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(FILED: NASSAU COUNTY CLERK 0872672015 05:12 PM INDEX NO. 604204/2014
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/26/2015
AMI 10208
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
enna anne ENERO atnnnennnsneeneEneeeeneeeee x
MICHAEL MESSINA, Index No.: 604204/14
Plaintiff, THIRD-PARTY ANSWER
-against-
MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC.,
Defendants,
nee e ete enn a nenenannnna eannenens seeeenesennannenseensnesansnesceses: aX
MORTON VILLAGE REALTY, INC. and PHILLIPS Third-Party
INTERNATIONAL REALTY, INC., Index No.:
Third-Party Plaintiffs,
-against-
MR. JOE'S PIZZERIA & RESTORANTE, RUAGO,
LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC.,
GIUSEPPE FRANZELLA, JOSEPH LOGLISCI,
MICHAEL RUGGIERO, DIG ENTERPRISE, INC.
and PETE LAMARIANA,
Third-Party Defendants.
Third-Party Defendants, RUAGO, LLC D/B/A MR-JOE'S AND MICHAEL RUGGERIO,
/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE,
by their attorneys, ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP, as and for a
Verified Third-Party Answer to the defendant/third-party plaintiffs Complaint, herein allege as
follows:
FIRST: Denies knowledge or information sufficient to form a belief as to the truth of the
allegation contained in paragraphs "I", "2", "3", "9, "10", “11, “12”, “13”, “15”, “16”, “17”, “18”,
*19” and “20” of the Third-Party Complaint.SECOND: Denies in the form alleged the contents of paragraphs "4", "5”, “6”, “7” and
“8” and “14” of the Third-Party Complaint.
THIRD: Denies each and every allegation contained in paragraphs "21", “22”, “23”,
of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
FOURTH: That the culpable conduct of the plaintiff including comparative negligence
and assumption of risk, caused, in whole or in part, the damages claimed herein, and pursuant to
CPLR Rule 1411, said damages should be diminished in the proportion which the culpable conduct
attributable to the plaintiff bears to the culpable conduct which caused said damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FIFTH: The complaint herein fails to state a cause of action upon which relief may
be granted, and is thus fatally defective.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
SIXTH: Plaintiff is barred from recovery pursuant to the provisions of the Worker's
Compensation Law, in that his sole remedy for the injuries alleged is a claim for Workers’
Compensation
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
FIFTH: If, at the time of trial, any of the issues herein have finally been determined
wholly or partially against the Plaintiff by a tribunal, forum or court, all of competent jurisdiction,
then in that event, the Plaintiff will be estopped from relitigating such issue or issues.AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
SIXTH: That in the event of any judgment or verdict on behalf of the Plaintiff,
Defendant is entitled to a set-off or verdict with respect to the amounts of any payments made to the
Plaintiff for medical and other expenses prior thereto.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
SEVENTH: Plaintiffs cause of action is barred in that plaintiff herein have not
sustained a grave injury as defined by the Workers' Compensation Law.
WHEREFORE, the Third-Party Defendants, RUAGO, LLC D/B/A MR. JOE'S AND
MICHAEL RUGGERIO, V/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES
PIZZERIA & RISTORANTE, demand judgment:
AS AND FOR A FIRST CROSS AND COUNTER CLAIM BY THE ANSWERING
THIRD-PARTY DEFENDANTS RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL
RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES
PIZZERIA & RISTORANTE AGAINST THIRD-PARTY DEFENDANTS, ANTO,
INC., JOSEPH LOGLISCI, DIG ENTERPRISE, INC., GIUSEPPE FRANZELLA
and PETE LAMARIANA
ELEVENTH: It is alleged in the Complaint that the damages sustained by the plaintiff was
the result of the culpable conduct of the defendants. The third-party defendants claiming over beg
leave to refer to the plaintiff's Complaint at the time of Trial.
TWELFTH: If the plaintiff was caused to sustain the damages alleged in the plaintiff's
Complaint, said damages will have been sustained by reason of the culpable conduct of the adverse
Third-Party Defendants, AUTO INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISIC, DIG
ENTERPRISES, INC. and PETE LAMARIANA. If the answering third-party defendants are also
found culpable it will be entitled to contribution or indemnification in whole or in part by the
culpable party(ies) named in this claim over for the portion of the plaintiff's damages which werecaused by the culpable party(ies) named in this claim over together with all attorneys’ fees, costs
and disbursements.
AS AND FOR A FIRST COUNTER-CLAIM BY THE ANSWERING THIRD-PARTY
DEFENDANTS RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, V/S/H/A
RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE
AGAINST DEFENDANTS/THIRD-PARTY PLAINTIFFS, MORTON VILLAGE
REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC.
THIRTEENTH: It is alleged in the Complaint that the damages sustained by the plaintiff
was the result of the culpable conduct of the Defendants/Third-Party Plaintiffs. The Third-Party
Plaintiffs/Defendants claiming over beg leave to refer to the plaintiff's Complaint at the time of
Trial.
FOURTEENTH: If the plaintiff was caused to sustain the damages alleged in the plaintiff's
Complaint said damages will have been sustained by reason of the culpable conduct of the adverse
Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS
INTERNATIONAL REALTY, INC. If the answering third-party defendants are also found
culpable, it will be entitled to contribution or indemnification, in whole or in part, by the culpable
party(ies) names in this claim over for the portion of the plaintiff's damages which were caused by
the culpable party(ies) named in this claim over together with all attorneys’ fees, costs and
disbursements.
1. Dismissing the Complaint of the Third-Party Plaintiffs against the Third-Party
Defendants, RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, /S/H/A RUAGO,
LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE; and
2. For contribution and/or indemnification on each Cross- and Counter Claim against the
adverse defendants, MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL
REALTY INC., AUTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISICI, DIG
ENTERPRISES, INC. and PETE LAMARIANA, and adverse Third-Party Defendants, xx; and3. For costs, disbursements and attorneys’ fees in connection of the within action; and
4. For such other and different relief as to this Court may seem just and proper.
Dated: New York, New York
TO:
June 30, 2015
ARMIENTI, DeBELLIS,
GUGLIELMO & RHODEN, LLP
Attorneys for Third-Party Defendants
RUAGO, LLC D/B/A MR. JOE'S AND
MICHAEL RUGGERIO, I/S/H/A RUAGO,
LLC, D/B/A PIZZA DELIGHT INC.,
MR.JOES PIZZERIA & RISTORANTE
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
Patterson & Sciarrino, L.L.P.
Attorneys for Defendants/Third-Party Plaintiffs
MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC.
42-40 Bell Boulevard-Suite 606
Bayside, New York 11361
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C.
Attorney for Plaintiff
100 Herricks Road-Suite 101
Mineola, New York 11501
Joseph Loglisci
1048 Old Country Road
Plainview, New York 11803
Giuseppe Franzella
5 August Lane
Old Westbury, New York 11568
Anto, Inc.
5 August Lane
Old Westbury, New York 11568DIG Enterprise, Inc.
70 Vondran Street
Huntington Station, New York 11746
Pete Lamariana
70 Vodran Street
Huntington Station, New York 11746ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
shows:
Deponent is JOHN M. GUGLIELMO, of ARMIENTI, DeBELLIS, GUGLIELMO &
RHODEN, LLP, the attorneys of record for RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL
RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA &
RISTORANTE, third-party defendant in the within action. Deponent has read the foregoing
THIRD-PARTY ANSWER and contents thereof. The same is true to deponent's own knowledge,
except as to the matters herein stated to be alleged on information and belief; and as to those
matters deponent believes them to be true. This verification is made by deponent and not by said
defendant because the defendant, upon information and belief:
{ ] _ isa foreign corporation or
{X] are corporations, none of whose offices are within the county where your deponent
maintains their office.
{ ] is a partnership, none of the partners being in the county where your deponent
maintains their office.
[ ] _ is an individual not residing in the county where your deponent maintained their
office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: New York, New York
June 30, 2015
JOHN M. GUGLIELMO
4AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
ANGELINA COLON, being duly sworn, deposes and says:
That deponent is not a party to this action, is over the age of 18 years and resides in Queens,
New York.
That on edn of July, 2015, deponent served by mail the within: THIRD-PARTY
ANSWER UPON:
Patterson & Sciarrino, L.L.P.
Attorneys for Defendants/Third-Party Plaintiffs
MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC.
42-40 Bell Boulevard-Suite 606
Bayside, New York 11361
Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C.
Attorney for Plaintiff
100 Herricks Road-Suite 101
Mineola, New York 11501
Joseph Loglisci
1048 Old Country Road
Plainview, New York 11803
Giuseppe Franzella
5 August Lane
Old Westbury, New York 11568
Anto, Inc.
5 August Lane
Old Westbury, New York 11568
DIG Enterprise, Inc.
70 Vondran Street
Huntington Station, New York 11746
Pete Lamariana
70 Vodran Street
Huntington Station, New York 11746which addresses is/are designated by said attorney(s) for purpose, by depositing a true copy thereof,
enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive
care and custody of the United States Post Office Department of the State of New York.
ANGELINA COLON
JOHN GUGLIELMO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No, 020U6226710
Qualified in Nassau County
Comuitsion Expires August 16, 20AMI 10208
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
MICHAEL MESSINA,
Plaintiff(s),
-against-
MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY,
INC.,
Defendant(s).
MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY,
INC,
Third-Party Plaintiff(s),
-against-
MR. JOE'S PIZZERIA & RESTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC.,
ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO,
DIG ENTERPRISE, INC. and PETE LAMARIANA.
Third-Party Defendants.
THIRD-PARTY ANSWER
ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP
Attorneys for Third-Party Defendants
RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, I/S/H/A RUAGO, LLC,
D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE
Office & P.O. Address
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
Preview
(FILED: NASSAU COUNTY CLERK 0872672015 05:12 PM INDEX NO. 604204/2014 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/26/2015 AMI 10208 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU enna anne ENERO atnnnennnsneeneEneeeeneeeee x MICHAEL MESSINA, Index No.: 604204/14 Plaintiff, THIRD-PARTY ANSWER -against- MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Defendants, nee e ete enn a nenenannnna eannenens seeeenesennannenseensnesansnesceses: aX MORTON VILLAGE REALTY, INC. and PHILLIPS Third-Party INTERNATIONAL REALTY, INC., Index No.: Third-Party Plaintiffs, -against- MR. JOE'S PIZZERIA & RESTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARIANA, Third-Party Defendants. Third-Party Defendants, RUAGO, LLC D/B/A MR-JOE'S AND MICHAEL RUGGERIO, /S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE, by their attorneys, ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP, as and for a Verified Third-Party Answer to the defendant/third-party plaintiffs Complaint, herein allege as follows: FIRST: Denies knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraphs "I", "2", "3", "9, "10", “11, “12”, “13”, “15”, “16”, “17”, “18”, *19” and “20” of the Third-Party Complaint.SECOND: Denies in the form alleged the contents of paragraphs "4", "5”, “6”, “7” and “8” and “14” of the Third-Party Complaint. THIRD: Denies each and every allegation contained in paragraphs "21", “22”, “23”, of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE FOURTH: That the culpable conduct of the plaintiff including comparative negligence and assumption of risk, caused, in whole or in part, the damages claimed herein, and pursuant to CPLR Rule 1411, said damages should be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused said damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE FIFTH: The complaint herein fails to state a cause of action upon which relief may be granted, and is thus fatally defective. AS AND FOR A THIRD AFFIRMATIVE DEFENSE SIXTH: Plaintiff is barred from recovery pursuant to the provisions of the Worker's Compensation Law, in that his sole remedy for the injuries alleged is a claim for Workers’ Compensation AS AND FOR A FOURTH AFFIRMATIVE DEFENSE FIFTH: If, at the time of trial, any of the issues herein have finally been determined wholly or partially against the Plaintiff by a tribunal, forum or court, all of competent jurisdiction, then in that event, the Plaintiff will be estopped from relitigating such issue or issues.AS AND FOR A FIFTH AFFIRMATIVE DEFENSE SIXTH: That in the event of any judgment or verdict on behalf of the Plaintiff, Defendant is entitled to a set-off or verdict with respect to the amounts of any payments made to the Plaintiff for medical and other expenses prior thereto. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE SEVENTH: Plaintiffs cause of action is barred in that plaintiff herein have not sustained a grave injury as defined by the Workers' Compensation Law. WHEREFORE, the Third-Party Defendants, RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, V/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE, demand judgment: AS AND FOR A FIRST CROSS AND COUNTER CLAIM BY THE ANSWERING THIRD-PARTY DEFENDANTS RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE AGAINST THIRD-PARTY DEFENDANTS, ANTO, INC., JOSEPH LOGLISCI, DIG ENTERPRISE, INC., GIUSEPPE FRANZELLA and PETE LAMARIANA ELEVENTH: It is alleged in the Complaint that the damages sustained by the plaintiff was the result of the culpable conduct of the defendants. The third-party defendants claiming over beg leave to refer to the plaintiff's Complaint at the time of Trial. TWELFTH: If the plaintiff was caused to sustain the damages alleged in the plaintiff's Complaint, said damages will have been sustained by reason of the culpable conduct of the adverse Third-Party Defendants, AUTO INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISIC, DIG ENTERPRISES, INC. and PETE LAMARIANA. If the answering third-party defendants are also found culpable it will be entitled to contribution or indemnification in whole or in part by the culpable party(ies) named in this claim over for the portion of the plaintiff's damages which werecaused by the culpable party(ies) named in this claim over together with all attorneys’ fees, costs and disbursements. AS AND FOR A FIRST COUNTER-CLAIM BY THE ANSWERING THIRD-PARTY DEFENDANTS RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, V/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE AGAINST DEFENDANTS/THIRD-PARTY PLAINTIFFS, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. THIRTEENTH: It is alleged in the Complaint that the damages sustained by the plaintiff was the result of the culpable conduct of the Defendants/Third-Party Plaintiffs. The Third-Party Plaintiffs/Defendants claiming over beg leave to refer to the plaintiff's Complaint at the time of Trial. FOURTEENTH: If the plaintiff was caused to sustain the damages alleged in the plaintiff's Complaint said damages will have been sustained by reason of the culpable conduct of the adverse Defendants/Third-Party Plaintiffs, MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. If the answering third-party defendants are also found culpable, it will be entitled to contribution or indemnification, in whole or in part, by the culpable party(ies) names in this claim over for the portion of the plaintiff's damages which were caused by the culpable party(ies) named in this claim over together with all attorneys’ fees, costs and disbursements. 1. Dismissing the Complaint of the Third-Party Plaintiffs against the Third-Party Defendants, RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, /S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE; and 2. For contribution and/or indemnification on each Cross- and Counter Claim against the adverse defendants, MORTON VILLAGE REALTY INC. and PHILLIPS INTERNATIONAL REALTY INC., AUTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISICI, DIG ENTERPRISES, INC. and PETE LAMARIANA, and adverse Third-Party Defendants, xx; and3. For costs, disbursements and attorneys’ fees in connection of the within action; and 4. For such other and different relief as to this Court may seem just and proper. Dated: New York, New York TO: June 30, 2015 ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP Attorneys for Third-Party Defendants RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074 Patterson & Sciarrino, L.L.P. Attorneys for Defendants/Third-Party Plaintiffs MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 42-40 Bell Boulevard-Suite 606 Bayside, New York 11361 Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C. Attorney for Plaintiff 100 Herricks Road-Suite 101 Mineola, New York 11501 Joseph Loglisci 1048 Old Country Road Plainview, New York 11803 Giuseppe Franzella 5 August Lane Old Westbury, New York 11568 Anto, Inc. 5 August Lane Old Westbury, New York 11568DIG Enterprise, Inc. 70 Vondran Street Huntington Station, New York 11746 Pete Lamariana 70 Vodran Street Huntington Station, New York 11746ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice in the Courts of the State of New York, shows: Deponent is JOHN M. GUGLIELMO, of ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP, the attorneys of record for RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE, third-party defendant in the within action. Deponent has read the foregoing THIRD-PARTY ANSWER and contents thereof. The same is true to deponent's own knowledge, except as to the matters herein stated to be alleged on information and belief; and as to those matters deponent believes them to be true. This verification is made by deponent and not by said defendant because the defendant, upon information and belief: { ] _ isa foreign corporation or {X] are corporations, none of whose offices are within the county where your deponent maintains their office. { ] is a partnership, none of the partners being in the county where your deponent maintains their office. [ ] _ is an individual not residing in the county where your deponent maintained their office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York June 30, 2015 JOHN M. GUGLIELMO 4AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) ANGELINA COLON, being duly sworn, deposes and says: That deponent is not a party to this action, is over the age of 18 years and resides in Queens, New York. That on edn of July, 2015, deponent served by mail the within: THIRD-PARTY ANSWER UPON: Patterson & Sciarrino, L.L.P. Attorneys for Defendants/Third-Party Plaintiffs MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC. 42-40 Bell Boulevard-Suite 606 Bayside, New York 11361 Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C. Attorney for Plaintiff 100 Herricks Road-Suite 101 Mineola, New York 11501 Joseph Loglisci 1048 Old Country Road Plainview, New York 11803 Giuseppe Franzella 5 August Lane Old Westbury, New York 11568 Anto, Inc. 5 August Lane Old Westbury, New York 11568 DIG Enterprise, Inc. 70 Vondran Street Huntington Station, New York 11746 Pete Lamariana 70 Vodran Street Huntington Station, New York 11746which addresses is/are designated by said attorney(s) for purpose, by depositing a true copy thereof, enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office Department of the State of New York. ANGELINA COLON JOHN GUGLIELMO NOTARY PUBLIC, STATE OF NEW YORK Registration No, 020U6226710 Qualified in Nassau County Comuitsion Expires August 16, 20AMI 10208 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU MICHAEL MESSINA, Plaintiff(s), -against- MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC., Defendant(s). MORTON VILLAGE REALTY, INC. and PHILLIPS INTERNATIONAL REALTY, INC, Third-Party Plaintiff(s), -against- MR. JOE'S PIZZERIA & RESTORANTE, RUAGO, LLC d/b/a PIZZA DELIGHT, INC., ANTO, INC., GIUSEPPE FRANZELLA, JOSEPH LOGLISCI, MICHAEL RUGGIERO, DIG ENTERPRISE, INC. and PETE LAMARIANA. Third-Party Defendants. THIRD-PARTY ANSWER ARMIENTI, DeBELLIS, GUGLIELMO & RHODEN, LLP Attorneys for Third-Party Defendants RUAGO, LLC D/B/A MR. JOE'S AND MICHAEL RUGGERIO, I/S/H/A RUAGO, LLC, D/B/A PIZZA DELIGHT INC., MR.JOES PIZZERIA & RISTORANTE Office & P.O. Address 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074