Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X I ndex No.:
KEVIN McGONIGAL, 158327/13
Plaintiff, ANSWER TO CROSS-CLAIMS
-against-
OF SECOND THIRD-PARTY
DEFENDANTS DAY & NITE
NYY STEAK MANHATTAN, LLC, PLAZA REFRIGERATION CORP
CONSTRUCTION CORP. and BARING
INDUSTRIES, INC.,
Defendants.
_______________------------------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Defendant/Third-Party Plaintiff, Third-Party
-against-
Index No.:
595146/14
BARING INDUSTRIES, INC.,
Third-Party Defendant.
—————
______________________---------------------------------------------X
BARING INDUSTRIES, INC.,
Second Third-Party Plaintiff, Second Third-Party
-against-
Index No.:
595130/15
DAY & NIGHT REFRIGERATION CORP. and
KIMCO REFRIGERATION CORP.,
Second Third-Party Defendants.
-------------------------------------------------------------X
NYY STEAK MANHATTAN LLC, and PLAZA
CONSTRUCTION LLC f/k/a PLAZA
CONSTRUCTION CORP.,
Third Third-Party Plaintiffs,
-against-
B&G ELECTRICAL CONTRACTORS, ESS & VEE
ACOUSTICAL CONTRACTORS, INC. and
BARING INDUSTRIES, INC.,
Third Third-Party Defendants
------------------------------------------------X
Third Third-Party Defendant, B 8 G ELECTRICAL CONTRACTORS, by and through its
attorneys, FULLERTON BECK LLP, as and for itsAnswer to Cross-Claims of Second Third-Party
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NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018
Defendants DAY 8 NITE REFRIGERATION CORP. and KlMCO REFRIGERATION CORP.,
respectfully sets forth as follows upon information and belief:
AS AND FOR AN ANSWER TO THE FIRST CROSS-CLAIM AGAINST
B&G and ESS & VEE FOR COMMON LAW INDEMNIFICATION
1. Third Third-Party Defendant, B 8 G ELECTRICAL CONTRACTORS, denies each
and every allegation contained within DAY 8 NITE REFRIGERATION CORP. and KlMCO
REFRIGERATION CORP's., cross-claims under their FIRST CROSS-CLAIM against B & G
ELECTRICAL CONTRACTORS of itsNotice of Verified Cross-Claims, and otherwise respectfully
refers allquestions of law to the Court.
AS AND FOR AN ANSWER TO THE SECOND CROSS-CLAIM AGAINST
B&G and ESS 8 VEE FOR CONTRIBUTION
2. Third Third-Party Defendant, B & G ELECTRICAL CONTRACTORS denies each
and every allegation contained within DAY & NITE REFRIGERATION CORP. and KIMCO
REFRIGERATION CORP's., cross-claims under their SECOND CROSS-CLAIM against B 8 G
ELECTRICAL CONTRACTORS of itsNotice of Verified Cross-Claims, and otherwise respectfully
refers to the terms and conditions of the contract, and allquestions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
3. DAY 8 NITE REFRIGERATION CORP. is barred from seeking recovery based on
lack of privity of contract.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
4. The Cross-Clams failsto state a valid cause of action.
AS AND FOR AN THIRD FOURTH AFFIRMATIVE DEFENSE
5. The Answering Defendant did not breach any duties owed to the DAY & NITE
REFRIGERATION CORP. either contractually or by common law duty, and/or any alleged
breach of duties were not the proximate cause of any of the alleged damages.
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FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018
WHEREFORE, Answering Third Third-Party Defendant, B 8 G ELECTRICAL
CONTRACTORS, hereby demands judgment dismissing the cross-claims of Second Third-Party
Defendants DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., for
fullindemnification or for contribution in the amount of the excess paid by this Answering Third
Third-Party Defendant over and above its equitable share of the judgment verdict; and/or
recovery, as determined in accordance with the relative culpability of each party liable for
attorneys'
contribution, together with the costs and disbursements of this action including fees
and for such other, further and different relief as this court may deem just and proper.
Dated: White Plains, New York
May 1, 2018
Respectfully Yours,
FULLERTON BECKLLP
Eileen R. Fullerton, Esq.
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
1 W. Red Oak Lane
White Plains, New York 10604
(914) 305-8634
File No.: 62.B-013
TO: SACKS AND SACKS, LLP
Attorneys for Plaintiff
KEVIN McGONIGAL
- 4th
150 Broadway FlOOr
New York, New York 10038
FABIANI COHEN 8 HALL, LLP
Patrick Aurilia, Esq.
Attorneys for Defendant
NYYSTEAK MANHATTAN, LLC and
Defendant/Third-Party Plaintiff
PLAZA CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP.
4th
570 Lexington Avenue, Floor
New York, New York 10022
(212) 644-4420
File No.: 731-37132
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NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018
LAW OFFICES OF CHARLES SEIGEL
Nikolas E. Diamantis, Esq.
Attorneys for Third-Party Defendant
BARING INDUSTRIES, INC.
7th
125 Broad Street, Floor
New York, New York 10004
MILBER MAKRIS PLOUSADIS 8 SElDEN LLP
Attorneys for Second Third-Party Defendants
DAY 8 NIGHT REFIRGERATION CORP. and
K.I.M CO. REFIRGERATION CORP. s/h/a KlMCO REFIRGERATION CORP.
1000 Woodbury Road, Suite 402
Woodbury New York 11797
SMITH MAZURE DIRECTOR WILKINS YOUNG 8 YAGERMAN, P.C.
Attomeys for Third Third-Party Defendant
ESS 8 VEE ACOUSTICAL CONTRACTORS, INC.
111 John Street
New
IXVVV York, INew
VCW York
I Vl 510038
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FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.: 158327/2013
KEVIN McGONIGAL,
Plaintiff,
-against-
NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING
INDUSTRIES, INC.,
Defendants.
________.._________..__..-··-----····-----------------------------------------------------X
PLAZA CONSTRUCTION CORP.,
Defendant/Third-Party Plaintiff,
-against-
BARING INDUSTRIES, INC.,
Third-Party Defendant.
.._____________..______________________________..___..____.....--------------------··----X
And Second Third-Party Action
_______________________________________________________________..-------X
And Third Third-Party Action
ANSWER TO CROSS-CLAIMS OF SECOND THIRD-PARTY DEFENDANTS
DAY & NITE REFRIGERATION CORP.
FULLERTON BECK LLP
Attorneys for Third Third-Party Defendant
B&G ELECTRICAL CONTRACTORS
File No. 62-013
Office and P.O. Address:
1 W. Red Oak Lane
White Plains, New York 10604
(914) 305-8634
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Preview
FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X I ndex No.: KEVIN McGONIGAL, 158327/13 Plaintiff, ANSWER TO CROSS-CLAIMS -against- OF SECOND THIRD-PARTY DEFENDANTS DAY & NITE NYY STEAK MANHATTAN, LLC, PLAZA REFRIGERATION CORP CONSTRUCTION CORP. and BARING INDUSTRIES, INC., Defendants. _______________------------------------------------------------------------X PLAZA CONSTRUCTION CORP., Defendant/Third-Party Plaintiff, Third-Party -against- Index No.: 595146/14 BARING INDUSTRIES, INC., Third-Party Defendant. ————— ______________________---------------------------------------------X BARING INDUSTRIES, INC., Second Third-Party Plaintiff, Second Third-Party -against- Index No.: 595130/15 DAY & NIGHT REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., Second Third-Party Defendants. -------------------------------------------------------------X NYY STEAK MANHATTAN LLC, and PLAZA CONSTRUCTION LLC f/k/a PLAZA CONSTRUCTION CORP., Third Third-Party Plaintiffs, -against- B&G ELECTRICAL CONTRACTORS, ESS & VEE ACOUSTICAL CONTRACTORS, INC. and BARING INDUSTRIES, INC., Third Third-Party Defendants ------------------------------------------------X Third Third-Party Defendant, B 8 G ELECTRICAL CONTRACTORS, by and through its attorneys, FULLERTON BECK LLP, as and for itsAnswer to Cross-Claims of Second Third-Party 1 of 5 FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018 Defendants DAY 8 NITE REFRIGERATION CORP. and KlMCO REFRIGERATION CORP., respectfully sets forth as follows upon information and belief: AS AND FOR AN ANSWER TO THE FIRST CROSS-CLAIM AGAINST B&G and ESS & VEE FOR COMMON LAW INDEMNIFICATION 1. Third Third-Party Defendant, B 8 G ELECTRICAL CONTRACTORS, denies each and every allegation contained within DAY 8 NITE REFRIGERATION CORP. and KlMCO REFRIGERATION CORP's., cross-claims under their FIRST CROSS-CLAIM against B & G ELECTRICAL CONTRACTORS of itsNotice of Verified Cross-Claims, and otherwise respectfully refers allquestions of law to the Court. AS AND FOR AN ANSWER TO THE SECOND CROSS-CLAIM AGAINST B&G and ESS 8 VEE FOR CONTRIBUTION 2. Third Third-Party Defendant, B & G ELECTRICAL CONTRACTORS denies each and every allegation contained within DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP's., cross-claims under their SECOND CROSS-CLAIM against B 8 G ELECTRICAL CONTRACTORS of itsNotice of Verified Cross-Claims, and otherwise respectfully refers to the terms and conditions of the contract, and allquestions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 3. DAY 8 NITE REFRIGERATION CORP. is barred from seeking recovery based on lack of privity of contract. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 4. The Cross-Clams failsto state a valid cause of action. AS AND FOR AN THIRD FOURTH AFFIRMATIVE DEFENSE 5. The Answering Defendant did not breach any duties owed to the DAY & NITE REFRIGERATION CORP. either contractually or by common law duty, and/or any alleged breach of duties were not the proximate cause of any of the alleged damages. 2 of 5 FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018 WHEREFORE, Answering Third Third-Party Defendant, B 8 G ELECTRICAL CONTRACTORS, hereby demands judgment dismissing the cross-claims of Second Third-Party Defendants DAY & NITE REFRIGERATION CORP. and KIMCO REFRIGERATION CORP., for fullindemnification or for contribution in the amount of the excess paid by this Answering Third Third-Party Defendant over and above its equitable share of the judgment verdict; and/or recovery, as determined in accordance with the relative culpability of each party liable for attorneys' contribution, together with the costs and disbursements of this action including fees and for such other, further and different relief as this court may deem just and proper. Dated: White Plains, New York May 1, 2018 Respectfully Yours, FULLERTON BECKLLP Eileen R. Fullerton, Esq. Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS 1 W. Red Oak Lane White Plains, New York 10604 (914) 305-8634 File No.: 62.B-013 TO: SACKS AND SACKS, LLP Attorneys for Plaintiff KEVIN McGONIGAL - 4th 150 Broadway FlOOr New York, New York 10038 FABIANI COHEN 8 HALL, LLP Patrick Aurilia, Esq. Attorneys for Defendant NYYSTEAK MANHATTAN, LLC and Defendant/Third-Party Plaintiff PLAZA CONSTRUCTION, LLC f/k/a PLAZA CONSTRUCTION CORP. 4th 570 Lexington Avenue, Floor New York, New York 10022 (212) 644-4420 File No.: 731-37132 3 of 5 FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018 LAW OFFICES OF CHARLES SEIGEL Nikolas E. Diamantis, Esq. Attorneys for Third-Party Defendant BARING INDUSTRIES, INC. 7th 125 Broad Street, Floor New York, New York 10004 MILBER MAKRIS PLOUSADIS 8 SElDEN LLP Attorneys for Second Third-Party Defendants DAY 8 NIGHT REFIRGERATION CORP. and K.I.M CO. REFIRGERATION CORP. s/h/a KlMCO REFIRGERATION CORP. 1000 Woodbury Road, Suite 402 Woodbury New York 11797 SMITH MAZURE DIRECTOR WILKINS YOUNG 8 YAGERMAN, P.C. Attomeys for Third Third-Party Defendant ESS 8 VEE ACOUSTICAL CONTRACTORS, INC. 111 John Street New IXVVV York, INew VCW York I Vl 510038 4 of 5 FILED: NEW YORK COUNTY CLERK 05/01/2018 04:10 PM INDEX NO. 158327/2013 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/01/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 158327/2013 KEVIN McGONIGAL, Plaintiff, -against- NYY STEAK MANHATTAN, LLC, PLAZA CONSTRUCTION CORP. and BARING INDUSTRIES, INC., Defendants. ________.._________..__..-··-----····-----------------------------------------------------X PLAZA CONSTRUCTION CORP., Defendant/Third-Party Plaintiff, -against- BARING INDUSTRIES, INC., Third-Party Defendant. .._____________..______________________________..___..____.....--------------------··----X And Second Third-Party Action _______________________________________________________________..-------X And Third Third-Party Action ANSWER TO CROSS-CLAIMS OF SECOND THIRD-PARTY DEFENDANTS DAY & NITE REFRIGERATION CORP. FULLERTON BECK LLP Attorneys for Third Third-Party Defendant B&G ELECTRICAL CONTRACTORS File No. 62-013 Office and P.O. Address: 1 W. Red Oak Lane White Plains, New York 10604 (914) 305-8634 5 of 5