Preview
FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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STEPHEN GUARDINO,
Index No. 151860/2020
Plaintiff,
VERIFIED ANSWER TO
- against - PLAINTIFF’ S AMENDED
VERIFIED COMPLAINT
AT&T COMMUNICATIONS OF NEW YORK, INC.
and CBRE, INC.,
Defendants.
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PLEASE TAKE NOTICE that Defendant AT&T COMMUNICATIONS OF NEW
YORK, INC. (“AT&T”), by its attorneys, Chartwell Law, as and for its Verified Answer to
Plaintiff’s Amended Verified Complaint, states upon information and belief, as follows:
1. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “1” of Plaintiff’s Amended Verified Complaint.
2. Admits each and every allegation contained in paragraph “2” of Plaintiff’s
Amended Verified Complaint.
3. Denies each and every allegation contained in paragraph “3” of Plaintiff’s
Amended Verified Complaint, except admits that AT&T has the referenced address listed with the
New York State Department of State for purposes of service.
4. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “4” of Plaintiff’s Amended Verified Complaint.
5. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “5” of Plaintiff’s Amended Verified Complaint.
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6. Admits each and every allegation contained in paragraph “6” of Plaintiff’s
Amended Verified Complaint.
7. Denies each and every allegation contained in paragraph “7” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
8. Denies each and every allegation contained in paragraph “8” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
9. Denies each and every allegation contained in paragraph “9” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
10. Denies each and every allegation contained in paragraph “10” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
11. Denies each and every allegation contained in paragraph “11” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
12. Denies each and every allegation contained in paragraph “12” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
13. Denies each and every allegation contained in paragraph “13” of Plaintiff’s
Amended Verified Complaint, and respectfully refers all questions of law to the Court.
14. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “14” of Plaintiff’s Amended Verified Complaint.
15. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “15” of Plaintiff’s Amended Verified Complaint.
16. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “16” of Plaintiff’s Amended Verified Complaint.
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17. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “17” of Plaintiff’s Amended Verified Complaint.
18. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “18” of Plaintiff’s Amended Verified Complaint.
19. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “19” of Plaintiff’s Amended Verified Complaint.
20. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “20” of Plaintiff’s Amended Verified Complaint.
21. Denies each and every allegation contained in paragraph “21” of Plaintiff’s
Amended Verified Complaint, except admits that an agreement(s) exists between AT&T and
CBRE for CBRE to perform certain services at the aforementioned premises, and respectfully
refers the applicability, adjudication, and interpretation of the terms and conditions and limitations
of the agreement(s) and all questions of law to the Court.
22. Denies each and every allegation contained in paragraph “22” of Plaintiff’s
Amended Verified Complaint, except admits that an agreement(s) exists between AT&T and
CBRE for CBRE to perform certain services at the aforementioned premises, and respectfully refer
the applicability, adjudication, and interpretation of the terms and conditions and limitations of the
agreement(s) and all questions of law to the Court.
23. Denies knowledge or information sufficient to form a belief as to the allegations
contained in paragraph “23” of Plaintiff’s Amended Verified Complaint.
24. Denies each and every allegation contained in paragraph “24” of Plaintiff’s
Amended Verified Complaint.
25. Denies, as to AT&T, each and every allegation contained in paragraph “25” of
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Plaintiff’s Amended Verified Complaint, and denies knowledge or information sufficient to form
a belief as to all other defendants.
26. Denies each and every allegation contained in paragraph “26” of Plaintiff’s
Amended Verified Complaint.
27. Denies each and every allegation contained in paragraph “27” of Plaintiff’s
Amended Verified Complaint.
28. Denies each and every allegation contained in paragraph “28” of Plaintiff’s
Amended Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
29. Whatever injuries and/or damages Plaintiff may have sustained at the time and
place mentioned in Plaintiff’s Amended Verified Complaint and/or as a result of the occurrence
alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, were caused
in whole or in part by the culpable conduct of Plaintiff. AT&T invokes the offset and other
statutory protections of CPLR Articles 14 and 14-A and Article 15 of the General Obligations
Law, and thus the amount of damages recovered, if any, shall therefore be diminished in the
proportion which the culpable conduct, attributable to Plaintiff, bears to the culpable conduct,
which caused said injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
30. All risks and danger of loss or damages connected with a situation alleged in
Plaintiff’s Amended Verified Complaint were at the time and place mentioned open, obvious and
apparent and were known by Plaintiff, and voluntarily assumed by Plaintiff. Thus, Plaintiff may
not recover any damages, or Plaintiff’s damages must be reduced accordingly.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
31. The injuries and damages alleged were caused by the culpable conduct of some
third person or persons over whom AT&T neither had nor exercised control.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
32. Any liability of AT&T is limited by the provisions of Article 16 of the Civil Practice
Law and Rules.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
33. Any verdict, judgment or decision that might be obtained by Plaintiff shall be
reduced by the amount of any collateral source payments received by Plaintiff pursuant to CPLR
§ 4545(c) as determined by the Court.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
34. Plaintiff’s Amended Verified Complaint fails to state a cause of action.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
35. The culpable conduct of those responsible for the accident or the occurrence alleged
in Plaintiff’s Amended Verified Complaint constituted a separate, independent, superseding,
intervening culpable acts or acts which constitute the sole proximate cause of the accident or
occurrence alleged.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
36. Plaintiff failed to mitigate his damages.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
37. AT&T did not create or have notice of the alleged condition.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
38. Another party, and its agents, servants and/or employees exclusively controlled the
area where the alleged incident occurred.
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AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
39. The damages allegedly suffered by Plaintiff were caused by an entity or individual
other than AT&T, who is a necessary party and Plaintiff has failed to name the entity or individual
as a party.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
40. Plaintiff’s claims are barred by the applicable Statute of Limitations.
AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT CBRE, INC.
41. Upon information and belief, if and in the event Plaintiff sustained any damages as
alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages
were caused by the negligence, culpable conduct and/or wrongful acts of Defendant, CBRE, INC.,
its agents, servants and/or employees, and not through any negligence, culpable or wrongful
conduct on the part of, AT&T, its agents, servants, and/or employees.
42. By reason of the foregoing, AT&T is entitled to judgment over and against
Defendant CBRE, INC. for common law indemnification for all or part of any verdict or judgment
that Plaintiff may recover against AT&T.
AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT CBRE, INC.
43. Upon information and belief, if and in the event Plaintiff sustained any damages as
alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages
were caused by the negligence, culpable conduct and/or wrongful acts of Defendant, CBRE, INC.,
its agents, servants and/or employees, and not through any negligence, culpable or wrongful
conduct on the part of AT&T its agents, servants, and/or employees.
44. By reason of the foregoing, AT&T is entitled to judgment over and against
Defendant CBRE, INC., for common law contribution for all or part of any verdict or judgment
that Plaintiff may recover against AT&T.
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AS AND FOR A THIRD CROSS-CLAIM AGAINST DEFENDANT CBRE, INC.
45. Upon information and belief, if and in the event Plaintiff sustained any damages as
alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages
were caused by the negligence, culpable conduct, intentional and/or wrongful acts of Defendant,
CBRE, INC. and not through any acts of negligence, culpable or wrongful conduct on the part of
AT&T.
46. Upon information and belief, prior to the time alleged in Plaintiff’s Amended
Verified Complaint, Defendant CBRE, INC. agreed in written contract(s) and agreement(s) to
defend, hold harmless and otherwise indemnify AT&T.
47. Upon information and belief, at or about the time alleged in Plaintiff’s Amended
Verified Complaint, the contract(s) and agreement(s) were in full force and effect.
48. By reason of the foregoing, AT&T is entitled to contractual indemnification from,
and to have judgment over and against Defendant CBRE, INC., for all or part of any verdict or
judgment that Plaintiff may recover against AT&T.
AS AND FOR A FOURTH CROSS-CLAIM AGAINST DEFENDANT CBRE, INC.
49. Upon information and belief, prior to the time alleged in Plaintiff’s Amended
Verified Complaint, Defendant CBRE, INC. agreed in written contract(s) and agreement(s) to
purchase and/or procure comprehensive general liability naming, among others, AT&T, as an
additional insured and affording coverage to benefit AT&T and to, defend, hold harmless and
otherwise indemnify AT&T.
50. Upon information and belief, at or about the time alleged in Plaintiff’s Amended
Verified Complaint, the contract(s) and agreement(s) were in full force and effect.
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51. Upon information and belief, Defendant CBRE, INC. breached the contract(s) and
agreement(s).
52. If Plaintiff sustained damages in the manner alleged in Plaintiff’s Amended
Verified Complaint, which is expressly denied herein, and if Plaintiff recovers judgment against
AT&T, then AT&T shall be entitled to full indemnity and/or damages from Defendant CBRE,
INC. as the result of said breach, and Defendant CBRE, INC. shall indemnify and otherwise fully
reimburse AT&T for all costs and expenses incurred as a result of this lawsuit, including but not
limited to payment of any judgment, payment of attorneys’ fees and payment of all other costs and
expenses incurred by AT&T.
WHEREFORE, Defendant AT&T COMMUNICATIONS OF NEW YORK, INC. hereby
demands judgment dismissing Plaintiff’s Amended Verified Complaint, and further demands
judgment over and against Plaintiff for all or part of any verdict and/or judgment rendered against
AT&T COMMUNICATIONS OF NEW YORK, INC. and over and against Defendant CBRE,
INC. on all cross-claims asserted for all or part of any verdict and/or judgment rendered against
Defendant AT&T COMMUNICATIONS OF NEW YORK, INC., including all costs and fees of
this action and for such other and further relief that this Court deems just and proper.
Dated: New York, New York
June 18, 2020
Yours, etc.
CHARTWELL LAW
___________________________________
By: Jarett L. Warner, Esq.
Attorneys for Defendant
AT&T COMMUNICATIONS OF
NEW YORK, INC.
One Battery Park Plaza, 35th Floor
New York, New York 10004
(212) 809-1669
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To: Mark E. Seitelman Law Offices, P.C.
Attorneys for Plaintiff
111 Broadway, 9th Floor
New York, New York 1006
(212) 962-2626
mark@seitelman.com
Jon D. Lichtenstein, Esq.
Sheeley LLP
Attorneys for Defendant CBRE, INC.
100 Wall Street, 19th Floor
New York, New York 10017
lichtenstein@sheeleyllp.com
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ATTORNEY VERIFICATION
PURSUANT TO CPLR § 3020(d)(3)
JARETT L. WARNER, an attorney at law, duly admitted to practice in the Courts of the
State of New York, affirms under penalties of perjury that:
I am a Partner with Chartwell Law, the attorneys for the Defendant, AT&T
COMMUNICATIONS OF NEW YORK, INC. in the above-entitled action. I have read the
foregoing Verified Answer and know the contents thereof, and upon information and belief, I
believe the matters alleged therein to be true.
The reason this verification is made by me and not by the Defendant, AT&T
COMMUNICATIONS OF NEW YORK, INC. is because the Defendant is not located in the
county in which their attorneys maintain their offices.
The source of my information and the grounds of my beliefs are privileged communications
and/or a review of the documents contained in the file.
Dated: New York, New York
June 18, 2020
_____________________________________
JARETT L. WARNER
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ATTORNEY CERTIFICATION
PURSUANT TO 22 NYCRR 130-1.1a
Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the
Courts of New York State, certifies that, upon information and belief, and after reasonable inquiry,
the contentions contained in the annexed document(s) are not frivolous as defined by Section 130-
1.1(c) and was not obtained through illegal conduct, nor was it obtained in violation of 22 NYCRR
1200.41-a.
Dated: June 18, 2020
Signature:
Print Signer’s Name: Jarett L. Warner
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FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X STEPHEN GUARDINO, Index No. 151860/2020 Plaintiff, VERIFIED ANSWER TO - against - PLAINTIFF’ S AMENDED VERIFIED COMPLAINT AT&T COMMUNICATIONS OF NEW YORK, INC. and CBRE, INC., Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE that Defendant AT&T COMMUNICATIONS OF NEW YORK, INC. (“AT&T”), by its attorneys, Chartwell Law, as and for its Verified Answer to Plaintiff’s Amended Verified Complaint, states upon information and belief, as follows: 1. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “1” of Plaintiff’s Amended Verified Complaint. 2. Admits each and every allegation contained in paragraph “2” of Plaintiff’s Amended Verified Complaint. 3. Denies each and every allegation contained in paragraph “3” of Plaintiff’s Amended Verified Complaint, except admits that AT&T has the referenced address listed with the New York State Department of State for purposes of service. 4. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “4” of Plaintiff’s Amended Verified Complaint. 5. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “5” of Plaintiff’s Amended Verified Complaint. 1 1 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 6. Admits each and every allegation contained in paragraph “6” of Plaintiff’s Amended Verified Complaint. 7. Denies each and every allegation contained in paragraph “7” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 8. Denies each and every allegation contained in paragraph “8” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 9. Denies each and every allegation contained in paragraph “9” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 10. Denies each and every allegation contained in paragraph “10” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 11. Denies each and every allegation contained in paragraph “11” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 12. Denies each and every allegation contained in paragraph “12” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 13. Denies each and every allegation contained in paragraph “13” of Plaintiff’s Amended Verified Complaint, and respectfully refers all questions of law to the Court. 14. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “14” of Plaintiff’s Amended Verified Complaint. 15. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “15” of Plaintiff’s Amended Verified Complaint. 16. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “16” of Plaintiff’s Amended Verified Complaint. 2 2 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 17. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “17” of Plaintiff’s Amended Verified Complaint. 18. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “18” of Plaintiff’s Amended Verified Complaint. 19. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “19” of Plaintiff’s Amended Verified Complaint. 20. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “20” of Plaintiff’s Amended Verified Complaint. 21. Denies each and every allegation contained in paragraph “21” of Plaintiff’s Amended Verified Complaint, except admits that an agreement(s) exists between AT&T and CBRE for CBRE to perform certain services at the aforementioned premises, and respectfully refers the applicability, adjudication, and interpretation of the terms and conditions and limitations of the agreement(s) and all questions of law to the Court. 22. Denies each and every allegation contained in paragraph “22” of Plaintiff’s Amended Verified Complaint, except admits that an agreement(s) exists between AT&T and CBRE for CBRE to perform certain services at the aforementioned premises, and respectfully refer the applicability, adjudication, and interpretation of the terms and conditions and limitations of the agreement(s) and all questions of law to the Court. 23. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph “23” of Plaintiff’s Amended Verified Complaint. 24. Denies each and every allegation contained in paragraph “24” of Plaintiff’s Amended Verified Complaint. 25. Denies, as to AT&T, each and every allegation contained in paragraph “25” of 3 3 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 Plaintiff’s Amended Verified Complaint, and denies knowledge or information sufficient to form a belief as to all other defendants. 26. Denies each and every allegation contained in paragraph “26” of Plaintiff’s Amended Verified Complaint. 27. Denies each and every allegation contained in paragraph “27” of Plaintiff’s Amended Verified Complaint. 28. Denies each and every allegation contained in paragraph “28” of Plaintiff’s Amended Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 29. Whatever injuries and/or damages Plaintiff may have sustained at the time and place mentioned in Plaintiff’s Amended Verified Complaint and/or as a result of the occurrence alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, were caused in whole or in part by the culpable conduct of Plaintiff. AT&T invokes the offset and other statutory protections of CPLR Articles 14 and 14-A and Article 15 of the General Obligations Law, and thus the amount of damages recovered, if any, shall therefore be diminished in the proportion which the culpable conduct, attributable to Plaintiff, bears to the culpable conduct, which caused said injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 30. All risks and danger of loss or damages connected with a situation alleged in Plaintiff’s Amended Verified Complaint were at the time and place mentioned open, obvious and apparent and were known by Plaintiff, and voluntarily assumed by Plaintiff. Thus, Plaintiff may not recover any damages, or Plaintiff’s damages must be reduced accordingly. 4 4 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 31. The injuries and damages alleged were caused by the culpable conduct of some third person or persons over whom AT&T neither had nor exercised control. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 32. Any liability of AT&T is limited by the provisions of Article 16 of the Civil Practice Law and Rules. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 33. Any verdict, judgment or decision that might be obtained by Plaintiff shall be reduced by the amount of any collateral source payments received by Plaintiff pursuant to CPLR § 4545(c) as determined by the Court. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 34. Plaintiff’s Amended Verified Complaint fails to state a cause of action. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 35. The culpable conduct of those responsible for the accident or the occurrence alleged in Plaintiff’s Amended Verified Complaint constituted a separate, independent, superseding, intervening culpable acts or acts which constitute the sole proximate cause of the accident or occurrence alleged. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 36. Plaintiff failed to mitigate his damages. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 37. AT&T did not create or have notice of the alleged condition. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 38. Another party, and its agents, servants and/or employees exclusively controlled the area where the alleged incident occurred. 5 5 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 39. The damages allegedly suffered by Plaintiff were caused by an entity or individual other than AT&T, who is a necessary party and Plaintiff has failed to name the entity or individual as a party. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 40. Plaintiff’s claims are barred by the applicable Statute of Limitations. AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT CBRE, INC. 41. Upon information and belief, if and in the event Plaintiff sustained any damages as alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages were caused by the negligence, culpable conduct and/or wrongful acts of Defendant, CBRE, INC., its agents, servants and/or employees, and not through any negligence, culpable or wrongful conduct on the part of, AT&T, its agents, servants, and/or employees. 42. By reason of the foregoing, AT&T is entitled to judgment over and against Defendant CBRE, INC. for common law indemnification for all or part of any verdict or judgment that Plaintiff may recover against AT&T. AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT CBRE, INC. 43. Upon information and belief, if and in the event Plaintiff sustained any damages as alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages were caused by the negligence, culpable conduct and/or wrongful acts of Defendant, CBRE, INC., its agents, servants and/or employees, and not through any negligence, culpable or wrongful conduct on the part of AT&T its agents, servants, and/or employees. 44. By reason of the foregoing, AT&T is entitled to judgment over and against Defendant CBRE, INC., for common law contribution for all or part of any verdict or judgment that Plaintiff may recover against AT&T. 6 6 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 AS AND FOR A THIRD CROSS-CLAIM AGAINST DEFENDANT CBRE, INC. 45. Upon information and belief, if and in the event Plaintiff sustained any damages as alleged in Plaintiff’s Amended Verified Complaint, all of which is denied by AT&T, said damages were caused by the negligence, culpable conduct, intentional and/or wrongful acts of Defendant, CBRE, INC. and not through any acts of negligence, culpable or wrongful conduct on the part of AT&T. 46. Upon information and belief, prior to the time alleged in Plaintiff’s Amended Verified Complaint, Defendant CBRE, INC. agreed in written contract(s) and agreement(s) to defend, hold harmless and otherwise indemnify AT&T. 47. Upon information and belief, at or about the time alleged in Plaintiff’s Amended Verified Complaint, the contract(s) and agreement(s) were in full force and effect. 48. By reason of the foregoing, AT&T is entitled to contractual indemnification from, and to have judgment over and against Defendant CBRE, INC., for all or part of any verdict or judgment that Plaintiff may recover against AT&T. AS AND FOR A FOURTH CROSS-CLAIM AGAINST DEFENDANT CBRE, INC. 49. Upon information and belief, prior to the time alleged in Plaintiff’s Amended Verified Complaint, Defendant CBRE, INC. agreed in written contract(s) and agreement(s) to purchase and/or procure comprehensive general liability naming, among others, AT&T, as an additional insured and affording coverage to benefit AT&T and to, defend, hold harmless and otherwise indemnify AT&T. 50. Upon information and belief, at or about the time alleged in Plaintiff’s Amended Verified Complaint, the contract(s) and agreement(s) were in full force and effect. 7 7 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 51. Upon information and belief, Defendant CBRE, INC. breached the contract(s) and agreement(s). 52. If Plaintiff sustained damages in the manner alleged in Plaintiff’s Amended Verified Complaint, which is expressly denied herein, and if Plaintiff recovers judgment against AT&T, then AT&T shall be entitled to full indemnity and/or damages from Defendant CBRE, INC. as the result of said breach, and Defendant CBRE, INC. shall indemnify and otherwise fully reimburse AT&T for all costs and expenses incurred as a result of this lawsuit, including but not limited to payment of any judgment, payment of attorneys’ fees and payment of all other costs and expenses incurred by AT&T. WHEREFORE, Defendant AT&T COMMUNICATIONS OF NEW YORK, INC. hereby demands judgment dismissing Plaintiff’s Amended Verified Complaint, and further demands judgment over and against Plaintiff for all or part of any verdict and/or judgment rendered against AT&T COMMUNICATIONS OF NEW YORK, INC. and over and against Defendant CBRE, INC. on all cross-claims asserted for all or part of any verdict and/or judgment rendered against Defendant AT&T COMMUNICATIONS OF NEW YORK, INC., including all costs and fees of this action and for such other and further relief that this Court deems just and proper. Dated: New York, New York June 18, 2020 Yours, etc. CHARTWELL LAW ___________________________________ By: Jarett L. Warner, Esq. Attorneys for Defendant AT&T COMMUNICATIONS OF NEW YORK, INC. One Battery Park Plaza, 35th Floor New York, New York 10004 (212) 809-1669 8 8 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 To: Mark E. Seitelman Law Offices, P.C. Attorneys for Plaintiff 111 Broadway, 9th Floor New York, New York 1006 (212) 962-2626 mark@seitelman.com Jon D. Lichtenstein, Esq. Sheeley LLP Attorneys for Defendant CBRE, INC. 100 Wall Street, 19th Floor New York, New York 10017 lichtenstein@sheeleyllp.com 9 9 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 ATTORNEY VERIFICATION PURSUANT TO CPLR § 3020(d)(3) JARETT L. WARNER, an attorney at law, duly admitted to practice in the Courts of the State of New York, affirms under penalties of perjury that: I am a Partner with Chartwell Law, the attorneys for the Defendant, AT&T COMMUNICATIONS OF NEW YORK, INC. in the above-entitled action. I have read the foregoing Verified Answer and know the contents thereof, and upon information and belief, I believe the matters alleged therein to be true. The reason this verification is made by me and not by the Defendant, AT&T COMMUNICATIONS OF NEW YORK, INC. is because the Defendant is not located in the county in which their attorneys maintain their offices. The source of my information and the grounds of my beliefs are privileged communications and/or a review of the documents contained in the file. Dated: New York, New York June 18, 2020 _____________________________________ JARETT L. WARNER 10 of 11 FILED: NEW YORK COUNTY CLERK 06/18/2020 03:52 PM INDEX NO. 151860/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/18/2020 ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1a Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed document(s) are not frivolous as defined by Section 130- 1.1(c) and was not obtained through illegal conduct, nor was it obtained in violation of 22 NYCRR 1200.41-a. Dated: June 18, 2020 Signature: Print Signer’s Name: Jarett L. Warner 11 of 11