Preview
FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
YVETTE McCLAMB,
Index No. 154374/2018
Plaintiff,
VERIFIED REPLY
- against - TO CROSS-CLAIMS
OF DEFENDANT,
HOUSING PARTNERSHIP DEVELOPMENT RNC INDUSTRIES, LLC
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW
YORK RESTORATION OF CT, INC.,
Defendants.
_______________________________________________..-----X
Defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by its attorneys,
DEVITT SPELLMAN BARRETT, LLP, as and for itsVerified Reply to the Cross-Claims ofdefendant,
RNC INDUSTRIES, LLC, upon information and belief, states as follows:
ANSWERING THE FIRST CROSS-CLAIM
OF DEFENDANT RNC INDUSTRIES, LLC
1. Denies each and every allegation contained in paragraphs numbered and designated as
"THIRTY-SEVENTH" "THIRTY-EIGHTH"
and of the Cross-Claim.
ANSWERING THE SECOND CROSS-CLAIM
OF_DEFENDANT RNC INDUSTRIES, LLC
"THIRTY-NINTH"
2. Answering paragraph of the Cross-Claim, defendant, HOUSING
PARTNERSHIP DEVELOPMENT CORPORATION repeats, reiterates and realleges each and every
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denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set
forth herein.
3. Denies each and every allegation contained in paragraphs numbered and desi gnated as
"FORTIETH" "FORTY-FIRST"
and of the Cross-Claim.
ANSWERING THE THIRD CROSS-CLAIM
QF DEFENDANT RNC INDUSTRIES. LLC
"FORTY-SECOND"
4. Answering paragraph of the Cross-Claim, defendant, HOUSING
PARTNERSHIP DEVELOPMENT CORPORATION repeats, reiterates and realleges each and every
denial heretofore made to paragraphs set forth therein with the same force and effect as ifmore fully set
forth herein.
5. Denies each and every allegation contained in paragraphs numbered and designated as
"FORTY-THIRD," "FORTY-FOURTH," "FORTY-FIFTH" "FORTY-SIXTH"
and of the Cross-Claim,
ANSWERING THE FOURTH CROSS-CLAIM
OF DEFENDANT RNC INDUSTRIES. LL C
"FORTY-SEVENTH"
6. Answering paragraph of the Cross-Claim, defendant, HOUSING
PARTNERSHIP DEVELOP MENT CORPORATION repeats, reiterates and realleges each and every
denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set
forth herein.
7. Denies each and every allegation contained in paragraphs numbered and designated as
"FORTY-EIGHTH," "FORTY-NINTH," "FIFTIETH" "FIFTY-FIRST"
and of the Cross-Claim.
WHEREFORE, defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION,
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demands judgment dismissing the cross-claims herein, together with the costs and
action.
Dated: Smithtown, New York
August 14, 2018.
Yours, etc.,
DEVITT SPELLMAN BARRETT,
Attorneys for Defendant, HOUSING
PARTNERSHIP DEVELOPMENT
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
Our File No. HC8645W9C [KEW/ch]
By: ()
LLY E. GHT
TO: LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants, KALAHARI CONDOMINIUM,
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM and WALLACK MANAGEMENT CO.
2nd
200 Madison Avenue, FlOOr
New York, New York 10016
(646) 392-9250
RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP
Attorneys for Plaintiff
2902
551 Fifth Avenue, Floor
New York, New York 10176
(212) 684-1880
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
Attorneys for
3 of RNC
5 LLC
Defendant, INDUSTRIES,
FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant, WEST NEW
YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4132
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
The undersigned, an attorney admitted to practice in the Courts ofthe State ofNew York, states,
that affirmant is a member of the firm of DEVITT SPELLMAN BARRETT, LLP, the attorneys for
defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, that affmnant has read the
foregoing Reply to Defendant's Cross-Claims and knows the contents thereof, and that the same istrue
to the affirmant's knowledge, except as to the matters therein stated to be alleged upon information and
belief, and that as to those matters affirmant believes to be true.
That the reason this Verification is made by affirmant and not by the defendant is because the
defendant's residence is located outside the County wherein affirmant's office is located and that the
source of affirmant's knowledge and the grounds of belief as to those matters therein stated to be
alleged on information and belief are correspondence and investigations which have been made
coñcerning the subject matter in this action, and which are in the possession of the said attorneys.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: Smithtown, New York
August 14, 2018
ELL . RIGHT
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Preview
FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X YVETTE McCLAMB, Index No. 154374/2018 Plaintiff, VERIFIED REPLY - against - TO CROSS-CLAIMS OF DEFENDANT, HOUSING PARTNERSHIP DEVELOPMENT RNC INDUSTRIES, LLC CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. _______________________________________________..-----X Defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by its attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for itsVerified Reply to the Cross-Claims ofdefendant, RNC INDUSTRIES, LLC, upon information and belief, states as follows: ANSWERING THE FIRST CROSS-CLAIM OF DEFENDANT RNC INDUSTRIES, LLC 1. Denies each and every allegation contained in paragraphs numbered and designated as "THIRTY-SEVENTH" "THIRTY-EIGHTH" and of the Cross-Claim. ANSWERING THE SECOND CROSS-CLAIM OF_DEFENDANT RNC INDUSTRIES, LLC "THIRTY-NINTH" 2. Answering paragraph of the Cross-Claim, defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION repeats, reiterates and realleges each and every 1 of 5 FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018 denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. 3. Denies each and every allegation contained in paragraphs numbered and desi gnated as "FORTIETH" "FORTY-FIRST" and of the Cross-Claim. ANSWERING THE THIRD CROSS-CLAIM QF DEFENDANT RNC INDUSTRIES. LLC "FORTY-SECOND" 4. Answering paragraph of the Cross-Claim, defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION repeats, reiterates and realleges each and every denial heretofore made to paragraphs set forth therein with the same force and effect as ifmore fully set forth herein. 5. Denies each and every allegation contained in paragraphs numbered and designated as "FORTY-THIRD," "FORTY-FOURTH," "FORTY-FIFTH" "FORTY-SIXTH" and of the Cross-Claim, ANSWERING THE FOURTH CROSS-CLAIM OF DEFENDANT RNC INDUSTRIES. LL C "FORTY-SEVENTH" 6. Answering paragraph of the Cross-Claim, defendant, HOUSING PARTNERSHIP DEVELOP MENT CORPORATION repeats, reiterates and realleges each and every denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. 7. Denies each and every allegation contained in paragraphs numbered and designated as "FORTY-EIGHTH," "FORTY-NINTH," "FIFTIETH" "FIFTY-FIRST" and of the Cross-Claim. WHEREFORE, defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, 2 2 of 5 FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018 demands judgment dismissing the cross-claims herein, together with the costs and action. Dated: Smithtown, New York August 14, 2018. Yours, etc., DEVITT SPELLMAN BARRETT, Attorneys for Defendant, HOUSING PARTNERSHIP DEVELOPMENT 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 Our File No. HC8645W9C [KEW/ch] By: () LLY E. GHT TO: LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants, KALAHARI CONDOMINIUM, BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO. 2nd 200 Madison Avenue, FlOOr New York, New York 10016 (646) 392-9250 RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP Attorneys for Plaintiff 2902 551 Fifth Avenue, Floor New York, New York 10176 (212) 684-1880 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for 3 of RNC 5 LLC Defendant, INDUSTRIES, FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant, WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4132 4 of 5 FILED: NEW YORK COUNTY CLERK 08/17/2018 02:43 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/17/2018 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) The undersigned, an attorney admitted to practice in the Courts ofthe State ofNew York, states, that affirmant is a member of the firm of DEVITT SPELLMAN BARRETT, LLP, the attorneys for defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, that affmnant has read the foregoing Reply to Defendant's Cross-Claims and knows the contents thereof, and that the same istrue to the affirmant's knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters affirmant believes to be true. That the reason this Verification is made by affirmant and not by the defendant is because the defendant's residence is located outside the County wherein affirmant's office is located and that the source of affirmant's knowledge and the grounds of belief as to those matters therein stated to be alleged on information and belief are correspondence and investigations which have been made coñcerning the subject matter in this action, and which are in the possession of the said attorneys. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Smithtown, New York August 14, 2018 ELL . RIGHT 5 5 of 5