Preview
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------..-.-.----..--------------------------------------------X
YVETTE MCCLAMB, ANSWER TO CROSS CLAIMS
PlaintilT,
-against-
HOUSING PARTNERSHIP DEVELOPMENT Index No. 154374/18
CORPORATION, KALAHARI CONDOMIN1UM,
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, RNC INDUSTRIES, LLC, by its attorneys PERRY, VAN ETTEN,
ROZANSKI & PRIMAVERA, LLP, answering the Crosselaims asserted by defendant
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, in itsanswer dated August
2, 2018, sets forth the following upon information and belief:
ANSWERING THE FIRST CROSSCLAIM
1. Defendant RNC INDUSTRIES, LLC denies as to this answering defendant each and
"FOURTEENTH"
every allegation set forth in the mültiple paragraphs designated of defendant
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated
August 2, 2018.
ANSWERING THE SECOND CROSS CLAIM
2. Defcñdâñt RNC INDUSTRIES, LLC denies as to this answering defendant each and
"FIFTEENTH"
every allegation set forth in the multiple paragraphs designated of defendant
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated
August 2, 2018.
1 of 6
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
ANSWERING THE THIRD CROSS CLAIM
3. Defendant RNC INDUSTRIES, LLC denies as to this answering defendant each and
"SIXTEENTH"
every allegation set forth in the multiple paragraphs designated of defendent
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated
August 2, 2018.
WHEREFORE, the defendant, RNC INDUSTRIES, LLC., demands judgment
dismissing the Cross-Claims of the defendant3 HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, together with the costs and disbursemcats of the action, and the expenses
incurred in the defense thereof.
Yours etc.,
PERRY, VAN ETTEN, ROZANSKI &
PRIMAVERA, LLP
Attorneys for Defendant,
RNC INDUSTRIES, LLC
60 Broad Street, Suite 3600A
New York, NY 10004
Tel. No.: (212) 406-9710
Our File No.: 626019K
BY:
KENNETH J.KU ER
TO: RHEINGOLD GIUFFRA RUFFO
& PLOTKIN LLP
Attorneys for Plaintiff
29th
551 Fifth Avenue,
New York, NY 10176
Tel. No.: (212) 684-1880
2 of 6
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAl lARI CONDOMIN1UM, THE BOARD
OF MANAGERS OF KALAHARI CONDOMINIUM
AND WALLACK MANAGEMENT CO., INC.
2"'
200 Madison Avenue, Floor
New York, NY 10016
Tel. No.: (646)392-9250
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION
50 Route 1 11, Suite 314
Smithtown, NY 11787
File No.: HC8645W9
Tel. No.:(631) 724-8833
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York. NY 10017
Tel. No.: (212) 812-4124
3 of 6
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
: ss.
COUNTY OF NEW YORK)
TARA HUSSAIN, being duly sworn deposes and says:
Deponent is not a party to the action, is over Eighteen (18) years of age and resides in
Staten Island, New York.
On August 24, 2018, deponent served the within ANSWER TO CROSS CLAIMS
upon the attorneys listed below through the E-File System of the Supreme Court of the State of
New York via the permissive use of the user name and password of KENNETH J. KUTNER,
ESQ. and by depositing a true copy of same enclosed in a post-paid addressed wrapper in an
official depository under the exclusive care and custody of the United States Postal Service
within the State of New York.
TO: RHEINGOLD GIUFFRA RUFFO
& PLOTKIN LLP
Attorneys for Plaintiff
29"'
551 Fifth Avenue, Floor
New York, NY 10176
Tel. No.: (212) 684-1880
MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD
OF MANAGERS OF KALAHARI CONDOMINIUM
AND WALLACK MANAGEMENT CO., INC.
2"d
200 Madison Avenue, Floor
New York, NY 10016
Tel. No.: (646) 392-9250
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION
50 Route 111, Suite 314
Smithtown, NY 11787
File No.: HC8645W9
Tel. No.:(631) 724-8833
4 of 6
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, NY 10017
Tel. No.: (212) 812-4124
TARA HUSSAIN
Sworn efore me this
y of August, 2018
NOTARY BLIC
AMARA S. I\g [.KNI R
NOTARY 19 II. , N F 5I|()l \l \V YORK
Re!•o Imn No. q r, t 547
()tt I etl
ingNew k ( oun
Commissuin I.xpires 18,2
May
5 of 6
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018
m a,-.......
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018
No.
154374/t8
SUPREME COURT OF TME STATE OF NEW YORK: C(MJNTY OF NEW YORK
PlaintifE
-against-
IIIOUSINS PARTNERSIHP BEVELOPMENT CORPORATION, KALAHEAR1
CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM,
WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC AND WEST NEW YORK
RESTORATION OF CT, INC.,
Defendants.
ANSWER TO CROSS-CLAIMS
PERRY, VAN ETTEN, ROZANSKI &
Attorneys for MSTRES, LLC
60lBROAD STREET, SUl¹FE 3601)-A
rfEW YORK, NY 10004
t212) 406-9710
§2108 (b) (5)Notice: Service of Papers by Electronic Means isNot Accepted
Pursuant to22 NYCRR 130-1.1-a, the undersigned, an attorney edmitted topractice inthe courts of New York State,
certifiesthat, upon information and belief and remnable inquiry, (1) the contentions contained in the annexed
document are not frivolous and that (2) ifthe annexed docu.-st is an initiatingpleading, (i)the matter was not
obtained thmugh illegalconduct, or that if itwas, the attorney or other persons responsible forthe illegal conduct are
not partic atir,g in the tier or sharing inany fee earned therefrom and that (ii)ifthe matter involves potential
claims fo kMñÚAj w-ongth: death, the matter was not obtained in violation of22 NYCRR 1200.41-a.
KENNETH J. K.UTNER
Dated:..................... Signature.............
............................
............. ...
..... ............................................
PrintSigner'sName....................
1..................................
.... ---..............
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
NOTICEOF entered in the office ofthe clerk of the within-named Court on 20
ENTRY
that an Order of which the within is a true copy will be presented for settlement to the
,'
NOT(CEOF Hon.
, one of thejudges of the within-named Court,
SETTLEMENT at
on 20 , at M.
Dated:
PERRY, VAN ETTEN, ROZANSKI &
PRIMAVERA, LLP
Attorneys for
60 BROAD STREET, SUITE3600-A
NEWYORK, NY 10004
6 of 6 . .
Preview
FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------..-.-.----..--------------------------------------------X YVETTE MCCLAMB, ANSWER TO CROSS CLAIMS PlaintilT, -against- HOUSING PARTNERSHIP DEVELOPMENT Index No. 154374/18 CORPORATION, KALAHARI CONDOMIN1UM, 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, RNC INDUSTRIES, LLC, by its attorneys PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP, answering the Crosselaims asserted by defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, in itsanswer dated August 2, 2018, sets forth the following upon information and belief: ANSWERING THE FIRST CROSSCLAIM 1. Defendant RNC INDUSTRIES, LLC denies as to this answering defendant each and "FOURTEENTH" every allegation set forth in the mültiple paragraphs designated of defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated August 2, 2018. ANSWERING THE SECOND CROSS CLAIM 2. Defcñdâñt RNC INDUSTRIES, LLC denies as to this answering defendant each and "FIFTEENTH" every allegation set forth in the multiple paragraphs designated of defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated August 2, 2018. 1 of 6 FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 ANSWERING THE THIRD CROSS CLAIM 3. Defendant RNC INDUSTRIES, LLC denies as to this answering defendant each and "SIXTEENTH" every allegation set forth in the multiple paragraphs designated of defendent HOUSING PARTNERSHIP DEVELOPMENT CORPORATION's Verified Answer dated August 2, 2018. WHEREFORE, the defendant, RNC INDUSTRIES, LLC., demands judgment dismissing the Cross-Claims of the defendant3 HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, together with the costs and disbursemcats of the action, and the expenses incurred in the defense thereof. Yours etc., PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for Defendant, RNC INDUSTRIES, LLC 60 Broad Street, Suite 3600A New York, NY 10004 Tel. No.: (212) 406-9710 Our File No.: 626019K BY: KENNETH J.KU ER TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 29th 551 Fifth Avenue, New York, NY 10176 Tel. No.: (212) 684-1880 2 of 6 FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAl lARI CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM AND WALLACK MANAGEMENT CO., INC. 2"' 200 Madison Avenue, Floor New York, NY 10016 Tel. No.: (646)392-9250 DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 1 11, Suite 314 Smithtown, NY 11787 File No.: HC8645W9 Tel. No.:(631) 724-8833 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York. NY 10017 Tel. No.: (212) 812-4124 3 of 6 FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) : ss. COUNTY OF NEW YORK) TARA HUSSAIN, being duly sworn deposes and says: Deponent is not a party to the action, is over Eighteen (18) years of age and resides in Staten Island, New York. On August 24, 2018, deponent served the within ANSWER TO CROSS CLAIMS upon the attorneys listed below through the E-File System of the Supreme Court of the State of New York via the permissive use of the user name and password of KENNETH J. KUTNER, ESQ. and by depositing a true copy of same enclosed in a post-paid addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 29"' 551 Fifth Avenue, Floor New York, NY 10176 Tel. No.: (212) 684-1880 MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM AND WALLACK MANAGEMENT CO., INC. 2"d 200 Madison Avenue, Floor New York, NY 10016 Tel. No.: (646) 392-9250 DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 111, Suite 314 Smithtown, NY 11787 File No.: HC8645W9 Tel. No.:(631) 724-8833 4 of 6 FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, NY 10017 Tel. No.: (212) 812-4124 TARA HUSSAIN Sworn efore me this y of August, 2018 NOTARY BLIC AMARA S. I\g [.KNI R NOTARY 19 II. , N F 5I|()l \l \V YORK Re!•o Imn No. q r, t 547 ()tt I etl ingNew k ( oun Commissuin I.xpires 18,2 May 5 of 6 FILED: NEW YORK COUNTY CLERK 08/24/2018 12:09 PM INDEX NO. 154374/2018 m a,-....... NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/24/2018 No. 154374/t8 SUPREME COURT OF TME STATE OF NEW YORK: C(MJNTY OF NEW YORK PlaintifE -against- IIIOUSINS PARTNERSIHP BEVELOPMENT CORPORATION, KALAHEAR1 CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC AND WEST NEW YORK RESTORATION OF CT, INC., Defendants. ANSWER TO CROSS-CLAIMS PERRY, VAN ETTEN, ROZANSKI & Attorneys for MSTRES, LLC 60lBROAD STREET, SUl¹FE 3601)-A rfEW YORK, NY 10004 t212) 406-9710 §2108 (b) (5)Notice: Service of Papers by Electronic Means isNot Accepted Pursuant to22 NYCRR 130-1.1-a, the undersigned, an attorney edmitted topractice inthe courts of New York State, certifiesthat, upon information and belief and remnable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) ifthe annexed docu.-st is an initiatingpleading, (i)the matter was not obtained thmugh illegalconduct, or that if itwas, the attorney or other persons responsible forthe illegal conduct are not partic atir,g in the tier or sharing inany fee earned therefrom and that (ii)ifthe matter involves potential claims fo kMñÚAj w-ongth: death, the matter was not obtained in violation of22 NYCRR 1200.41-a. KENNETH J. K.UTNER Dated:..................... Signature............. ............................ ............. ... ..... ............................................ PrintSigner'sName.................... 1.................................. .... ---.............. Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a NOTICEOF entered in the office ofthe clerk of the within-named Court on 20 ENTRY that an Order of which the within is a true copy will be presented for settlement to the ,' NOT(CEOF Hon. , one of thejudges of the within-named Court, SETTLEMENT at on 20 , at M. Dated: PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for 60 BROAD STREET, SUITE3600-A NEWYORK, NY 10004 6 of 6 . .