Preview
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
LO32785101
CM/da
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___--------------------______________________----------------------X
YVETTE McCLAMB, Index No. 154374/2018
Plaintiff,
-against-
REPLY TO CROSS-CLAIMS
HOUSING PARTNERSHIP DEVELOPLMENT
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.
KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM and WALLACK MANAGEMENT CO., INC., replying to the Cross-Claims of
RNC INDUSTRIES, LLC, by the Law Office of MARGARET G. KLEIN & ASSOCIATES, as
attorney:
1. Deny each and every allegation contained in paragraphs of the Cross-Claims
numbered "THIRTY-SEVENTH", "THIRTY-EIGHTH", "THIRTY-NINTH", "FORTIETH",
"FORTY-
"FORTY-FIRST", "FORTY-SECOND", "FORTY-THIRD", "FORTY-FOURTH",
FIFTH", "FORTY-SIXTH", FORTY-SEVENTH", "FORTY-EIGHTH", "FORTY-NINTH",
"FIFTIETH", and "FIFTY-FIRST".
1 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
WHEREFORE, judgment is demanded dismissing the Cross-Claims herein or, alternatively,
ifthe Cross-Claims shall not be dismissed, that the amount of damages otherwise recoverable against
the parties against whom these Cross-Claims are being asserted shall be diminished in the proportion
which the culpable conduct attributable to the parties asserting the Cross-Claims bear to the culpable
conduct, if any, of said parties against whom this/these Cross-Claims are being asserted.
Dated: New York, New York
October 4, 2018
Yours, etc.
LAW OFFICE OF
MARGARET G. KLEIN & ASSOCIATES
By:
CAROL MORELL
E-Signature Pursuant to STL § 304(2)
Attorney for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
Office & P. O. Address
2nd
200 Madison Avenue, FlOOr
New York, New York 10016
(646) 392-9250
2 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
TO: RHEINGOLD GIUFFRA RUFFO &
PLOTKIN, LLP
Attorneys for Plaintiff
551 Fifth Avenue, 29th Fl.
New York, NY 10176
(212) 684-1880
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant:
HOUSING PARTNERSHIP
DEVELOPLMENT CORPORATION
50 Route 111, Suite 314
Smithtown, NY 11787
(631) 724-8833
PERRY, VAN ETTEN, ROZANSKI &
PRIMAVERA LLP
Attorneys for Defendant:
RNC INDUSTRIES, LLC
60 Broad Street, Suite 3600A
New York, NY 10004
(212) 406-9710
STRADLEY RONON STEVENS &
YOUNG, LLP
Attorneys for Defendant:
WEST NEW YORK RESTORATION OF
CT, INC.
100 Park Avenue, Suite 2000
New York, NY 10017
(212) 812-4124
3 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
FileNo.: L032785101
VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
MARGARET BRIGGS-LOFTON, being duly sworn, deposes and says thatshe
is the President, Board of Managers of KALAHARI CONDOMINIUM, the entity named in the
within entitled action; she has read the foregoing Reply to Cross-Claims and knows the contents
thereof, and that the same is true to his/her own knowledge, except as to the matters therein
stated to be alleged upon infonnation and belief, and as tothose matters she bclicies them to be
true.
MAR BRI FT N
Sworn to before me this
day of$e 2018.
NOT PU IC
Maria Isabela KobilaskiDoCouto
Notary Public- Stateof New York
No, 01KO6371918
Qualifiedin Dutchess County
My Commission Expiree 03/12/2022
4 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
LO32785101
CM/da
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YVETTE McCLAMB ,
Index No.: 154374/2018
Plaintiff,
- against NOTICE OF
CERTIFICATION
HOUSING PARTNERSHIP DEVELOPLMENT
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
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a(a), to the
best of the undersigned's knowledge, information and belief, the following papers:
• to Cross-Claims
Reply
and/or contentions contained therein, are in accordance with the Rules pertaining to thiscertification.
Dated: New York, New York
October 4, 2018
Yours, etc.
LAW OFFICE OF
MARGARET G. KLEIN & ASSOCIATES
By:
CAROL MORELL
E-Signature Pursuant to STL § 304(2)
Attorney for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
Office & P. O. Address
2nd
200 Madison Avenue, FlOOr
New York, New York 10016
5 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
TO:
RHEINGOLD GIUFFRA RUFFO &
PLOTKIN, LLP
Attorneys for Plaintiff
551 Fifth Avenue, 29th Fl.
New York, NY 10176
(212) 684-1880
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant:
HOUSING PARTNERSHIP
DEVELOPLMENT CORPORATION
50 Route 111, Suite 314
Smithtown, NY 11787
PERRY, VAN ETTEN, ROZANSKI &
PRIMAVERA LLP
Attorneys for Defendant:
RNC INDUSTRIES, LLC
60 Broad Street, Suite 3600A
New York, NY 10004
(212) 406-9710
24-8833
STRADLEY RONON STEVENS &
YOUNG, LLP
Attorneys for Defendant:
WEST NEW YORK RESTORATION OF
CT, INC.
100 Park Avenue, Suite 2000
New York, NY 10017
(212) 812-4124
6 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
DEBORAH A. ALICEA, being sworn, says: I am not a party to the action, am over 18 years of age
10*
and reside in the State of New York, County of KINGS. On the day of October, 2018, I served the
attached Reply to Cross-Claims upon:
RHEINGOLD GIUFFRA RUFFO & PLOTKIN, PERRY, VAN ETTEN, ROZANSKI &
LLP PRIMAVERA LLP
Attorneys for Plaintiff Attorneys for Defendant:
551 Fifth Avenue, 29th Fl. RNC ]NDUSTRIES, LLC
New York, NY 10176 60 Broad Street, Suite 3600A
(212) 684-1880 New York, NY 10004
(212) 406-9710
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant: STRADLEY RONON STEVENS & YOUNG, LLP
HOUSING PARTNERSHIP DEVELOPLMENT Attorneys for Defendant:
CORPORATION WEST NEW YORK RESTORATION OF CT,
50 Route 111, Suite 314 INC.
Smithtown, NY 11787 100 Park Avenue, Suite 2000
(631) 724-8833 New York, NY 10017
(212) 812-4124
VIA E-FILING:
Pursuant to Uniform Rule 202.5-b(f)(2)(ii) by e-filing the same to counsel for the parties herein as detailed
above who have consented and are fully participating in the NYSCEF program.
DEBORAH A. ALICEA
Sworn to before me this
106
day of October, 2018.
NOTARY PUBLIC
CRISEIDA M. JIMENEZ
Notary Public, State of New York
No. 01J14996275
Qualified in Bronx County
Commission Expires May 11, 20
7 of 8
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018
Index No.: 154374/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
YVETTE McCLAMB,
Plaintiff
-against-
HOUSING PARTNERSHIP DEVELOPLMENT 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.
REPLY TO CROSS-CLAIMS
Law Offices of
MARGARET G. KLEIN & ASSOCIATES
Attorney for Defendants
KALAHARI CONDOMIN1UM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM,
AND WALLACK MANAGEMENT CO., INC.
Office and Post Office Address
2ªd
200 Madison Avenue, Floor
New York, New York 10016
Telephone (646) 392-9250
Fax (212) 779-1499
8 of 8
Preview
FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 LO32785101 CM/da SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___--------------------______________________----------------------X YVETTE McCLAMB, Index No. 154374/2018 Plaintiff, -against- REPLY TO CROSS-CLAIMS HOUSING PARTNERSHIP DEVELOPLMENT 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. KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC., replying to the Cross-Claims of RNC INDUSTRIES, LLC, by the Law Office of MARGARET G. KLEIN & ASSOCIATES, as attorney: 1. Deny each and every allegation contained in paragraphs of the Cross-Claims numbered "THIRTY-SEVENTH", "THIRTY-EIGHTH", "THIRTY-NINTH", "FORTIETH", "FORTY- "FORTY-FIRST", "FORTY-SECOND", "FORTY-THIRD", "FORTY-FOURTH", FIFTH", "FORTY-SIXTH", FORTY-SEVENTH", "FORTY-EIGHTH", "FORTY-NINTH", "FIFTIETH", and "FIFTY-FIRST". 1 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 WHEREFORE, judgment is demanded dismissing the Cross-Claims herein or, alternatively, ifthe Cross-Claims shall not be dismissed, that the amount of damages otherwise recoverable against the parties against whom these Cross-Claims are being asserted shall be diminished in the proportion which the culpable conduct attributable to the parties asserting the Cross-Claims bear to the culpable conduct, if any, of said parties against whom this/these Cross-Claims are being asserted. Dated: New York, New York October 4, 2018 Yours, etc. LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES By: CAROL MORELL E-Signature Pursuant to STL § 304(2) Attorney for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. Office & P. O. Address 2nd 200 Madison Avenue, FlOOr New York, New York 10016 (646) 392-9250 2 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP Attorneys for Plaintiff 551 Fifth Avenue, 29th Fl. New York, NY 10176 (212) 684-1880 DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant: HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION 50 Route 111, Suite 314 Smithtown, NY 11787 (631) 724-8833 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA LLP Attorneys for Defendant: RNC INDUSTRIES, LLC 60 Broad Street, Suite 3600A New York, NY 10004 (212) 406-9710 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant: WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, NY 10017 (212) 812-4124 3 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 FileNo.: L032785101 VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) MARGARET BRIGGS-LOFTON, being duly sworn, deposes and says thatshe is the President, Board of Managers of KALAHARI CONDOMINIUM, the entity named in the within entitled action; she has read the foregoing Reply to Cross-Claims and knows the contents thereof, and that the same is true to his/her own knowledge, except as to the matters therein stated to be alleged upon infonnation and belief, and as tothose matters she bclicies them to be true. MAR BRI FT N Sworn to before me this day of$e 2018. NOT PU IC Maria Isabela KobilaskiDoCouto Notary Public- Stateof New York No, 01KO6371918 Qualifiedin Dutchess County My Commission Expiree 03/12/2022 4 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 LO32785101 CM/da SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YVETTE McCLAMB , Index No.: 154374/2018 Plaintiff, - against NOTICE OF CERTIFICATION HOUSING PARTNERSHIP DEVELOPLMENT 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 PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a(a), to the best of the undersigned's knowledge, information and belief, the following papers: • to Cross-Claims Reply and/or contentions contained therein, are in accordance with the Rules pertaining to thiscertification. Dated: New York, New York October 4, 2018 Yours, etc. LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES By: CAROL MORELL E-Signature Pursuant to STL § 304(2) Attorney for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. Office & P. O. Address 2nd 200 Madison Avenue, FlOOr New York, New York 10016 5 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN, LLP Attorneys for Plaintiff 551 Fifth Avenue, 29th Fl. New York, NY 10176 (212) 684-1880 DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant: HOUSING PARTNERSHIP DEVELOPLMENT CORPORATION 50 Route 111, Suite 314 Smithtown, NY 11787 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA LLP Attorneys for Defendant: RNC INDUSTRIES, LLC 60 Broad Street, Suite 3600A New York, NY 10004 (212) 406-9710 24-8833 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant: WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, NY 10017 (212) 812-4124 6 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) DEBORAH A. ALICEA, being sworn, says: I am not a party to the action, am over 18 years of age 10* and reside in the State of New York, County of KINGS. On the day of October, 2018, I served the attached Reply to Cross-Claims upon: RHEINGOLD GIUFFRA RUFFO & PLOTKIN, PERRY, VAN ETTEN, ROZANSKI & LLP PRIMAVERA LLP Attorneys for Plaintiff Attorneys for Defendant: 551 Fifth Avenue, 29th Fl. RNC ]NDUSTRIES, LLC New York, NY 10176 60 Broad Street, Suite 3600A (212) 684-1880 New York, NY 10004 (212) 406-9710 DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant: STRADLEY RONON STEVENS & YOUNG, LLP HOUSING PARTNERSHIP DEVELOPLMENT Attorneys for Defendant: CORPORATION WEST NEW YORK RESTORATION OF CT, 50 Route 111, Suite 314 INC. Smithtown, NY 11787 100 Park Avenue, Suite 2000 (631) 724-8833 New York, NY 10017 (212) 812-4124 VIA E-FILING: Pursuant to Uniform Rule 202.5-b(f)(2)(ii) by e-filing the same to counsel for the parties herein as detailed above who have consented and are fully participating in the NYSCEF program. DEBORAH A. ALICEA Sworn to before me this 106 day of October, 2018. NOTARY PUBLIC CRISEIDA M. JIMENEZ Notary Public, State of New York No. 01J14996275 Qualified in Bronx County Commission Expires May 11, 20 7 of 8 FILED: NEW YORK COUNTY CLERK 10/10/2018 12:20 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/10/2018 Index No.: 154374/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK YVETTE McCLAMB, Plaintiff -against- HOUSING PARTNERSHIP DEVELOPLMENT 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. REPLY TO CROSS-CLAIMS Law Offices of MARGARET G. KLEIN & ASSOCIATES Attorney for Defendants KALAHARI CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Office and Post Office Address 2ªd 200 Madison Avenue, Floor New York, New York 10016 Telephone (646) 392-9250 Fax (212) 779-1499 8 of 8