Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 8
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YVETTE MCCLAMB, Index No. 154374/2018
(ECF)
Plaintiff,
v.
HOUSING PARTNERSHIP DEVELOPMENT VERIFIED REPLY TO
CORPORATION, KALAHARI CONDOMINIUM, CROSS-CLAIMS OF
THE BOARD OF MANAGERS OF KALAHARI DEFENDANT RNC
CONDOMINIUM, WALLACK MANAGEMENT INDUSTRIES, LLC
CO., INC., RNC INDUSTRIES, LLC and WEST
NEW YORK RESTORATION OF CT, INC., Assigned Judge: Lynn R. Kotler
Defendants.
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Defendant West New York Restoration of CT, Inc. ("West New York"), by and through
its undersigned counsel, as and for its Verified Reply to the Cross-Claims of Defendant RNC
Industries, LLC states as follows:
ANSWERING THE FIRST CROSS-CLAIM
OF DEFENDANT RNC INDUSTRIES, LLC
1. Defendant West New York denies each and every allegation contained in
"THIRTY-SEVEN" "THIRTY-EIGHT"
paragraphs numbered and designated as 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 West
New York repeats, reiterates, and re-alleges each and every denial heretofore made to the
paragraphs set forth therein with the same force and effect as if more fully set forth herein.
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3. Defendant West New York denies each and every allegation contained in
"FORTIETH" "FORTY-FIRST" Cross-
paragraphs numbered and designated as and of the
Claim.
ANSWERING THE THIRD CROSS-CLAIM
OF DEFENDANT RNC INDUSTRIES, LLC
"FORTY-TWO"
4. Answering paragraph of the Cross-Claim, Defendant West New
York repeats, reiterates, and re-alleges each and every denial heretofore made to the paragraphs
set forth therein withthesameforceand effect as if more fully set forth herein.
5. Defendant West New York denies each and every allegation contained in
"FORTY-SECOND," "FORTY-THIRD," "FORTY-
paragraphs numbered and designated as
FOUR," "FORTY-FIVE," "FORTY-SIXTH"
and of theCross-Claim.
ANSWERING THE FOURTH CROSS-CLAIM
OF DEFENDANT RNC INDUSTRIES, LLC
"FORTY-SEVEN"
6. Answering paragraph of the Cross-Claim, Defendant West
New York repeats, reiterates, and re-alleges each and every denial heretofore made to the
paragraphs set forth therein with the same force and effect as if more fully set forthherein.
7. Defendant West New York denies each and every allegation contained in
"FORTY-EIGHTH," "FORTY-NINTH," "FIFTIETH"
paragraphs numbered and designated as
"FIFTY-FIRST"
and of theCross-Claim.
WHEREFORE, defendant West New York Restoration of CT, Inc. demands judgment
(i) dismissing the cross-claims of RNCIndustries, LLC or alternatively, ifthecross-claimsshall
not be dismissed, that the amount of damages otherwise recoverable against the parties whom
this/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
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conduct, if any, of said party against whom these cross-claims are being asserted, (ii) awarding
attorneys'
fees, costs and disbursements of this action, and (iii) granting such other and further
relief in favor of defendant West New York Restoration of CT, Inc. as the Court may deem just
and proper.
ATTORNEY'S CERTIFICATION
The undersigned, an attorney admitted to practice in the courts of the State of New York,
hereby certifies that, to the best of the undersigned's knowledge, information, and belief, formed
after a reasonable inquiry under the circumstances, the presentation of the within Verified Reply
to Cross-Claims of Defendant RNC Industries, LLC or the contentions raised herein are not
frivolous as defmed in 22 NYCRR § 130-1.1(c).
Dated: New York, New York
January 2, 2019 Yours, etc.
Scott H. Bernstein, Esq.
STRADLEY RONON STEVENS & YOUNG, LLP
ATTORNEYS FOR CROSS-CLAIMANT DEFENDANT
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
Telephone: (212) 812-4132
Facsimile: (646) 682-7180
sbernstein@stradley.com
TO:
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB
Jeremy A. Hellman, Esq.
29*
551 Fifth Avenue, Floor
New York, New York 10176
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
RNC INDUSTRIES, LLC
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Kenneth J. Kutner, Esq.
60 Broad Street, Suite 3600A
New York, New York 10004
MARGARET G. KLEIN & ASSOCIATES
ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS
KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
2nd
200 Madison Avenue, FlOOr
New York, New York 10016
DEVITT SPELLMAN BARRETT, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION
Kelly E. Wright, Esq.
50 Route 11, Suite 314
Smithtown, New York 11787
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
). SS:
COUNTY OF NEW YORK )
SCOTT H. BERNSTEIN, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am an attorney of the law firm of Stradley Ronon Stevens & Young, LLP, attorneys of
record for Cross-Claimant-Defendant West New York Restoration of CT, Inc., and I have read
the foregoing Verified Reply to Cross-Claims of Defendant RNC Industries, LLC and know the
contents thereof; that the same are true to my own knowledge, except as to those matters therein
stated to be alleged upon information and belief, and that as to those matters I believe them to be
true. My belief as to those matters therein not stated upon knowledge is based upon facts,
records, and other pertinent information contained in my files. The reason that this verification
is made by me and not Cross-Claimant-Defendant West New York Restoration of CT, Inc. is that
Cross-Claimant Defendant West New York Restoration of CT, Inc. does not maintain itsoffices
in the county wherein its attorneys maintains their offices.
~~-
Dated: New York, New York
January 2, 2019
Scott H. Bernstein
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 8
Index No. 154374/2018
YVETTE MCCLAMB,
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THEBOARDOF MANAGERSOFKALAHARI
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST NEW
YORK RESTORATION OF CT, INC.,
Defendants.
VERIFIED REPLY TO CROSS-CLAIMS OF DEFENDANT
RNC INDUSTRIES, LLC
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124 (telephone)
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained
in the annexed document are not frivolous.
Dated: January 2, 2019 Signature:
Scott H. Bemstein
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FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 8 ----------------------------------------------------------------x YVETTE MCCLAMB, Index No. 154374/2018 (ECF) Plaintiff, v. HOUSING PARTNERSHIP DEVELOPMENT VERIFIED REPLY TO CORPORATION, KALAHARI CONDOMINIUM, CROSS-CLAIMS OF THE BOARD OF MANAGERS OF KALAHARI DEFENDANT RNC CONDOMINIUM, WALLACK MANAGEMENT INDUSTRIES, LLC CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Assigned Judge: Lynn R. Kotler Defendants. ----------------------------------------------------------------x Defendant West New York Restoration of CT, Inc. ("West New York"), by and through its undersigned counsel, as and for its Verified Reply to the Cross-Claims of Defendant RNC Industries, LLC states as follows: ANSWERING THE FIRST CROSS-CLAIM OF DEFENDANT RNC INDUSTRIES, LLC 1. Defendant West New York denies each and every allegation contained in "THIRTY-SEVEN" "THIRTY-EIGHT" paragraphs numbered and designated as 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 West New York repeats, reiterates, and re-alleges each and every denial heretofore made to the paragraphs set forth therein with the same force and effect as if more fully set forth herein. 1 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 3. Defendant West New York denies each and every allegation contained in "FORTIETH" "FORTY-FIRST" Cross- paragraphs numbered and designated as and of the Claim. ANSWERING THE THIRD CROSS-CLAIM OF DEFENDANT RNC INDUSTRIES, LLC "FORTY-TWO" 4. Answering paragraph of the Cross-Claim, Defendant West New York repeats, reiterates, and re-alleges each and every denial heretofore made to the paragraphs set forth therein withthesameforceand effect as if more fully set forth herein. 5. Defendant West New York denies each and every allegation contained in "FORTY-SECOND," "FORTY-THIRD," "FORTY- paragraphs numbered and designated as FOUR," "FORTY-FIVE," "FORTY-SIXTH" and of theCross-Claim. ANSWERING THE FOURTH CROSS-CLAIM OF DEFENDANT RNC INDUSTRIES, LLC "FORTY-SEVEN" 6. Answering paragraph of the Cross-Claim, Defendant West New York repeats, reiterates, and re-alleges each and every denial heretofore made to the paragraphs set forth therein with the same force and effect as if more fully set forthherein. 7. Defendant West New York denies each and every allegation contained in "FORTY-EIGHTH," "FORTY-NINTH," "FIFTIETH" paragraphs numbered and designated as "FIFTY-FIRST" and of theCross-Claim. WHEREFORE, defendant West New York Restoration of CT, Inc. demands judgment (i) dismissing the cross-claims of RNCIndustries, LLC or alternatively, ifthecross-claimsshall not be dismissed, that the amount of damages otherwise recoverable against the parties whom this/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 2 2 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 conduct, if any, of said party against whom these cross-claims are being asserted, (ii) awarding attorneys' fees, costs and disbursements of this action, and (iii) granting such other and further relief in favor of defendant West New York Restoration of CT, Inc. as the Court may deem just and proper. ATTORNEY'S CERTIFICATION The undersigned, an attorney admitted to practice in the courts of the State of New York, hereby certifies that, to the best of the undersigned's knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, the presentation of the within Verified Reply to Cross-Claims of Defendant RNC Industries, LLC or the contentions raised herein are not frivolous as defmed in 22 NYCRR § 130-1.1(c). Dated: New York, New York January 2, 2019 Yours, etc. Scott H. Bernstein, Esq. STRADLEY RONON STEVENS & YOUNG, LLP ATTORNEYS FOR CROSS-CLAIMANT DEFENDANT WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 Telephone: (212) 812-4132 Facsimile: (646) 682-7180 sbernstein@stradley.com TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB Jeremy A. Hellman, Esq. 29* 551 Fifth Avenue, Floor New York, New York 10176 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT RNC INDUSTRIES, LLC 3 3 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 Kenneth J. Kutner, Esq. 60 Broad Street, Suite 3600A New York, New York 10004 MARGARET G. KLEIN & ASSOCIATES ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 2nd 200 Madison Avenue, FlOOr New York, New York 10016 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT HOUSING PARTNERSHIP DEVELOPMENT CORPORATION Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 4 4 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ). SS: COUNTY OF NEW YORK ) SCOTT H. BERNSTEIN, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney of the law firm of Stradley Ronon Stevens & Young, LLP, attorneys of record for Cross-Claimant-Defendant West New York Restoration of CT, Inc., and I have read the foregoing Verified Reply to Cross-Claims of Defendant RNC Industries, LLC and know the contents thereof; that the same are true to my own knowledge, except as to those matters therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon facts, records, and other pertinent information contained in my files. The reason that this verification is made by me and not Cross-Claimant-Defendant West New York Restoration of CT, Inc. is that Cross-Claimant Defendant West New York Restoration of CT, Inc. does not maintain itsoffices in the county wherein its attorneys maintains their offices. ~~- Dated: New York, New York January 2, 2019 Scott H. Bernstein 5 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 11:53 AM INDEX NO. 154374/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 8 Index No. 154374/2018 YVETTE MCCLAMB, Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THEBOARDOF MANAGERSOFKALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. VERIFIED REPLY TO CROSS-CLAIMS OF DEFENDANT RNC INDUSTRIES, LLC STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 (telephone) Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: January 2, 2019 Signature: Scott H. Bemstein 6 of 6