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  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
  • Luis Alberto Herrera v. The City Of New York, Belmont Re, Llc, Sutter Avenue Realty Co. Llc, Trinchese Iron Works & Construction IncTorts - Other Negligence (Personal Injury) document preview
						
                                

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FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------x Index No.: 512147/2020(ECF) LUIS ALBERTO HERRERA, Plaintiff, THIRD-PARTY SUMMONS v. THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER AVENUE REALTY CO., LLC., Defendants. ---------------------------------------------------------------------x ---------------------------------------------------------------------x Index No.: SUTTER AVENUE REALTY CO., LLC Third-Party Plaintiff, v. TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant, ---------------------------------------------------------------------x YOU ARE HEREBY SUMMONED to answer the Complaint of Defendant/Third Party Plaintiff SUTTER AVENUE REALTY CO. LLC, a copy of which is hereby served upon you and is incorporated by reference as if more fully set forth herein, and to serve copies of your answer upon the undersigned Attorneys for Defendant/Third Party Plaintiff, SUTTER AVENUE REALTY CO. LLC and upon Attorneys at the service addresses listed herein below within twenty (20) days after service of this Third Party Summons and Third Party Complaint exclusive of the day of service or within thirty days after completion of service where service is made in any manner other than by personal delivery within the State. 1 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 In case of your failure to answer the Third Party Complaint, a judgment will be taken against you by default for the relief demanded in this Third Party Complaint. WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification to Defendant/Third-Party Plaintiff for the whole and any judgment which may be rendered against said Defendant/Third-Party Plaintiff in the action herein, together with costs, disbursements and attorney fees arising therefrom in the defense of this action. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the Plaintiff (Exhibit "A") to the style of this THIRD PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of this date is: "NOT ON CALENDAR" DATED: November 18, 2020 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff SUTTER AVENUE REALTY CO. LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By:____________________________ Daniel P. Rocco TO: Subin Associates, LLP Attorneys for Plaintiff, Luis Alberto Herrera 150 Broadway, 23rd Floor New York, New York 10038 (212) 285-3800 The City of New York Attorneys for Defendant, The City of New York 2 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 100 Church Street New York, NY 10007 Newman Law Associates, PLLC. Attorneys for Defendant,, Belmont RE LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 Trinchese Iron Works & Construction Attorneys for Third Party Defendant, Trinchese Iron Works & Construction 234 Belmont Ave Brooklyn, NY 11207 (718) 848-1954 3 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------x Index No.: 512147/2020(ECF) LUIS ALBERTO HERRERA, Plaintiff, THIRD-PARTY COMPLAINT v. THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER AVENUE REALTY CO., LLC., Defendants. ---------------------------------------------------------------------x ---------------------------------------------------------------------x Index No.: SUTTER AVENUE REALTY CO., LLC Third-Party Plaintiff, v. TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant, ---------------------------------------------------------------------x Defendant/Third Party Plaintiff SUTTER AVENUE REALTY CO. LLC, by its attorneys, EUSTACE, PREZIOSO & YAPCHANYK, as and for its Third Party Complaint against Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION respectfully alleges upon information and belief as follows: 1. That at all times hereinafter mentioned, Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC was and still is a domestic corporation organized and existing under the laws of the State of New York with its principal place of business located at 234 Belmont Ave Brooklyn, NY 11207. 2. That at all times hereinafter mentioned, Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC actually conducted and transacted business, engaged in a persistent course of conduct and derived substantial revenue from services within the State 4 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 of New York. 3. That this action is based on transactions or occurrences within the State of New York. 4. That heretofore, Plaintiff LUIS ALBERTO HERRERA, commenced an action against Defendant SUTTER AVENUE REALTY CO. LLC wherein it is alleged that Plaintiff suffered injuries as a result of an alleged trip and fall accident on the premises of 222 Belmont Avenue, Brooklyn, New York 11207 on August 6, 2019. A copy of said complaint is annexed hereto as Exhibit A. 5. That Defendant SUTTER AVENUE REALTY CO. LLC has denied all material allegations to the Plaintiff’s complaint. A copy of Defendant/Third Party Plaintiff’s Answer is annexed hereto as Exhibit B. AS AND FOR A FIRST CAUSE OF ACTION FOR COMMON LAW INDEMNITY 6. Defendant SUTTER AVENUE REALTY CO. LLC repeats and realleges each and every allegation contained in paragraphs 1 through 5 of this Third Party Complaint. 7. That at all times hereinafter mentioned, Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC controlled the subject premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 8. That at all times hereinafter mentioned, Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC maintained the subject premises located 222 Belmont Avenue, Brooklyn, New York 11207. 9. That at all times hereinafter mentioned, Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC supervised the subject premises located at 222 Belmont Avenue, Brooklyn, New York 11207. 5 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 10. That if Plaintiff recovers a judgment against Defendant SUTTER AVENUE REALTY CO. LLC for the alleged injuries and damages that Plaintiff alleges to have suffered at the time and place mentioned in the Complaint, such damages and liability imposed on the Defendant/Third Party Plaintiff will have been caused and brought by reason of the primary and active negligence and/or violation of the statue, rule, regulation and/or ordinance by the Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC, its agents, servants and/or employees in permitting, causing, creating and/or permitting to exist the alleged conditions set forth in Plaintiff’s Complaint, in generally failing to exercise due care and diligence, all without any active or primary negligence on the part of Defendant SUTTER AVENUE REALTY CO. LLC contributing thereto. As a result, then said Defendant SUTTER AVENUE REALTY CO. LLC shall be entitled to indemnification pursuant to the principles of common law, from Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC for all damages which may be assessed against Defendant SUTTER AVENUE REALTY CO. LLC, including but not limited to costs, disbursements and attorney fees. AS AND FOR A SECOND CAUSE OF ACTION FOR CONTRIBUTION 11. Defendant SUTTER AVENUE REALTY CO. LLC repeats and realleges each and every allegation contained in paragraphs 1 through 10 of this Third Party Complaint. 12. That it is alleged that Plaintiff sustained personal injuries as a result of the aforementioned accident on the premises of 222 Belmont Avenue, Brooklyn, New York 11207, allegedly due to the negligence of Defendant SUTTER AVENUE REALTY CO. LLC. 13. That if Plaintiff was caused to sustain injuries at the time and place in the in the manner alleged in the Complaint, through any carelessness, recklessness and negligence, or contributory negligence, then any such injuries or damages were caused by the carelessness, 6 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 recklessness and negligence of Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC its agents, servants and/or employees and consequently, Third Party Defendant is responsible in whole or in part for such injuries. 14. That by reason of the foregoing, the impleaded Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC will be liable to Defendant SUTTER AVENUE REALTY CO. LLC in that event and in the full amount of recovery herein by Plaintiff or for that proportion thereof caused by the relative responsibility of Third Party Defendant TRINCHESE IRON WORKS & CONSTRUCTION INC and that said Third Party Defendant is bound to pay any and all attorneys’ fees, costs of investigations and disbursements. WHEREFORE, the Third-Party Defendant is liable in contribution and indemnification to Defendant/Third-Party Plaintiff for the whole and any judgment which may be rendered against said Defendant/Third-Party Plaintiff in the action herein, together with costs, disbursements and attorney fees arising therefrom in the defense of this action. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the plaintiffs (Exhibit "A") to the style of this THIRD PARTY SUMMONS and THIRD PARTY COMPLAINT; the calendar status of this action as of 7 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 this date is: "NOT ON CALENDAR" DATED: November 18, 2020 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff SUTTER AVENUE REALTY CO. LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By:____________________________ Daniel P. Rocco TO: Subin Associates, LLP Attorneys for Plaintiff, Luis Alberto Herrera 150 Broadway, 23rd Floor New York, New York 10038 (212) 285-3800 The City of New York Attorneys for Defendant, The City of New York 100 Church Street New York, NY 10007 Newman Law Associates, PLLC. Attorneys for Defendant,, Belmont RE LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 8 of 9 FILED: KINGS COUNTY CLERK 11/19/2020 10:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/19/2020 Index No.: 512147/2020(ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LUIS ALBERTO HERRERA, Plaintiff, -against- THE CITY OF NEW YORK, BELMONT RE, LLC AND SUTTER AVENUE REALTY CO., LLC., Defendants. AND THIRD-PARTY ACTION. THIRD-PARTY SUMMONS AND THIRD-PARTY COMPLAINT EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third Party Plaintiff Sutter Avenue Realty Co. LLC Office and Post Office Address 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 9 of 9