Preview
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.
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SUTTER AVENUE REALTY CO., LLC
Third-Party Plaintiff,
v.
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant,
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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.
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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
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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
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
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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
COMPLAINT
v.
THE CITY OF NEW YORK, BELMONT RE, LLC AND
SUTTER AVENUE REALTY CO., LLC.,
Defendants.
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SUTTER AVENUE REALTY CO., LLC
Third-Party Plaintiff,
v.
TRINCHESE IRON WORKS & CONSTRUCTION INC.,
Third-Party Defendant,
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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
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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.
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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,
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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
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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
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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
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
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