Preview
FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-__..--------------- ------------- --------X
MARY ELLEN ALB1NO,
NOTICE OF
Plaintiff, CERTIFICATION
- against -
JONES LANG LASALLE AMERICAS, INC., and
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Defendants. Index No. 615116/2020
__ ------------------------X
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Third Party Plaintiff,
- against -
RUSS FRAGALA LANDSCAPE CORP.,
Third Party Defendant.
------------------------------- ------------------- --X
S I R S :
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a, the annexed
papers, VERIFIED ANSWER TO THIRD PARTY PLAINTIFF, DEMAND FOR BILL OF
PARTICULARS TO THIRD PARTY PLAINTIFF, DEMAND FOR BILL OF PARTICULARS
TO PLAINTIFF, COMBINED DEMANDS, DEMAND TO PRESERVE SOCIAL MEDIA
ACCOUNTS, DEMAND FOR CELL PHONE RECORDS, NOTICE OF EBT, NOTICE OF
REFUSAL TO ACCEPT SERVICE OF PAPERS BY FAX, DEMAND PURSUANT TO
MEDICAID/MEDICARE MANDATORY REPORTING LAW, DEMAND FOR
PRODUCTION AS TO PRIOR AND SUBSEQUENT RELATED INJURIES AND
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CONDITIONS and DEMAND PURSUANT TO CPLR §306-C are being certified that to the
best of the undersigned's knowledge, information and belief, formed after an inquiry reasonable
under the circumstsñces, the presentatioñ of these paper(s) or contentions therein is not frivolous
as defined in subsection (c) of Section 130-1.1.
Dated: Smithtown, New York
June 14, 2021
Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Third Party Defendant
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
KMS/vs
Our File No. SF9436K1
/s/ Kevia M. speLLmaa
Kevin M. Spellman
TO: CHESNEY, NICHOLAS & BROWER, LLP
Attorneys for Defendant/Third Party Plaintiff
485 Underhill Boulevard, Suite 308
Syosset, New York 11791
ROSNER RUSSO SHAHABIAN PLLC
Attorneys for Plaintiff
398 Conklin Street
Farmingdale, New York 11735
SOBEL PEVZNER, LLC
Attorneys for Defendant
JONES LANG LASALLE AMERICAS, INC.
464 New York Avenue, Suite 100
Huntington, New York 11743
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_____________-_-----____-___----------------------------- ----------X
MARY ELLEN ALBINO,
Plaintiff, VERIFIED ANSWER
TO THIRD PARTY
- against - COMPLAINT
JONES LANG LASALLE AMERICAS, INC., and
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Defendants. Index No. 615116/2020
--- -----------------------------------------------------------X
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Third Party Plaintiff,
- against -
RUSS FRAGALA LANDSCAPE CORP.,
Third Party Defendant.
-------
----------------------------------------------------X
Third Party Defendant, RUSS FRAGALA LANDSCAPE CORP., by their attorneys,
DEVITT SPELLMAN BARRETT, LLP, as and for their Answer to the third party plaintiff's
Complaint, upon information and belief, states as follows:
FIRST: Denies having any knowledge or information sufficient to form a belief as
"13"
to the truth of the allegations contained in paragraphs numbered and designated as "1", "2",
and "14".
SECOND: Denies each and every allegation contained in paragraphs numbered and
"19" "20"
designated as "4", "5", "6", "7", "8", "9", "10", "18", and and leave all questions of
law for the Court.
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THIRD: Denies each and every allegation cantained in paragraphs numbered and
"16"
designated as "11", "12", "15", and "17".
ANSWERING A FIRST CAUSE OF ACTION
"21"
FOURTH: Answering paragraph of the third party complaint, third party
defendant repeats, reiterates and realleges each and every eamission and denial heretofore made
to paragraphs set forth therein with the same force and effect as if more fully set forth herein.
FIFTH: Denies each and allegation contained in paragraphs numbered and
every
"22"
designated as and "23".
ANSWERING A SECOND CAUSE OF ACTION
"24"
SIXTH: Answering paragraph of the third party complaint, third party
defendant repeats, reiterates and realleges each and every admission and denial heretofore made
to paragraphs set forth therein with the same force and effect as if more fully set forth herein.
SEVENTH: Denies each and every allegation cañtained in paragraphs numbered and
"25"
designated as and "26".
ANSWERING A THIRD CAUSE OF ACTION
"27"
EIGHTH: Answering paragraph of the third party complaint, third party
defandant repeats, reiterates and realleges each and every admission and denial heretofore made
to paragraphs set forth therein with the same force and effect as if more fully set forth herein.
NINTH: Denies each and every allegation contained in paragraphs numbered and
"28" "29"
designated as and and leave all questions of law for the Court.
TENTH: Denies each and every allegation contained in paragraphs numbered and
designated as "30".
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
ELEVENTH: That if the plaintiff recovers herein against two or more tort-
feasors jointly liable and/or if the culpable ecñduct of any person not a party to this action is
considered in determining any equitable share herein and if the answering third party defendant's
liability is 50% or less of the total liability assigned, then the answering third party defcadañt's
liability for non economic loss shall not exceed the equitable share as determined by the
answering third party defendant's percentage of liability for non economic loss pursuañt to Civil
Practice Law and Rules Article 16.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TWELFTH: That the occurrence was caused or contributed to by the negligence of the
plaintiff and third party plaintiff herein and the damages which they are entitled to are
dimidshed by the amount of their ñegligence which contributed to the occurrence.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THIRTEENTH: That any damages sustained by the plaintiff were caused by the
culpable conduct of the plaintiff and third party plaintiff including contributory negligence or
assumption of risk, and not by the culpable conduct or negligence of the answering third party
defendant.
AS AND FOR_A FOURTH_AFFIRMATIVE DEFENSE
FOURTEENTH: Upon information and belief, past or future costs or expenses
any
incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, property
damage or rehabilitative services, loss of earnings or other economic loss, has been or will be
with reas0ñâble certainty be replaced or indemmified in whole or in part from a collateral source
as defined in Section 4545(c) of the New York Civil Practice Law and Rules.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
FIFTEENTH: The third party plaintiff's Complaint fails to state a cause of action.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
SIXTEENTH: That plaintiff and third plaintiff failed to take those steps
party
necessary to mitigate their damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
SEVENTEENTH: In the event that Plaintiff has given or hereafter gives a release or a
covenant not to use or not to enforce a judgment to any person or persons liable or claimed to be
liable in tort for the same injury or wrongful death claimed in this action, answering Third Party
Defendant is entided to reduce the claim against answering Third Party Defendant to the extent
of the amount stipdated by the release or coveñant, or in the amount of the consideration paid
for it or in the amount of the released tortfeasor's equitable share of the damages under Article
14 of the Civil Practice Law and Rules, whichever is the greatest pursuant to General Obligation
Law §15-108.
AS AND FOR A FIRST COUNTERCLAIM AGAINST
THIRD PARTY PLAINTIFF, THE ANSWERING
THIRD PARTY DEFENDANT ALLEGES AS FOLLOWS:
EIGHTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all
of which has been denied by this counterclaiming third party defendant, then such injuries were
caused in whole or in part by the negligence of the third party plaintiff above named.
NINETEENTH: That by reason of the foregoing, the answering third party
defendant is or will be entitled to have judgment over and against the third party plaintiff in
whole or in part as to any sum awarded to plaintiff against this answering third party defendant.
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AS AND FOR A SECOND COUNTERCLAIM AGAINST
THIRD PARTY PLAINTIFF, THE ANSWERING
THIRD PARTY DEFENDANT ALLEGES AS FOLLOWS:
TWENTIETH: At all times hereinafter mentioned, the third party plaintiff,
and this answering third party defêñdañt, were parties to an agreement and/or contract which
c-·nuiñad an indemnification agreement and/or clause benefitting the third party plaintiff.
TWENTY-FIRST: Any injuries sustained by the plaintiff in the manner and at the
time and place alleged in the plaintiff's compkint are embraced within that indemnification
agreement and/or clause coñtaiñed in the agreement and/or contract between third party
defendant, and the third party plaintiff.
TWENTY-SECOND: Pursuant to said contract and/or agreement, if plaiñtiff
recovers any judgment against this answering third party def nd-nt3 this answering third party
defendant is entitled to recover the whole and entire amount of such judgment from the third
party plaintiff.
AS AND FOR A FIRST CROSS CLAIM AGAINST
DEFENDANT, JONES LANG LASALLE AMERICAS,
INC.., THE THIRD PARTY DEFENDANT ALLEGES:
TWENTY-THIRD: That if the plaintiff sustained the injuries in the manner alleged, all
of which has been denied by this cross-cisi±g third party defandant, then such injuries were
caused in whole or in part by the negligence of the defendant above ñamed.
TWENTY-FOURTH: That by reason of the foregoiñg, this answering third party
defendant is or will be entitled to have judgment over and against the defendant above named in
whole or in part as to any sum awarded to plaintiff against this answering third party defendant.
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AS AND FOR A SECOND CROSS CLAIM AGAINST
DEFENDANT, JONES LANG LASALLE AMERICAS,
IMHE THIRD PARTY DEFENDANT ALLEGES:
TWENTY-FIFTH: At all times hereinafter mentianad, the defendant, JONES LANG
LASALLE AMERICAS, INC., and this answering third party defendant, were parties to an
agreement and/or contract which coñtained an indemnification agreement and/or clause
benefitting the third party defendant.
TWENTY-SIXTH: Any injuries sustained by the plaintiff in the maññer and at the
time and place alleged in the plaintiff's complaint are embraced within that indemnification
agreement and/or clause contained in the agreement and/or contract between third party
defendant, and defendant, JONES LANG LASALLE AMERICAS, INC.
TWENTY-SEVENTH: Pursuant to said contract and/or agreement, if plaintiff
recovers any judgment against this answering third party defendant, this answering third party
defendant is entitled to recover the whole and entire amoüñt of such judgmcat from the
defendant, JONES LANG LASALLE AMERICAS, INC.
WHEREFORE, third party defendant, RUSS FRAGALA LANDSCAPE CORP.,
demands judgment dismissing the third party complaint herein, or in the event that the plaintiff
recovers any sum of money over and against this third party defendant, that this third party
defendant dem=ñds judgment over and against the defendant and third party plaintiff above
named, as to any such amount, together with the costs and disbursemêñts of this action.
Dated: Smithtown, New York
June 14, 2021
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NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021
Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Third Party Defendant
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
KMS/vs
Our File No. SF9436K1
/s/ KevEW M. speLLvu.a w
Kevin M. Spellman
TO: CHESNEY, NICHOLAS & BROWER, LLP
Attorneys for Defendant/Third Party Plaintiff
485 Underhill Boulevard, Suite 308
Syosset, New York 11791
ROSNER RUSSO SHAHABIAN PLLC
Attorneys for Plaintiff
398 Conklin Street
Farmingdale, New York 11735
SOBEL PEVZNER, LLC
Attorneys for Defendant
JONES LANG LASALLE AMERICAS, INC.
464 New York Avenue, Suite 100
Huntington, New York 11743
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------------------------- --------- --------X
MARY ELLEN ALBINO, DEMAND FOR A
VERIFIED BILL
Plaintiff, OF PARTICULARS
TO THIRD PARTY
- against - PLAINTIFF
JONES LANG LASALLE AMERICAS, INC., and
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Defendants. Index No. 615116/2020
---------------- ------------------------------------------X
BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC
formerly known as BRICKMAN FACILITY
SOLUTIONS, LLC,
Third Party Plaintiff,
- against -
RUSS FRAGALA LANDSCAPE CORP.,
Third Party Defendant.
------------------- ------------------X
S I R S :
PLEASE TAKE NOTICE, that third party defendant, by its attorneys, DEVITT
SPELLMAN BARRETT, LLP, hcrchy demâñds that a Verified Bill of Particulars be served
within twenty (20) days, setting forth in detail the following information:
1. Set forth full and complete copies of the defêñdâñt/third party plaintiff's Demand for
Bill of Particulars and plaintiff's Bill of Particulars in response to that demand.
2. State whether it will be claimed that the third plaintiffs are entitled to total or
party
partial iñdemnification from this third party defendant.
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3. State whether indemnity is claimed by virtue of: (a) breach of contract; (b) breach of
warrañty; (c) negligence on the part of this third party dcfeñd:ñt; (d) a hold harmless agreement
given by this third party defendant; (e) statutory violations by this third party defendant; or (f)
some other grounds, fully setting forth such grounds.
4. If indemnify is claimed by virtue of a breach of contract or warranty, state the date of
such contract or warranty, the parties to such contract or warranty, and the manner in which the
alleged breach occurred.
5. If indemnification is claimed by virtue of the alleged negligence on the party of the
third party defendant, state how and in what manner the third party defendant was negligent, the
acts or omissions of the third party defendant, and the conditions it will be claimed caused injury.
6. If it will be claimed that the third party defendant violated any statutes, rules, laws,
ordinances, or regulations, kindly set forth, by title and section, all violations which will be
claimed by the third party plaintiffs.
7. State whether or not the third party plaintiffs will seek indemnity for acts or emicciane
other than those claimed by plaintiff as the basis for indemnity.
8. If a dañgerous or defective condition is alleged by plaintiff and/or third party
plaintiffs, state:
(a) the nature and location of the condition alleged, giving a full description of the
alleged condition;
(b) whether it will be claimed that the third party defendant had actual or constructive
notice of said condition;
(c) if actual notice is claimed, when and to whom same was given;
Preview
FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -__..--------------- ------------- --------X MARY ELLEN ALB1NO, NOTICE OF Plaintiff, CERTIFICATION - against - JONES LANG LASALLE AMERICAS, INC., and BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Defendants. Index No. 615116/2020 __ ------------------------X BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Third Party Plaintiff, - against - RUSS FRAGALA LANDSCAPE CORP., Third Party Defendant. ------------------------------- ------------------- --X S I R S : PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a, the annexed papers, VERIFIED ANSWER TO THIRD PARTY PLAINTIFF, DEMAND FOR BILL OF PARTICULARS TO THIRD PARTY PLAINTIFF, DEMAND FOR BILL OF PARTICULARS TO PLAINTIFF, COMBINED DEMANDS, DEMAND TO PRESERVE SOCIAL MEDIA ACCOUNTS, DEMAND FOR CELL PHONE RECORDS, NOTICE OF EBT, NOTICE OF REFUSAL TO ACCEPT SERVICE OF PAPERS BY FAX, DEMAND PURSUANT TO MEDICAID/MEDICARE MANDATORY REPORTING LAW, DEMAND FOR PRODUCTION AS TO PRIOR AND SUBSEQUENT RELATED INJURIES AND 1 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 CONDITIONS and DEMAND PURSUANT TO CPLR §306-C are being certified that to the best of the undersigned's knowledge, information and belief, formed after an inquiry reasonable under the circumstsñces, the presentatioñ of these paper(s) or contentions therein is not frivolous as defined in subsection (c) of Section 130-1.1. Dated: Smithtown, New York June 14, 2021 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Third Party Defendant 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 KMS/vs Our File No. SF9436K1 /s/ Kevia M. speLLmaa Kevin M. Spellman TO: CHESNEY, NICHOLAS & BROWER, LLP Attorneys for Defendant/Third Party Plaintiff 485 Underhill Boulevard, Suite 308 Syosset, New York 11791 ROSNER RUSSO SHAHABIAN PLLC Attorneys for Plaintiff 398 Conklin Street Farmingdale, New York 11735 SOBEL PEVZNER, LLC Attorneys for Defendant JONES LANG LASALLE AMERICAS, INC. 464 New York Avenue, Suite 100 Huntington, New York 11743 2 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _____________-_-----____-___----------------------------- ----------X MARY ELLEN ALBINO, Plaintiff, VERIFIED ANSWER TO THIRD PARTY - against - COMPLAINT JONES LANG LASALLE AMERICAS, INC., and BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Defendants. Index No. 615116/2020 --- -----------------------------------------------------------X BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Third Party Plaintiff, - against - RUSS FRAGALA LANDSCAPE CORP., Third Party Defendant. ------- ----------------------------------------------------X Third Party Defendant, RUSS FRAGALA LANDSCAPE CORP., by their attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for their Answer to the third party plaintiff's Complaint, upon information and belief, states as follows: FIRST: Denies having any knowledge or information sufficient to form a belief as "13" to the truth of the allegations contained in paragraphs numbered and designated as "1", "2", and "14". SECOND: Denies each and every allegation contained in paragraphs numbered and "19" "20" designated as "4", "5", "6", "7", "8", "9", "10", "18", and and leave all questions of law for the Court. 3 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 THIRD: Denies each and every allegation cantained in paragraphs numbered and "16" designated as "11", "12", "15", and "17". ANSWERING A FIRST CAUSE OF ACTION "21" FOURTH: Answering paragraph of the third party complaint, third party defendant repeats, reiterates and realleges each and every eamission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. FIFTH: Denies each and allegation contained in paragraphs numbered and every "22" designated as and "23". ANSWERING A SECOND CAUSE OF ACTION "24" SIXTH: Answering paragraph of the third party complaint, third party defendant repeats, reiterates and realleges each and every admission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. SEVENTH: Denies each and every allegation cañtained in paragraphs numbered and "25" designated as and "26". ANSWERING A THIRD CAUSE OF ACTION "27" EIGHTH: Answering paragraph of the third party complaint, third party defandant repeats, reiterates and realleges each and every admission and denial heretofore made to paragraphs set forth therein with the same force and effect as if more fully set forth herein. NINTH: Denies each and every allegation contained in paragraphs numbered and "28" "29" designated as and and leave all questions of law for the Court. TENTH: Denies each and every allegation contained in paragraphs numbered and designated as "30". 4 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 AS AND FOR A FIRST AFFIRMATIVE DEFENSE ELEVENTH: That if the plaintiff recovers herein against two or more tort- feasors jointly liable and/or if the culpable ecñduct of any person not a party to this action is considered in determining any equitable share herein and if the answering third party defendant's liability is 50% or less of the total liability assigned, then the answering third party defcadañt's liability for non economic loss shall not exceed the equitable share as determined by the answering third party defendant's percentage of liability for non economic loss pursuañt to Civil Practice Law and Rules Article 16. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TWELFTH: That the occurrence was caused or contributed to by the negligence of the plaintiff and third party plaintiff herein and the damages which they are entitled to are dimidshed by the amount of their ñegligence which contributed to the occurrence. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIRTEENTH: That any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff and third party plaintiff including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of the answering third party defendant. AS AND FOR_A FOURTH_AFFIRMATIVE DEFENSE FOURTEENTH: Upon information and belief, past or future costs or expenses any incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, property damage or rehabilitative services, loss of earnings or other economic loss, has been or will be with reas0ñâble certainty be replaced or indemmified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. 5 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE FIFTEENTH: The third party plaintiff's Complaint fails to state a cause of action. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE SIXTEENTH: That plaintiff and third plaintiff failed to take those steps party necessary to mitigate their damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE SEVENTEENTH: In the event that Plaintiff has given or hereafter gives a release or a covenant not to use or not to enforce a judgment to any person or persons liable or claimed to be liable in tort for the same injury or wrongful death claimed in this action, answering Third Party Defendant is entided to reduce the claim against answering Third Party Defendant to the extent of the amount stipdated by the release or coveñant, or in the amount of the consideration paid for it or in the amount of the released tortfeasor's equitable share of the damages under Article 14 of the Civil Practice Law and Rules, whichever is the greatest pursuant to General Obligation Law §15-108. AS AND FOR A FIRST COUNTERCLAIM AGAINST THIRD PARTY PLAINTIFF, THE ANSWERING THIRD PARTY DEFENDANT ALLEGES AS FOLLOWS: EIGHTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all of which has been denied by this counterclaiming third party defendant, then such injuries were caused in whole or in part by the negligence of the third party plaintiff above named. NINETEENTH: That by reason of the foregoing, the answering third party defendant is or will be entitled to have judgment over and against the third party plaintiff in whole or in part as to any sum awarded to plaintiff against this answering third party defendant. 6 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 AS AND FOR A SECOND COUNTERCLAIM AGAINST THIRD PARTY PLAINTIFF, THE ANSWERING THIRD PARTY DEFENDANT ALLEGES AS FOLLOWS: TWENTIETH: At all times hereinafter mentioned, the third party plaintiff, and this answering third party defêñdañt, were parties to an agreement and/or contract which c-·nuiñad an indemnification agreement and/or clause benefitting the third party plaintiff. TWENTY-FIRST: Any injuries sustained by the plaintiff in the manner and at the time and place alleged in the plaintiff's compkint are embraced within that indemnification agreement and/or clause coñtaiñed in the agreement and/or contract between third party defendant, and the third party plaintiff. TWENTY-SECOND: Pursuant to said contract and/or agreement, if plaiñtiff recovers any judgment against this answering third party def nd-nt3 this answering third party defendant is entitled to recover the whole and entire amount of such judgment from the third party plaintiff. AS AND FOR A FIRST CROSS CLAIM AGAINST DEFENDANT, JONES LANG LASALLE AMERICAS, INC.., THE THIRD PARTY DEFENDANT ALLEGES: TWENTY-THIRD: That if the plaintiff sustained the injuries in the manner alleged, all of which has been denied by this cross-cisi±g third party defandant, then such injuries were caused in whole or in part by the negligence of the defendant above ñamed. TWENTY-FOURTH: That by reason of the foregoiñg, this answering third party defendant is or will be entitled to have judgment over and against the defendant above named in whole or in part as to any sum awarded to plaintiff against this answering third party defendant. 7 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 AS AND FOR A SECOND CROSS CLAIM AGAINST DEFENDANT, JONES LANG LASALLE AMERICAS, IMHE THIRD PARTY DEFENDANT ALLEGES: TWENTY-FIFTH: At all times hereinafter mentianad, the defendant, JONES LANG LASALLE AMERICAS, INC., and this answering third party defendant, were parties to an agreement and/or contract which coñtained an indemnification agreement and/or clause benefitting the third party defendant. TWENTY-SIXTH: Any injuries sustained by the plaintiff in the maññer and at the time and place alleged in the plaintiff's complaint are embraced within that indemnification agreement and/or clause contained in the agreement and/or contract between third party defendant, and defendant, JONES LANG LASALLE AMERICAS, INC. TWENTY-SEVENTH: Pursuant to said contract and/or agreement, if plaintiff recovers any judgment against this answering third party defendant, this answering third party defendant is entitled to recover the whole and entire amoüñt of such judgmcat from the defendant, JONES LANG LASALLE AMERICAS, INC. WHEREFORE, third party defendant, RUSS FRAGALA LANDSCAPE CORP., demands judgment dismissing the third party complaint herein, or in the event that the plaintiff recovers any sum of money over and against this third party defendant, that this third party defendant dem=ñds judgment over and against the defendant and third party plaintiff above named, as to any such amount, together with the costs and disbursemêñts of this action. Dated: Smithtown, New York June 14, 2021 8 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Third Party Defendant 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 KMS/vs Our File No. SF9436K1 /s/ KevEW M. speLLvu.a w Kevin M. Spellman TO: CHESNEY, NICHOLAS & BROWER, LLP Attorneys for Defendant/Third Party Plaintiff 485 Underhill Boulevard, Suite 308 Syosset, New York 11791 ROSNER RUSSO SHAHABIAN PLLC Attorneys for Plaintiff 398 Conklin Street Farmingdale, New York 11735 SOBEL PEVZNER, LLC Attorneys for Defendant JONES LANG LASALLE AMERICAS, INC. 464 New York Avenue, Suite 100 Huntington, New York 11743 9 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------- --------- --------X MARY ELLEN ALBINO, DEMAND FOR A VERIFIED BILL Plaintiff, OF PARTICULARS TO THIRD PARTY - against - PLAINTIFF JONES LANG LASALLE AMERICAS, INC., and BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Defendants. Index No. 615116/2020 ---------------- ------------------------------------------X BRIGHTVIEW ENTERPRISE SOLUTIONS, LLC formerly known as BRICKMAN FACILITY SOLUTIONS, LLC, Third Party Plaintiff, - against - RUSS FRAGALA LANDSCAPE CORP., Third Party Defendant. ------------------- ------------------X S I R S : PLEASE TAKE NOTICE, that third party defendant, by its attorneys, DEVITT SPELLMAN BARRETT, LLP, hcrchy demâñds that a Verified Bill of Particulars be served within twenty (20) days, setting forth in detail the following information: 1. Set forth full and complete copies of the defêñdâñt/third party plaintiff's Demand for Bill of Particulars and plaintiff's Bill of Particulars in response to that demand. 2. State whether it will be claimed that the third plaintiffs are entitled to total or party partial iñdemnification from this third party defendant. 10 of 47 FILED: NASSAU COUNTY CLERK 06/14/2021 01:27 PM INDEX NO. 615116/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/14/2021 3. State whether indemnity is claimed by virtue of: (a) breach of contract; (b) breach of warrañty; (c) negligence on the part of this third party dcfeñd:ñt; (d) a hold harmless agreement given by this third party defendant; (e) statutory violations by this third party defendant; or (f) some other grounds, fully setting forth such grounds. 4. If indemnify is claimed by virtue of a breach of contract or warranty, state the date of such contract or warranty, the parties to such contract or warranty, and the manner in which the alleged breach occurred. 5. If indemnification is claimed by virtue of the alleged negligence on the party of the third party defendant, state how and in what manner the third party defendant was negligent, the acts or omissions of the third party defendant, and the conditions it will be claimed caused injury. 6. If it will be claimed that the third party defendant violated any statutes, rules, laws, ordinances, or regulations, kindly set forth, by title and section, all violations which will be claimed by the third party plaintiffs. 7. State whether or not the third party plaintiffs will seek indemnity for acts or emicciane other than those claimed by plaintiff as the basis for indemnity. 8. If a dañgerous or defective condition is alleged by plaintiff and/or third party plaintiffs, state: (a) the nature and location of the condition alleged, giving a full description of the alleged condition; (b) whether it will be claimed that the third party defendant had actual or constructive notice of said condition; (c) if actual notice is claimed, when and to whom same was given;