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17-4805
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- --- - -- ---- - ---- - - -- - - ---- --- -- - -- x Index No.: 154684/2017
ELLEN GlLMAN, :
Plaintiff, THIRD PARTY SUMMONS
-against-
THE CITY OF NEW YORK, THE UNITED .
PRESBYTERIAN CHURCH, IN THE UNITED
STATES OF AMERICA, A CORPORATION :
and WEST PARK PRESBYTERIAN CHURCH, :
:
Defendants.
---------- ---- --------------------
WEST PARK PRESBYTERIAN CHURCH
Third-Party Plaintiff, :
-against
.
THE SYNOD OF THE NORTHEAST OF THE :
PRESBYTERIAN CHURCH and :
PRESBYTERY OF NEW YORK CITY, :
:
Third-Party Defendants. x
_ ___ - __ _ __ - - -__ _ -- - .- __ - -_____-- --
To the Above Named Third-Party Defendants:
YOU ARE HEREBY SUMMONED in a civilaction in the Supreme Court of The
State Of New York, instituted by the above named Third-Party Plaintiffs, and required to
serve upon the above named attorney for Third-Party Plaintiffs, whose name and address
appear below, an Answer to the annexed Third-Party Complaint within 20 (twenty) days
after service of the Third-Party Summons and Third-Party Complaint upon you, exclusive
of the day of service (or within 30 days after service is complete ifthis summons is not
personally delivered to you within the State of New York). Ifyou failto answer, judgment
by default may be rendered against you for the relief demanded in the Third-Party
Complaint.
Place of Trial: New York County
Basis of Venue: Plaintiff's residence
Dated: December 23, 2017
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GANNON ROSElpFARB 8 DROSSMAN
1
/
by: j
TAra Bonomo
Attorneys for Defendant
West Park Presbyterian Church
100 William 7th
Street, Floor
New York, New York 10038
(212) 655-5000
TO:
LANGSAM LAW LLP
Attorneys for Plaintiff
217 Broadway, Suite 606
New York, New York 10007
(212) 742-2700
CORPORATION COUNSEL FOR THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
Attn: Law Dept.
Law Offices of James J. Toomey
Attorneys for Defendant
The Presbyterian Church (U.S.A.), A Corporation
f/k/a The United Presbyterian Church,
In the United States of America, A Corporation
485 Lexington 7th
Avenue, Floor
New York, New York 10017
VlA SECRETARY OF STATE
THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH (U.S.A.)
5811 Heritage Drive
Landing
East Syracuse, New York 13057-9360
Atnn: Rev. Dr. Robert H. Jr.
White,
VIA SECRETARY OF STATE
PRESBYTERY OF NEW YORK CITY
475 Riverside Drive, Suite 1600
New York, New York 10115
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- -- -- -- - - -- - - - - -- - - -- x
ELLEN GILMAN,
: Index No.: 154684/2017
Plaintiff,
-against-
THE CITY OF NEW YORK, THE UNITED VERIFIED THIRD-PARTY
PRESBYTERIAN CHURCH, IN THE : COMPLAINT
UNITED STATES OF AMERICA, A
CORPORATION and WEST PARK :
PRESBYTERIAN CHURCH, :
Defendants.
-- - __ _ __ _ _ _ -- - -- ..- -- ___ ___ __
WEST PARK PRESBYTERIAN CHURCH :
Third-Party Index No.
Third-Party Plaintiffs, :
-against-
.
THE SYNOD OF THE NORTHEAST OF : Date Filed:
THE PRESBYTERIAN CHURCH and
PRESBYTERY OF NEW YORK CITY,
Third-Party Defendants
__-- __ - - _____ - __ ___ -__ _______ X
The plaintiff West
defendant/third-party Park Presbyterian Church, by their
attorneys, Gannon Rosenfarb 8 as and
Drossman, for a third-party complaint against the
third-party defendants, The Synod of the Northeast of The Presbyterlan Church (U.S.A.)
and Presbytery of New York City respectfully alleges upon information and belief:
1. That the plaintiff commenced an action against the
defendant/third-party
plaintiff West Park Presbyterian the
Church, by service of a verified complaint on or about
May 18, 2107 and by service of a supplemental summons and amended verified
complaint on or about June 2017. A
28, copy of said verified complaint and the
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supplemental summons and amended verified complaint are annexed hereto as Exhibit
"A". A copy of the Verified Answer interposed on behalf of the
defendant/third-party
plaintiff West Park Presbyterian Church served on or about August 23, 2017 is annexed
hereto as Exhibit "B".
2. That at alltimes herein mentioned, third-party defendants, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) and of New York
Presbytery City was and
are domestic corporations organized and in the State
existing of New York in accordance
with its laws.
3, That at ali times herein mentioned, third-party defendants, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) and of New York
Presbytery City was and
are duly organized foreign corporation doing business in the State of New York.
4. That at alltimes herein mentioned, third-party defendants, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) and of New
Presbytery York City did
and/or solicited business in the State of New York.
5. That at alltimes herein mentioned, third-party defendants, The of
Synod the
Northeast of The Presbyterian Church (U.S.A.) and of New York
Presbytery City had their
principal place of business in the State of New York.
6. That at all times herein mentioned, third-party defendant, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) operated a business located at premises
known as 5811 Heritage Landing Drive, East Syracuse, New York.
7. That at all times herein mentioned, third-party defendant, of New
Presbytery
York City operated a business located at premises known as 475 Riverside Drive, Suite
1600, New York, New York.
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8. That at all times herein mentioned, third-party defendants, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) and Presbytery of New York City were
duly organized proprietorship existing and doing business under the laws of the State of
New York.
9. That at all times herein mentioned, third-party defendant, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) operated a business located at premises
known as 5811 Heritage Landing Drive, East Syracuse, New York.
10. That at all times herein mentioned, third-party defendant, Presbytery of New
York City operated a business located at premises known as 475 Riverside Drive, Suite
1600, New York New York.
11. That plaintiff in her complaint alleges that on November 21, 2016 she was
caused to trip and fall as a result at the premises located at northeast corner of
865 New
Amsterdam and Street, York, New York.
AS AND FOR AFIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT
THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH
12. That third-party plaintiffs repeat and reallege the allegations of paragraphs
1 through 11, as iffully stated herein.
13. That ifthe plaintiff was caused to sustain damages in the manner and at the
time and place set forth in the plaintiff's complaint through any carelessness,
recklessness, or negligence other than plaintiffs own carelessness, recklessness and
negligence, that same was brought about and sustained by reason of the carelessness,
recklessness, negligence and/or acts or omission or commission by third-party defendant,
The Synod of the Northeast of The Presbyterlan Church (U.S.A.) its agents, servants
and/or employees; and if any judgment is recovered by the plaintiff against the
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defendant/third-party plaintiff West Park Presbyterian Church, they will be damaged
thereby and the third-party defendant, The Synod of the Northeast of The Presbyterian
Church (U.S.A.) is or will be responsible therefore in whole or in part.
14. That if plaintiff was caused to suffer injuries as alleged in the plaintiffs
complaint, then such injuries were directly caused by the carelessness, recklessness,
negligence and/or breach of duty of third-party defendant, The Synod of the Northeast of
The Presbyterian Church (U.S.A.) itsagents, servants and/or employees, in itsinspecting,
maintaining, managing, supervising and controlling the elevator at and/or before the time
of the alleged accident.
15. That by reason of the foregoing, third-party defendants, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) will be liable to the defendant/third-party
plaintiff by way of indemnification and or contribution in the event and in the fullamount
of a recovery hereby by the plaintiff or for that portion thereof caused by the relative
responsibility of the third-party defendant, and the third-party defendant is bound to pay
any and all attorney's fees and costs of investigation and disbursement.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST THIRD-PARTY
DFEFENDANTTHESYNOD OF THENORTHEAST
OF THE PRESBYTERIAN CHURCH
16. That third-party plaintiff repeats and realleges the allegations of paragraphs
1 through 15, as iffully stated herein.
16. That an agreement was made by and between the third-party plaintiff and
third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.)
pursuant to which the third-party defendant was required to indemnify third-party plaintiff
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for loss or damages sustained by third-party plaintiff under the agreement and arising
within the scope of the agreement and undertaking of third-party defendant.
17. That the underlying allegations of plaintiff'scomplaint come within the scope
and intent of the aforesaid agreement and third-party plaintiffs are, therefore, to be
indemnified and held harmless by third-party defendant, The Synod Of The Northeast Of
The Presbyterian Church
18. That demand has been or is hereby made upon third-party defendant, The
Synod of the Northeast of The Presbyterian Church (U.S.A.) or its representatives or
agents to undertake the defense and indemnity of third-party plaintiff pursuant to the
agreement.
19. That by reason of the foregoing, third-party defendant, The Synod of the
Northeast of The Presbyterian Church (U.S.A.) will be liable under contract or breach of
contract to the defendant/third-party plaintiff West Park Presbyterian Church by way of
indemnification and or contribution, in the event and in the full amount of a recovery
hereby by the plaintiff or for that portion thereof caused by the relative responsibility of
the third-party defendant, and the third-party defendant is bound to pay any and all
attorney's fees and costs of investigation and disbursements.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT
THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH
20. That third-party plaintiff repeat and reallege the allegations of paragraphs 1
through 19 as iffully stated herein.
21. That an agreement was made by and between the third-party plaintiffand
third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.)
pursuant to which the third-party defendant was required to secure liabilityinsurance in
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favor of or for the benefit of plaintiffs for loss or damages sustained third-
third-party by
party plaintiffs under the agreement and arising within the scope of the agreement and
undertaking of third-party defendant, The Synod Of The Northeast Of The Presbyterian
Church.
22. That the underlying allegations of plaintiff'scomplaint come within the scope
and intent of the aforesaid agreement and third-party plaintiff is,therefore, to be insured
by third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.)
under the terms and in the amount stated in the agreement.
23. That demand has been or is hereby made upon third-party defendant, The
Synod of the Northeast of The Presbyterian Church (U.S.A.) or its representatives or
agents to undertake the defense and indemnity of defendant/third-party plaintiff West
Park Presbyterian Church pursuant to the terms and amount stated in the agreement.
24. That by reason of the foregoing, third-party defendants, The Synod of the
No1theast of The Presbyterian Church (U.S.A.) willbe liable under contract or breach of
contract to the defendant/third-party plaintiff by way of indemnification and or contribution,
in the event and in the fullamount of a recovery hereby by the plaintiff up to the amount
of the requisite insurance coverage stated in the agreement and the third-party defendant
is bound to pay any and allattorney's fees and costs of investigation and disbursement.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT
PRESBYTERY OF NEW YORK CITY
25. That third-party plaintiffs repeat and reaflege the allegations of paragraphs
1 through 24, as iffully stated herein,
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26. That ifthe plaintiff was caused to sustain damages in the manner and at the
time and place set forth in the plaintiffs complaint through any carelessness,
recklessness, or negligence other than plaintiffs own carelessness, recklessness and
negligence, that same was brought about and sustained by reason of the carelessness,
recklessness, negligence and/or acts or omission or commission by third-party defendant,
Presbytery of New York City itsagents, servants and/or employees; and ifany judgment
is recovered by the plaintiff against the defendant/third-party plaintiff West Park
Presbyterian Church, they will be damaged thereby and the third-party defendant,
Presbytery of New York City is or willbe responsible therefore in whole or in part.
27 That if plaintiff was caused to suffer injuries as alleged in the plaintiffs
complaint, then such injuries were directly caused by the carelessness, recklessness,
negligence and/or breach of duty of third-party defendant, Presbytery of New York City
its agents, servants and/or employees, in its inspecting, maintaining, managing,
supervising and controlling the elevator at and/or before the time of the alleged accident.
28. That by reason of the foregoing, third-party defendant, and Presbytery of
New York City will be liable to the defendant/third-party plaintiffby way of indemnification
and or contribution, in the event and in the fullamount of a recovery hereby by the plaintiff
or for that portion thereof caused by the relative responsibility of the third-party defendant,
and the third-party defendant is bound to pay any and all attorney's fees and costs of
investigation and disbursement,
AS AND FOR A SECOND CAUSE OF ACTION AGAINSTHIRD-PARTYDEFENDANT
PRESBYTERY OF NEW YORK CITY
29. That third-party plaintiffs repeat and reallege the allegations of paragraphs
1 through 28, as iffully stated herein.
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30. That an agreement was made by and between the third-party plaintiffand
third-party defendant, Presbytery of New York City pursuant to which the third-party
defendant was required to indemnify third-party plaintiff for loss or damages sustained by
third-party plaintiff under the agreement and arising within the scope of the agreement
and undertaking of third-party defendant.
31. That the underlying allegations of plaintiff'scomplaint come within the scope
and intent of the aforesaid agreement and third-party plaintiffs are, therefore, to be
indemnified and heid harmless by third-party defendant, Presbytery of New York City.
32. That demand has been or is hereby made upon third-party defendant,
Presbytery of New York City or its representatives or agents to undertake the defense
and indemnity of third-party plaintiff pursuant to the agreement.
33. That by reason of the foregoing, third-party defendant, Presbytery of New
York City will be liable under contract or breach of contract to the defendant/third-party
plaintiff West Park Presbyterian Church by way of indemnification and or contribution, in
the event and in the fullamount of a recovery hereby by the plaintiff or for that portion
thereof caused the relative of the and the third-
by responsibility third-party defendant,
party defendant is bound to pay any and allattorney's fees and costs of investigation and
disbursements.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST
THIRD-PARTY DEFENDANT PRESBYTERY OF NEW YORK CITY
34. That third-party plaintiff repeat and reallege the allegations of paragraphs 1
through 33 as iffully stated herein.
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35. That an agreement was made by and between the third-party plaintiff and
third-party defendant, Presbytery of New York City pursuant to which the third-party
defendant was required to secure insurance in favor of or for the benefit of third-
liability
party plaintiff for loss or damages sustained by third-party plaintiff under the agreement
and arising within the scope of the agreement and undertaking of third-party defendant,
Presbytery of New York City.
36. That the underlying allegations of plaintiff's complaint come within the scope
and intent of the aforesaid agreement and third-party plaintiff is, therefore, to be insured
by third-party defendant, Presbytery of New York City under the terms and in the amount
stated in the agreement.
37. That demand has been or is hereby made upon third-party defendant,
Presbytery of New York City or its representatives or agents to undertake the defense
and indemnity of defendant/third-party plaintiffWest Park Presbyterian Church pursuant
to the terms and amount stated in the agreement.
38. That by reason of the foregoing, third-party defendant, Presbytery of New
York City will be liable under contract or breach of contract to the defendant/third-party
plaintiff by way of indemnification and or contribution, in the event and in the fullamount
of a recovery hereby by the plaintiff up to the amount of the requisite insurance coverage
stated in the agreement and the third-party defendant is bound to pay any and all
attorney's fees and costs of investigation and disbursement.
WHEREFORE, the defendant/third-party plaintiffWest Park Presbyterian Church
demand judgment on the complaint herein as with costs and disbursements; and further
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demand that the ultimate rights of the defendant/third-party plaintiff West Park
Presbyterian Church and the third-party defendants as between themselves be
determined in this action and that the defendant/third-party plaintiff West Park
Presbyterian Church has judgment over and against the third-party defendant for all or
that portion of any verdict or judgment which may be obtained herein by plaintiffagainst
the defendant/third-party plaintiff West Park Presbyterian Church to the extent that the
responsibility of the third-party defendants contributed thereto together with costs and
disbursements of this action plus all attorney's fees and all other costs herein.
Dated: New York, New York
December 13, 2017
GANNONROSENFARB& DROSSMAN
I,
by: u.x
Tara Bonomo
Attomey for Defendants
Gardens 75th St. Owners Corp.,
incorrectly s/h/a Garden 75 St.
Owners Corp., and The Argo
Corporation
120 Broadway, 17th Floor
New York, New York 10271
(212) 655-5000
TO:
LANGSAM LAW LLP
Attorneys for Plaintiff
217 Broadway, Suite 606
New York, New York 10007
(212) 742-2700
CORPORATION COUNSEL FOR THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
Attn: Law Dept.
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Law Offices of James J. Toomey
Attorneys for Defendant
The Presbyterian Church (U.S.A.), A Corporation
f/k/a The United Presbyterian Church,
In the United States of America, A Corporation
75
485 Lexington Avenue, Floor
New York, New York 10017
VIA SECRETARY OF STATE
THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH (U.S.A.)
5811 Heritage Landing Drive
East Syracuse, New York 13057-9360
Atnn: Rev. Dr. Robert H. White, Jr.
VIA SECRETARY OF STATE
PRESBYTERY OF NEW YORK CITY
475 Riverside Drive, Suite 1600
New York, New York 10115
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
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FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 : RECEIVED NYSCEF: 12/22/2017 FILED: NEW YORK COUNTY LERK RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 17-4805 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - --- - -- ---- - ---- - - -- - - ---- --- -- - -- x Index No.: 154684/2017 ELLEN GlLMAN, : Plaintiff, THIRD PARTY SUMMONS -against- THE CITY OF NEW YORK, THE UNITED . PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICA, A CORPORATION : and WEST PARK PRESBYTERIAN CHURCH, : : Defendants. ---------- ---- -------------------- WEST PARK PRESBYTERIAN CHURCH Third-Party Plaintiff, : -against . THE SYNOD OF THE NORTHEAST OF THE : PRESBYTERIAN CHURCH and : PRESBYTERY OF NEW YORK CITY, : : Third-Party Defendants. x _ ___ - __ _ __ - - -__ _ -- - .- __ - -_____-- -- To the Above Named Third-Party Defendants: YOU ARE HEREBY SUMMONED in a civilaction in the Supreme Court of The State Of New York, instituted by the above named Third-Party Plaintiffs, and required to serve upon the above named attorney for Third-Party Plaintiffs, whose name and address appear below, an Answer to the annexed Third-Party Complaint within 20 (twenty) days after service of the Third-Party Summons and Third-Party Complaint upon you, exclusive of the day of service (or within 30 days after service is complete ifthis summons is not personally delivered to you within the State of New York). Ifyou failto answer, judgment by default may be rendered against you for the relief demanded in the Third-Party Complaint. Place of Trial: New York County Basis of Venue: Plaintiff's residence Dated: December 23, 2017 1 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 yr - NEW Y RK Y E • INDEX NO. 154684/2017 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/13/2017 GANNON ROSElpFARB 8 DROSSMAN 1 / by: j TAra Bonomo Attorneys for Defendant West Park Presbyterian Church 100 William 7th Street, Floor New York, New York 10038 (212) 655-5000 TO: LANGSAM LAW LLP Attorneys for Plaintiff 217 Broadway, Suite 606 New York, New York 10007 (212) 742-2700 CORPORATION COUNSEL FOR THE CITY OF NEW YORK 100 Church Street New York, New York 10007 Attn: Law Dept. Law Offices of James J. Toomey Attorneys for Defendant The Presbyterian Church (U.S.A.), A Corporation f/k/a The United Presbyterian Church, In the United States of America, A Corporation 485 Lexington 7th Avenue, Floor New York, New York 10017 VlA SECRETARY OF STATE THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH (U.S.A.) 5811 Heritage Drive Landing East Syracuse, New York 13057-9360 Atnn: Rev. Dr. Robert H. Jr. White, VIA SECRETARY OF STATE PRESBYTERY OF NEW YORK CITY 475 Riverside Drive, Suite 1600 New York, New York 10115 2 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED INDEX NYSCEF: NO. 12/22/2017 154684/2017 ILED: Y : P DOC. NO. 32 RECEIVED NYSCEF: 12/13/2017 NYSCEF SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -- -- -- - - -- - - - - -- - - -- x ELLEN GILMAN, : Index No.: 154684/2017 Plaintiff, -against- THE CITY OF NEW YORK, THE UNITED VERIFIED THIRD-PARTY PRESBYTERIAN CHURCH, IN THE : COMPLAINT UNITED STATES OF AMERICA, A CORPORATION and WEST PARK : PRESBYTERIAN CHURCH, : Defendants. -- - __ _ __ _ _ _ -- - -- ..- -- ___ ___ __ WEST PARK PRESBYTERIAN CHURCH : Third-Party Index No. Third-Party Plaintiffs, : -against- . THE SYNOD OF THE NORTHEAST OF : Date Filed: THE PRESBYTERIAN CHURCH and PRESBYTERY OF NEW YORK CITY, Third-Party Defendants __-- __ - - _____ - __ ___ -__ _______ X The plaintiff West defendant/third-party Park Presbyterian Church, by their attorneys, Gannon Rosenfarb 8 as and Drossman, for a third-party complaint against the third-party defendants, The Synod of the Northeast of The Presbyterlan Church (U.S.A.) and Presbytery of New York City respectfully alleges upon information and belief: 1. That the plaintiff commenced an action against the defendant/third-party plaintiff West Park Presbyterian the Church, by service of a verified complaint on or about May 18, 2107 and by service of a supplemental summons and amended verified complaint on or about June 2017. A 28, copy of said verified complaint and the 3 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 (5hf\b M •M•(eTEifü ek à ½d M VSAGcFM•MrMekEVkE ü3 INDEX NO. 154684/2017 NY SCEF DOC. NO. 32 RECEIVED NYSCEF: 12/13/2017 supplemental summons and amended verified complaint are annexed hereto as Exhibit "A". A copy of the Verified Answer interposed on behalf of the defendant/third-party plaintiff West Park Presbyterian Church served on or about August 23, 2017 is annexed hereto as Exhibit "B". 2. That at alltimes herein mentioned, third-party defendants, The Synod of the Northeast of The Presbyterian Church (U.S.A.) and of New York Presbytery City was and are domestic corporations organized and in the State existing of New York in accordance with its laws. 3, That at ali times herein mentioned, third-party defendants, The Synod of the Northeast of The Presbyterian Church (U.S.A.) and of New York Presbytery City was and are duly organized foreign corporation doing business in the State of New York. 4. That at alltimes herein mentioned, third-party defendants, The Synod of the Northeast of The Presbyterian Church (U.S.A.) and of New Presbytery York City did and/or solicited business in the State of New York. 5. That at alltimes herein mentioned, third-party defendants, The of Synod the Northeast of The Presbyterian Church (U.S.A.) and of New York Presbytery City had their principal place of business in the State of New York. 6. That at all times herein mentioned, third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) operated a business located at premises known as 5811 Heritage Landing Drive, East Syracuse, New York. 7. That at all times herein mentioned, third-party defendant, of New Presbytery York City operated a business located at premises known as 475 Riverside Drive, Suite 1600, New York, New York. 4 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 TNDEX No. 154684 /2017 M'ZïIfFE•T•Tem LERK PEA AcF#IsimGrMe1cEnrA:M•Z FILED: RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 8. That at all times herein mentioned, third-party defendants, The Synod of the Northeast of The Presbyterian Church (U.S.A.) and Presbytery of New York City were duly organized proprietorship existing and doing business under the laws of the State of New York. 9. That at all times herein mentioned, third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) operated a business located at premises known as 5811 Heritage Landing Drive, East Syracuse, New York. 10. That at all times herein mentioned, third-party defendant, Presbytery of New York City operated a business located at premises known as 475 Riverside Drive, Suite 1600, New York New York. 11. That plaintiff in her complaint alleges that on November 21, 2016 she was caused to trip and fall as a result at the premises located at northeast corner of 865 New Amsterdam and Street, York, New York. AS AND FOR AFIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH 12. That third-party plaintiffs repeat and reallege the allegations of paragraphs 1 through 11, as iffully stated herein. 13. That ifthe plaintiff was caused to sustain damages in the manner and at the time and place set forth in the plaintiff's complaint through any carelessness, recklessness, or negligence other than plaintiffs own carelessness, recklessness and negligence, that same was brought about and sustained by reason of the carelessness, recklessness, negligence and/or acts or omission or commission by third-party defendant, The Synod of the Northeast of The Presbyterlan Church (U.S.A.) its agents, servants and/or employees; and if any judgment is recovered by the plaintiff against the 5 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 /2017 INDEX No. 154684 liiRW•HTiW•T•TM•TMPEk5cYMeitrMekEVRM.g UMTY LERK RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 defendant/third-party plaintiff West Park Presbyterian Church, they will be damaged thereby and the third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) is or will be responsible therefore in whole or in part. 14. That if plaintiff was caused to suffer injuries as alleged in the plaintiffs complaint, then such injuries were directly caused by the carelessness, recklessness, negligence and/or breach of duty of third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) itsagents, servants and/or employees, in itsinspecting, maintaining, managing, supervising and controlling the elevator at and/or before the time of the alleged accident. 15. That by reason of the foregoing, third-party defendants, The Synod of the Northeast of The Presbyterian Church (U.S.A.) will be liable to the defendant/third-party plaintiff by way of indemnification and or contribution in the event and in the fullamount of a recovery hereby by the plaintiff or for that portion thereof caused by the relative responsibility of the third-party defendant, and the third-party defendant is bound to pay any and all attorney's fees and costs of investigation and disbursement. AS AND FOR A SECOND CAUSE OF ACTION AGAINST THIRD-PARTY DFEFENDANTTHESYNOD OF THENORTHEAST OF THE PRESBYTERIAN CHURCH 16. That third-party plaintiff repeats and realleges the allegations of paragraphs 1 through 15, as iffully stated herein. 16. That an agreement was made by and between the third-party plaintiff and third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) pursuant to which the third-party defendant was required to indemnify third-party plaintiff 6 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVEDNO. NYSCEF: 12/22/2017 154684/2017 • INDEX • ggg Y RK y CLE D: RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. No. ~ 32 for loss or damages sustained by third-party plaintiff under the agreement and arising within the scope of the agreement and undertaking of third-party defendant. 17. That the underlying allegations of plaintiff'scomplaint come within the scope and intent of the aforesaid agreement and third-party plaintiffs are, therefore, to be indemnified and held harmless by third-party defendant, The Synod Of The Northeast Of The Presbyterian Church 18. That demand has been or is hereby made upon third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) or its representatives or agents to undertake the defense and indemnity of third-party plaintiff pursuant to the agreement. 19. That by reason of the foregoing, third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) will be liable under contract or breach of contract to the defendant/third-party plaintiff West Park Presbyterian Church by way of indemnification and or contribution, in the event and in the full amount of a recovery hereby by the plaintiff or for that portion thereof caused by the relative responsibility of the third-party defendant, and the third-party defendant is bound to pay any and all attorney's fees and costs of investigation and disbursements. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH 20. That third-party plaintiff repeat and reallege the allegations of paragraphs 1 through 19 as iffully stated herein. 21. That an agreement was made by and between the third-party plaintiffand third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) pursuant to which the third-party defendant was required to secure liabilityinsurance in 7 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED INDEX NO.NYSCEF: 12/22/2017 154684/201.7 gIgg. Oggspy ggg 12/13/2017 RECEIVED NYSCEF: NYSCEF DOC. No. 32 favor of or for the benefit of plaintiffs for loss or damages sustained third- third-party by party plaintiffs under the agreement and arising within the scope of the agreement and undertaking of third-party defendant, The Synod Of The Northeast Of The Presbyterian Church. 22. That the underlying allegations of plaintiff'scomplaint come within the scope and intent of the aforesaid agreement and third-party plaintiff is,therefore, to be insured by third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) under the terms and in the amount stated in the agreement. 23. That demand has been or is hereby made upon third-party defendant, The Synod of the Northeast of The Presbyterian Church (U.S.A.) or its representatives or agents to undertake the defense and indemnity of defendant/third-party plaintiff West Park Presbyterian Church pursuant to the terms and amount stated in the agreement. 24. That by reason of the foregoing, third-party defendants, The Synod of the No1theast of The Presbyterian Church (U.S.A.) willbe liable under contract or breach of contract to the defendant/third-party plaintiff by way of indemnification and or contribution, in the event and in the fullamount of a recovery hereby by the plaintiff up to the amount of the requisite insurance coverage stated in the agreement and the third-party defendant is bound to pay any and allattorney's fees and costs of investigation and disbursement. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PRESBYTERY OF NEW YORK CITY 25. That third-party plaintiffs repeat and reaflege the allegations of paragraphs 1 through 24, as iffully stated herein, 8 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED INDEX NYSCEF: NO. 12/22/2017 154684/2017 |FILED : NEW YORK COUNTY CLERK 12 / 13/2017 03:29 PNG RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 26. That ifthe plaintiff was caused to sustain damages in the manner and at the time and place set forth in the plaintiffs complaint through any carelessness, recklessness, or negligence other than plaintiffs own carelessness, recklessness and negligence, that same was brought about and sustained by reason of the carelessness, recklessness, negligence and/or acts or omission or commission by third-party defendant, Presbytery of New York City itsagents, servants and/or employees; and ifany judgment is recovered by the plaintiff against the defendant/third-party plaintiff West Park Presbyterian Church, they will be damaged thereby and the third-party defendant, Presbytery of New York City is or willbe responsible therefore in whole or in part. 27 That if plaintiff was caused to suffer injuries as alleged in the plaintiffs complaint, then such injuries were directly caused by the carelessness, recklessness, negligence and/or breach of duty of third-party defendant, Presbytery of New York City its agents, servants and/or employees, in its inspecting, maintaining, managing, supervising and controlling the elevator at and/or before the time of the alleged accident. 28. That by reason of the foregoing, third-party defendant, and Presbytery of New York City will be liable to the defendant/third-party plaintiffby way of indemnification and or contribution, in the event and in the fullamount of a recovery hereby by the plaintiff or for that portion thereof caused by the relative responsibility of the third-party defendant, and the third-party defendant is bound to pay any and all attorney's fees and costs of investigation and disbursement, AS AND FOR A SECOND CAUSE OF ACTION AGAINSTHIRD-PARTYDEFENDANT PRESBYTERY OF NEW YORK CITY 29. That third-party plaintiffs repeat and reallege the allegations of paragraphs 1 through 28, as iffully stated herein. 9 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 INDEX NO. 154684/2017 : FIS : NEW C Y LE RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 30. That an agreement was made by and between the third-party plaintiffand third-party defendant, Presbytery of New York City pursuant to which the third-party defendant was required to indemnify third-party plaintiff for loss or damages sustained by third-party plaintiff under the agreement and arising within the scope of the agreement and undertaking of third-party defendant. 31. That the underlying allegations of plaintiff'scomplaint come within the scope and intent of the aforesaid agreement and third-party plaintiffs are, therefore, to be indemnified and heid harmless by third-party defendant, Presbytery of New York City. 32. That demand has been or is hereby made upon third-party defendant, Presbytery of New York City or its representatives or agents to undertake the defense and indemnity of third-party plaintiff pursuant to the agreement. 33. That by reason of the foregoing, third-party defendant, Presbytery of New York City will be liable under contract or breach of contract to the defendant/third-party plaintiff West Park Presbyterian Church by way of indemnification and or contribution, in the event and in the fullamount of a recovery hereby by the plaintiff or for that portion thereof caused the relative of the and the third- by responsibility third-party defendant, party defendant is bound to pay any and allattorney's fees and costs of investigation and disbursements. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT PRESBYTERY OF NEW YORK CITY 34. That third-party plaintiff repeat and reallege the allegations of paragraphs 1 through 33 as iffully stated herein. 10 af 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 • INDEX No. 154684/2017 • RK 0 y Lggg P FILED: RECEIVED NYSCEF: 12/13/2017 NYSCEF DOC. NO. 32 35. That an agreement was made by and between the third-party plaintiff and third-party defendant, Presbytery of New York City pursuant to which the third-party defendant was required to secure insurance in favor of or for the benefit of third- liability party plaintiff for loss or damages sustained by third-party plaintiff under the agreement and arising within the scope of the agreement and undertaking of third-party defendant, Presbytery of New York City. 36. That the underlying allegations of plaintiff's complaint come within the scope and intent of the aforesaid agreement and third-party plaintiff is, therefore, to be insured by third-party defendant, Presbytery of New York City under the terms and in the amount stated in the agreement. 37. That demand has been or is hereby made upon third-party defendant, Presbytery of New York City or its representatives or agents to undertake the defense and indemnity of defendant/third-party plaintiffWest Park Presbyterian Church pursuant to the terms and amount stated in the agreement. 38. That by reason of the foregoing, third-party defendant, Presbytery of New York City will be liable under contract or breach of contract to the defendant/third-party plaintiff by way of indemnification and or contribution, in the event and in the fullamount of a recovery hereby by the plaintiff up to the amount of the requisite insurance coverage stated in the agreement and the third-party defendant is bound to pay any and all attorney's fees and costs of investigation and disbursement. WHEREFORE, the defendant/third-party plaintiffWest Park Presbyterian Church demand judgment on the complaint herein as with costs and disbursements; and further 11 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 Y CLE INDEX NO. 154684/2017 ILED : RK : NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 12/13/2017 demand that the ultimate rights of the defendant/third-party plaintiff West Park Presbyterian Church and the third-party defendants as between themselves be determined in this action and that the defendant/third-party plaintiff West Park Presbyterian Church has judgment over and against the third-party defendant for all or that portion of any verdict or judgment which may be obtained herein by plaintiffagainst the defendant/third-party plaintiff West Park Presbyterian Church to the extent that the responsibility of the third-party defendants contributed thereto together with costs and disbursements of this action plus all attorney's fees and all other costs herein. Dated: New York, New York December 13, 2017 GANNONROSENFARB& DROSSMAN I, by: u.x Tara Bonomo Attomey for Defendants Gardens 75th St. Owners Corp., incorrectly s/h/a Garden 75 St. Owners Corp., and The Argo Corporation 120 Broadway, 17th Floor New York, New York 10271 (212) 655-5000 TO: LANGSAM LAW LLP Attorneys for Plaintiff 217 Broadway, Suite 606 New York, New York 10007 (212) 742-2700 CORPORATION COUNSEL FOR THE CITY OF NEW YORK 100 Church Street New York, New York 10007 Attn: Law Dept. 12 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF mDOC.- NO. NYSCEF NEW 52 Y RK Y LE • RECEIVED INDEX NYSCEF: NO. 12/22/2017 154684/2017 DOC. NO. 32 RECEIVED NYSCEF: 12/13/2017 Law Offices of James J. Toomey Attorneys for Defendant The Presbyterian Church (U.S.A.), A Corporation f/k/a The United Presbyterian Church, In the United States of America, A Corporation 75 485 Lexington Avenue, Floor New York, New York 10017 VIA SECRETARY OF STATE THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH (U.S.A.) 5811 Heritage Landing Drive East Syracuse, New York 13057-9360 Atnn: Rev. Dr. Robert H. White, Jr. VIA SECRETARY OF STATE PRESBYTERY OF NEW YORK CITY 475 Riverside Drive, Suite 1600 New York, New York 10115 13 of 14 FILED: NEW YORK COUNTY CLERK 12/22/2017 11:53 AM INDEX NO. 154684/2017 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 12/22/2017 FILED : NEW Y RK Y L RK : I NDEX NO. 154684/2017 NYS CEF DOC . NO. 32 RE CE IVE D NY SCE F : 12/13/2017 ATTORNEY'S VERIFICATION STATE OF NEW YORK )