Preview
FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018
LO32795001
JLS/cj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------X IndeX No. 154454./2018
ISIDRO ORELLANA,
Plaintiff ANSWER,
'
DEMAND FOR VERIFIED
BILL OF PARTICULARS
-against-
AND
COMBINED DEMAND FOR
4260 BROADWAY REALTY LLC, 4262 BROADWAY DISCOVERY AND
INSPECTION
CONDOMINIUM, CITADEL PROPERTY
MANAGEMENT CORP., AARON SANKO AND
MARK ELMAN,
Defendants.
____-..--.....---------------------------X
The Defendants, 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY
CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO, and
MARK ELMAN answering the complaint, upon information and belief, by the Law Office of
MARGARET G. KLEIN & ASSOCIATES, as attorney:
ANSWERING THE FIRS T CAUSE OF ACTION:
1. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contaiñed in paragraphs of the complaint numbered "1", "2", "3", "4", "5",
"7"
"6", and "8".
2. Deny each and every allegation contained in paragraphs of the complaint
"9"
numbered and "11", except admits that defendant 4260 BROADWAY CONDOMINIUM
i/s/h/a4262 BROADWAY CONDOMINIUM, was and stillis an association of the owners of the
individual units at the condominium.
3. Deny each and every allegation contained in paragraphs of the complaint
"10" "36"
numbered "17", "18", "23", "28", "34", "35", and "37".
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4. Deny each and every allegation contained in paragraph(s) of the complaint
numbered "12", "13", "14", "15", "19", "20", "21", "22", "24", "25", "26", "27", "29", "30",
"32"
"31", and "33", except these answering defendants respectfully leave all conclusions of
law to determination by the Court.
5. Admit each and every allegation contained in paragraphs of the complaint
"16"
numbered .
AS A FIRST AFFIRMATIVE DEFENSE:
6. Any damages sustained the plaintiff were caused the comparative
by by
negligence of the plaintiff, including breach of contract and not by the negligence of this/these
answering defendants. If a verdict or judgment is awarded to the plaintiff, then and in that event
the damages shall be reduced in the proportion which the comparative negligence of the plaintiff
caused the damages.
AS A SECOND AFFIRMATIVE DEFENSE:
7. Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative services,
loss of earnings or other economic loss, have been or will be replaced or indemnified with
reasonable certainty in whole or in part from insurance benefits, Social Security benefits,
Workers'
Compensation benefits, disability benefits, employee benefits programs and any other
similar source, related to or occasioned by the injury, disease or condition for which the plaintiff
seeks damages in this action.
8. If any damages are recoverable against the answering defendants, the amount of
such damages shall be diminished by the amount of the funds which plaintiff has/have or shall
receive from such collateral source.
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AS A THIRD AFFIRMATIVE DEFENSE:
9. Whatever injuries and/or dañiages were sustained by the plaintiff at the time and
place alleged in the complaiñt, were due to the acts of parties over whom the answering
defendants was/were not obligated to exercise any control or supervision.
AS A FOURTH AFFIRMATIVE DEFENSE:
10. Upon information and belief, plaintiff failed to take all steps necessary and proper
to mitigate the damages allegedly suffered.
AS A FIFTH AFFIRMATIVE DEFENSE:
11. If these answering defendants are found liable for the occurrence and for damages
alleged in the complaint or any part thereof, and if the share of liability of this/each answering
defendant is 50% or less of the total liability assigned to all persons liable, pursuant to Section
1601 of the Civil Practice Law and Rules, the liability of this/each answering defendants, if any,
for non-economic loss shall not exceed the equitable share of answering defendants determined
in accordance with the relative culpability to the total liability for the non-economic loss alleged
herein by plaintiff.
AS A SIXTH AFFIRMATIVE DEFENSE:
12. If injuries and damages were sustained by the plaintiff at the time and place and
in the maññer alleged in the complaint, third persons are responsible for such injuries and
damages.
AS AND FOR A FIRST CROSS-COMPLAINT AGAINST
DEFENDANT 4260 BROADWAY REALTY LLC :
13. If the plaintiff was caused to sustain injuries and damages at the time and place
and in the manner alleged in the complaint through any carelessness, recklessness and negligence
other than the plaintiffs own carelessness, recklessness and negligence, said injuries and
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damages were caused by reason of the carelessness, recklessness negligence-and/or affirmative
acts of omission or commission by each party against whom this cross-complaint is pleaded and
the agents, servants and/or employees of each such party, and if any judgment is recovered herein
by the plaintiff against the defendants asserting this cross-complaint, the said defeñdants will be
damaged thereby and each party against whom this cross-complaint is pleaded is or will be
responsible therefor.
14. By reason of the foregoing, each party against whom this cross-complaint is
pleaded will be liable to and bound to indemnify the defendants asserting the same in the event of
a recovery herein by the plaintiff against the defendants asserting this cross-complaint and bound
to pay to the defendants asserting this cross-complaint the full amount of such recovery against
attorneys'
the said defendants asserting this cross-complaint and all fees, costs of investigation
and disbursements.
15. and reason of the each against whom this cross-
Alternatively by foregoing, party
complaint is pleaded, on the basis of apportioñmêñt of responsibility for the alleged occurrence,
will be liable to contribute to the verdict or judgment recovered against the said defendants
asserting this cross-complaint.
AS AND FOR A FIRST CROSS-COMPLAINT AGAINST
DEFENDANT 4260 BROADWAY REALTY LLC :
16. Prior to the date of the occurrence alleged in the complaint of the plaintiff, the
cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262
BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON
SANKO and MARK ELMAN and defendant 4260 BROADWAY REALTY LLC, entered into
a contract for valuable consideration whereby defendant 4260 BROADWAY REALTY LLC
agreed to indeninify and hold harmless the cross-complaining defeñdañts 4260 BROADWAY
CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY
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MANAGEMENT CORP., AARON SANKO and MARK ELMAN against claims and causes of
action such as the claims and causes of action which are asserted in this action by the plaintiff
and the said agreement was in full force and effect as of the date of the alleged occurrence which
is the subject of the complaint herein.
17. By reason of the foregoing, defendant 4260 BROADWAY REALTY LLC is or
will be liable to the cross-complaining defendants 4260 BROADWAY CONDOMINIUM
i/s/h/a 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT
CORP., AARON SANKO and MARK ELMAN and bound to indemnify the cross-complaining
defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY
CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and
MARK ELMAN, for the amount of any judgment or verdict that may be recovered herein by the
plaintiff against the cross-complaining defendants 4260 BROADWAY CONDOMINIUM
i/s/h/a 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT
CORP., AARON SANKO and MARK ELMAN.
AS AND FOR A THIRD CROSS-COMPLAINT AGAINST
. DEFENDANT 4260 BORADWAY REALTY LLC
18. Prior to the date of the alleged occurrence which is the subject of this action,
defendant 4260 BORADWAY REALTY LLC, agreed to obtain and maintain for the benefit of
the defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY
CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and
MARK ELMAN, a policy of liability insurance insuring the said defendants against claims such
as that which are asserted in this action against said defendants.
19. Upon information and belief, defendant 4260 BORADWAY REALTY LLC
breached the said agreement by failing to obtain and maintain such a policy of insurance, and ifand
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to the extent that the plaintiff shall recover against the defendsts 4260 BROADWAY
CONDOMINIUM, i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY
MANAGEMENT CORP. and AARON SANKO the said defendants have been damaged thereby
and are entitled to be indemnified by defendant 4260 BORADWAY REALTY LLC .
WHEREFORE, the defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262
BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON
SANKO and MARK ELMAN demand judgment dismissing the complaint herein with costs or,
alternatively, if the complaint shall not be dismissed, that the amount of damages otherwise
recoverable against said defendants shall be diminished in the proportion which the culpable
conduct attributable to the plaintiff bears to the culpable conduct, if any, of said defendants and
further demand that the ultimate rights of the defendants in this action as amongst themselves be
determined in this action, and that the cross-complaining defendants 4260 BROADWAY
CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY
MANAGEMENT CORP., AARON SANKO and MARK ELMAN, have judgment over and
against defendant 4260 BROADWAY REALTY LLC, for the amotmt of any verdict or judgment
which may be obtained against said cross-compkining defendants 4260 BROADWAY
CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY
MANAGEMENT CORP., AARON SANKO and MARK ELMAN, or, alternatively, for
contribution toward such verdict or judgment on the basis of apportionment of responsibility,
attorneys'
together with the costs and disbursements of this action plus any and all fees, and all
other costs and disbursements in this action.
Dated: New York, New York
August 23, 2018
Yours, etc.
LAW OFFICE OF
MARGARET G. KL IN & ASSOCIATES
Y: JE A ULEYMANOV
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Attorney for Defendants
4260 BROADWAY CONDOMINIUM i/s/h/a 4262
BROADWAY CONDOMINIUM, CITADEL
PROPERTY MANAGEMENT CORP., AARON
SANKO and MARK ELMAN
Office & P. O. Address
200 Madison Avenue, 2nd Floor
New York, New York 10016
(646) 392-9250
TO:
SUBIN ASSOCIATES, LLP
Attorney For Plaintiff: ISIDRO ORELLANA
150 - 23rd Floor
Broadway
New York, NY 10038
Phone: (212) 285-3800
Fax: (347) 771-8204
4260 BROADWAY REALTY LLC
Defendant
c/o Peter Skeadas
610 West Hartsdale Avenue
White Plains, NY 10607
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Orcllanav. 4260 BroadwayRealtyLLC et al,
Our File No.:
L032795001
VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
Ha th. , being duty sworn, deposeg and says that
(s)he is the A n{ 5r c of ra ilw)Joy fo« wwnthe
corporation narned in thg within entitled action; (s)he has read the foregoing ANSWER.AND
CROSS COMPLAINT and thows the contents thereof, and thatthe same istrue to his/her own
knowledge; except as to the matters therein stated tò be alleged upon information and belief,
and as to those matters (s)he believes them to he true,
Deponent further says that the reason this verification ismade by deponent and
not by the defendant is because the said defendant is a domestic business corporation, and
deponent ariofficer thereof, to win its
Sworn to before me this
I day of AvA«r 2418
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LO32795001
JLS/cj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------ -------------------------------------X
ISIDRO ORELLANA ,
Index No.: 154454./2018
Plaintiff,
- against NOTICE OF
CERTIFICATION
4260 BROADWAY REALTY LLC, 4262
BROADWAY CONDOMINIUM, CITADEL
PROPERTY MANAGEMENT CORP., AARON
SANKO AND MARK ELMAN,
Defendants.
------------------------------------ x
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a(a), to the
best of the undersigned's knowledge, information and belief, the following papers:
• Verified answer, (cross-complaint)
• Demand for verified bill of particulars and combined demañd for discovery &
inspection
• Demand for disclosure as to Medicare pursuant to the SCHIP EXTENSION ACT OF
2007
• Demand for prior or subsequent injury
• Notice to take deposition
• Notice of intent to conduct physical/mental examination
• Notice service means of electronic or facsimile transmittal,
declining by
• Notice to preserve evidence
• Demand pursuant to Rule CPLR
2103(e)
• Demand pursuant to Rule 3120 CPLR
• Request for supplemental demand for relief
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and/or contentions contained therein, are in accordance with the Rules pertaining to this certification.
Dated: New York, New York
August 23, 2018
Yours, etc.
LAW OFFICE OF
MARGARET G. KLEIN & ASSOCIATES
Jf SICA L. SUL YMANOV
Attorney for Defendants
4260 BROADWAY CONDOMINIUM i/s/h/a 4262
BROADWAY CONDOMINIUM, CITADEL
PROPERTY MANAGEMENT CORP., AARON
SANKO and MARK ELMAN
Office & P. O. Address
200 Madison Avenue
New York, New York 10016
(646) 392-9250
TO:
SUBlN ASSOCIATES, LLP
Attorney For Plaintiff: Isidro Orellana
150 - 23rd Floor
Broadway
New York, NY 10038
Phone: (212) 285-3800
Fax: (347) 771-8204
4260 BROADWAY REALTY LLC
Defendant
c/o Peter Skeadas
610 West Hartsdale Avenue
White Plains, NY 10607
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LO32795001
JLS/cj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ISIDRO ORELLANA, Index No. 154454./2018
Plaintiff,
-against-
DEMAND FOR VERIFIED
4260 BROADWAY REALTY 4262 BROADWAY BILL OF PARTICULARS
LLC,
CONDOMINIUM, CITADEL PROPERTY
MANAGEMENT CORP., AARON SANKO AND
MARK ELMAN,
Defendants.
----- --------__--------------------------___--_____.__-X
C O U N S E L:
PLEASE TAKE NOTICE, that in accordance with Section 3041, Rules 3042 and 3043
and Section 3044 of the CPLR, you are hereby required to serve upon the Law Office of
Margaret G. Klein & Associates, located at 200 Madison Avenue, New York, NY 10016 on
SEPTEMBER 28, 2018 at 10:00 a.m, a Verified Bill of Particulars pursuant to the following
demands:
1. State the date and time of day of the occurrence.
2. State the location of the occurrence, giving itsaddress (by number, street, city or
town or if the place of the occurrence had no address, describing itslocation from
fixed geographical sites):
(a) if within a building, give the floor number and the location thereon; street
floor or ground floor to be considered as the firstfloor;
(b) if upon a stairway, set forth the location of the stairway in the premises,
stating between what floors itis situated; also the particular step on said stairway,
counting from the bottom;
(c) ifon the sidewalk, the distance from the nearest intersection and from the curb
and building lines;
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(d) if within an elevator, describe the elevator sufficiently to differentiate itfrom
other elevators in the building.
3. If the plaintiff claims a dangerous, unsafe, or defective condition was the cause of
the occurrence:
(a) describe that condition;
(b) set forth in what maññer the condition described was dangerous, defective
and/or unsafe;
(c) specify the date and time when the condition was caused or created;
(d) set forth the identity of the person or entity who caused or created the
condition.
4. State the manner in which itis claimed the alleged accident occurred.
5. State the acts or omissions constituting the negligence claimed, specifying the
exact date or dates when the alleged acts were committed and, ifthere is more
than one defendant, the acts or omissions of each defendant constituting the
alleged negligence.
6. If actual notice is claimed, set forth:
(a) the name(s) of the person(s) who is/are claimed to have given such notice;
(b) the name(s) of the person(s) to whom notice is claimed to have been given;
(c) whether the notice was written or oral;
(d) the date the notice was given; and
(e) if in writing, provide a true copy thereof.
7. If constructive notice is claimed, set forth the length of time itwill be claimed the
alleged condition existed.
8. State the injuries claimed, giving the location, duration and extent of each and
specifying those claimed to be permanent.
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9. State the length of time plaintiff was confined:
(a) to hospital;
(b) to bed;
(c) to house.
10. The names and addresses of doctors, hospitals and any other medical
providers and dates treatment was rendered.
11. State the length of time plaintiff(s) will claim incapacity from employment.
12. State the following:
(a) vocation of plaintiff(s) at time of alleged occurrence;
(b) name and address of employer;
(c) average weekly earnings;
(d) if self-employed, a detailed statement of how alleged loss of earnings or
income is calculated.
13. If the plaintiff attended school at the time of this incident, provide:
(a) the name of the school;
(b) the plaintiff's grade;
(c) the amount of time missed from school due to the occurrence.
14. Set forth a detailed statement of amounts claimed as special damages, ifany, for:
(a) physician's services;
(b) hospital expenses;
nurses'
(c) services;
(d) medical supplies;
(e) loss of earnings;
(e) any additional or other special damages.
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15. Set forth a true copy of any contract, lease or express warrañty referred to in the
complaint; ifan oral contract, express warranty or lease is claimed, state the
names of the persons who allegedly entered into the same, the date and place the
same was allegedly entered and the substance thereof.
16. If violation of any rule, regulation, code, ordinance, law or statute is claimed,
specify the Chapter, Article, Section and Paragraph of same allegedly violated by
each defendant.
17. With respect to each plaintiff, separately, state:
(a) residence address at time of the alleged occurrence;
(b) residence address at present time;
(c) date of birth;
(d) social security number.
18. If loss or diminution of services, society and/or consortium is claimed, specify
precisely the services, society and/or consortium claimed to have been lost or
diminished, the dates between which loss or dimimition is claimed and the manner
in which the damages claimed have been computed.
IN THE EVENT THAT THE WITHIN CLAIM INCLUDES
A CLAIM FOR VICARIOUS LIABILITY
19. State the basis upon which it isclaimed that defendant is vicariously liable.
20. Specify the acts or omissions of the individual(s) or entity(ies) upon which you
base your claim of vicarious liability.
21. Specify whether or not itis claimed that defenant(s) and said individual(s) or
entity(ies) had:
a) an employer-employee relationship;
b) a principal-agent relationship;
c) an employer-independent contractor relationship;
d) If none of the above, state the nature of the relationship between defendant
and the said individual(s) or entity(ies) allegedly giving rise to vicarious
liability on the part of defendant(s).
22. Specify all acts or omissions of the said individual(s) or entity(ies) which
allegedly caused or contributed to the injury complained of herein.
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23. Do you claim that the defendant(s) had notice, either actual or constructive, of any
facts indicating that the defendant(s) knew or should have known that the said
individual(s) or entity(ies) had engaged in acts or omissions of the same type as
alleged herein prior to the date of the subject occurrence? Ifso, state whether such
notice is actual and/or constructive. If actual notice is claimed, identify the
person(s) by name, title and/or job description, who possessed such actual notice.
If constructive notice is alleged, state the facts upon which such claim is
predicated.
24. Specify any policies and/or provisions allegedly violated which caused and/or
contributed to the injury complaiñed of in connection with the claim of vicarious
liability.
25. Specify any statutes, rules, regulations and/or ordiñances allegedly violated in
connection with the claim of vicarious liability.
PLEASE TAKE FURTHER NOTICE, that unless the above deniañd is complied with
within thirty (30) days, an application will be made to preclude the plaintiff(s) from giving any
evidence in accordance with the aforementioned rules.
Dated: New York, New York
August 23, 2018
Yours, etc.
LAW OFFICE OF
MARGARET G. KLEIN & ASSOCIATES
Is : J ICA . ULEYMANOV
Attorney for Defendants
4260 Broadway Condominium i/s/h/a 4262 Broadway
Condominium, Citadel Property Management Corp.,
Aaron Sanko, Mark Elman
200 Madison Avenue, 2nd Floor
New York, New York 10016
Phone: (646) 392-9250
TO:
SUBIN ASSOCIATES, LLP
Attorney For Plaintiff: Isidro Orellana
150 - 23rd Floor
Broadway
New York, NY 10038
Phone: (212) 285-3800
Fax: (347) 771-8204
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4260 BROADWAY REALTY LLC
Defendant
c/o Peter Skeadas
610 West Hartsdale Avenue
White Plains, NY 10607
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LO32795001
JLS/cj
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______-____-----_______________________________________________x
ISIDRO ORELLANA, Index No. 154454./2018
Plaintiff,
-against-
4260 BROADWAY REALTY LLC, 4262 BROADWAY COMBINED DEMAND
CITADEL PROPERTY FOR DISCOVERY AND
CONDOMINIUM,
INSPECTION
MANAGEMENT CORP., AARON SANKO AND
MARK ELMAN,
Preview
FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 LO32795001 JLS/cj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------X IndeX No. 154454./2018 ISIDRO ORELLANA, Plaintiff ANSWER, ' DEMAND FOR VERIFIED BILL OF PARTICULARS -against- AND COMBINED DEMAND FOR 4260 BROADWAY REALTY LLC, 4262 BROADWAY DISCOVERY AND INSPECTION CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN, Defendants. ____-..--.....---------------------------X The Defendants, 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO, and MARK ELMAN answering the complaint, upon information and belief, by the Law Office of MARGARET G. KLEIN & ASSOCIATES, as attorney: ANSWERING THE FIRS T CAUSE OF ACTION: 1. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contaiñed in paragraphs of the complaint numbered "1", "2", "3", "4", "5", "7" "6", and "8". 2. Deny each and every allegation contained in paragraphs of the complaint "9" numbered and "11", except admits that defendant 4260 BROADWAY CONDOMINIUM i/s/h/a4262 BROADWAY CONDOMINIUM, was and stillis an association of the owners of the individual units at the condominium. 3. Deny each and every allegation contained in paragraphs of the complaint "10" "36" numbered "17", "18", "23", "28", "34", "35", and "37". 1 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 4. Deny each and every allegation contained in paragraph(s) of the complaint numbered "12", "13", "14", "15", "19", "20", "21", "22", "24", "25", "26", "27", "29", "30", "32" "31", and "33", except these answering defendants respectfully leave all conclusions of law to determination by the Court. 5. Admit each and every allegation contained in paragraphs of the complaint "16" numbered . AS A FIRST AFFIRMATIVE DEFENSE: 6. Any damages sustained the plaintiff were caused the comparative by by negligence of the plaintiff, including breach of contract and not by the negligence of this/these answering defendants. If a verdict or judgment is awarded to the plaintiff, then and in that event the damages shall be reduced in the proportion which the comparative negligence of the plaintiff caused the damages. AS A SECOND AFFIRMATIVE DEFENSE: 7. Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss, have been or will be replaced or indemnified with reasonable certainty in whole or in part from insurance benefits, Social Security benefits, Workers' Compensation benefits, disability benefits, employee benefits programs and any other similar source, related to or occasioned by the injury, disease or condition for which the plaintiff seeks damages in this action. 8. If any damages are recoverable against the answering defendants, the amount of such damages shall be diminished by the amount of the funds which plaintiff has/have or shall receive from such collateral source. 2 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 AS A THIRD AFFIRMATIVE DEFENSE: 9. Whatever injuries and/or dañiages were sustained by the plaintiff at the time and place alleged in the complaiñt, were due to the acts of parties over whom the answering defendants was/were not obligated to exercise any control or supervision. AS A FOURTH AFFIRMATIVE DEFENSE: 10. Upon information and belief, plaintiff failed to take all steps necessary and proper to mitigate the damages allegedly suffered. AS A FIFTH AFFIRMATIVE DEFENSE: 11. If these answering defendants are found liable for the occurrence and for damages alleged in the complaint or any part thereof, and if the share of liability of this/each answering defendant is 50% or less of the total liability assigned to all persons liable, pursuant to Section 1601 of the Civil Practice Law and Rules, the liability of this/each answering defendants, if any, for non-economic loss shall not exceed the equitable share of answering defendants determined in accordance with the relative culpability to the total liability for the non-economic loss alleged herein by plaintiff. AS A SIXTH AFFIRMATIVE DEFENSE: 12. If injuries and damages were sustained by the plaintiff at the time and place and in the maññer alleged in the complaint, third persons are responsible for such injuries and damages. AS AND FOR A FIRST CROSS-COMPLAINT AGAINST DEFENDANT 4260 BROADWAY REALTY LLC : 13. If the plaintiff was caused to sustain injuries and damages at the time and place and in the manner alleged in the complaint through any carelessness, recklessness and negligence other than the plaintiffs own carelessness, recklessness and negligence, said injuries and 3 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 damages were caused by reason of the carelessness, recklessness negligence-and/or affirmative acts of omission or commission by each party against whom this cross-complaint is pleaded and the agents, servants and/or employees of each such party, and if any judgment is recovered herein by the plaintiff against the defendants asserting this cross-complaint, the said defeñdants will be damaged thereby and each party against whom this cross-complaint is pleaded is or will be responsible therefor. 14. By reason of the foregoing, each party against whom this cross-complaint is pleaded will be liable to and bound to indemnify the defendants asserting the same in the event of a recovery herein by the plaintiff against the defendants asserting this cross-complaint and bound to pay to the defendants asserting this cross-complaint the full amount of such recovery against attorneys' the said defendants asserting this cross-complaint and all fees, costs of investigation and disbursements. 15. and reason of the each against whom this cross- Alternatively by foregoing, party complaint is pleaded, on the basis of apportioñmêñt of responsibility for the alleged occurrence, will be liable to contribute to the verdict or judgment recovered against the said defendants asserting this cross-complaint. AS AND FOR A FIRST CROSS-COMPLAINT AGAINST DEFENDANT 4260 BROADWAY REALTY LLC : 16. Prior to the date of the occurrence alleged in the complaint of the plaintiff, the cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN and defendant 4260 BROADWAY REALTY LLC, entered into a contract for valuable consideration whereby defendant 4260 BROADWAY REALTY LLC agreed to indeninify and hold harmless the cross-complaining defeñdañts 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY 4 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 MANAGEMENT CORP., AARON SANKO and MARK ELMAN against claims and causes of action such as the claims and causes of action which are asserted in this action by the plaintiff and the said agreement was in full force and effect as of the date of the alleged occurrence which is the subject of the complaint herein. 17. By reason of the foregoing, defendant 4260 BROADWAY REALTY LLC is or will be liable to the cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN and bound to indemnify the cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN, for the amount of any judgment or verdict that may be recovered herein by the plaintiff against the cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM , CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN. AS AND FOR A THIRD CROSS-COMPLAINT AGAINST . DEFENDANT 4260 BORADWAY REALTY LLC 18. Prior to the date of the alleged occurrence which is the subject of this action, defendant 4260 BORADWAY REALTY LLC, agreed to obtain and maintain for the benefit of the defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN, a policy of liability insurance insuring the said defendants against claims such as that which are asserted in this action against said defendants. 19. Upon information and belief, defendant 4260 BORADWAY REALTY LLC breached the said agreement by failing to obtain and maintain such a policy of insurance, and ifand 5 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 to the extent that the plaintiff shall recover against the defendsts 4260 BROADWAY CONDOMINIUM, i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP. and AARON SANKO the said defendants have been damaged thereby and are entitled to be indemnified by defendant 4260 BORADWAY REALTY LLC . WHEREFORE, the defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN demand judgment dismissing the complaint herein with costs or, alternatively, if the complaint shall not be dismissed, that the amount of damages otherwise recoverable against said defendants shall be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct, if any, of said defendants and further demand that the ultimate rights of the defendants in this action as amongst themselves be determined in this action, and that the cross-complaining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN, have judgment over and against defendant 4260 BROADWAY REALTY LLC, for the amotmt of any verdict or judgment which may be obtained against said cross-compkining defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN, or, alternatively, for contribution toward such verdict or judgment on the basis of apportionment of responsibility, attorneys' together with the costs and disbursements of this action plus any and all fees, and all other costs and disbursements in this action. Dated: New York, New York August 23, 2018 Yours, etc. LAW OFFICE OF MARGARET G. KL IN & ASSOCIATES Y: JE A ULEYMANOV 6 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 Attorney for Defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN Office & P. O. Address 200 Madison Avenue, 2nd Floor New York, New York 10016 (646) 392-9250 TO: SUBIN ASSOCIATES, LLP Attorney For Plaintiff: ISIDRO ORELLANA 150 - 23rd Floor Broadway New York, NY 10038 Phone: (212) 285-3800 Fax: (347) 771-8204 4260 BROADWAY REALTY LLC Defendant c/o Peter Skeadas 610 West Hartsdale Avenue White Plains, NY 10607 7 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 Orcllanav. 4260 BroadwayRealtyLLC et al, Our File No.: L032795001 VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) Ha th. , being duty sworn, deposeg and says that (s)he is the A n{ 5r c of ra ilw)Joy fo« wwnthe corporation narned in thg within entitled action; (s)he has read the foregoing ANSWER.AND CROSS COMPLAINT and thows the contents thereof, and thatthe same istrue to his/her own knowledge; except as to the matters therein stated tò be alleged upon information and belief, and as to those matters (s)he believes them to he true, Deponent further says that the reason this verification ismade by deponent and not by the defendant is because the said defendant is a domestic business corporation, and deponent ariofficer thereof, to win its Sworn to before me this I day of AvA«r 2418 O NBTXRYi UBLIC ---.--.-. cm E nEm NennyPublic• State of New Wrk NO. 01AE6374238 Qildi)NestIn New %rkCounty My CuttWhinion EispiresApr 23, 2022 a woummmmmm n v namn amam5 8 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 LO32795001 JLS/cj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------ -------------------------------------X ISIDRO ORELLANA , Index No.: 154454./2018 Plaintiff, - against NOTICE OF CERTIFICATION 4260 BROADWAY REALTY LLC, 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN, Defendants. ------------------------------------ x PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a(a), to the best of the undersigned's knowledge, information and belief, the following papers: • Verified answer, (cross-complaint) • Demand for verified bill of particulars and combined demañd for discovery & inspection • Demand for disclosure as to Medicare pursuant to the SCHIP EXTENSION ACT OF 2007 • Demand for prior or subsequent injury • Notice to take deposition • Notice of intent to conduct physical/mental examination • Notice service means of electronic or facsimile transmittal, declining by • Notice to preserve evidence • Demand pursuant to Rule CPLR 2103(e) • Demand pursuant to Rule 3120 CPLR • Request for supplemental demand for relief 9 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 and/or contentions contained therein, are in accordance with the Rules pertaining to this certification. Dated: New York, New York August 23, 2018 Yours, etc. LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Jf SICA L. SUL YMANOV Attorney for Defendants 4260 BROADWAY CONDOMINIUM i/s/h/a 4262 BROADWAY CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO and MARK ELMAN Office & P. O. Address 200 Madison Avenue New York, New York 10016 (646) 392-9250 TO: SUBlN ASSOCIATES, LLP Attorney For Plaintiff: Isidro Orellana 150 - 23rd Floor Broadway New York, NY 10038 Phone: (212) 285-3800 Fax: (347) 771-8204 4260 BROADWAY REALTY LLC Defendant c/o Peter Skeadas 610 West Hartsdale Avenue White Plains, NY 10607 10 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 LO32795001 JLS/cj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ISIDRO ORELLANA, Index No. 154454./2018 Plaintiff, -against- DEMAND FOR VERIFIED 4260 BROADWAY REALTY 4262 BROADWAY BILL OF PARTICULARS LLC, CONDOMINIUM, CITADEL PROPERTY MANAGEMENT CORP., AARON SANKO AND MARK ELMAN, Defendants. ----- --------__--------------------------___--_____.__-X C O U N S E L: PLEASE TAKE NOTICE, that in accordance with Section 3041, Rules 3042 and 3043 and Section 3044 of the CPLR, you are hereby required to serve upon the Law Office of Margaret G. Klein & Associates, located at 200 Madison Avenue, New York, NY 10016 on SEPTEMBER 28, 2018 at 10:00 a.m, a Verified Bill of Particulars pursuant to the following demands: 1. State the date and time of day of the occurrence. 2. State the location of the occurrence, giving itsaddress (by number, street, city or town or if the place of the occurrence had no address, describing itslocation from fixed geographical sites): (a) if within a building, give the floor number and the location thereon; street floor or ground floor to be considered as the firstfloor; (b) if upon a stairway, set forth the location of the stairway in the premises, stating between what floors itis situated; also the particular step on said stairway, counting from the bottom; (c) ifon the sidewalk, the distance from the nearest intersection and from the curb and building lines; 11 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 (d) if within an elevator, describe the elevator sufficiently to differentiate itfrom other elevators in the building. 3. If the plaintiff claims a dangerous, unsafe, or defective condition was the cause of the occurrence: (a) describe that condition; (b) set forth in what maññer the condition described was dangerous, defective and/or unsafe; (c) specify the date and time when the condition was caused or created; (d) set forth the identity of the person or entity who caused or created the condition. 4. State the manner in which itis claimed the alleged accident occurred. 5. State the acts or omissions constituting the negligence claimed, specifying the exact date or dates when the alleged acts were committed and, ifthere is more than one defendant, the acts or omissions of each defendant constituting the alleged negligence. 6. If actual notice is claimed, set forth: (a) the name(s) of the person(s) who is/are claimed to have given such notice; (b) the name(s) of the person(s) to whom notice is claimed to have been given; (c) whether the notice was written or oral; (d) the date the notice was given; and (e) if in writing, provide a true copy thereof. 7. If constructive notice is claimed, set forth the length of time itwill be claimed the alleged condition existed. 8. State the injuries claimed, giving the location, duration and extent of each and specifying those claimed to be permanent. 12 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 9. State the length of time plaintiff was confined: (a) to hospital; (b) to bed; (c) to house. 10. The names and addresses of doctors, hospitals and any other medical providers and dates treatment was rendered. 11. State the length of time plaintiff(s) will claim incapacity from employment. 12. State the following: (a) vocation of plaintiff(s) at time of alleged occurrence; (b) name and address of employer; (c) average weekly earnings; (d) if self-employed, a detailed statement of how alleged loss of earnings or income is calculated. 13. If the plaintiff attended school at the time of this incident, provide: (a) the name of the school; (b) the plaintiff's grade; (c) the amount of time missed from school due to the occurrence. 14. Set forth a detailed statement of amounts claimed as special damages, ifany, for: (a) physician's services; (b) hospital expenses; nurses' (c) services; (d) medical supplies; (e) loss of earnings; (e) any additional or other special damages. 13 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 15. Set forth a true copy of any contract, lease or express warrañty referred to in the complaint; ifan oral contract, express warranty or lease is claimed, state the names of the persons who allegedly entered into the same, the date and place the same was allegedly entered and the substance thereof. 16. If violation of any rule, regulation, code, ordinance, law or statute is claimed, specify the Chapter, Article, Section and Paragraph of same allegedly violated by each defendant. 17. With respect to each plaintiff, separately, state: (a) residence address at time of the alleged occurrence; (b) residence address at present time; (c) date of birth; (d) social security number. 18. If loss or diminution of services, society and/or consortium is claimed, specify precisely the services, society and/or consortium claimed to have been lost or diminished, the dates between which loss or dimimition is claimed and the manner in which the damages claimed have been computed. IN THE EVENT THAT THE WITHIN CLAIM INCLUDES A CLAIM FOR VICARIOUS LIABILITY 19. State the basis upon which it isclaimed that defendant is vicariously liable. 20. Specify the acts or omissions of the individual(s) or entity(ies) upon which you base your claim of vicarious liability. 21. Specify whether or not itis claimed that defenant(s) and said individual(s) or entity(ies) had: a) an employer-employee relationship; b) a principal-agent relationship; c) an employer-independent contractor relationship; d) If none of the above, state the nature of the relationship between defendant and the said individual(s) or entity(ies) allegedly giving rise to vicarious liability on the part of defendant(s). 22. Specify all acts or omissions of the said individual(s) or entity(ies) which allegedly caused or contributed to the injury complained of herein. 14 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 23. Do you claim that the defendant(s) had notice, either actual or constructive, of any facts indicating that the defendant(s) knew or should have known that the said individual(s) or entity(ies) had engaged in acts or omissions of the same type as alleged herein prior to the date of the subject occurrence? Ifso, state whether such notice is actual and/or constructive. If actual notice is claimed, identify the person(s) by name, title and/or job description, who possessed such actual notice. If constructive notice is alleged, state the facts upon which such claim is predicated. 24. Specify any policies and/or provisions allegedly violated which caused and/or contributed to the injury complaiñed of in connection with the claim of vicarious liability. 25. Specify any statutes, rules, regulations and/or ordiñances allegedly violated in connection with the claim of vicarious liability. PLEASE TAKE FURTHER NOTICE, that unless the above deniañd is complied with within thirty (30) days, an application will be made to preclude the plaintiff(s) from giving any evidence in accordance with the aforementioned rules. Dated: New York, New York August 23, 2018 Yours, etc. LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Is : J ICA . ULEYMANOV Attorney for Defendants 4260 Broadway Condominium i/s/h/a 4262 Broadway Condominium, Citadel Property Management Corp., Aaron Sanko, Mark Elman 200 Madison Avenue, 2nd Floor New York, New York 10016 Phone: (646) 392-9250 TO: SUBIN ASSOCIATES, LLP Attorney For Plaintiff: Isidro Orellana 150 - 23rd Floor Broadway New York, NY 10038 Phone: (212) 285-3800 Fax: (347) 771-8204 15 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 4260 BROADWAY REALTY LLC Defendant c/o Peter Skeadas 610 West Hartsdale Avenue White Plains, NY 10607 16 of 40 FILED: NEW YORK COUNTY CLERK 08/31/2018 02:32 PM INDEX NO. 154454/2018 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/31/2018 LO32795001 JLS/cj SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______-____-----_______________________________________________x ISIDRO ORELLANA, Index No. 154454./2018 Plaintiff, -against- 4260 BROADWAY REALTY LLC, 4262 BROADWAY COMBINED DEMAND CITADEL PROPERTY FOR DISCOVERY AND CONDOMINIUM, INSPECTION MANAGEMENT CORP., AARON SANKO AND MARK ELMAN,