FILED: NEW YORK COUNTY CLERK 05/10/2013 INDEX NO /2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 05/10/2013

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1 FILED: NEW YORK COUNTY CLERK 05/10/2013 INDEX NO /2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 05/10/ SMS I I/I vI MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 425 EAGLE ROCK AVENUE, SUITE 302 ROSELAND, NJ (973) ATTORNEYS FOR DEFENDANTS, 44th Street Partners LLC, I, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE NUMBER 5 CONDOMINIUM Plaintiffs V. 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC; ISAMU SUZUKI; PATRICK THOMPSON; TWP CAPITAL PARTNERS I, LLC; PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ALAN RITCHIE, MARKO T. DASIGENIS, WILLIAM Q. BROTHERS III ARCHITECT P.C., WILLIAM Q. BROTHERS III, DE NARDIS ENGINEERING, LLC, JOSEPH A. DE NARDIS, P.E., T.C. SIDERIS, P.E., P.C., SIDERIS KEFALAS ENGINEERS, P.C; TERRY SIDERIS P.E; FILOLAOS KEFALAS, CORE GROUP MARKETING, LLC, ANLAR LLC, HUDSON MERIDIAN CONSTRUCTION GROUP,LLC, WILFORD & PASSEGGIO'S PLUMBING & HEATING, PASSEGGIO'S PLUMBING & HEATING CORP., VIS INDUSTRIES, and VISTA ARCHITECTURAL PRODUCTS, INC., Defendants INDEX NO.: /12 Civil Action SUMMONS 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC, ISAMU SUZUKI, PATRICK THOMPSON and TWP. CAPITAL PARTNERS I, LLC Third-Party Plaintiffs Third-Party Defendant

2 You are hereby summoned to answer the Verified Amended Third Party Complaint of defendants/third-party plaintiffs, 44th Street Partners I, LLC, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC, a copy of which is hereby served upon you and to serve copies of your Verified Answer on the undersigned, Marshall, Dennehey, Warner, Coleman & Goggin, P.C., attorneys for defendants/third-party plaintiffs, whose address is 425 Eagle Rock Avenue, Suite 302, Roseland, New Jersey 07068, as well as the following counsel and parties, within twenty (20) days after service of this Third Party Summons and Verified Amended Third Party Complaint exclusive of the date of service. In the event of the failure to answer the annexed Verified Amended Third Party Complaint, judgment will be taken against you upon default for the relief demanded in the Verified Third Party Complaint. DATED: Roseland, New Jersey May 10, 2013 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for Defendants, 9th Street Partners I, LLC, Five East 44th Street, LLJu Suzuki, Patrick Thompson and Twp. Capitalfj4LLC NNY M. SPARANO'N 425 Eagle Rock Avenue - Suite02 Roseland, NJ (973) (1] Rachael G. Ratner, Esq. Jack L. Cohen, Esq. Wolf, Haldenstein, Adler, Freeman & Herz, Law Offices of Charles S. Siegel LLP. 125 Broad Street, 7th Floor 270 Madison Avenue, 9th Floor New York, New York New York, NY Main Blackberry Direct fax Fax Jack.Cohen@CNA.com sladkus@whath.com Attorneys for Defendants TC. Sideris, P.E.P.C., Attorneys for Plaintiff Sideris Kefalis Engineers, P.R Teriy Sideris, P. E. and Chris Sideris, RE.

3 Frank Mattera, Esq. Steven M. Bundschuh, Esq. Milber Makris Plousadis & Semen, LLP Baxter Smith & Shapiro, P.C Woodbury Road, Suite North Broadway Woodbury, New York Hicksville, NY fax Attorneys for defendant, VIS Plumbing Heating and Mechanical Corp. cl/b/a VIS Industries Attorneys for Defendants, Passeggio's Plumbing & Heating Corp. and Passeggio's Plumbing & Heating Corp., i/s/wa Wilford & Passeggio's Plumbing & Heating Eddy Salcedo, Esq. Michael Byrne, Esq. Seyfarth Shaw, LLP Gogick Byrne & O'Neil, LLP 620 Eighth Avenue 11 Broadway, Suite 1560 New York, New York New York, New York fax mibgogick.corn Attorneys for Defendants, Attorneys for Defendant, Core Group Marketing LLC Philip Johnson/Alan Ritchie Architects P.C., Alan Ritchie, Marko T DasigenLs, William Q. Brothers IllArchitects, P. C. and William Q. Brothers III Nicholas A. Carre, Esq. Lewis Brisbois Bisfaard & Smith LLP 77 Water Street, 21 sfloor New York, New York ncarre@lbbsiaw.com Attorneys for Defendants, Denardis Engineering, LLC and Joseph A. Denardis, P.E. Michael Boulhosa, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP 3 Garnett Drive White Plains, New York fax michael.boulhosa@wilsonelser.com Attorneys for Defendant, Anlar, LLC Scott E. Miller, Esq. Stanley E. Orzechowski, Esq. James Freire, Esq. The Law Offices of Stanley E. Orzechowski, P.C. Jones Hirsch Connors Miller & Bull, P.C. 38 Southern Boulevard, Suite 3 One Battery Park Plaza, 28th Floor Nesconset, New York New York, NY fax fax stan@smithtownlawfirm. corn jfreire@jhcb.com Attorneys for Defendant, Vista Architectural smi1ler(jhcb.com ; smiller(millernylaw.com Products Attorneys for Defendant, Hudson Meridian Construction Group, LLC

4 SMS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 425 EAGLE ROCK AVENUE, SUITE 302 ROSELAND, NJ (973) ATTORNEYS FOR DEFENDANTS, 44th Street Partners LLC, I, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE NUMBER 5 CONDOMINIUM Plaintiffs V. 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC; ISAMU SUZUKI; PATRICK THOMPSON; TWP CAPITAL PARTNERS I, LLC; PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ALAN RITCHIE, MARKO T. DASIGENIS, WILLIAM Q. BROTHERS III ARCHITECT P.C., WILLIAM Q. BROTHERS III, DE NARDIS ENGINEERING, LLC, JOSEPH A. DE NARDIS, P.E., T.C. SIDERIS, P.E., P.C., SIDERIS KEFALAS ENGINEERS, P.C; TERRY SIDERIS P.E; FILOLAOS KEFALAS, CORE GROUP MARKETING, LLC, ANLAR LLC, HUDSON MERIDIAN CONSTRUCTION GROUP,LLC, WILFORD & PASSEGGIO'S PLUMBING & HEATING, PASSEGGIO'S PLUMBING & HEATING CORP., VIS INDUSTRIES, and VISTA ARCHITECTURAL PRODUCTS, INC., INDEX NO.: /12 Civil Action STATEMENT PURSUANT TO CPLR RULE 3401 Defendants 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC, ISAMU SUZUKI, PATRICK THOMPSON and TWP. CAPITAL PARTNERS I, LLC Third-Party Plaintiffs Third-Party Defendant V.

5 PLEASE TAKE NOTICE, that in the above-entitled action, defendants/third-party plaintiffs, 44th Street Partners I, LLC, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC, herein have impleaded Taube Property Management, as third-party defendants, that the caption of the action is now set forth above, and that a copy of this statement has been served upon all parties who have appeared in this action. DATED: Roseland, New Jersey May 10, 2013 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Attorneys for Defendants, 44th Street Partners I, LLC, Five East 44th Street, LLC, Isamu Patrick Thompson and Twp. Capital Partners M. SPARAN 4Eagle Rock Avenue - te 302 Roseland, NJ (973) TO: Rachael G. Ratner, Esq. Jack L. Cohen, Esq. Wolf, Haldenstein, Adler, Freeman & Herz, Law Offices of Charles S. Siegel LLP. 125 Broad Street, 7th Floor 270 Madison Avenue, 9th Floor New York, New York New York, NY Main Blackberry Direct fax Fax Jack.Cohen@CNA.com sladkus@whath.com Attorneys for Defendants T C. Sideris, P. E.P. C., Attorneys for Plaintiff Sideris Kefalis Engineers, P Teriy Sideris, P.E. and Chris Sideris, P.E. Frank Mattera, Esq. Steven M. Bundschuh, Esq. Milber Makris Plousadis & Semen, LLP Baxter Smith & Shapiro, P.C Woodbury Road, Suite North Broadway Woodbury, New York Hicksville, NY fmattera@milbermakris.com fax Attorneys for defendant, VIS Plumbing Heating sbundschuh@bssnylaw.com and Mechanical Corp. d/b/a VIS Industries Attorneys for Defendants, Passeggio's Plumbing & Heating Corp. and Passe ggio 's Plumbing & Heating Corp., i/s/h/a Wilford & Passeggio's Plumbing &

6 Eddy Salcedo, Esq. Seyfarth Shaw, LLP 620 Eighth Avenue New York, New York fax Attorneys for Defendant, Core Group Marketing LLC Nicholas A. Cane, Esq. Lewis Brisbois Bisfaard & Smith LLP 77 Water Street, 21st Floor New York, New York Attorneys for Defendants, Denardis Engineering, LLC and Joseph A Denardis, P.E. Stanley E. Orzechowski, Esq. The Law Offices of Stanley E. Orzechowski, P.C. 38 Southern Boulevard, Suite 3 Nesconset, New York fax stan@smithtownlawfirm.com Attorneys for Defendant, Vista Architectural Products Michael Byrne, Esq. Gogick Byrne & O'Neil, LLP 11 Broadway, Suite 1560 New York, New York mjb(gogick.com Attorneys for Defendants, Philip Johnson/Alan Ritchie Architects P. C, Alan Ritchie, Mar/co T Dasigenis, William Q Brothers IllArchitects, P.C. and William Q. Brothers III Michael Boulhosa, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP 3 Garnett Drive White Plains, New York fax michae1.boulhosa(wi1sonelser.com Attorneys for Defendant, Anlar, LLC Scott E. Miller, Esq. James Freire, Esq. Jones Hirsch Connors Miller & Bull, P.C. One Battery Park Plaza, 28th Floor New York, NY fax jfreire@jhcb.com smiller@jhcb.com; smiller@millernylaw.com Attorneys for Defendant, Hudson Meridian Construction Group, LLC

7 SMS I I/ vI MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 425 EAGLE ROCK AVENUE, SUITE 302 ROSELAND, NJ (973) ATTORNEYS FOR DEFENDANTS, 44th Street Partners I, LLC, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE NUMBER 5 CONDOMINIUM Plaintiffs V. 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC; ISAMU SUZUKI; PATRICK THOMPSON; TWP CAPITAL PARTNERS I, LLC; PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ALAN RITCHIE, MARKO T. DASIGENIS, WILLIAM Q. BROTHERS III ARCHITECT P.C., WILLIAM Q. BROTHERS III, DE NARDIS ENGINEERING, LLC, JOSEPH A. DE NARDIS, P.E., T.C. SIDERIS, P.E., P.C., SIDERIS KEFALAS ENGINEERS, P.C; TERRY SIDERIS P.E; FILOLAOS KEFALAS, CORE GROUP MARKETING, LLC, ANLAR LLC, HUDSON MERIDIAN CONSTRUCTION GROUP,LLC, WILFORD & PASSEGGIO'S PLUMBING & HEATING, PASSEGGIOS PLUMBING & HEATING CORP., VIS INDUSTRIES, and VISTA ARCHITECTURAL PRODUCTS, INC., INDEX NO.: /12 Civil Action VERIFIED THIRD-PARTY COMPLAINT Defendants 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC, ISAMU SUZUKI, PATRICK THOMPSON and TWP. CAPITAL PARTNERS I, LLC Third-Party Plaintiffs V. Third-Party Defendant

8 44th Street Partners I, LLC, Five East 44th Street, LLC, Isamu Suzuki, Patrick Thompson and Twp. Capital Partners I, LLC, (44th Street Partners') by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, P.C., complaining of third party defendants, Taube Property Management, alleges upon information and belief as follows: 44th At all times hereinafter mentioned, third-party defendant/third-party plaintiff Street Partners was a domestic corporation organized and existing by virtue of and under the laws of the State o New York. 2. At all times hereinafter mentioned, third-party defendant, Taube Property Management was and still is a domestic corporation organized and existing by virtue of and under the laws of the State of New York, with its principal place of business located 275 at Madison Avenue, Suite 1102, New York, New York, At all times hereinafter mentioned, third-party defendant, Taube Property Management was and still is a foreign corporation duly authorized or licensed to conduct business in the State of New York, with its principal place of business located 275 at Madison Avenue, Suite 1102, New York, New York, At all times hereinafter mentioned, third-party defendant, Taube Property Management was and still is a foreign corporation doing business in the State of New York, with its principal place of business located 275 at Madison Avenue, Suite 1102, New York, New York, At all times hereinafter mentioned, third-party defendant, Taube Property Management was and still is a business entity doing business in the State of New York with its principal place business located 275 at Madison Avenue, Suite 1102, New York, New York, At all times hereinafter mentioned, third-party defendant, Taube Property Management was and still is a limited liability corporation organized and existing by virtue of and under the laws of the

9 State of New York, with its principal place of business located 275 at Madison Avenue, Suite 1102, New York, New York, At all times hereinafter mentioned, third-party defendant, Taube Property Management I was and still is a limited liability corporation duly authorized or licensed to conduct business in the State of New York, with its principal place of business located 275 at Madison Avenue, Suite 1102, New York, New York, th Street Partners entered into an agreement with Taube Property Management fo maintenance services in connection with the building made subject of this matter prior to the transition o the building. 9. If the plaintiff was caused to sustain damages, as alleged in the complaint, then sa damages were caused by reason of the carelessness, negligence, fault, want of care, breach of agreem or contract, and breach of obligations on the part of third-party defendant, Taube Property Management, in the maintenance, operation, supervision and control of the building made subject of this action. AS AND FOR THE FIRST CAUSE OF ACTION AGAINST th Street Partners, repeat and reallege each and every allegation set forth in paragraphs through 9 above as if set forth at length herein. 11. If the plaintiff sustained the damages alleged in the complaint, such damages were cause by the negligence of the third-party defendant, Taube Property Management, and not due to an negligence of 44th Street Partners. 12. In the event judgment is recovered herein against 44th Street Partners, it will be claimed by 44th Street Partners that such liability on its party will have been brought about by the conduct of thirdparty defendant, Taube Property Management.

10 13. By reason of the foregoing, third-party defendant, Taube Property Management, is obligated to indemnify 44th Street Partners, against any judgment which may be recovered herein against it. WHEREFORE, 44th Street Partners demands judgment against Taube Property Management for a full and complete indemnification of any liability imposed upon it by the claims of plaintiff, together with compensatory and punitive damages, interest, counsel fees, costs and such other relief as the court dee appropriate and equitable. AS AND FOR A SECOND CAUSE OF ACTION AGAINST th Street Partners, repeat and reallege each and every allegation set forth in paragraphs through 13 above as if set forth at length herein. 15. In the event plaintiff sustained the damages complained of in the complaint, it will be claimed by 44 1h Street Partners, that such damages were caused or contributed to by the negligence and carelessness of third-party defendant, Taube Property Management, and that in the event any judgment i recovered herein against 44th Street Partners, the third-party defendant is obligated to reimburse th 44 Street Partners for such portion of the judgment which is attributable to the conduct of the third-party defendant. WHEREFORE, 44th Street Partners demands judgment against Taube Property Management for a full and complete indemnification of any liability imposed upon it by the claims of plaintiff, together with compensatory and punitive damages, interest, counsel fees, costs and such other relief as the court dee appropriate and equitable. AS AND FOR A THIRD CAUSE OF ACTION AGAINST th Street Partners, repeat and reallege each and every allegation set forth in paragraphs through 15 above as if set forth at length herein.

11 44I 17. Taube Property Management expressly warranted to Street Partners that all work performed in connection with the maintenance of the premises and repairs prior and subsequent there would be of good quality, free of faults and defects, and in conformance with the contract documents. 18. If the allegations of the plaintiffs are proven to be true, then Taube Property Management has breached its express warranties with regard to its work and services. 19. As a result of these breaches, 44th Street Partners, has been and will be damaged by such breaches in that it has been and will be exposed to significant liability to plaintiff and has incurred substantial costs and counsel fees. 20. If plaintiff sustained damages, as alleged in the complaint, said damages were caused b 44th the breach of express warranties of third-party defendant, Taube Property Management, and Street Partners is entitled to recovery for same. WHEREFORE, 44th Street Partners demands judgment against Taube Property Management for a full and complete indemnification of any liability imposed upon it by the claims of plaintiff, together with compensatory and punitive damages, interest, counsel fees, costs and such other relief as the court dee appropriate and equitable. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST 21, 44th Street Partners, repeat and reallege each and every allegation set forth in paragraphs through 20 above as if set forth at length herein. 44th 22. Third-party defendant Taube Property Management impliedly warranted to Street Partners that they possessed the skill, experience, training and expertise to perform the maintenance w in accordance with the care and skill customary in the construction industry, and that, if selected by 44th Street Partners, they would, in fact, use such care and skill in performing their work on connection with the premises.

12 23. Third-party defendant, Taube Property Management also impliedly warranted to 44' Street Partners, that its work would be of good quality, free of defects, in conformity with contract documents, safe, and fit for the intended purposes when constructed on the premises. 24. If the allegations of the plaintiff are proven, then third-party defendant, Taube Property Management has breached its implied warranties th Street Partners has been and will be damaged by such breaches in that it has been a will be exposed to significant liability to plaintiff and have incurred substantial costs and counsel fees. 26. If plaintiff sustained damages, as alleged in the complaint, said damages were caused b the breach of implied warranties of third-party defendant, Taube Property Management, 44th and Street Partners is entitled to recovery for same. WHEREFORE, 44th Street Partners demands judgment against Taube Property Management for a full and complete indemnification of any liability imposed upon it by the claims of plaintiff, together with compensatory and punitive damages, interest, counsel fees, costs and such other relief as the court dee appropriate and equitable. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST th Street Partners, repeat and reallege each and every allegation set forth in paragraphs through 26 above as if set forth at length herein. 28. Pursuant to the express terms of the contract between 44th Street Partners and Taube Property Management, this defendant agreed to duties, and to perform certain tasks in a certain manner connection with the maintenance of the premises. 29. Taube Property Management has breached its various duties of reasonable care and other provisions and agreements 44th to Street Partners.

13 30. As a result of these breaches, 44th Street Partners has been and will be damaged in that it has been and will be exposed to significant liability to plaintiff and have incurred substantial costs and counsel fees. AS AND FOR A SIXTH CAUSE OF ACTION AGAINST ' Street Partners, repeat and reallege each and every allegation set forth in paragraphs I through 30 above as if set forth at length herein. 32. Pursuant to the express terms of the contract between 44th Street Partners and Taube Property Management, Taube Property Management expressly agreed to procure insurance naming 44th Street Partners as an additional insured and providing 44th Street Partners with primary insurance coverage for the damages alleged by plaintiff. 44 1h Street Partners is entitled to damages from Taube Property Management for any sums for which it may be adjudged liable to the plaintiff that is otherwise not covered by its own insurance as a result of Taube Property Management's breach of their express contractual insurance provision obligation WHEREFORE, 44th Street Partners demands judgment against Taube Property Management for a full and complete indemnification of any liability imposed upon it by the claims of plaintiff, together with compensatory and punitive damages, interest, counsel fees, costs and such other relief as the court dee appropriate and equitable. DATED: Roseland, New Jersey May 10, 2013 MARSHALL, DENNEHEY, WARNER, COLEMAN& GOGGIN Attorneys for Defendants, 44t rtners I, LLC, Five East 44th Street and Twp. C arpt LL UY M. SPARANO 425 Eagle Rock Avenue - Suite 302 Roseland, NJ (973)

14 VERIFICATION SUNNY M. SPARANO, attorney admitted to practice law in the courts of the State of New York, affirm: that I am a shareholder with the law firm Marshall Dennehey Warner Coleman & Goggin, attorneys of record for the defendants 44th Street Partners I, LLC, Five East 44th Street, LLC; Isamu Suzuki; Patrick Thompson and Twp. Capital Partners I, LLC, in the within action; that I have read the foregoing documents and know the contents thereof; that the same is true to my knowledge, except as to th matters therein stated to be alleged on information and belief, and that as to those matters I believe it to be true. I further state that the reason this verification is made by me and not by the defendants is that the answering defendants do not reside within the county of Essex, where I maintain my office. The grounds of my belief as to all matters not stated upon my knowledge are as follows: the records of the defendants made available to me. I affirm that the foregoing statements are true, under penalties of perjury. Dated: Roseland, New Jersey May 10, 2013 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGG[N Attorneys for Defendants, 44th Street Partners I, LLC, Five East 44th Street, LLC; Isamu Suzuki; Patrick Thompson and Twp. Capital Partners I LLC BY: SPARANO. 425 Eagle Rock Avenue Roseland, New Jersey

15 AFFIRMATION OF SERVICE I hereby certify that I caused the within verified answer to be filed via electronic mail with the clerk of the Supreme Court, County of New York, and all counsel of record. I declare under penalty of perjury that the foregoing is true and correct. Dated: May 10, 2013 M. SPARANO

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE NUMBER 5 CONDOMINIUM INDEX NO.: /12 Plaintiffs V. Civil Action 44TH STREET PARTNERS I, LLC, FIVE EAST 44TH STREET, LLC; ISAMU SUZUKI; PATRICK THOMPSON; TWP CAPITAL PARTNERS I, LLC; PHILIP JOHNSON/ALAN RITCHIE ARCHITECTS, P.C., ALAN RITCHIE, MARKO T. DASIGENIS, WILLIAM Q. BROTHERS III ARCHITECT P.C., WILLIAM Q. BROTHERS III, DE NARDIS ENGINEERING, LLC, JOSEPH A. DE NARDIS, P.E., T.C. SIDERIS, P.E., P.C., SIDERIS KEFALAS ENGINEERS, P.C; TERRY SIDERIS P.E; FILOLAOS KEFALAS, CORE GROUP MARKETING, LLC, ANLAR LLC, HUDSON MERIDIAN CONSTRUCTION GROUP,LLC, WILFORD & PASSEGGIOS PLUMBING & HEATING, PASSEGGIO'S PLUMBING & HEATING CORP., VIS INDUSTRIES, and VISTA ARCHITECTURAL PRODUCTS, INC., Defendants SUMMONS, STATEMENT PURSUANT TO CPLR RULE 3401 AND VERIFIED THIRD PARTY COMPLAINT MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 425 Eagle Rock Avenue, Suite 302, Roseland, New Jersey 07068,(973) Pursuant to 22 NYCRR , the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Service of a copy of the within demands are hereby admitted. Date: May,2013 Signature Print Signer's Name: Sunny M. Sparano, Esq. Attorney(s) for Defendant