FILED: NEW YORK COUNTY CLERK 01/12/ :07 PM INDEX NO /2013 E

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1 NYSCEF E DOC. NO. 600 RECEIVED NYSCEF: 01/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF 147 WAVERLY PLACE CONDOMINIUM, X Index No.: /2013 DEMAND FOR A VERIFIED BILL OF PARTICULARS ON CROSS-CLAIM Defendants. â â â â â â â â â â â â _ X â â â â â KMG WAVERLY, LLC, KMGW, LLC, MARATHON WAVERLY, LLC, MARATHON REAL ESTATE OPPORTUNITY FUND, LLC, BURT MILLER, ERIC GRANOWSKY, STAN KLEGER, RON BERNSTEIN, Third-Party Plaintiffs, WAVERLY CC, LLC, STANISLAW SLUTSKY, P.E., FORUM ENGINEERING, P.C., ROBERT SILMAN ASSOCIATES STRUCTURAL ENGINEERS, D.P.C., KULIK & ASSOCIATES, LLC, GEORGE J. KULIK, P.E., P.C., LAWRENCE EXTERIOR RESTORATION CORP., VANGUARD CONSTRUCTION & DEVELOPMENT COMPANY, INC. and BKSK ARCHITECTS, LLP, Third-Party X Defendants. X LAWRENCE EXTERIOR RESTORATION CORP., Second Third-Party Plaintiff, Plaintiff KMG WAVERLY, LLC, KMGW, LLC, MARATHON WAVERLY, LLC, MARATHON REAL ESTATE OPPORTUNITY FUND, LLC, BURT MILLER, ERIC GRANOWSKY, STAN KLEGER, RON BERNSTEIN, BKSK ARCHITECTS, LLP, JOAN KREVLIN, GEORGE J. KULIK, P.E., P.C. and GEORGE J. KULIK, P.S.T. CONSTRUCTION CORP., XYZ CORPS of 8

2 I (fictitious entities) and JOHN DOES I-10 (fictitious persons), Second Third-Party Defendants X VANNGUARD CONSTRUCTION & DEVELOPMENT X COMPANY, INC, Third Third-Party Plaintiffs, ACRON WIRE & IRON WORKS, AMAZING GLAZING, INC AMERICAN SPRAY- ON CORP., AXXESS A DIVISION OF SYLVESTER 4 ASSOCIATES, LTD. BIG APPLE CHIMNEY, LLC, CMA MECHANICAL CONSTRUCATION CORP, DISTINCT DRYWALL, INC EXPERTISE STONE AND TILE, INC FLOORING SOLUTIONS, INC INNOVATIVE AIR SOLUTIONS, INC KILROY METAL PRODUCTS, INC KILROY ARCHICTECTURAL WINDOWS INC, JANSONS ASSOICATES, INC, JEM CONTRACTING CORP, LAWRENCE EXTERIOR RESTORATION CORPORATION, MIDWOOD DOORS & MILL WORK, INC, MEWCO IRON WORKS LTD, P& H PAINTING, INC, PROFESSIONAL PLUMBING OF STATEN ISLAND CORP, QUlMBY EQUIPMENT, CO INC, RITE-WAY INTERNAL REMOVAL INC, SITECRAFT, INC SOS ADVANCED SECURITY n/k/a SOS LOCKSMITH, SRG CONSTRUCATION CONSULTING CORP, STAR RESTORATION, INC STATE OF THE ART WOOD FLOORING CORP, T.C INTERIOR RENOVATION CORP, THEMIS CHIMNEY, INC WILLIAMS J. KENNEDY PLUMBING, INC Z RESTORATION, INC and ZEREM ELECTRIC CORP. Third Third-Party Defendant. X PLEASE TAKE NOTICE, that you are hereby required, pursuant to CPLR , to serve upon the undersigned attorneys, within twenty (20) days of the service upon you of this 2 of 8

3 I demand, a Bill of Particulars, duly verified, giving an itemization and specification with regard to each of the following as to the cross-complaint of the co-third third-party defendant, THEMIS CHIMNEY, INC.: 1. A statement as to whether a cross-complaint is being asserted for total or partial indemnification as against the answering defendant. 2. Specify whether indemnity is claimed by virtue of: (a) Breach of contract, or (b) Breach of warranty, or (c) Negligence of the answering defendant, or (d) Hold-harmless agreement given by the answering defendant. 3. Will the party seeking indemnification or contribution claim acts or omissions as a basis for indemnity or contribution other than and apart from those asserted and claimed by the original plaintiff; and if so, specify each and every such additional act or omission to act which the party seeking indemnification or contribution will exist. 4. Set forth a statement specifying each and every act or omission to act upon which the co-third third-party defendants, THEMIS CHIMNEY, INC., will rely to establish the negligence of the answering defendant. 5. If any dangerous or defective condition is claimed as basis for any liability on the part of the answering defendant, specify the following: (a) The nature and location of the condition alleged; (b) State whether it will be claimed that the answering defendant had actual or constructive notice thereof; (c) If actual notice is claimed, specify the date when, the place where, and the identity of the party or person acting on behalf of the answering defendant's in receiving said notice; (d) If it will be claimed that the answering defendant, its agent, servant or employee caused or created any dangerous or defective condition, specify the date when the identity of the person who caused or created said condition; (e) If constructive notice is claimed, state the length of time the condition existed before the accident (in minutes, hours, days, weeks, etc., as nearly as may be stated). 6. If it will be claimed that the answering defendant is required to give indemnity by reason of the breach of any contract or agreement, specify the following: 3 of 8

4 I (a) State whether it will be claimed that such agreement or contract was oral or in writing; (b) If it will be claimed that said contract was oral, state the date when, and the place where a contract was entered into, the identity of the party or person acting on behalf of each contracting party, and the terms and conditions of said agreement or contract; (c) If it will be claimed that the contract or agreement was in writing, set forth a full, true and complete copy of said contract. 7. Set forth fully each statute, code, regulation, law and/or ordinance which it is or may be claimed was violated by this answering defendant. negligent. 8. State in what manner it will be claimed that this answering defendant was actively 9. State in what manner it will be claimed that this answering defendant breached its agreement, contract, warranty or permit, if any. 10. State in what manner it will be claimed that the party serving the cross-complaint against this answering defendant was only passively or secondarily negligent. PLEASE TAKE FURTHER NOTICE, that the foregoing is a continuing demand. If any of the aforementioned items are obtained or discovered after the date of this demand or after the service of a response to this demand, they are to be furnished to the undersigned pursuant to these demands. 4 of 8

5 DATED: New York, New York January 11, 2018 Yours, etc., HANNUM ETIC PRENDERGAST & ME, L J. antifim t rneys for Defendant SITECRAFT, INC. Office and Post Office Address 55 Broadway, Suite 202 New York, New York (212) TO: Schwartz Sladkus Reich Greenberg Atlas, LLP Attorneys for Plaintiff THE BOARD OF MANAGERS OF 147 WAVERLY PLACE CONDOMINIUM 270 Madison Avenue, 9th Floor New York, NY (212) Gardner + Bloom, P.C. Attorneys for Third-Party Defendant/ Third Third-Party Plaintiff VANGUARD CONSTRUCTION & DEVELOPMENT CO. 801 Second Avenue, 1 l th Floor New York, NY (212) Camacho Mauro Mulholland, LLP Attomeys for Third Third-Party Defendant THEMIS CHIMNEY, INC Wall Street, 40 Floor New York, New York of 8

6 Cyruli Shanks Hart & Zizmore, LLP Attorneys for Defendants/Third-Party KMGW, LLC, BURT MILLER STAN KLEGER, JOAN KREVLIN RON BERNSTEIN, GEORGE J. KULIK Defendants ERIC GRANOWSKY, KMG WAVERLY, LLC BKSK ARCHITECTS, LLP, GEORGE J. KULIK, P.E., P.C. MARATHON WAVERLY, LLC, and MARATHON REAL ESTATE OPPORTUNITY FUND 420 Lexington Avenue, Suite 2320 New York, NY (212) Marshall, Dennehy, Wamer, Coleman & Coggin, P.C. Attorneys for Third-Party Defendants STANISLAW SLUTSKY, P.E. 105 Maxess Road, Suite 303 Melville, NY (631) Sinnreich Kosakoff & Messina, LLP Attorneys for Third-Party Defendant FORUM ENGINEERING, P.C. 267 Carleton Avenue, Suite 301 Central Islip, NY (631) Ingram Yuzek Gainen Carroll & Bertolotti, LLP Attorneys for Third-Party Defendant ROBERT SILMAN ASSOCIATE STRUCTURAL ENGINEERS, D.P.C. 250 Park Avenue New York, NY (212) Seiger Gfeller Laurie, LLP Attorneys for Third-Party Defendant/ Second Third-Party Plaintiff LAWRENCE EXTERIOR RESTORATION CORP. 100 Overlook Center, Second Floor Princeton, NJ (609) of 8

7 Riker, Danzig, Scherer, Hyland 4 Perretti, LLP Attorneys for Third Third-Party Defendant ACORN WIRE AhP IRON WORKS 500 Fifth Avenue New York, NY (212) AMAZING GLAZING, INC. Defendant Pro-Se Six Langdon Street Islip, NY AMERICAN SPRAY ON CORP. Defendant Pro-Se 16 West 19th Street New York, NY AXXESS, A DIVISION OF SYLVESTER 4 ASSOC. Defendant Pro-Se Frederick Sylvester 36 Gazza Boulevard Farmingdale, NY BIG APPLE CHIMNEY, LLC Defendant Pro-Se 54 Aster Court Brooklyn, NY CMA MECHANICAL CONSTRUCTION CORP. Defendant Pro-Se Crescent Street Long Island City, NY DISTINCT DRYWALL, INC. Defendant Pro-Se 535 Broadhollow Road, Suite B20 Melville, NY EXPERTISE STONE AND TILE, INC. Defendant Pro-Se Misrok & Rosenbaum, LLP 30 South Central Avenue Valley Stream, NY of 8

8 Index No.: /2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF 147 WAVERLY PLACE CONDOMINIUM, Plaintiff, KMG WAVERLY, LLC, KMGW, LLC, MARATHON WAVERLY, LLC, MARATHON REAL ESTATE OPPORTUNITY FUND, LLC, BURT MILLER, ERIC GRANOWSKY, STAN KLEGER, RON BERNSTEIN, BKSK ARCHITECTS, LLP, JOAN KREVLIN, GEORGE J. KULIK, P.E., P.C. and GEORGE J. KULIK, Defendants X And Other Third-Party Actions._ DEMAND FOR BILL OF PARTICULARS ON CROSS-CLAIMS HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendant SITECRAFT, INC. Office and Post Office Address 55 Broadway, Suite 202 New York, New York (212) of 8