FILED: NEW YORK COUNTY CLERK 01/30/ :47 PM INDEX NO /2013 NYSCEF DOC. NO. 710 RECEIVED NYSCEF: 01/30/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a ANTONIO URQUIZA, Deceased, Plaintzffs, Index No.: /2013 PARK AND 76TH ST. INC., MARY L. CARPENTER, EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, GUMLEY-HAFT LLC, CUMMINS PAINTING SPECIALISTS INC., ARTHUR C. KLEM, INC., ALKLEM PLUMBING, INC., AA SERVICES LLC GT CARPENTRY LLC CONNECTICUT THERMOFOAM LLC a/lda CONNECTICUT THERMOFOAM LIMITED LIABILITY COMPANY, ERIN CUSTOM INTERIORS INC., W.M. SANFARDINO ELECTRIC LTD, and PLASTER WORKS INC., NOTICE OF MOTION TO RENEW PRIOR MOTION FOR SUMMARY JUDGMENT Defendants. PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, plaintiffs ' Index No.: /2013 defendant. Page 1 of 5 1 of 6

2 MARY L. CARPENTER & EDMUND M. CARPENTER, Second third-party plaintiffs ' Second third-party Index No.: /2014 Second third-party defendant. NORDIC CUSTOM BUILDERS INC., Third third-party plaintiff, Third third-party Index No.: /2014 Third Defendant. MITCHELL STUDIO, LLC, Fourth third-party plaintiff, Fourth third-party Index No.: /2014 Fourth third-party defendant. Fifth third-party plaintiff, Fifth third-party Index No.: /2017 DECLAN O'MEARA and EURO WOOD TRIM INC., Fifth third-party defendants. SIRS: Page2 of 5 2 of 6

3 PLEASE TAKE NOTICE, that upon the annexed affirmation of Lawrence A. Doris dated January 29, 2018, the exhibits annexed thereto, and the pleadings and proceedings heretofore had herein, the undersigned attorneys for defendants third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, will move this Court at the Motion Support Office Courtroom thereof, located in the Courthouse, Supreme Court, New York County, 60 Centre Street, Room 130, New York, New York, on the 28th day of February, 2018, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order pursuant to CPLR 2221(e) renewing the prior motion for summary judgment by Grace, Ryan and Magnus Millwork LLC based upon facts not offered on the prior motion; upon good cause shown, reversing this Court's decision and order dated November 10, 2016 and denying Grace, Ryan and Magnus Millwork LLC's motion for summary judgment pursuant to CPLR 3212; and amending the caption accordingly; as well as for such other and further relief which, as to this Court, may appear just and proper. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR 2214(b), answering papers and cross-motions, if any, are required to be served upon the undersigned no later than seven (7) days before the return date of this motion. Dated: New York, New York January 29, 2018 Page 3 of 5 3 of 6

4 X LAWRENC. DORI FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC 65 Broadway Suite 742 New York, New York MIRANDA SAMBURSKY SLONE SKLARIN VERVENIOTIS, LLP Attorneys for GRACE, RYAN AND MAGNUS MILLWORK LLC 240 Mineola Boulevard Mineola, New York (516) ATF: DEREK ZISSER, ESQ. (212) RAYMOND SCHWARTZBERG & ASSOCIATES, PLLC Attorneys for plaintiffs, MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a Antonio Urquiza, Deceased, 1412 Broadway Suite 110 New York, New York (212) ATF: RAYMOND SCHWARTZBERG, ESQ. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO 4 ARCIOLD Attorneys for defendants, second thirdparty plaintiffs, MARY L. CARPENTER and EDMUND M. CARPENTER 55 Water Street 29th Floor New York, New York (212) ATF: RICHARD FREIRE, ESQ. Page4of 5 4 of 6

5 BAXTER, SMITH & SHAPIRO, P.C. Attorney for defendant, third third-party plaintiff, NORDIC CUSTOM BUILDERS INC. 99 North Broadway Hicksville, New York (516) ATT: ROBERT BAXTER, ESQ. LEWIS JOHS AVALLONE AVILES, LLP Attorneys for defendant, fourth third-party plaintiff, MITCHELL STUDIO, LLC One CA Plaza Suite 225 Islandia, New York (631) ATT: MICHAEL COLAVECCHIO, ESQ. DYLAN BRAVERMAN, ESQ. DUNCAN ROGERS LEE II, ESQ. Attorney for defendant, AA SERVICES, LLC 301 Highmount Terrace Upper Nyack, New York (845) ATT: DUNCAN LEE, ESQ. CONGDON, FLAHERTY, O'CALLAGHAN, REID, DONLON, TRAVIS & FISHLINGER Attorneys for third-party defendant, second third-party defendant, third third-party defendant, fourth third-party defendant, 333 Earle Ovington Boulevard Suite 502 Uniondale, New York (516) ATT: JOHN FLAHERTY, ESQ. Page 5 of 5 5 of 6

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARTHA PARADA ARDAYA and STIVENS A. SANQUINO, as Co-Administrators of the Estate of ANTONIO PELAGIO URQUIZA CARDENAS, a/k/a Antonio Urquiza, Deceased, Plaintiffs, PARK AND 76TH ST. INC., MARY L. CARPENTER, EDMUND M. CARPENTER, NORDIC CUSTOM BUILDERS INC., MITCHELL STUDIO, LLC, GUMLEY-HAFT LLC, Index No.: /20 CUMMINS PAINTING SPECIALISTS INC., ARTHUR C. KLEM, INC., ALKLEM PLUMBING, INC., AA SERVICES LLC, GT CARPENTRY, LLC, CONNECTICUT THERMOFOAM LLC a/k/a CONNECTICUT THERMOFOAM LIMITED LIABILITY COMPANY, ERIN CUSTOM INTERIORS INC., W.M. SANFARDINO ELECTRIC LTD, and PLASTER WORKS INC., PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC, Defendants. plaintiffs, Index No.: /20 MARY L. CARPENTER & EDMUND M. CARPENTER, defendant. Second third-party plaintiffs, Second third-party Index No.: /20 Second third-party defendant. NORDIC CUSTOM BUILDERS INC., Third third-party plaintiff, Third third-party Index No.: /20 MITCHELL STUDIO, LLC, Third Defendant. Fourth third-party Index No.: /20 Fourth third-party defendant. Fourth plaintiff,- third-party plaintiff, Fifth plaintiff,- third-party plaintiff, Fifth third-party Index No.: /20 DECLAN O'MEARA and EURO WOOD TRIM INC., Fifth third-party defendants. MOTION TO RENEW PRIOR MOTION FOR SUMMARY JUDGMENT FLYNN, GIBBONS & DOWD, ESQS. Attorneys for defendants, third-party plaintiffs, PARK AND 76TH ST. INC. and GUMLEY-HAFT LLC Office and Post Office Address 65 Broadway Suite 742 New York, NY (212) 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: Print si3,ner's name'. 6 of 6