FILED: SUFFOLK COUNTY CLERK 08/01/ :32 PM INDEX NO /2016 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 08/01/2018

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1 SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFOLK X â â â â â â â â â â â â â â â â â â â X Index No.: /2016 JOSEPH A. COSMA, Plaintiff, VERIFIED ANSWER TO CROSS-CLAIMS FOREST LABORATORIES, INC., TORCON, INC., and GRANDVIEW CONTRACTING CORP., X Defendant. GRANDVIEW CONTRACTING CORP., Third-Party Plaintiff, WATER MILL MASONRY & CONSTRUCTION CORP., Third-Party Defendant X TORCON, INC., Second Third-Party Plaintiff, VERTEX STEEL CORP., X Second Third-Party Defendant. GRANDVIEW CONTRACTING CORP., Third Third-Party Plaintiff, MAHAN CONSTRUCTION CORP., Third Third-Party Defendant. -X 1 of 9

2 FOREST LABORATORIES, INC., Fourth Third-Party Plaintiff, WATER MILL MASONRY & CONSTRUCTION CORP. and VERTEX STEEL CORP., X Fourth Third-Party Defendants. PLEASE TAKE NOTICE that the Second Third-Party Defendant/Fourth Third-Party Defendant, VERTEX STEEL CORP., by its attorneys, CASCONE & KLUEPFEL, LLP., answering the Cross-Claims of the Second Third-Party Defendant, TORCON, INC. and Third Third-Party Defendant, MAHAN CONSTRUCTION CORP., in their Answer to the Third Third- Party Complaint, upon information and belief, states as follows: AS TO THE FIRST CROSS CLAIM AGAINST DEFENDANT FOREST LABORATORIES, INC., DEFENDANT/THIRD PARTY PLAINTIFF/THIRD THIRD PARTY PLAINTIFF GRANDVIEW CONTRACTING CORP., VERTEX STEEL CORP., THIRD PARTY DEFENDANT/THIRD THIRD PARTY PLAINTIFF WATER MILL MASONRY 4 CONSTRUCTION CORP. 1. Denies each and every allegation of the Cross-Claim as contained in the Answer to the Third Third-Party Complaint in the paragraph of there of numbered "59" as to this answering Second Third-Party Defendant/Fourth Third-Party Defendant. AS TO THE SECOND CROSS CLAIM AGAINST DEFENDANT FOREST LABORATORIES, INC., DEFENDANT/THIRD PARTY PLAINTIFF/THIRD THIRD PARTY PLAINTIFF GRANDVIEW CONTRACTING CORP., VERTEX STEEL CORP., THIRD PARTY DEFENDANT/THIRD THIRD PARTY PLAINTIFF WATER MILL MASONRY 4 CONSTRUCTION CORP. 2. Denies each and every allegation of the Cross-Claim as contained in the Answer to the Third Third-Party Complaint in the paragraph of there of numbered "60" as to this answering Second Third-Party Defendant/Fourth Third-Party Defendant. 2 of 9

3 AS TO THE THIRD CROSS CLAIM AGAINST DEFENDANT FOREST LABORATORIES, INC., DEFENDANT/THIRD PARTY PLAINTIFF/THIRD THIRD PARTY PLAINTIFF GRANDVIEW CONTRACTING CORP., VERTEX STEEL CORP., THIRD PARTY DEFENDANT/THIRD THIRD PARTY PLAINTIFF WATER MILL MASONRY 4 CONSTRUCTION CORP. 3. Denies each and every allegation of the Cross-Claim as contained in the Answer to the Third Third-Party Complaint in the paragraphs of there of numbered "61", "62", "63", "64" and "65" as to this answering Second Third-Party Defendant/Fourth Third-Party Defendant. AS TO THE FOURTH CROSS CLAIM AGAINST DEFENDANT FOREST LABORATORIES, INC., DEFENDANT/THIRD PARTY PLAINTIFF/THIRD THIRD PARTY PLAINTIFF GRANDVIEW CONTRACTING CORP., VERTEX STEEL CORP., THIRD PARTY DEFENDANT/THIRD THIRD PARTY PLAINTIFF WATER MILL MASONRY & CONSTRUCTION CORP. 4. Denies each and every allegation of the Cross-Claim as contained in the Answer to the Third Third-Party Complaint in the paragraph of there of numbered ""66", "67" and "68" as to this answering Second Third-Party Defendant/Fourth Third-Party Defendant. WHEREFORE, the answering Second Third-Party Defendant/Fourth Third-Party Defendant demands judgment dismissing the Cross-Claims in the Answer of Second Third-Party Defendant, TORCON, INC. and Third Third-Party Defendant, MAHAN CONSTRUCTION CORP, together with the costs and disbursements of this action, including attorneys' fees and for such other and further relief as this Court deems just and proper. Dated: Garden City, New York August 1, of 9

4 Yours, etc. TIMOTHY J. CAMPANELLA, ESQ. CASCONE & KLUEPFEL, LLP Attorneys for Second Third-Party Defendant/Fourth Third-Party Defendant VERTEX STEEL CORP 1399 Franklin Avenue, Suite 302 Garden City, New York (516) Fax: (516) Our File No.: 04548DCB TO: KAZMIERCZUK &McGRATH Attomeys for Plaintiff JOSEPH A. COSMA Metropolitan Avenue Forest Hills, New York (718) Wendy Cardali, Esq. FLEISCHNER, POTASH, CARDALI, CHERNOW, GOOGLER, GREISMAN, STARK & STEWART, LLP Attorneys for Defendant/Second Third-Party Plaintiff TORCON, INC. and Third Third-Party Defendant MAHAN CONSTRUCTION CORP Franklin Avenue - Suite 200 Mineola, New York (516) File No.: weardali@fleischnerpotash.com Patrick Aurilia, Esq. FABIANI, COHEN & HALL, LLP. Attorneys for Defendant/Fourth Third-Party Plaintiff FOREST LABORATORIES, INC. 570 Lexington Avenue - 4th FlOOr New York, New York (212) File No.: of 9

5 FURMAN, KORNFELD & BRENNAN, LLP. Attorneys for Defendant/Third-Party Plaintiff/Third Third-Party Plaintiff GRANDVIEW CONTRACTING CORP. 570 Taxter Road Elrnsford, New York (212) Robert X. Larkin, Esq. BELLO & LARKIN Attorneys for Third-Party Defendant WATER MILL MASONRY 86 CONSTRUCTION CORP. 150 Motor Parkway - Suite 405 Hauppauge, New York (631) of 9

6 VERIFICATION TIMOTHY J. CAMPANELLA, an attorney admitted to practice in the courts of the State of New York, affirms: that I am an Associate with the firm CASCONE & KLUEPFEL, LLP, attorneys of record for the Second Third-Party Defendant/Fourth Third-Party Defendant, VERTEX STEEL CORP., in the within action, that I have read the foregoing Answer to the Cross- Claims of the Second Third-Party Defendant, TORCON, INC. and Third Third-Party Defendant, MAHAN CONSTRUCTION CORP., and that its contents are true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters I believe it to be true. I further attest that the reason this verification is made by our office and not by the Second Third-Party Defendant/Fourth Third-Party Defendant is that the Second Third-Party Defendant/Fourth Third-Party Defendant do not reside within the County of Nassau where we maintain our office. I affirm that the foregoing statements are true under penalties of perjury. Dated: Garden City, New York August 1, 2018 TIMOTHY J. CAMPANELLA 6 of 9

7 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NASSAU )ss.: I, JOAN URY, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside in Nassau County, New York: On August 1, 2018 I served the within VERIFIED ANSWER TO CROSS-CLAIMS [X] Service by by depositing a true copy thereof in a post-paid wrapper, in an official depository under the Mail exclusive care and official depository under the exclusive care and custody of the U.S. Postal Service within the New York State, addressed to each of the following persons at the last known address set forth after each name: [ ] Personal by delivering a true copy thereof personally to each person named below at the address Served on indicated. I knew each person served to be the person mentioned and described in said Individual papers as a party therein: [ ] Personal by delivering a true copy thereof personally to each person named below at the address indicated. I knew each person served to be the person mentioned and described in said papers as a party therein: [X] Service by by transmitting the papers by electronic means to the telephone number listed below, which Electronic number was designated by the attorney for such purpose. I received a signal from the Means equipment of the attorney served indicating that the transmission was received. I also deposited a true copy of the papers, enclosed in a post-paid wrapper, in an official depository under the care and custody of the U.S. Postal Service, addressed to the attorney at the address set forth after each name: [ ] Overnight by depositing a true copy thereof, enclosed in a wrapper addressed as shown below, into the custody of UNITED PARCEL SERVICE for overnight delivery, prior to the latest time designated by that service for overnight delivery. UPS NEXT DAY AIR TO: KAZMIERCZUK &McGRATH Attorneys for Plaintiff JOSEPH A. COSMA Metropolitan Avenue Forest Hills, New York Wendy Cardali, Esq. FLEISCHNER, POTASH, CARDALI, CHERNOW, GOOGLER, GREISMAN, STARK & STEWART, LLP Attorneys for Defendant/Second Third-Party Plaintiff TORCON, INC. and Third Third-Party Defendant MAHAN CONSTRUCTION CORP Franklin Avenue - Mineola, New York Suite of 9

8 Patrick Aurilia, Esq. FABIANI, COHEN & HALL, LLP. Attorneys for Defendant/Fourth Third-Party Plaintiff FOREST LABORATORIES, INC. 570 Lexington Avenue - 4th FlOOr New York, New York FURMAN, KORNFELD & BRENNAN, LLP. Attorneys for Defendant/Third-Party Plaintiff/Third Third-Party Plaintiff GRANDVIEW CONTRACTING CORP. 570 Taxter Road Elmsford, New York Robert X. Larkin, Esq. BELLO & LARKIN Attorneys for Third-Party Defendant WATER MILL MASONRY & CONSTRUCTION CORP. 150 Motor Parkway - Suite 405 Hauppauge, New York Sworn to before me this st ay of Aug,ust 2018 JO 4JRY I.; Notary Public CARLA D. OSTERHOF Notary Public, State of NewYork No. 01OS Qualified in Nassau County Corninission Expires February 17, 20~O 8 of 9

9 SUPREME COURT STATE OF NEW YORK COUNTY OF SUFFOLK â â â â XX â â Index No.: /2016 JOSEPH A. COSMA, Plaintiff, FOREST LABORATORIES, INC., TORCON, INC., and GRANDVIEW CONTRACTING CORP., Defendant XX And a Third Party Actions VERIFIED ANSWER TO CROSS-CLAIMS CASCONE & KLUEPFEL, LLP. Attorneys for Second Third-PartyDefendant VERTEX STELL CORP. Office and Post Office Address, Telephone 1399 Franklin Avenue - Suite 302 Garden City, New York (516) (516) Facsimile To: ALL COUNSEL Service of a copy of the within is hereby admitted, Dated, Attorney(s) for Second Third-Party Defendant/ Fourth Third-Party Defendant VERTEXSTELL S TELL CORP 9 of 9