FILED: QUEENS COUNTY CLERK 01/11/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 01/11/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X X STACY CHESSEN AND ERIC CHESSEN, Plaintiff(s), CROSS CLAIM -against- Index No /2016 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY and ABM, formerly known as Ampco System Parking Servies, d/b/a ABM Parking Services, SWISSPORT USA, INC. Formerly doing business as Servisair LLC and ALLIED BARTON SECURITY SERVICES, Defendant(s) X X The defendant(s), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, by their attorneys, McGaw, Alventosa & Zajac as and for an Cross Claim to the complaint of the plaintiff(s) herein, respectfully allege(s) upon information and belief: AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AND/OR INDEMNIFICATION AGAINST THE CO- DEFENDANT(S), ALLIED BARTON SECURITY SERVICES, THE DEFENDANT(S), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, ALLEGES: That any injuries and damages sustained by the plaintiff(s) herein as a result of the alleged incident described in the plaintiffs Complaint were sustained in whole or in part by reason of the negligence or other breach of duty on the part of the co-defendants, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND ABM, formerly known as Ampco System Parking Services, d/b/a ABM parking services, and ALLIED BARTON SECURITY. That if it is determined that the defendant, SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, is liable in 1 of 7

2 any degree to the plaintiff(s), whether because of negligence, by operation of law or any other reason, the defendant, SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, is entitled to have the liability apportioned among and between the defendants by way of contribution and/or is entitled to be indemnified by one or more of said co-defendants. WHEREFORE, the defendant, SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, demands judgment dismissing the Complaint of the plaintiff(s) herein with costs and further demands judgment pursuant to Section 3019b and Article 14 of the CPLR, that the ultimate rights of the defendant(s), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, and the co-defendants, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND ABM, formerly known as Ampco System Parking Services, d/b/a ABM parking services, and ALLIED BARTON SECURITY, be determined as between themselves in that the defendant(s), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC, have judgment over and against the co-defendants, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND ABM, formerly known as Ampco System Parking Services, d/b/a ABM parking services, and ALLIED BARTON SECURITY, for indemnification and/or contribution in whole or in part, for the amount of any sum which may be recovered herein against the defendant(s), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing businessasservisair LLC, together with attorneys' attorneys fees and the costs and disbursements of this action. 2 of 7

3 Dated: Jericho, New York January 11, 2018 Yours, etc., McGAW, ALVENTOSA & ZAJAC (s) SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC By. ( kri tine A. Renna Two Jericho Plaza, Wing A, Floor 2 Jericho, New York (516) Our File # NYJE TO: Hirsch, Britt & Mose Attorneys for Plaintiff 865 Merrick Avenue Westbury, New York (516) Jeffery Samel 4 Partners ABM PARKING SERVICES, INC. 150 Broadway, Suite 1600 New York, NY (212) SHAFER GLAZER, LLP ALLIED BARTON SECURITY SERVICES LLC 125 Maiden Lane, 16th Floor (212) Port Authority Law Department 4 World Trade Center 150 Greenwich Street, 24th Floor New York, NY of 7

4 ATTORNEY'S VERIFICATION Kristine A. Renna, an attorney duly admitted to practice law in New York State states: That I am a member of the law offices of McGaw, Alventosa & Zajac attorneys for the defendant(s), SWISSPORT SA, LLC formerly known as Servisair LLC i/s/h/a/ Swissport USA, Inc. formerly doing business as Servisair LLC. That I have read the annexed CROSS CLAIM and know the contents thereof and the same are true to my knowledge, except those matters herein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Investigations made into the subject matter of the Complaint and information received in the course of the defense of this action, and files maintained by my office. The reason why this verification is made by said deponent and not by defendant is that said defendant is not within the county where I have my office. Dated: Jericho, New York January 11, 2018 / 4 of 7

5 STATE OF NEW YORK ) COUNTY OF NASSAU ) ) SS: Michele Fedele, being duly sworn, deposes and says: That I am not a party to this action, am over 18 years of age and reside in the State of New York. On January 11, 2018, I served a true copy of the within CROSS CLAIM in the following manner: D by mailing the same in a sealed envelope, with postage prepaid thereon, in a post ofce or of cial depository of the U.S. Service Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below. by Mali D by depositing the same with an overnight delivery service in a properly addressed wrapper: Said delivery was made Oswrnight prior to the latest time designated by the overnight delivery service for overnight delivery. The address and delivery Delivery service are indicated below. Sernce D by delivering the same personally to the persons and at the addresses indicated below. Personal Service NYSECF by New York State Cottrts Electronic Filing (NYSECF) System. TO: Hirsch, Britt & Mose Attorneys for Plaintiff 865 Merrick Avenue Westbury, New York (516) Jeffery Samel & Partners ABM PARKING SERVICES, INC. 150 Broadway, Suite 1600 New York, NY (212) SHAFER GLAZER, LLP ALLIED BARTON SECURITY SERVICES LLC 125 Maiden Lane, 16th Floor (212) of 7

6 Port Authority Law Department 4 World Trade Center 150 Greenwich Street, 24th Floor New York, NY I I ichele Fedele Sworn to th 11 day Of 388 ublic this JACQUELiNE ~ Notary Public. State McDONNELL No of New York QuaMied01MC m Suffolk CommissionExonm3 County M2 f NYJE Chessen v. The Port Authority of New York and New Jersey et. al. Index Number: 708/48/20I6 6 of 7

7 Index No /2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS STACY CHESSEN AND ERIC CHESSEN, Plaintiff(s), -against- THE PORTAUTHORITY OF NEW YORK AND NEW JERSEY and ABM, formerly known as Ampco System Parking Servies, d/b/a ABM Parking Services,SWISSPORT USA, INC. Formerly doing business as Servisair LLC and ALLIED BARTON SECURITY SERVICES, Defendant(s). CROSS CLAIM McGAW, ALVENTOSA & ZAJAC (s) SWISSPORT SA, LLC Formerly Known As Servisair LLC I/S/H/A/ Swissport USA, Inc. Formerly Doing Business As Servisair LLC TWO JERICHO PLAZA, WING A, FLOOR 2 JERICHO, NY (516) To: Hirsch, Britt & Mose Attorney(s) for the Plaintiff STACY CHESSEN AND ERIC CHESSEN Service of a copy ofthe within is hereby admitted. Dated:... Attorney(s)for PLEASE TAKE NOTICE C3 that the within is a (certified) true copy of an Order Notice of entered in the olice of the Clerk the within named Court on. Entry that an Order of which the within is a true copy will be presented for settlement to the Notice of Hon., one of the judges of the within named scutcmcnt Court, at on,, at M. Dated: Jericho, New York Date McGAW, ALVENTOSA & ZAJAC (s) SWISSPORT SA, LLC Formerly Known As Servisair LLC I/S/H/A/ Swissport USA, Inc. Formerly Doing Business As Servisair LLC TWO JERICHO PLAZA, WING A, FLOOR 2 NY JERICHO, of 7