FILED: RICHMOND COUNTY CLERK 10/25/ :36 PM INDEX NO /2016 NYSCEF DOC. NO. 244 RECEIVED NYSCEF: 10/25/2017

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X THE TIDES AT CHARLESTON HOMEOWNERS ASSOCIATION, INC., Plaintiff, Index No.: /2016 ECF CERTIFICATION -against- PC GROUP, LLC, TRADES CONTRUCTION SERVICES CORP., DESIGN PLUMBING & HEATING SERVICE, INC., PRP HOLDINGS, LLC, A.J. CARUSO ELECTRICAL, INC., RAYMOND HOMES, INC., DUO PLUMBING & HEATING CORP., ISLAND CONCRETE CORP., NY ASPHALT, INC., GREENBERG FARROW ARCHITECTURE, RAMPULLA ASSOCIATES ARCHITECTS, LLP, RAYMOND MASUCCI, MICHAELO PUCCIARELLI, JOSEPH MALVASIO, VERIZON COMMUNICATIONS, INC. ( A/K/A VERIZON), CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (A/K/A CON ED) ABC SUBCONTRACTORS 1 THROUGH 10, XYZ ARCHITECTS/ENGINEERS, JOHN DOE 1 THROUGH 10 and JANE DOE 1 THROUGH 10, said names being fictitious, intended to be persons or entities responsible for the design, construction, repair and/or maintenance of the Association s common elements, JOHN DOE BOARD MEMBERS 1 THROUGH 10 and JANE DOE BOARD MEMBERS: 1 THROUGH 10, and names being fictitious, intended to be persons or entities who served as members of the Board of Directors as appointed by the Declarant or its affiliated entities and/or representatives, Defendants X C O U N S E L: 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. Demand Pursuant to CPLR 3017(c) Answer, with Cross-Claims, to Third Amended Complaint of Defendant Island Concrete Corp. Demand for a Verified Bill of Particulars upon plaintiff Combined Demands upon plaintiff and defendants 1 of 55

2 Notice for Discovery and Inspection upon plaintiff Notice of Deposition upon plaintiff and defendants Notice of Revocation of Service by Facsimile Notice of Inspection of Plaintiff s Property Dated: New York, New York October 24, 2017 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY Robert P. Fumo By: ROBERT FUMO ISLAND CONCRETE CORP. Mailing Address P.O. Box 2903 Hartford, CT TO: Office Address 485 Lexington Avenue, 7 th Floor New York, NY (917) Matter No.: David J. Byrne, Esq. ANSELL GRIMM & AARON PC Attorneys for Plaintiff 140 Grand Street, Suite 501 White Plains, NY (800) RIVKIN RADLER LLP TRADES CONTRUCTION SERVICES CORP. 926 RXR Plaza Uniondale, NY (516) GOLDSTEIN LAW, P.C. GREENBERG FARROW ARCHITECTURE 1325 Franklin Avenue, Suite 320 Garden City, NY of 55

3 (516) MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DUO PLUMBING & HEATING CORP. Wall Street Plaza 88 Pine Street, 21 st Floor New York, NY (212) GAINES & FISHLER LLP RAYMOND HOMES, INC 2555 Richmond Avenue, Suite 2 Staten Island, NY (718) MALAPERO & PRISCO LLP DESIGN PLUMBING & HEATING SERVICE, INC. 185 Madison Avenue New York, NY (212) MILBER MAKRIS PLOUSADIS & SEIDEN, LLP ATTORNEYS AT LAV/ RAMPULLA ASSOCIATES ARCHITECTS, LLP 709 Westchester Avenue, Suite 300 White Plains, New York (914) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ATTN: LAW DEPT / ROOM 1850-s 4 IRVING PLACE NEW YORK, NEW YORK VERIZON NEW YORK INC. C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY MICHAEL PUCCIARELLI 25 Griswold Court Staten Island, NY of 55

4 JOSEPH MALVASIO 650 Windsor Way Monroe Township, NJ PRP HOLDINGS, LLC 200 South Avenue Staten Island, NY A.J. CARUSO ELECTRICAL 392 Victory Blvd #1 Staten Island, NY NY ASPHALT, INC c/o Michael Thompson 73 Industrial Loop Staten Island, NY PC GROUP, LLC 101 Tyrellan Avenue Staten Island, NY of 55

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X THE TIDES AT CHARLESTON Index No.: /2016 ECF HOMEOWNERS ASSOCIATION, INC., DEMAND PURSUANT Plaintiff, TO CPLR 3017(c) -against- PC GROUP, LLC, TRADES CONTRUCTION SERVICES CORP., DESIGN PLUMBING & HEATING SERVICE, INC., PRP HOLDINGS, LLC, A.J. CARUSO ELECTRICAL, INC., RAYMOND HOMES, INC., DUO PLUMBING & HEATING CORP., ISLAND CONCRETE CORP., NY ASPHALT, INC., GREENBERG FARROW ARCHITECTURE, RAMPULLA ASSOCIATES ARCHITECTS, LLP, RAYMOND MASUCCI, MICHAELO PUCCIARELLI, JOSEPH MALVASIO, VERIZON COMMUNICATIONS, INC. ( A/K/A VERIZON), CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (A/K/A CON ED) ABC SUBCONTRACTORS 1 THROUGH 10, XYZ ARCHITECTS/ENGINEERS, JOHN DOE 1 THROUGH 10 and JANE DOE 1 THROUGH 10, said names being fictitious, intended to be persons or entities responsible for the design, construction, repair and/or maintenance of the Association s common elements, JOHN DOE BOARD MEMBERS 1 THROUGH 10 and JANE DOE BOARD MEMBERS: 1 THROUGH 10, and names being fictitious, intended to be persons or entities who served as members of the Board of Directors as appointed by the Declarant or its affiliated entities and/or representatives, Defendants X C O U N S E L: Pursuant to CPLR 3017(c) within fifteen (15) days from the date of service of this request, plaintiff is hereby required to set forth the total damages to which plaintiff deems itself entitled, and list same separately for each cause of action. Dated: New York, New York October 24, of 55

6 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY Robert P. Fumo By: ROBERT FUMO ISLAND CONCRETE CORP. Mailing Address P.O. Box 2903 Hartford, CT TO: Office Address 485 Lexington Avenue, 7 th Floor New York, NY (917) Matter No.: David J. Byrne, Esq. ANSELL GRIMM & AARON PC Attorneys for Plaintiff 140 Grand Street, Suite 501 White Plains, NY (800) RIVKIN RADLER LLP TRADES CONTRUCTION SERVICES CORP. 926 RXR Plaza Uniondale, NY (516) GOLDSTEIN LAW, P.C. GREENBERG FARROW ARCHITECTURE 1325 Franklin Avenue, Suite 320 Garden City, NY (516) MILBER MAKRIS PLOUSADIS & SEIDEN, LLP RAMPULLA ASSOCIATES ARCHITECTS, LLP 709 Westchester Avenue, Suite 300 White Plains, New York of 55

7 (914) MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DUO PLUMBING & HEATING CORP. Wall Street Plaza 88 Pine Street, 21 st Floor New York, NY (212) GAINES & FISHLER LLP RAYMOND HOMES, INC 2555 Richmond Avenue, Suite 2 Staten Island, NY (718) MALAPERO & PRISCO LLP DESIGN PLUMBING & HEATING SERVICE, INC. 185 Madison Avenue New York, NY (212) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ATTN: LAW DEPT / ROOM 1850-s 4 IRVING PLACE NEW YORK, NEW YORK VERIZON NEW YORK INC. C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY MICHAEL PUCCIARELLI 25 Griswold Court Staten Island, NY JOSEPH MALVASIO 650 Windsor Way Monroe Township, NJ PRP HOLDINGS, LLC 200 South Avenue Staten Island, NY of 55

8 A.J. CARUSO ELECTRICAL 392 Victory Blvd #1 Staten Island, NY NY ASPHALT, INC c/o Michael Thompson 73 Industrial Loop Staten Island, NY PC GROUP, LLC 101 Tyrellan Avenue Staten Island, NY of 55

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X THE TIDES AT CHARLESTON HOMEOWNERS ASSOCIATION, INC., Index No.: /2016 ECF -against- Plaintiff, ANSWER,WITH CROSS- CLAIMS TO THIRD AMENDED COMPLAINT PC GROUP, LLC, TRADES CONTRUCTION SERVICES CORP., DESIGN PLUMBING & HEATING SERVICE, INC., PRP HOLDINGS, LLC, A.J. CARUSO ELECTRICAL, INC., RAYMOND HOMES, INC., DUO PLUMBING & HEATING CORP., ISLAND CONCRETE CORP., NY ASPHALT, INC., GREENBERG FARROW ARCHITECTURE, RAMPULLA ASSOCIATES ARCHITECTS, LLP, RAYMOND MASUCCI, MICHAELO PUCCIARELLI, JOSEPH MALVASIO, VERIZON COMMUNICATIONS, INC. ( A/K/A VERIZON), CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (A/K/A CON ED) ABC SUBCONTRACTORS 1 THROUGH 10, XYZ ARCHITECTS/ENGINEERS, JOHN DOE 1 THROUGH 10 and JANE DOE 1 THROUGH 10, said names being fictitious, intended to be persons or entities responsible for the design, construction, repair and/or maintenance of the Association s common elements, JOHN DOE BOARD MEMBERS 1 THROUGH 10 and JANE DOE BOARD MEMBERS: 1 THROUGH 10, and names being fictitious, intended to be persons or entities who served as members of the Board of Directors as appointed by the Declarant or its affiliated entities and/or representatives, Defendants X C O U N S E L: Defendant, ISLAND CONCRETE CORP., by its attorneys, LAW OFFICE OF JAMES J. TOOMEY, answering the Third Amended Complaint of the plaintiff, alleges upon information and belief, the following: 9 of 55

10 GENERAL ALLEGATIONS 1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20. ANSWERING A FIRST CAUSE OF ACTION 2. Responding to the paragraph of the Third Amended Complaint designated 21, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs 1 through 20 with the same force and effect as if set forth at length herein. 3. Denies each and every allegation contained in the paragraph of the Complaint designated 22, 23, and 24 and respectfully refers all questions of law to this Honorable Court. 4. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 25, 26, 27, 5. Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 28. ANSWERING A SECOND CAUSE OF ACTION 6. Responding to the paragraph of the Third Amended Complaint designated 29, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 7. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 30, 31, 32 and Denies each and every allegation contained in the paragraphs of the Third Amended Complaint designated 34 and of 55

11 ANSWERING A THIRD CAUSE OF ACTION 9. Responding to the paragraph of the Third Amended Complaint designated 36, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 10. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 37, 38 and Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 40 and 41. ANSWERING A FOURTH CAUSE OF ACTION 12. Responding to the paragraph of the Third Amended Complaint designated 42, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 13. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 43, 44, 45, 46, Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 48, 49 and 50. ANSWERING A FIFTH CAUSE OF ACTION 15. Responding to the paragraph of the Third Amended Complaint designated 51, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 16. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 52, 53, 54, and of 55

12 17. Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 56 and 57. ANSWERING A SIXTH CAUSE OF ACTION 18. Responding to the paragraph of the Third Amended Complaint designated 58, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 19. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 59, 60, 61, 62, 63, 64, and Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 66 and 67. ANSWERING A SEVENTH CAUSE OF ACTION 21. Responding to the paragraph of the Third Amended Complaint designated 68, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 22. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 69, 70, 71, and Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 73 and 74. ANSWERING A EIGHTH CAUSE OF ACTION 24. Responding to the paragraph of the Third Amended Complaint designated 75, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 12 of 55

13 25. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 76, 77, 78, 79, 80, 81 and Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 83 and 84. ANSWERING A EIGHTH CAUSE OF ACTION 27. Responding to the paragraph of the Third Amended Complaint designated 85, repeats and reiterates each and every admission, denial and other response heretofore made to the preceding paragraphs with the same force and effect as if set forth at length herein. 28. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Third Amended Complaint designated 86, 87, 88, 89, and Denies each and every allegation contained in the paragraph of the Third Amended Complaint designated 91. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 30. As a result of missing elements, the Third Amended Complaint fails to state sustainable cause(s) of action upon which relief can be granted as to this answering party, defendant ISLAND CONCRETE CORP. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 31. Upon information and belief, all or a portion of the alleged damages and/or defects at plaintiff s premises at The Tides at Charleston, Staten Island, New York, and/or damages allegedly sustained by plaintiff were pre-existing, and/ or were also caused in whole or in part by the culpable conduct of plaintiff, including negligence, as a result of which the claim of plaintiff are therefore barred or diminished in the proportion that such culpable conduct of plaintiff bears to the total culpable conduct causing the alleged damages. 13 of 55

14 AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 32. This party's responsibility for non-economic loss, if any, which is expressly denied herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto, who is or may be responsible for the happening of plaintiff s alleged damages and, thus, this party is entitled to a limitation of damages as set forth in CPLR Article 16. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 33. That by entering into any business activity in which plaintiff engaged in prior to the time of the claims set forth in the Third Amended Complaint and, said plaintiff knew all alleged building and unit defects and/or damaged property thereof, the risks inherent thereto and had full knowledge of the all alleged defects and damages thereof; that whatever defects and/or damages that were claimed by plaintiff as alleged in the Third Amended Complaint arose from, and were caused by reason of such inherent risks voluntarily undertaken by the plaintiff in its own activities, and such risks were assumed and accepted by plaintiffs. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 34. That in the event plaintiff has or should in the future, settle any portion of the claims arising from the allegations contained in plaintiff s Third Amended Complaint with any currently named defendant, or still to be named defendants, the respective rights of the remaining parties should be determined pursuant to Section of the General Obligations Law. AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 35. Upon information and belief, plaintiff failed to mitigate alleged defects and/or alleged damages. AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 36. All or a portion of plaintiffs alleged damages, if any, were caused by the culpable conduct of parties other than the answering defendant, ISLAND CONCRETE CORP, and/or by misuse and/or 14 of 55

15 abuse of the property by defendant and/or others, and over whom defendant ISLAND CONCRETE CORP had no control. AS AND FOR AN EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE this action. 37. That the plaintiff has each failed to join, as defendants, all necessary and proper parties in AS AND FOR A NINTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 38. All or a portion of the plaintiffs claims are barred by the statute of frauds. AS AND FOR A TENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 39. Upon information and belief, all or a portion of the alleged plaintiff s property at The Tides at Charleston, Staten Island, New York at issue was altered by a party or parties neither under the control, nor employ, of this answering defendant. AS AND FOR A ELEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 40. Upon information and belief, no act or alleged omission of ISLAND CONCRETE CORP. caused or contributed to any damages or losses allegedly sustained by the plaintiff as described in the Third Amended Complaint. AS AND FOR A TWELFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 41. Upon information and belief, the action is barred, and may not be maintained as this answering defendant ISLAND CONCRETE CORP, affirmatively pleads waiver, estoppel and laches as a bar to this action. AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 42. Upon information and belief, all or a portion of the alleged defects and/or damages at plaintiff s property at The Tides at Charleston, Staten Island, New York were previously caused by errors, conflicts and discrepancies set forth in the architectural and/or engineering drawings, blueprints, 15 of 55

16 plans, and specifications for the property and/or unit, of which were not generated by this answering defendant. AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 43. The answering defendant, ISLAND CONCRETE CORP. has performed its contractual obligations, if any, and exercised reasonable care during the performance of any obligation. AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 44. All or a portion of the claims made as against this answering defendant ISLAND CONCRETE CORP. are barred by the applicable statute of limitations AS AND FOR SIXTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 45. Upon information and belief, all or a portion of the alleged defects and/or alleged defective plaintiff s property has been discarded, repaired and/or otherwise spoiled. AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION AGAINST CO-DEFENDANTS, THIS DEFENDANT ISLAND CONCRETE CORP ALLEGES THE FOLLOWING: 46. That if plaintiff was caused to sustain damages at the time and place set forth in the Third Amended Complaint through any carelessness, recklessness and/or negligence other than the plaintiff s own, such damages were sustained in whole or in part due to the primary and active carelessness, recklessness and negligence and/or negligent acts of omission or commission of the co-defendants, its agent(s), servant(s) and/or employee(s) with the negligence of this answering defendant, if any, being secondary, derivative and created solely by operation of law. If plaintiff should recover judgment against the answering defendant, then co-defendants shall be liable to fully indemnify this answering defendant ISLAND CONCRETE CORP. for the amount of any recovery obtained herein by plaintiff against this answering defendant as the Court or jury may direct. 16 of 55

17 That by reason of this action, answering defendant has been and will be put to costs and expenses, including attorneys fees, and, this defendant demands judgment dismissing the Third Amended Complaint herein as to this defendant and, further, demands judgment over and against codefendants for the amount of any judgment which may be obtained herein by the plaintiff against this answering defendant or in such amount as a Court or jury may determine, together with the costs and disbursements of the action. AS AND FOR A CROSS-CLAIM FOR COMMON LAW NEGLIGENCE AGAINST CO-DEFENDANTS, THIS DEFENDANT ALLEGES THE FOLLOWING: 47. That if plaintiff was caused to sustain damages at the time and place set forth in the Third Amended Complaint through any carelessness, recklessness and/or negligence other than the plaintiffs own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-defendants, its agent(s), servant(s) and/or employee(s). Further, if plaintiffs should recover judgment against this answering defendant, the codefendants shall be liable to this defendant, ISLAND CONCRETE CORP., on the basis of apportionment of responsibility for the alleged occurrence and this defendant is entitled to contribution from and judgment over and against co-defendants for all or part of any verdict or judgment which plaintiffs may recover in such amounts as a jury or Court may direct. This defendant demands judgment dismissing the Third Amended Complaint herein as to the answering defendant, and further demands judgment over and against co-defendants for the amount of any judgment which may be obtained herein by plaintiffs against this answering defendant or in such amount as the Court or jury may determine, together with the costs and disbursements of the action. 17 of 55

18 AS AND FOR A CROSS-CLAIM FOR CONTRACTUAL INDEMNIFICATION AGAINST CO-DEFENDANTS, THIS DEFENDANT ISLAND CONCRETE CORP ALLEGES THE FOLLOWING: 48. That if plaintiff was caused to sustain damages at the time and place set forth in the Third Amended Complaint through any carelessness, recklessness and/or negligence other than the plaintiff s own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-defendants, its agent(s), servant(s) and/or employee(s). That co-defendants and this answering defendant duly entered into a contract/agreement/lease wherein co-defendants agreed to hold harmless, fully indemnify and assume the defense of this defendant and that such contract/agreement/lease was in full force and effect on the date of the incident made the subject of this litigation. The relevant terms of such contract are hereby incorporated by reference as if same were more fully set forth herein. That by reason of the foregoing, co-defendants will be liable to fully indemnify this defendant for the amount of any recovery which may be obtained herein by plaintiffs against this answering defendant or, in such amount as a Court or jury may determine, together with the costs and disbursements of the action. That by reason of this section, this defendant has been and will be put to costs and expenses, including attorneys fees. That demand has been made upon co-defendant to assume all responsibilities under such agreement and said demand has been wrongfully refused. AS AND FOR A CROSS-CLAIM FOR INSURANCE COVERAGE AGAINST CO-DEFENDANTS, THIS DEFENDANT ISLAND CONCRETE CORP. ALLEGES THE FOLLOWING: 49. That if plaintiff is entitled to recovery from this answering defendant, then co-defendants will be obliged to fully indemnify this answering defendant ISLAND CONCRETE CORP. pursuant to the terms of a contract/agreement/lease which provided that this answering defendant shall be named as an 18 of 55

19 Additional Insured on the policy or policies of liability insurance obtained by co-defendants; that in the event said co-defendants failed to procure such insurance coverage for this answering defendant then, pursuant to Kinney v. G.W. Lisk Co., 76 N.Y.2d 215 (1990) said co-defendants shall be liable for and shall indemnify and hold this defendant harmless for any and all amounts awarded to said plaintiffs, as well as all costs, disbursements and other damages associated with this litigation. Further, if plaintiff or any other party should recover judgment against this answering defendant, then co-defendants shall be liable to this defendant for the alleged occurrence and this defendant is entitled to full indemnification from and judgment over against said co-defendants for all or part of any verdict or judgment which any party may recover against the answering defendant in such amounts as a jury or the Court may determine. Answering defendant demands judgment dismissing the Third Amended Complaint herein as to this defendant and, further, demands judgment over and against co-defendants for the amount of any judgment which may be obtained herein by the plaintiff against this answering defendant or, in such amount as the Court or jury may determine, together with the costs and disbursements of the action and the costs of prosecuting this cross-claim. WHEREFORE, defendant ISLAND CONCRETE CORP. demands judgment dismissing plaintiff s Third Amended Complaint against it, together with the costs and disbursements of this action, and further demands that in the event said answering defendant is found liable to plaintiff herein, then said answering defendant, ISLAND CONCRETE CORP, on the basis of apportionment of responsibility, have judgment over and against co-defendants, for all or part of the verdict or judgment that plaintiff may recover against said answering defendant together with the costs and disbursements of this action and for any expenses incurred by it in the defense thereof, including attorney fees. Dated: New York, New York October 24, of 55

20 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY Robert P. Fumo By: ROBERT FUMO ISLAND CONCRETE CORP. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, 7 th Floor New York, NY (917) Matter No.: TO: David J. Byrne, Esq. ANSELL GRIMM & AARON PC Attorneys for Plaintiff 140 Grand Street, Suite 501 White Plains, NY (800) RIVKIN RADLER LLP TRADES CONTRUCTION SERVICES CORP. 926 RXR Plaza Uniondale, NY (516) GOLDSTEIN LAW, P.C. GREENBERG FARROW ARCHITECTURE 1325 Franklin Avenue, Suite 320 Garden City, NY (516) MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DUO PLUMBING & HEATING CORP. 20 of 55

21 Wall Street Plaza 88 Pine Street, 21 st Floor New York, NY (212) MILBER MAKRIS PLOUSADIS & SEIDEN, LLP RAMPULLA ASSOCIATES ARCHITECTS, LLP 709 Westchester Avenue, Suite 300 White Plains, New York (914) GAINES & FISHLER LLP RAYMOND HOMES, INC 2555 Richmond Avenue, Suite 2 Staten Island, NY (718) MALAPERO & PRISCO LLP DESIGN PLUMBING & HEATING SERVICE, INC. 185 Madison Avenue New York, NY (212) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ATTN: LAW DEPT / ROOM 1850-s 4 IRVING PLACE NEW YORK, NEW YORK VERIZON NEW YORK INC. C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY MICHAEL PUCCIARELLI 25 Griswold Court Staten Island, NY JOSEPH MALVASIO 650 Windsor Way Monroe Township, NJ PRP HOLDINGS, LLC 200 South Avenue Staten Island, NY of 55

22 A.J. CARUSO ELECTRICAL 392 Victory Blvd #1 Staten Island, NY NY ASPHALT, INC c/o Michael Thompson 73 Industrial Loop Staten Island, NY PC GROUP, LLC 101 Tyrellan Avenue Staten Island, NY of 55

23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X THE TIDES AT CHARLESTON HOMEOWNERS ASSOCIATION, INC., -against- Plaintiff, PC GROUP, LLC, TRADES CONTRUCTION SERVICES CORP., DESIGN PLUMBING & HEATING SERVICE, INC., PRP HOLDINGS, LLC, A.J. CARUSO ELECTRICAL, INC., RAYMOND HOMES, INC., DUO PLUMBING & HEATING CORP., ISLAND CONCRETE CORP., NY ASPHALT, INC., GREENBERG FARROW ARCHITECTURE, RAMPULLA ASSOCIATES ARCHITECTS, LLP, RAYMOND MASUCCI, MICHAELO PUCCIARELLI, JOSEPH MALVASIO, VERIZON COMMUNICATIONS, INC. ( A/K/A VERIZON), CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (A/K/A CON ED) ABC SUBCONTRACTORS 1 THROUGH 10, XYZ ARCHITECTS/ENGINEERS, JOHN DOE 1 THROUGH 10 and JANE DOE 1 THROUGH 10, said names being fictitious, intended to be persons or entities responsible for the design, construction, repair and/or maintenance of the Association s common elements, JOHN DOE BOARD MEMBERS 1 THROUGH 10 and JANE DOE BOARD MEMBERS: 1 THROUGH 10, and names being fictitious, intended to be persons or entities who served as members of the Board of Directors as appointed by the Declarant or its affiliated entities and/or representatives, Defendants X C O U N S E L: Index No.: /2016 ECF DEMAND FOR VERIFIED BILL OF PARTICULARS UPON PLAINTIFF PLEASE TAKE NOTICE that this answering party, defendant ISLAND CONCRETE CORP., represented by the LAW OFFICE OF JAMES J. TOOMEY, the undersigned attorneys, requires that plaintiff, THE TIDES AT CHARLESTON HOMEOWNERS ASSOCIATION, INC. serve upon said attorneys, within thirty (30) days after service of a copy of this demand, a Verified Bill of Particulars, setting forth the following: 23 of 55

24 1. Set forth the address of plaintiff or principal place of business for plaintiff, and list names and addresses of each member of the Homeowners Association. 2. State the specific place of the plaintiff s alleged property defects and/or damages, and the date of discovery of each specific alleged defect and/or damages. 3. State the exact location and/or locations at the unit and/or property occupied by plaintiffs and/or unoccupied by plaintiffs, where plaintiffs will claim that each specific item of alleged damage to plaintiffs property took place. 4. Set forth the exact manner in which plaintiff will claim that said property sustained property damage and/or was defective. 5. Each and every statute or ordinance which plaintiff will claim was violated by this answering defendant. 6. Whether plaintiff will claim some other person, condition or thing caused or contributed to the alleged negligence complained of and if plaintiffs will so claim, state the particulars thereof; including names, conditions and things and the particulars of the claimed negligence. 7. If plaintiff will claim that the alleged damage was sustained as a result of an alleged prior existing defective condition, set forth the nature of the alleged defective condition and the length of time for which plaintiff will claim that this defendant allowed said alleged defective condition to exist. 8. Set forth the following for the property alleged to have been damaged or destroyed as alleged in the Complaint, and for plaintiff. (a) (b) (c) (d) (e) The date and place when the subject property known as The Tides at Charleston, Staten Island, New York was built, and the name of the builder(s) of said property. Whether the subject plaintiff s property owned by the plaintiff Homeowner Association members at The Tides at Charleston, Staten Island, New York was purchased new or used, and the date of purchase by plaintiff s Homeowner Association members. The total purchase price of the property making up The Tides at Charleston Homeowners Association, Inc. (annex hereto copies of all invoices, deeds, sales receipts, cancelled checks, etc., relating to the purchase of said property for plaintiff) Set forth specifically each and every item of damage and/or defect it will be claimed that each portion of the property sustained. State whether said defective and/or damaged property was repaired after the date of the occurrence. 24 of 55

25 (f) (g) If repaired, state the date and place where said allegedly damaged and/or defective property was repaired, and set forth the cost of said repairs and an itemized statement describing said repairs. If repairs are projected, state the date and place where said defective property will be repaired and set forth the anticipated cost of said repairs and an itemized statement describing anticipated repairs, including name of any retained contractors. 10. Attach copies of all documents relating to any improvements, repair, remediation, disposition and/or purchases of the subject unit and property at The Tides at Charleston, Staten Island, New York, including but not limited to, the following: (a) (b) (c) (d) (e) All purchase invoices, contracts and subcontracts, sales receipts, and repair bills for any improvements, repairs made, and/or remediation undertaken by plaintiff at the The Tides at Charleston, Staten Island, New York property since the discovery of the alleged damages set forth in the Third Amended Complaint. All purchase invoices, contracts and/or subcontracts, receipts and bills for any improvements, repairs and/ remediation undertaken by plaintiff at the The Tides at Charleston, Staten Island, New York property during the (10) ten year period prior to the discovery of alleged defects and/or damages set forth in the Third Amended Complaint. Duplicate originals of all photographs taken by plaintiffs, or on plaintiff s behalf of the property taken prior to the discovery of the alleged damages set forth in the Third Amended Complaint. Duplicate originals of all photographs taken by plaintiff, or on plaintiff s behalf, of the property taken prior to the discovery of the alleged damages set forth in the Third Amended Complaint. The name, address and telephone number of the purchaser, assignee or transferee of each and every unit of the property at the time of the discovery of the alleged damages set forth in the Third Amended Complaint. 11. State whether actual or constructive notice is claimed: (a) (b) If actual notice is claimed, set forth the date when the said notice was Given to defendant the name and address of the person who allegedly gave the notice to defendant, and the name and address of the person who allegedly received said notice; if oral, state the substance thereof; if written, set forth a copy thereof. If constructive notice is claimed, set forth the length of time it will be claimed that the alleged conditions complained of had existed prior to the said occurrence. 12. (a) Set forth each and every item of damage that plaintiff will allege 25 of 55

26 that plaintiff sustained, showing the cost price of the said alleged damaged items, the type, quality and quantity of the property alleged to have been damaged, the extent of the damage to each and every items of property, and the cost to repair, replace or recondition the alleged damaged property. (b) (b) (d) If the said unit or property was not repaired, replaced or reconditioned, set forth the claimed market or salvage value of the alleged damaged property after the alleged damage thereto took place. If any portion of the the property was sold after the alleged damage thereto, set forth the date when the said property was sold as well as the gross amount received. If any of the property alleged to have been damaged consists of furnishings, fixtures or other personal property as distinguished from merchandise or materials used in connection with any operations of plaintiffs, set forth the exact age of said property alleged to have been damaged, as well as the fair and reasonable value of the said property at the time of damage and the costs to repair or recondition the said property. 13. (a) Set forth the manner in which plaintiff arrived at the sum claimed in the Third Amended Complaint as being the amount of the cost of plaintiff s alleged damages. (b) If any part of that sum includes a claim for loss of business or loss of profit or loss of contracts, set forth in detail the length of time during which it is claimed that plaintiffs was unable to conduct any operations as a result of the alleged damage as well as the manner in which plaintiff arrives at the alleged claim for profit lost. PLEASE TAKE FURTHER NOTICE, that in the event you have no knowledge of any or all of the above, same shall be so stated. PLEASE TAKE FURTHER NOTICE, that these are continuing demands and supplemental responses up to the time the case is placed on the trial calendar are required. PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff s failure to furnish such a Bill of Particulars within the said period of thirty (30) days, judicial intervention will be sought and/or a motion will be made for an order precluding plaintiff from giving any evidence at the trial of the above 26 of 55

27 Dated: New York, New York October 24, 2017 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY Robert P. Fumo By: ROBERT FUMO ISLAND CONCRETE CORP. Mailing Address P.O. Box 2903 Hartford, CT TO: Office Address 485 Lexington Avenue, 7 th Floor New York, NY (917) Matter No.: David J. Byrne, Esq. ANSELL GRIMM & AARON PC Attorneys for Plaintiff 140 Grand Street, Suite 501 White Plains, NY (800) RIVKIN RADLER LLP TRADES CONTRUCTION SERVICES CORP. 926 RXR Plaza Uniondale, NY (516) GOLDSTEIN LAW, P.C. GREENBERG FARROW ARCHITECTURE 1325 Franklin Avenue, Suite 320 Garden City, NY (516) MILBER MAKRIS PLOUSADIS & SEIDEN, LLP RAMPULLA ASSOCIATES ARCHITECTS, LLP 27 of 55

28 709 Westchester Avenue, Suite 300 White Plains, New York (914) MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DUO PLUMBING & HEATING CORP. Wall Street Plaza 88 Pine Street, 21 st Floor New York, NY (212) GAINES & FISHLER LLP RAYMOND HOMES, INC 2555 Richmond Avenue, Suite 2 Staten Island, NY (718) MALAPERO & PRISCO LLP DESIGN PLUMBING & HEATING SERVICE, INC. 185 Madison Avenue New York, NY (212) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ATTN: LAW DEPT / ROOM 1850-s 4 IRVING PLACE NEW YORK, NEW YORK VERIZON NEW YORK INC. C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY MICHAEL PUCCIARELLI 25 Griswold Court Staten Island, NY JOSEPH MALVASIO 650 Windsor Way Monroe Township, NJ PRP HOLDINGS, LLC 200 South Avenue Staten Island, NY of 55

29 A.J. CARUSO ELECTRICAL 392 Victory Blvd #1 Staten Island, NY NY ASPHALT, INC c/o Michael Thompson 73 Industrial Loop Staten Island, NY PC GROUP, LLC 101 Tyrellan Avenue Staten Island, NY of 55

30 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X THE TIDES AT CHARLESTON HOMEOWNERS ASSOCIATION, INC., -against- Plaintiff, Index No.: /2016 ECF COMBINED DEMANDS UPON PLAINTIFFS AND DEFENDANTS PC GROUP, LLC, TRADES CONTRUCTION SERVICES CORP., DESIGN PLUMBING & HEATING SERVICE, INC., PRP HOLDINGS, LLC, A.J. CARUSO ELECTRICAL, INC., RAYMOND HOMES, INC., DUO PLUMBING & HEATING CORP., ISLAND CONCRETE CORP., NY ASPHALT, INC., GREENBERG FARROW ARCHITECTURE, RAMPULLA ASSOCIATES ARCHITECTS, LLP, RAYMOND MASUCCI, MICHAELO PUCCIARELLI, JOSEPH MALVASIO, VERIZON COMMUNICATIONS, INC. ( A/K/A VERIZON), CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (A/K/A CON ED) ABC SUBCONTRACTORS 1 THROUGH 10, XYZ ARCHITECTS/ENGINEERS, JOHN DOE 1 THROUGH 10 and JANE DOE 1 THROUGH 10, said names being fictitious, intended to be persons or entities responsible for the design, construction, repair and/or maintenance of the Association s common elements, JOHN DOE BOARD MEMBERS 1 THROUGH 10 and JANE DOE BOARD MEMBERS: 1 THROUGH 10, and names being fictitious, intended to be persons or entities who served as members of the Board of Directors as appointed by the Declarant or its affiliated entities and/or representatives, Defendants X C O U N S E L: PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands upon you, returnable at the office of the undersigned on November 24, Demand for the Names and Addresses of all Witnesses; 2. Demand for Expert Information; 3. Demand for the Discovery and Inspection of any Statement by or on 30 of 55

31 behalf of a Party Represented by the Undersigned; 4. Notice of Discovery and Inspection of Photographs; 5. Demand for Collateral Source. 6. Demand for Litigation Funding Co. information and documents. That, in lieu of the foregoing, you may submit readable photocopies of the aforesaid documents by mailing them to the Law Office of James J. Toomey, 485 Lexington Avenue, 7 th Floor, New York, N.Y , on or before the date the documents are to be produced. DEMAND FOR THE NAMES AND ADDRESS OF WITNESSES PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101(a), that plaintiff and all defendants each set forth in writing and under oath, the name and address of each person claimed by any party you represent, to be a witness to any of the following; (a) (b) (c) (d) The occurrence alleged in the Third Amended Complaint; or Any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint; or Any actual notice allegedly given to defendant or any servant, agent or employee of defendant of any condition which allegedly caused the occurrence alleged in the Complaint; or The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint. If no such witnesses are known to you, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. DEMAND FOR EXPERT INFORMATION PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR Section 3101(d), that plaintiff and all defendants set forth, in writing and under oath, the following information for each party you represent, after each expert is retained and prior to filing a Note of Issue: (a) (b) The name and business affiliation of each expert witness each party will call to testify at trial or whose opinion will be relied upon by any witness testifying at trial and the qualifications of each such expert in the field in which he will be offered to testify. The substance of the facts and opinions on which each expert is expected to testify. 31 of 55

32 (c) Each factual basis for said expert's opinion. (d) The dates of all oral and written reports provided by each expert. If no such witnesses are known to you, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witness not so identified. DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY STATEMENT BY OR ON BEHALF OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of the party it represents in this action, that pursuant to CPLR 3101(e) and 3120, that plaintiff and all defendants each produce at the time and place herein specified, and permit the undersigned to discover, inspect and copy each and every statement made by or taken from such party and its agents, servants or employees now in your possession, custody or control or in the possession, custody or control of any party you represent in this action, if such statement in any manner bears on the issues in this action. DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the party it represents in this action, that pursuant to Section 3101 et seq., that plaintiff and all defendants produce at the time and place herein specified and permit the undersigned to discover, inspect and copy any and all photographs taken of the alleged scene or place of the occurrence and/or vehicles involved and complained of which are now in your possession, custody and control, or in the possession, custody and control of any party you represent in this action, if such photograph in any manner bears upon the issues in this action. DEMAND FOR COLLATERAL SOURCE PLEASE TAKE NOTICE, that defendant requires that plaintiff produce for discovery, inspection and copying to undersigned counsel the following: (a) Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursement received by plaintiff or on behalf of plaintiff for the special damages alleged in the instant claim including, but not limited to, records of any person, institution, facility or government agency which has provided or will provide any reimbursement. DEMAND FOR LITIGATION FUNDING CO. INFORMATION AND DOCUMENTS PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101, et seq., whether plaintiff, or plaintiff s attorney(s), or anyone on the behalf of plaintiff or plaintiff s attorney(s) has entered into an agreement, contract, contingency or loan with a lender, litigation funding company, litigation lending company, medical funding company or other similar entity, company, corporation, partnership or person that is engaged in loaning money, advancing money or financially assisting you or your attorney in any aspect of this case, whether it be 32 of 55

33 for payment of medical bills, litigation expenses, witness expenses, lost wages or an advancement against a portion or all of any potential recovery you may receive and if so, produce (a) The complete name and address of the lender, litigation funding company, litigation lending company, medical funding company or similar entity as described above. (b) The date on which agreement, advance or loan was made. (c) The amount of such agreement, advance or loan. (d) legible copies of including all information, including documents of any kind provided to the lender, litigation funding company, litigation lending company, either pursuant to the request of the litigation funding company, litigation lending company, or voluntarily all brochures, applications, contracts, agreements, liens, correspondence or other similar documents received by plaintiff, completed by plaintiff, anyone on behalf of plaintiff(s) or plaintiff s attorney(s) as part of the process of entering into all agreements, negotiations and contracts with a lender, litigation funding company, litigation lending company, medical funding company, or similar entity. PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents required by the notice, that in the event any of the requested documents and/or items do not exist, a verified statement to that effect is to be served on the undersigned on or before the aforesaid return date. PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with any of these demands, the demanding defendants will apply to the Court for the appropriate relief including, but not limited to, and Order compelling compliance pursuant to CPLR 3124 and/or appropriate relief pursuant to CPLR 3126 and 22 N.Y.C.R.R. Part 130. PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to continue during the pendency of this action through and including the trial thereof and must be amended or supplemented properly in compliance with CPLR 3101(h). In the event any of the requested documents and/or items are obtained after the aforesaid return date, same are to be furnished to the undersigned within thirty (30) days after receipt. Dated: New York, New York October 24, of 55

34 Yours, etc. LAW OFFICE OF JAMES J. TOOMEY Robert P. Fumo By: ROBERT FUMO ISLAND CONCRETE CORP. Mailing Address P.O. Box 2903 Hartford, CT Office Address 485 Lexington Avenue, 7 th Floor New York, NY (917) Matter No.: TO: David J. Byrne, Esq. ANSELL GRIMM & AARON PC Attorneys for Plaintiff 140 Grand Street, Suite 501 White Plains, NY (800) RIVKIN RADLER LLP TRADES CONTRUCTION SERVICES CORP. 926 RXR Plaza Uniondale, NY (516) GOLDSTEIN LAW, P.C. GREENBERG FARROW ARCHITECTURE 1325 Franklin Avenue, Suite 320 Garden City, NY (516) MILBER MAKRIS PLOUSADIS & SEIDEN, LLP RAMPULLA ASSOCIATES ARCHITECTS, LLP 709 Westchester Avenue, Suite 300 White Plains, New York of 55

35 (914) MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DUO PLUMBING & HEATING CORP. Wall Street Plaza 88 Pine Street, 21 st Floor New York, NY (212) GAINES & FISHLER LLP RAYMOND HOMES, INC 2555 Richmond Avenue, Suite 2 Staten Island, NY (718) MALAPERO & PRISCO LLP DESIGN PLUMBING & HEATING SERVICE, INC. 185 Madison Avenue New York, NY (212) CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ATTN: LAW DEPT / ROOM 1850-s 4 IRVING PLACE NEW YORK, NEW YORK VERIZON NEW YORK INC. C/O CT CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NY MICHAEL PUCCIARELLI 25 Griswold Court Staten Island, NY JOSEPH MALVASIO 650 Windsor Way Monroe Township, NJ PRP HOLDINGS, LLC 200 South Avenue Staten Island, NY of 55