FILED: RICHMOND COUNTY CLERK 12/13/ :07 PM INDEX NO /2015 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 12/13/2016. Plaintiff(s) ,*",)m

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1 FILED: RICHMOND COUNTY CLERK 12/13/ :07 PM INDEX NO /2015 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 12/13/2016 SUPREME COURT OF THE CITY OT NEW YORK COI]NTY OF RICHMOND RICHARD WEBB Plaintiff(s) VITItIFIED I 1 IIRD PAR IY SUNIN,{ONS YASSER ISIAH LEWIS, rulia KHAMIS AND Index #: /2015 YASSER ISIAH LEWIS and JULIA KHAMIS Third-Party Plaintiff(s) Th d- TO THE ABOVE.NAMED THIRD-PARTY DEFENDANT: YOU ARE IIEREBY SUMMONED to answer the complaint ofthe Third-Party Plaintiff, a copy ofwhich is herewith served upon you, together with copies ofall prior pleadings in this action, and to serve copies ofyour answer upon the undersigned attomeys for Third-Party Plaintiffand upon the undersigned parties withir twenty (20) days after the service ofthis summons, exclusive ofthe day ofservice, or within thirty (30) days after completion ofservice where service is made by any manner other than personal delivery. In case ofyour failure to answer, judgment will be taken against yolr for default for the relief demand in the Third-Party complaint Plaintiffdesignates tuchmond Supreme Court, 26 Central Ave, Statel Island, NY as the place for hial. The basis ofvenue is as set forth inplaintiffs Summons. DATED: Westbury, New York December 12,2016,*",)m William Gitter 1 of 9

2 Law Oflice ofdennis C. Bafiling Attomeys for Defendant(syThird-Party Plaintif(s) Yasser Isiah Lewis and Julia Kiamis 875 Merrick Avenue Westbury, New York I t9 Our File No: l5r2l0l Claim No: TO: Greenstein & Milbauer Attomeys for Plaintiff(s) 1825 Park Avenue, 9th Floor New York, NY Amica Mutual Insurance Co, Attomeys for Defendant 898 Veterans MemorialHry #220 Hauppauge, NY ' x51373 Kawana E. Benjamitr Third Palty Defendant 63 Tompkins Street Sraten Island- NY of 9

3 SUPREME COTJRT OF THE CITY OF Nf,W YORK COUNTY OF RICHMOND zuchard \\'IJt]R Plaintil(s) YASSER ISIAH LEWIS, rulia KHAMIS AND VERIFIED THIRD PARTY COMPLAINT Index #: /2015 YASS[R ISIAI I l.f]\t'ls and JULIA KHAlvllS Thnd-Party Plaintiff(s) KAWANA Ii, I}IiNJAMIN Third-P I)c The Defendant/Third-Party Plaintiff, Yasser Isiah Lewis and Julia Khamis, by the Law Office oflaw Office ofdennis C. Bartling, complaining ofthe Third-Party Deferdant, Kawana E. Benjamin, respecttllly alleges that: FIRS'I': The Third-Party Defendant, Kawana E. Benjamin, is a resident of the County ofrichmond, State ofnew York. SECOND: Plaintiff(s)have sued the DefendanVThird-Party Plaintifffor personal injuries alleged to have resulted from an accident alleged to have occuned on 05/31/2015. A copy ofthe plaintiff(s) complaint along with all prior pleadings heretofore served is attached and incorporated herein as Exhibit "A" without admitting the truth of any ofthe allegations contained therein, and without prejudice to the interests ofthe defendant/thi rd-party plaintiff. THIRD: The accident allegedly took Place at or around South Avenue and Travis Avenue, County of fuchmond, State ofnew York. FOURTH: On or about the date ofthe alleged accident, Third-Party Defendant, Kawana E. Benjamin, was the titled owner ofa 2006 Dodge motor vehicle bearing New York State license plate number GLJ9484. FIFTH: On or about the date ofthe alleged accident, Third-Party Defendant, Kawana E. Benjamin, was the registered owner ofa 2006 Dodge motor vehicle bearing New York State license plate number GLJ of 9

4 SIX I II: On or about the date ofthe alleged accident, Third-Pany Defendant, Kawana E. Benjamin, was the driver ofa 2006 Dodge motor vehicle bearing New York State license plate numberglj9484. SEVENTH: on or about the date ofthe alleged accident, Third-Party Defendant, Kawana E. Benjamin, was driving the motor vehicle b aring New York State license plate number GLJ9484 with the implicit or explicit permission and consent ofthe EICHTFI: The alleged accident was due to the negligeoce of the Third-Party Defendant in the ownership, operation, maintenance and control ofthe above mentioned motor vehicle. AS AND FOR A FIRST CAUSE OF ACTION NINTH: That if the Plaintiff sustained the inj uries and or damages alleged in the Plaintiffs complaint, though any fault other than the fault ofthe Plaintiff, all of which is and has been denied by the Defendan/Ihird-Party Plaintiffherein, tlen the party responsible for compensating the Plaintiffis the Third-Party Defendant. TENTH: That ifthe Plaintiff sustained the injuries and/or damages as alleged in the complaint through any negligence other than his,fter own, and ifthe Plaintiffshould thereby recover anyjudgment against the Defendaot/Third-Party Plaintiff, Yasser Isiah Lewis and Julia Khamis, such recovery will have been brought about and caused by the negligence ofthe Third-Party Defendant, Kawana E. Benjamin. in negligently controlling, maintaining and operating the vehicle in question, without any negligence on the part ofthe Defendant/Third-Party Plaintiff, Yasser Isiah Lewis and Julia ICnmis, contributing thereto, and the Third-Party Defendant, IGwana E. Benjamin, will be obligated to contribute to and/or indemnifu the Det'endanVThid-Party Plaintiff, Yasser lsiah Lewis and Julia Khamis, for anyjudgment which may be recovered against him by reason ofthe occurrence mentioned and described in the plaintiffs complaint. AS AND FOR A.SECOND CAUSE OF ACTION ELEVENTH: Third-Party Plaintiff repeats, rciterates and realleges each and every allegation contained in paragaphs designated 1 though 9 inclusive ofthe complaint herein. TWELFTH: That if it is determined that the Plaintiffsustained the injuries and/or damages as alleged in the Plaintif?s complaint through the negligence ofthe answering Defendant and not through an negligence by the Plaintiff, all ofwhich is denied. and ifthe Plaintiff should thereby recover anyjudgnent agaiest the DefendanVThird-Party Plaintiff, Yasser Isiah Lewis and Julia Khamis, then Defendant/Third-Party Plaintiff demands judgment over and against the Third-Party Defendant, Kawana E. Benjamin, for all or a podion ofany recovery by Plaintiffherein as had against Defendantffhild-Pady Plaintiff, Yasser Isiah Lewis and Julia Khamis, in accordance with the relative responsibility of the parties. 4 of 9

5 WHEREFORE, Defendant/Third-Party Plaintifl Yasser Isiah Lewis and Julia Khamis, demandsjudgment dismissing the complaint ofthe Plaintifl's with costs and disbunements and further demands judgment over and against Third-Party Defendant, Karvana E. Benjamin, for complete indemnification for any judgrnent that may be recovered herein by reason ofthe Third-Party Defendant's negligence. In the altemative, Defendant/Third-Party Plaintiff, Yasser Isiah Lewis and Julia Klamis, demands judgment over afld against Third-Party Defendant, Kawana E. Benjamin, for contribution for all or part ofany recovery by Plaintiffherein in accordance with the relative responsibility ofthe Defendant/Third-Party Plaintiffand Third-Pany Deferdant and for relative costs and disbursements. TO: Greenstein & Milbauer Attomeys for Plaintiff(s) 1825 Park Avenue, gth Floor New York, NY Law Office ofdennis C. Bartling Aftomeys for Defendant/Third-Party Plaintiff Yasser lsiah Lewis and Julia Khamis 875 Merrick Avenue Westbury, NY t t9 Our File No: l5r210l Claim No: Amica Mutual lnsurance Co, Aftomeys for Defendant 898 Veterans Memorial H*'y #220 Hauppauge, NY x51373 Kawana E. Benjamin Third Party Defendant 63 Tompkins Street Staten Island, I.{Y of 9

6 SUPREME COURT OF THE CITY OF NEW YORK COUNTY O}' RICHMOND zuchard WEBB Plaintiff(s) STATEMENT UNDER SECTION 3402 YASSER ISIAH LEWIS. JI,TLIA KHAMIS AND Index #r /2015 COIINSELORS: PLEASE TAK-E NOTICE that Kawana E. Benjamin has been impleaded as a Third-Party Defendant in the above-entitled action pursuant to Section 1007 ofthe CPLR and that no Note oflssue or Statement ofreadiness has been filed in this case. The caption of the action is now as set forth below: DATED: Westbury, New York December 12,2016 Yours, etc. william citter Law Office ofdennis C. Bartling Attomeys for Defendant/Third-Party Plaintiff Yasser Isiah Lewis and Julia Khamis 875 Menick Avenue Westbury, NY t6-229-Mt9 Our File No: l5r210l ClaimNo: TO: Greenstein & Milbauer Attomeys for Plaintiff(s) 1825 Park Avenue, 9th Floor New York, NY of 9

7 Amica Mutual Insurance Co- Attomeys for Del'endant 898 Veterans Memo.ialHry #220 Hauppauge, NY ' x51373 Kawana E. Benjamin Third Pady Defendant 63 Tompkins Street Staten Island, NY of 9

8 STATE OF NEW YORK) ).SS.: COLNTY OF NASSAU ) ATTORNEY VERIFICATION I, Williarn Gitter, arn an attomey admitted to practice in the courts ofthe State of New York, state that I am the attomey for Defendant/Third-party plaintifl in the within action, I have read the foregoing THIRD PARTY SUMMONS AND COMPLAINT AND STATEMENT UNDER SECTION 3402 and know the contents thereof: the same is true to my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds ofmy beliefas to all matters not stated upon my own knowledge are as follows: information and investigation maintained in this office. DATED: Westbury, New York December 12, of 9

9 Inrter No /2015 SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF RICHMONI) RI(]IIAItI) WI]I}B PlaintifiIs) YASSER ISIAH LEWIS, JULIA KHAMIS AND THIRD PARTY SUMMONS AND COMPLAINT Det'en YASSER ISIAH LEWIS and JULIA KHAMIS Third-Party Plaintiff(s) Third- Law Office of Dennis C. Bartling Attomeys for the Defendant(s)/Third Party Plaintiff(s) Yasser Isiah Lewis Julia Khamis Office and Post Office Address 875 Merrick Avenue Westbury, New York t Greenstein & Milbauer Attomeys for Plaintiff(s) 1825 Park Avenue, 9th Floor New York, NY Amica Mutual Insurance Co, Attomeys for Defendant 898 Veterans Memorial Hwy #220 Hauppauge, NY x5l373 Due and timely service of a copy of the within THIRD PARTY SUMMoNS AND COMPLAINT is hereby admitted. Dated December 12, of 9