Third-Party Plaintiff, Third-Party Defendant x YOU ARE HEREBY SUMMONED, to answer the Complaint of the

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1 FILED: NEW YORK COUNTY CLERK 02/17/ :37 PM INDEX NO /2013 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 02/17/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MICHAEL ROSSANI, Index No.: /2013 (ECF) Plaintiff, v. THIRD-PARTY SUMMONS AMERICAN MANAGEMENT ASSOCIATION, TIMES SQUARE JV LLC, INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., Defendants. TIMES SQUARE JV LLC, Index No.: Third-Party Plaintiff, v. ADCO ELECTRICAL CORPORATION, Third-Party Defendant. YOU ARE HEREBY SUMMONED, to answer the Complaint of the Defendant/Third-Party Plaintiff, TIMES SQUARE JV LLC, a copy of which is hereby served upon you, and to serve copies of your answer upon the undersigned attorneys HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ., 55 Water Street, 29th Floor, New York, New York and upon Feld & Korman, P.C., Attorneys for Plaintiff, Michael Rossani, 150 Broadway, Suite 1703, New York, New York 10038; Perry, Van Etten, Rozanski & Primavera, LLP. Attorneys for Defendant, American Management Association International s/h/a American Management Association, 30 Broad Street, 44th Floor, New York, New York and The Law Offices

2 of Leon R. Kowalski, Attorneys for Defendant, Intercontinental Hotels Group Resources, Inc., 12 Metrotech Center, 28th Floor, Brooklyn, New York within twenty (20) days after service of this Third-Party Summons and Third-Party Complaint, exclusive of the day of service or within thirty (30) days after the completion of service where service is made in any manner other than by personal delivery within the State. In case of your failure to answer the Complaint of the Defendant/Third- Party Plaintiff, a judgment will be taken against you by default for the relief demanded in the Third Party Complaint. Pursuant to CPLR 3402 (b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the plaintiff (Exhibit "A") to the style of this THIRD-PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this action as of this date is: "NOT ON THE TRIAL CALENDAR". DATED: February 17, 2016 New York, New York Yours, etc., HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Defendant/Third Party Plaintiff Times Square JV LLC Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: John R. Marquez

3 TO: Feld & Korman, P.C. Attorneys for Plaintiff, Michael Rossani 150 Broadway, Suite 1703 New York, New York (212) Perry, Van Etten, Rozanski & Primavera, LLP. Attorneys for Defendant, American Management Association International s/h/a American Management Association 30 Broad Street, 44th Floor New York, New York (212) The Law Offices of Leon R. Kowalski Attorneys for Defendant, Intercontinental Hotels Group Resources, Inc. 12 Metrotech Center, 28th Floor Brooklyn, New York (718) ADCO Electrical Corporation Third-Party Defendant 1021 Centennial Avenue Piscataway, New Jersey 08854

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MICHAEL ROSSANI, Index No.: /2013 (ECF) Plaintiff, v. THIRD-PARTY COMPLAINT AMERICAN MANAGEMENT ASSOCIATION, TIMES SQUARE JV LLC, INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., Defendants. TIMES SQUARE JV LLC Index No.: Third-Party Plaintiff, v. ADCO ELECTRICAL CORPORATION, Third-Party Defendant. Defendant/Third-Party Plaintiff, TIMES SQUARE JV LLC, by their attorneys HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ as and for their Third-Party Complaint against Third-Party Defendant, ADCO ELECTRICAL CORPORATION, respectfully alleges upon information and belief as follows: 1. That at all times hereinafter mentioned, Third-Party Defendant, ADCO ELECTRICAL CORPORATION, was a domestic corporation organized and existing under and by virtue of the laws of the State of New York.

5 2. That at all times hereinafter mentioned, Third-Party Defendant, ADCO ELECTRICAL CORPORATION, was a foreign corporation authorized to do business in the State of New York. 3. That at all times hereinafter mentioned, Third-Party Defendant, ADCO ELECTRICAL CORPORATION, was a partnership duly authorized to do business in the State of New York. 4. That at all times hereinafter mentioned, Third-Party Defendant, ADCO ELECTRICAL CORPORATION, was a sole proprietorship duly authorized to do business in the State of New York. 5. That at all times hereinafter-mentioned Third-Party Defendant, ADCO ELECTRICAL CORPORATION, conducted business in the State of New York. 6. That at all times hereinafter mentioned, Third-Party Defendant, ADCO ELECTRICAL CORPORATION, derived and continues to derive substantial revenues from the State of New York. 7. That hereto plaintiff, Michael Rossani, commenced an action against Defendant, AMERICAN MANAGEMENT ASSOCIATION, TIMES SQUARE JV LLC. AND INTERCONTINENTAL HOTELS GROUP RESOURCES, INC. A copy of plaintiff s Complaint is annexed hereto as Exhibit A and the contents therein are incorporated by reference herein as if more fully set forth at length. The undersigned served an answer on behalf of American Management Association. A copy of Defendants Answer is annexed hereto as Exhibit B. During the

6 course of litigation, Perry, Van Etten, Rozanski & Primavera, LLP. consented to represent American Management Association. The undersigned soon after consented to represent Times Square JV LLC. A copy of the Consents to Change Attorney stipulations are annexed hereto as Exhibit C. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT ADCO ELECTRICAL CORPORATION: COMMON LAW INDEMNITY 8. Defendant/Third-party Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 7 of this Third-party Complaint. 9. That ADCO ELECTRICAL CORPORATION was the electrical contractor for AMERICAN MANAGEMENT ASSOCIATION at 1601 Broadway, New York New York on or before December 2, That ADCO ELECTRICAL CORPORATION supervised the electrical work for AMERICAN MANAGEMENT ASSOCIATION at 1601 Broadway, New York New York on or before December 2, As a result of ADCO ELECTRICAL CORPORATION s negligent supervision, plaintiff sustained the injuries alleged in plaintiff s complaint annexed as Exhibit A.

7 AS AND FOR A SECOND CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT ADCO ELECTRICAL CORPORATION FOR CONTRACTUAL INDEMNIFICATION 12. Defendant/Third-party Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 11 of this Third-party Complaint. 13. That on or prior to December 2, 2011, AMERICAN MANAGEMENT ASSOCIATION entered into an agreement with the third-party defendant, ADCO ELECTRICAL CORPORATION regarding the premises owned by Defendant/Third-party Plaintiff, TIMES SQUARE JV LLC. 14. In relevant part, the agreement required Third-Party Defendant, ADCO ELECTRICAL CORPORATION, to indemnify and, or hold harmless AMERICAN MANAGEMENT ASSOCIATION, its officers, directors, employees, affiliates (Exhibit D ). 15. Third-Party Defendant, ADCO ELECTRICAL CORPORATION, is contractually obligated to indemnify Third-Party Plaintiff, TIMES SQUARE JV LLC, for any judgment or settlement obtained by plaintiff in this action including defense costs and attorneys fees. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THIRD-PARTY DEFENDANT, ADCO ELECTRICAL CORPORATION: BREACH OF CONTRACT FOR FAILURE TO PROVIDE INSURANCE 16. Defendant/Third-Party Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-15 of this Third-Party Complaint.

8 17. That on or before February 1, 2011, Defendant/Third- Party Plaintiff, TIMES SQUARE JV LLC, entered into an agreement with Third-Party Defendant, ADCO ELECTRICAL CORPORATION 18. That pursuant to the aforementioned agreement, Third- Party Defendant, ADCO ELECTRICAL CORPORATION, was to provide liability insurance coverage for bodily injury. 19. Third-Party Defendant, ADCO ELECTRICAL CORPORATION LLC., failed and neglected to perform the conditions of said contract in that Third-Party Defendant, ADCO ELECTRICAL CORPORATION, failed to obtain the above insurance coverage pursuant to the aforementioned agreement. 20. That by reason of the foregoing, should any judgment be recovered against Defendant/Third-Party Plaintiff, TIMES SQUARE JV LLC, in the within action, Defendant/Third-Party Plaintiff, TIMES SQUARE JV LLC, is entitled to judgment over and indemnification to the extent of the public liability insurance policy which Third-Party Defendant, ADCO ELECTRICAL CORPORATION LLC., was to provide pursuant to the aforementioned agreement, plus any costs, disbursements and attorneys fees. WHEREFORE, Defendant/Third-Party Plaintiff demands judgment dismissing the Complaint (Exhibit A ); and further demands an adjudication of the proportionate responsibility for all parties defendant in this action; and full and partial indemnity from

9 the Third-Party Defendants, as the trier of fact shall find, for any damage award against the Defendant/Third-Party Plaintiff. Pursuant to CPLR 3402(b), we give NOTICE that the title of this action has been changed from the style of the Complaint of the plaintiff (Exhibit "A") to the style of this THIRD-PARTY SUMMONS and THIRD-PARTY COMPLAINT; the calendar status of this action as of this date is: "NOT ON THE TRIAL CALENDAR". DATED: February 17, 2016 New York, New York Yours, etc., HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Defendant/Third Party Plaintiff Times Square JV LLC Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: John R. Marquez

10 Index No.: /2013 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MICHAEL ROSSANI, -against- Plaintiff, AMERICAN MANAGEMENT ASSOCIATION, TIMES SQUARE JV LLC, INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., Defendants. AND THIRD-PARTY ACTION. THIRD PARTY SUMMONS AND THIRD-PARTY COMPLAINT HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ Attorneys for Defendant/Third Party Plaintiff Times Square JV LLC Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212)