FILED: SUFFOLK COUNTY CLERK 12/16/2016 04:24 PM INDEX NO. 610229/2016 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 12/16/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DAWN KENNEY-NEWKIRK, EOF FILE Index No. 610229-2016 Plaintiffs, 525 ASSOCIATES, CRAVEN DISTRIBUTORS, INC., BEST BARGAIN BOOKS, INC., and BEST BARGAIN BOOK WHOLESALERS, INC, STATEMENT PURSUANT TO RULE 3402(b) OF THE CPLR 525 ASSOCIATES, LLC, Defendant. Third-Party Plaintiff, TP Index No. -against- -against- Date of Purchase: 65 ROBINSON LANE, INC., Third-Party Defendant. X SIRS: PLEASE TAKE NOTICE, that the above-entitled action and pursuant to Rule 3402(b) ofthe CPLR, defendant/third-party plaintiff 525 ASSOCIATES, LLC i/s/h/a 525 ASSOCIATES, has impleaded 65 ROBINSON LANE, INC., 65 Robinson Avenue, East Patchogue, New York 11772, as a third-party defendant, and the caption has been changed as reflected above. This case is not on the Court's trial calendar. A Copy of this statement has been served upon all attorneys appearing in this action. Dated: Islandia, New York December 16,2016 1 of 13
Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant/Third-Party Plaintiff 525 Associates, LLC i/s/h/a 525 Associates One CA Plaza, Suite 225 Islandia, New York 11749 631.755.0101 By:-J(Wocr- - O Megan M. Murphy Email: mmmurphv@lewisiohs.com UAA File No. 0311.1004.0000 TO: 65 ROBINSON LANE, INC. Attention: Cheryl Ruvinsky 65 Robinson Avenue East Patchogue, New York Service Via Secretary ofstate 65 ROBINSON LANE, INC. Attention: Cheryl Ruvinsky 70-4 Peconic Avenue Medford, New York 11761 THE HARRISON LAW GROUP, P.C. Attorneysfor Plaintiff 445 Broad Hollow Road, Suite 400 Melville, New York 11747 631.465.9797 Email: bihesq@.msn.com MCCARTHY & ASSOCIATES Attorneysfor Defendants - Craven Distributors, Inc., Best Bargain Books, Inc., and BestBargain Book Wholesalers, Inc. One Huntington Quadrangle, Suite 2C18 Melville, New York 11747 631.756.2024 2 of 13
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DAWN KENNEY-NEWKIRK, Plaintiffs, 525 ASSOCIATES, CRAVEN DISTRIBUTORS, INC., BEST BARGAIN BOOKS, INC., and BEST BARGAIN BOOK WHOLESALERS, INC, Index No. 110707/10 THIRD-PARTY SUMMONS 525 ASSOCIATES, LLC., Defendant. X Third-Party Plaintiff, TP Index No. -against- -against- Date of Purchase: 65 ROBINSON LANE, INC., Third-Party Defendant. TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED and required to answer the third-party complaint of defendant/third-party plaintiff 525 ASSOCIATES, LLC, i/s/h/a 525 ASSOCIATES, a copy of which is herewith served upon you togetherwith all prior pleadings in this action and to servea copy of your answer upon all attorneys herein, including the attorneys for the plaintiff. The Harrison Law Group, P.C., located at 445 Broadhollow Road, Suite 400, Melville, New York 11747 within twenty (20) days afterthe serve of the within third-party summons andcomplaint, or within (30) days afterthe completion of service is made in any othermanner than by personal delivery to you withinthe State of New York. In case of your failure to answer, judgment will betaken against you bydefault for the reliefdemanded in the third-paity complaint. 3 of 13
Dated: Islandia, New York December 16, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant/Third-Party Plaintiff 525 Associates, LLC i/s/h/a 525 Associates One CA Plaza, Suite 225 Islandia, New York 11749 631.755.0101 Megan M. Murphy Email: mmmurphv@lewisiohs.com LJAA File No. 0311.1004.0000 TO: 65 ROBINSON LANE, INC. Attention: Cheryl Ruvinsky 65 Robinson Avenue East Patchogue, New York Service Via Secretary ofstate 65 ROBINSON LANE, ESTC. Attention: Cheryl Ruvinsky 70-4 Peconic Avenue Medford, New York 11761 THE HARRISON LAW GROUP, P.C. Attorneys for Plaintiff 445 Broad Hollow Road, Suite 400 Melville, New York 11747 631.465.9797 Email: bihesq@msn.com MCCARTHY & ASSOCIATES Attorneysfor Defendants Craven Distributors, Inc., Best Bargain Books, Inc., and Best Bargain Book Wholesalers, Inc. One Huntington Quadrangle, Suite 2C18 Melville, New York 11747 631.756.2024 4 of 13
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DAWN KENNEY-NEWKIRK, Index No. 110707/10 Plaintiffs, 525 ASSOCIATES, CRAVEN DISTRIBUTORS, INC., BEST BARGAIN BOOKS, INC., and BEST BARGAIN BOOK WHOLESALERS, INC, VERIFIED THIRD-PARTY COMPLAINT 525 ASSOCIATES, LLC., Defendant. Third-Party Plaintiff, TP Index No. -against- -against- Date of Purchase: 65 ROBINSON LANE, INC.. Third-Party Defendant. Defendant/Third-Party Plaintiff 525 ASSOCIATES, LLC, i/s/h/a 525 ASSOCIATES, by their attorneys LEWIS JOHS AVALLONE AVILES, LLP., as and for a Verified Third-Party Complaint against Third-Party Defendant 65 ROBINSON LANE, fnc. sets forth and alleges the following: 1. Upon information and belief, plaintiff, DAWN KENNEY-NEWKIRK is a resident ofthe State ofnew York. 2. Defendant/Third-Party plaintiff 525 ASSOCIATES, LLC is a domestic limited liability company, duly organized pursuant to the laws of the State of New York, with a principal place of business within Suffolk County. 3. At all times hereinafter mentioned, Third-Party Defendant 65 ROBINSON 5 of 13
LANE, INC. was and still is a domestic business coi-poration duly organized and existing pursuant to the laws ofthe State ofnew York. 4. Defendant/Third-Party plaintiff 65 ROBINSON LANE, INC. was/is the lessee of the premises located at 10 Robinson Avenue, East Patchogue, County of Suffolk, State of New York, also known as 65 Robinson Avenue, East Patchogue, County of Suffolk, State of New York. 5. That at all times hereinafter mentioned, the third-party defendant, 65 ROBINSON LANE, INC. is a New York State corporation duly organized pursuant to the laws of the State of New York with a principal place of business at 70-4 Peconic Avenue, Medford, New York 11761. 6. Prior to the third-party action, plaintiffs herein commenced litigation against the defendant/third-party plaintiff and defendants CRAVEN DISTRIBUTORS, INC., BEST BARGAIN BOOKS, INC., and BEST BARGAIN BOOK WHOLESALERS, INC. for injuries allegedly sustained on July 13, 2013. A copy of this summons and complaint is annexed hereto as Exhibit "A" and made a part hereof 7. That at all times hereinafter mentioned, defendant/third-party plaintiff has denied all allegations of negligence by and within its service of an answer. A copy of defendant/thirdparty plaintiffs answer is annexed hereto as Exhibit "B." 8. Defendants CRAVEN DISTRIBUTORS, INC., BEST BARGAIN BOOKS, INC., and BEST BARGAIN BOOK WHOLESALERS, INC. served their verified answer on or around November 9, 2016. A copy of same has been annexed hereto as Exhibit "C." AS AND FOR THE FIRST CAUSE OF ACTION 9. Defendant/third-party plaintiff 525 ASSOCIATES, LLC repeats, reiterates, and 6 of 13
realleges each and every allegation heretofore alleged with the same force and effect as if set forth herein fully and at length. 10. That at all times hereinafter mentioned, third-party defendant 65 ROBINSON LANE, INC. was the lessee of the premises located at 10 Robinson Avenue, East Patchogue, New York, also known as 65 Robinson Lane, East Patchogue, New York. 11. That at all times herein after mentioned, plaintiff was present at 65 Robinson Avenue, East Patchogue, New York on July 13, 2013. 12. That at all times hereinafter mentioned, 65 ROBINSON LANE, INC. as tenant of the premises located at 10 Robinson Avenue, East Patchogue, New York, also known as 65 Robinson Lane, East Patchogue, New York, had agreed to assume the entire responsibility and liability for any and all damages or injury sustained at 10 Robinson Avenue, East Patchogue, New York, also known as 65 Robinson Lane, East Patchogue, New York, as a result of this contractual relationship, and agreed to defend and indemnify this answering defendant/thirdparty plaintiff for any injuries or damages, claims or liability to any person or persons, either workmen or the public or for damages to any property arising out of the third-party defendant's use of the property that was the subject of the lease contract and/or agreement. 13. That prior to July 13, 2013, a Lease Agreement was entered between 525 ASSOCIATES, LLC and 65 ROBINSON LANE, INC. 14. That the aforesaid agreement pertained to the operation of the premises located at 10 Robinson Avenue, East Patchogue, New York, also known as 65 Robinson Lane, East Patchogue, New York. 15. Defendant 525 ASSOCIATES, LLC was a party as the owner of the premises as listed in the aforementioned agreement. 7 of 13
16. That under the agreement and/or the common law, defendant 65 ROBINSON LANE, INC. had a duty to operate and maintain the premises. 17. That defendant 65 ROBINSON LANE, INC. breached the aforesaid duty to maintain the premises in a sufficiently safe and proper manner, and had failed to do so. 18. That the aforementioned agreement was in full force and effect on July 13,2013. 19. That the plaintiff was cased to sustain damages at the time and place set forth within plaintiffs complaint through any carelessness, recklessness or negligence, other than plaintiffs own carelessness, recklessness or negligence, then said damages were sustained by reason of the carelessness, recklessness or negligence and/or acts of omission or commission of the third-party defendant 65 ROBINSON LANE, INC. 20. By reason of the foregoing, the third-party defendant, 65 ROBINSON LANE, INC. will be liable to the defendant/third-party plaintiff 525 ASSOCIATES, LLC in the event that and in the full amount of any recovery herein by the plaintiff or for that proportion thereof, caused by the relative responsibility of third-party defendant 65 ROBINSON LANE, INC., and the third-party defendant 65 ROBINSON LANE, INC. is further obligated and bound to pay and all attorneys' fees, costs and disbursements arising from this litigation, in addition to any judgment received by the plaintiffherein. AS AND FOR A SECOND CAUSE OF ACTION 21. Defendant/third-party plaintiff 525 ASSOCIATES, LLC, repeats, reiterates and realleges each and every allegation heretofore alleged with the same force and effect as if set forth herein fully and at length. 22. That if the plaintiff herein recovers a judgment against the defendant/third-party plaintiff 525 ASSOCIATES, LLC for the alleged injuries and damages that plaintiff claims to 8 of 13
have suffered at the time and place mentioned in the complaint, such damages and liability imposed upon the defendant/third-party plaintiff 525 ASSOCIATES, LLC will have been caused and brought about by the reason ofthe primary act ofnegligence ofthe third-party defendant 65 ROBINSON LANE, INC. its agents, servants and/or employees in their permitting, causing or creating the alleged condition as set forth by plaintiffs complaint and by the third-party defendant 65 ROBINSON LANE INC.'s failure to exercise care and due diligence at the site at which plaintiff was injured, without any active or primary negligence on the part of the defendant/third-party plaintiff525 ASSOCIATES, LLC contributing hereto. 23. That by reason ofthe foregoing, in the event that plaintiff has any recovery in the within matter, the third-party defendant 65 ROBINSON LANE, INC. will be liable to the defendant/third-party plaintiff 525 ASSOCIATES, LLC for the full amount of such recovery, and said third-party defendant 65 ROBINSON LANE, INC. will be further bound to pay any and all attorneys' fees, costs and disbursements. AS AND FOR A THIRD CAUSE OF ACTION 24. Defendant/third-party plaintiff 525 ASSOCIATES, LLC repeats, reiterates, and realleges each and every allegation heretofore alleged with the same force and effect as if set forth herein fully and at length. 25. That at all times herein after mentioned, the third-party defendant 65 ROBINSON LANE, INC. was required to procure insurance for the benefit of the defendant/third-party plaintiff 525 ASSOCIATES, LLC for and protecting against any injuries arising from their work, including injuries arising to their employees. 26. At all times herein after mentioned and upon information and belief, the thirdparty defendant 65 ROBINSON LANE, INC. failed and neglected to obtain any such insurance, 9 of 13
have suffered at the time and place mentioned in the complaint, such damages and liability imposed upon the defendant/third-party plaintiff 525 ASSOCIATES, LLC will have been caused and brought about by the reason of the primary act of negligence of the third-party defendant 65 ROBINSON LANE, INC. its agents, servants and/or employees in their permitting, causing or creating the alleged condition as set forth by plaintiffs complaint and by the third-party defendant 65 ROBINSON LANE INC.'s failure to exercise care and due diligence at the site at which plaintiff was injured, without any active or primary negligence on the part of the defendant/third-party plaintiff525 ASSOCIATES, LLC contributing hereto. 23. That by reason of the foregoing, the third-party defendant 65 ROBINSON LANE, INC. will be liable to the defendant/third-party plaintiff 525 ASSOCIATES, LLC in the event and the full amount of recovery herein by the plaintiff, and said third-party defendant 65 ROBINSON LANE, INC. will be further bound to pay any and all attorneys' i^es, costs and disbursements. AS AND FOR A THIRD CAUSE OF ACTION 24. Defendant/third-party plaintiff 525 ASSOCIATES, LLC repeats, reiterates, and realleges each and every allegation heretofore alleged with the same force and effect as if set forth herein fully and at length. 25. That at all times herein after mentioned, the third-party defendant 65 ROBINSON LANE, INC. was required to procure insurance for the benefit of the defendant/third-party plaintiff 525 ASSOCIATES, LLC for and protecting against any injuries arising from their work, including injuries arising to their employees. 26. At all times herein after mentioned and upon information and belief, the thirdparty defendant 65 ROBINSON LANE, INC. failed and neglected to obtain any such insurance. 10 of 13
thereby breaching its contract with the defendant/third-party plaintiff 525 ASSOCIATES, LLC. 27. As a result of the third-party defendant 65 ROBINSON LANE, INC.'s breach of the aforementioned contract, the defendant/third-party plaintiff 525 ASSOCIATES, LLC will be damaged by reason of said breach for the full amount of any recovery of the plaintiff herein. 28. That by virtue of the foregoing, and if the plaintiffshall recover any sums in this action for injuries allegedly sustained, as and against the defendant/third-party plaintiff 525 ASSOCIATES, LLC then said third-party defendant 65 ROBINSON LANE, INC. shall be liable to the defendant/third-party plaintiff 525 ASSOCIATES, LLC for all said sums and recoveries, as well as for all costs and attorneys' fees arising from this litigation. WHEREFORE, defendant/third-party plaintiff 525 ASSOCIATES, LLC demands judgment over and against third-party defendant 65 ROBINSON LANE, INC. based upon Dole V. Dow contribution, contractual indemnification, and for any and all such damages recovered by the plaintiff herein, together with all costs, disbursements and attorneys' fees arising from and in connection with this lawsuit. Dated: Islandia, New York December 16, 2016 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneysfor Defendant/Third-Party Plaintiff 525 Associates, LLC i/s/h/a 525 Associates One CA Plaza, Suite 225 Islandia, New York 11749 631.755.0101 By:-{\\rrv-^ -O Megan M. Murphy Email: mmmurphv@,lewisiohs.com LJAA File No. 0311.1004.0000 11 of 13
TO: 65 ROBINSON LANE, INC. Attention: Cheryl Ruvinsky 65 Robinson Avenue East Patchogue, New York Service Via Secretary ofstate 65 ROBINSON LANE, INC. Attention: Cheryl Ruvinsky 70-4 Peconic Avenue Medford, New York 11761 THE HARRISON LAW GROUP, P.C. Attorneysfor Plaintiff 445 Broad Hollow Road, Suite 400 Melville, New York 11747 631.465.9797 Email: bihesq@msn.com MCCARTHY & ASSOCIATES Attorneys for Defendants Craven Distributors, Inc., Best Bargain Books, Inc., andbest Bargain Book Wholesalers, Inc. One Huntington Quadrangle, Suite 2C18 Melville, New York 11747 631.756.2024 12 of 13
VERIFICATION STATE OF NEW YORK: ) ss.: COUNTY OF SUFFOLK: ) MEGAN M. MURPHY, ESQ., an attorney admitted to practice in the Court of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is a member of the firm of LEWIS JOHS AVALLONE AVILES, LLP attorneys of record for the defendant/third-party plaintiff, 525 Associates, LLC i/s/h/a 525 Associates, in the within action. Affirmant has read the foregoing Third-Party Complaint, knows the contents thereof, and that the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters affirmant believes to be true. This verification is made pursuant to CPLR 3020(d)3. Dated: Islandia, New York December 16, 2016 ' X A-nr^ A XT \ \ / MEGAN M. MURPHY 13 of 13