SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND LAWRENCE GILDER, Plaintiff, AMENDED NOTICE PURSUANT TO CPLR 3401(B) Index No: 150468/2016 Defendant, Third-Party Plaintiff, Third Party Index No: A150468/2016 MONSIGNOR FARRELL HIGH SCHOOL, Third-Party Defendants. Second Third-Party Plaintiff, Second Third-Party Index No: B150468/2016 GUY CARDINALE, Second Third-Party Defendant. ---- S I R S: PLEASE TAKE NOTICE, that in the above-entitled actions pursuant to CPLR 3402(b) the defendant/third-party plaintiff/second third-party plaintiff, RICHMOND COUNTY COUNTRY CLUB, has impleaded GUY CARDINALE, as second third-party defendant; that a copy of this statement has been served upon all the attorneys appearing in this action as of this date. This action is not on the trial calendar. 1 of 10
DATED: Brooklyn, New York July 10, 2017 Yours, etc., KOWALSKI & DEVITO Attorneys for Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff RICHMOND COUNTY COUNTRY CLUB By: Peter J. Calandrella 12 Metrotech Center, 28th Floor Brooklyn, New York 11201 (718) 250-1100 Our File No: NYNY-32131 TO: VIA PERSONAL SERVICE and SECRETARY OF STATE Guy Cardinale 59 Buena Vista Drive Rumson, NJ 07760 Law Offices of S. David Olarsch, P.C. Attorneys for Plaintiff 160 Broadway Suite 500 New York, NY 10038 (212) 267-7565 RIVKIN RADER LLP Attorneys for Third-Party Defendant MONSIGNOR FARRELL HIGH SCHOOL 926 RXR Plaza, West Tower Uniondale, New York 11556 2 of 10
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND LAWRENCE GILDER Plaintiff, AMENDED SECOND THIRD-PARTY SUMMONS Index No: 150468/2016 Defendant, Third-Party Plaintiff, Third-Party Index No: A150468/2016 MONSIGNOR FARRELL HIGH SCHOOL, Third-Party Defendants. Second Third-Party Plaintiff, Second Third-Party Index No: B150468/2016 GUY CARDINALE, Second Third-Party Defendant. -------------------------------------------------------------X TO THE ABOVE-NAMED SECOND THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint of the defendant/third-party plaintiff/second third-party plaintiff, a copy of which is herewith served upon you together with all prior pleadings and to serve copies of your answer on the undersigned attorney for the defendant/third-party plaintiff, and upon the attorney for plaintiff, LAWRENCE GILDER, within twenty (20) days after service of the above, exclusive of the date of 3 of 10
service or within thirty (30) days after service is complete if service is made by any method other than personal delivery to you within the State of New York. In the case of your failure to answer the complaint of the defendant/third-party plaintiff/second third-party plaintiff, judgment will be taken against you on default for the relief sought in the second third-party plaintiff's complaint. Dated: Brooklyn, New York July 10, 2017 Yours, etc., KOWALSKI & DEVITO Attorneys for Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff RICHMOND COUNTY COUNTRY CLUB By: Peter J. Calandrella 12 Metrotech Center, 28th Floor Brooklyn, New York 11201 (718) 250-1100 Our File No: NYNY-32131 TO: VIA PERSONAL SERVICE and SECRETARY OF STATE Guy Cardinale 59 Buena Vista Drive Rumson, NJ 07760 Law Offices of S. David Olarsch, P.C. Attorneys for Plaintiff 160 Broadway Suite 500 New York, NY 10038 (212) 267-7565 RIVKIN RADER LLP Attorneys for Third-Party Defendant MONSIGNOR FARRELL HIGH SCHOOL 926 RXR Plaza, West Tower Uniondale, New York 11556 4 of 10
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND LAWRENCE GILDER, Plaintiff, AMENDED SECOND THIRD-PARTY COMPLAINT Index No: 150468/2016 Defendant, Third-Party Plaintiff, Third-Party Index No: A150468/2016 MONSIGNOR FARRELL HIGH SCHOOL Third-Party Defendant. Second Third-Party Plaintiff, Second Third-Party Index No: B150468/2016 GUY CARDINALE, Second Third-Party Defendant. --- The defendant/third-party plaintiff/second third-party plaintiff, RICHMOND COUNTY COUNTRY CLUB, by his attorneys, Kowalski & DeVito, as and for a second third-party complaint against the second third-party defendant, GUY CARDINALE, respectfully alleges upon information and belief: FIRST: That at all times herein mentioned, the defendant/third-party plaintiff/second third-party plaintiff, was and still is a domestic not- 5 of 10
for-profit corporation, duly organized and existing under and by virtue of the Laws of the State of New York. SECOND: Second third-party defendant, GUY CARDINALE, was and still is a resident of Monmouth County, State of New Jersey. THIRD: Second third-party defendant, GUY CARDINALE, was and still is a resident of Monmouth County, New Jersey and was engaged in an event in Richmond County, New York at all relevant times related to the action. FOURTH: Second third-party defendant, GUY CARDINALE, was and still is a resident of New Jersey. FIFTH: The principal action arises out of an alleged incident, described more fully in the complaint, in which plaintiff, Lawrence Gilder, was allegedly injured while traversing the Richmond County Country Club Golf Course located at 1122 Todt Hill Road, Staten Island, New York, near hole #2 in the golf cart path when he was caused to be thrown from a golf cart that was being driven by Guy Cardinale on May 5, 2015. SIXTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, owned a golf cart on the grounds of Richmond County Country Club. SEVENTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, maintained a golf cart on the grounds of Richmond County Country Club. EIGHTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, managed a golf cart on the grounds of Richmond County Country Club. NINTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, controlled a golf cart on the grounds of Richmond County Country Club. TENTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, was the operator of a golf cart on the grounds of Richmond County Country Club. 6 of 10
ELEVENTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, was in control of the golf cart on the grounds of Richmond County Country Club. TWELFTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, maintained a golf cart on the grounds of Richmond County Country Club. THIRTEENTH: That on May 5, 2015, second third-party defendant, GUY CARFINALE, managed a golf cart on the grounds of Richmond County Country Club. FOURTEENTH: That on May 5, 2015, second third-party defendant, GUY CARDINALE, was the operator of a golf cart on the grounds of Richmond County Country Club. FIFTEENTH: The principal action arises out of an alleged incident, described more fully in the complaint, in which plaintiff, Lawrence Gilder, was allegedly injured while traversing the Richmond County Country Club Golf Course located at 1122 Todt Hill Road, Staten Island, New York, near hole #2 in the golf cart path when he was caused to be thrown from a golf cart driven by second third-party defendant, GUY CARDINALE. Annexed hereto as Exhibit A is a copy of the plaintiff s Summons & Complaint. SIXTEENTH: The principal action, as set forth in plaintiff s complaint, seeks money damages for personal injuries. SEVENTEENTH: Plaintiff has provided notably inconsistent accounts as to the sequence of events that led to his alleged injuries in the subject incident. Defendant/third-party plaintiff/second third party plaintiff, has provided that plaintiff was in a golf cart located at the Richmond Country Club Golf Course located at 1122 Todt Hill Road, Staten Island, New York. Regardless of these inconsistencies, plaintiff has provided that second third-party defendant, GUY CARDINALE, was the respective operator and owner of golf cart at the time of the subject incident. As such, if plaintiff was caused to sustain 7 of 10
damages in the manner and at the time and place as set forth in plaintiff s complaint through any carelessness, recklessness or negligence other than the plaintiff s own carelessness, recklessness or negligence, then that was caused solely by reason of the careless, recklessness and negligence and/or acts or omissions or commissions of the second third-party defendant, GUY CARDINALE, and if any judgment is recovered by the plaintiff against the defendant/third-party plaintiff, second third-party plaintiff will be damaged thereby, and the second third-party defendant, GUY CARDINALE, will be liable to defendant/third-party plaintiff/second thirdparty plaintiff for the full extent of any recovery by the plaintiff against defendant/third-party plaintiff/second third-party plaintiff, or affirmatively for a portion thereof, and any attorney fees, costs, disbursements, and other damages. AS AND FOR A FIRST CAUSE OF ACTION EIGHTEENTH: The defendant/third-party plaintiff/second third-party plaintiff, repeats and reiterates each and every allegation contained in paragraphs "FIRST" through "SEVENTEENTH" as if more fully set forth at length herein. NINETEENTH: Pursuant to CPLR Article 14 and common law principles, in the event a judgment is recovered by the plaintiff, and in the event two or more persons have culpability with respect to the plaintiff s claims, such persons equitable shares of the judgment are to be determined in accordance with their relative culpability. That if it is determined that the defendant/third party plaintiff/second third party plaintiff, RICHMOND COUNTY COUNTRY CLUB and GUY CARDINALE, are liable in any degree to the plaintiff(s), whether because of negligence, by operation of law or any other reason, the defendant/third party plaintiff/second third party plaintiff, RICHMOND COUNTY COUNTRY CLUB and GUY CARDINALE, are 8 of 10
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 defendants. TWENTIETH: That by reason of the foregoing, second third-party defendant GUY CARDINALE, is obligated to make contribution to defendant/third-party plaintiff/second third-party plaintiff, to the extent defendant/thirdparty plaintiff is made to pay plaintiff any excess over and above defendant/third-party plaintiff s equitable share, if any, and second third-party defendant, GUY CARDINALE, is to pay attorney fees, costs and disbursements to second third party plaintiff. WHEREFORE, defendant/third-party plaintiff/second third-party plaintiff, RICHMOND COUNTY COUNTRY CLUB, demands judgment against second third-party defendant, GUY CARDINALE, affording defendant/third-party plaintiff/second third-party plaintiff the relief claimed above, including but not limited to judgment over and against second third-party defendant, GUY CARDINALE, for any damages that defendant/third-party plaintiff/second third-party plaintiff, is made to pay to plaintiff, LAWRENCE GILDER, and for attorney s fees, costs and disbursements of defendant/third-party plaintiff. DATED: Brooklyn, New York July 10, 2017 Yours, etc., KOWALSKI & DEVITO Attorneys for Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff RICHMOND COUNTY COUNTRY CLUB By: Peter J. Calandrella 12 Metrotech Center, 28th Floor Brooklyn, New York 11201 (718) 250-1100 Our File No: NYNY-32131 9 of 10
TO: VIA PERSONAL SERVICE and SECRETARY OF STATE Guy Cardinale 59 Buena Vista Drive Rumson, NJ 07760 Law Offices of S. David Olarsch, P.C. Attorneys for Plaintiff 160 Broadway Suite 500 New York, NY 10038 (212) 267-7565 RIVKIN RADER LLP Attorneys for Third-Party Defendant MONSIGNOR FARRELL HIGH SCHOOL 926 RXR Plaza, West Tower Uniondale, New York 11556 10 of 10