SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X CATHERINE SANTIAGO, Plaintiff, - against - THIRD-PARTY SUMMONS Index No.: 157287/16 GELCO CORPORATION and JONATHAN J. FELDMAN, Defendants. --------------------------------------------------------------------X JONATHAN J. FELDMAN, Third-Party Plaintiff, Third-Party - against - Index No.: ROBIN L. REEVES, Third-Party Defendants. --------------------------------------------------------------------X To the above named Second Third-Party Defendant(s) YOU ARE HEREBY SUMMONED to answer the Third-Party Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with the Summons, to serve a Notice of Appearance, on the third-party plaintiff s attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); in case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded herein. Dated: New York, New York July 18, 2018 Yours, etc. JEFFREY SAMEL & PARTNERS By: JEFFREY SAMEL, ESQ. Attorneys for Defendant/Third-Party Plaintiff JONATHAN J. FELDMAN 150 Broadway Suite 1600 New York, New York 10038 (212) 587-9690 Our File No.: 90-0001 1 of 26
TO: ROBIN L. REEVES Third-Party Defendant 610 Seney Avenue Mamaroneck, NY 10453 c/o Secretary of State Albany, New York 12231 Courtesy Copy to: ABRAHAM AND ABRAHAM, LLC Attorneys for Plaintiff CATHERINE SANTIAGO 130-22 Rockaway Boulevard South Ozone Park, NY 11420 (718)848-3165 2 of 26
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X CATHERINE SANTIAGO, Plaintiff, - against - THIRD-PARTY COMPLAINT Index No.: 157287/16 GELCO CORPORATION and JONATHAN J. FELDMAN, Defendants. --------------------------------------------------------------------X JONATHAN J. FELDMAN, Third-Party Plaintiff, Third-Party - against - Index No.: ROBIN L. REEVES, Third-Party Defendants. --------------------------------------------------------------------X The Defendant/Third-Party Plaintiff, JONATHAN J. FELDMAN, by his attorneys, JEFFREY SAMEL & PARTNERS, as and for his Verified Third-Party Complaint against the Third-Party Defendant, ROBIN L. REEVES, hereby asserts the following to be true, upon information and belief: 1. At all times hereinafter mentioned, the Third-Party Defendant, ROBIN L. REEVES (hereinafter, REEVES ), was and still is a resident of the Town of Mamaroneck, County of Westchester, State of New York. 2. At all times hereinafter mentioned, the Third-Party Defendant, REEVES, was the owner of a 2011 Toyota automobile bearing New York State registration number EG45426. 3. At all times hereinafter mentioned, the Third-Party Defendant, REEVES, operated, maintained and/or controlled a 2011 Toyota automobile bearing New York state registration Number EG45426. 3 of 26
PROCEDURAL HISTORY 4. Plaintiff in the underlying action, KATHERINE SANTIAGO (hereinafter, SANTIAGO ), commenced an action against Defendant/Third-Party Plaintiff, JONATHAN J. FELDMAN (hereinafter, FELDMAN ), to recover damages allegedly caused by negligence. A copy of the Summons & Verified Complaint in such action are attached to this Third-Party Complaint and made a part hereof as EXHIBIT A. 5. A copy of the Verified Answer of the defendant/third-party plaintiff FELDMAN, is also attached to this Third-Party Complaint and made a part hereof as EXHIBIT B. 6. In the Verified Complaint herein, plaintiff SANTIAGO alleges, inter alia, that on or about December 11, 2013, plaintiff was injured in her own motor vehicle when struck from behind by the motor vehicle owned and operated by the Third-Party Defendant REEVES on the FDR Drive near E. 30 th Street in the County, City and State of New York. 7. Plaintiff SANTIAGO commenced the instant lawsuit alleging that such motor vehicle accident, and the injuries that the plaintiff claims to have suffered therefrom, were due, in whole or in part, to negligence on the part of the Defendant/Third-Party Plaintiff, FELDMAN, as the operator of a 2013 Ford motor vehicle that was situated ahead of plaintiff s vehicle at the aforesaid time, date and place. 8. Plaintiff SANTIAGO also alleged in her Verified Complaint that the originally named defendant, GELCO CORP, was liable to her for her claimed damages as the purported owner of the 2013 Ford motor vehicle operated by the Defendant/Third-Party Plaintiff FELDMAN at the time, date and place as foresaid. 9. Plaintiff SANTIAGO subsequently executed a Stipulation dated May 3, 2017, by which it is set forth that her claims against the original defendant GELCO CORP were discontinued with prejudice. A copy of said Stipulation is attached to this Third-Party Complaint and made part hereof as EXHIBIT C. 4 of 26
AS AND FOR A FIRST CAUSE OF ACTION 10. Defendant/Third-Party Plaintiff, FELDMAN, hereby repeats, reiterates and realleges each and every allegation contained in Paragraphs 1 through 9 of the Third-Party Complaint herein, with the same force and effect as if each such allegation was repeated, reiterated and realleged here in full. 11. If the plaintiff, SANTIAGO, was caused to sustain damages at the time and place set forth in the plaintiff s Verified Complaint, due to any carelessness and/or negligence other than plaintiff s own carelessness, recklessness and/or negligence which the Defendant/Third-Party Plaintiff, FELDMAN, has denied, that same was brought about and sustained by reason of the carelessness and/or negligence of the Third-Party Defendant, REEVES, in the ownership, operation, maintenance and/or control of her aforesaid motor vehicle; and if any judgment is recovered by plaintiff, SANTIAGO, against Defendant/Third-Party Plaintiff, FELDMAN, will be damaged thereby and Third-Party Defendant, REEVES, will be responsible therefore, in whole or in part. 12. By reason of the foregoing, the Third-Party Defendant, REEVES, will be liable to the Defendant/Third-Party Plaintiff, FELDMAN, by way of common law indemnification and/or contribution, in the event and in the full amount of recovery hereby by plaintiff, SANTIAGO, or for that portion thereof caused by relative responsibility of Third-Party Defendant, REEVES, who will also be bound to pay any and all attorneys fees and costs of investigation and disbursement. WHEREFORE, the Defendant/Third-Party Plaintiff, JONATHAN J. FELDMAN, demands judgment against the Third-Party Defendant, ROBIN L. REEVES, on the third-party claims herein, all together with attorneys fees, and with the costs and disbursements of this action, and with other and further 5 of 26
relief as the Court deems just and proper. Dated: New York, New York July 18, 2018 Yours, etc. JEFFREY SAMEL & PARTNERS By: JEFFREY SAMEL, ESQ. Attorneys for Defendant/Third-Party Plaintiff JONATHAN J. FELDMAN 150 Broadway Suite 1600 New York, New York 10038 (212) 587-9690 Our File No.: 90-0001 6 of 26
STATE OF NEW YORK ) )ss: COUNTY OF NEW YORK ) ATTORNEY VERIFICATION JEFFREY SAMEL, an attorney duly admitted to practice before the Courts of the State of New York, swears under the penalties of perjury that: I am the principal partner of the law firm of JEFFREY SAMEL & PARTNERS, the attorneys for the Defendants/Third-Party Plaintiff, JONATHAN J. FELDMAN, in the above action. I have read the annexed THIRD-PARTY SUMMONS AND VERIFIED COMPLAINT and know the contents thereof. The same is true to my knowledge, except as to the matters therein stated to be alleged upon information and belief and as to those matters I believe them to be true. The grounds of my belief as to all matters herein not stated upon my knowledge are based upon the office files and investigations that your affirmant caused to be made and the reports thereon and communications had with the defendants/second third-party plaintiffs in this action. Dated: New York, New York July 18, 2018 JEFFREY SAMEL, ESQ. 7 of 26
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INDEX NO.: 157287/16 THIRD-PARTY INDEX NO.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CATHERINE SANTIAGO, Plaintiff, - against - GELCO CORPORATION and JONATHAN J. FELDMAN, Defendants. JONATHAN J. FELDMAN, - against - ROBIN L. REEVES, Third-Party Plaintiff, Third-Party Defendants. THIRD-PARTY SUMMONS and COMPLAINT JEFFREY SAMEL & PARTNERS Attorneys for Defendant/Third-Party Plaintiff JONATHAN J. FELDMAN 150 Broadway Suite 1600 New York, New York 10038 (212) 587-9690 Our File No.: 90-0001 Pursuant to 22 NYCRR 130-1.1, 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 documents are not frivolous. Dated: July 18, 2018 Signature _ Print Signer s Name: Jeffrey Samel, Esq. 26 of 26