FILED: NEW YORK COUNTY CLERK 10/03/2014 09:34 AM INDEX NO. 151547/2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/03/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MILERVA SANTOS, Index No.: 151547/14 Plaintiff, STATEMENT PURSUANT TO CPLR 3402(b) APPLE BANCORP., INC., BRUCE C. LIMITED PARTNERSHIP, G & B FLORIST INC. and CONSOLIDATED EDISON COMPANTY OF NEW YORK, INC., Defendants. APPLE BANCORP., INC., Third-party Plaintiff, Third-party Index No.: THE CITY OF NEW YORK, Third-party Defendant. - PLEASE TAKE NOTICE that, in the above entitled action, defendant/third-party plaintiff APPLE BANCORP., INC. has impleaded the above named third-party defendant; that the caption to this action is now set forth above. That a copy of this Statement has been served upon all parties who have appeared in this action.
That this action has not been noticed for trial. Dated: New York, New York September 22, 2014 Yours, etc., CARTAFALSA, SLATTERY, TURPIN & LENOFF By: DAVID S. PASTERNAK Attorneys for Defendant APPLE BANCORP, INC. One Liberty Plaza 165 Broadway, 28th Floor New York, New York 10006 (212) 225-7700 TO: LAW OFFICES OF ALAN M. GREENBERG, P.C. Attorneys for Plaintiff 370 Lexington Avenue, Suite 801 New York, NY 10017 212-972-5656 FAX (212) 697-3551 DAVID M. SANTORO, ESQ. Consolidated Edison Company of New York, Inc. 4 Irving Place, Room 1800 New York, NY 10003-3598 212-460-3355 FAX (212) 677-5849 DEVITT, SPELLMAN, BARRETT, LLP G&B Florist, Inc. 50 Route 111, Suite 314 Smithtown, NY 11787 631-724-8833 FAX (631) 724-8010 SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C. Attorneys for Defendant Bruce C. Limited Partnership 111 John Street New York, NY 10038 212-964-7400 FAX (212) 374-1935
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MILERVA SANTOS, Index No.: 151547/14 Plaintiff, THIRD-PARTY SUMMONS APPLE BANCORP., INC., BRUCE C. LIMITED PARTNERSHIP, G & B FLORIST INC. and CONSOLIDATED EDISON COMPANTY OF NEW YORK, INC., Defendants. APPLE BANCORP., INC., Third-party Plaintiff, Third-party Index No.: THE CITY OF NEW YORK, Third-party Defendant. - TO THE ABOVE NAMED THIRD PARTY DEFENDANT: YOU ARE HEREBY SUMMONED to answer the Complaint of the third-party plaintiff, a copy of which is hereby served upon you and to serve a copy of your Answer on the undersigned attorneys for the third-party plaintiff and upon all parties in the instant matter, within twenty (20) days after service of this Summons and Third-Party Complaint, exclusive of the day of service, or if service of this Summons and Third-Party Complaint is made by any means other than by personal delivery to you within thirty (30) days after such service is complete. In case of your failure to answer the Complaint of third-party plaintiff, judgment will be taken against you by default for the relief demanded in the Third-Party
Complaint. Dated: New York, New York September 22, 2014 Yours, etc., CARTAFALSA, SLATTERY, TURPIN & LENOFF By: DAVID S. PASTERNAK Attorneys for Defendant / Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. One Liberty Plaza 165 Broadway, 28th Floor New York, New York 10006 (212) 225-7700 TO: LAW OFFICES OF ALAN M. GREENBERG, P.C. Attorneys for Plaintiff 370 Lexington Avenue, Suite 801 New York, NY 10017 212-972-5656 FAX (212) 697-3551 DAVID M. SANTORO, ESQ. Consolidated Edison Company of New York, Inc. 4 Irving Place, Room 1800 New York, NY 10003-3598 212-460-3355 FAX (212) 677-5849 DEVITT, SPELLMAN, BARRETT, LLP G&B Florist, Inc. 50 Route 111, Suite 314 Smithtown, NY 11787 631-724-8833 FAX (631) 724-8010
SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant Bruce C. Limited Partnership 111 John Street New York, NY 10038 212-964-7400 FAX (212) 374-1935
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MILERVA SANTOS, Index No.: 151547/14 Plaintiff, THIRD-PARTY COMPLAINT APPLE BANCORP., INC., BRUCE C. LIMITED PARTNERSHIP, G & B FLORIST INC. and CONSOLIDATED EDISON COMPANTY OF NEW YORK, INC., Defendants. APPLE BANCORP., INC., Third-party Plaintiff, Third-party Index No.: THE CITY OF NEW YORK, Third-party Defendant. - Defendant/Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. by its attorneys, CARTAFALSA, SLATTERY & TURPIN & LENOFF, as and for a Third-party Complaint against third-party defendant, THE CITY OF NEW YORK, upon information and belief, alleges as follows: AS AND FOR A FIRST CAUSE OF ACTION AGAINST THIRD PARTY DEFENDANT THE CITY OF NEW YORK FIRST: That at all times hereinafter mentioned, Third-party Defendant, THE CITY OF NEW YORK was and still is a domestic municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. SECOND: That prior to this third-party action, Plaintiff commenced an action against the Defendant/Third-party Plaintiff alleging personal injuries following an April 4,
2013 incident on the premises located at 4257 Broadway, New York, New York. A copy of the Summons and Complaint is attached to this third-party complaint as Exhibit A. Attached to this third-party complaint as Exhibit B is the answer of the Defendant/Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. These documents are made a part hereof as if set forth fully at length herein without admitting or denying the truth of the allegations contained therein. THIRD: That Plaintiff s complaint alleges that on April 4, 2013, on the premises located at 4257 Broadway, New York, New York, she sustained personal injuries due to an alleged dangerous and defective condition thereat, caused and or created by the negligence and carelessness of Defendant/Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. FOURTH: That Defendant/Third-party Plaintiff has denied these allegations. FIFTH: That if the Plaintiff was caused to sustain damages at the time and place set forth in the Plaintiff's complaint through any carelessness, recklessness, or negligence, other than the Plaintiff's 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 THE CITY OF NEW YORK. SIXTH: By reason of the foregoing, the Third-party Defendant, THE CITY OF NEW YORK will be liable to the Defendant/Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. in the event and in the full amount of a recovery herein by the plaintiff, or for that proportion thereof caused by the relative responsibility of the Third-party Defendant, and the third-party Defendant is bound to pay any and all attorneys' fees, costs of investigations, and disbursements. AS AND FOR A SECOND CAUSE OF ACTION AGAINST THIRD PARTY DEFENDANT THE CITY OF NEW YORK
SEVENTH: The Defendant/Third-party Plaintiff repeats, reiterates and realleges each and every allegation designated FIRST through SIXTH herein with the same force and effect as though the same were herein fully set forth at length. EIGHTH: If the Plaintiff herein recovers a judgment against the Defendant/Third-party Plaintiff for the alleged injuries and damages the Plaintiff alleges to have suffered at the time and place mentioned in the complaint, such damages and liability imposed on the Defendant/Third-party Plaintiff will have been caused and brought about by reason of the primary and active negligence, and/or acts of ommission or commission by the Third-party Defendant THE CITY OF NEW YORK, its agents, servants and/or employees, in permitting, causing and creating the alleged conditions set forth in the plaintiff's complaint and by the Third-party Defendant, THE CITY OF NEW YORK in failing generally to exercise care and diligence, all without any active or primary negligence on the part of the Defendant/Third-party Plaintiff contributing thereto. NINTH: That by reason of Third-Party Defendant's negligence and otherwise, Third-Party Defendant has violated its contractual and statutory obligations and duties. TENTH: That if Plaintiff sustained the injuries and damages other than through the fault of the Plaintiff herself, then said injuries and damages were due to the breach of common law and statutory duties by Third-Party Defendant, its agents, servants or employees. ELEVENTH: That by reason of the foregoing, the Defendant/Third-party Plaintiff is entitled to indemnification and/or contribution from the Third-party Defendant for any sum the Plaintiff may recover in her action as set forth in the complaint, all attorneys' fees, costs of investigations and disbursements.
WHEREFORE, the Defendant/Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. demands judgment against the Third-Party Defendant THE CITY OF NEW YORK for the amount of any verdict or judgment that may be obtained against Defendant/Third-Party Plaintiff, together with costs, interest, disbursements and expenses of this action including reasonable counsel fees, and for such other and further relief as to this Court deems proper and equitable. Dated: New York, New York September 22, 2014 Yours, etc., CARTAFALSA, SLATTERY, TURPIN & LENOFF By: DAVID S. PASTERNAK Attorneys for Defendant / Third-party Plaintiff APPLE BANK FOR SAVINGS i/s/h/a APPLE BANCORP., INC. One Liberty Plaza 165 Broadway, 28th Floor New York, New York 10006 (212) 225-7700 TO: LAW OFFICES OF ALAN M. GREENBERG, P.C. Attorneys for Plaintiff 370 Lexington Avenue, Suite 801 New York, NY 10017 212-972-5656 FAX (212) 697-3551 DAVID M. SANTORO, ESQ. Consolidated Edison Company of New York, Inc. 4 Irving Place, Room 1800 New York, NY 10003-3598
212-460-3355 FAX (212) 677-5849 DEVITT, SPELLMAN, BARRETT, LLP G&B Florist, Inc. 50 Route 111, Suite 314 Smithtown, NY 11787 631-724-8833 FAX (631) 724-8010 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant Bruce C. Limited Partnership 111 John Street New York, NY 10038 212-964-7400 FAX (212) 374-1935