NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 05/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x HARVEY STEIN and ALICE STEIN, - against - Plaintiffs, CORP., JACOBS PROJECT MANAGEMENT CO., JACOBS ENGINEERING NEW YORK INC., THE JACOBS GROUP PLLC and JACOBS ENGINEERING GROUP INC., JACOBS ENGINEERING GROUP INC., JACOBS ENGINEERING INC., K.P. ORGANIZATION OF QUALITY PAINTING, INC., and K.P. ORGANIZATION INC., NOTICE OF ENTRY Index No. 151147/2012 Defendants. CORPORATION, Third-Party Plaintiff, COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant. x SIR/MADAM: Please take notice, that the within is a true copy of a Judgment duly entered in the office of the Clerk of the within named Court on May 30, 2017. Dated: New York, New York May 30, 2017 Yours, etc._ a BY: Amanda B. Zifch AARONSON RAPP DEUTSCH, LLP Attorneys for Defendant tf/ ORT FEINSTEIN & JACOBS PROJECT MANAGEMENT CO. s/h/a JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC 600 Third Avenue New York, NY 10016 212-593-6700 (0198901 I.DOC } 1 of 10
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 05/30/2017 To: THE FELD LAW FIRM, P.C. Attorneys for Plaintiffs 150 Broadway, Ste 1703 New York, New York 10038 212-964-4100 HARRIS, KING & FODERA Attorneys for Defendant CORPORATION One Battery Park Plaza, 30th Floor New York, New York 10004 CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendants K.P. Organization of Quality Painting, Inc., i/s/h/a K.P. ORGANIZATION, INC. 48 Wall Street - 20th Floor New York, NY 10005 (01989011.DOC 1-2- 2 of 10
NYSCEF IFILED: DOC. NEW NO. 170 YORK COUNTY CLERK 05 /3 --T 0 2017 :-J.1: 07 AM RECEIVED INDEX NYSCEF: NO. 151147/2012. 05/30/2017 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 05/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x HARVEY STEIN and ALICE STEIN, - against Plaintiffs, JUDGMENT Index No. 151147/2012 LEON D. DEMA11EIS CONSTRUCTION CORP., JACOBS PROJECT MANAGEMENT CO., JACOBS ENGINEERING NEW YORK INC., THE JACOBS GROUP PLLC and JACOBS ENGINEERING INC., K.P. ORGANIZATION OF QUALITY PAINTING, INC., and K.P. ORGANIZATION INC., Defendants, CORPORATION, Third-Party Plaintiff, COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant. x The defendant JACOBS PROJECT MANAGEMENT CO. s/h/a JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC. having filed a motion pursuant to CPLR 3212, supported by the affirmation of Thomas M. Fleming II, Esq., dated October 27, 2015, with exhibits, seeking dismissal of all causes of action contained in plaintiffs' (01984813.00C ) 1 of 6 3 of 10
NYSCEF FILED: DOC. NEW NO. 170 YORK COUNTY CLERK 05/30/2017 11:07 AM] RECEIVED INDEX NYSCEF: NO. 151147/2012 05/30/2017 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 05/30/2017 Complaint and all cross-claims against said defendant on the grounds that no material issues of triable facts existed against it; AND the defendant/third-party Plaintiff LEON D. DEMA1 TEIS CONSTRUCTION CORPORATION having filed a motion for summary judgment, for dismissal of all cross-claims against it and for breach of contract as against defendants K.P. ORGANIZATION OF QUALITY PAINTING, INC. and KP ORGANIZATION, INC. dated October 28, 2015, supported by the affirmation of Gregory D. V. Holmes, Esq., and exhibits; AND, the defendants K.P. ORGANIZATION OF QUALITY PAINTING, INC. and KP ORGANIZATION, INC. having also filed a motion for summary judgment, for dismissal of all cross-claims against them and/or for dismissal of plaintiffs claim of alleged left hip injury, dated October 28, 2015, supported by the affirmation of Michael T. Blumenfeld, Esq. and by exhibits; AND, upon a hearing on June 23, 2016 before the Honorable Gerald Lebovits, J.S.C. at Supreme Court of the State of New York, New York County, and after due deliberation, this Court having issued an Order dated January 20, 2017; AND, the Court having issued an Order dated April 12, 2017 amending its January 20, 2017 Order to the extent that it directs the County Clerk to enter judgment; AND, said Orders having been served with Notice of Entry on all parties on April 13, 2017; NOW, upon the Motions of MILBER MAKRIS PLOUSADIS & SEMEN, LLP, 1000 Woodbury Road, Suite 402 Woodbury, New York 11797, former counsel for defendant JACOBS PROJECT MANAGEMENT CO. s/h/a JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC., now represented by AARONSON RAPPAPORT FEINSTEIN (01984813.DOC -2-2 of 6 4 of 10
NYSCEF FILED: DOC. NEW NO. 170 YORK COUNTY CLERK 05/30/2017 11:07 All RECEIVED INDEX NYSCEF: NO. 151147/2012 05/30/2017 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 05/30/2017 & DEUTSCH, LLP, located at 600 Third Avenue, New York, NY 10016; HARRIS, KING, FODERA & CORREA, One Battery Park Plaza, 30th Floor, New York, NY 10001, counsel for defendant LEON D. DE MATTEIS CONSTRUCTION CORPORATION; and CONWAY, FARRELL, CURTIN & KELLY, P.C., counsel for defendants K.P. ORGANIZATION OF QUALITY PAINTING, INC. and KP ORGANIZATION, INC., 48 Wall Street, 20th Floor, New York, NY 10005, it is hereby: ADJUDGED, that all claims and cross-claims as against the defendants JACOBS ENGINEERING GROUP INC., THE JACOBS GROUP PLLC, JACOBS ENGINEERING GROUP INC., JACOBS ENGINEERING INC. are dismissed and that said defendants have Judgment over and against the plaintiff, without costs and without disbursements; and is further: ADJUDGED, that that-the-bremelrof-clefendants K.P. ORGANIZATION OF QUALITY CO istp 04.9eVA S' "- PAINTING INC. and KP ORGANIZATION INC.'s tnetiels-peselved-as-fallews:-the-braneltis GI t'sotl i5 a NA I,, Are 4V4iswed emettryiedgmeal-elistrtissitig-all cross-claimse against themvisratefir except as to defendant CORPORATION's claims for contractual indemnification and for breach of contract for failure to procure insurance, which remain; 414- Judgment entered this day oof es D 2017 00907, l e cou twarsvm No sano Clerk of the COurt oismusnoc) -3-3 of 6 5 of 10
NYSCEF FILED: DOC. NEW NO. 170 YORK COUNTY CLERK 05/30/2017 11:07 AM RECEIVED INDEX NYSCEF: NQ. 151147/2012 05/30/2017 NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 05/30/2017 SUPREME COURT OF THE STATE OP NEW YORK COUNTY OF NEW YORK x HARVEY STEIN and ALICE STEIN, - against - Plaintiffs, CORP., JACOBS PROJECT MANAGEMENT CO., JACOBS ENGINEERING NEW YORK INC., THE JACOBS GROUP PLLC and JACOBS ENGINEERING GROUP INC JACOBS ENGINEERING INC., K.P. ORGANIZATION OF QUALITY PAINTING, INC., and K.P. ORGANIZATION INC., Defendants. CORPORATION, Third-Party Plaintiff, COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant. AFFIRMATION OF WAIVER OF BILL OF COSTS Index No. 151147/2012 Fri AMANDA B. ZIFCHAK, Esq., an attorney duly licensed to practice law in the State of New York, hereby affirms the following under the penalties of perjury: 1. I am an associate with the law firm of AARONSON RAPPAPORT PEINSTEIN & DEUTSCH, LLP, attorneys for Defendant JACOBS PROJECT MANAGEMENT CO. s/h/a "JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC." As such, I am fully familiär with the facts of this matter based upon my review of the tile maintained by this (01957MUCC) 4 of 6 6 of 10
NYSCEF WILED: DOC. NEW NO. 170 YORK COUNTY CLERK 05/30/2017 11:07 Allj RECEIVED INDEX NYSCEF: NO. 151147/2012 05/30/2017 NYSC DOC. NO. 169 RECEIVED NYSCEF: 05/30/2017 office. 2. It is hereby affirmed by The undersigned as attorneys for Defendant JACOBS PROJECT MANAGEMENT CO. s/h/a "JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC." that said defendant waives any and all costs associated with the defense of the above-captioned action and entering of the instant Judgment. WHEREFORE, it is respectfully requested that the Judgment as served and filed dismissing the complaint as to JACOBS PROJECT MANAGEMENT CO. Wu "JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC.," be entered. Dated: New York, New York April 27,2017. FILED MAY.3 0 2017 COUNTY CLERICs OFFicE N YORK IN 0195783ILDM -2-5 of 6 7 of 10
FILED: NEW YORK COUNTY CLERK 05/30 /201 7 11 : 07 AM) INDEX NO. 151147/2012 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 05/30/2017 NYSCEF DOC. NO. 169 RECAVED ASCEF: 05/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HARVEY STEIN and ALICE STEIN, Index No: 151147/2012 Plaintiffs, - against - CORP., JACOBS PROJECT MANAGEMENT CO., JACOBS ENGINEERING NEW YORK INC THE JACOBS GROUP PLLC and JACOBS ENGINEERING INC., K.P. ORGANIZATION OF QUALITY PAINTING, INC., and K.P. ORGANIZATION INC., Defendants. CORPORATION, Third-Party Plaintiff, COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant. PROPOSED JUDGMENT WITH NOTICE OF SETTLEMENT AND AFFIRMATION OF WAIVER OF BILL OF COSTS AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendants JACOBS PROJECT MANAGEMENT CO. s/h/a JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 To: ALL PARTIES {0mmmr} R Agq. DEFAULT NOTED --e TINS /0 DAY OF may 20/7- a mi... FILED -44 MAY 3 0 2017, AT /7.06 AIM N.Y., CO. CMS OFFICE 6 of 6 8 of 10
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 05/30/2017 Stein v. Jacobs Project Management Co., et al. ARF&D File No: 5030-014 STATE OF NEW YORK ss.: COUNTY OF NEW YORK ) AFFIDAVIT OF SERVICE BY MAIL Said Belabed, being duly sworn, deposes and says: that deponent is not a party to the action, is over 18 years of age and resides at in Queens County, New York. That on the 30th day of May, 2017, deponent served the within Judgement with Notice of Entry on behalf of defendant JACOBS PROJECT MANAGEMENT CO. upon: THE FELD LAW FIRM, P.C. Attomeys for Plaintiffs 150 Broadway, Ste 1703 New York, New York 10038 212-964-4100 HARRIS, KING & FODERA Attorneys for Defendant CORPORATION One Battery Park Plaza, 30th Floor New York, New York 10004 CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendants K.P. ORGANIZATION OF QUALITY PAINTING, INC., i/s/h/a K.P. ORGANIZATION, INC. 48 Wall Street - 20th Floor New York, NY 10005 at the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. Sworn to before me this 30th day f May, 2017., / 1 Said Belabed Notary Public RUi3EN A. BAEZ Commissioner of beet City of New York - No, 2-13303 Certificate Filed in New York Ow*. tot989324.docgorriniitsion Expires June 1,20 9 of 10
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 05/30/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HARVEY STEIN and ALICE STEIN, Index No: 151147/2012 Plaintiffs, - against - CORP., JACOBS PROJECT MANAGEMENT CO., JACOBS ENGINEERING NEW YORK INC., THE JACOBS GROUP PLLC and JACOBS ENGINEERING INC., K.P. ORGANIZATION OF QUALITY PAINTING, INC., and K.P. ORGANIZATION INC., Defendants. CORPORATION, Third-Party Plaintiff, COASTAL ELECTRIC CONSTRUCTION CORP., Third-Party Defendant. JUDGMENT WITH NOTICE OF ENTRY AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendants JACOBS PROJECT MANAGEMENT CO. s/h/a JACOBS ENGINEERING NEW YORK INC., JACOBS ENGINEERING GROUP INC. and JACOBS ENGINEERING INC Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 To: ALL PARTIES NOTICE OF ENTRY SIRS: PLEASE TAKE NOTICE that the within is a true copy of a Judgment duly entered in the office of the clerk of the within named court on May 30, 2017. Dated: New York, New York May 30, 2017 {01952665.DOC ) 10 of 10