SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS â â ----------- â - â ------ â - â â â -- â, Index No. 710002/2017 Plaintiff, CARLOS RODRIGUEZ and ARTURO PAREDES, 3402(b) NOTICE PURSUANT TO CPLR Defendants. â CARLOS RODRIGUEZ and ARTURO PAREDES, Plaintiffs, CARRIE SINGLETARY, ------------------------------------------------------------------X Defendant. PLEASE TAKE NOTICE, that in the above-entitled action the defendants/third-party plaintiffs CARLOS RODRIGUEZ and ARTURO PAREDES, have impleaded the above-named third-party defendants. The caption shall now read as above. This action is not on the trial calendar. The action bears index number 710002/20177 and has been assigned to Hon. Robert J. McDonald J.S.C. A copy of this statement has been served upon all attorneys who have appeared in this action. 1 1 of 10
Dated: New York, New York August 14, 2018 CHARTWELL plw By: c Andrew(Furman, Esq. Attorneys for befendants/ Plaintiffs CARLOS RODRIGUEZ and ARTURO PAREDES One Battery Park Plaza, 35th FlOOr New York, New York 10004 P: (212) 968-2300 F: (212) 968-2400 TO: Attn: Sameer Chopra, Esq. CHOPRA 4 NOCERINO, LLP Attorneys for Plaintiff 100 Quentin Roosevelt Blvd., Unit 107 Garden City, New York 11530 P: (212) 868-3600 F: (212) 868-1300 Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 85 Willis Avenue, Suite E Mineola, New York 11501 P: (212) 868-3600 F: (212) 868-1300 CARRIE SINGLETARY Defendant 1146 Halsey Street, Apt Brooklyn, New York 11207 2 2 of 10
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS - â â â â â â â â â - â â â - â -- â â â --- â -"-- â â --, Index No. 710002/2017 Plaintiff, THIRD-PARTY SUMMONS CARLOS RODRIGUEZ and ARTURO PAREDES, ------------------------------------------------------------------X â â â â â - â â â â â â â â â â â â â â Defendants. â - â â - â CARLOS RODRIGUEZ and ARTURO PAREDES, Plaintiffs, CARRIE SINGLETARY, Defendant. TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: You are hereby summoned to answer the complaint of the defendants/third-party plaintiffs, CARLOS RODRIGUEZ and ARTURO PAREDES, and the complaint of the original plaintiff, copies of which together with copies of all prior pleadings in this action, are herewith served upon you and to serve copies of your answer upon the defendants/third-party plaintiffs' attorney at its address stated below and upon the attorney for the original plaintiff at: Attn: Sameer Chopra, Esq. Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP CHOPRA & NOCERINO, LLP Attorneys for Plaintiff Attorneys for Plaintiff 100 Quentin Roosevelt Blvd., Unit 107 85 Willis Avenue, Suite E Garden City, New York 11530 Mineola, New York 11501 P: (212) 868-3600 P: (212) 868-3600 F: (212) 868-1300 F: (212) 868-1300 3 3 of 10
If this third-party summons was personally served upon you in the State of New York, the answer must be served within twenty (20) days after such service, excluding the date of service. If the third-party summons was not personally delivered to you within the State of New York, the answer must be served within thirty (30) days after service of the summons is complete as provided by law. If you do not serve an answer to the attached third-party complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the third-party complaint. Dated: New York, New York August 14, 2018 CHARTWELL L W By: A idrefv J. Furman, F,hq. -Attorneys Aftorneys for Defendants/ Plaintiffs CARLOS RODRIGUEZ and ARTURO PAREDES 35th One Battery Park Plaza, FlOOr New York, New York 10004 P: (212) 968-2300 F: (212) 968-2400 TO: Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 100 Quentin Roosevelt Blvd., Unit 107 Garden City, New York 11530 P: (212) F: (212) 868-3600 868-1300 4 4 of 10
Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 85 Willis Avenue, Suite E Mineola, New York 11501 P: (212) 868-3600 F: (212) 868-1300 CARRIE SINGLETARY Defendant 1146 Halsey Street Brooklyn, New York 11207 5 5 of 10
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS â -- â â - â - â â â -- â â â â â --, Index No. 710002/2017 Plaintiff, CARLOS RODRIGUEZ and ARTURO PAREDES, THIRD-PARTY COMPLAINT Defendants. CARLOS RODRIGUEZ and ARTURO PAREDES, Plaintiffs, CARRIE SINGLETARY, ------------------------------------------------------------------X Defendant. Defendants/third-party plaintiffs, CARLOS RODRIGUEZ and ARTURO PAREDES, Plaintiffs" (hereinafter, " Plaintiffs"), by their attorneys, CHARTWELL LAW, complaining of Defendant" third-party defendant, CARRIE SINGLETARY (hereinafter, " Defendant"), respectfully allege, upon information and belief, as follows: 1. At all times hereinafter mentioned, third-party defendant, CARRIE S1NGLETARY, was and is an individual residing in the State of New York. 2. Prior to November 18, 2016, Plaintiff and Defendant entered into an agreement for Defendant to lease a garage stall annexed to property Premises" located at 1149 Halsey St., Brooklyn, New York 11207 (hereinafter "Subject Premises"). AS AND FOR A FIRST CAUSE OF ACTION 3. This action arises out of transactions or occurrences in the State of New York. 6 6 of 10
"Plaintiff' 4. Prior hereto, plaintiff, (hereinafter, "Plaintiff"), commenced an action in this court by filing of a Summons and Verified Complaint on January 12, "Complaint" 2017 (hereinafter, "Complaint"). Annexed hereto as Exhibit "A" and made a part hereof are copies of all pleading heretofore served in said action. 5. It is alleged in the Complaint, without admitting the truth thereof, that on November 18, 2016 Plaintiff suffered personal injuries and damages as a result of an incident that occurred within the garage stall leased to Defendant, and the injuries sustained are attributable to the negligence of Plaintiffs. 6. If damages were sustained by Plaintiff as alleged in the Complaint, it was due to the negligence and carelessness of the Defendant and/or Defendant's agents, servants, invitees, and/or employees. 7. If a judgment or settlement is recovered by Plaintiff from Plaintiffs, such recovery will have come about because of the negligence, carelessness and recklessness of the Defendant, and/or Defendant's agents, servants, invitees, and/or employees. 8. By reason of the foregoing, the Defendant is liable over to the Third- Party Plaintiffs in common-law indemnification for Defendant's entire share of any judgment or settlement that the Plaintiff may recover from the Plaintiffs, based upon the relationship between the Plaintiffs and Defendant. AS AND FOR A SECOND CAUSE OF ACTION 9. The Plaintiffs repeat, reiterate, and reallege each and every allegation set forth in the paragraphs numbered "1" through "8", inclusive, with the same force and effect as if set forth herein at length. 7 7 of 10
10. At all times mentioned herein, and more specifically on or November 18, 2016, Defendant and/or Defendant's agents, servants, invitees, and/or employees were solely, primarily, and actively negligent. 11. If the injuries and damages were sustained by Plaintiff as alleged in the Complaint through any negligence other than the negligence of Plaintiff, it was due to the sole, primary and active negligence of the Defendant and/or Defendant's agents, servants, invitees, and/or employees. 12. If a judgment or settlement is recovered by Plaintiff from Plaintiffs, it will have come about because of the sole, primary, and active negligence of the Defendant and/or Defendant's agents, servants, invitees, and/or employees. 13. By reason of the foregoing, Defendant is liable over to Plaintiffs in contribution for a share of any judgment or settlement that Plaintiff may recover from Plaintiffs. AS AND FOR A THIRD CAUSE ACTION 14. The Plaintiffs repeat, reiterate and reallege each and every allegation contained in the paragraphs, "1" through "13", inclusive, with the same force and effect as if set forth herein at length. 15. Pursuant to the agreement entered into between Plaintiffs and Third- Party Defendant, Defendant was obligated to manage, control, supervise, inspect, maintain, repair, and/or operate the garage stall adjacent to the Subject Premises. 16. Defendant has failed to perform under her agreement with Plaintiffs. 8 8 of 10
17. By reason of the foregoing, Defendant is liable to Plaintiffs for all damages resulting from the breach of the agreement by said Defendant. WHEREFORE, Plaintiffs demand judgment over and against the Defendant for all of Plaintiffs' proportionate share of any judgment which may be recovered by Plaintiff against Plaintiffs or, in the event that judgment is not rendered pursuant to the first or second causes of action, Plaintiffs demand judgment on the third cause of action for the damages sustained as a result of the breach of contract by Defendant, together with the costs, disbursements, counsel fees and accrued interests thereon. Dated: New York, New York August 14, 2018 CHARTWELL LAW By: Apdrew J. Furmaf /Áttorneys for Defendants/ Plaintiffs CARLOS RODRIGUEZ and ARTURO PAREDES One Battery Park Plaza, 35th FlOOr New York, New York 10004 P: (212) 968-2300 F: (212) 968-2400 TO: Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 100 Quentin Roosevelt Blvd., Unit 107 Garden City, New York 11530 P: (212) 868-3600 F: (212) 868-1300 9 9 of 10
Attn: Sameer Chopra, Esq. CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 85 Willis Avenue, Suite E Mineola, New York 11501 P: (212) 868-3600 F: (212) 868-1300 CARRIE SINGLETARY Defendant 1146 Halsey Street Brooklyn, New York 11207 10 10 of 10