SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X SUSAN SUKENIK and DAVID RAPHAEL, Plaintiffs, 452642/2017 Index No.: Index No.: -against- CROSS-CLAIMS AS TO THIRD-PARTY DEFENDANT THE CITY OF NEW YORK, CONSOLIDATED MECC CONTRACTING, INC. EDISON COMPANY OF NEW YORK, INC. 606 WEST 57, LLC, and TFC WEST 57 GC, LLC Defendants. --------------------------------------------------------------------X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third-Party Plaintiff, Third-Party Index No.: -against- CITYWIDE PAVING, INC. a/k/a NICO ASPHALT PAVING, INC. and MECC CONTRACTING, INC., Third-Party --------------------------------------------------------------------X Defendants. Defendants 606 West 57 LLC, TFC West 57 GC LLC and The City of New York by and through their attorneys, HAWORTH ROSSMAN 8 GERSTMAN, LLC, as and for Cross-Claims against third-party defendant MECC Contracting, Inc., allege upon information and belief: AS AND FOR A FIRST CROSS-CLAIM BY 606 WEST 57 LLC, TFC WEST 57 GC LLC AND THE CITY OF NEW YORK AGAINST MECC CONTRACTING, INC. AS AGAINST THIRD-PARTY DEFENANT MECC CONTRACTING, INC.: 1. If and in the event that plaintiffs sustained the injuries and damages complained of, such injuries and damages were caused entirely by reason of the negligence, carelessness, recklessness, breach of contract and/or violations of law of 1 of 7
co-defendants and/or third-party defendants, there being no active or primary wrongdoing on the part of 606 West 57 LLC, TFC West 57 GC LLC and The City of New York contributing thereto. 2. By reason of the foregoing, 606 West 57 LLC, TFC West 57 GC LLC and The City of New York are entitled to full indemnity from, and for judgment over and against, co-defendants and/or third-party defendants for all of any verdict or judgment entered against 606 West 57 LLC, TFC West 57 GC LLC and The City of New York, together with attorneys fees and expenses incurred by 606 West 57 LLC, TFC West 57 GC LLC and The City of New York. AS AND FOR A SECOND CROSS-CLAIM BY 606 WEST 57 LLC, TFC WEST 57 GC LLC AND THE CITY OF NEW YORK AS AGAINST THIRD-PARTY DEFENANT MECC CONTRACTING, INC.: 1. 606 West 57 LLC, TFC West 57 GC LLC and The City of New York repeat and reiterate each and every allegation and denial hereinbefore made with the same force and effect as if they were set forth at length herein. 2. That in the event plaintiffs sustained the injuries and damages complained of, such injuries were caused in whole or in part by reason of the negligence, carelessness, recklessness, breach of contract, and violations of law of co-defendants and/or third-party defendants, without any wrongdoing on the part of 606 West 57 LLC, TFC West 57 GC LLC and The City of New York contributing thereto. 3. That in the event any judgment or verdict is recovered against 606 West 57 LLC, TFC West 57 GC LLC and The City of New York, they are entitled to contribution from and to judgment over and against co-defendants and/or third-party 2 of 7
defendants equal to the proportionate share of responsibility as is adjudged among all of the defendants/third-party defendants herein. AS AND FOR A THIRD CROSS-CLAIM BY 606 WEST 57 LLC, TFC WEST 57 GC LLC AND THE CITY OF NEW YORK AS AGAINST THIRD-PARTY DEFENANT MECC CONTRACTING, INC.: 1. 606 West 57 LLC, TFC West 57 GC LLC and The City of New York repeat and reiterate each and every allegation and denial hereinbefore made with the same force and effect as if they were set forth at length herein. 2. That 606 West 57 LLC, TFC West 57 GC LLC and The City of New York entered into a lease and/or contractual agreement(s) with co-defendants and/or thirdparty defendants. 3. That 606 West 57 LLC, TFC West 57 GC LLC and The City of New York complied with all of their obligations pursuant to the lease and/or contractual agreement(s). 4. That the lease and/or contractual agreement(s) obligated co-defendants and/or third-party defendants to defend, indemnify and hold harmless 606 West 57 LLC, TFC West 57 GC LLC and The City of New York herein, and further obligated codefendants and/or third-party defendants to reimburse 606 West 57 LLC, TFC West 57 GC LLC and The City of New York for all attorneys fees, costs and disbursements incurred in the defense of this matter. 5. That in the event plaintiffs sustained the injuries and/or damages complained of, such injuries and/or damages were caused in whole or in part by reason of the negligence, careless, recklessness, breach of contract, and/or violations of law of 3 of 7
co-defendants and/or third-party defendants, without any wrongdoing on the part of 606 West 57 LLC, TFC West 57 GC LLC and The City of New York contributing thereto. 6. By reason of the foregoing, 606 West 57 LLC, TFC West 57 GC LLC and The City of New York are entitled to full defense and indemnity from, and judgment over, co-defendants and/or third-party defendants, along with all attorneys fees, costs and disbursements incurred in the defense of this matter. AS AND FOR A FOURTH CROSS-CLAIM BY 606 WEST 57 LLC, TFC WEST 57 GC LLC AND THE CITY OF NEW YORK AS AGAINST THIRD-PARTY DEFENANT MECC CONTRACTING, INC.: 1. 606 West 57 LLC, TFC West 57 GC LLC and The City of New York repeat and reiterate each and every allegation and denial hereinbefore made with the same force and effect as if they were set forth at length herein. 2. That 606 West 57 LLC, TFC West 57 GC LLC and The City of New York entered into a lease and/or contractual agreement(s) with co-defendants and/or thirdparty defendants that governed the situation alleged in plaintiffs Verified Complaint. 3. That 606 West 57 LLC, TFC West 57 GC LLC and The City of New York complied with all of their obligations pursuant to the lease and/or contractual agreement(s). 4. That the lease and/or contractual agreement(s) obligated co-defendants and/or third-party defendants to procure insurance on 606 West 57 LLC, TFC West 57 GC LLC and The City of New York s behalf. 5. That in the event plaintiffs sustained the injuries and/or damages complained of, such injuries and/or damages were caused in whole or in part by reason of the negligence, carelessness, recklessness, breach of contract, and/or violations of 4 of 7
law of co-defendants and/or third-party defendants, without any wrongdoing on the part of 606 West 57 LLC, TFC West 57 GC LLC and The City of New York contributing thereto. 6. By reason of the foregoing, co-defendants and/or third-party defendants and/or their insurance carriers are contractually obligated to defend and indemnify 606 West 57 LLC, TFC West 57 GC LLC and The City of New York herein. WHEREFORE, defendants 606 West 57 LLC, TFC West 57 GC LLC and The City of New York demand judgment dismissing plaintiffs Verified Complaint, crossclaims and/or counterclaims as against 606 West 57 LLC and TFC West 57 GC LLC, together with the attorneys' fees, costs and disbursements of this action, and as to the cross-claims alleged against co-defendants and/or third-party defendants, full indemnity and defense and/or contribution to the fullest extent permitted by law, along with attorneys fees, costs and disbursements of this action. Dated: New York, New York July 3, 2018 HAWORTH RO MAN 8 GERSTMAN, LLC Abigail R sman 45 Broad ay, 21st Floor New York, New York 10006 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 Attorneys for Defendants 606 West 57 LLC, TFC West 57 GC LLC and The City of New York TO: counsel of record via NYSCEF 5 5 of 7
CLIENT VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss.: (4 /2 f Î,, being duly sworn, deposes and says: I am the Corporate Secretary and Compliance Manager for defendants 606 West 57 LLC and TFC West 57 GC LLC. I have read the foregoing CROSS-CLAIMS AS TO THIRD-PARTY DEFENDANT MECC CONTRACTING, INC. and know the contents thereof. The same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: bjew York, New York JuajL 2#_, 2018 Sworn to before me on this a day of dll 2018 Notary Public ANA M. SANCHEZ-CASTRO Notary Public, State of flew York No. 018A6031259 Qualified in New York Coun Commission Expires 09/27/20 ~ 6 of 7
CLIENT VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) UI M ~ being duly sworn, deposes and says: I am a Senior Insurance Claims Specialist for defendant The City of New York. I have read the foregoing CROSS-CLAIMS AS TO THIRD-PARTY DEFENDANT MECC CONTRACTING, INC. and know the contents thereof. The same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, N w York Tm L, 2018 Sworn to before me on this i "Hi day of 2018 Notary Public ELI HILLIARD JACOBSON Notary Public, State of New York No. 01JA6320037 QuaHfled in New York County Commission Expires Feb. 23, 20 /'~ 7 of 7