EXHIBIT D - iapps.courts.state.ny.us

EXHIBIT "D"

FILED: QUEENS COUNTY CLERK 01/30/2019 04:16 PM INDEX NO. 710583/2016

NYSCEF DOC. NO. 169 RECEIVED NYSCEF: 01/30/2019

RECEIV S EF:NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF QUEENS

GILBERT CHUQUI, Index No.: 710583/2016

Plaintiff,NOTICE PURSUANT TOCPLR § 3402(b)

-against-

BANTA HOMES CORP., I034 OLYMPIA

BLVD., LLC, WESTRA INDUSTRIES,

LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC and GREEN BUILDING

DEPOT.

Defendants.

_______.._.._.--.....---------------------------------X

WESTRA TNDUSTRIES, LLC,

Second Third-Party Plaintiffs,

-against-

GREEN BUILDING DEPOT, LLC, and

G.A. PROPERTIES, INC.

Third-party defendants.

...._____........--.-..................._..-.........................-X

C O U N S E L O R S :

PLEASE TAKE NOTICE, that in the above-entitled actions pursuant to Rule §3402(b)

of the CPLR, defendant, WESTRA INDUSTRIES, LLC, has impleaded, GREEN BUILDING

DEPOT, LLC and G.A. PROPERTIES, INC. as third-party defeñdañts; that a copy of this

statement has been served upon all the attorneys appearing in this action as of this date,

Dated: Mineola, New York

March £, 2018

Yours, etc.

BARTLETT, LLP

By:

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.Iohn D. Goldnian, Esq.

Attorneys for Defendant/Second

Third-Party Plaintiff

WESTRA INDUSTRIES, LLCOffice and P.O. Address

170 Old Country Road

Mineola, New York 1I501

Tel.: (516) 877-2900

BMM File No.: 310-0348

TO: GREEN BUILDING DEPOT, LLC1901 Vestal Parkway E.

Suite 16

Vestal, New York, 13850

GREEN BUILDING DEPOT, LLC

74 Joline Road

Port Jefferson Station, NY 11776

G.A. PROPERTIES, INC.55-62 64"' Street

Maspeth, NY 11378

ROBERT A. CARDALI & ASSOCIATES, LLP

Auorneys for Plaintiff

39 Broadway,35d' Floor

New York, New York 10006

212-964-3855

MARSHALL DENNBHEY WARNERCOLEMAN & GOGOIN

Auorneys for Defendant

BANTA HOMES CORP,, THEBLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC

Wall 8treet Plaza

88 Pine Street,215t Floor


(212) 376-6400

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RECEIV F: 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

SUPREME COURT OF THE STATS OF NEW YORKCOUNTY OF QUEENS

------....---..___-..........----------------------..------XGILBERT CHUQUI, hidex No.: 710583/2016

Plaintiff,THIRD-PARTY

SUMMONS-against-

...

BANTA HOMES CORP., 1034 OLYMPIA

Bl.VD., LLC, WESTRA INDUSTRIES,LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC and OREEN BUILDING

DEPOT.

Defendants.___.,_________ _.------...------- ..,--..__-....------X

WESTRA INDUSTRIES, LLC,


-against-


G,A, PROPERTIES, INC.

Third-party defendants,----....-,......------_.-----_.----------------..----------X


TO THE ABOVE NAMED THIRD-PARTY DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the complaint of the third-party plaintiff

and of the plaintiff, copies of which are herewith served upon you together with all prior pleadings

and to serve copies of your answer on the undersigned atterwey for the third-party plaintiff, and

upon the attorney for plaintiff, within twenty (20) days after service of the above, exclusive of the

date of service or within thirty (30) days after service is complete if service is made by any method

other than personal delivery to you within the State of New York.

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{FTLED: QUERNR COTTNTY CTiMRK 06/97/2018 3 2 r 55 PM INDEX NO. 710583/2016

N PPLþ;Ç: SUE)$NS COUNTY Cl.aERK 03(06/2018 11:36 ARI RECEIVEÎ YSÊEF 6 0ÓÎ20Í8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

In the case of your failure to answer the complaint of the third-party plaintiff, judgment

will be taken against you on default for the relief sought in the third-party plaintiff's complaint,

Dated: Mineola, N0w York

Dated: Mineola, New YorkMarch d, 2018

Yours, etc.

BARTLETT, LLP

By:

John . Goldman, Esq.

Attorneys for Defendant/Third-PartyPlaintiff

WESTRA INDUSTRIES, LLC

Office and P.O. Address


Mineola, New York 11501

Tela (516) 877-2900

BMM File No,:310-0348

TO: GREEN BUlLDING DEPOT, LLC

1901 Vestal Parkway E,

Suite 16


GREEN BUILDING DEPOT, LLC

74 Joline Road

Port Jefferson Station, NY ( 1776

G.A. PROPERTIES, INC.

55-62 6401 Street

Maspeth, NY 11378

ROBERT A, CARDALI & ASSOCIATES, LLP

Attorneys for Plaintiff

39 Broadway,35"' Ploor


212-964-3855

MARSHALL DENNEHEY WARNERCOLEMAN & OOGGIN

Attorneys for Defendant

BANTA HOMES CORP., THEDLUESTONE ORGAN1ZATION, INC.,

BLUESTONE RRSL, LLC

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pagnasme essaMemeroleewmeamstateersAowEAdetE:mPEE•%Wd5( INDEX NO. 710583/2016

NY 5:55435m•JUMMENEE•L•MQUWEsmatusymsymmput:NUW1WaM RECEIVE YSC F: O O 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

Wall Street Plaza

88 Pine Street, 2 l" Floor


(212) 376-6400

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. . INDEX NO. 710583/2016

NYS : : AM RECEIV ÊÒÉ8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF QUEENS

----------------··-------------------·--------------------XGlLBERT CHUQUI, Index No,: 710583/2016

Plaintiff,THIRD-PARTYCOMPLAINT

-against-

BANTA HOMES CORP., 1034 OLYMPIABLV D., LLC, WESTRA INDUSTRIES,LLC, THE BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSl, LLC and GREEN BUILDINGDEPOT. ,

Defendants.

.......----..______---.....---..--··-----------------------X

WESTRA INDUSTRIES, LLC,


-against-


G.A. PROPERTIES, INC,

Third-party defendants.---.....__... ¬-...______________-....----------X


Defcñdüñt/second third -pety plaintiff, WESTRA INDUSTRIES, LLC ("WESTRA"), by

their attorneys, BARTLETT, LLP, as an for a third-party complaint against third-party defendants,

GREEN BUILDING DEPOT, LLC, (hereitmRer "GREEN"), and G.A. PROPERTIES, INC.

("G A") respectfully alleges upon information and belief:

l. That the third-party defendant, GREEN, is a domestic business corporation.

2. That third-party defendant, GREEN, is a dornestic business corporation doing business in

the State of New York.

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95W¶Uf5m•18JD93f†M•L•l8NW •HtD9tfM•EGFgeUEF4tygNN‡IEVEUNM agcgy sNCEF: 0ŸÎ 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

3. That third-party defeiidant, GREEN, is subject to the jurisdiction of the Courts of the State

of New York, pursuant to CPLR §§301, 302 and case law.

4. That the third-party defendant, GA, is a domestic business corporation.

5. That third-party defendant, GA, is a domestic business corporation doing business in the

State of New York.

6. That third-party defendant, GA, is subject to the jurisdiction of the Courts of the State of

New York, pursuant to CPLR §§301, 302 and case law.

7, The plaintiff commenced this action by filing a summons and complaint on or about

September 2, 2016. Exhibit "A" attached hereto, Thereafter, defendant BANTA HOMES

CORP. interposed its answer to the summons and complaint on or about October 28, 2016.

Exhibit "B" attached hereto.

8. Thereafter, pursuant to an Order dated July 27, 2017 (attached hereto as Exhibit "C"),

·plaintiff filed a supplemental summons and amended complaint on August 7, 2017, naming

WESTRA INDUSTRIES, LLC, THE BLUESTONE ORGANIZATION, INC.. AND

BLUESTONE RRSI, LLC, as additional defendants. Attached hereto as Exhibit "D" is

plaintifPs supplemental summons and amended complaint.

9. On August 7, 2017, plaintiff filed a second motion for leave to supplement the summons

and amend the complaint to add Green Building Depot, LLC. Attached hereto as Exhibit

"E" is plaintiff's Notice of Motion and supporting affirmation.

10, On September 28, 2017, Westra interposed its answer to plaintifPs supplemental summons

and amended complaint, Attached hereto as Exhibit "F",

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F T LED r GTTERNA COTTNTY CLERK 06 / Q7 /2 018 12 : 55 PM INDEX NO. 710583/2016

UE,bjb}8 COUNTY CLERK 0 3 / O 6 / 2 018 11: 3 6 Alt| agegrylE SŸE'F: OÍ8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

( 1. Thereafter, on December 21, 2017, the Court granted plaintiff's second motion to

supplement the summons and amend the complaint to name GREEN BlJiLDING DEPOT,

LLC as a defendant. Exhibit "G" attached hereto,

12. Thereafter on January 26, 2018, plaintiff filed his second supplemental summons and

amended complaint, naming GREEN BUlLDING DEPOT, LLC as a direct defendant.

Attached hereto as Exhibit "H".

13. Defendant WESTRA INDUSTRIES, LLC filed its answer to plaintiff's second

supplemental summons and amended cornplaint on February 12, 2018. Attached hereto as

Exhibit "I",

14, The principle action arises out ofan alleged incident, described more fully in the complaint,

in which the plaintiff was allegedly caused to sustain personal injuries as a result of an

accident on or about the date of August 23, 2016, while in the scope of his employment

with third-party defendant GA.

15. Upon information and belief, third-party defendant GA was retained by third-party

defendant GREEN pursuant to a sub-subcontract and/or agreeméüt.

I6. The principle action seeks money damages for the personal injuries as set forth, more

particularly in the plaintiff's complaint.

17. If the plaintiff was caused to sustain damages in the manner and at the time and place set

forth in the plaintiff s complaint through any careless, recklessness or negligence, other

than the curelesseess, or recklessness or negligence of the plaintiff or non-parties, then it

was caused solely by reason of the carelessness, recklessness, negligence, breach of duty,

breach of contract, and/or acts or omissions or commissions of the third-party defendant

and/or its agents, servants, cmployees and/or predecessors in interest; and if any judgment

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is recovered by the plaintiff against defendant/second third-party plaintiff, then third-party

plaintiff will be damaged thereby, and third-party defendants, GREEN, will be liable for

third-party plaintiff e.g. by way of contribution, common law indemnification, partial

indemnification, contractual indemnification and/or breach of contract for full extent of

any recovery by the plaintiff against third-party plaintiff, or alternatively for a portion

thereof, and forattorneys'

fees, costs, disbüi8ernents, and other damages.

FIRST CAUSE OF ACTION FOR COMMON LAW INDEMNIFICATION

18. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if

more fully set farth at length herein.

19. That plaintiff herein has alleged that he has sustained permanent personal injuries due to

defcndant's negligence, which is denied, but to the extent that plaintiff proves said claims,

third-party defendant GREEN wiH be liable to third-party plaintiff based on principals of

common law indemnification and contribution.

20. By reason of an the foregoing, the third-party defendärd GREEN is obligated to indemnify

the third-party plaintiff under common law principles in the event of and in the full amount

of any recovery by the plaintiff against third-party plaintiff, and to pay third-party

plaintiff'sattorneys'

fees, costs and disbursentents.

SECOND CAUSE OF ACTION FOR CONTRIBUTION

2L Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if

more fully set forth at length herein.

22. Pursuant to CPLR Article 14 and common law principles, if in the event the judgment is

recovered by plaintiff and in the event two or more persons have cüipability with respect

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to the plaintifPs claims, such person's equitable shares of the judgment are to be

determined in accordance with the relative culpability.

23, By reason ofthe forgoing, third-party defendant OREEN, is obligated to make contribution

to third-party plaintiff, to the extent third-party plaintiff is made to pay plaintiff any excess

over and above third-party plaintiff's equitable share, if any, and third-party defendant,

GREEN, is to payattorneys'

fees, costs and disbursements to third-party plaintiff.

THIRD CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION


more fully set forth at length herein,

25. Prior to the alleged accident described in the complaint, third-party defendant, GREEN,

executed a contractual agreement, by virtue of which third-party defendant agreed and

became obligated to defend third-party plaintiff, indemnify them and/or hold them

harmless with respect to, claims such as those asserted by the plaintiff herein. Paragraph

1 of the contract between WESTRA and GREEN, dated November 3, 2015, contains

certain indemnification obligations by OREEN in favor of WESTRA. A copy of the

contract is annexed hereto as Exhibit "J",

26. Paragraph 1 ontitled Indemnity, provides in relevant part as follows:

lademnity. In consideration of the Contract Agreement, and to the fullest

extent permitted by law, the subcontractor shall defend and shall indemnify,and hold harmless, at subcontractor's sole expense, the Owner and orGeneral Contractor of the property and the officers; directors; agents;

employees; successors and assigns of each of them from and against all

liability or claimed liability for both bodily injury or death to any person(s),and for any and all property damage, including all attorney fees,disbursements and related costs, arising out of or resulting fmm the Work

covered by this Contract Agreement to the extent such Work was performed

by or contracted through the"Contractor"

or by anyone for whose acts the"Contractor"

may be held liable.excluding only liability created by the sole

and exclusive negligence of the Indemnified Party, the Owner or the

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General Contractor. This indemnity agreement shall survive the completionof the Work specified in the Contractor Agreement.

27, This agreemeñt and/or obligation was in effect on the date of the alleged accident described

in the complaint and/or applies to the claims that the plaintiff asserted herein,

28. lf the plaintiff was injured for the reasons alleged in the complaint, then third-party

defendant, GREEN, is obligated under the terms of the aforesaid agreement to defend third-

party plaintiff, indemnify them and/or hold them harmless with respect to plaintifTs alleged

claims and damages.

29, To date, third-party defendant, OREEN, has not fulfitled this obligation, causing

continuing harm and expense to third-party plaintiff.

30, By reason of the foregoing, if plaintiff recovers a verdict or judgment against WESTRA,

then WESTRA will be damaged and entitled over and against GREEN for the entire

amount of any such verdict or judgment, together with all attorneys'fees, costs and

disbursement to the third-party plaintiff.

FOURTH CAUSE O F ACTION FOR BREACH OF CONTRACT

3 l. Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if


32. Prior to the alleged accident described in the complaint, third-party defendant, GREEN,

executed a contractual agreement, by virtue of which third-party defendant agreed to

procure and maintain liability insurance, naming third-party plaintiff as an additional

insured on a primary and noncontributory basis. Paragraph 2 of the contract between the

WESTRA and GREEN, dated November 3, 2015, contains the insurance obligations by

GREEN in favor of WESTRA. A copy of the contract is.annexed hereto as Exhibit "J",

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33. This agicement and/or obligation was in effect on the date of the alleged accident described

in the complaint and/or applies to the claims that the plaintiff asserted herein.

34. Upon information and belief, third-party defendant breached its ccütractual obligations to

procure and maintain liability insurance naming third-party plaintiff as an additional

insured on a primary and noncontributory basis.

35. By reason of the foregoing, if plaintiff recovêrs a verdict or judgment against WESTRA,

then WESTRA will be damaged and entitled over and against GREEN for the entire

amount of any such verdict or judgment, together with allattorneys'

fees, costs and

disbursement to the third-party plaintiff, based on GREEN's breach of the aforesaid

agreement.

FIFTH CAUSE OF ACTION FOR COMMON LAW INDEMNIFICATION

36. Third-party plaintiff repeats and reiterates cach and every allegation set forth above, as if


37. That plaintiff herein has alleged that he has sustained permanent personal injuries due to

defendant's negligence, which is denied, but to the extent that plaintiff proves said claims,

third-party defendant GA will be liable to third-party plaintiff based on principals of

common law indemnification and contribution.

38. Dy reason of all the foregoing, the third-party defendant GA is obligated to indemnify the

second third-party plaintiff under common law principles in the event of and in the full

amount of any recovery by the plaintiff against defendant/second third-party plaintiff, and

to pay defendant/second third-party plaintiff's attorneys'fees, costs and disbursements,

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SlXTH CAUSE OF ACTION FOR CONTRIBUTION

39.Third-party plaintiff repeats and reiterates cach and every allegation set forth above, as if


40. Pursuant to CPLR Article 14 and c0111111011law principles, if in the event the judgrnem is

recovered by plaintilT and in the event two or more persons have culpability with respect

to the plaintifPs claims, such person's equitable shares of the judgment are to be

determined in accordance with the relative culpability.

41. By reason of the forgoing, third-party defendant GA, is obligated to make contribution to

third-party plaintiff, to the extent third-party plaintiff is made to pay plaintiff any excess

over and above third-party plaintiff's equitable share, if any, and third-party defendant.

GA, is to payattomeys'

fees, costs and disbursements to second third-party plaintiff.

SEVENTH CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION

42, Third-party plaintiff repeats and reiterates each and every allegation set forth above, as if

more Ibily set forth at length herein.

43. Prior to the alleged ace!delit described in the complaint, and upon information and belief,

third-party defendant, GA, executed a contractual agreement, by virtue of which third-party

defendant agreed and became obligated to defend third-party plaintiff, indemnify them

and/or hold them harmless with respect to, claims such as those asserted by the plaintiff

herein.

44. Upon information and belief, this agreement and/or obligation was in effect on the date of

thealleged accident described in the complaint und/or appliestotheclaimsthattheplaintiff .

asserted herein.

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45. If the plaintiff was injured for the reasons alleged in the complaint, then third-party

defendant, GA, is obligated under the terms of the aforesaid agreement to defend third-

pmty plaintiff, indemnify them and/orhold them barmless with respect to plaintiff's alleged

claims and darnages.

46. To date, third-party defendant, GA, has not fulfilled this obligation, causing continuing

harm and expense to third-party plaintiff.

47. By reason of the foregoing, if plaintiff recovers a verdict or judgment against WESTRA,

then WESTRA will be damaged and entitled over and agahist GA for the entire amount of

any such verdict or judgment, together with all attorneys'fees, costs and disbürsem6üt to

the third-party plaintiff,

E1GHTH CAUSE OF ACTION FOR BREACH OF CONTRACT


more fully set forth at length herein.

49. Prior to the alleged accident described in the complaint, upon information and belief, third-

party defendant, GA, executed a contractual agreement, by virtue of which third-party

defendant agreed to procure and maintain liability insurance, naming third-party plaintiff

as an additional insured on a prírnary and noncontributory basis.

. 50. This agreemcat and/or obligation was in effect on the date of the alleged accident described

in the complaint and/or applies to the claims that the plaintiff asserted herein.

50 Upon information and belief, third-party defendant breached its contractuai obligations to

procure and maintain liability insurance naming second third-party plaintiff as an

additional insured on a primary and noncontributory basis.

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52, By reason of the foregoing, if plaintiff recovers a verdict or judgracnt against WESTRA,

then WESTRA will be damaged and entitled over and against GA for the entire amount of

any such verdict or judgment, together with all attorneys'fees, costs and disbursement to

the second third-party plaintiff, based on GA's breach of the aforesaid agreement,

WHEREFORE, defendant/second third-party plaintiff, WESTRA INDUSTRIES, LLC,

demiiisda judgment against third-party defendants, OREEN BUILDING DEPOT, LLC, and G.A.

PROPERTIES, INC. affording third-party plaintiff the relief claimed above, including but not

limited to judgment over and against third-party defendants, GREEN BUILDING DEPOT, LLC,

and G,A. PROPERTIES, INC. for any damage to third-party plaintiff has made to the plaintiff and

for attorneys'fees, costs and disbursements of third-party plaintiff.

PLEASE TAKE NOTICE, that pursuant to CPLR § 3402(b), the title of this action has

been changed, from the title of the plaintiff's complaint to the title of the third-party summmis and

third-party complaint herein.

Dated: Mineola, New York

March 6, 2018

Yours, etc.

BARTLETT, LLP

By:John . Goldman, Esq.

Attorneys for Defendant/8econd

Third-Party Plaintiff

WESTRA INDUSTRIRS, LLC

Office and P.O. Address


Mineola, New York 1 1501

TcL: (516) 877-2900

BMM File No,: 310-0348

TO: GREEN BUILDING DEPOT, LLC

1901 Vestal Parkway E.

Suite 16


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NY DIS COUNTY ULERK US{Ub/201U 11:36 AM RECEIVED NY F 8NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 03/06/2018

GREEN BUILDING DEPOT, LLC74 Joline Road

Port Jefferson Station, NY 11776

G.A. PROPERTIES, INC.55-62 6401 Street

Maspeth, NY 11378

ROBERT A. CARDALI&ASSOCIATES, LLP

Attorneys for Plaintiff

39 Broadway,35* Floor


212-964-3855

MARSHALLDENNEHEY WARNERCOLEMAN & GOGGIN

Attorneys for Defendant

BANTA HOMES CORP., THE

BLUESTONE ORGANIZATION, INC.,BLUESTONE RRSI, LLC

WallStreet Plaza

88 Pine Street,215' Floor


(212)376-6400

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NEW CASE CHECKLIST

Case Name: Tracey and David Phoebus v. 287 LES JV, LLC.

1. Client/Matter No.: 16467.00

2. Client: Network Adjusters

a. Carrier/Source:

b. Represented parties: 287 LES JV, LLC.

3. Conflict No.: 68037

a. Date Requested: 1/24/2019

4. Open Request No.:

a. Date requested: 1/25/2019

5. Stipulation to Extend Time to Answer Due 2/5/2019- Plaintiff will not grant extension

a. Date of Service (if available) (if no date of cert of mailing)i. Diary of 14 and 20 days from date of service

b. Contacted P/Sent/Received

i. If not status and date of last f/u

ii. If received, diary due date and 7 day reminder

6. Acknowledgement Letter Sent: 1/25/2019

a. Acknowledgement Letter to Claims: x

b. Represented Parties Includes

i. Litigation Hold on Records 1/30/19

ii. Meetingiii. Best contact info name: number: email:

iv. Site Inspection Records

7. File Notice of Appearance:

8. Pleadings (go together)a. Answer

i. Marked upii. Completed

iii. Served/Filed

b. Combined Demands/BP

i. Plaintiff

ii. Co-Defendants

iii. Served/Filed

9. Letter to plaintiff regarding stipulation of disc (SCA)



10. Draft Stipulation of Discontinuance

11. Business lookuphttps://www.dos.ny.qov/corps/bus entity search.html



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