Preview
FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
.........
---x
VINCENT CESTONE,
Index # 157127/19
Plaintiff(s),
-against- NOTICE FOR DISCOVERY
AND INSPECTION
SOHO AOA OWNER, LLC, OSS 2016 LLC
and HORIZON RETAIL CONSTRUCTION, INC.,
Defendant(s),
.....
X
SOSHO AOA OWNER, LLC, OSS 2016 LLC and
HORIZON RETAIL CONSTRUCTION, INC.,
Third-Party Plaintiff,
-against-
CERTIFIED DRYWALL, INC.,
Third-Party Defendants.
JAND, INC. d/b/a WARBY PARKER
Second Third-Party Plaintiff,
-against
CERTIFIED DRYWALL, INC,
Second Third-Party Defendant,
--- X
SOHO AOA OWNER, LLC, OSS 2016 LLC, JAND, INC.
d/b/a WARBY PARKER and HORIZON RETAIL
CONSTRUCTION, 1NC.,
Third Third-Party Plaintiff,
-against
3R PAINTING & CONTRACTING, INC.,
Third Third-Party Defendant.
--------------------- X
Page 1 of 2
1 of 3
FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021
Page 2 of 2
Cesone D&I v 3R Painting
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR3120 Third Third-Party Defendant
3R PAINTING & CONTRACTING CO. INC. is hereby required to produce and permit
discovery by Plaintiffs, or their attorney, or someone acting on their behalf, the following document
8th
and things for inspection at THE ORLOW FIRM, 71-18 Main Street, Flushing, NY on the
December, 2021 at 10:00 o'clock in the forenoon of that day:
1. The subcontract for painting work between 3R PAINTING & CONTRACTING
CO. INC. and Horizon for the Warby Parker job;
2. A copy of the estimate prepared by 3R PAINTING & CONTRACTING
CO. INC. for the drywall work 3R PAINTING & CONTRACTING CO. INC.
did for Horizon at Warby Parker.
Said inspection is to be made by means of photostatic copies of the documentation
requested being supplied as aforesaid.
Dated: Flushing, New York
November 8, 2021
THE ORI'OW FIRM
Attorneys for Plaintiff(s)
By Adam M. Orlow
71-18 Main Street
Flushing, New York 11367
TO: CARTAFALSA, TURPIN & LENOFF 718-544-4100
Attorneys for Defendant(s)
SOHO AOA OWNER, LLC, OSS 2016, LLC
JAND, INC. d/b/a WARBY PARKER and
HORIZON RETAIL CONSTRUCTION, INC.
Carolyn.comoarato@zurichna.com
ALAHVERDIAN VAN LEUVAN
Attorney(s) for Third party Defendant
CERTIFIED DRYWALL, INC.
Gerard@avesq.com
CORREIA, KING, FODERA, McGINNIS & LIFERIEDGE
3'd
Attorneys for 3rd-pty Def endant
3R PAINTING & CONTRACTING CO, INC.
doreen.correia@libertymutual.com
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FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021
Re: Vincent Cestone
AFFIDAVIT OF SERVICE BY MAIL.
STATE OF NEW YORK)
)ss:
COUNTY OF QUEENS )
JOHN PENAFIEL, being duly sworn, deposes and says, that deponent isnot party to the action,
is over 18 years of age and resides at Queens, New York.
That on November 8, 2021, deponent served the within NOTICE FOR DISCOVERY AND
INSPECTION upon the attorneys (and/or parties listed below) via NYSCEF:
TO:
CARTAFALSA, TURPIN & LENOFF
Attorneys for Defendant(s)
SOHO AOA OWNER, LLC, OSS 2016, LLC
JAND, INC. d/b/a WARBY PARKER and
HORIZON RETAIL CONSTRUCTION, INC.
Carolyn.comparato@zurichna.com
ALAHVERDIAN VAN LEUVAN
Attorney(s) for Third party Defendant
CERTIFIED DRYWALL, INC.
Gerard@avesq.com
Correia, King, Fodera, McGinnis & Liferiedge
3r·d 3'
Attorneys for -pty Def endant
3R Painting & Contracting Co, Inc.
doreen.correia@libertymutual.com
Sworn
8™
day
to
of
before me
November,
this
2021 JOHN
b PCyT)
PENAFIEL
b e
JUDITHHAHN
NOTARY PUBLIC Notary Public, State ofNew York
No. 101HA5033824
Qualifiedin Queens County
Expires Ÿ- / e
Commission
3 of 3
Preview
FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ......... ---x VINCENT CESTONE, Index # 157127/19 Plaintiff(s), -against- NOTICE FOR DISCOVERY AND INSPECTION SOHO AOA OWNER, LLC, OSS 2016 LLC and HORIZON RETAIL CONSTRUCTION, INC., Defendant(s), ..... X SOSHO AOA OWNER, LLC, OSS 2016 LLC and HORIZON RETAIL CONSTRUCTION, INC., Third-Party Plaintiff, -against- CERTIFIED DRYWALL, INC., Third-Party Defendants. JAND, INC. d/b/a WARBY PARKER Second Third-Party Plaintiff, -against CERTIFIED DRYWALL, INC, Second Third-Party Defendant, --- X SOHO AOA OWNER, LLC, OSS 2016 LLC, JAND, INC. d/b/a WARBY PARKER and HORIZON RETAIL CONSTRUCTION, 1NC., Third Third-Party Plaintiff, -against 3R PAINTING & CONTRACTING, INC., Third Third-Party Defendant. --------------------- X Page 1 of 2 1 of 3 FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021 Page 2 of 2 Cesone D&I v 3R Painting C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR3120 Third Third-Party Defendant 3R PAINTING & CONTRACTING CO. INC. is hereby required to produce and permit discovery by Plaintiffs, or their attorney, or someone acting on their behalf, the following document 8th and things for inspection at THE ORLOW FIRM, 71-18 Main Street, Flushing, NY on the December, 2021 at 10:00 o'clock in the forenoon of that day: 1. The subcontract for painting work between 3R PAINTING & CONTRACTING CO. INC. and Horizon for the Warby Parker job; 2. A copy of the estimate prepared by 3R PAINTING & CONTRACTING CO. INC. for the drywall work 3R PAINTING & CONTRACTING CO. INC. did for Horizon at Warby Parker. Said inspection is to be made by means of photostatic copies of the documentation requested being supplied as aforesaid. Dated: Flushing, New York November 8, 2021 THE ORI'OW FIRM Attorneys for Plaintiff(s) By Adam M. Orlow 71-18 Main Street Flushing, New York 11367 TO: CARTAFALSA, TURPIN & LENOFF 718-544-4100 Attorneys for Defendant(s) SOHO AOA OWNER, LLC, OSS 2016, LLC JAND, INC. d/b/a WARBY PARKER and HORIZON RETAIL CONSTRUCTION, INC. Carolyn.comoarato@zurichna.com ALAHVERDIAN VAN LEUVAN Attorney(s) for Third party Defendant CERTIFIED DRYWALL, INC. Gerard@avesq.com CORREIA, KING, FODERA, McGINNIS & LIFERIEDGE 3'd Attorneys for 3rd-pty Def endant 3R PAINTING & CONTRACTING CO, INC. doreen.correia@libertymutual.com 2 of 3 FILED: NEW YORK COUNTY CLERK 11/09/2021 10:31 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 11/09/2021 Re: Vincent Cestone AFFIDAVIT OF SERVICE BY MAIL. STATE OF NEW YORK) )ss: COUNTY OF QUEENS ) JOHN PENAFIEL, being duly sworn, deposes and says, that deponent isnot party to the action, is over 18 years of age and resides at Queens, New York. That on November 8, 2021, deponent served the within NOTICE FOR DISCOVERY AND INSPECTION upon the attorneys (and/or parties listed below) via NYSCEF: TO: CARTAFALSA, TURPIN & LENOFF Attorneys for Defendant(s) SOHO AOA OWNER, LLC, OSS 2016, LLC JAND, INC. d/b/a WARBY PARKER and HORIZON RETAIL CONSTRUCTION, INC. Carolyn.comparato@zurichna.com ALAHVERDIAN VAN LEUVAN Attorney(s) for Third party Defendant CERTIFIED DRYWALL, INC. Gerard@avesq.com Correia, King, Fodera, McGinnis & Liferiedge 3r·d 3' Attorneys for -pty Def endant 3R Painting & Contracting Co, Inc. doreen.correia@libertymutual.com Sworn 8™ day to of before me November, this 2021 JOHN b PCyT) PENAFIEL b e JUDITHHAHN NOTARY PUBLIC Notary Public, State ofNew York No. 101HA5033824 Qualifiedin Queens County Expires Ÿ- / e Commission 3 of 3