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FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023
EXHIBIT 2
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NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff,
NOTICE PURSUANT
-against- TO CPLR § 3402
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
------------------------------------------------------------------------x
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC and SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
__________________----___-------_______________________-----------------Ç
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Second Third-Party Plaintiffs,
-against-
PREMIUM GRADE MILLWORK CORP.,
Second Third-Party Defendant.
__------___________________-------_______________-------------__________Ç
C O U N S E L:
PLEASE TAKE NOTICE that pursuant to CPLR §1007, PREMIUM GRADE
MILLWORK CORP. has been impleaded into the above action as a Second Third-Party
Defendant, and the caption thereby has been changed to read as set forth above. The Note of Issue
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has not been filed in this action.
Dated: October 31, 2023
Fanningdale, New York
By: Timothy J. Dunn I
REBORE, THORPE SARELLO, P.C.
Attorneys for Defenda ts, Third-Party Plaintiffs/
Second Pla ns iffs
Third-Party
SMITELL LLC, SMIT L L B-1 LLC and
EXTELL DEVELOPM ]IT COMPANY
500 Bi-County Boulevard, Suite 102
Farmingdale, NY 11735
(631) 249-6600
To: PREMIUM GRADE MILLWORK CORP.
2901 - 3rdFlOOr
Broadway
New York, NY 10023
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Third-Party Defendant
SUNSHINE MF II LLC
100 Manhattanville Road, Suite 4E20
Purchase, NY 10577
(914) 231-8075
File # 712-24998
SILVERLINING INTERIORS INC.
3d
2091 Broadway, Floor
New York, NY 10023
KRENTSEL GUZMAN HERBERT, LLP
Attorneys for Plaintiff
JAMES GEOFFREY
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
Courtesy Copy to:
RBL Associates, Inc.
205 Lexington Avenue
New York, NY 10016
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, SECOND
THIRD-PARTY
-against- SUMMONS
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
__.--_______---_______________-__--___.---------------------__----------Ç
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC and SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
__.--..__________.._______-----------------------------------------_____Ç
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Second Third-Party Plaintiffs,
-against-
PREMIUM GRADE MILLWORK CORP.,
Second Third-Party Defendant.
___----__--------____________---___------_________----------------------Ç
TO THE ABOVE-NAMED SECOND THIRD-PARTY DEFENDANT:
You are hereby summoned to answer the Complaint of the Second Third-Party Plaintiffs
and the Complaint of the Plaintiff, copies of which are hereby served upon you, and to serve copies
of your Answer upon the undersigned attorneys for the Second Third-Party Plaintiffs; and upon
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KRENTSEL GUZMAN HERBERT LLP, Attorneys for Plaintiff, at their offices located at 17
Battery Place, Suite 604, New York, New York 10004, and upon MILBER MAKRIS
PLOUSADIS & SEDEN, LLP, Attorneys for Third-Party Defendant, at their offices located at
I00 Manhattanville Road, Suite 4E20, Purchase, NY 10577, within twenty (20) days after personal
service of the Second Third-Party Summons and Second Third-Party Complaint, exclusive of the
date of service, or within thirty (30) days if service is made upon you in some manner other than
personal service within the State of New York.
In case of your failure to answer the Second Complaint of the Second Third-
Third-Party
Party Plaintiffs, judgment will be taken against you by default for the relief demanded in the Third-
Party Complaint.
Dated: October 31, 2023
Farmingdale, New York
By: Timothy J. Dunn, I
REBORE, THORPE & IhARELLO, P.C.
Attorneys for Defendant 'hird-Party Plaintiffs/
Second Third-Party Plai ffs
SMITELL LLC, SMITE B-1 LLC and
EXTELL DEVELOPME T COMPANY
500 Bi-County Boulevar , Suite 102
Farmingdale, NY 11735
(631) 249-6600
To: PREMIUM GRADE MILLWORK CORP.
2901 - 3"i Floor
Broadway
New York, NY 10023
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Third-Party Defendant
SUNSHINE MF II LLC
100 Manhattanville Road, Suite 4E20
Purchase, NY 10577
(914) 231-8075
File # 712-24998
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SILVERLINING INTERIORS INC.
3"f
2091 Broadway, Floor
New York, NY 10023
KRENTSEL GUZMAN HERBERT, LLP
Attorneys for Plaintiff
JAMES GEOFFREY
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
Courtesy Copy to:
RBL Associates, Inc.
205 Lexington Avenue
New York, NY 10016
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: KINGS COUNTY CLERK 11/01/2023 10: 44 Ab$
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, SECOND
THIRD-PARTY
-against- COMPLAINT
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
_______________________---__-------------------_________________________Ç
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC and SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
___----------____--_____________________-------------------_____________Ç
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Second Third-Party Plaintiffs,
-against-
PREMIUM GRADE MILLWORK CORP.,
Second Third-Party Defendant.
________--_______________________________________________________-______Ç
Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, SMITELL LLC,
SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, by their attorneys, REBORE,
THORPE & PISARELLO, P.C., as and for a Second Third-Party Complaint against the above
named Second Third-Party Defendant, PREMIUM GRADE MILLWORK CORP., allege upon
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information and belief:
JURISDICTION AND PARTIES
1. At all times hereinafter mentioned, Defendant/Third-Party Plaintiff, SMITELL
LLC (hereinafter referred to as "SMITELL") is a limited liability company authorized to conduct
business in the State of New York with a principal place of business at 805 Third Avenue, New
York, New York.
2. At all times hereinafter SMITELL B-
mentioned, Defendant/Third-Party Plaintiff,
1 LLC (hereinafter referred to as "B-1") is a limited liability company authorized to conduct
business in the State of New York with a principal place of business at 805 Third Avenue, New
York, New York.
3. At all times hereinafter mentioned, Defendant/Third-Party Plaintiff, EXTELL
DEVELOPMENT COMPANY (hereinafter referred to as "EXTELL") is a corporation authorized
to conduct business in the State of New York with a principal place of business at 805 Third
Avenue, New York, New York.
4. At all times hereinafter mentioned, the Third-Party Defendant, SUNSHINE MF II
LLC (hereinafter, referred to as "SUNSHINE") is a Delaware limited liability company authorized
to do business and doing business in the State of New York and maintaining a place of business at
125
767 Fifth Avenue, Floor, New York, New York.
5. At all times hereinafter mentioned, the Third-Party Defendant, SILVERLINING
INTERIORS INC. (hereinafter referred to as "SILVERLINING") is a New York corporation
authorized to do business and doing business in the State of New York and maintaining a place of
3d
business at 2091 Broadway, Floor, New York, New York.
6. At all times hereinafter mentioned, the Third-Party Defendant, SUNSHINE is a
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foreign limited liability company that contracted to enter upon property and perfonn work in the
City, County and State of New York, and is therefore subject to the jurisdiction and laws of the
State of New York.
7. At all times hereinaRer mentioned, the Third-Party Defendant, SUNSHINE, is a
foreign business entity that provided goods and/or services in the City, County and State of New
York, and is therefore subject to the jurisdiction and laws of the State of New York.
8. At all times hereinaRer mentioned, the Third-Party Defendant, SILVERLINING,
is a New York corporation that perfonned construction services in the City, County and State of
New York, and is therefore subject to the jurisdiction and laws of the State of New York.
9. At all times hereinaRer mentioned, the Third-Party Defendant, SILVERLINING,
is a New York corporation that provided goods and/or services in the City, County and State of
New York, and is therefore subject to the jurisdiction and laws of the State of New York.
10. At all times hereinafter mentioned, the Second Third-Party Defendant, PREMlUM
GRADE MILLWORK CORP., (hereinaRer referred to as "PREMIUM") is a New York
corporation authorized to do business and doing business in the State of New York and maintaining
3d
a place of business at 2091 Broadway, Floor, New York, New York.
11. At all times hereinaRer mentioned, the Second Third-Party Defendant, PREMIUM,
is a New York corporation that perfonned construction services in the City, County and State of
New York, and is therefore subject to the jurisdiction and laws of the State of New York.
12. At all times hereinaRer mentioned, the Second Third-Party Defendant, PREMIUM,
is a New York corporation that provided goods and/or services in the City, County and State of
New York, and is therefore subject to the jurisdiction and laws of the State of New York.
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UNDERLYING ACTION AND THIRD-PARTY ACTION
13. That the Plaintiff, JAMES GEOFFREY, commenced an action for damages against
Defendants, SMITELL, B-1 AND EXTELL by the filing of a Summons and Complaint on or about
March 16, 2023 a copy of which is annexed hereto and made a part hereof.
14. That the Defendants, SMITELL, B-1 and EXTELL, appeared in this action by the
filing and service of a Verified Answer on or about May 4, 2023, a copy of which is annexed
hereto and made a part hereof.
15. That the Defendants, SMITELL, B-1 and EXTELL, commenced a Third-Party
Action against SILVERLINING and SUNSHINE seeking contractual indemnity, common law
indemnity, contribution, insurance coverage and contribution and common law indemnity for any
established grave injury, by the filing of a Third-Party Summons and Complaint on or about May
5, 2023, a copy of which is annexed hereto and made a part hereof.
16. That this action arises in connection with an alleged construction site accident
involving Plaintiff, JAMES GEOFFREY, on January 30, 2023 at premises located at 217 West
57*
Street, Unit 118, New York, New York (hereinafter, referred to as "the premises"), for which
Plaintiff claims to have sustained personal injuries and associated damages.
LICENSE AGREEMENT BETWEEN SMITELL AND SUNSHINE
Agreement"
17. That Third-Party Defendant, SUNSHINE, entered into a "License on
March 4, 2020 with defendant SMITELL LLC c/o EXTELL DEVELOPMENT COMPANY,
wherein SUNSHINE contracted as a Licensee for permission to enter upon the premises owned
by SMITELL and performance certain construction work at the premises.
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18. That the License Agreement and its exhibits contained, among other things,
indemnity provisions requiring SUNSHINE, as Licensee, to indemnify SMITELL, B-1 and
EXTELL, as Licensors.
19. That the License Agreement provided that "(t)his agreement shall be binding upon
and inure to the benefit of and be enforceable by the respective successors and assigns of the parties
hereto."
20. That this License Agreement between SUNSHINE and SMITELL also contained,
among other things, provisions concerning insurance requirements which required SUNSHINE,
as Licensee, to procure commercial general liability and commercial excess/umbrella insurance
for the benefit of the Licensors, including SMITELL, EXTELL AND B-1 as additional insureds
on a primary and non-contributory basis.
CONSTRUCTION AGREEMENT BETWEEN SUNSHINE AND
SILVERLINING
2 L That in connection with the work to be performed pursuant to the License
"Owner,"
Agreement, Third-Party Defendant, SUNSHINE, as contracted with Third-Party
"Contractor."
Defendant, SILVERLINING, as for the performance of certain construction work
at the premises in an AIA Standard Form of Agreement Between Owner and Contractor dated
March 13, 2020 (hereinafter referred to as the "AIA Agreement").
22. The AIA Agreement between SUNSHINE and SILVERLINING referenced the
License Agreement between SUNSHINE and SMITELL, and contains indemnity provisions
requiring SILVERLINING to indemnify SMITELL, B-1 AND EXTELL.
23. That this AIA Agreement between SUNSHINE and SILVERLINING also
Bonds,"
contained, at Exhibit A - "Insurance and among other things, provisions concerning
"Contractor,"
insurance requirements which required SILVERLINING, as to procure commercial
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general liability and commercial excess/umbrella insurance for the benefit those parties required
to be named pursuant to the License which included EXTELL AND B-
Agreement, SMITELL,
1, as additional insureds on a primary and non-contributory basis.
SUBCONTRACT AGREEMENT BETWEEN SILVERLINING AND PREMIUM
24. That in connection with the work to be performed pursuant to the AIA Agreement
dated March 13, 2020 between SUNSHINE AND SILVERLING, a Subcontract was entered into
between SILVERLINING and PREMIUM DATED June 25, 2020, for the performance of certain
construction work at the premises including carpentry and site protections and maintenance.
25. That the Subcontract between SILVERLING and PREMIUM contained, among
other things, indemnity provisions requiring PREMIUM to indemnify SILVERLING, and to
indemnify SMITELL, EXTELL AND B-1, as follows:
Subcontractor agrees, to the fullest extent permitted by law, to indemmfy,
Preview
FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 EXHIBIT 2 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10: 4 4 AM| NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, NOTICE PURSUANT -against- TO CPLR § 3402 SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ------------------------------------------------------------------------x SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC and SILVERLINING INTERIORS, INC., Third-Party Defendants. __________________----___-------_______________________-----------------Ç SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Second Third-Party Plaintiffs, -against- PREMIUM GRADE MILLWORK CORP., Second Third-Party Defendant. __------___________________-------_______________-------------__________Ç C O U N S E L: PLEASE TAKE NOTICE that pursuant to CPLR §1007, PREMIUM GRADE MILLWORK CORP. has been impleaded into the above action as a Second Third-Party Defendant, and the caption thereby has been changed to read as set forth above. The Note of Issue 1 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10: 4 4 A$ NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 has not been filed in this action. Dated: October 31, 2023 Fanningdale, New York By: Timothy J. Dunn I REBORE, THORPE SARELLO, P.C. Attorneys for Defenda ts, Third-Party Plaintiffs/ Second Pla ns iffs Third-Party SMITELL LLC, SMIT L L B-1 LLC and EXTELL DEVELOPM ]IT COMPANY 500 Bi-County Boulevard, Suite 102 Farmingdale, NY 11735 (631) 249-6600 To: PREMIUM GRADE MILLWORK CORP. 2901 - 3rdFlOOr Broadway New York, NY 10023 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Third-Party Defendant SUNSHINE MF II LLC 100 Manhattanville Road, Suite 4E20 Purchase, NY 10577 (914) 231-8075 File # 712-24998 SILVERLINING INTERIORS INC. 3d 2091 Broadway, Floor New York, NY 10023 KRENTSEL GUZMAN HERBERT, LLP Attorneys for Plaintiff JAMES GEOFFREY 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 Courtesy Copy to: RBL Associates, Inc. 205 Lexington Avenue New York, NY 10016 2 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10: 4 4 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, SECOND THIRD-PARTY -against- SUMMONS SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. __.--_______---_______________-__--___.---------------------__----------Ç SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC and SILVERLINING INTERIORS, INC., Third-Party Defendants. __.--..__________.._______-----------------------------------------_____Ç SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Second Third-Party Plaintiffs, -against- PREMIUM GRADE MILLWORK CORP., Second Third-Party Defendant. ___----__--------____________---___------_________----------------------Ç TO THE ABOVE-NAMED SECOND THIRD-PARTY DEFENDANT: You are hereby summoned to answer the Complaint of the Second Third-Party Plaintiffs and the Complaint of the Plaintiff, copies of which are hereby served upon you, and to serve copies of your Answer upon the undersigned attorneys for the Second Third-Party Plaintiffs; and upon 3 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10:44 Ali NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 KRENTSEL GUZMAN HERBERT LLP, Attorneys for Plaintiff, at their offices located at 17 Battery Place, Suite 604, New York, New York 10004, and upon MILBER MAKRIS PLOUSADIS & SEDEN, LLP, Attorneys for Third-Party Defendant, at their offices located at I00 Manhattanville Road, Suite 4E20, Purchase, NY 10577, within twenty (20) days after personal service of the Second Third-Party Summons and Second Third-Party Complaint, exclusive of the date of service, or within thirty (30) days if service is made upon you in some manner other than personal service within the State of New York. In case of your failure to answer the Second Complaint of the Second Third- Third-Party Party Plaintiffs, judgment will be taken against you by default for the relief demanded in the Third- Party Complaint. Dated: October 31, 2023 Farmingdale, New York By: Timothy J. Dunn, I REBORE, THORPE & IhARELLO, P.C. Attorneys for Defendant 'hird-Party Plaintiffs/ Second Third-Party Plai ffs SMITELL LLC, SMITE B-1 LLC and EXTELL DEVELOPME T COMPANY 500 Bi-County Boulevar , Suite 102 Farmingdale, NY 11735 (631) 249-6600 To: PREMIUM GRADE MILLWORK CORP. 2901 - 3"i Floor Broadway New York, NY 10023 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Third-Party Defendant SUNSHINE MF II LLC 100 Manhattanville Road, Suite 4E20 Purchase, NY 10577 (914) 231-8075 File # 712-24998 4 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10:44 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 SILVERLINING INTERIORS INC. 3"f 2091 Broadway, Floor New York, NY 10023 KRENTSEL GUZMAN HERBERT, LLP Attorneys for Plaintiff JAMES GEOFFREY 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 Courtesy Copy to: RBL Associates, Inc. 205 Lexington Avenue New York, NY 10016 5 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 FILED INDEX NO. 50817 4 /2023 : KINGS COUNTY CLERK 11/01/2023 10: 44 Ab$ NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, SECOND THIRD-PARTY -against- COMPLAINT SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. _______________________---__-------------------_________________________Ç SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC and SILVERLINING INTERIORS, INC., Third-Party Defendants. ___----------____--_____________________-------------------_____________Ç SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Second Third-Party Plaintiffs, -against- PREMIUM GRADE MILLWORK CORP., Second Third-Party Defendant. ________--_______________________________________________________-______Ç Defendants/Third-Party Plaintiffs/Second Third-Party Plaintiffs, SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, by their attorneys, REBORE, THORPE & PISARELLO, P.C., as and for a Second Third-Party Complaint against the above named Second Third-Party Defendant, PREMIUM GRADE MILLWORK CORP., allege upon 6 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 FILED : KINGS COUNTY CLERK 11/01/2023 10 : 4 4 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 information and belief: JURISDICTION AND PARTIES 1. At all times hereinafter mentioned, Defendant/Third-Party Plaintiff, SMITELL LLC (hereinafter referred to as "SMITELL") is a limited liability company authorized to conduct business in the State of New York with a principal place of business at 805 Third Avenue, New York, New York. 2. At all times hereinafter SMITELL B- mentioned, Defendant/Third-Party Plaintiff, 1 LLC (hereinafter referred to as "B-1") is a limited liability company authorized to conduct business in the State of New York with a principal place of business at 805 Third Avenue, New York, New York. 3. At all times hereinafter mentioned, Defendant/Third-Party Plaintiff, EXTELL DEVELOPMENT COMPANY (hereinafter referred to as "EXTELL") is a corporation authorized to conduct business in the State of New York with a principal place of business at 805 Third Avenue, New York, New York. 4. At all times hereinafter mentioned, the Third-Party Defendant, SUNSHINE MF II LLC (hereinafter, referred to as "SUNSHINE") is a Delaware limited liability company authorized to do business and doing business in the State of New York and maintaining a place of business at 125 767 Fifth Avenue, Floor, New York, New York. 5. At all times hereinafter mentioned, the Third-Party Defendant, SILVERLINING INTERIORS INC. (hereinafter referred to as "SILVERLINING") is a New York corporation authorized to do business and doing business in the State of New York and maintaining a place of 3d business at 2091 Broadway, Floor, New York, New York. 6. At all times hereinafter mentioned, the Third-Party Defendant, SUNSHINE is a 7 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 FILED KINGS COUNTY CLERK INDEX NO. 508174/2023 : 11/01/2023 10: 44 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 foreign limited liability company that contracted to enter upon property and perfonn work in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 7. At all times hereinaRer mentioned, the Third-Party Defendant, SUNSHINE, is a foreign business entity that provided goods and/or services in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 8. At all times hereinaRer mentioned, the Third-Party Defendant, SILVERLINING, is a New York corporation that perfonned construction services in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 9. At all times hereinaRer mentioned, the Third-Party Defendant, SILVERLINING, is a New York corporation that provided goods and/or services in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 10. At all times hereinafter mentioned, the Second Third-Party Defendant, PREMlUM GRADE MILLWORK CORP., (hereinaRer referred to as "PREMIUM") is a New York corporation authorized to do business and doing business in the State of New York and maintaining 3d a place of business at 2091 Broadway, Floor, New York, New York. 11. At all times hereinaRer mentioned, the Second Third-Party Defendant, PREMIUM, is a New York corporation that perfonned construction services in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 12. At all times hereinaRer mentioned, the Second Third-Party Defendant, PREMIUM, is a New York corporation that provided goods and/or services in the City, County and State of New York, and is therefore subject to the jurisdiction and laws of the State of New York. 8 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 50817 4 /2023 FILED : KINGS COUNTY CLERK 11/01/2023 10: 4 4 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 UNDERLYING ACTION AND THIRD-PARTY ACTION 13. That the Plaintiff, JAMES GEOFFREY, commenced an action for damages against Defendants, SMITELL, B-1 AND EXTELL by the filing of a Summons and Complaint on or about March 16, 2023 a copy of which is annexed hereto and made a part hereof. 14. That the Defendants, SMITELL, B-1 and EXTELL, appeared in this action by the filing and service of a Verified Answer on or about May 4, 2023, a copy of which is annexed hereto and made a part hereof. 15. That the Defendants, SMITELL, B-1 and EXTELL, commenced a Third-Party Action against SILVERLINING and SUNSHINE seeking contractual indemnity, common law indemnity, contribution, insurance coverage and contribution and common law indemnity for any established grave injury, by the filing of a Third-Party Summons and Complaint on or about May 5, 2023, a copy of which is annexed hereto and made a part hereof. 16. That this action arises in connection with an alleged construction site accident involving Plaintiff, JAMES GEOFFREY, on January 30, 2023 at premises located at 217 West 57* Street, Unit 118, New York, New York (hereinafter, referred to as "the premises"), for which Plaintiff claims to have sustained personal injuries and associated damages. LICENSE AGREEMENT BETWEEN SMITELL AND SUNSHINE Agreement" 17. That Third-Party Defendant, SUNSHINE, entered into a "License on March 4, 2020 with defendant SMITELL LLC c/o EXTELL DEVELOPMENT COMPANY, wherein SUNSHINE contracted as a Licensee for permission to enter upon the premises owned by SMITELL and performance certain construction work at the premises. 9 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 EŠLED DOC. NYSCEF KINGS NO. 79 COUNTY CLERK INDEX NYSCEF: RECEIVED NO. 508174/2023 11/07/2023 : 11/01/2023 10: 4 4 Alv4 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 18. That the License Agreement and its exhibits contained, among other things, indemnity provisions requiring SUNSHINE, as Licensee, to indemnify SMITELL, B-1 and EXTELL, as Licensors. 19. That the License Agreement provided that "(t)his agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto." 20. That this License Agreement between SUNSHINE and SMITELL also contained, among other things, provisions concerning insurance requirements which required SUNSHINE, as Licensee, to procure commercial general liability and commercial excess/umbrella insurance for the benefit of the Licensors, including SMITELL, EXTELL AND B-1 as additional insureds on a primary and non-contributory basis. CONSTRUCTION AGREEMENT BETWEEN SUNSHINE AND SILVERLINING 2 L That in connection with the work to be performed pursuant to the License "Owner," Agreement, Third-Party Defendant, SUNSHINE, as contracted with Third-Party "Contractor." Defendant, SILVERLINING, as for the performance of certain construction work at the premises in an AIA Standard Form of Agreement Between Owner and Contractor dated March 13, 2020 (hereinafter referred to as the "AIA Agreement"). 22. The AIA Agreement between SUNSHINE and SILVERLINING referenced the License Agreement between SUNSHINE and SMITELL, and contains indemnity provisions requiring SILVERLINING to indemnify SMITELL, B-1 AND EXTELL. 23. That this AIA Agreement between SUNSHINE and SILVERLINING also Bonds," contained, at Exhibit A - "Insurance and among other things, provisions concerning "Contractor," insurance requirements which required SILVERLINING, as to procure commercial 10 of 19 FILED: KINGS COUNTY CLERK 11/07/2023 03:24 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 11/07/2023 INDEX NO. 508174/2023 II'ILED : KINGS COUNTY CLERK 11/01/2023 10: 4 4 AM NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 11/01/2023 general liability and commercial excess/umbrella insurance for the benefit those parties required to be named pursuant to the License which included EXTELL AND B- Agreement, SMITELL, 1, as additional insureds on a primary and non-contributory basis. SUBCONTRACT AGREEMENT BETWEEN SILVERLINING AND PREMIUM 24. That in connection with the work to be performed pursuant to the AIA Agreement dated March 13, 2020 between SUNSHINE AND SILVERLING, a Subcontract was entered into between SILVERLINING and PREMIUM DATED June 25, 2020, for the performance of certain construction work at the premises including carpentry and site protections and maintenance. 25. That the Subcontract between SILVERLING and PREMIUM contained, among other things, indemnity provisions requiring PREMIUM to indemnify SILVERLING, and to indemnify SMITELL, EXTELL AND B-1, as follows: Subcontractor agrees, to the fullest extent permitted by law, to indemmfy,