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INDEX NO. 151668/2014
FILED: NEW) YORK COUNTY CLERK 04/04/2014)
NYSCEF DOC. NOJ|/8 RECEIVED NYSCEF: 04/04/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
CI RR
CALLAHAN PIPING, LLC, on behalf of itself Index No. 151668/2014
and all other persons similarly situate as
trust fund beneficiaries of Lien Law Trusts
of which McGovern & Company, LLC is a
trustee, VERIFIED ANSWER TO
THIRD-PARTY COMPLAINT
Plaintiff,
-against-
MCGOVERN & COMPANY, LLC, DANIEL G.
MCGOVERN AND SALVATORE D. CAIOLA,
Defendants.
manene,
McGOVERN & COMPANY, LLC,
Third-Party Plaintiff,
-against-
TIMOTHY SIACHITANO,
Third-Party Defendant.
aanee. - a X
Third-Party defendant, by its attorneys, MARSHALL M. STERN, P.C., as and
for its Verified Answer to the Third-Party Complaint, respectfully states as
follows:
4 Admits each and every allegation contained in paragraphs 21, 22, 23,
24, 32, 33 and 34 of the Third-Party Complaint.
2. Denies each and every allegation contained in paragraphs 26, 27, 28, 29,
30, 31, 35, 36, 37, 38, 39 and 40 of the Third-Party Complaint.
3. Denies knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 25 of the Third-Party Complaint.
WHEREFORE, third-party defendant respectfully prays this Court for
judgment dismissing the third-party plaintiff's Complaint, in its entirety,
together with such other and further relief as to this Court may seem just and
proper.
Dated: Huntington Station, New York
April 4, 2014
MARSH M. STERN, P.C.
By: Marshall M. Stern, Esq.
Attorneys for Plaintiff and
Third-Party Defendant
17 Cardiff Court
Huntington Station, New York 11746
(631) 427-0101
TO: HOWARD BLUM, P.C.
Attorneys for Defendants
and Third-Party Plaintiff
286 Madison Avenue; 18"" Floor
New York, New York 10017
(212) 557-3000
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK)
|, the undersigned, am an attorney admitted to practice in the Courts of
the State of New York, and say that:
lam the attorney of record for the third-party defendant herein. | have
read the annexed Answer to Third-Party Complaint and know the contents
thereof and the same are true to my knowledge, except those matters therein
which are stated to be alleged on information and belief, and as to those
matters, | believe them to be true. My belief as to those matters therein not
stated upon knowledge, is based upon the following: books and records in my
possession.
The reason | make this Affirmation instead of the defendant is that
defendant's principal place of business is located in a county other than that of
the undersigned's office, pursuant to CPLR 3020(3).
Dated: Huntington Station, New York
April 4, 2014
MARSHALL M. STERN
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INDEX NO. 151668/2014 FILED: NEW) YORK COUNTY CLERK 04/04/2014) NYSCEF DOC. NOJ|/8 RECEIVED NYSCEF: 04/04/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CI RR CALLAHAN PIPING, LLC, on behalf of itself Index No. 151668/2014 and all other persons similarly situate as trust fund beneficiaries of Lien Law Trusts of which McGovern & Company, LLC is a trustee, VERIFIED ANSWER TO THIRD-PARTY COMPLAINT Plaintiff, -against- MCGOVERN & COMPANY, LLC, DANIEL G. MCGOVERN AND SALVATORE D. CAIOLA, Defendants. manene, McGOVERN & COMPANY, LLC, Third-Party Plaintiff, -against- TIMOTHY SIACHITANO, Third-Party Defendant. aanee. - a X Third-Party defendant, by its attorneys, MARSHALL M. STERN, P.C., as and for its Verified Answer to the Third-Party Complaint, respectfully states as follows: 4 Admits each and every allegation contained in paragraphs 21, 22, 23, 24, 32, 33 and 34 of the Third-Party Complaint. 2. Denies each and every allegation contained in paragraphs 26, 27, 28, 29, 30, 31, 35, 36, 37, 38, 39 and 40 of the Third-Party Complaint. 3. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 25 of the Third-Party Complaint. WHEREFORE, third-party defendant respectfully prays this Court for judgment dismissing the third-party plaintiff's Complaint, in its entirety, together with such other and further relief as to this Court may seem just and proper. Dated: Huntington Station, New York April 4, 2014 MARSH M. STERN, P.C. By: Marshall M. Stern, Esq. Attorneys for Plaintiff and Third-Party Defendant 17 Cardiff Court Huntington Station, New York 11746 (631) 427-0101 TO: HOWARD BLUM, P.C. Attorneys for Defendants and Third-Party Plaintiff 286 Madison Avenue; 18"" Floor New York, New York 10017 (212) 557-3000 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK) |, the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say that: lam the attorney of record for the third-party defendant herein. | have read the annexed Answer to Third-Party Complaint and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, | believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon the following: books and records in my possession. The reason | make this Affirmation instead of the defendant is that defendant's principal place of business is located in a county other than that of the undersigned's office, pursuant to CPLR 3020(3). Dated: Huntington Station, New York April 4, 2014 MARSHALL M. STERN