FILED: NEW YORK COUNTY CLERK 11/13/ :21 PM INDEX NO /2013 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 11/13/2018

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1 LBBS File No SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X CARLOS PEREZ, Index No.: /13 Plaintiff, RESPONSE TO RIVCO CONSTRUCTION GROUP, -against- LLC's CROSS-CLAIMS and HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH, COUNTER-CLAIMS Defendants. HUNTER ROBERTS CONSTRUCTION GROUP, T.P. Index No.: 59443/2015 L.L.C. and THE INSTITUTE FOR FAMILY HEALTH, Third-Party Plaintiffs, ATLANTIC DETAIL AND ERECTION CORP. and RISA MANAGEMENT CORP., Third-Party Defendants. HUNTER ROBERTS CONSTRUCTION GROUP, Second T.P. Index No.: L.L.C. and THE INSTITUTE FOR FAMILY HEALTH, Third-Party Plaintiffs, -against- -against- S.J. ELECTRIC, INC., J.M. BOTTO, INC., and RIVCO CONSTRUCTION, LLC., Second Third-Party Defendants. Defendants HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH by and through their attorneys, LEWIS BRISBOIS BISGAARD & SMITH LLP, as and for their response to S.J. ELECTRIC,INC.'s cross-claims and counter-claims herein allege upon information and belief as follows: 1 of 6

2 AS AND FOR A RESPONSE TO THE FIRST CROSS-CLAIM 1. Deny knowledge or information sufficient to form a belief as to the truth of the "93" 2. Deny knowledge or information sufficient to form a belief as to the truth of the "94" AS AND FOR A RESPONSE TO THE SECOND CROSS-CLAIM 3. Deny knowledge or information sufficient to form a belief as to the truth of the "95" 4. Deny knowledge or information sufficient to form a belief as to the truth of the "96" 5. Deny knowledge or information sufficient to form a belief as to the truth of the "97" L.L.C.'s Verified Answer To Second Third-Party Complaint with Cross Claims 2 of 6

3 AS AND FOR A RESPONSE TO THE FIRST COUNTER-CLAIM 6. Deny each and every allegation contained in paragraph "98" of RIVCO CONSTRUCTION GROUP, L.L.C.'s Verified Answer To Second Third-Party Complaint with Cross Claims. AS AND FOR A RESPONSE TO THE SECOND COUNTER-CLAIM 7. Deny each and every allegation contained in paragraph "99" of defendant's RIVCO CONSTRUCTION GROUP, L.L.C.'s Verified Answer To Second Third-Party Complaint with Cross Claims. WHEREFORE, HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH demand judgment dismissing the amended verified cross claims of RIVCO CONSTRUCTION GROUP, L.L.C.'s, together with the attorneys' fees, costs and disbursements of this action, or in the alternative, in the event that plaintiff recovers any verdict and/or judgment against HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH demand judgment over and against co-defendant RIVCO CONSTRUCTION GROUP, L.L.C.'s in whole or in part, in accordance with the costs, disbursements and counsel fees incurred in the defense of this action. Dated: New York, New York November 13, of 6

4 Yours, etc. LEWIS BRISBOIS BISGAARD & SMITH, LLP Alexandra J. Rothstein, Esq. Attorneys for Defendants HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH 77 Water Street, Suite 2100 New York, New York Tel No.: (212) TO: SACKS AND SACKS, LLP 150-4* Broadway Floor New York, New York Attn: Kenneth Sacks, Esq. Attorneys for Plaintiff Tel No Andrew D. Harms D'AMATO & LYNCH, LLP 225 Liberty Street New York, NY Attorneys for Third-Party Defendant ATLANTIC DETAIL AND ERECTION CORP. Phone: (212) Fax: (212) STONBERG MORAN LLP Michael L. Stonberg, Esq. 505 Eight Avenue, Suite 2302 New York, New York Attorneys for Third-Party Defendant RISA MANAGEMENT CORP of 6

5 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Second Third-Party Defendant S.J. ELECTRIC, INC. Wall Street Plaza 21" 88 Pine Street, Floor New York, NY (212) MCELROY DEUTSCH MULVANEY Attorneys for Second Third-Party Defendant J.M. Botto, Inc. 225 LIBERTY ST, 36TH FL NEW YORK, NY of 6

6 ATTORNEY'S VERIFICATION The undersigned affirms the following statement to be true under the penalty of perjury pursuant to Rule 2106 of the Civil Practice Law and Rules. That I am a member of the firm LEWIS BRISBOIS BISGAARD & SMITH LLP, attorneys for Defendants, HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH. That I have read the foregoing document and knows the contents thereof, and that the same is true to the knowledge of your deponent except as to the matters therein alleged upon information and belief and that as to those matters she believes them to be true. That the reason why this affirmation is being made by your deponent and not by the said defendants is that said corporations do not rnaintain their offices with an officer having knowledge of the facts in the county where your affirmant's firm maintains its offices and Defendants HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH do not reside in the county where your affirmant's firm maintains its office. That the source of your deponent's information and the grounds of her belief as to all the matters therein alleged upon information and belief are reports from and communications had with said corporation and Defendants HUNTER ROBERTS CONSTRUCTION GROUP, L.L.C. and THE INSTITUTE FOR FAMILY HEALTH. Dated: New York, New York November 13, 2018 lexandra J. Rothstein, Es 6 of 6