ASSOCIATES, LLC, SAEID S. SETA a/k/a FRANK SETA, JOHN DOE #1 THROUGH JOHN DOE #10, inclusive, the last ten names being Fictitious and unknown to Plaintiff, the persons or parties intended being the persons or corporations or entities who provided construction services and/or design and fabrication services at the Premises described herein, Defendants.

Ivan C. Torres, an attorney duly admitted to practice law in the State of New York, affirms the following to be true under the penalties of perjury.

In sum, Plaintiff’s motion is yet another attempt to circumvent the court’s prior decision and order of February 10, 2015, wherein the court found that Plaintiff had no privity of contract with Ryder, and therefore had no claims against it.

In the instant case, Plaintiff’s Order to Show Cause was filed on March 11, 2022, which is approximately 5 months after the time to move for a default judgment had expired.

: ) JILL BALNIS, being duly sworn, deposes and says; that deponent is not a party to this action, that she is of 18 years and upwards; and that she is employed by the offices of GALLO VITUCCI & KLAR LLP, attorneys for Second Third-Party Defendant, HI-LUME CORPORATION, in the above-entitled action; that the office address of said attorneys is 100 Crossways Park West, Suite 305, Woodbury, New York 11797; that on the 24TH day of May 2022, I served the within: AFFIRMATION IN PARTIAL OPPOSITION upon

Painting Construction And Hi-Lume Doortec Corporation, Architectural Door, Stucco Flooring Roz-A-Lite Inc., Inc., Steel Inc., Mulroy Fabricators, ADS Windows, Inc., Inc., Specialists, Inc., H2L l\4illwork Co., Electrical Contracting, & Heating Brook

As a threshold matter, plaintiff and Sponsor argue that Hi-Lume does not have standing to bring the instant motion on behalf of Ryder.

third-party defendant's standing, pursuant to CPLR § 1008, to move for summary judgment against a plaintiff (seeStamboulis 256 AD2d [2d Dept 1998]; Muniz v Church of v Stefatos, Our Lady of Mt.

A cross-motion dated March 22, 2013 was filed, however, on behalf of Carl Jaccarino, an employee and later owner of Ryder, to dismiss plaintiff's complaint capacity.

has been determined (see Decision of Corp:, 47 AD3d 616, [2d Dept As previously November 7, 2.014), contribution would not be available to compensate for economic loss as is claimed here (see Key Intl.

a/k/a FRANK SETA, JOHN DOE #1 THROUGH JOHN DOE #10, inclusive, the last ten names being fictitious and unknown to Plaintiff, the persons or parties intended being the person's or corporations or entities who provided construction services and/or design and fabrication services at the Premises described herein, Defendants.

SUSAN P. MAHON, an attorney admitted to practice before the Courts of the State of New York hereby affirms to the truth of the following, upon information and belief, with knowledge of the penalties for perjury:

This Affirmation is submitted in opposition to Plaintiff’s application, by Order to Show Cause, for an Order (a) granting Plaintiff a default judgment against Defendant/Third- Party Plaintiff 125 North 10, LLC, and setting this matter down for an immediate inquest to determine Plaintiff’s damages as against Defendant/Third-Party Plaintiff 125 North 10 LLC and (b) issuing a stay of the first Third-Party Action pending this Court’s issuance of a final Order and Judgment following the aforementioned inquest.

Stucco Specialists adopts and incorporates by reference the arguments set forth in the opposition to Plaintiff’s application filed by Third-Party Defendant/Second Third-Party Plaintiff, Ryder Construction Inc. (NYSCEF Doc. No. 1140) and the opposition filed by Second Third-Party Defendant, Imperial Painting and Fireproofing, Inc., d/b/a The Gold Group (NYSCEF Doc. No. 1143-1150) which for the sake of brevity will not be repeated at length herein.

WHEREFORE, for the reasons set forth in the opposition papers, Second Third-Party Defendant Stucco Specialists, Inc., respectfully requests that the Plaintiff’s application by Order to Show Cause be denied in its entirety, together with such other and further relief this Court deems just and proper.

ASSOCIATES, LLC, SAEID S. SETA a/k/a FRANK SETA, "JOHN DOE #1 THROUGH JOHN DOE #10," inclusive, the last ten names being fictitious and unknown to Plaintiff, the persons or parties intended being the persons or corporations or entities who provided construction services and/or design and fabrication services at the Premises described herein, Defendant(s).

Robert F. McCarthy, an attorney duly licensed to practice before the Courts of the State of New York, affirms, under penalties of perjury as follows.

I am associated with the law office of LIPPMAN & McCARTHY, attorneys for Second Third-Party Defendant, SHABCO CONSTRUCTION SERVICES, INC., and as such I am familiar with the facts and circumstances of this case by reason of my review of the file maintained in this office in connection with this matter which includes, but is not limited to, the pleadings, discovery documents and correspondence relating to this action.

In the interest of brevity, SHABCO CONSTRUCTION SERVICES, INC. adopts and incorporates herein by reference the arguments set forth in the opposition to Plaintiffs Application filed by Third-Party Defendant/Second Third-Party Plaintiff, RYDER CONSTRUCTION, INC. (NYSCEF DOC. No. 1140) and the opposition filed by Second Third- Party Defendant, IMPERIAL PAINTING AND FIREPROOFING, INC. D/B/A THE GOLD GROUP (NYSCEF DOC. Nos. 1143-1150).

: ) Robert F. McCarthy, an attorney duly admitted to practice law in the State of New York affirms the truth of the following under penalty of perjury: On May 20, 2022, I served a true copy of the annexed:

a/k/a FRANK SETA, JOHN DOE #1 THROUGH JOHN DOE #10, inclusive, the last ten names being fictitious and unknown to Plaintiff, the persons or parties intended being the person's or corporations or entities who provided construction services and/or design and fabrication services at the Premises described herein, Defendants 125 NORTH 10, LLC dlbla 125 NORTH 10 LLC l2s N 10 dlbla 125 NORTHLO LLC 125 N 10 d/b/a 125NORTHl0 MM, LLC, SAVANNA SERVICES LLC dIbIA SAVANNA PARTNERS d/b/a SAVANNA FUND, CHRISTOPHER

CO., INC. and ROTAVELE ELEVATOR, INC. Second Third-Party Defendants MICHAEL S. KIVOWITZ, an attorney duly admitted to practice before the courts of the State of New York, affirms under penalty of perjury that I am a member of the firm Russo & Gould, LLP, attorneys for Second Third-Party Defendant, CAPITOL FIRE SPRINKLER CO., INC.. and, as such, am fully familiar with the facts and circumstances in this matter.

I submit this affirmation in opposition to Plaintifls Application, by Order to Show Cause, for an Order (a) granting plaintiff a default judgment against Defendant/Third- Party Plaintiff 125 North 10, LLC, and setting this matter down for an immediate inquest to determine plaintiff s damages as against Defendant/Third-Party Plaintiff 125 North 10, LLC, and (b) issuing a stay of the first third-party action pending this Courl's issuance of a final Order and Judgment following the aforementioned inquest.

In the interest of brevity and judicial economy, CAPITOL FIRE SPRINKLER CO., INC. adopts and incorporates herein by reference the arguments set forth in the opposition to plaintiffs Application filed by Third-Party Defendant/Second Third- Party Plaintiff, Ryder Construction, Inc. (I'{YSCEF DOC. NO. 1140), and the opposition filed by Second Third Party Defendant, Imperial Painting & Fireproofing, lnc.

MICHAEL KIVOWITZ, an attorney duly admitted to practice law in the Courts of the State of New York, hereby affirm and certify that the word count of the attached Affirmation in Opposition to Plaintifls Order to Show Cause, excluding the caption and signature block, is:237 .

inclusive, the last ten names being fictitious and unknown to Plaintiff, the persons or parties intended being the person’s or corporations or entities who provided construction services and/or design and fabrication services at the Premises described herein,

JOHN C. SPATARO, an attorney duly admitted to practice before the Courts of the State of New York, affirms under penalty of perjury that: 1.

I submit this affirmation in opposition to Plaintiff’s Application, by Order to Show Cause, for an Order (a) granting plaintiff a default judgment against Defendant/Third Party Plaintiff 125 North 10, LLC, and setting this matter down for an immediate inquest to determine plaintiff’s damages as against Defendant/Third Party Plaintiff 125 North 10, LLC, and (b) issuing a stay of the first third party action pending this Court’s issuance of a final Order and Judgment following the aforementioned inquest.

In the interest of judicial economy and brevity, M&D INSTALLERS hereby adopts and incorporates by reference the arguments and reasons set forth in the opposition filed by Third Party Defendant/Second Third Party Plaintiff to plaintiff’s application that was filed as NYSEF document no. 1140 and the opposition to the plaintiff’s order to show cause filed by Second Third Party Defendant, Imperial Painting & Fireproofing Inc. d/b/a The Gold Group, NYSEF document no. 1143-1150.

M&D INSTALLERS join in the opposition filed by IMPERIAL and RYDER.