`NYSCEF DOC. NO. 22
`
`INDEX NO. 816481/2023E
`
`RECEIVED NYSCEF: 02/14/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`EDWIN ESTEBAN GUAMAN MENDIETA,
`
`Index No.: 816481/2023E
`
`RK CONTRACTING, INC.
`ANSWER TO 2105 WALTON
`AVE, LLC CROSS CLAIMS
`
`Plaintiff,
`
`-against-
`
`2105 WALTON AVE, LLC, and RK
`CONTRACTING, INC.,
`
`Defendants.
`
`2105 WALTON AVE, LLC,
`
`Third-Party Plaintiff,
`
`-against-
`
`DK BUILDERS, INC.,
`
`Third-Party Defendant.
`
`Defendant, RK CONTRACTING, INC. (“RK”), by its attorneys, Spiro Harrison &
`
`Nelson, answers Defendant/Third-Party Plaintiff 2105 WALTON AVE LLC Cross Claims, as
`
`follows:
`
`AS TO THE FIRST CROSS CLAIM
`
`1.
`
`Deny each and every allegation contained in the Cross-Claim for Contribution of
`
`Co-Defendant 2105 WALTON AVE LLC’s Verified Answer to Plaintiff’s Verified Complaint.
`
`2.
`
`Deny each and every allegation in the Cross-Claim for Indemnification of Co-
`
`Defendant 2105 WALTON AVE LLC’s Verified Answer to Plaintiff’s Verified Complaint.
`
`WHEREFORE, the answering Defendant RK CONTRACTING, INC. demands judgment
`
`dismissing the Cross-Claims of Co-Defendant 2105 WALTON AVE LLC.
`
`1
`SHN\757011.1
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`1 of 3
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`FILED: BRONX COUNTY CLERK 02/14/2024 01:14 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 816481/2023E
`
`RECEIVED NYSCEF: 02/14/2024
`
`Dated: Montclair, New Jersey
`February 14, 2024
`
`Yours, etc.
`
`SPIRO HARRISON & NELSON
`Attorneys for Defendant,
`RK Contracting, Inc.&
`Third-Party Defendant,
`DK Builders, Inc.
`
`By: /s/ Adlai J.J. Small
`Adlai J.J. Small, Esq.
`40 Exchange Place, Suite 1404
`New York, NY 10005
`
`363 Bloomfield Ave, Suite 2C
`Montclair, NJ 07042
`(973) 232-0892
`asmall@shnlegal.com
`
`TO:
`
`Len Kushnir, Esq.
`CHARTWELL LAW
`Attorneys for Third-Party Plaintiff
`2105 WALTON AVE, LLC
`One Battery Park Plaza, Suite 710
`New York, New York 10004
`(212) 968-2300
`
`CC:
`
`Mattew W. Martin, Esq.
`KUBICK & ASSOCIATES, PC
`Attorneys for Plaintiff
`EDWIN ESTEBAN GUAMAN MENDIETA
`32 Broadway, Suite 501
`New York, New York 10004
`(212) 684-7541
`
`2
`SHN\757011.1
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`2 of 3
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`
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`FILED: BRONX COUNTY CLERK 02/14/2024 01:14 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 816481/2023E
`
`RECEIVED NYSCEF: 02/14/2024
`
`ATTORNEY'S VERIFICATION
`
`The undersigned affirms the following statement to be true under penalties of perjury
`
`pursuant to Rule 2106 of the Civil Practice Law and Rules.
`
`That he is an attorney at law with the firm of SPIRO HARRISON & NELSON, attorneys
`
`for the Defendant, RK CONTRACTING, INC.
`
`That he has read the foregoing document and knows the contents thereof, and that the same
`
`is true to the knowledge of your affirmant, except as to the matters therein alleged upon
`
`information and belief, and that as to those matters, he believes them to be true.
`
`That the reason why this affirmation is being made by your affirmant and not the Defendant
`
`is that the Defendant does not reside in the county where your affirmant’s firm maintains its
`
`offices.
`
`That the source of your affirmant’s information and the grounds of his belief as to all the
`
`matters therein alleged upon information and belief are from reports and communications had with
`
`said Defendant.
`
`Dated: Montclair, New Jersey
`February 14, 2024
`
`/s/ Adlai J.J. Small
`Adlai J.J. Small
`
`3
`SHN\757011.1
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`3 of 3
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