throbber
FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`FILED:
`OUEENS COUNTY CLERK 02m2018 05:52 PM
`NYSC 3F DOC. NO. 50
`NYSCEF DOC. NO. 50
`
`IND
`EX NO.
`709963/2016
`INDEX NO. 709963/2016
`
` VYSC
`
` flIV flD
` 3F:
`
`02/21/2018
`RECEIVED NYSCEF: 02/21/2018
`
`Exhibit D
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`tt
`
`OF THE STATE
`COURT
`SUPREME
`OF QUEENS
`COUNTY
`__--.----------------------------------------------X
`RAMON RAFAEL
`CASTILLO
`GARCIA-RODRIGUEZ
`CHRISTINA
`
`and
`
`OF NEW YORK
`
`CASTILLO,
`
`Plaintiffs,
`
`-against-
`
`661F
`
`REALTY,
`
`LLC.
`
`and BIG APPLE
`
`DESIGNERS,
`
`INC.,
`
`--__
`
`__ __ __---------------.------------------X
`
`Defendants
`
`Index
`
`No.:
`
`709963/2016
`
`TO
`
`RESPONSE
`PLAINTIFF'S
`COMBINED
`DISCOVERY
`DEMANDS
`
`Defendant,
`
`BIG
`
`APPLE
`
`DESIGNERS,
`
`INC.,
`
`by
`
`its
`
`attorneys,
`
`GIALLEONARDO,
`
`FRANKINI,
`
`HARMS
`
`& PIERET,
`
`make
`
`the
`
`following
`
`statement
`
`in
`
`response
`
`to the
`
`demand
`
`therefore:
`
`Upon
`
`information
`
`and
`
`belief:
`
`l.
`
`Insurance
`General
`with
`
`under
`
`insured
`
`the
`
`above
`
`named
`
`Scottsdale
`Commercial
`Defendant
`
`Company,
`liability
`limits
`
`Arizo1fa,
`Scottsdale,
`no.: NCS0000682
`policy
`of $1 million/$2
`million
`
`policy
`
`Excess
`Scottsdale
`
`.Scottsdale.Scottsdale
`Excess
`
`policy
`
`liability
`limits
`
`Coverage;
`Insurance
`
`Scottsdale,
`Company,
`no,: NXS 0002098
`policy
`of $5 million.
`
`Arizona,
`insured
`
`under
`the above
`
`named
`
`Defendant
`
`with
`
`2.
`
`3,
`
`4.
`
`5.
`
`6.6.
`
`WITNESSES:
`No witnesses
`police
`report
`
`to defendant
`known
`and the parties
`to this
`
`at
`this
`action.
`
`time
`
`other
`
`than
`
`those
`
`names
`
`listed
`
`on any
`
`EXPERT-WITNESSES:
`
`To
`
`be provided
`
`upon
`
`our
`
`retainer
`
`of same.
`
`PHOTOGRAPHS:
`
`None.
`
`WRITTEN
`COURSE
`
`ACCIDENT
`OF BUSINESS:
`
`REPORTS
`None.
`
`PREPARED
`
`IN
`
`THE
`
`REGULAR
`
`
`
`STATEMENTSTATKMKNT
`
`
`
`OFOF ADVERSEADVERSE
`
`
`
`PARTY:PARTY:
`
`None,
`None,
`
`'I'I
`
`II
`
`'I
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`T
`
`J
`
`7.
`
`8.
`
`C
`
`SURVEILLANCE:
`
`None
`
`to date.
`
`WORK ORDERS,
`ETC.:
`CONTRACTS,
`demanded
`herewith.
`Other
`documents
`have
`will
`response
`be sent upon
`receipt
`of same.
`
`A copy
`of
`been
`requested
`
`the
`
`is annexed
`contract
`and
`a supplemental
`
`The
`
`Defendant
`
`reserves
`
`the
`
`right
`
`to
`
`furnish
`
`Plaintiffs
`
`with
`
`any
`
`additional
`
`relevant
`
`information,
`
`within
`
`a reasonable
`
`time
`
`prior
`
`to Trial,
`
`of which
`
`they
`
`it
`
`does
`
`not
`
`have
`
`present
`
`knowledge,
`
`but which
`
`it may
`
`acquire
`
`subsequent
`
`to the date
`
`of
`
`this
`
`response.
`
`Dated:
`
`Mineola,
`January
`
`New York
`24, 2017
`
`Yours,
`
`etc.,
`
`GIALLEONARDO,
`ESQS.
`PIERET,
`
`FRANKINI,
`
`HARMS
`
`&
`
`ESQ.
`
`By:
`
`S$fE1TL
`M,'PLOTKIN,
`s for Defendants
`Attorn
`330
`Road
`d Country
`Suite
`200
`New York
`Mineola,
`493-4500
`(516)
`File No.:
`16-025199-07A
`
`11501
`
`& ASSOCIATES,
`
`P.C.
`
`TO:
`
`SCHWITZER
`WILLIAM
`Attorneys
`for Plaintiffs
`820 2nd Avenue
`New York,
`New York
`685-7800
`(212)
`
`10016
`
`& FOX
`CLARK
`for Defendant
`Attorneys
`661F REALTY
`INC.
`3rd
`405 Fifth
`New York,
`
`Avenue,
`New York
`
`,
`Floor
`10018
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`tt
`
`tt
`
`II
`
`((
`
`STANDARD
`
`OWNERAND
`
`FORM OF AGREEMENT
`BETWEEN
`GENERAL
`
`.,
`CONTRACTOR
`
`..
`
`4 Br
`
`21
`
`Day
`
`of
`
`January
`
`In
`
`the
`
`year
`
`of 2015
`
`AGREEMENTEMKXI'
`as of
`
`Made
`
`the
`
`BETWEEN
`
`Owner:
`
`661F Realty LLC
`
`And
`
`the Contractor:
`
`''
`BkAopeDésigTier5
`
`incl BlMtotie Contractine
`
`LLC
`
`WHEREAS
`indirectly
`
`into:a business arrangement5 diréctly or
`the Owner and General contractor are desired ofentering
`of'
`661'
`for the construction at thelocation
`NY
`of
`Flúñhiny Aveime,
`Brooklyn,
`
`The owner and the contractor agree as set forth below;
`
`1.0
`ARTICLE
`INDEMNIFICATl0N
`To the fullest exterg permitted by law,
`lind hofd harmless the Ownels and
`the contractor shall
`1 I
`indemnify
`
`managers'managers'
`managers'
`managers
`dahinges
`thein ..$wlit bad '8gliipst elairis,
`of dither of
`losses .and expenses,
`and einptoyee
`inchiding but not
`limited to stromey!s
`fees, arisiIfgïíuÇ.ofor
`contractors
`resditing homperformanceafth¾
`iittit¾itable
`loss or expedse j(
`and Subnontractor's Work,
`provide(1 thy such claim, damage,
`to bodily
`disj{ash or death, or to injury jo-or destadtion. of
`than-the Waik
`sty-(odhir
`tianglW pre
`injury, sickhNs,
`cause in whole of ¼ jiint by negligentsrcts or omissions·of
`including Joss of use resulting thereffom,
`itselt),
`or'or'or Subcontractor,.
`the $u%ntr4¾#s.
`or
`anyone directly
`S.ub-ssbcottactors,
`indirectly
`employed by themthorn' or anyone for wilde
`regardless oFwheuter or not such claim.
`adts.tlicy may be liable,
`loss dr expense is caused in part by a party ipdemnined
`Snch obligation
`shall not be
`hereunder;
`(4 néý)te, abridj;e,. or othersvise reduce other
`of
`ifideninity which would
`conshueti
`rights Çir obligãtipin
`exist tipts a puff.or
`otherwlii
`person desmibedfhe
`
`ind8ruttified,ua'der'inden'inified,un'der'
`the contractor
`in cla'uns against any person or entity inderiin&d.undef
`this agréement-by an employee of
`
`anyone directly or. indirectly'indirectly'
`employed by ilium
`the-$ut cotitractorp Sub-àdbdentitatòrs,
`brï$ubcontraetar,
`under'
`or anyõne for whose%cts'th£y may bé liable;
`obligation under this ag(eement
`the indemnification
`shall not
`be, thnited by a linji atión_on amount or Lypeeof damages, compensatioth
`of benefits payable by or tar
`the
`ender Workers'
`-contradtnt
`the ShbcointMctor'saSutesubcotttgctors
`or Workmen's
`or Subcontmotor
`or
`Cdmpensation Acts or other employee benefit acts,
`not extend to the liability
`indeñmific-d -under this agreement.shalt
`In claims against any person orentity
`of
`the Archifect,4he- ArchipdW consultants, and agents and employees òf aily of
`(1) the
`them arising out of
`ef"of"
`surveys, Change Orders,
`or ápjitcvä1 of
`designs. or
`preparation
`'maps,
`.opmions,
`reports,
`drawing,
`or
`the .giving of or
`the failure to give, ditebtions
`instruction
`the
`specificatioriš,
`'or
`hy the Architem,
`)
`Architects
`consultants, and agents and employees of any,of
`th-em provided such giving or failure to give is
`cause ofthe injury or damage.
`the.priníary
`all rights against, Qwheri officers, directors add'employees
`Contractorwaives
`fot n?botery of damagàs that
`auto'
`shall be cdvered py hts.Comyngrcial General Liability, Urnbrella liability
`or-workers
`p$11ieigauto··liability
`
`co'mpensationcoinpensetion ahdand 'emp)
`einp) oyeia
`
`in. thisthis agreetneut.re'quirem gnfpdntp statedstated in.
`
`iusuraiii.-einsurani.-e re'quirern
`
`maintained,peroyeia liabilityliability maintained.pcr
`
`agreetneot.
`
`
`13
`
`L3
`
`a.rst
`
`tl g
`
`5ia
`
`ill
`
`I
`
`1.4
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`iKf4
`
`4
`
`ARTICLE·2.0
`INSURAÑCFIREQUIREMENTS
`The contractor sliall purchase and maintaininshrance
`23
`flmlis of liability'
`
`.
`
`of the f6howittatypes
`
`of coverage and
`
`I
`
`I
`
`j
`
`I
`
`Workerf CompensaGon and Employeis Liability:
`Business Automobite;
`Excess.Lia6ility:
`
`Comrcercial Gene'ral Llability
`
`including Contractualliability
`
`and employer's fighiMty:
`$1,000400 Each Occurrence
`Si;000,000 Aggregat4 on a PEN PROJECT basia
`limits
`NYS statutory
`S),0D0,0DD CBL per Acchirnt{ifapplicable)
`54ßQQ,0Q0.Each Occurrence
`54,000,000 General Aggregdte
`baps to the
`The Owner and manager are to be named as an additional
`insured on a. primary
`luplilde
`that
`policy using .appmp.rlate 190 forms.
`contractors Cornpreheiisive General Liability
`and:Persond1 hijury
`Contractual
`Premises Operations Liatillity,
`l.;iability
`Advertising
`Liabiiity,
`ance'Prodyòts/Completed
`waiver of subnigation
`endorsemeñt and adenional
`insured for tiiigoing
`that provide .equivalent
`Opèradons
`or by using a company
`specif1c endorsement
`Liability,
`protection.
`trom date of
`.inferruption
`int'erruption
`on an occurrence basis shall )e maintaiged without
`Coverage wrlitetí
`commencement
`the applicable statute of
`limitations
`of
`the coWt'ractorp work Wra expiration
`of
`real property of the state lit whichthe
`in 96ostraciiön_otor-imprtivementfo
`relating toIgntdefqct
`work isperfarined,
`shall be filed With the owner prior
`Cdtifipates
`of-trisurance acceptable to the Owner,and.maWjppr
`and insurance policies
`tork.
`certificatei
`required by
`to commencement-of
`the contractor's
`Tik
`enclosed, éhd contain a
`Articlea
`shall contain ·the lgz'iguage hown an the sa#iple certincate
`to expire until
`coverage affprded ur(det-the policies will not be canceled ofallowed
`pnÑiptfn.tfiat
`
`at Rast 30 days'cfays' prior written
`notice has been given to the owner.
`If ony of
`the foregoing
`ad
`are reasonably
`paygeht
`insprance
`coveráges are required :to remain
`fit
`ffn
`force aftdr
`of such coverage shall be submitted
`available
`an additional
`certificate
`congnuation
`evidencing
`with the Enal application for paymentlerre,qtuifed.
`
`-i(
`a,
`
`2:2
`
`23
`
`C
`
`Owner Name:
`
`II'AII5
`Date:
`
`4
`.
`III
`CoritractErNani
`
`.
`
`[
`
`irate
`
`Ngnature;
`
`I I
`
`8'
`
`e.'III
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`i
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`I
`
`'I
`
`',2
`
`'a-':'
`I
`
`,,«;~>~gg!>R~-,
`ZE
`
`I
`
`~)'|oB.lh,
`
`, Y««
`r)
`
`l~
`CONTRACTING
`
`LLC
`
`PLACE
`NY 1 1205
`
`BLUSTONE
`„'USTORE,.
`
`65TAAFFE
`BROOKLYN,
`7'7 1 8-534-0330
`
`h
`
`IIII
`
`.I
`
`Projects
`
`of; 661 Fluthnig
`
`Avenue,
`
`Brooklyn,
`
`ÑY11206
`
`+%88%5W'
`4+N8RFr&
`
`made this 2181day of January,
`THIS AGREEMENT
`2015, by and between Moshe DIum of Blustone Contracting
`and Joef Kohn forhis Owner's
`LLC, hereinafter
`called the Cdhtracter,
`as listed below, hereinster
`called
`entities
`the Owner.
`
`WITNESSETH,
`
`that
`
`the Contractor
`
`and the Owner
`
`for the consideration
`
`named
`
`herein-egree
`
`as follows:
`
`ARTICLE1.
`
`SCOPE OF THE WORK
`
`agrees to take the role of Contracting
`The Contractor
`by hiring Subcoritractom
`t't'
`materials
`and perform all of
`the wod( shown on the drawings
`of-the
`architelit
`
`shall
`furnish
`Contractor
`as per approved
`plans.
`
`all the
`
`ARTICLE
`
`CQWIPLE7ION'
`2. TIME CiF COMPLETION
`
`on or before EigMeen
`Tne work to be performed
`from
`this Contract
`under
`(18) months
`shah be.'coinmenced
`In the event constructiori
`due to, delay of
`or permanently
`date,
`project.be
`commence
`interrupted
`temporarily
`delay of Owners
`delayed
`Owners
`disputes, weather
`DOB violations,
`funding;
`decisions,
`neighboring
`conditions,
`of goods, etc. completion
`of
`this agreement
`Is subject
`to delay.
`delivery
`
`Mss"flN
`
`'h' W~
`
`I'vIir-
`h'gI'g
`
`.
`
`»ril
`',4
`
`i
`
`ARTICLE
`
`3. THE PRICE
`
`to pay the Contractor
`The owner agrees
`the to be performed
`labor
`for all Hatti Cost.& Soft Cost
`under
`including
`The total amount
`this Agreement.
`due should
`for each
`from two Subcontractors
`quotes
`determined
`by obtaining
`job from which the Owner should choose
`and approvesigh
`to additions
`to be hired, subject
`the Subcontractor
`and deductions
`to authoriz6d
`by OWrier A Payrnent Schedule,
`pursuant
`change
`orders as requested
`Schedule
`A will be drawn up as soon as all contracts
`are agreed upon.
`.
`.
`
`ARTICLE
`
`4. PAYMENTS
`
`of the Agreement
`price shall be paid jn the manner
`Payments
`fallowing;
`or
`circumstances
`unless unusual
`to be made within five to seven days of notification
`by Contractor
`Ali payments
`for 2.
`to continqq with the project. Contractor will
`and an urgency
`request
`developments
`exists in order
`payment
`dWqúis(tion
`of the process. Whether
`through
`request
`from a construction
`to continue
`steps prior
`loan,
`financing
`
`times, GWner'shallGWrIer'sheli
`
`nolnot unnecessarilyunnecessarily
`
`should paidpaid direc0ydirectly
`
`toto Contractor.Caiitrectar.
`AtAt allall
`
`fundsfunds should
`orar ifif financedfinanced
`
`times,
`byby Owner,
`Owner,
`
`M
`
`:I'ig
`
`1
`
`E
`
`I
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`i
`
`.kv. (;.,>-..,
`
`BLUSTONE
`
`CONTRACTING
`
`U;C
`
`65 TAAFFE
`BROOKLVN,
`7 1 8-534-033
`
`PLACE
`NY 1 1 205
`O
`
`immediate
`withhold
`requests, Contractor
`essence projections,
`
`of payment
`is ready, witting abd able to comply with a tight schedule
`payment; Owner
`that have time of
`but
`in projects
`to give as much notice aspossible
`shall doits
`best
`at times.
`cannot be given in'advance
`requests
`payment
`
`etc. and.¾oes
`described
`real estate taxes,
`include insurance
`herein does not
`violations,
`Payments
`r-eeponenbte and wilinot,
`other arrangements
`is not
`made between Owner and Contractor, Contractbr
`this'
`project or aid In obtaining
`Loan for
`a Construction
`p'rdject,
`construction
`
`not
`include
`fund
`
`>~i
`
`i
`
`ARTICI..E 5, CONTRACTORS
`
`' FEE
`
`Hundred@'8everrty'
`Dollars-
`project of 7Wo Hundrè$SeventyFive
`fee for managÏng
`Thousand
`this construction
`total
`Contractors
`A deposit
`8 attached.
`of 15% Forty One 77roussnrf,
`will be made in payments
`foHowing Schedufè
`$275,000.00
`contract
`Two Hundred FiRy Dät1ant-541,250,00
`should be forwarded
`at the time of signing
`
`ARTICLE
`
`6, GENERAL
`
`PROVISIONS
`
`1. All work shall be completed
`by law and by professionals
`taws.
`applicable
`
`like manner,
`in a workmanship
`industry
`in the general
`industry, and In compliance
`
`as accepted
`or above standard
`standard
`with all bui.Iding codes and other
`
`2. To the extent
`required
`to perform said work,
`
`by law all work shall be performed
`
`by individuals
`
`duly licensed
`
`and authorized
`
`by law
`
`provided Contractor
`shall
`subcontractors
`to perform work hereunder,
`engage
`its discretion
`3. Contractor may at
`responsible'
`thTs Cdntract..
`corripletion-of
`instances
`and in all
`remain responsible
`for the proper
`pay said subcontractor
`
`furnish Owner appropriate
`shall
`4. Contractor
`payment
`at the time the next periodic
`provided
`
`or waivers
`releases
`shall be.dus.
`
`of
`
`lien for gill work performed
`
`ormaterials
`
`-i >IIbii
`
`I.~I
`
`~w
`
`I
`
`I
`
`I
`
`is signed with any Subcontractor,
`5. Before a Contract
`under contract.
`condition
`
`Owner will be asked to approve
`
`and agree to price and
`
`6. All change orders shall be in writing
`
`and signed by Contractor
`
`and By Ciwner.
`
`warrants
`7.Contractor
`loss or
`injury
`incurring
`
`insured for injury to the Cuntractor
`he will be adequately
`Contractor
`dr its employees
`the
`result of
`as s
`acts af
`and
`
`and its employees
`subcontractors
`
`and others
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`I >
`
`I
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`'(I
`
`l
`
`~
`
`BLUSTONE
`
`CONTMCTING
`
`LLC
`
`t
`
`~
`
`65 TAAFFE
`BROOKLYN,
`8-534-0330
`71
`
`PLACE
`NY 1 1205
`
`('( ~
`
`8. Contractor
`arrange forail
`
`shall at Owner's
`expense
`arrangements
`necessary
`
`obtain all permits necessary
`at Owners
`expense.
`
`for theisúrk
`
`to beipeif6rmed.
`
`Owner
`
`shall
`
`to pay any periodic
`fail
`shall
`9. in the event Owner
`as per paragraph
`9 below,
`for proceedings
`
`or installment
`
`paymerit
`
`due hereunder,
`
`Contractor may ask
`
`10. Any and all disputes
`law in a Jewish Court.
`
`between Owner and Contractor
`
`shali be resolved
`
`in accordance
`
`with rules of Jewish
`
`shall not be liable for any delay due to circumstances
`11. Contractor
`of materials
`or general
`or for delays in funding
`unavailability
`casualty
`
`beyond
`its control
`including
`resp'ansibttity'
`that eée the responsibility
`
`strikes,
`of Owner.
`
`ARTICLE
`
`6. OTHER$
`
`to assist Owner with gathering
`undertakes
`for a construction
`12, Contractor
`loan.
`documentstriecessary
`as requested
`and document
`requisition
`arid any and all assistance
`by the
`bookkeeping
`collection,
`continuing
`in conjunction
`with financing
`and seeing the project
`Owner
`to completion,
`undertakes
`Contractor
`Furtherrrrote,
`assist Owner with referrals
`and connections
`to successful
`brokers and professionals
`within
`the community Who
`have done projects within the Immediate
`for optimum project.syccess;
`es deemed
`by Owner.
`vicinity
`necessery
`
`to
`
`o .o
`
`13. Contractor
`Architecture)
`
`will comply with all
`and by law,
`
`industry
`
`standard
`
`practices
`
`as recommended
`
`by theAIA
`
`(American
`
`Institute
`
`of
`
`.
`
`If any other provisions
`or agreements
`both parties
`to enforce the Intent of-fliis
`are necessary
`14.
`'document,
`more'
`such provisions
`If one or more of the provisions
`agree to execute
`in this
`or agreements
`upon request.
`void by law,
`then the remaining
`Agreement
`are deemed
`In fuji
`force and effect.
`provisions will continue
`
`partner, or joint venturer with the Owner
`the Contractor
`shall not
`15. This Agreement
`for
`an employee,
`render
`is arid will
`an independent
`any purpose. The Company
`contractor
`in hiâ or ber te¼tionship
`to the Owner,
`remain
`shall not be respqnsible
`and Owner
`to the Contractor's
`taxes with respect
`compensation.
`forwithholding
`
`21
`Signed thts _21-day
`
`Signed In the presence
`
`day of January.
`of.
`of:
`
`2015,
`
`ass
`(((Vttn
`
`By:
`
`Contractor
`
`(
`
`ittf
`
`1
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`:
`
`~j
`
`4
`
`' I ffall
`
`''4
`
`I
`
`~
`
`~
`
`BLUSTONE
`
`CONTRACTIN&
`
`LLC
`
`TAAFFE
`65
`BROOKLYN,
`8-534
`71
`
`PLACE
`NY 1 1205
`0330
`
`Witness
`
`By:
`
`Owner
`
`For the following
`
`entities
`
`661 FIusblng Avenue, Braoktyn,NY11208
`
`Owner
`
`\
`
`1 t
`
`l
`
`I
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`.....
`
`r
`
`II
`r
`
`II
`
`WAl VER OF LIEN
`
`Pñimisus: 661 Flushing Avenue
`Owner: 661F Realty LLC
`General Contractor: Blusione Contracririg 1.1C
`Sub: Bayport
`Contract For: Blocks
`Compleled in Date:6/6/2016
`Griginal Contract Amount:
`..)1'alee Order Amounts:
`gimnge
`Adjusted Contract Antoont:
`\mount of Work Complete To Date:
`Retainage Amount Not Yet Due:'DueDue
`NIerAmoum Due Now:
`Toml Payinents Received To Dace:
`
`$I 63.031-9 ">
`50
`1163,031.93
`$20 000.00
`$143,03).93
`520,000.00
`520,000.00
`
`ot'Of'
`n>'
`I
`remipt
`of
`or supplier hereby neknowledges
`I N undersigned contractor.
`subcontractor,
`I n00.00
`to the Total Pavmems Received To Ome statm
`And aggregate paynterit s equal
`thr all amounts due for the Contraùt Work as of
`how.
`lhasa amounts represent payment
`in full
`ol'
`ib a dure
`this Paymem Receipt under our contract with the General Contractor or Borrower
`o)ol
`above as increased or decreased by the Change Order Amounts also speci fwd above,
`kten½d
`
`the amounts set forth above are true and correct and
`f be undemigned hereby certifies that
`for htMr ed
`unnowledges thal there are so additional costs dr claims for any wras or addition
`m:neñd on the above described Premises other than those included in the Contract Amnant ond
`Gange Order Arnounts set forth above.
`
`..~4cog
`
`el>i>tri»br
`its successors and assigns and anyone else acting or clailiñng by or
`for itself,
`ne wderdgned.
`thraogh it. hereby releases and waives. to the ex lent of the albresaid Total Pnyments Ree:ived to
`any mechanie's lien or other 'lien. or claim to mechanic-s lien or 'other lien. which
`On-eamirely
`
`.for such labor, materials. serviye and supplie
`tire undersigned may now or hereafter haw,
`.o
`farrdshed for use. in or perfouned upon the above described Premises- The imdersigned
`the date hereof all blHs For materWs supplica ond/or
`lahm
`erre-ents and warrants that as of
`hmhhed on this job for us have been fully paid by us and no amounts are due to ortbr
`us R.r
`maedds or worMn place,
`rinvrtav
`
`>1,:;Ij:
`authorized, executed and delivered by the undersigned this1
`CM'IQyfDF'
`Contractor:...
`
`EA vç>ur
`
`..
`can.uc:x6
`
`"
`
`.
`
`day of
`
`ws
`.»~
`.»~
`
`. 20
`
`I 1 I
`I
`
`!I
`
`jj
`'
`
`ij
`
`r~
`
`
`
`II r
`
`fs
`
`Ii[J
`
`By,gy
`
`Narne:
`
`~h"W~4m 55 WnX~w~x~
`
`Title:
`
`twmcuse..
`
`_ , _ __
`
`$ Aseribed and sworn to before
`as
`14
`_IrfIa day of
`uM __. .. 20rlp gQ)fr
`
`II
`
`o try ubbc (Stamp and Scal)
`FRAIDYGCLDBERGEFi
`Notay PukhC.afar efNewYork
`oc
`@)li)i
`
`it@V%@Y%4p,fr)Wr%/I
`h'@Ca'If1.20trani7
`
`
`CeffhrBlshrtfrhCeiff~[SaiafrBishtfBaBaaaahhaffl:e
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`b
`
`,
`
`WA1VER OF LIEN
`
`Premises: 661 Flushing Avenue
`Owner: 661F Realty LLC
`General Comractor: Blustone Contracting LLC
`Sub: Bayport
`Contract For: Blocks
`Completed to Date;7/11/2016
`Original Contract Amount:
`Change Order Amounts:
`Adjusted Contract Amount:
`Amount of Work Complete To Date:
`Retainage Amount Not Yet Due:
`'
`Net Amount Due Now:
`Tótal Payments Received To Date:
`
`$163.031.93
`50
`$ 163,03L93
`$36,638,00
`332609393
`$16,638,00
`$36,638.00
`
`.
`
`or supplier
`of
`receipt
`acknowledges
`undersigned
`The
`subcontractor,
`hereby
`contractor,
`to the Total Payments Received To Date stated
`$15 638.00 And aggregate payments equal
`for all amounts due for the Contract Work as of
`in full
`above. These amounts represent payment
`of'
`this Payment Receipt under our contract with the General Contmctor
`or Barrower
`the date of
`identified above as increased or decreased by the Change Order Amounts also specified above.
`
`the amounts set forth above are true and correct, and
`The undersigned hereby dertifies that
`costs or claims for any extras or additions for labor and
`acknowledges that there are no additional
`on the above described Prernises other than those inelnded in the Contract Amount and
`Change Order Amounts set forth above.
`
`its successors and assigns and anyone else acting or claiming by or
`for
`The undenigned,
`itself,
`to the extent of the aforesaid Total Payments Received to
`through it, hereby releases and waives,
`mechanic'
`lien or other lien, which
`lien or other lien, or claim to mechanic's
`Date, entirely any mechanic's
`the undersigned may now or hereafter have,
`for such labor, materials,
`service and supplies
`for use in or performed
`upon the above described Premises. The undersigned
`furnished
`represents and warrants that as of
`the date hereof all bills
`for materials
`supplied and/or
`labor
`furnished on this job for -us have been fully paid by us and no amounts are due to or for us for
`any materials or work in place.
`
`, 201
`
`/r'
`
`rr
`
`HH
`
`taly authorized, executed and delivered by the undersigned this _U_~~ day of
`
`ofudfii
`
`Contractor:
`
`By:
`
`
`
`Hsxn«:.Hshn«:.
`
`Title:
`
`Subscribed and sworn to before
`day of 3dy
`me this_JJ_
`
`, 20 ji
`
`Notary public (Stamp and Seal)
`
`FRAPDYGOLDBERGER
`NolaryPublic,Stateof NewYork
`cAbasiness¼n&(Metaesttbats.doc
`Quathd in hOngsColinly
`ComrMssior)ExpiresMarch4,2017
`
`It
`st
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`WAlVER
`
`OF UEN
`
`Premisest 661 Flushing Avenue
`Owner: 661F Realty LLC
`General Contractor: Blastone Comracting LLC
`Sub: Bayport
`Contract For Blocks
`Completed to Date:7/14/2016
`Original Contract Amount:
`Change Order Arnounts:
`Adjusted Contract Amount:
`Amount of Work Complete To Date:
`Retainage Arnount Not Yet Due:
`Net Arnount Due Now:
`Total Payments Received To Date:
`
`$163.031.93
`30
`$ 163,031.93
`3 62.239.45
`$100,792.48
`3 25,601.45
`$ 62,239.45
`
`'receipt
`of
`acknowledges
`supplier
`or
`undersigned
`The
`subcontractor,
`contractor,
`hereby
`to the Total Payments Received To Date stated
`And aggregate payments equal
`325,60L45
`for ag amounts due for the Contract Work as of
`in fuII
`above. These amounts represent payment
`or Borrower
`this Payment Receipt under our contract with the General Contractor
`the date of
`identified above as increased or decreased by the Change Order Amounts also specified above.
`
`forth above are true and correct, and .
`the amoums set
`that
`hereby certifies
`The undersigned
`costs or claims for any extras or additions for labor and .
`acknowledges that there are no additional
`material on the above described Premises other than those included in the Contract Amount and
`Change Order Amounts set forth above,
`
`-
`
`its successors and assigns and anyone else acting or claiming
`by or
`for itself,
`The undersigned,
`to the extent of the aforesaid Total Payments Received to
`through it, hereby releases and waives,
`mechanic' s lien or other lien, or claim to mechanic's
`lien or other lien, which
`Date, entirely any
`for such labor, materials,
`service and supplies
`the undersigned may now or hereafter have,
`upon the above described Premises. The undersigned
`for use in or performed
`furnished
`and warrants that as of
`the date hereof all bills
`supplied and/or
`for materials
`labor
`furnished on this job for us have been fully paid by us and no amounts are due to or for us for
`any materials or work in place.
`uly authorized, executed and delivered by the undersigned this
`
`, 20_4
`
`/4 day of
`
`/4 kg
`
`Contractor:
`
`.
`
`B,; J
`
`Name:
`
`Title:
`
`t'
`
`r
`
`Subscribed and sworn to before
`me
`'s
`day of
`s
`
`, 20 J$
`
`Notary Public (Stamp and Seal)
`FRAIDYGolf BERGER
`NotaryPublic,Stateof Hewvork
`No.oiGO62T7001
`CAbusir1ess¼0&pYeddalthnt$%tti
`cwøusion Exptresscratch4,2e17
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`WAIVER
`
`OF LIEN
`
`Premises: 661 Flushing Avenue
`Owner: 661F Realty LLC
`General Contractor; B1ustone Contracting LLC
`Sub: Baypon
`Contract For:Blacks
`Completed to Dale:7/21/2Dl6
`Original Contract Amount:
`Change Order Amounts:
`Adjusted Contract Amount:
`Antount of Work Complete To Date;
`Retainage Amount Not Yet Due:
`Net Amount Due Now:
`Total Payments Received To Date-:
`
`$163,03L93
`$0
`S 163,031,93
`3 84.219.20
`578,812.73
`5 21,979,75
`$ 84,219.20
`
`of
`receipt
`acknowledges
`or supplier
`undersigned
`contractor,
`The
`subcontractor,
`hereby
`to the Total Payments Received To Date .stated
`stated
`$21,979.75 And aggregate payments
`equal
`the Contract Work as of
`for all amounts due for
`above. These amounts represent payment
`in full
`or Borrower
`this Payment Receip1 under our contract with the General Contractor
`the date of
`identified above as increased or decreased by the Change Order Amounts also specified,above.
`
`the amounts set forth above are true and correct, and
`that
`The undersigned hereby certifies
`costs or claims for any extras or additions for labor and
`acknowledges that there are no additional
`than those included in the Contract Amount and
`material on the above described Premises other
`Change Order Amounts set forth above.
`
`its successors end assigns and anyone else acting or claiming
`by or
`for itself,
`'the undersigned,
`to the extent of the aforesaid Total Payments Received to
`through it, hereby releases and waives,
`lien or other lien, which
`lien, or claim to mechanio's
`lien or other
`Date, entirely any mechanic's
`service and supplies
`the undersigned may now or hereafter
`for such labor, materials,
`have,
`upon the above described Premises. The undersigned
`for use in or performed
`represents and warrants that as of.the date hereof all bills for materials supplied and/or
`labor
`furnished on this job for us have been fully paid by us and no amounts are due to or for us for
`any materials or work in place,
`uly authorized, executed and delivered by the undersigned this
`
`, 20
`
`~
`
`day of
`
`Contractor;
`
`e,
`
`b( 6
`
`ore
`
`tion......16rP.
`
`By:
`
`Narnei
`
`Title:
`
`r
`
`Subscribed and swom to before
`me this 21_
`of
`
`. 20 k
`
`hfotary
`
`ublic (Stamp and Seal)
`FRAIDYGOLDBERGER
`NotaryPub0c,Stateof NewYork
`c
`'-""""el,ihei'~Iattt
`uatuffttegk333~iree QeyahevMTr
`
`'I
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`'I
`
`WAlVER
`
`OF LIEN
`
`Premises: 661 Flushing Avenue
`Owner: 661F Realty LLC
`Blustone Contracting LLC
`General Contactor:
`Sub; Bayport
`I)locks
`Contract For;
`Completed to Date:8/3/2016
`Original Contract Amount;
`Change Order Amounts:
`A‡usted Contract Amount:
`Amount of Work Complete To Date:
`Retainage AmountNot
`Yet Due:
`'
`Net Amount DueNoun
`Total Payments Received To Date:
`
`$163,031.93
`60
`$ 163,031.93
`.,3~1061
`26 106,198.40
`$ 56,833.53
`$ 21,979.75 ,
`3 106,198.40
`
`receipt Of
`acknowledgeS
`supplier
`The undersigned
`or
`hereby
`subcontractor,
`contractor,
`to the Total Payments Received To Date stated
`And aggregate payments equal
`S2L979.75
`for all amounts due for the Contract
`full
`gas of
`above. These amounts represent paymentin
`this Payment Receipt under our contract with the General Contractor
`or Borrower
`the date of
`identified above as increased or decreased by the Change Order Amounts alsospecified
`above.
`
`forth above are true and correct, and
`The undersigned
`the amounts set
`that
`hereby certifies
`there are no additional costs or claims for any extras or additions for labor and
`acknowledges that
`material on the above described Premises other than those included in the Contract Amount and
`Change Order Amounts set forth above,
`
`its successors and assigns and anyone else acting or claiming by or
`for
`The undersigned,
`itself,
`to the extent ofthe aforesaid Total Payments Received to
`thmugh it, hereby releases and waives,
`lien or other lien, or claim to mechanic's
`lion or other lien, which
`Date, entirely any mechanic's
`or'
`service and supplies
`the undersigned may now or hereafter have,
`for such labor, materials,
`upon the above described Premises. T1e undersigned
`for use in or performed
`furnished
`supplied and/or
`represents and warrants that as of
`labor
`the date hereof all bills for materials
`furnished on this job for us have been fully paid by us and no amounts are due to or for us for
`any materials or work in place.
`uly authorized, executed and delivered by theundersigned
`
`, 201.
`
`.
`e/s
`/
`raed
`
`this_L_
`
`day of A
`
`Contractor:
`
`,r
`
`stf Û#nJ
`
`By:
`
`Name:
`
`Title:
`
`S/D
`
`-
`
`Subscribed and sworn to before
`me this BB
`lay of
`Js
`
`, 20 fi.
`
`Ñotary Public (Stamp and Seal)
`FRAIDYGOLDBERGEER
`NotaryPubh.5tate of NewYork
`No.01G00277091•
`cabusinessW&pAdägy,ire
`
`
`tftefptt4,20174,sc17
`
`EetyifestrterctrCorrrirrieetarrcprrrrftieetadtEepires
`
`.
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`v
`
`I
`
`WAIVER
`
`OF LIEN
`
`PrerAises: 661 Flushing Avenue
`Owner; 661F Realty LLC
`General Contracton Blustone Contracting LLC
`Sub: Bayport
`Contract For: Blocks
`Completed to Date:8/17/2016
`Original Contract Amount:
`Change Order Amounts:
`Adjusted Contract Amount:
`Amount of Work Complete To Date:
`Retainage Amount Not Yet Due:
`Net Amount Due Now;
`Total Payments Received To·Date:
`
`$163,031,93
`SD
`S 163,031.93
`.90
`S 125,127.90 ,
`S 37,904.03
`$ 18,929.50
`8 125,127#0
`
`receipt
`of
`-hereby acknowledges
`or
`undersigned
`supplier
`The
`contractor,
`subcontractor,
`to the Total Payments Received To Date stated
`$18,929.03 And aggregate payrnents equal
`in full
`for all amounts due for the contrast Work os of
`above, These amounts represent payment
`this Payment Receipt under our contract with the General Contractor
`the date of
`or Borrower
`identified above as increased or decreased by the Change Order Amouñts also specified above.
`
`forth above are true and correct, and
`The undersigned hereby certifies
`that
`the amounts set
`acknowledges that there are no additional
`costs or claims for any extras or additions for labor and
`material on the above described Premises other than those included in the Contract Amount and
`Change Order Amounts set forth above.
`
`its successors and assigns and anyone else acting or claiming by or
`for
`The undersigned,
`itself,
`through it, hereby releases and waives,
`to the extent of the aforesaid Total Payments Received to
`lieri or other lien, or claim to mechanic's lien or other
`Date, entirely any mechanic's
`lien, which
`the undersigned may now or hereafter have,
`service and supplies
`for such labor, materials,
`furnished
`for use in or performed
`upon the obove described Premises.
`The undersigned
`represents and warrants that as of
`the date hereof all bills for materials supplied
`and/or
`labor
`Sanished on this job for us have been fully paid by us and no amounts are due to or for us for
`any materials or work in place.
`~.,
`uly authorized, executed and delivered by the undersigned this
`
`,
`
`20[Ç,
`
`day of
`
`.
`
`Contractor:.
`
`( plit
`
`By:
`
`fit
`
`r
`
`Name
`
`Title
`
`1
`
`Subscribed and sworn to befpre
`of
`me this fl_day
`43
`
`, 20 {
`
`Notary/Public
`(Stamp and Seal)
`FRAIDVGOLDBEBGER
`NolaryPub Stateof NewYork
`fsoesrrcat
`HD or
`chsiness
`fokktstr
`(mtrrrrrtaeroftaeprfeeMarch4,201r
`
`

`

`FILED: QUEENS COUNTY CLERK 02/21/2018 05:52 PM
`NYSCEF DOC. NO. 50
`
`INDEX NO. 709963/2016
`
`RECEIVED NYSCEF: 02/21/2018
`
`13
`
`jj
`
`t
`
`WAIVER
`
`OF LIEN
`
`Premises: 661 Flushing Avenue
`Owner: 661F Realty LLC
`General Contractor: Blustone Contracting LLC
`Sub: Bayport
`Contract For: Blocks
`Completed to Date:8/17/2016
`$163,031,93
`Original Contract Amount;
`SO
`Change Order Amounts:
`$ 163,03L93
`Adjusted Contract Amount:
`$ 148,03L93
`Amount of Work Complete To Date:
`$ 15,000
`Retainage Amount Not Yet Due:
`$ 16,866,53
`Net Amount Due Now:
`$ 148,031.93
`Total Payments Received To Date:
`of
`receipt
`acknowledges
`or
`supplier
`undersigned
`The
`subcontractor,
`contractor,
`hereby
`to the Total Payments Received To Date stated
`$16,866.53 And aggregate payments equal
`the Contract Work as of
`for all amounts due for
`above, These amounts represent payment
`in fell
`this Payment Receipt under our contract with the General Contraetor or Borrower
`the date of
`identified above as increased or decreased by the Change Order Amounts also specified above,
`
`forth above are true and correct, and
`the amounts set
`The undersigned hereby certifies
`that
`acknowledges that there are no additional costs or claims for any extras or additions for labor and
`material on the above described Premises other than those included in the Contract Amount and
`Change Order Amounts set forth above.
`
`its successors and assigns and

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