FILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`NYSCEF DOC. NO. 38
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`INDEX NO. 609625/2022
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`RECEIVED NYSCEF: 06/12/2023
`
`EXHIBIT C
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`7901900.1
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
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`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
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`
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`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
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`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`
`
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`
`
`Index No. 609625/2022
`
`
`
`SUPREME COURT OF THE OF NEW YORK
`COUNTY OF SUFFOLK
`----------------------------------------------------------------------X
`OL BLUE POINT II, LLC,
`
` Plaintiff,
`
` -against-
`
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`
` Defendant.
`----------------------------------------------------------------------X
`
`
`
`COUNSELORS:
`
`
`STATEMENT PURSUANT TO RULE 3402(b) OF
`THE CIVIL PRACTICE LAW AND RULES
`
`
`
`
`PLEASE TAKE NOTICE, that third-party defendant(s), was impleaded as third-party
`
`defendant herein pursuant to Section 1007 of the New York Civil Practice Law and Rules which
`
`grants permission to issue a summons and third-party complaint against the above-mentioned
`
`parties. The title of the action now reads as follows:
`
`
`
`Index No. 609625/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`--------------------------------------------------------------------X
`OL BLUE POINT II, LLC,
`
` Plaintiff,
`
`
`
`
`
`
`
` -against-
`
`
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`
` Defendant.
`
`-------------------------------------------------------------------X
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
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`
`
`
`
`Third-Party Plaintiff,
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`1 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`
`
`
`
`
`
`-against-
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`
`
`
`
`
`
`TP Index:
`
`
`
`
`
`JENTO CONSTRUCTION, INC., TOM MACHIN
`CONTRACTING, INC., TRUE MECHANICAL CORP.,
`TWO B'S PLUMBING CORP., ORNSTEIN LEYTON
`REALTY INC., NORTHRIDGE CONSTRUCTION
`CORP., and OL BLUE POINT CONSTRUCTION
`MANAGER LLC,
`
`Third-Party Defendants.
`
`
`
`-------------------------------------------------------------------X
`
`Dated: January 31, 2023
`
`Melville, New York
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`Yours, etc.
`
`GREENBLATT AGULNICK KREMIN P.C.
`
`By: _____________________________
` Scott E. Agulnick, Esq.
`Attorneys for Defendant/Third-Party Plaintiff
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`510 Broadhollow Road, Suite 303
`Melville, New York 11747
`Tel: (718) 352-4800
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`CERTILMAN BALIN ADLER & HYMAN, LLP
`Attorneys for Plaintiff
`OL BLUE POINT II, LLC
`100 Motor Parkway, Suite 560
`Hauppauge, New York 11788
`Tel: (631) 979 - 3000
`
`JENTO CONSTRUCTION, INC.
`455 Route 25A
`Rocky Point, New York 11778
`
`TOM MACHIN CONTRACTING, INC.
`349 Smith Road
`East Moriches, New York 11967
`
`
`2 of 16
`
`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`TRUE MECHANICAL CORP.
`20 Feldland Street
`Bohemia, New York 11716
`
`TWO B’S PLUMBING CORP.
`2087 Osborne Avenue
`Calverton, New York 11933
`
`ORNSTEIN LEYTON REALTY INC.
`P.O. Box 256
`Blue Point, New York 11715
`
`NORTHRIDGE CONSTRUCTION CORP.
`1155 Montauk Highway
`East Patchogue, New York 11772
`
`OL BLUE POINT CONSTRUCTION MANAGER LLC
`200 Garden City Plaza, Suite 415
` Garden City, New York 11530
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`3 of 16
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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`
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`THIRD-PARTY
` SUMMONS
`
`
`Index No. 609625/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`--------------------------------------------------------------------X
`OL BLUE POINT II, LLC,
`
` Plaintiff,
`
`
`
`
`
`
`
` -against-
`
`
`
`
`
`
`
`
`
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`
` Defendant.
`
`-------------------------------------------------------------------X
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`
`
`
`
`
`
`JENTO CONSTRUCTION, INC., TOM MACHIN
`CONTRACTING, INC., TRUE MECHANICAL CORP.,
`TWO B'S PLUMBING CORP., ORNSTEIN LEYTON
`REALTY INC., NORTHRIDGE CONSTRUCTION
`CORP., and OL BLUE POINT CONSTRUCTION
`MANAGER LLC,
`
`Third-Party Defendants.
`
`
`
`-------------------------------------------------------------------X
`
`
`
`
`
`-against-
`
`Third-Party Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`TP Index:
`
`TO THE ABOVE-NAMED THIRD-PARTY DEFENDANTS:
`
`
`
`
`
`YOU ARE HEREBY SUMMONED, to answer the Complaint of the Defendants/Third-
`
`Party Plaintiffs and of the Plaintiff OL BLUE POINT II, LLC, copies of which are hereby served
`
`upon you, and to serve copies of your Answer upon the undersigned attorneys for the
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`Defendant/Third-Party Plaintiff, MARCOR CONSTRUCTION ROOFING & MORE, INC., upon
`
`GREENBLATT AGULNICK KREMIN P.C., 510 Broadhollow Road, Suite 303, Melville, New
`
`York 11747, and upon CERTILMAN BALIN ADLER & HYMAN, LLP, 100 Motor Parkway,
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`4 of 16
`
`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`Suite 560, Hauppauge, New York 11788 , Attorneys for Plaintiff(s) OL BLUE POINT II, LLC,
`
`within twenty (20) days after the service of the Summons and Third-Party Complaint or thirty (30)
`
`days if not served upon you personally within the State of New York, exclusive of the date of
`
`service.
`
`
`
`In case of your failure to answer the Complaint of the Third-Party Plaintiff, judgment will
`
`be taken against you by default for the relief demanded in Third-Party Complaint.
`
`
`
`Dated: January 31, 2023
`
`Melville, New York
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`GREENBLATT AGULNICK KREMIN P.C.
`
`By: _____________________________
` Scott E. Agulnick, Esq.
`Attorneys for Defendant/Third-Party Plaintiff
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`510 Broadhollow Road, Suite 303
`Melville, New York 11747
`Tel: (718) 352-4800
`
`
`
`
`
`TO:
`
`CERTILMAN BALIN ADLER & HYMAN, LLP
`Attorneys for Plaintiff
`OL BLUE POINT II, LLC
`100 Motor Parkway, Suite 560
`Hauppauge, New York 11788
`Tel: (631) 979 - 3000
`
`JENTO CONSTRUCTION, INC.
`455 Route 25A
`Rocky Point, New York 11778
`
`TOM MACHIN CONTRACTING, INC.
`349 Smith Road
`
`5 of 16
`
`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`East Moriches, New York 11967
`
`TRUE MECHANICAL CORP.
`20 Feldland Street
`Bohemia, New York 11716
`
`TWO B’S PLUMBING CORP.
`2087 Osborne Avenue
`Calverton, New York 11933
`
`ORNSTEIN LEYTON REALTY INC.
`P.O. Box 256
`Blue Point, New York 11715
`
`NORTHRIDGE CONSTRUCTION CORP.
`1155 Montauk Highway
`East Patchogue, New York 11772
`
`OL BLUE POINT CONSTRUCTION MANAGER LLC
`200 Garden City Plaza, Suite 415
` Garden City, New York 11530
`
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`6 of 16
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`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`--------------------------------------------------------------------X
`OL BLUE POINT II, LLC,
`
`Plaintiff,
`
`THIRD-PARTY
`COMPLAINT
`
`-against-
`
`Index No. 609625/2022
`
`MARCOR CONSTRTUCTION ROOFING &
`MORE, INC.,
`
`Defendant.
`
`-------------------------------------------------------------------X
`MARCOR CONSTRTUCTION ROOFING &
`MORE, INC.,
`
`Third-Party Plaintiff,
`
`TP Index:
`
`-against-
`
`JENTO CONSTRUCTION, INC., TOM MACHIN
`CONTRACTING, INC., TRUE MECHANICAL CORP.,
`TWO B'S PLUMBING CORP., ORNSTEIN LEYTON
`REALTY INC., and OL BLUE POINT CONSTRUCTION
`MANAGER LLC,
`
`Third-Party Defendants.
`-------------------------------------------------------------------X
`
`The Defendant and Third-Party Plaintiff, MARCOR CONSTRUCTION ROOFING &
`
`MORE, INC., by their attorneys, GREENBLATT AGULNICK KREMIN P.C., as and for their
`
`Third-Party Complaint
`
`against
`
`the
`
`above-named Third-Party Defendants
`
`JENTO
`
`CONSTRUCTION, INC., TOM MACHIN CONTRACTING, INC., TRUE MECHANICAL
`
`CORP., TWO B'S PLUMBING CORP., ORNSTEIN LEYTON REALTY INC., and OL BLUE
`
`POINT CONSTRUCTION MANAGER LLC, alleges upon information and belief the following:
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`7 of 16
`
`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`THE PARTIES
`
`1.
`
`At all times hereinafter mentioned, the Defendant/Third-Party Plaintiff, MARCOR
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`CONSTRUCTION ROOFING & MORE, INC., (hereinafter referred to as “MARCOR”), is a
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`corporation organized and existing under the laws of the State of New York with a principal place
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`of business located at 419A Great Neck Road, West Babylon, New York 11704.
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`2.
`
`That at all
`
`times hereinafter mentioned, Third-Party Defendant JENTO
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`CONSTRUCTION, INC., (hereinafter “JENTO”) was and continues to be a domestic corporation
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`existing under and by virtue of the laws of the State of New York with its principal offices located
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`at 544 Route 25A, Rocky Point, New York 11778.
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`3.
`
`That at all times hereinafter mentioned, Third-Party Defendant TOM MACHIN
`
`CONTRACTING, INC., (hereinafter “MACHIN CONTRACTING”) was and continues to be a
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`domestic corporation existing under and by virtue of the laws of the State of New York with its
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`principal offices located at 349 Smith Road, East Moriches, New York, 11967.
`
`4.
`
`That at all
`
`times hereinafter mentioned, Third-Party Defendant TRUE
`
`MECHANICAL CORP., (hereinafter “TRUE MECHANICAL”) was and continues to be a
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`domestic corporation existing under and by virtue of the laws of the State of New York with its
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`principal offices located at 20 Feldland St, Bohemia, New York 11716.
`
`5.
`
`That at all times hereinafter mentioned, Third-Party Defendant TWO B'S
`
`PLUMBING CORP., (hereinafter “TWO B’S”) was and continues to be a domestic corporation
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`existing under and by virtue of the laws of the State of New York with its principal offices located
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`at 2087 Osborne Ave, Calverton, New York, 11933.
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`6.
`
`That at all times hereinafter mentioned, Third-Party Defendant ORNSTEIN
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`LEYTON REALTY INC. (hereinafter “ORNSTEIN LEYTON”) was and continues to be a
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`8 of 16
`
`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`domestic corporation existing under and by virtue of the laws of the State of New York with its
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`principal offices located at P.O. Box 256, Blue Point, New York 11715.
`
`7.
`
`That at all times hereinafter mentioned, Third-Party Defendant NORTHRIDGE
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`CONSTRUCTION CORP. (hereinafter “NORTHRIDGE”) was and continues to be a domestic
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`corporation existing under and by virtue of the laws of the State of New York with its principal
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`offices located at 1155 Montauk Highway, East Patchogue, New York 11772.
`
`8.
`
`That at all times hereinafter mentioned, Third-Party Defendant OL BLUE POINT
`
`CONSTRUCTION MANAGER LLC (hereinafter “OL BLUE POINT MANAGER”) was and
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`continues to be a domestic corporation existing under and by virtue of the laws of the State of New
`
`York with its principal offices located at 200 Garden City Plaza, Suite 415, Garden City, New
`
`York 11530.
`
`9.
`
`That at all times hereinafter mentioned, OL BLUE POINT II, LLC and MARCOR
`
`are parties to an Agreement, dated November 4, 2019 (the “agreement”), pursuant to which
`
`MARCOR agreed to provide certain construction services and materials with respect to a real
`
`estate development project named The Vineyards at Bluepoint, 1000 Sunrise Highway, Blue Point,
`
`New York 11715 (the “Vineyards”), and limited to the scope agreed to by MARCOR.
`
`10.
`
`That Plaintiff OL BLUE POINT II, LLC commenced a lawsuit, in the Supreme
`
`Court of the State of New York for the County of Suffolk under Index. #609625/2022. A copy of
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`the Complaint in in said action is annexed hereto as EXHIBIT A and incorporated by reference
`
`herein (the “First-Party Action Complaint”).
`
`11.
`
`That Plaintiff alleged breach of the contract between MARCOR and OL BLUE
`
`POINT II, LLC related to the work performed by MARCOR.
`
`12.
`
`That at all times hereinafter mentioned, Plaintiff OL BLUE POINT II, LLC, its
`
`contractors, management, and/or project managers also utilized and contracted with Third-Party
`
`9 of 16
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`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`Defendants as for aspects of the work necessary for the Vineyards project.
`
`13.
`
`That MARCOR denies any breaches under the contract between MARCOR and
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`OL BLUE POINT II, LLC.
`
`14.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
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`Defendant JENTO was contracted to install the PVC coverings at the Vineyard on or about work
`
`performed by MARCOR.
`
`15.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
`
`Defendant MACHIN CONTRACTING was contracted to construct and work on the siding of the
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`structure at the Vineyard in or about work performed by MARCOR.
`
`16.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
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`Defendant TRUE MECHANICAL was contracted to do the requisite HVAC work at the Vineyard
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`on or about work performed by MARCOR.
`
`17.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
`
`Defendant TWO B’S was contracted to do the plumbing work at the Vineyard on or about work
`
`performed by MARCOR.
`
`18.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
`
`Defendant ORNSTEIN LEYTON undertook, assumed, and/or contracted with OL BLUE POINT
`
`II, LLC, or its agents, to manage, supervise, orchestrate, and coordinate the project at the Vineyards
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`and the activities of the other Third-Party Defendants herein.
`
`19.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
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`Defendant NORTHRIDGE was contracted to install posts at the Vineyard on or about work
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`performed by MARCOR.
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`20.
`
`That at all times hereinafter mentioned, upon information and belief, Third-Party
`
`Defendant OL BLUE POINT CONSTRUCTION MANAGER LLC undertook, assumed, and/or
`
`10 of 16
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`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`contracted with OL BLUE POINT II, LLC, or its agents, to manage, supervise, orchestrate, and
`
`coordinate the project at the Vineyards and the activities of the other Third-Party Defendants
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`herein.
`
`21.
`
`That the work performed by the Third-Party contractors was performed under the
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`supervision, coordination, and management of the Plaintiff OL BLUE POINT II, LLC, its
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`managers, agents, or contractors.
`
`
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`22.
`
`AND AS FOR A FIRST CAUSE OF ACTION
`AGAINST ALL THIRD-PARTY DEFENDANTS
`
`That Defendants/Third-Party Plaintiff repeats and re-alleges all of the allegations
`
`set forth above as if more fully set forth at length herein.
`
`23.
`
`That during the respective work Third-Party Defendants conducted at the Vineyard
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`pursuant to their respective contracts with OL BLUE POINT II, LLC, direction of Plaintiff, and
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`under the management of Plaintiff, Third-Party Defendants’ culpable acts and omissions gave rise
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`to the damages alleged in the First-Party Action Complaint.
`
`24.
`
`That in regards to the manner in which they performed their work at the premises,
`
`Third-Party Defendants caused all or part of the damages alleged in the First-Party Action
`
`Complaint.
`
`25.
`
`That MARCOR committed no actual wrongdoing on the Project with respect to the
`
`damages alleged in the First-Party Action Complaint.
`
`26.
`
`As a direct and proximate cause of Third-Party Defendants’ breaches, culpable acts
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`and omissions, negligence, carelessness, and/or recklessness, jointly and severally, and
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`individually, the Vineyard was allegedly damaged resulting in the claim against MARCOR in the
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`First-Party Complaint.
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`11 of 16
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`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`27.
`
`That if MARCOR is found liable to underlying Plaintiff OL BLUE POINT II, LLC,
`
`MARCOR is entitled to common law indemnification from Third-Party Defendants pursuant to
`
`the common law of the State of New York for fully, partially, and/or jointly causing the harm OL
`
`BLUE POINT II, LLC’s claims in the First-Party Action Complaint, including costs and
`
`disbursements, together with the expenses incurred in this action, including reasonable attorneys’
`
`fees.
`
`AND AS FOR A SECOND CAUSE OF ACTION
`AGAINST ALL THIRD-PARTY DEFENDANTS
`
`28.
`
`That Defendants/Third-Party Plaintiff repeats and re-alleges each and every
`
`allegation contained in all paragraphs herein as if more fully set forth herein.
`
`29.
`
`That if OL BLUE POINT II, LLC recovers damages against MARCOR by reasons
`
`set forth in the First-Party Action Complaint, then MAROR will be entitled to a claim over and
`
`against Third-Party Defendants for an apportionment of said liability by reason of Third-Party
`
`Defendants’ breaches, culpable acts and omissions, negligence, carelessness, and/or recklessness,
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`jointly and severally, and individually, in regards to the manner in the manner in which they
`
`performed their work at the Vineyards premises.
`
`30.
`
`It is further alleged that Third-Party Defendants were negligent and/or strictly liable
`
`in failing to comply with local, Federal and State rules and regulations.
`
`31.
`
`That if MARCOR is found liable to underlying Plaintiff OL BLUE POINT II, LLC,
`
`MARCOR is entitled to common law contribution from Third-Party Defendants pursuant to the
`
`common law of the State of New York for fully, partially, and/or jointly causing the harm OL
`
`BLUE POINT II, LLC claims in the First-Party Action Complaint, including costs and
`
`disbursements, together with the expenses incurred in this action, including reasonable attorneys’
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`fees.
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`WHEREFORE, Defendants/Third-Party Plaintiff MARCOR CONSTRTUCTION
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`12 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
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`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
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`
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`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
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`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`ROOFING & MORE, INC., demand judgment against Third-Party Defendants JENTO
`
`CONSTRUCTION, INC., TOM MACHIN CONTRACTING, INC., TRUE MECHANICAL
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`CORP., TWO B'S PLUMBING CORP., ORNSTEIN LEYTON REALTY INC., and OL BLUE
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`POINT CONSTRUCTION MANAGER LLC, as follows:
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`
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`a.
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`Under the FIRST Cause of Action, damages in an amount to be determined
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`at trial, plus legal fees incurred in the defense of the instant action, costs, and disbursements, plus
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`appropriate interest.
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`
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`b.
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`Under the SECOND Cause of Action, in an amount to be determined at
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`trial, plus legal fees incurred in the defense of the instant action, costs, and disbursements, plus
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`appropriate interest.
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`
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`c.
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`Appropriate interest, the costs and disbursements of this action, reasonable
`
`attorneys’ fees, and such other and further relief as the Court deems just and proper.
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`
`Dated:
`
`
`
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`Melville, New York
`January 31, 2023
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`Yours, etc.
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`GREENBLATT AGULNICK KREMIN P.C.
`
`
`By: _____________________________
` Scott E. Agulnick, Esq.
`Attorneys for Defendant/Third-Party Plaintiff
`MARCOR CONSTRUCTION ROOFING &
`MORE, INC.,
`510 Broadhollow Road, Suite 303
`Melville, New York 11747
`Tel: (718) 352-4800
`
`
`
`
`To:
`
`CERTILMAN BALIN ADLER & HYMAN, LLP
`Attorneys for Plaintiff
`
`13 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
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`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`
`OL BLUE POINT II, LLC
`100 Motor Parkway, Suite 560
`Hauppauge, New York 11788
`Tel: (631) 979 - 3000
`
`JENTO CONSTRUCTION, INC.
`455 Route 25A
`Rocky Point, New York 11778
`
`TOM MACHIN CONTRACTING, INC.
`349 Smith Road
`East Moriches, New York 11967
`
`TRUE MECHANICAL CORP.
`20 Feldland Street
`Bohemia, New York 11716
`
`TWO B’S PLUMBING CORP.
`2087 Osborne Avenue
`Calverton, New York 11933
`
`ORNSTEIN LEYTON REALTY INC.
`P.O. Box 256
`Blue Point, New York 11715
`
`NORTHRIDGE CONSTRUCTION CORP.
`1155 Montauk Highway
`East Patchogue, New York 11772
`
`OL BLUE POINT CONSTRUCTION MANAGER LLC
`200 Garden City Plaza, Suite 415
` Garden City, New York 11530
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`14 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 08/12/2023 03:38 P
`
`NYSCEF DOC. NO. 39
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`TNDEX NO. 609625/2022
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`
`
`
`RECEIVED NYSCEF: 08/12/2023
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`VERIFICATION
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`STATE OF NEW YORK
`
`8S.
`
`COUNTY OF
`
`GINA FARESE,being duly sworn,deposes and says:
`
`] am an agentof the Defendant corporation MARCOR CONSTRUCTION ROOFING &
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`MORE,INC,, and I haveread the foregoing Third-Party Complaint and know the contents thereof,
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`and the sameis true to my own knowledge,except as to those matters therein stated to be alleged
`
`on information andbelief, and as to those matters, I believe to betrue.
`
`:
`
`| heFARESE
`
`Swornto me before this 3mday ofJanuary2023
`
`
`
`HIO, STATE OF NEWYORK
`ae
`
`ot No, O1MAG4on2e7
`a
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`aUtHied tn Suffalle County
`a |
`cet Covhitsion Explras danuary 6, poD4
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`
`
`
`15 of 16
`15 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`
`NYSCEF DOC. NO. 19NYSCEF DOC. NO. 38
`
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
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`
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`
`
`Third-Party Plaintiff,
`
`Index No: 609625/2022 TP Index:
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`OL BLUE POINT II, LLC,
`
` Plaintiff,
`
`
`
`
`
`
` -against-
`
`MARCOR CONSTRUCTION ROOFING & MORE, INC.,
`
` Defendant.
`
`-------------------------------------------------------------------X
`MARCOR CONSTRUCTION ROOFING & MORE, INC.,
`
`
`
`
`
`
`JENTO CONSTRUCTION, INC., TOM MACHIN CONTRACTING, INC.,
`TRUE MECHANICAL CORP., TWO B'S PLUMBING CORP., ORNSTEIN
`LEYTON REALTY INC., NORTHRIDGE CONSTRUCTION CORP.,
`and OL BLUE POINT CONSTRUCTION MANAGER LLC,
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
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`Third-Party Defendants.
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`THIRD PARTY SUMMONS AND COMPLAINT
`
`
`GREENBLATT AGULNICK KREMIN P.C.
`Attorneys for DEFENDANTS/THIRD PARTY PLAINTIFF
`Office and Post Office Address, Telephone
`510 BROADHOLLOW ROAD SUITE 303
`MELVILLE, NEW YORK 11747
`TEL:
`(718) 352- 4800
`FAX:
`(718) 732- 2110
`“WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION (FAX)”
`
`
`
`
`To:
`Attorney(s) for THIRD-PARTY DEFENDANTS
`
`
`
`
`Certification pursuant to 22 NYCRR 130-1.1(a)
`It is hereby certified that, to the best of the undersigned’s knowledge, information and
`belief, formed after an inquiry reasonable under the circumstances, the presentation of the
`paper and/or the contentions herein are not frivolous as defined in section 130-1.1(c).
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`
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`
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`Service of a copy of the within is hereby admitted
`………………………………………………………………………………
`Attorney(s) for
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`
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`
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`__________________________
` SCOTT E. AGULNICK, ESQ.
`
`1/31/2023
` Dated
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`
`
`
`16 of 16
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 08/12/2023 03:83 PM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 26
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`
`INDEX NO. 609625/2022
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`RECEIVED NYSCEF: 08/12/2023
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`
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`EXHIBIT A
`EXHIBIT A
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`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 05/20/2022 04:33 PM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`INDEX NO. 609625/2022
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`RECEIVED NYSCEF: 05/20/2022
`
`
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`
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`Plaintiff,
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`-against-
`
`
`Index No. __________________
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`Plaintiff designates Suffolk County
`as the place of trial. The basis of
`venue is the residence of the
`defendant.
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`SUMMONS
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------x
`:
`OL BLUE POINT II, LLC,
`:
`
`:
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`:
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`:
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`:
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`:
`MARCOR CONSTRUCTION ROOFING &
`:
`MORE, INC.,
`:
`
`Defendants.
`
`
`
`:
`------------------------------------------------------------------x
`
`TO THE ABOVE-NAMED DEFENDANTS:
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`YOU ARE HEREBY SUMMONED to answer the Complaint in this action annexed
`
`hereto and to serve a copy of your Answer on the plaintiff's attorney(s) within twenty (20) days
`after the service of this Summons, exclusive of the day of service (or within thirty (30) days after
`the service is complete if this Summons is not personally delivered to you within the State of
`New York); and in the case of your failure to answer or appear, judgment will be taken against
`you by default for the relief demanded in the Complaint.
`
`Dated: Hauppauge, New York
`
`May 20, 2022
`
`
`
`
`
`CERTILMAN BALIN ADLER & HYMAN, LLP
`
`
`/s/ Jarrett M. Behar
`
`By:
`Jarrett M. Behar
`
`
`100 Motor Parkway, Suite 560
`Hauppauge, New York 11788
`(631) 979-3000
`
`Attorneys for Plaintiff
`
`
`
`
`
`TO: Marcor Construction Roofing & More, Inc.
`
`419A Great Neck Road
`West Babylon, New York 11704
`
`
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`1 of 5
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`7736781.1
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`

`

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`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 05/20/2022 04:33 PM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`INDEX NO. 609625/2022
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`RECEIVED NYSCEF: 05/20/2022
`
`
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`Index No. __________________
`
`
`COMPLAINT
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------x
`:
`OL BLUE POINT II, LLC,
`:
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`:
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`:
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`:
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`:
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`:
`MARCOR CONSTRUCTION ROOFING &
`:
`MORE, INC.,
`:
`
`Defendants.
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`
`
`:
`------------------------------------------------------------------x
`
`
`Plaintiff OL Blue Point II, LLC (“OL Blue Point”), by its attorneys Certilman Balin Adler
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`& Hyman, LLP, as and for its Verified Complaint against Marcor Construction Roofing & More,
`
`Inc. (“Marcor”), hereby alleges as follows:
`
`The Parties
`
`1.
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`OL Blue Point is a limited liability company organized and existing under the laws
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`of the State of New York with a principal place of business located at c/o Ornstein Leyton
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`Management LLC, 200 Garden City Plaza, Suite 415 Garden City, New York 11530.
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`2.
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`Upon information and belief, Marcor is a corporation organized and existing under
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`the laws of the State of New York with a principal place of business located at 419A Great Neck
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`Road, West Babylon, New York 11704.
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`Venue
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`3.
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`Venue is proper in this county pursuant to CPLR § 503(a).
`
`Background Facts
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`4.
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`OL Blue Point and Marcor are parties to an Agreement, dated November 4, 2019
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`(the “Agreement”), pursuant to which Marcor agreed to provide certain construction services and
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`7511094.1
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`2 of 5
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`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 05/20/2022 04:33 PM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`INDEX NO. 609625/2022
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`RECEIVED NYSCEF: 05/20/2022
`
`materials with respect to a real estate development project named The Vineyards at Bluepoint,
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`1000 Sunrise Highway, Blue Point, New York 11715 (the “Vineyards”).
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`5.
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`Specifically, Marcor agreed to provide the materials for and to install the flat roof
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`at Vineyards Buildings 7 and 8 (the “Roofs”) as set forth in and in accordance with the Nelson &
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`Pope approved site plan dated March 30, 2014 and the Gary D. Cannella Associates approved
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`building plans by the Town of Brookhaven dated June 27, 2014 and May 30, 2014 (the “Plans”).
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`6.
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`Pursuant to paragraph 8 of the Agreement, Marcor agreed to indemnify and hold
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`OL Blue Point harmless “against any claims, damages, losses and expenses, including legal fees,
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`arising out of or resulting from performance of” Marcor’s work pursuant to the Agreement.
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`7.
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`In addition, Marcor agreed to guarantee its work for one year from the date of
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`closing of title which is conterminous with the period that OL Blue Point has warranted said work
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`pursuant its warranties to its purchasers.
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`8.
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`Marcor also agreed to provide a manufacturer’s guarantee on all materials and a
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`two-year workmanship guaranty.
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`9.
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`Despite the above-referenced obligations, Marcor failed to install the flat roof at
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`Vineyards Buildings 7 and 8 in accordance with the Plans.
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`10.
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`Specifically, Marcor failed to ensure that the Roofs were installed in accordance
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`with the Plans and watertight by, among other things: (a) failing to install most of the required
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`pitch pockets; (b) failing to properly seal around guard rail posts; (c) failing to properly seal around
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`the vent pipes; (d) incorrectly installing the gutter terminations in a manner that allowed water to
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`back up under the roof edge and cause an ice damming situation in the winter months;
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`(e) improperly applying silicone to the SBS roof membrane, which voided the manufacturer’s
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`2
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`3 of 5
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`

`

`
`FILED: SUFFOLK COUNTY CLERK 02/17/2023 03:37 PMFILED: SUFFOLK COUNTY CLERK 06/12/2023 03:48 PM
`FILED: SUFFOLK COUNTY CLERK 05/20/2022 04:33 PM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. 609625/2022INDEX NO. 609625/2022
`INDEX NO. 609625/2022
`
`
`RECEIVED NYSCEF: 02/17/2023RECEIVED NYSCEF: 06/12/2023
`RECEIVED NYSCEF: 05/20/2022
`
`warranty; (f) failing to install slip sheets under the air conditioning condensing units; and (g) failing
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`to attach the outdoor roof decking to the structure.
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`11.
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`As a direct result of Marcor failing to ensure that the Roofs were installed in
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`accordance with the Plans and watertight, Buildings 7 and 8 suffered water intrusion and O