Falls Lake National Insurance Company v. 270 West Street LLC et al

Filing 104

JUDGMENT: It is hereby ORDERED AND ADJUDGED as against 270 WEST STREET LLC, CAPSTONE CONTRACTING CORP., FERNHILL CONSTRUCTION CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC., that there is no coverage for defense or indemnification of 270 WEST STREET LLC, CAPSTONE CONTRACTING CORP., FERNHILL CONSTRUCTION CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC., under the Policy for any of the claims asserted or could have been asserted against them in the Ochoa Action or any claims arising from or related to the accident asserted in the Ochoa Action, but the parties to the Ochoa Action do not waive or release the claims asserted in the Ochoa Action. (Signed by Judge Kimba M. Wood on 10/13/2020) (tro)

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 1 of 7

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

-----------------------------------------------------------------X
FALLS LAKE NATION INSURANCE COMP ANY

Docket No.:
1: 19-cv-10491-KMW-BCM

'

Plaintiff,
-against-

PROPOSED-JUDGMENT
270 WEST STREET LLC, CAPSTONE
CONTRACTING CORP., FERNHILL
CONSTRUCTION CORP., CHRISTHIAN
OCHOA, and C & R CONSTRUCTION/REN,
INC .,

USDCSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #=-----.--.---DATE FILED: lo\ 13

l~o

Defendants.

----------------------------------------------------------------X
Plaintiff FALLS LAKE NATIONAL INSURANCE COMPANY ("FALLS LAKE") and
the defendants as indicated, agree as follows:

WHEREAS, FALLS LAKE in this action seeks a declaration as to the denial of coverage
to

270

WEST

STREET

LLC,

CAPSTONE

CONTRACTING

CORP.,

FERNHILL

CONSTRUCTION CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC.,
under the Commercial General Liability Policy No. SKP 2000903 10 (the "Policy"), issued by
FALLS LAKE to FERNHILL CONSTRUCTION CORP., as to an accident claimed to have
occurred on or about February 12, 2018, at 440 Washington Street, New York, New York 10013,
and all claims asserted or which could be asserted by OCHOA or any party in that action captioned
Christian Ochoa v. 270 West Street, LLC et al, pending in the Supreme Court of the State of New
York, County of New York, under Index No.: 159073/2018, as well as the Third-Party Action
captioned 270 West Street, LLC v. Capstone Contracting Corp., Fernhill Construction Corp. and

1

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 2 of 7

all possible other claims arising from the accident and claims of Ochoa (all together referenced as
the "Ochoa Action"); and

WHEREAS,

defendants

CHRISTHIAN

CAPSTONE CONTRACTING CORP.,

OCHOA,

270

WEST

STREET

LLC,

and C & R CONSTRUCTION/REN, INC., have

appeared in this action and have disputed the claims asserted by FALLS LAKE as well as have
sought coverage under the Policy for the claims asserted in the Ochoa Action; and

WHEREAS, defendants CHRISTHIAN OCHOA, 270 WEST STREET LLC, and
CAPSTONE CONTRACTING CORP., and C & R CONSTRUCTION/REN, INC ., have now
come to an agreement with FALLS LAKE to resolve all issues as between them in this action as
to coverage under the Policy for the claims asserted in the Ochoa Action but CHRISTHIAN
OCHOA, 270 WEST STREET LLC, and CAPSTONE CONTRACTING CORP. , and C & R
CONSTRUCTION/REN, INC., do not settle and maintain all of the claims asserted in the Ochoa
Action; and

WHERAS CHRISTHIAN OCHOA, 270 WEST STREET LLC , and CAPSTONE
CONTRACTING CORP., and C & R CONSTRUCTION/REN, INC., agree that there is no
coverage for defense or indemnification of 270 WEST STREET LLC, CAPSTONE
CONTRACTING CORP ., FERNHILL CONSTRUCTION CORP., CHRISTHIAN OCHOA, and
C & R CONSTRUCTION/REN, INC., under the Policy for any of the claims asserted or could
have been asserted against them in the Ochoa Action or any claims arising from or related to the
accident asserted in the Ochoa Action, but the parties to the Ochoa Action do not waive or release
the claims asserted in the Ochoa Action; and

WHEREAS CHRISTHIAN OCHOA, 270 W EST STREET LLC , and CAPSTONE
CONTRACTING CORP., and C & R CONSTRUCTION/REN, INC ., consent to the entry of

2

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 3 of 7

judgment in this action declaring that there is no coverage for defense or indemnification of 270
WEST STREET LLC, CAPSTONE CONTRACTING CORP., FERNHILL CONSTRUCTION
CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC., under the Policy for
any of the claims asserted or could have been asserted against them in the Ochoa Action or any
claims arising from or related to the accident asserted in the Ochoa Action, but the parties to the
Ochoa Action do not waive or release the claims asserted in the Ochoa Action, it is hereby

ORDERED AND ADJUDGED as against 270 WEST STREET LLC, CAPSTONE
CONTRACTING CORP., FERNHILL CONSTRUCTION CORP., CHRISTHIAN OCHOA, and
C & R CONSTRUCTION/REN, INC., that there is no coverage for defense or indemnification of
270

WEST

STREET

LLC,

CAPSTONE

CONTRACTING

CORP.,

FERNHILL

CONSTRUCTION CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC .,
under the Policy for any of the claims asserted or could have been asserted against them in the
Ochoa Action or any claims arising from or related to the accident asserted in the Ochoa Action,
but the parties to the Ochoa Action do not waive or release the claims asserted in the Ochoa Action.

OCfobt.,

>

Dated: S@:ptsmb@r _\ _ , 2020

SO ORDERED and ADJUDGED:

UNITED STATES DISTRICT JUDGE KIMBA M. WOOD

3

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 4 of 7

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

-----------------------------------------------------------------X
FALLS LAKE NATION INSURANCE COMP ANY

Docket No.:
1: 19-cv-10491-KMW-BCM

'

Plaintiff,
-against-

STIPULATION
270 WEST STREET LLC, CAPSTONE
CONTRACTING CORP., FERNHILL
CONSTRUCTION CORP., CHRISTHIAN
OCHOA, and C & R CONSTRUCTION/REN,
INC.,
Defendants.

----------------------------------------------------------------X
Plaintiff FALLS LAKE NATIONAL INSURANCE COMPANY ("FALLS LAKE") and
the defendants as indicated, agree as follows:

WHEREAS, FALLS LAKE in this action seeks a declaration as to the denial of coverage
to

270

WEST

STREET

LLC,

CAPSTONE

CONTRACTING

CORP.,

FERNHILL

CONSTRUCTION CORP., CHRISTHIAN OCHOA, and C & R CONSTRUCTION/REN, INC.,
under the Commercial General Liability Policy No. SKP 2000903 10 (the "Policy"), issued by
FALLS LAKE to FERNHILL CONSTRUCTION CORP., as to an accident claimed to have
occurred on or about February 12, 2018, at 440 Washington Street, New York, New York 10013,
and all claims asserted or which could be asserted by OCHOA or any party in that action captioned
Christian Ochoa v. 270 West Street, LLC et al, pending in the Supreme Court of the State ofNew
York, County of New York, under Index No.: 159073/2018, as well as the Third-Party Action
captioned 270 West Street, LLC v. Capstone Contracting Corp., Fernhill Construction Corp. and

1

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 5 of 7

all possible other claims arising from the accident and claims of Ochoa ( all together referenced as
the "Ochoa Action"); and

WHEREAS,

defendants

CHRlSTHIAN

CAPSTONE CONTRACTING CORP.,

OCHOA,

270

WEST

STREET LLC,

and C & R CONSTRUCTION/REN, INC ., have

appeared in this action and have disputed the claims asserted by FALLS LAKE as well as have
sought coverage under the Policy for the claims asserted in the Ochoa Action; and

WHEREAS, defendants CHRISTHIAN OCHOA, 270 WEST STREET LLC, and
CAPSTONE CONTRACTING CORP., and C & R CONSTRUCTION/REN, INC., have now
come to an agreement with FALLS LAKE to resolve all issues as between them in this action as
to coverage under the Policy for the claims asserted in the Ochoa Action but CHRlSTHIAN
OCHOA, 270 WEST STREET LLC, and CAPSTONE CONTRACTING CORP., and C & R
CONSTRUCTION/REN, INC., do not settle and maintain all of the claims asserted in the Ochoa
Action, it is

NOW STIPULATED that CHRlSTHIAN OCHOA, 270 WEST STREET LLC, and
CAPSTONE CONTRACTING CORP ., and C & R CONSTRUCTION/REN, INC., agree that
there is no coverage for defense or indemnification of 270 WEST STREET LLC, CAPSTONE
CONTRACTING CORP., FERNHILL CONSTRUCTION CORP., CHRISTHIAN OCHOA, and
C & R CONSTRUCTION/REN, INC., under the Policy for any of the claims asserted or could
have been asserted against them in the Ochoa Action or any claims arising from or related to the
accident asserted in the Ochoa Action, but the parties to the Ochoa Action do not waive or release
the claims asserted in the Ochoa Action; and it is further

2

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 6 of 7

NOW STIPULATED that CHRJSTHIAN OCHOA, 270 WEST STREET LLC, and
CAPSTONE CONTRACTING CORP. , and C & R CONSTRUCTION/REN, INC., consent to
the entry of judgment in this action declaring that there is no coverage for defense or
indemnification of 270 WEST STREET LLC, CAPSTONE CONTRACTING CORP.,
FERNHILL

CONSTRUCTION

CORP.,

CHRJSTHIAN

OCHOA,

and

C

&

R

CONSTRUCTION/REN, INC., under the Policy for any of the claims asserted or could have been
asserted against them in the Ochoa Action or any claims arising from or related to the accident
asserted in the Ochoa Action, but the parties to the Ochoa Action do not waive or release the claims
asserted in the Ochoa Action.

Dated: September 25, 2020

LIAKAS LAW, P.C.

MIRANDA SLONE SK.LARIN
VERVENIOTIS LLP

Isl Anthony Deliso

Isl Steven Verveniotis

By:_ _ _ _ _ __ _ _ __ _ __
Anthony Deliso
65 Broadway, 13 th Floor
New York, New York 10158
[phone]
Attorney for Defendant
CHRISTHIAN OCHOA

By: _ _ __ _ __ _ __ _ __
Steven Verveniotis
240 Mineola Boulevard
Mineola, NY 11501
[phone]
Attorneys for Plaintiff
FALLS LAKE NATIONAL
INSURANCE COMP ANY

3

Case 1:19-cv-10491-KMW-BCM Document 104 Filed 10/13/20 Page 7 of 7

MOUND COTTON WOLLAN &
GREENGRASS LLP

MCMAHON, MARTINE &
GALLAGHER, LLP

/J~O.~
By,:-,-·-- ....-......__,.,.......-.t?(.,._"""·----....,,...,.._......,,...,....· .. .. · · · .:.·... .
- ·
Pamela Mfnetto ,_ -- . '
. ..

By~ ·: -

30A Vreeland Road
Florham Park, New Jersey 07932
Attorneys for Defendant~
270 West Street LLC and
C & R CONSTRUCTION/REN, INC.

4

: . . - . - .... ·. , .
-·
.
--Patrick Brop y .· '. /
55 Washingt;n S . " '')r.t Floor
:
Brooklyn, New York 11291
Attorney for Defendant
Capstone Construction Corp.