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)

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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 (516) 445-6274 Attorney for Defendant CHRISTHIAN OCHOA By: _ _ __ _ __ _ __ _ __ Steven Verveniotis 240 Mineola Boulevard Mineola, NY 11501 (516) 741-7676 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.

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