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WESTCHESTER FIRE INSURANCE COMPANY v. POLYMER NATION, LLC et al complaint

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JUDGE
NATHAN
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEWYORK
WESTCHESTER FIRE INSURANCE
)
COMPANY,
)
)
Case No.
Plaintiff,
14
W
479
The Plaintiff, Westchester Fire Insurance Company (“Westchester”), by and through
counsel, states the following for its Complaint for Indemnity and Equitable Relief against
Defendant Polymer Nation, LLC (“Polymer”), Defendant Prime Coat II, LLC (“Prime Coat”),
Defendant Rock-Tred II, LLC (“Rock-Tred”), Defendant Zahner Hansen Construction Group,
Inc. (“Zahner Hansen”), and Defendant Christopher O’Brien (“Mr. O’Brien”) (Polymer, Prime
Coat, Rock-Tred, Zahner Hansen, and Mr. O’Brien collectively, the “Indemnitors”):
I. THE PARTIES
1. Westchester Fire Insurance Company (“Westchester”) is a Pennsylvania
corporation with its corporate headquarters and principal place of business located in
Philadelphia, Pennsylvania.
2. Upon information and belief, Polymer is a limited liability company formed under
the law of the State of Illinois, with its principal place of business located in Waukegan, Lake
County, Illinois. Upon information and belief, Polymer may be served with process through its
V.
POLYMER NATION, LLC, PRIME COAT
II, LLC, ROCK-TRED II, LLC, ZAHNER
HANSEN CONSTRUCTION GROUP,
INC., and CHRISTOPHER O’BRIEN,
Defendants.
)
)
)
)
)
)
)
COMPLAINT FOR INDEMNITY AND EQUITABLE
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 1 of 14
Illinois registered agent, David F. Pardys, at 1860 W Winchester Ste. 201, Libertyville, Illinois
60048.
3. Upon information and belief, Prime Coat is a limited liability company formed
under the law of the State of Illinois, with its principal place of business located in Waukegan,
Lake County, Illinois. Upon information and belief, Prime Coat may be served with process
through its registered agent, David F. Pardys, at 1860 W Winchester Ste. 201, Libertyville,
Illinois 60048.
4. Upon information and belief, Rock-Tred is a limited liability company formed
under the law of the State of Illinois, with its principal place of business located in Waukegan,
Lake County, Illinois. Upon information and belief, Rock-Tred may be served with process
through its Illinois registered agent, David F. Pardys, at 1860 W Winchester Ste. 201,
Libertyville, Illinois 60048.
5. Upon information and belief, Zahner Hansen is an Illinois corporation with its
principal place of business located in Waukegan, Lake County, Illinois. Upon information and
belief, Zahner Hansen may be served with process through its Illinois registered agent, Sandra L.
Burkett, at 740 Florsheim Drive Ste. 11, Libertyville, Illinois 60048.
6. Upon information and belief, Mr. O’Brien is a citizen of the State of Illinois, who
resides and may be served with process at 1009 Ashley Lane, Libertyville, Illinois 60048.
II. JURISDICTION AND VENUE
7. This Honorable Court possesses original jurisdiction over Westchester’s
Complaint for Indemnity and Equitable Relief pursuant to 28 U.S.C.
§
1332(a) because the
matter in controversy exceeds the sum or value of $75,000.00 exclusive of interest and costs and
the matter in controversy is between citizens of different states.
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 2 of 14
8. This Honorable Court possesses the power to declare the respective rights and
other legal relations of Westchester and the Indemnitors as requested herein pursuant to 28
U.S.C.
§
220 1(a).
9. This Honorable Court possesses the authority to award the injunctive relief
requested herein pursuant to Rule 65 of the Federal Rules of Civil Procedure.
10. Venue is proper in the United States District Court for the Southern District of
New York, pursuant to 28 U.S.C.
§
112(b) and 28 U.S.C.
§
1391(a) because the Indemnity
Agreement executed by the Indemnitors, which is referenced in the paragraphs below and
attached to this Complaint provides as follows:
10. CHOICE OF LAW/FORUM — It is mutually agreed that this Agreement is
deemed made in the State of New York, regardless of the order in which the
signatures of the parties shall have been affixed and shall be interpreted, and the
rights and liabilities of the parties determined in accordance with the laws of the
State of New York. INDEMNITOR agrees that all actions or proceedings arising
directly or indirectly from this Agreement shall be litigated only in courts having
status within the State of New York, and consents to the personal jurisdiction and
venue of any local, state or Federal Court located therein.
11. This Honorable Court has personal jurisdiction over the Indemnitors because the
Indemnitors consented to the personal jurisdiction of this Court pursuant to the “choice of
law/forum” provision excerpted in the preceding paragraph.
III. FACTUAL ALLEGATIONS
The Indemnity Agreement
12. As an inducement of Westchester’s issuance of surety bonds on behalf of Zahner
Hansen, the Indemnitors executed the Agreement of Indemnity attached hereto as Exhibit 1 on
or about June 14, 2012 (the “Indemnity Agreement”).
13. Paragraph 1 of the Indemnity Agreement provides:
1. PREMIUMS & COLLATERAL FOR SURETYSHIP- The
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 3 of 14
1NDEMNITORS shall pay or cause to be paid to the SURETY both the
agreed premium and, upon written request by the SURETY at any time,
collateral security for its suretyship until the 1NDEMNITOR shall furnish to
the SURETY competent written evidence, satisfactory to the SURETY, of the
termination of any past, present and future liability under any Bond. The
INDEMNITOR expressly waives any right to interest which may be earned on
the collateral security and farther consents that the collateral security provided
in consideration of suretyship may be held by the SURETY in any investment
or depository that the SURETY in its sole discretion deems advisable and
prudent. The Surety’s election not to demand collateral at the inception of the
suretyship obligation shall not operate as a waiver of the right to demand and
receive such collateral at any time before liability has terminated under any
Bond.
14. Paragraph 2 of the Indemnity Agreement provides:
2. INDEMNITY & COLLATERAL FOR CLAIM- The INDEMI’JITOR shall
indemnify and save harmless the SURETY from and against any and all
liability, claim, demand, loss, damages, expense, cost, attorney’s fees and
expenses, including without limitation, fees and disbursements of counsel
incurred by the SURETY in any action or proceeding between the
1NDEMNITOR and the SURETY, or between the SURETY and any third
party, which SURETY shall at any time incur by reason of its execution of
any Bond or its payment of or its liability to pay any claim, irrespective of
whether the claim is made against the SURETY as a joint or several obligor
and whether the INDEMNITOR is then liable to make such payment, and to
place the SURETY in funds to meet all of its liability under any Bond,
promptly upon request and before the SURETY may be required to make any
payment thereunder, and copy of the claim, demand, voucher or other
evidence of the payment by the SURETY of any liability, claim, demand, loss,
damage, expense, cost and attorney’s fees, shall be prima facie evidence of the
fact and amount of INDEMNITOR’S liability to the SURETY under this
Agreement. Any demand upon the SURETY by the Obligee shall be sufficient
to conclude that a liability exists and the INDEMNITOR shall then place the
SURETY with sufficient funds in a form and amount deemed acceptable in
the SURETY’S sole discretion, as collateral security to cover the liability.
15. Paragraph 3 of the Indemnity Agreement provides:
3. OTHER INDEMNITY- The INDEMNITOR shall continue to remain bound
under the terms of this Agreement even though the SURETY may have
heretofore or hereafter, with or without notice to or knowledge of the
Principals and the INDEMNITOR, accepted or released other agreements of
indemnity or collateral in connection with the execution or procurement of
said Bonds, from the principals or TNDEMNITOR or others. The rights,
powers and remedies given the SURETY under this Agreement shall be and
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 4 of 14
are in addition to and not in lieu of, any and all other rights, powers and
remedies which the SURETY may have or acquire against the Principals and
INDEMNITOR or others, whether by the terms of any agreement or by
operation of law or otherwise.
16. Paragraph 11 of the Indemnity Agreement provides;
11. JOINT/SEVERAL- Each undersigned Indemnitor, its successors and assigns,
are jointly and severally bound by the foregoing conditions of this Agreement.
The Surety Bonds
17. In reliance upon the Indemnitors’ execution of the Indemnity Agreement,
Westchester issued Performance Bond No. K08534524 (the “Performance Bond”) and Payment
Bond No. K08534524 (the “Payment Bond”) (the Performance Bond and the Payment Bond
collectively, the “Bonds”), each naming Zahner Hansen and principal and Cloud County Public
Building Commission (the “County”) as obligee and each in the amount of $4,557,900.00. True
and correct copies of the Bonds are attached hereto as collective Exhibit 2.
18. Westchester issued the Bonds in connection with construction contract between
the County and Zahner Hansen (the “Bonded Contract”) involving a construction project known
as Cloud County Sheriff’s Office & Jail — Union Road & Fort Keamey Street, Concordia,
Kansas (the “Bonded Project”).
Claims and Exposure Under the Payment Bond and Performance Bond
19. As of the date of this Complaint, Westchester has received a number of claims,
and expects to continue to receive additional claims, against the Payment Bond that Westchester
issued on behalf of Zahner Hansen (collectively, the “Payment Bond Claims”).
20. As of the date hereof, the aggregate amount of the Payment Bond Claims asserted
against Westchester under the Payment Bond is not less than $409.269.99.
21. Upon information and belief the aggregate value of claims that could ultimately
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 5 of 14
be made under the Payment Bond may exceed $431,000.
22. As of the date of this Complaint, Westchester has made a payment in the amount
of $6,653.76 in relation to a claim by Abram Ready-Mix, Inc. under the Payment Bond, and
Westchester has made a payment in the amount of $77,246.73 in relation to a claim by Western
Extralite Company under the Payment Bond.
23. Westchester has and will continue to employ attorneys and consultants to
investigate Westchester’s various options under the Payment Bond and to investigate
Westchester’s potential exposure to liability and loss under the Payment Bond to all of the
Payment Bond Claims, the aggregate value of which are likely to exceed the aggregate value of
claims made against Westchester to date.
24. Westchester has incurred and continues to incur losses, fees, costs, and expenses
including, but not limited to, attorneys’ fees and consultants’ fees, by reason of having executed
the Payment Bond.
25. Upon information and belief, the County was holding not less than $328,365.64
proceeds of the Bonded Contract (the “Bonded Contract Proceeds”), of which $133,222.01 has
been paid to resolve a Payment Bond Claim asserted by Pauly Jail Building Co., Inc. and its
subcontractor in connection with the Bonded Contract.
26. Upon information and belief, the remaining balance of the Bonded Contract
Proceeds is not less than $195,143.63, against which the County is asserting the right to offset
for an alleged delay by Zahner Hansen in completing the Bonded Contract.
27. Upon information and belief, after deduction of the County’s alleged delay claim,
the remaining Bonded Contract Proceeds available to fund Payment Bond Claims that have been
made or that maybe made is approximately $43,000.
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 6 of 14
28. Westchester has received notice from the County that the County is considering
declaring a Contractor Default as that term is defined in the Performance Bond (the
“Performance Bond Claim Notice”). A true and correct copy of the Performance Bond Claim
Notice is attached hereto as Exhibit 3.
29. Westchester has incurred and continues to incur fees, costs, and expenses
including, but not limited to, attorneys’ fees and consultants’ fees, to investigate the allegations
contained in the Performance Bond Claim Notice, and Westchester’s potential exposure to
liability and loss under the Performance Bond.
30. Though Westchester continues to reserve any and all of its rights, remedies, and
defenses under the Indemnity Agreement, under the Payment Bond, under the Bonded Contract,
or otherwise, Westchester has determined that potential liability exists for losses and/or fees,
costs, and expenses for which the Indemnitors will be obliged to indemnify Westchester under
the terms of Indemnity Agreement.
The Indemnitors’ Failure to Indenmify or Deposit Collateral Security with Westchester
31. By letter dated April 22, 2014, Westchester made demand upon the Indemnitors
for a deposit of collateral in the amount of not less than $180,318.48 pursuant to the terms of
Paragraphs 1 and 2 of the Indemnity Agreement (the “Collateral Demand”). A true and correct
copy of Westchester’s Collateral Demand is attached hereto as Exhibit 4.
32. By letter dated May 8, 2014, Westchester supplemented its April 22, 2014,
collateral demand, and made demand upon the Indemnitors for a deposit of collateral of not less
than $281,640.21 pursuant to the terms of Paragraphs 1 and 2 of the Indemnity Agreement (the
“Supplemental Collateral Demand”). A true and correct copy of Westchester’s Supplemental
Collateral Demand is attached hereto as Exhibit 5.
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 7 of 14
33. To date, the Indemnitors have failed to deposit any cash collateral or other
collateral with Westchester.
IV. CLAIMS FOR RELIEF
COUNT I - Specific Performance of the Indemnity Agreement
34. Westchester hereby restates the averments contained in Paragraphs 1 through 33
of its Complaint for Indemnity and Equitable Relief as if fully set forth herein.
35. Paragraph 1 of the Indemnity Agreement provides, in pertinent part:
The INDEMNITORS shall pay or cause to be paid to the SURETY both the
agreed premium and, upon written request by the SURETY at any time, collateral
security for its suretyship until the 1NDEMNITOR shall furnish to the SURETY
competent written evidence, satisfactory to the SURETY, of the termination of
any past, present and future liability under any Bond.
36. Paragraph 2 of the Indemnity Agreement provides, in pertinent part:
The INDEMNITOR shall indemnify and save harmless the SURETY from and
against any and all liability, claim, demand, loss, damages, expense, cost,
attorney’s fees and expenses, including without limitation, fees and disbursements
of counsel incurred by the SURETY in any action or proceeding between the
INDEMNITOR and the SURETY, or between the SURETY and any third party,
which SURETY shall at any time incur by reason of its execution of any Bond or
its payment of or its liability to pay any claim, irrespective of whether the claim is
made against the SURETY as a joint or several obligor and whether the
INDEMNITOR is then liable to make such payment, and to place the SURETY in
funds to meet all of its liability under any Bond, promptly upon request and
before the SURETY may be required to make any payment thereunder. .
37. Though Westchester continues to reserve any and all of its rights, remedies, and
defenses under the Indemnity Agreement, under Payment Bond, under the Bonded Contract, or
otherwise, Westchester has determined, in its sole judgment, that potential liability exists for
losses, costs, fees, and expenses, including without limitation attorneys’ fees, as a result of the
Payment Bond Claims and the Performance Bond Claim Notice.
38. As of the date hereof, even though the County has paid $133,222.01 of the
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 8 of 14
aggregate value of claims that have been made or may be made under the Payment Bond,
Westchester continues to face potential liability and/or claims under the Payment Bond and the
Performance Bond, the aggregate value of which including, without limitation, losses, costs,
attorneys’ fees, consultants fees, and expenses, is an amount not less than $281,640.21, for which
the Indemnitors are obliged to indemnify Westchester under the Indemnity Agreement.
39. Despite Westchester’s demands, the Indemnitors have breached Paragraphs 1 and
2 of the Indemnity Agreement by failing to deposit any money or other form of collateral
security with Westchester.
40. Westchester has sustained an immediate and irreparable injury as a result of the
Indemnitors’ breach of Paragraphs 1 and 2 of the Indemnity Agreement because Westchester
has, inter alia, been deprived of its bargained for right to receive and hold collateral relative to
its exposure to loss, damages, expense, cost, attorney’s fees and expenses incurred by reason of
its execution of the Bonds.
41. Westchester lacks an adequate remedy at law in relation to the Indemnitors’
breach of Paragraph 1 and 2 of the Indemnity Agreement.
42. Westchester is therefore entitled to the entry of an injunction compelling specific
performance of the Indemnitors’ contractual duty to deposit collateral with Westchester in the
amount of not less than $281,640.21.
COUNT II- Breach of the Indemnity Agreement
43. Westchester hereby restates the averments contained in Paragraphs 1 through 40
of its Complaint for Indemnity and Equitable Relief as if fully set forth herein.
44. Paragraph 1 of the Indemnity Agreement provides, in pertinent part:
The INDEMNITORS shall pay or cause to be paid to the SURETY both the
agreed premium and, upon written request by the SURETY at any time, collateral
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 9 of 14
security for its suretyship until the INDEMNITOR shall furnish to the SURETY
competent written evidence, satisfactory to the SURETY, of the termination of
any past, present and future liability under any Bond.
45. Paragraph 2 of the Indemnity Agreement provides, in pertinent part:
The I1JDEMNITOR shall indemnify and save harmless the SURETY from and
against any and all liability, claim, demand, loss, damages, expense, cost,
attorney’s fees and expenses, including without limitation, fees and disbursements
of counsel incurred by the SURETY in any action or proceeding between the
INDEMNITOR and the SURETY, or between the SURETY and any third party,
which SURETY shall at any time incur by reason of its execution of any Bond or
its payment of or its liability to pay any claim, irrespective of whether the claim is
made against the SURETY as a joint or several obligor and whether the
INDEMNITOR is then liable to make such payment, and to place the SURETY in
funds to meet all of its liability under any Bond, promptly upon request and
before the SURETY may be required to make any payment thereunder.
46. As of the date hereof, Westchester has made payment in the amount of $6,653.76
in relation to a claim by Abram Ready-Mix, Inc. under the Payment Bond, and $77,246.73 in
relation to a claim by Western Extralite Company under the Payment Bond.
47. To date, Westchester has incurred, and continues to incur, loss, damages, expense,
cost, attorney’s fees and expenses including, but not limited to, attorneys’ fees by reason of
Westchester’s execution of the Payment Bond, including, without limitation, its payments to
Western Extralite Company and Abram Ready-Mix, Inc.
48. Despite Westchester’s demand, the Indemnitors have breached Paragraph 2 of the
Indemnity Agreement by failing to indemnify and save harmless Westchester from and against
any and all loss, damages, expense, cost, attorney’s fees and expenses in for losses, fees, costs
and expenses that Westchester has incurred, and continues to incur by reason of Westchester’s
execution of the Payment Bond, including without limitation its payments to Western Extralite
Company and Abram Ready-Mix, Inc.
49. Westchester has been damaged by the Indemnitors’ breach of the Indemnity
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 10 of 14
Agreement in an amount to be proven at trial, which currently exceeds $83,900.49.
COUNT III - Quia Timet/Exoneration
50. Westchester hereby restates the averments contained in Paragraphs 1 through 49
of its Complaint for Indemnity and Equitable Relief as if fully set forth herein.
51. Pursuant to its equitable remedy of quia timet, Westchester is entitled to be
provided money and/or property from Zahner Hansen, the principal under the Payment Bond,
sufficient to exonerate Westchester from and against any impending loss that may result to
Westchester by reason of having executed the Payment Bond on behalf of Zahner Hansen.
COUNT IV — Common Law Right of Indemnification/Reimbursement
52. Westchester hereby restates the averments contained in Paragraphs 1 through 49
of its Complaint for Indemnity and Equitable Relief as if fully set forth herein.
53. Pursuant to its common law right of indemnificationlreimbursement, Westchester
is entitled to be indemnified/reimbursed by its principal, Zahner Hansen, for all loss suffered by
Westchester, as surety, by reason of having executed the Payment Bond on behalf of Zahner
Hansen.
WHEREFORE, PREMISES CONSIDERED, Westchester prays for the following relief:
1. On Count I, judgment in favor of Westchester and against the Indemnitors consisting of
an injunction compelling specific performance of the Indemnitors’ contractual obligation
to deposit with Westchester a sum of money or other form of collateral security
acceptable to Westchester in its sole discretion in the amount of not less than
$280,640.21, which is the minimum amount Westchester has determined, in its sole
judgment, of potential liability that currently exists for losses and/or fees, costs and
expenses for which the Indemnitors will be obliged to indemnify Westchester under the
terms of the Indemnity Agreement;
2. On Count II, judgment in favor of Westchester and against the Indemnitors, jointly and
severally, in an amount sufficient to indemnif,’ and save harmless Westchester from and
against any and all liability for loss, damages, expense, cost, attorney’s fees and expenses
Westchester has incurred, and continues to incur by reason of its execution of the
Payment Bond or its payment of or its liability to pay any claim.
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 11 of 14
3. On Count III, judgment in favor of Westchester and against Zahner Hansen consisting of
an injunction compelling Zahner Hansen to deposit with Westchester a sum of money or
other form of collateral security (acceptable to Westchester in its sole discretion)
sufficient to indemnify and save harmless Westchester from and against any and all
liability for loss, damages, expense, cost, attorney’s fees and expenses Westchester has
incurred, and continues to incur by reason of its execution of the Payment Bond or its
payment of or its liability to pay any claim pursuant to the equitable remedy of quia
timet/exoneration;
4. On Count IV, judgment in favor of Westchester and against Zahner Hansen in an amount
sufficient to fully indemnify/reimburse Westchester for all loss suffered by Westchester
as a result of Westchester’s payment of claims, as surety, against the Payment Bond,
including as of the date hereof the claims of Abrams Ready-Mix, Inc. and Western
Extralite Company, by reason of having executed the Payment Bond on behalf of Zahner
Hansen, which loss currently exceeds $83,900.49; and/or
5. Judgment in favor of Westchester and against the Indemnitors granting such further
relief, both general and specific, as may be appropriate in accordance with the nature of
this cause including, but not limited to, pre-judgment and post-judgment interest at the
maximum rate permitted by law accruing from the date of the Indemnitors’ breach of the
Indemnity Agreement.
Dated: New York, New York
June 27, 2014
Respectfully submitted,
JOX1\Q,
QQLL
Susanna Requets (SR1851)
GOTTESMAN, WOLGEL, MALAMY,
FLYNN & WEINBERG, P.C.
11 Hanover Square,
4thi
Floor
New York, NY 10005
Phone: (212) 495-0100
Fax: (212) 480-9797
Email: srequetsgottesmanlaw. corn
and
Fred C. Statum III (TN BPR No. 014495)
Scott C. Williams (TN BPR No. 021757)
MANIER & HEROD
One Nashville Place, Suite 2200
150 Fourth Avenue North
Nashville, Tennessee 37219
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 12 of 14
Phone: (615) 244-0030
Fax: (615) 242-4203
FStaturn@rnanjerherod. corn
S
Williarns@rnanjerherod.com
Attorneys for Westchester Fire Insurance
Cornpany
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 13 of 14
SC.222.551O ,IegoI.,on,
Year 20
UNITED
STATES DISTRICT COURT
FOR THE
SOUTHERN DISTRICT OF NEW YORK
WESTCHESTER
FIRE INSURANCE COMPANY,
Plaintiff,
V.
POLYMER NATION, LLC, PRIME COAT 11, LLC, ROCK-TRED
II, LLC, ZAHNER HANSEN
CONSTRUCTION
GROUP, INC., AND CHRISTOPHER
O’BRIEN,
Defendants.
ORIGINAL
SUMMONS
GOTFESMAN, WOLGEL, MALAMY, FLYNN & WEINBERG, PC.
A Professional Corporation Incorporated in the State of New York
Attorneys for
WESTCHESTER
FIRE INSURANCE
COMPANY
I I HANOVER SQUARE
NEW YORK, N.Y. 10005
TEL. NO. (212) 495-0100
FAX NO. (212) 480-9797
Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed
document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not
obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are
not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential
claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR l2 00.41-a.
Dated: Signature
Print Signer’s Name
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
EJ
that the within is a (certified) true copy of a
NDTICE OF entered in the office of the clerk of the within-named Court on 20
ENTRY
that an Order of which the within is a true copy will be presentedfor settlement to the
NOTICE OF
Hon.
, one of the judges of the within-named Court,
SETTLEMENT at
on 20 ,at M.
Dated:
GOTfESMAN, WOLGEL, MALAMY, FLYNN & WEINBERG, P.C.
A Professional Corporation Incorporated in the State of New York
Attorneys for
1IHANOVER SQUARE
To.
NEW YORK, N.Y. 10005
TEL. NO. (212) 495-0100
FAX NO. (212) 480-9797
Attorney(s) for
IndexNo.
Case 1:14-cv-04792-AJN Document 2 Filed 06/27/14 Page 14 of 14

Published under a Creative Commons License By attribution, non-commercial
date: 
Fri, 2014-06-27
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D.E. 2 COMPLAINT against Christopher O'Brien, Polymer Nation, LLC, Prime Coat II, Rock-Tred II, Zahner Hansen Construction Group, Inc.pdf221.01 KB

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