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WESTCHESTER FIRE INSURANCE COMPANY v. VIRIDIAN INDUSTRIES, INC. et al complaint

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-x
WESTCHESTER FIRE INSURANCE COMPANY,
Assigned to:
Plaintiff,
M N
V.
VIRIDIAN INDUSTRIES, INC, DIVERSIFIED
1
CARTING, INC, DIVERSIFIED CONSTRUCTION
—-
CORP, SUPERIOR SITE WORK, INC, j 11
GRANDVIEW CONTRACTING CORP, MICHAEL
I 1
GEOFFRION, PATRICIA GEOFFRION, TROY r’i
CARUSO, and SUSAN CARUSO,
Defendants.
Plaintiff, Westchester Fire Insurance Company (hereinafter referred to as
“Westchester” or “Surety”), as and for its Complaint in the above-captioned civil action,
alleges the following:
JURISDICTION AND VENUE
1. This Court has subject matter jurisdiction over this matter pursuant to 28
U.S.C.
§
1332 in that this is an action between citizens of different states and the
amount in controversy exceeds $75,000.00, exclusive of interest and costs.
2. This Court possesses the power to declare the respective rights and other
legal relations of Westchester and the Defendants as requested herein pursuant to 28
U.S.C.
§
2201 (a).
3. This Court has personal jurisdiction over the defendants because all
individual Defendants are residents of the State of New York and all corporate
Defendants’ have their principal place of business in the State of New York.
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 1 of 19
4. Venue is proper over the Defendants pursuant to 28 U.S.C. §1391(b)(1)
because all individual Defendants are residents of the State of New York and all
corporate Defendants’ have their principal place of business in the State of New York.
THE PARTIES
5. Westchester, whose address is 436 Walnut Street, Philadelphia, PA
19106 is a corporation organized and existing under the laws of the State of
Pennsylvania and is duly authorized to conduct business within the State of New York
as a Surety, and to execute and issue Surety Bonds in the State of New York.
6. Upon information and belief, Defendant Viridian Industries, Inc.
(“Viridian”), whose address is 333 Marcus Boulevard, Hauppauge, NY 11788 is a
corporation organized and existing under the laws of the State of New York.
7. Upon information and belief, Defendant Diversified Carting, Inc., whose
address is 28 Garfield Avenue, Bayshore, NY 11706 is a corporation organized and
existing under the laws of the State of New York.
8. Upon information and belief, Defendant Diversified Construction Corp.,
whose address is 28 Garfield Avenue, Bayshore, NY 11706 is a corporation organized
and existing under the laws of the State of New York.
9. Upon information and belief, Defendant Superior Site Work, Inc., whose
address is 28 Garfield Avenue, Bayshore, NY 11706 is a corporation organized and
existing under the laws of the State of New York.
10. Upon information and belief, Defendant Grandview Contracting Corp.,
whose address is 28 Garfield Avenue, Bayshore, NY 11706 is a corporation organized
and existing under the laws of the State of New York.
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 2 of 19
11. Upon information and belief, Defendant Michael Geoffrion is an individual
residing at 37 Glen Lane, Kings Park, NY 11754.
12. Upon information and belief, Defendant Patricia Geoffrion is an individual
residing at 37 Glen Lane, Kings Park, NY 11754.
13. Upon information and belief, Defendant Troy Caruso is an individual
residing at 10 Colonial Drive, Smithtown, NY 11787.
14. Upon information and belief, Defendant Susan Caruso is an individual
residing at 30 Alice Lane, Smithtown, NY 11787.
THE AGREEMENT OF INDEMNITY
15. Viridian was at all relevant times engaged in the construction business in
connection with construction projects. Viridian was required for certain projects to
provide performance and payment bonds in connection with its construction contracts.
16. On or about May 20, 2010, the defendants Viridian Industries, Inc.,
Diversified Carting, Inc., Diversified Contracting Corp., Superior Site Work, Inc.,
Grandview Contracting Corp., Michael Geoffrion, Patricia Geoffrion, Troy Caruso, and
Susan Caruso, in partial consideration of and as an inducement to Westchester for the
execution by Westchester of certain bonds or undertakings, did duly execute an
Agreement of Indemnity, by the terms of which Defendants undertook and agreed,
jointly and severally, among other things, to:
exonerate, hold harmless, indemnity and keep indemnified SURETY
from and against all claims, demands and liability for losses, costs, and
expenses of whatsoever kind or nature, including but not limited to court
costs, counsel fees, costs of investigation, accountant fees, engineer or
construction management fees, together with interest thereon at the
maximum rate allowed by law, which SURETY may sustain or incur by
reason of or in consequence of the:
A. Execution or procurement of the execution of BOND(s);
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 3 of 19
B. Failure by PRINCIPAL(s) or INDEMNITOR(s) to perform or comply
with any of the covenants or conditions of this AGREEMENT;
C. Any Event of Default hereto;
D. Enforcement of any covenant of this AGREEMENT;
E. Performance of any investigation, attempt or attainment of any
release in connection with any BOND(s) or any loss or unpaid
premium in connection with any BOND(s);
F. Prosecution or defense of any action or claim in connection with any
BOND(s), whether Surety, at its own discretion, elects to employ
counsel of its own solicitation or permits or requires PRINCIPAL(s)
or INDEMNITOR(s) to make arrangements for SURETY’s legal
representation;
G. Attempt to recover losses or expenses paid or incurred in connection
with this AGREEMENT, CONTRACT(s) and/or BOND(s)...
See, }THlRD of Agreement of Indemnity dated May 2, 2010, annexed hereto as
EXHIBIT “A”.
17. Pursuant to the terms of the Agreement of Indemnity the Surety:
“shall have the exclusive right in its name or in the name of PRINCIPAL(s)
or INDEMNITOR(s) to adjust, settle or compromise any claim, counterclaim,
demand, suit or judgment involving any BOND(s) or to take whatever action
it may deem necessary, expedient or appropriate. SURETY’s
determination as to whether any such claim, counterclaim, demand, suit or
judgment should be settled shall be binding and conclusive upon
PRINCIPAL(s) and INDEMNITOR(s). The vouchers or other evidence of
any such payments made by SURETY shall constitute prima facie evidence
of the fact and amount of liability of PRINCIPAL(s) and INDEMNITOR(s) to
SURETY.”
See, ¶NINTH of Agreement of Indemnity dated May 2, 2010 and annexed hereto as
EXHIBIT “A”.
AS AND FOR A FIRST CAUSE OF ACTION
18. Westchester repeats and realleges the allegations set forth in paragraphs
1 through 17 as though set forth at length herein.
19. Viridian as contractor entered into a contract with NYS Parks Recreation
and Historic Preservation for the Bath House Alterations at Wildwood State Park. WW
2010-IG; D004088 (“Wildwood Project”).
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 4 of 19
20. Viridian as contractor entered into a contract with the State University of
New York for Project No. 2012-01.
20. At the request of Defendants, Westchester, as Surety, executed a
Performance Bond and Labor and Material Payment Bond No. K0832731 2 for the
Wildwood Project and a Performance Bond and Labor and Material Bond No.
K08583444 for Project No. 2012-01 naming Viridian as Principal.
21. The Bonds were executed and delivered by Westchester, as Surety, in
consideration of and in reliance upon, among other things, the written Agreement of
Indemnity.
22. Viridian failed to pay certain suppliers and/or subcontractors for labor and
materials used on the Wildwood Project and Project No. 2012-01.
23. Sportsfield Specialties, Inc. (“Sportsfield”) filed a claim in the amount of
$86,525.00 with Westchester for labor, materials, supplies, and/or services provided to
Viridian for Project No. 2012-01.
24. Reliable Truss and Components Inc. (“Reliable Truss”) filed claim in the
amount of $46,544.67 with Westchester for labor, materials, supplies and/or services
provided to Viridian for the Wildwoods Project.
24. Westchester made payment to Sportsfield in the amount of $86,525.00
and to Reliable Truss in the amount of $46,544.67 in resolution of their respective
claims.
25. On September 30, 2014 and October 1, 2014, counsel for Westchester
sent a letter demanding that the Defendants indemnify Westchester for the losses
sustained.
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 5 of 19
26. By reason of having executed the Bond No. K08327312 and Bond No.
K08583444 and the terms of the Agreement of Indemnity, Westchester is entitled to
indemnification and exoneration of bond losses in the sum of $133,069.67 plus statutory
interest for which Defendants Viridian, Diversified Carting, Inc., Diversified Contracting
Corp., Superior Site Work, Inc., Grandview Contracting Corp., Michael Geoffrion,
Patricia Geoffrion, Troy Caruso, and Susan Caruso are jointly and severally liable to
Westchester under the aforesaid Agreement of Indemnity.
AS AND FOR A SECOND CAUSE OF ACTION
27. Westchester repeats and reiterates each and every allegation contained in
paragraphs 1 through 26 as though herein at length set forth.
28. Defendants Viridian, Diversified Carting, Inc., Diversified Contracting
Corp., Superior Site Work, Inc., Grandview Contracting Corp., Michael Geoffrion,
Patricia Geoffrion, Troy Caruso, and Susan Caruso executed the Agreement of
Indemnity whereby they each, jointly and severally, agreed to personally indemnify
Westchester for all losses and/or expenses of whatsoever kind or nature, including
interest, court costs and counsel fees.
29. Westchester retained the law firm of Gottesman, Wolgel, Flynn, Weinberg
& Lee, P.C. (hereinafter referred to as “Gottesman”) in connection with the Bonded
Project including Bond No. K08327312 and Bond No. K08583444 (hereinafter referred
to collectively as the “Bonds”).
30. By reason of having executed the Bonds and the terms of the Agreement
of Indemnity, Westchester, as Surety is entitled to be indemnified, exonerated and held
harmless for all its attorney fees and expenses through September 14, 2014 of not less
than $6,948.80 plus statutory interest for which defendants Viridian, Diversified Carting,
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 6 of 19
Inc., Diversified Contracting Corp., Superior Site Work, Inc., Grandview Contracting
Corp., Michael Geoffrion, Patricia Geoffrion, Troy Caruso, and Susan Caruso are jointly
and severally liable to Westchester under the aforesaid Agreement of Indemnity.
AS AND FOR A THIRD CAUSE OF ACTION
31. Westchester repeats and reiterates each and every allegation contained in
paragraphs 1 through 30 as though herein at length set forth.
32. By reason of having executed the aforesaid bonds, in the course of
Westchester’s responses to the claims made against the bonds, and in enforcing its
rights under the Agreement of Indemnity and for the instant lawsuit herein, Westchester
will continue to incur attorney’s fees and expenses for which Defendants Viridian
Industries, Inc., Diversified Carting, Inc., Diversified Contracting Corp., Superior Site
Work, Inc., Grandview Contracting Corp., Michael Geoffrion, Patricia Geoffrion, Troy
Caruso, and Susan Caruso are liable, jointly and severally, to Westchester under the
aforesaid Agreement of Indemnity.
33. Westchester, as Surety, is entitled to be indemnified, exonerated and held
harmless by virtue of its status as Surety for all attorney fees and expenses from
September onward for an amount not yet determined plus interest but are continuing to
be incurred, including but not limited to commencing and prosecuting the within lawsuit.
WHEREFORE, Westchester Fire Insurance Company respectfully requests
judgment as follows:
i. on the First Cause of Action in the sum of $133,069.67 plus interest
for performance and/or payment bond losses;
ii. on the Second Cause of Action for attorney’s fees and expenses of
not less than $6,948.80 through September 14, 2014;
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 7 of 19
iii. on the Third Cause of Action for attorney’s fees and expenses
since September 14, 2014 for an amount not yet determined plus
interest but are continuing to be incurred, including but not limited
to commencing and prosecuting the within lawsuit; and
iv. that Plaintiff have such other and further relief as the Court may
deem just and proper, together with the costs and disbursements of
this action.
Dated:New York, New York
October 13, 2014
RICHARD DEMAS
NJ
GOTTESMAN, WOLGEL, FLYNN,
WEINBERG & LEE, P.C.
11 Hanover Square, 4th Floor
New York, NY 10005
Attorneys for Plaintiff
Westchester Fire Insurance Company
Telephone: (212) 495-0100
Facsimile: (212) 480-9797
Email: rdemas(qottesmanlaw.com
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 8 of 19
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Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 9 of 19
AGREEMENT OF INDEMNITY
This Agreement of Indemnity (“AGREEMENT’), is made and entered into by the following individuals, partnerships and/or coiporattooss lfl#dlanInSv,lrlno, Inn.- 335 N,noJ, SNd H,,uppeose. NY 11788; DIvern610d Cn,lIn, no.25 GoIeIS Aoe., key650ro, NY 11706; DIverollind ConoInlol100 Corp-St Garfield Ave., Oaynhom, NY 11755
Superior Site Work, lno.-26 Go,f,old Ave., koynhoro, NY 10756; Grrendvletv C071revIlrr4 Corp..28 rIorfiord Ave., Beyshore, NY Il76
MlthooI& P00000 Geolfi160-37 nine In,, 65,55 Park. NY 07754
Tap & Solen Cenono- IS Colonial Or., Sn,ilhtown, NY 11767
as PRINCIPAL(s) and
INDEMNITOR(s)
Social Security or EIN Number
Mailing Address
Vv,din lr,doolrieo, no.

r
333 Morora Blvd Haupparur, NY 11788.
Miohani Gont&lon,’ 37 Glen Lrr., Kings Park, NY 11754
PgIrlrIa GeoI5ion,—”, 37 Glen In., Kings Park, NY 01754
ISneneilled conins, no, “S8Gndl,M Ann,, noy&nnee, NY 11706; OiOnroil,d Cone500vIlon Crop,’ ,,.58 Garfield Ave., Boyshore, NY 11706
Superior SileWork, lnu - 25 Garfiold Ave., Dayerorn, NY 11755; Grandolew Conlrgolog Corp “ 28 GarSeldAve., Baysh010, NY 11706
TrnyCerrrlo, — “. 15 CIonleI Dr.. Sn,Iar100fl, NY 17767;
Susan Carson, e...-J.—-—’. 15 Colonial Or.. SnhlIhiown, NY 11767
as INDEMNITOR(s) and Westchester Fire Insurance Company, as SURETY.
WITNIISSETH
WHEREAS, PRINCIPAL(s), in the performance of contracts and the fulfillment of obligations generally, whether solely in its own name or as co-venturer with others, nosy desire, or he required to give or procure certain BOND(s), and to renew, or contirruc or substitute the same from Lime to rime with the same or different BOND amounts, and/or conditions or to refrain from canceling said BOND(s);
WHEREAS, at the request ofPRINCIPAL(s) and/or INDEMNITOR(s) or both and upon the express understanding that this AGREEMENTshould be given, SURETYhas executad or caused to be exceuted, and may from time to time hereafter execute or cause to be executed, said BOND(s) on behalf of the PRINCIPAL(s);
WHEREAS, PRINCIPAL(s) and INOEMNITOR(s) have a substantial, material and beneficial interest in the obtaining, renewing, continuing or substituting ofBOND(s); and
WHEREAS, SURETY has relied upon and will continue to rely upon the representations of PRINCIPAL(s) and INDEMNITOR(s) as to their character, identity, control, beneficial and legal ownership, financial condition and oxistense in procuring or executing BOND(s).
NOW THEREFORE, in consideraliost of the above stated premises, and of other good and valuable consideration, the receipt of which is hereby acknowledged, PRINCIPAL(s) and INDEMNJTOR(s) for themselves, their heirs, executors, administrators, succcssors and assigns,jointly and severally, hereby covenant and agree with SURETY, its aucccssors and assigns, as follows:
DEFINITIONS
FllST: Where they appear in this AGREEMENT and any addenda hereto, the following terma are defincd as set forth in this paragraph:
“BOND(s)” means an undertaking or a contract ofsuretyship, guaranty or indemnity, or an agreement, consent or letter to provide such an undertaking or contract, and the continuation, extension, alteration, renewal or substitution of such an undertaking, contract, agreement, consent or letter, whether with the aaine or different amounts or cnnditions, executed or procured by SURETYbefore or after the date ofihis AGREEMENT (excluding at the option of SURETY any BOND(s) which are written by SURETY’ in reliance upon another valid and enforceable agreement of indemnity in favor of SIJRE’UY).
“CON’l’RACT(s)” means an agreement executed between PRINCIL’AL(s) and a third party, together witlt all associated documents (including, but not limited to, general and special conditions, specifications and drawings) or an undertaking made, obligation or duty assunicd, either statutory or otherwise, forwhieh SURETY executes orprocurea the execution of a BOND(s).
“EVENT OF DEFAULT” means any one or more of the following:
A, Any notice of default by an obligee on any BOND(s) due to abandonment, forfeiture, breach of, or failure, refusal os inability to perfonn any CONTRACT or obligation contained therein or in the BOND(s) itself; whether actual or alleged;
B. Any failure, delay, refusal or inability of PRINCIPAL(s) to pay claims, bills or other indebtedness incurred in, or in connection wish the pcrfonnance ofaoyCONTltACT; C. The failure to perfonn, or comply with the terms, covenants or obligations in this AGREEMENT;
B. The failure topsy or discharge, when due, all indebtedness of PRINCIPAL(s) and/or INDEMNITOR(s) to SURETY;
B. An assignment by PRiNCIPAL(s) for the benefit of creditors, or the appointment or an application by PRINCIPAL(s) for the appointment of a receiver or trustee for PRINCIPAL(s) or its property, sniventor not, orifprocecdinga for thcappointnoens of s receiverorirusteeforliquidatien, reorganization orarrangementofPlUNClPAL(s) shall be initiated by others;
F. If PRINCIPAL or ENDEMNITOR. is an individual, the death, disappearance, deelsrstion of incompetence, conviction of a felony, isoprisonmeist, or, if PRINCIPAL(s) and/or INDEMNITORs) is not an individual, sosy change in ebsiacter, identity, control, arrangement, legal or beneficial ownership or existence of such PRINCIPALa) and/or INDEMNITOR(s);
0. Anyproeeedirsg or theexerciso ofanyrights by any individual orentitywbich deprives or impairs the PRINCIPAL’s use of its plant, machinery, equipment, plan, drawings, tools, supplies or materials;
PsgelofS
Contract Indemnity Farm (Ed: 05/01196)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 10 of 19
H. In the event thatCONTRACT(s), or any portion thereof, relates to the development of real pmperty or construction of improvements upon real property: (i) the failure of
PRINCIPAL(s) to pay for labor and materials ordered or used in connection with such development or construction of improvements; (ii) the diversion or non-usc by
PRINCIPAL(s) ofloert funds, equity funds ormaterials intended by any leader, equity contributor or eupplicr of such funds ormaterials to be used and which are needed to
perform the CONTRACT(s); or (iii) the voluntary or involuntary cessation or suspension of work required to be performed by PRINCIPAL(s) in connection with the
CONTRACT(s);
1. The failure of PRINCIPAL(s), JNDIIMNITOR(s) to promptly furnish accurate, complete and current financial statements upon request of SURETY or the furnishing of a
financial statement which contains any material misstatement or misrepresentation whether intentional or unintentional;
3. Any suspension, revocation or other material adverse change in tlic status of any license 0fPRINCIPAL(s) with any applicable licensing board or agency that is required to
perform the CONTRACT(s) or discharge any obligation under any 8ONDs); and
K. The occurrence ofatsy event other than specified in A. through 3. herein which, in the SURETY’s sole opinion, may expose SURETYt0 loss, cost or expense including, but
not limited to, a material adverse change in the financial condition of the PRINCIPAL(s) and/or INDEMNITOR(s).
“PRINCIPAL(s)” means any individual or entity for which SURETY executes BOND(s) including any one, combination of, or all oftho named individuals, partnerships, or finns or
corporation set forth above, any of their present or future subsidiaries, affiliates, whether a corporation, partnership or other entity, their successors in interest, whether acting alone or in
joint venture with others not named herein, including any such individual or entity for which SURETY executes BOND(s) or any unrelated individual or entity forwhich SURETY
executes BOND(s) at the request of say TNDEMNITOR(s).
“SURETY” means Westchester Fire Insurance Company and its successors, assigns, affiliates, associates and subsidiary companies.
NOTICE TO SURETY 01? ANTICIPATED CHANGE IN NATURE OF PRINCIPAL(s)/f NDEMNITOR(s)
SECOND: Written notice must be given by PRINCIPAL(s) and/or INDEMNITOR(s) at the earliest practical time of any anticipated change or negotiations entered into by
PRINCIPAL(s) or INDEMNITOR(s) for any anticipatedehange in the character or identity 0fPRINCIPAL(s) or INDEMNtTOR(s), or ofa change of S% or inure in the beneficial or
legal ownership of the stock of PRINCIPAL(s) and/or INDEIv1N1TOR(s). Upon receipt of said notice, SURETY shall have the right to examine the books and records and other
documents aisd information pursuant to the Sixteenth paragraph hereof
INDEMNITY AND HOLD HARMLESS
THIRD: PRINCIPAL(s) and INDEMNITOR(s) shall exonerate, hold harmless, indemstifyand keep indemnified SURETY from and against any and all claims, demands and liability
for losses, coats, and expenses of whatsoever kind or nature, including but not limited to court costs, counsel fees, costs of investigation, consultant fees, accountant fees, engineer or
construction management fees, together with interest thereon at the maximum rate allowed bylaw, which SURETY may sustain or incur by reason of or in consequence of the:
A. Execution or procurentent of the execution of BOND(s);
8. Failure by PRINcIPAL(s) or INDEMNTFOR(s) to perform or comply with any of the covenants or conditions of this AGREEMENT;
C. Any Event ofDefaultbereiis;
D. Enforcement of any covenant of this AGREEMENT;
B. Performance of any investigation, attempt or attainment of any release in connection with any I3OND(s) or any loss or unpaid premnsm in connection with any BOND(s);
F. Prosecution or defense of any action or claim in connection with any BOND(s), whether SURETY, at its own discretion, elects to employ counsel of its own selrction or
permits or requires PRINCIPAL(s) or INDEMNITOR(s) to make arrangements for SURETY’s legal representation; and
0. Attempt to recover losses or expenses paid or incurred in connection wills this AGREEMENT, CONTRACT(s) and/or DONE(s).
Payment shall be made to SURETY by the PRINCIPAL(s) and/or INDEMN1TOR(s) as soon as liability exists or is asserted against SURETY, whether or not SURETY shall have
made any payment therefore. Such payment shall be equal to whatever atnountSURETY, in itsjisdgment, shalt deemsufficient to protect it from loss. SURETY shah have the right to
use the payment or any part thereof, in payment or settlement of any liability, loss or expense for which PRINCIPAL(s) and/or INDEMNITOR(s) would be obligated to indemnify
SURETY under the terms of this AGREEMENT.
In the event ofpayment by SURETY, SURETY shall be entitled in any accounting with PRINCIPAL(s) or INDEMNITOR(s) to reimbursement for any and all disbursements made by
it in good faith in and about the rustlers contemplated by this AGREEMENT under the belief that it was liable for the sums and amounts so disbursed, or that it was necessary or
expedient to make such disbusaesnerttt, whether or not such liability, necessity or expediency existed. Vouchers or other evidence of any such payments made by SURETY shall be
prima facie evidence of the fact and amount of liability to SURETY. PRINCIPAL(s) and INOEMNITOR(s) shall pay to SURETY interest on all disbursements made by SURETY at
the maximum rate permitted bylaw calculated from the date of each disbursement.
RESERVE-DEPOSIT
FOURTH: If for any reason the SURETY shall deem it necessary to establish or to increase a rcssrve to cover any possible liability or loss for which the PRINCIPAL(s) sod
TNDEMNITOR(s) will be obligated to indesnoify SURETY under the teams ofthia AGREEMENT, PRINCIPAL(s) and INDEMNITOR(s) will deposit with SURETY, immediately
upon demand, a sum ofmoney equal to such reserve and any incresee thereof as collateral security to SURETY for such liability or loss.
SURETY shall have the right to use such deposit, or any part thereof; in payment or settlement of say liability, loss or expense for which PRINCIPAL(s) and/or INDEMNITOR(s)
would be obligated to indemnify SURETY under the terms of this AGREEMENT. SURETY shall have no obligation to invest, or to provide a return on the deposit. PRINCIPAL(s)
and INDEMNITOR(S) shall be entitled to the return of any unused portion of time deposit upon termination of the liability of SURETY arm the BOND(s) and the perfonnanee by PP.INCIPAL(s) and INDEMNITOR(s) under the terms of this AGREEMENT.
SURETY’s demand shall be sufficient if sent by REGISTERED or CERTIFIED MAIL to the PRINCIPAL(s) amid INDEMNITOR(s) at the sddresses stated herein, oral the addresses
last known to SURETY, whether or not such demand is actually received.
ADVANCES
FIFTH: INDEMNITOR(s) hereby authorize and enmpowes SURETY, within SURETY’s sole discretion, to guarantee bass, extend SURETY credit, advance, or to lend
PRINCIPAL(s) any money, which SURETY may seelit fortheporpote of completing CONTRACT(s) ordiacharging obligationsunderBOND(s) including suchoverheadst mightbe
necessary and all such guarantees, credit, advances or loans as well as all costs and expenses incurred by SURETY in relation thereto shall be presumed to be a loss for which
PRINCIPAL(s) and INDEIvINITOR(s) shalt be responsible under this AGREEMENT, notwithstanding that said money or any part thereof should nd be wsed by PRINCIPAL(s).
Page 2 of S
Contract Indemnity Form (Ed: 05/01/06)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 11 of 19
TRUST lt(JND
SIXTH: All payments rcceived for or on account of any CONTRACT(s) shall be held in a trust fund to assure the payment of obligations incurred or to be incurred in the perfonsiance of any CONTRACT(s) and fur labor, materials, and services furnished in the prosecution of the work under any CONTRACT(s) or any extensions or modifications
thereto. All monies due and to become due under any CONTRACT(s) are also trust funds, whether in thepossession ofPRINCIPAL(a), J.NDEMNITOR(s) orotberwiso. The trust finds shall be for the bvnofit and payment of all obligations for which SURETY may be liable under any BOND(s). The trust funds shall inure to the benefit of SURETY for any liability or loss it mayhave orsustain under any BOND(s), and this AGREEMENT and declaration constitute notice ofsuch trust. The trustfisnds, unless otherwise restricted orregulated bystate or local laws, can be commingled with other funds, but thetrust find nature and purpose as stated in this paragraph shall not be modified norwaived by this commingling provision.
FUNDS CONTROL
SEVENTH: Upon demand by SURETY, PRINCIPAL(s) shall implement the trust ortrusta provided for in the SIXTh paragraph of tlsit AGREEMENT by the creation of an account
or accounts with a bank or similar depository designated by SURETY, which secount or accounts shall be designated as a trust account or accounts forthe deposit of such trust finds, and shall deposit therein all monies received for or on account of any CONTRACT(s). Withdrawals from such accounts shall be by check or similar instrument signed by s representative of SURETY. Said trust shall terminate on the payment of all the obligations under the CONTRACT(s) for which the account was created.
ASSIGNMENT
EIGHTH: With respect to each BOND(s) executedby SURETY, PRINCIPAL(s) (with lNDRMNITOR(s) hereby contenting), assigns, transfers and convoys to SURETYbut subject
to the trust crested herein:
A. All monies due or to become due to PRINCIPAL(s) arising out of or in any way related to CONTRACT(s) covered by BOND(s), including but not limited to, progress
payments, deferred payments, retained percentages, compensation for extra work, undisbursed loan funds, deposit or reserve accounts, and all collateral pledged by
PRINCIPAL(s) and INDIIMNITOR(s) to third patties in connection with the CONTRACT(s) or BOND(s);
B. Afl of the rights of PRINCIPAL(s) in, or arising in any manner out of, all CONTRACT(s) or BOND(s);
C. MI ofthe rights, title and interest ofthe PRINCIPAL(s) in and to all machinery, equipment, plant, tools and materials which are now, or may hereafterbe, shout or upon the
arie or sites of any and all ofthc work under CONTRACT(s) or BOND(s) or elsewhere, including mrstcrialspuichsacd for or chargeable to any and all such CONTRACT(s)
or BOND(s), which may be in the process of manufacture or construction, in storage elsewhere, or iii transportation to any and all of mid sites;
D. All of the rights, titlc and interest of the PRINCIPAL(s) in and to all subcontracts let or to be let in connection with CONTRACT(s) orBOND(s), and in and to all SURETY
bonds in favor of PRINCIPAL(s) as oblige relating to such CONTRACT(s) or BOND(s);
E. All of the rights, title and interest of PRINCIPAl(s) in and to any actions, causes of action, claims, demands or proceeds of such actions, causes of action, claims or
demands whatsoever which PRINCIPAL(s) may have or acquire against soy party ins connection with the CONTRACT(s) including but not limited to those against obligees
on BOND(s) design professionals, subcontractors, laborers or materialmers or any person fumishing or agreeing to furnish or supply labor, material, supplies, machinery
tools, inventory or other equipment in connection with or on account of say CONTRACT(s) and against any SURETY or sureties of any obligee, subcontractor, laborer, or
nsaterialissen;
F. All monies due or to become due to PRINCIPAL(s) or INDEMN1TOR(s) on any policy of insurance relating to any claims or suite arising out of CONTRACT(s) or
BOND(s) including, but not limited to, claims or suits under builders risk, fire or employee dishonesty policies, including premium refunds;
G. Any and all rights, title and interest in or use of any patent, copyright or trade secret which is or may be necessary for completion of CONTRACT(s); and
H. The above assignment rights are in addition to and not in substitution of any other rights of SURETY arising by operation of law or otherwise.
The above assignments shall become effective as ofthe date of this AGREEMENT or the date of the BOND(s) whiehevet occurs first. SURETY agrees to forbeas exercising the rights granted to it under this Eighth paragraph until the occurrence of an EVENT OF DEFAULT, Upon the occurrence of arm EVENT OF DEFAULT, PRINCIPAL(s) sutborizes and cnspowers SURETY, or any person or persons designated by SURETY, to execute in the name of PRiNCIPAL(s) any instruments deemed necessary or desitsble by SURETY to provide absolute title to SURETYof any funds, property and rights as are hereby assigned, transferred or conveyed, and PRINCIPAL(s) hereby authorize SURETY or armyperson or persons designated by SURETY to take immediate possession of such funds, property and rights, to collect such sums as maybe due and to endorse, in the name oflhe PRINCIPAL(s)
and to collect any chocks, drafts, warrants and or other instruments made and issued in payment of such sums.
SURETY is authorized to assert and prosecute any right or claim assigned in this AGREEMENT in the name ofPRINCIPAL(s) and to compromise arsd settle such right or claim on such terms as is sonsidert reasonable.
SURETY may sell any property assigned to it purasant to this AGREEMENT at public or private sale, with or without notice, at any time or place, without incurring liability ofany kind to PRINCIPAL(s) orINDEMNITOR(s).
SETTLEMENTS
NiNTH: SURETY shall have the exclusive right in its name or in the name of PRINCIPAL(s) or INDEMNITOR(a) to adjust, settle or comnpromiae any claim, eosnterclains, demand,
suit or judgment involving any BOND(s) or to take whatever action it may deem necessary, expedient or appropriate. SURETY’s determination as to whether any such claim, counterclaim, demand, suit orjudgmesst should be settled shall be binding end conclusive upon PRINCIPAL(s) and INDEIvINITOR(s). The vouchers or other evidence of any such payments made by SURETY shall constitute prima facie evidence of the fact and amount of liability of PRINCIPAL(s) and lNI)EMNITOR(s) to SURETY.
PERFECTION OF SECURITY INTEREST
TENTH: This AGREEMENT shalt constitute a SecurityAgreement anda Financing Statement for the benefit of SURETYin accordance with the Uniform Commercial Codeand any sinsilarstatute and mayalso be used by SURETYwitIsoue in arty wayabrogating, restrictingorlimitingthe rights ofSURETY. SURETYsnay add such schedules to thisAGREEMBNT
describing specific items ofeollsteral covered hereunder as shall be necessary. For the purpose of recording this AGREEMENT, a photocopy of this AGREEMENT acknowledged before a Notary Public as being a true copy hereof shall be regarded as an original.
Page 3 of 8
Contract Indemnity Form (Ed: 0510JJ06)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 12 of 19
ATTORNEY-IN..FACT
ELEVENTH: PRINCIPAL(s) and INDEMNITOR(s) hcrcby irrevocably nominate, constitute designate and appoint SURETY or anyperson or persons designated by SURETY as
attorney in faetwith the right to exercise all of the tights assigned, transferred and net over to SURETY by this AGREEMENT including but not limited to Financing Statements under
theUniformCommercial Code, disbursement of loan proceeds, endorsement ofohecks orother instruments payable to PRINCIPAL(s) and/or INDEMNITOR(s) under CONTRACT(s)
and to execute and deliver any and all additional instruments or documents deemed necessary or desirable by SURETY:
A. To vest in SURETY absolute title to any and all monies, property and rights hereby assigned, and
B. To provide the protection and rights to SURETY contemplated by all of the provisions of this AGREEMENT.
PRINCIPAL(s) and INDEMNITOR(s) hereby ratify and confum all acts and actions taken and done by SURETY as such Attorney-in-Fact.
TAKEOVER
TWELFTH: Upon occurrence ofany EVENT OF DEFAULT, SURETY, at its discretion, shall have the right, butnot the obligation conferred upon it by law orby the terms of this
AGREEMENT, to take possession ofany part or all of the work under CONTRACT(s), at the expense 0IPRINCJPAI.(a) and INDEMNITOR(s), to complete or arrange forcompletion
of the work, and to take such steps which, at its discretion, SURETY may deem advisable or necessary to obtain SURETY’s release or to avoid or mitigate loss.
In the event that the CONTRACT(s) and/or BOND(s) relate to the performance of a subdivision agreement between PRINCIPAL(s) and a public entity, and an EVENT OF DEFAULT
occurs, SURETY shall have the right, but not the obligation, to revert to acreage the real property which is the subject of the subdivision improvement agreement.
DECLINATION 01? SURETYSHIP
THIRTEENTH: SURETY may decline to execute any BOND(s) applied for and the PRINCIPAL(S) and INDEMNITOR(s) shall have no cause of action against SURETY in
consequence of its failure to execute any BOND(s). If SURETY executes or provides a bid bond or proposal bond, SURETY retains the right to decline to execute the final bond
(including, but Sot limited to, performance, payment or maintenance bonds) that may be required in conneCtion with any award thatinay be made under the bidor proposal. Evidence of
custom and usage will have no bearing on SURETY‘a right to decline suretyship under this paragraph.
NOTICE OF EXECUTION
FOURTEENTH: INDEMNITOR(s) hereby waive notice of the execution of any BOND(s) and of the acceptance of this AGREEMENT by SURETY. I’RLNCIPAL(s) and
tNDEMNITOR(s) hereby waive all notice of any default, or any other actor acts giving rise to any claim under said BOND(s), as well as notice of any and all liability of SURETY
under said BOND(s). PRINCIPAL(s) and INDEMNITOR(s) shall continue to be bound under this AGREEMENT, notwithstanding leek of notice to which they may have been
otherwise entitled and notwithstanding any defenses that they would have been entitled to raise.
RIGHT TO INFORMATION
FIFTEENTH: PRINCIPAL(s) andINDEMNITOR(s) will furnish SURETY suchinforination us itmay request from time to time conearniog the financial condition ofPRINCEPAL(s)
and INDEMNITOR(s), the status of work under any CONTRACT(s), and/or the payment of obligations in connection therewith.
BOOKS AND RECORDS
sIxTEEN’ra: At any time during this AGREEMENT and until such time as the liability of SURETY under all BOND(s) is tenninatod and SURETY is fully reimbursed all amounts
due under this AGREEMENT, SURETY shall have the right of access to the books, records, accounts, documents, coinputcr software, and other computer stored information of
PRINCIPAL(s) and INDEMNITOR(s), wherever located, for the purpose of inspection, copying or reproduction. Any financial institution, depository, warehouse, supply house, or
other person, firm or corporation, when requested by SURElY, is hereby authorized and required to fhrnish SURETY any and all information requested including, but not limited to:
(i) the status of the work under any CONTRACT(s) being performed by PRiNCIPAL(s); (ii) the condition ofpeiforniance of’anyCONTRACT(s); (iii) payments orpcndingpsy;ncrits
of accounts including undisburaed loan proceeds; and (iv) full information about all bark accounts and loans and any collateral deposited in connection therewith. Upon SURETY’s
request, PRINCIPAL(S) and [NDEMNTTOR(s) shall immediately deliver to SURETY, or its designee, at a time and place and in a manner determined by SURETY, such books,
records, accounts, documents, computer software and other computer stored information, and contracts in whatever fonts, as and when requested by SURETY.
PREMIUMS
SEVENTEENTH: PRiNCIPAL(s) and INDEMNITOR(s) shalipay all prentiutna and charges of SURETY for the BOND(s) sod forallpoliciea ofinsurancewhetherprocuredfiom
SURETY or fromother insurance companies until PRINCIPAL(s) and INDEMNITOR(a) shall serve evidence satiafaetory to SURETY ofits discharge or releaaefrorn all BOND(s) and
all liability by reason thereof. The failure of PRINCIPAL(s) or INDEMNITOR(s) to pay premiums shall not constitutc a defense to an action under this AGREEMENT.
DISCHARGE FROMSURETYSHIP
EIGHTEENTH: PRiNCIPAL(s) and INDEMNITOR(s) will, uponrequest oISURETY, take action to procure the discharge of SURETY fromany BOND(s) and front any liability
thereof: SURETY may, at any time take such action as it deems oeceaaary or proper to obtain its release from any and all liability under any BOND(s). Upon diacharge or release,
SURETY shall return to PIUMCIPAL(s) any portion olpremium paid which is unearned ass result of such discharge provided that PRINCIPAL(s) is not indebtedto SURETY for any
other reason.
SURETYSHIP COVERED
NINETEEN’t’H: This AGREEMENI’ applies to all BOND(s) executed orprocured by SURETY forthe PRINCIPAL(s) in his own name or as co-venturerwith others, wheiherprior
to or subsequent to the execution and delivery of this A.GREEMENT and from time to time until this AGREEMENT is terminated in accordance with its terms.
Page 4 of 8
contract Indemnity Form (Ed: 05/01/06)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 13 of 19
PROTECTION OF OTHER SURETIES
TWENTIETH; If SURETYprocures the execution of any BOND(s) by other sureties or executes the BOND(s) with co-sureties, or reiissures any portion of said BOND(s) with
reinsuring sureties, then all the terms and conditions of this AGREEMENT shall inure to the benefit, as their interests may appear, ofsuch other sureties, co-sureties and reinsurers who
shall have the right to maintain an action or actions on this AGREEMENT to enforce their rights hereunder.
WAIVER OF HOMESVEAD RIGhT
TWENTY FIRST: PRINCIPAL(s) and/or INDEMNJTOR(s) waive, so far as their respective obligations under this AGREEMENT are concerned, all rights to claimany of their
property, including their respective homesteads, as exempt front levy, execution or sale or other legal process under the laws of any state, territory or possession of the United States.
NOTICE TO SURETY
TWENTY SECOND; PRINCIPAL(s) and INDEMNITOR(s) shall promptly provide all written notices to SURETYrequired in this AGREEMENTat 436 Walnut Street, WAIOF,
Philsdelphis PA 19106, Attention: Surety IJepartinent, including but not limited to the following events:
A. Notice by any obliges on any BOND(s) forPRThICIPAL(s) IhatPRINCIPAL(s) is in default on 5OyBOND(s) and/or CONTRACT(s) or has failed or refused to perform any
CONTRACTs);
B. Notice by any obliges on any BOND(s) for PRINCIPAL(s) that PRINCIPAL(s) cure its performance or show cause as to the reason(s) PRINCIPAL(s) should not be
terminated or defaulted on any BOND(s) or CONTRACT(s); and
C. Notice by obligee that there has been a material change in the CONTRACT(s) in connection with the scope of work, the contract amount, thetirne or method for completion
of such CONTRACT(s).
CONSENT TO CHANGES
TWENTY THIRD; SURETY is autlsorized, without notice to or knowledge of PRINCIPAL(s) or INDEMNITOR(s), to assent to any change whatsoever in any BOND(s) and any
CONTRACT(s) including, but not limited to, soy change in the time for completion of CONTRACT(S) sod forpaymenta or advances thereunder, to assent to or to take any assignment
or assignments, to sxecute or consent to execution of any continuations, extensions, renewals, enlargements, modifications, changes or alterations ofany BOND(a) and to execute any
subseitute or substitutes therefore, with the same or different conditions, provisions and obligees and with tlse same or largerpensltics, and PRINCIPAL(a) and INDEMNITOR(s) shsll
remain bound under the terms of this AGREEMENT even though any such assent by SURETY does or may substantially increase the liability of PRINCIPAL(s) and
INDEMNITOR(s),
SUBORDINATION OF INDEMNITORS
TWENTY FOURTH; PRINCIPAL(s) and ThIDEMNITOR(s) waive and subordinate all rights of indemnity, subrogation and contribution of each against the other until all
obligations to SURETY under this AGREEMENT, at law or in equity, have been fully satisfied.
ELECTION OF REMEDIES
TWENTY FIFTH: All rights and remedies of SURETYunder this AGREEMENTshall be cumulative, and the exercise ofor failure to exercise, any right or remedy at anytime shall
not bean election ofremedy or a waiver ofany other right or remedy. Failure of SURETY to pursue any remedy against any one rir more of PRINCIPAL(s) and INDEMNITOR(s) shsll
not release or waive any right against any other of the PRINCIPAL(a) and/or INDEMNITOR(a).
OTHER INDEMNITY
TWENTY SIXTH; The rights, powers and remedies given to SURETY by this AGREEMENT shall be and are in addition to, sod not in lieu of, any and all otherrights, powers, and
remedies which SURETY may have or acquire against PRINCIPAL(s) and [NDEMNITOR(s) or others whetherby the terms ofany other agreement, by operation oflaw or otherwise.
PRINCIPAL(a) and INDEMNITOR(s) shall continue to remain bound under this AGREEMENT even though SURETY may have, at anytime eitherprior to or after the execution of
this AGREEMENT, with or without knowledge 0CPRINCIPAL(s) and INDEMNTTOR(s), accepted or released other agreements ofindemnity from PRINCIAPL.(a), INDEIvIN[TOR(a)
or others or released collateral held in connection with the execution of BOND(s) or other policies of insurance.
PARTIAL INVALIDITY OR EXECUTION
TWENTY SEVENTH; If any of thepereuns named herein as PRINCIPAL(s) and INDE1vIN1TOR(s) fails to execute this AGREEMENT or if the execution hereofby any of lbs
PRINCIPAL(s) and FNDEMNITOR(s) shall be defective or invalid for any reason, such failure, defect or invalidity shall not in any manner diminish or otherwiae affect the obligation
or liability hereunder of any other PRINCIPAL(s) and TNDIIMNITOR(s).
Failure of the PRINCIPAL(s) to sign any BOND(s) shall not relieve the PRINCIPAL(s) and INDEMNITOR(s) of liability under this AGREEMENT.
If any provision or provisions of this AGREEMENT are held to be void or unenforceable under the laws of the place governing its conatmction or enforcement this AGREEMENT
shall not be void or unenforceable thereby but shall continue in effect and be enibreeable as though such provision or provisions were omitted.
SEPARATE ACTION SETTLEMENT
TWENTY EIGHTH; Separate Suits may be brought on this AGREEMENT against any and all of the PRINCIPAL(s) and INDEMNITOR(s) and the bringing of the suitor the
recovery ofajudgment upon soy cause of aetion shall not prejudice or bar the bringing of another suit or suits at any time.
SURETYis hereby expressly aulborizecl to settle any claimbssedupon this AGREBMENTwith anyone or more ofPRINCIPAL(s) and/or TNDEMNITOR(s) individually, and such
settlement or comnprnmJse shall not affect the liability of any of the rest of the PRINCIPAL(s) and fNDEMNITOR(s).
Psge5of8
Contract Indemnity Form (Ed; 05/01/06)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 14 of 19
SET OFF
TWENTY NINTH: SURETY may reduce the amount of PRINCIPAL’s and TNDEMNITOR’s liability to SURETY hereunder by applying to such liability any money payable to PIUNCIPAL(s) and/or INDEMIJITOR(s) by SURETY. The moneypayable to PRINCIPAL(s) or INDEMNITOR(s) nay be, hut is not liniitedto, any money payable by SURETY as an insurer of PRINCIPAL(s) or INDEMNITOR(s) or as an insurer of any other individual or legal entity, or any money payable to PRINCIPAL(s) orINDEhINITOR(s) as a return of unearned or other premium, or money payable to settle a claim of PRINCIPAL(s) or INDEMNITOR(s) against SURETY or any individual or legal entity insured or bonded by SURETY.
WAIVER AND MODIFICATION
THWTWTIr: The rights and remedies affordedto SURETY by the terms of this AGREEMENTmay not be waived ormodificd orally and no written change ormodiftcation shall be effective until signed by an officer of SURETY.
TERMINATION
THIRTYFIRST: This isa continuing AGREEMENT which remains in fail force and effeotuntil terminated. If PRINCIPAL(s) or INDEIvINITOR(s) previously executed a similar
agreement of indemnity in favor of SURETY, SURETY’s accepting this AGREEMENT neither terminates nor relieves PRThllPAL(s) or tNDEMNlTORs) from such similar
alreements unless terminated in accordance with the teruw and conditions of such similar agreements.
This AGREEMENT maybe terminated as to PRINCIPAL(s) or any INDEMNITOR(s) upon written notice sent by registered or certified mail to SURETY st its offices at 436 Walnut
Street, WAI0F, Philadelphia, PA 19106.
Termination of this AGREEMENT shall not b effective until thirty (30) days after receipt of said written notice by SURETY.
Termination of this AGREEMENT shall not relieve PRINCIPAL(s) or INDEMNITOR(s) from liability to SURETY arising out of BOND(s) executed, provided or procured by
ST.JRETY on behalf of PRINCIPAL(s) priorto the effective date of such termination.
IN WITNESS W}IEREOF, THE UNDERSIGNED has/have executed this AGREEMENT this day of__________ , 20_.
PRINClPAL(s).VlrFI I sInes, Inc. _—
By
.
______—
ide Michefott Pwslfint Viridian ridustr,jpc
By
_________
Name and Title
By
_________
Name and Title
By
_________
Nsine and Title
Address 333 Marcus Blvd Hauooauae, NY 11788
Address
Address
Address
By
By
By
By
By
Address 37 Glen Ln., KIngs Park, NY 11754
Address
37 Glen Ln., Kings Park, NY 11754
Address
Address
Address
Address
Address
Address
By
Contract Indemnity Form (Ed: 05/01/06)
Pagefiaof8
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 15 of 19
SET OFF
By
Z,
Prj
Name and Title
Trov Caress. Prenideni Grandeisw C acting Ceep.
INDEMNITOR(s): Tray Caruso, Susan Caruso
By
Troy Caruso
ByQVLA4)
___
Susan Caruso
By
_______________ ______ ________________
By___________________________
By

By
By
By
AddrcsrrlO Colonial Dr., Smithtown, NY 11767
Address 10 Colonial Dr., Smithtown, NY 11767
Address____________________
Address
Address
Address
Address
Address
TWENTYNINTH: SURETYmay reduce the amount of PRINCIPAL’s and 1NDEMNITOR’s liability to SURETY hereunder by applying to such liability any money payable so
PRINCIPAL(s) and/or INDEMN[TOR(s) by SURETY. The money payable to PRINCIPAL(s) orINDEMNITOR(s) may be, but is not limited to, any moneypayable by SURETY as
an insurer of PR1NCIPAL.(a) or INDEMNITOR(s) or as an insurer of any other individual or legal entity, or any money payable to PRiNCIPAL(s) orINDEMNrTOR(s) as a return of
unearned or other premium, or money payable to scttle a claim of PRINCIPAL(s) or INDEMNITOR(s) against SURETY or any individual or legal entity insured or bonded by
SURETY.
WAIVERAND MODIFICATION
THIRTIETh; The rights and remedies atYordcd to SURETY by the terms of thia AGREEMENTmay notbe waived or modified orally and no written change or modifiestionshall be
effective until signed by an officer of SURETY.
TERMINATION
THIRTYFIRST: This is a continuing AGREEMENTwhiehreinaina in full force and effeetutstil terminated. If PRINCIPAL(s) or INDEMNITOR(s) previously executed a similar
agreement of iimdenusity in favor of SURETY, SURETY’s accepting this AGREEMENT neither terminates nor relieves PRINCIPAL(s) or INDEMNITOR(s) fmmn such similar
agreements unless terminated in accordance with the terms and conditions of such similar agreements.
This AGREEMENT may be terminated as to PRINCIPAL(s) or any INDEMN1TOR(s) upon written notice sent by registered or certified mail to SURETY at its offices at 436 Walnut
Street, WAIOF, Philadelphia, PA 19106.
Termination of this AGREEMENT shall not be effective until thirty (30) days alter receipt of said written notice by SURETY.
Termination of this AGREEMENT shall not relieve PRINCIPAL(s) or INDEMNITOR(s) from liability to SURETY arising out of BOND(s) executed, provided or procured by
SURETY on behalf of PRINCIPAL(s) prior to the effective date of such termination.
IN WITNESS WHEREOF, THE UNDERSIGNED has/have executed this AGREEMENT this day of_____________ 20.
PRINCIPAL(s): Diversified Carting, Inc.; Diversified Construction Corp.; Superior Site Work, Inc.; Grandview Contracting Corp.
___________________
By
AddreaselVe.: Bayshore, NY 11706
Nsmne and Title Troy Caruso, President Diversited Carting. inc
______________________ ___________________________________________________
By
Address 28 Garfield Ave., Bayshore, NY 11706
Name and Title Trsy Caruso, president Diversitied Cosstruction Corp
________________________________________________________________________
By
P AddtessGarfield Ave., Bayshore, NY 11706
____________
Name and Title Troy Caruso, President Superior Site Work, Inc.
__________________________________________________________________
________
_______________________________________________________
Address 28 Garfield Ave., Bayshore, NY 11706
_____________
Contret Indemnity Form (Ed: 05/01/06)
Page tof 8
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 16 of 19
FOR NOTARIAL ACKNOWLEDGMENT OF PRTNCIPALs)IINDEMNUOR(s)
State of
\3
)/
CORPORATE/LLC ACKNOWLEDGMENT
County of _i 4ss
‘ )ss:
On this e/ day of rt’&-.j ,20 I ,before me personally came Tray Caruso to me known, who
being by me duly sworn, deposed and says tha(heXshe) is the prestctest of Diversitted Cartng, no,
,tlie
corporation described in and which executed the foregoing Agreement; that (he)(she) knows the teal ofthe said corporation/company; thatthe seal sffixedtothe said Agreement is such
corporate/company seal; that it was so affixed by the order of the Board of Directors of said corporation/company, ned(hisXher) name thereto by like onler.
Sienature orNotary Public)
M3J&VefK_
Notary Pubic, State of New York
State of
I\)
“¼
coRPo’rE1LLc ACKNOWLEDGMENT
No. 01 SH6
124319
Countyof S1
)ss:
Qualified in Suffolk Count
On this
_______
day of____________________ 2O°, before ineperaonslly came Trov Cams
being by me duly sworn, deposed and says that (he)(she) is the Presidett of Diverstted Construction
.erflmI8sOfl-Expn’es-Mar-28-2O’f
me known, who
_______________________ __________________________________________________________
the
corporation desoribed in and which executed the foregoing Agreement; that (he)(she) knows the teal ofthe said corporation/company; that the seal affixed to the said Agreement is such
corporatcJconspany seal; that it was so affixed by tlte order of the Board of Directors of said corporation/company, and tha 5she)sigtwd(hia)(her) name thereto by like order.
Si”nature of Notary Public)
My coEs*RErV
SHATTUCK
Notary Public, State of New York
State of
N
CORPORATE!LLC ACKNOWLEDGMENT
No, 01 SH6 124319
Countyof )ss:
Qualified in Suffolk
Count’v
0,5 this lts day of \ct.j , 2tJO, before me personally came Trov Caruso
Commi33ion Expires Mar
tneknown, who
being by me duly sworn, deposed and says thai (he)(she) is the President
of superior Site Work Inc.
,the
corporation described in and which executed the foregoing Agreement; that (he)(she) knows the teal of the eald comporation/company; thattlic seal affixed to the said Agreement is such
corporate/company seal; that it was so affs.xed by the order of the Board ofDirectors of said corporation/company, and that )(she)sigrmed (his hem’) nassie thereto by like order.
Jotary Public, State of New York
CORPORATE/LLC ACKNOWLEDGMENT No. 01 SH6 124319
&ateothdc
Qualified in Suffolk County
County of So t46 ( k-
) as:
Onthit -o’ dayof’’o’-f ,__,2O,beforemepetsonallycame Trov caruscCoinmission Expires Mar 28,2Ot3melmown,who
beingby me duly sworn, deposed and says that (he)(she is the President

of Grandview Contracting Corp.
,the
corporation described in and which executed the foregoing Agreement; that(he)(she) knows the teal of the said oorporationlconspsny; thatthe seal affixed to the said Agreement is such
corporate/company seal; that it was so affixed by the order of the Board of Directors of said corporation/company, and tha.h(she) signed (his)fher) name thereto by like order.
CK
MslteState
of New York
No. 01 SH61 24319
State of
PARTNERSHIP ACKNOWLEDGMENT
Qualified in Suffolk County
Countyof atL )ss:
Commission Expires Mar 28,2013
On this )ss’t” day of , 20to, before me personally comes
____________________________________________________________
a
snemberof the co-partnership of_____________________________________________________________________________________
to mclcnowu and known tome to be the person(s)
who (ia)(are) described in and who executed the foregoing Agreement; and acknowledge(s) to me that (he) (she) executed the same as and for the act and deed of the ssid co
partnership.
(Signatore of Notary Public) -
My cosnmissioss expires
_______________________
PARTNERSHIP ACKNOWLEDGMENT
State of_______________________________
County of
)
as:
On this
_________
day of , 2O,,,,,, before me personally comes
________________________________________________________________
a
member of the eo.partnerehip of________________________________________________________________________________
tome known and known tome lobe the person(s)
who (is)(are) described in and who executed the foregoing Agreetnent; and acknowledge(s) to me that (he) (she) executed the same as and for the act and deed of the said Co.
partnership.
(Signature of Notary Public)
My commission expires
_________________________
Contract Indemnity Form (Ed; 05101/06)
Pagc7sof8
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 17 of 19
NDWIDUAL ACKNOWLEDGMENT
State of
_______________________________________)
as:
OnIhis day of
4i4— 2oj, before me personally Caine
County of
nent; and
L..,hrIsopner
kno an
keown,to
mey pqthferaon(s) wtt (is)(are) described in and who executed the foregoing Agree!
My comrnissi expires
________________________
Notary Public, State of New York
(Sign re of Not
No. 01 CAG1 76842
______________
Qualified in Suffolk County
Cnmrnicr Nov. 5, 201L INDIVIDUAL ACKNOWLEDGMENT
State of llJde.e— 52s
Countyof
stI-Lic
edge(s 0 e’fhat(he
Onthis ‘O dayof t1n- ‘s ,2Obeforcmepesnonallycsme Patricia Geoffrion
‘‘‘‘\.._ tome
tureofNotPbl
known and known to me to be the person(s) wlT(is)(are) described in and who executed the foregoing Agreement; aAkn
)
executed the same.
Christopher P (aoi’a
Notary Public, Sste of New York
No. UI CA6I 76642
My commin expires_____________
Qualified in Sufolk County
Ni:v, 5, 2011
INDIVIDUAL ACKNOWLEDGMENT
State of !Jco’ Y04
County of &o
___________________________________________)
as:
OnthisQ 4’day of 2O0, before me personally caine Troy Causp
tonic
known and knows to mc to be the person(s) who (is)(are) described in and who executed the foregoing Agreement and acknowledge(s) tb me that (he) (abe) executed the name.
No. 01SH6124319
TNDlVUUAL ACKNOWLEDGMENT
Qualified in Suffolk County
28,2013
State of 1\).
V0
__)
County of
_a4€s
I, ç.
)
ss:
On this ?o” day of_______________________ 2ô, before me personally came Susan Caruso
______________
known and known to me to be the person(s) who (is)(are) described in and who executed the foregoing Agreement; and acknowledge(s) to inc that (he) (she) cxccuted the sante.
W
!(Qfl
Notary PubLic, S
No. 01 SH61 24319
INDIVIDUAL ACKNOWLEDGMENT
Qualifled in Suffolk Count
State of_______________________________________
County of______________________ as:
Commission Expires Mar 28, 201
On this day of — ,20, before me personally came
____________________________________________________________
to mo
known and known to mc to be the person(s) who (is)are described in and who executed the foregoing Agreement; and aeknowledges) tonic that (he) slie) executed the same.
(Signature ofNotasy Public)
My commission expires
tNDIVLDUAL ACKNOWLEDGMENT
Stateof
______________
County of
) as:
On this day of_
20_, before me personally came _____
to me
known and known to me to be the person(s) who (is)(are) described in and who executed the foregoing Agreement; and acknowledge(s) tome that (he) (she) executed the same.
(Signature of Notary Public)
My eonnnission expires
Page 8 of 8
Contract Indemnity Form (Ed: 05101/06)
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 18 of 19
Civil Case No.
Year 20
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ALL-STATE LEGAL”
07181-SF. 07182-BL. 07183-GY. 07184.WH
800.222.0510 ww.iogl.oon,
WESTCHESTER FIRE INSURANCE COMPANY
Plaintiff
- against
VIRIDIAN INDUSTRIES, iNC., DIVERSIFIED
CARTING, INC., DIVERSIFIED CONSTRUCTION
CORP., SUPERIOR SITE WORK, iNC., GRANDVIEW
CONTRACTING CORP., MICHAEL GEOFFR.ION,
PATRICIA GEOFFRJON, TROY CARUSO, and
SUSAN CARUSO,
Defendants.
COMPLAINT
GOTTESMAN, WOLGEL, FLYNN, WEINBERG & LEE, P.C.
A Professional Corporation Incorporated in the State of New York
Attorneys for Plaint
ff
Westchester Fire Insurance Company
11 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 ofNew 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 IVYCRR 1200.41-a.
Dated: Signature
Print Signer’s Name
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
- NOTICE 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:
GOTrESMAN, WOLGEL, FLYNN, WEINBERG & LEE, P.C.
A Professional Corporation Incorporated in the State of New York
Attorneys for
11 HANOVER SQUARE
To.
NEW YORK. N.Y. 10005
Index No.
COPY
Case 1:14-cv-08244-ER Document 1 Filed 10/15/14 Page 19 of 19

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