FILED: CHEMUNG COUNTY CLERK 09/06/2023 12:34 PM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/06/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
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`CAPREESE MOORE
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`X
`:
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`INDEX NO. 2023/5539
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`NOTICE OF APPEARANCE AND
`VERIFIED ANSWER TO VERIFIED
`COMPLAINT
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` :
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` :
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` :
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` :
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`Plaintiff,
`
`-against-
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`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
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`X
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`
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`PLEASE TAKE NOTICE, that the above-named defendant, COSTCO WHOLESALE
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`CORPORATION, (hereinafter “defendant” and/or “answering defendant”), hereby appears in
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`this action and the undersigned have been retained as attorneys for said defendant and demands
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`that you serve all papers in this proceeding upon them at the address stated below.
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`
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`PLEASE TAKE FURTHER NOTICE that answering defendant hereby interposes the
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`following answer to the amended verified complaint:
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`1.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in paragraphs numbered “1”, “2”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “61”,
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`“62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, and “71”, and as a conclusion of law to
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`which no responsive pleading is required and refer all questions of law to the trial court.
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`2.
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`3.
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`Admit the allegations contained in paragraphs numbered “3” and “14”.
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`Deny the allegations contained in paragraphs numbered “13”, “15”, “16”, “17”,
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`“18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”,
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`“34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42,” “43”, “44”, “45”, “46”, “47”, “48”, “49”,
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`“50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, and “60”, and refer all questions of
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`law to the trial court.
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`1 of 5
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`NYSCEF DOC. NO. 12
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/06/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
`
`
`
`X
`:
`
`INDEX NO. 2023/5539
`
`NOTICE OF APPEARANCE AND
`VERIFIED ANSWER TO VERIFIED
`COMPLAINT
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
`X
`
`
`
`PLEASE TAKE NOTICE, that the above-named defendant, COSTCO WHOLESALE
`
`CORPORATION, (hereinafter “defendant” and/or “answering defendant”), hereby appears in
`
`this action and the undersigned have been retained as attorneys for said defendant and demands
`
`that you serve all papers in this proceeding upon them at the address stated below.
`
`
`
`PLEASE TAKE FURTHER NOTICE that answering defendant hereby interposes the
`
`following answer to the amended verified complaint:
`
`1.
`
`Deny knowledge or information sufficient to form a belief as to the allegations
`
`contained in paragraphs numbered “1”, “2”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “61”,
`
`“62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, and “71”, and as a conclusion of law to
`
`which no responsive pleading is required and refer all questions of law to the trial court.
`
`2.
`
`3.
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`Admit the allegations contained in paragraphs numbered “3” and “14”.
`
`Deny the allegations contained in paragraphs numbered “13”, “15”, “16”, “17”,
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`“18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”,
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`“34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42,” “43”, “44”, “45”, “46”, “47”, “48”, “49”,
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`“50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, and “60”, and refer all questions of
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`law to the trial court.
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`1 of 5
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`FILED: CHEMUNG COUNTY CLERK 09/06/2023 12:34 PM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/06/2023
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`Plaintiff is not the proper party in interest and has no standing to bring this action.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`Plaintiff’s claim is time barred by the relevant Statute of Limitations and/or the contract(s)
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`governing shipment and all applicable federal regulations and statutes.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`Plaintiff’s Complaint fails to state a cause of action against answering defendant for which
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`relief can be granted.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`Any damages claimed by plaintiff, said damages being specifically denied by answering
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`defendant, were caused by the culpable conduct of parties or entities other than answering
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`defendant and/or other parties or entities or persons, over which answering defendant has no
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`control and for whose conduct answering defendant has no liability or responsibility.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`Answering defendant is not guilty of any negligence which was a proximate cause of any
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`alleged incident, injuries or damages of which plaintiff complains.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`Plaintiff failed to mitigate any alleged damages, said damages being specifically denied by
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`answering defendant.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`Plaintiff’s damages are speculative and, therefore, plaintiff is barred from recovery.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`2 of 5
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`FILED: CHEMUNG COUNTY CLERK 09/06/2023 12:34 PM
`NYSCEF DOC. NO. 12
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`INDEX NO. 2023-5539
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`RECEIVED NYSCEF: 09/06/2023
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`To the extent plaintiff seeks special and/or consequential damages, plaintiff’s claims are
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`barred because plaintiff and/or its subrogors failed to provide such damages would be sought in
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`the event of a claim of loss.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`In the event plaintiff recovers a verdict or judgment against answering defendant, then the
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`verdict or judgment must be reduced pursuant to CPLR §4545(c) by those amounts which have
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`been, or will, with reasonable certainty, replace or indemnify plaintiff, in whole or in part, for
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`any past or future claimed economic loss, from any collateral source such as insurance.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`The provisions of C.P.L.R. Article 50-B apply to this action.
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
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`
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`Answering defendant did not employ nor did otherwise hire the alleged tortfeasor, Lesha
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`P. Massop.
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
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`
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`Answering defendant did not employ nor did otherwise hire the alleged tortfeasor, Duk
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`Hur.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
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`The Complaint is improperly venued in the Supreme Court of New York, County of
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`Chemung.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`The Complaint is barred by lack of personal jurisdiction over answering defendant.
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`3 of 5
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`FILED: CHEMUNG COUNTY CLERK 09/06/2023 12:34 PM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 09/06/2023
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`Answering defendant did not own, operate, manage, control or otherwise direct the
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`operation of the tractor involved in the alleged accident which is the subject matter of plaintiff’s
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`Complaint.
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
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`
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`Answering defendant is not liable to plaintiff because answering defendant merely owned
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`the trailer that was attached to co-defendant’s tractor at the time of the accident.
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
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`Answering defendant reserves the right to assert such further affirmative defenses as may
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`become known through discovery or as this matter progresses.
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`Dated: September 6, 2023
`New York, New York.
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`
`WEBER GALLAGHER SIMPSON
`STAPLETON FIRES & NEWBY LLP
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`
`
`By:
`JAMES A. WESCOE
`Attorneys for Defendants
`COSTCO Wholesale Corporation, Duke Hur and
`J.B. Hunt Transport, Inc.
`1500 Broadway, Suite 2401
`New York, New York 10036
`Phone: (929) 342-6000
`Fax: (929) 342-6001
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`
`
`
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`TO (Via ECF):
`THE PARIS LAW GROUP, P.C.
`Attorneys for Plaintiff
`Deborah Lara, Esq.
`60 East 42nd Street, Suite 4000
`New York, New York 10165
`(212) 970-8754
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`4 of 5
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`FILED: CHEMUNG COUNTY CLERK 09/06/2023 12:34 PM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 2023-5539
`
`RECEIVED NYSCEF: 09/06/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF CHEMUNG
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`CAPREESE MOORE
`
`
`
`X
`:
`
`INDEX NO. 2023/5539
`
`NOTICE OF APPEARANCE AND
`VERIFIED ANSWER TO VERIFIED
`COMPLAINT
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
` :
`
`
`
`Plaintiff,
`
`-against-
`
`LESHA P. MASSOUP, DUKE HUR, J.B.
`HUNT TRANSPORT, INC., and COSTCO
`WHOLESALE CORPORATION
`
`Defendant.
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
`
`
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`X
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`
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`JAMES A. WESCOE, ESQ., an attorney at law duly admitted to practice before the courts
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`of the State of New York, affirms the following to be true under the penalties of perjury:
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`1.
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`That I am a partner in the law firm of WEBER GALLAGHER SIMPSON
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`STAPLETON FIRES & NEWBY, LLP, attorneys for answering defendant COSTCO
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`WHOLESALE CORPORATION in the above-entitled action.
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`2.
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`That I have read the foregoing answer and know the contents thereof, and that the
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`same is true to my own knowledge except as to the matters therein stated to be alleged upon
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`information and belief, and that as to those matters, I believe it to be true.
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`3.
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`This verification is made by myself and not by the defendant because the defendant
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`is not in the county in which your deponent maintains his office.
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`4.
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`The grounds of my belief as to all matters not stated upon my knowledge are based
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`upon the books, records and documents in my possession.
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`Dated: September 6, 2023
`New York, New York
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`
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`By:
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`JAMES A. WESCOE
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`5 of 5
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