FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
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`RECEIVED NYSCEF: 11/01/2024
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`
`
`LSK&D #: 636-3270 / 4891-7664-2549
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------x
`RAYMOND PETTIT and LISA PETTIT,
`
`
`
`Plaintiffs,
`
`
`-against-
`
`NEW YORK CITY HOUSING AUTHORITY and
`WDF INC.,
`
`
`Defendants.
`----------------------------------------------------------------x
`
`
`
`Index No.: 157299/2024
`
`
`VERIFIED ANSWER TO
`AMENDED COMPLAINT
`
`Defendant, NEW YORK CITY HOUSING AUTHORITY, by its attorneys, LESTER
`
`SCHWAB KATZ & DWYER, LLP, answering plaintiff’s Amended Verified Complaint
`
`dated October 29, 2024, respectfully alleges upon information and belief as follows:
`
`1.
`
`Denies knowledge or information sufficient to form a belief as to the truth
`
`or falsity of each and every allegation contained in paragraphs "1", "3", "11", "20", "21",
`
`"22", and "26" of the amended verified complaint.
`
`2.
`
`Denies each and every allegation contained in paragraph "2" of the
`
`amended verified complaint, except admits that defendant, NEW YORK CITY
`
`HOUSING AUTHORITY, is a body corporate and politic duly organized and existing
`
`pursuant to the Public Housing Law of the State of New York.
`
`3.
`
`Denies each and every allegation contained in paragraphs "4", "5", "6",
`
`"7", "8", and "9" of the amended verified complaint except admits that what purported to
`
`be a notice of claim was received by the NEW YORK CITY HOUSING AUTHORITY;
`
`that at least thirty (30) days have elapsed from the time of receipt of what was purported
`
`to be a Notice of Claim on defendant, NEW YORK CITY HOUSING AUTHORITY; that
`
`the action was commenced within one (1) year and ninety (90) days after the alleged
`
`1 of 12
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`NYSCEF DOC. NO. 14
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`INDEX NO. 157299/2024
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`RECEIVED NYSCEF: 11/01/2024
`
`
`
`LSK&D #: 636-3270 / 4891-7664-2549
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------x
`RAYMOND PETTIT and LISA PETTIT,
`
`
`
`Plaintiffs,
`
`
`-against-
`
`NEW YORK CITY HOUSING AUTHORITY and
`WDF INC.,
`
`
`Defendants.
`----------------------------------------------------------------x
`
`
`
`Index No.: 157299/2024
`
`
`VERIFIED ANSWER TO
`AMENDED COMPLAINT
`
`Defendant, NEW YORK CITY HOUSING AUTHORITY, by its attorneys, LESTER
`
`SCHWAB KATZ & DWYER, LLP, answering plaintiff’s Amended Verified Complaint
`
`dated October 29, 2024, respectfully alleges upon information and belief as follows:
`
`1.
`
`Denies knowledge or information sufficient to form a belief as to the truth
`
`or falsity of each and every allegation contained in paragraphs "1", "3", "11", "20", "21",
`
`"22", and "26" of the amended verified complaint.
`
`2.
`
`Denies each and every allegation contained in paragraph "2" of the
`
`amended verified complaint, except admits that defendant, NEW YORK CITY
`
`HOUSING AUTHORITY, is a body corporate and politic duly organized and existing
`
`pursuant to the Public Housing Law of the State of New York.
`
`3.
`
`Denies each and every allegation contained in paragraphs "4", "5", "6",
`
`"7", "8", and "9" of the amended verified complaint except admits that what purported to
`
`be a notice of claim was received by the NEW YORK CITY HOUSING AUTHORITY;
`
`that at least thirty (30) days have elapsed from the time of receipt of what was purported
`
`to be a Notice of Claim on defendant, NEW YORK CITY HOUSING AUTHORITY; that
`
`the action was commenced within one (1) year and ninety (90) days after the alleged
`
`1 of 12
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`
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`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
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`RECEIVED NYSCEF: 11/01/2024
`
`happening of the event upon which the claim is based; that adjustment and payment by
`
`defendant NEW YORK CITY HOUSING AUTHORITY has been refused; that a hearing
`
`has been held on this claim by the NEW YORK CITY HOUSING AUTHORITY, and
`
`reserves and refers all questions of law, fact and/or conclusions raised therein to the
`
`Trial Court.
`
`4.
`
`Denies each and every allegation contained in paragraphs "10", "12", "16",
`
`"17", and "19" of the amended verified complaint.
`
`5.
`
`Denies each and every allegation contained in paragraphs "13", “14”, and
`
`“15” of the amended verified complaint, except admits that defendant NEW YORK CITY
`
`HOUSING AUTHORITY owns the premises located at 60 Baruch Drive, New York, New
`
`York and operates and maintains those portions used in common by all persons lawfully
`
`thereat, except those portions under the control of construction contractors at the time
`
`of the alleged incident, and reserves and refers all questions of law, fact and/or
`
`conclusions raised therein to the Trial Court.
`
`6.
`
`Denies each and every allegation contained in paragraphs “18”, “23”, “24”,
`
`and “25” of the amended verified complaint except admits that on or prior to April 23,
`
`2023 NYCHA had entered into an agreement with defendant WDF INC. to perform
`
`certain construction work, renovation and/or repairs at the premises.
`
`AS AND FOR THE ANSWER OF DEFENDANT
`NEW YORK CITY HOUSING AUTHORITY TO
`THE FIRST CAUSE OF ACTION
`
`7.
`
`With respect to paragraph "28" of the amended verified complaint,
`
`defendant repeats and reiterates the responses to the paragraphs referred to therein.
`
`2 of 12
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`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
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`RECEIVED NYSCEF: 11/01/2024
`
`8.
`
`Denies each and every allegation contained in paragraphs "29" and "30"
`
`of the amended verified complaint.
`
`AS AND FOR THE ANSWER OF DEFENDANT
`NEW YORK CITY HOUSING AUTHORITY TO
`THE SECOND CAUSE OF ACTION
`
`9.
`
`With respect to paragraph "31" of the amended verified complaint,
`
`defendant repeats and reiterates the responses to the paragraphs referred to therein.
`
`10. Denies each and every allegation contained in paragraphs "32" and "33"
`
`of the amended verified complaint.
`
`AS AND FOR THE ANSWER OF DEFENDANT
`NEW YORK CITY HOUSING AUTHORITY TO
`THE THIRD CAUSE OF ACTION
`
`11. With respect to paragraph "34" of the amended verified complaint,
`
`defendant repeats and reiterates the responses to the paragraphs referred to therein.
`
`12. Denies each and every allegation contained in paragraphs "35" and "36"
`
`of the amended verified complaint.
`
`AS AND FOR THE ANSWER OF DEFENDANT
`NEW YORK CITY HOUSING AUTHORITY TO
`THE FOURTH CAUSE OF ACTION
`
`13. With respect to paragraph "37" of the amended verified complaint,
`
`defendant repeats and reiterates the responses to the paragraphs referred to therein.
`
`14. Denies each and every allegation contained in paragraphs "38" and "39"
`
`of the amended verified complaint.
`
`AS AND FOR THE ANSWER OF DEFENDANT
`NEW YORK CITY HOUSING AUTHORITY TO
`THE FIFTH CAUSE OF ACTION
`
`15. With respect to paragraph "40" of the amended verified complaint,
`
`defendant repeats and reiterates the responses to the paragraphs referred to therein.
`
`3 of 12
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`
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`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
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`INDEX NO. 157299/2024
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`RECEIVED NYSCEF: 11/01/2024
`
`16. Denies any knowledge or information sufficient to form a belief as to the
`
`allegations contained in paragraph "41" of the amended verified complaint.
`
`17. Denies each and every allegation contained in paragraphs "42" and "43"
`
`of the amended verified complaint.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`18. Defendant alleges that other parties, whether named or unnamed in
`
`plaintiff’s amended verified complaint, and whether known or presently unknown to
`
`defendant, were negligent or legally responsible or otherwise at fault for the damages
`
`alleged. Therefore, defendant requests that in the event any party recovers against
`
`defendant, whether by settlement or judgment, an apportionment of fault be made by
`
`Court or jury as to all parties. Defendant further requests a judgment or declaration of
`
`indemnification or contribution against each and every party or person in accordance
`
`with the apportionment of fault.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`19.
`
`In the event plaintiff recovers a verdict or judgment against this defendant,
`
`then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those
`
`amounts which have been, or will, with reasonable certainty, replace or indemnify
`
`plaintiff, in whole or in part, for any past or future claimed economic loss, from any
`
`collateral source such as insurance, social security, workers’ compensation or
`
`employee benefit programs.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`20.
`
`That any injuries and/or damages sustained by the plaintiff, as alleged in
`
`the amended verified complaint herein, were caused in whole or in part by the
`
`4 of 12
`
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`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`contributory negligence and/or culpable conduct of each plaintiff and not as a result of
`
`any contributory negligence and/or culpable conduct on the part of this answering
`
`defendant.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`21.
`
`If any injuries and damages sustained by the plaintiff at the time and place
`
`in the manner alleged in the amended verified complaint, such damages and injuries
`
`are attributable, in whole or in part, to culpable conduct of the plaintiff and/or third
`
`parties, and if any damages are recoverable against this defendant, the amount of such
`
`damages shall be diminished in the proportion which the culpable conduct attributable
`
`to the plaintiff and/or third parties bears to the culpable conduct which caused the
`
`damage pursuant to Section 1601 of the CPLR.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`22. Upon information and belief, plaintiff has failed to join a necessary party to
`
`this action.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`23.
`
`The liability of this defendant, if any, to the plaintiff(s) for non-economic
`
`loss is limited to its equitable share, determined in accordance with the relative
`
`culpability of all persons or entities contributing to the total liability for non-economic
`
`loss, including named parties and others over whom plaintiff(s) could have obtained
`
`personal jurisdiction with due diligence.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`24. Any and all risks, hazards, defects and dangers alleged are of an open,
`
`obvious and apparent nature and inherent and known or shown have been known to the
`
`5 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`plaintiff herein, and the plaintiff willingly and voluntarily assumed all such risk, hazards,
`
`defects and dangers. If it is determined that the plaintiff assumed the risk, this
`
`answering defendant pleads said facts in diminution of damages in the proportion which
`
`the culpable conduct attributable to the plaintiff bears to the culpable conduct which
`
`caused the damages.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`
`25. Upon information and belief, pursuant to an agreement of contractual
`
`indemnification, this answering defendant is to be held harmless from any liability
`
`arising out of plaintiff’s cause of action.
`
`AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-
`DEFENDANT WDF INC., DEFENDANT NEW YORK CITY
`HOUSING AUTHORITY ALLEGES:
`
`26.
`
`If the plaintiff was caused to sustain damages at the time and place set
`
`forth
`
`in
`
`the plaintiff’s amended verified complaint
`
`through any carelessness,
`
`recklessness and/or negligence other than the plaintiff’s own, such damages were
`
`sustained wholly due to the primary and active carelessness, recklessness and
`
`negligent acts or omissions by the co-defendant named above, its agents, servants
`
`and/or employees with the negligence of the answering defendant, if any, being
`
`secondary, derivative and by operation of law.
`
`27.
`
`Further, if plaintiff should recover judgment against the answering
`
`defendant, then the co-defendant shall be liable to indemnify the answering defendant
`
`in whole for the amount of any recovery obtained herein by the plaintiffs against the
`
`answering defendant as the Court or Jury may direct.
`
`6 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`28.
`
`That by reason of this action, said answering defendant has been and will
`
`be put to costs and expenses including attorneys’ fees, and, the answering defendant
`
`demands judgment dismissing the complaint herein as to the answering defendant and
`
`further demands judgment over and against the above-named co-defendant for the
`
`amount of any judgment which may be obtained herein by the plaintiff against the
`
`answering defendant or in such amount as the Court or Jury may direct together with
`
`the costs and disbursements of the action.
`
`AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-
`DEFENDANT WDF INC., DEFENDANT NEW YORK CITY
`HOUSING AUTHORITY ALLEGES:
`
`29. Upon information and belief, that if and in the event Plaintiffs sustained the
`
`injuries and damages complained of, such injuries and damages were caused in whole
`
`or in part, by reason of the negligence, carelessness, recklessness, violations of law
`
`and strict liability of the defendant NEW YORK CITY HOUSING AUTHORITY, without
`
`any wrongdoing on the part of defendant NEW YORK CITY HOUSING AUTHORITY
`
`contributing thereto.
`
`30. By reason of the foregoing, in the event that any judgment or verdict is
`
`recovered against defendant NEW YORK CITY HOUSING AUTHORITY, defendant
`
`NEW YORK CITY HOUSING AUTHORITY is entitled to contribution from and to
`
`judgment over and against defendant NEW YORK CITY HOUSING AUTHORITY equal
`
`to the proportionate share of responsibility as is adjudged between all the Defendants
`
`herein.
`
`7 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`AS AND FOR A THIRD CROSS-CLAIM AGAINST CO-
`DEFENDANT WDF INC., DEFENDANT NEW YORK CITY
`HOUSING AUTHORITY ALLEGES:
`
`31.
`
`If the plaintiff was caused damage or injury as alleged in the amended
`
`verified complaint through breach of contract, breach of warranty (express or implied),
`
`or any other culpable conduct, then said damages were sustained due to the culpable
`
`conduct of co-defendant and not as a result of any culpable conduct on the part of this
`
`answering defendant.
`
`32.
`
`If the plaintiff should recover a judgment against this answering defendant,
`
`then co-defendant shall be held liable to this answering defendant for the full amount of
`
`said judgment or shall be held liable on the basis of apportionment of responsibility for
`
`the alleged occurrence.
`
`33. Based upon the foregoing, this answering defendant shall be entitled to
`
`contractual indemnification from and judgment over and against co-defendant for all or
`
`any part of any verdict or judgment which plaintiff may recover against this answering
`
`defendant based upon breach of any agreement, contract, warranty (express or
`
`implied), or any negligence, carelessness, recklessness or other conduct constituting
`
`any said breach.
`
`AS AND FOR A FOURTH CROSS-CLAIM AGAINST CO-
`DEFENDANT WDF INC., DEFENDANT NEW YORK CITY
`HOUSING AUTHORITY ALLEGES:
`
`34.
`
`That if the plaintiff was entitled to recover from the answering defendant,
`
`then the co-defendant will be obliged to indemnify the answering defendant pursuant to
`
`the terms of an agreement which provides that this/ defendant shall be an additional
`
`insured on the policy of liability insurance obtained pursuant to the terms to Kinney v.
`
`Lisk said co-defendant shall be liable for and will indemnify and hold harmless this co-
`
`8 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`defendant in were for any and all amounts awarded to said plaintiffs as well as all costs
`
`and disbursements associated with this litigation.
`
`35.
`
`Further, if plaintiff or any other party should recover judgment against the
`
`answering defendant, then plaintiff shall be liable to the answering defendant on the
`
`basis of apportionment of responsibility for the alleged occurrence and the answering
`
`defendant is entitled to contribution from and judgment over and against the plaintiff for
`
`all or part of any verdict or judgment which any party may recover in such amounts as a
`
`Jury or Court may direct.
`
`36. This answering defendant demands judgment dismissing the complained
`
`herein as to the answering defendant or in such amount as the Court or jury may direct
`
`together with the costs and disbursements of the action.
`
`WHEREFORE, the answering defendant demands judgment dismissing the
`
`amended verified complaint, or in the event the plaintiffs recover a verdict or judgment
`
`against the answering defendant, then this defendant demands judgment over against
`
`the co-defendant above named,
`
`together with
`
`the attorneys'
`
`fees, costs and
`
`disbursements of this action
`
`Dated:
`
`
`
`New York, New York
`November 1, 2024
`
`
`
`Yours, etc.
`
`LESTER SCHWAB KATZ & DWYER, LLP
`
`s/ Kristina M. Scotto
`________________________________
`Kristina M. Scotto
`Attorneys for Defendant
`NEW YORK CITY HOUSING AUTHORITY
`100 Wall Street
`New York, New York 10005
`(212) 964-6611
`
`9 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`
`TO:
`
`Helina Manesis, Esq.
`ZAREMBA GROWN PLLC
`40 Wall Street
`52nd Floor
`New York, NY 10005
`(212) 380-6700
`Attorneys for Plaintiffs
`
`WDF INC.
`28 Liberty Street
`New York, NY 10005
`Defendant
`
`
`
`
`
`
`
`10 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`AFFIRMATION OF SERVICE
`
`I affirm this 1st day of November, 2024, that I served the within VERIFIED
`
`ANSWER TO AMENDED COMPLAINT, upon the following persons via regular mail:
`
`
`WDF INC.
`28 Liberty Street
`New York, NY 10005
`Defendant
`
`I affirm this 1st day of November, 2024, under the penalties of perjury under the
`
`
`
`
`
`laws of the State of New York, which may include a fine or imprisonment, that the
`
`foregoing is true, and I understand that this document may be filed in an action or
`
`proceeding in a court of law.
`
`
`
`
`
`
`
`s/ Stacy Stanford
`______________________________
`STACY STANFORD
`
`11 of 12
`
`
`
`FILED: NEW YORK COUNTY CLERK 11/01/2024 03:53 PM
`NYSCEF DOC. NO. 14
`
`INDEX NO. 157299/2024
`
`RECEIVED NYSCEF: 11/01/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`----------------------------------------------------------------x
`RAYMOND PETTIT and LISA PETTIT,
`
`
`
`Plaintiffs,
`
`
`-against-
`
`NEW YORK CITY HOUSING AUTHORITY and
`WDF CONSTRUCTION GROUP INC.,
`
`
`Defendants.
`----------------------------------------------------------------x
`
`
`Index No.: 157299/2024
`
`
`
`
`VERIFIED ANSWER TO AMENDED COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`LESTER SCHWAB KATZ & DWYER, LLP
`
`ATTORNEYS FOR
`
`Defendant
`NEW YORK CITY HOUSING AUTHORITY
`
`100 WALL STREET
`
`NEW YORK, N.Y. 10005
`
`(212) 964-6611
`
`FAX: (212) 267-5916
`
`12 of 12
`
`
`
`
`
`
`
`
`
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