FILED: NEW YORK COUNTY CLERK'me-2014 03:26 P l
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`FILED: NEW YORK COUNTY CLERK 08/12/2014 03:26 PMFILED: NEW YORK COUNTY CLERK 10/09/2014 01:29 PM
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`NYSCEF DOC. NO.
`2
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`NYSCEF DOC. NO. 2NYSCEF DOC. NO. 7
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`INDEX N05157729/2014
`INDEX NO. 157729/2014INDEX NO. 157729/2014
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`RECEIVED NYSCEF: me/m2/2014
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`RECEIVED NYSCEF: 08/12/2014RECEIVED NYSCEF: 10/09/2014
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`SUPREME COURT OF THE STATE OF NEW YORK
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`COUNTY OF NEW YORK
`_________________________________________________________________X
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`PEI JUN LL
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`Index No.: 157729/14
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`Plaintiff,
`
`.
`—aga1nst—
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`VERIFIED ANSWER
`_____________
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`THE SALVATION ARMY,
`
`_________________________________________________________________X
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`Defendant.
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`Defendant THE SALVATION ARMY, as and for its Verified Answer to the Verified
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`Complaint of plaintiff, respectfully sets forth:
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`PARTIES
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`1.
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`Denies knowledge or information sufficient to form a belief as to the allegations
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`contained in paragraph “1”.
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`2.
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`3.
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`Denies the allegations contained in paragraphs “2”, “3”, “5”, “6” and “7”.
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`Admits the allegations contained in paragraph “4”.
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`FACTS
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`4.
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`Denies knowledge or information sufficient to form a belief as to the allegations
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`contained in paragraphs “8” through “21” and “23” through “28”, and refers all questions of law
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`to this Honorable Court at the time of trial.
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`5.
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`Denies the allegations contained in paragraphs “22” and “29” through “43”, and
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`refers all questions of law to this Honorable Court at the time of trial.
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`6.
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`Upon information and belief, any injuries and/or damages sustained by the
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`plaintiff herein were not caused by the wrongdoing of the answering defendant,
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`its agents,
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`servants and/or employees, but were caused solely by the wrongdoing of the plaintiff and that
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`
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`FILED: NEW YORK COUNTY CLERK 08/12/2014 03:26 PMFILED: NEW YORK COUNTY CLERK 10/09/2014 01:29 PM
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`NYSCEF DOC. NO.
`2
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`NYSCEF DOC. NO. 2NYSCEF DOC. NO. 7
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`INDEX N05157729/2014
`INDEX NO. 157729/2014INDEX NO. 157729/2014
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`RECEIVED NYSCEF: me/m2/2014
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`RECEIVED NYSCEF: 08/12/2014RECEIVED NYSCEF: 10/09/2014
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`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`_________________________________________________________________X
`
`PEI JUN LL
`
`Index No.: 157729/14
`
`Plaintiff,
`
`.
`—aga1nst—
`
`VERIFIED ANSWER
`_____________
`
`THE SALVATION ARMY,
`
`_________________________________________________________________X
`
`Defendant.
`
`Defendant THE SALVATION ARMY, as and for its Verified Answer to the Verified
`
`Complaint of plaintiff, respectfully sets forth:
`
`PARTIES
`
`1.
`
`Denies knowledge or information sufficient to form a belief as to the allegations
`
`contained in paragraph “1”.
`
`2.
`
`3.
`
`Denies the allegations contained in paragraphs “2”, “3”, “5”, “6” and “7”.
`
`Admits the allegations contained in paragraph “4”.
`
`
`FACTS
`
`4.
`
`Denies knowledge or information sufficient to form a belief as to the allegations
`
`contained in paragraphs “8” through “21” and “23” through “28”, and refers all questions of law
`
`to this Honorable Court at the time of trial.
`
`5.
`
`Denies the allegations contained in paragraphs “22” and “29” through “43”, and
`
`refers all questions of law to this Honorable Court at the time of trial.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`6.
`
`Upon information and belief, any injuries and/or damages sustained by the
`
`plaintiff herein were not caused by the wrongdoing of the answering defendant,
`
`its agents,
`
`servants and/or employees, but were caused solely by the wrongdoing of the plaintiff and that
`
`
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`such conduct requires diminution of any award, verdict or judgment that plaintiff may recover
`
`against said answering defendant.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`7.
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`Plaintiff’s damages for medical care and treatment, custodial care, rehabilitation,
`
`loss of earnings and other economic loss, and all related special damages, whether incurred in the
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`past or to be incurred in the future, was or will, with reasonable certainty, be replaced or
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`indemnified from collateral sources and, pursuant
`
`to CPLR 4545(0), will be subject
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`to
`
`appropriate offset and reduction.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`8.
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`The claims and causes of action against the answering defendant is meritless and
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`frivolous and warrant dismissal and the award of appropriate costs and sanctions.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`9.
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`At the time and place mentioned in the Complaint, the answering defendant was
`
`not guilty of any negligence which was a proximate cause of the alleged accident, injuries and
`
`damages of any other party.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`10.
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`The answering defendant violated no legal duty owing by them to any other party.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`11.
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`Other parties were guilty of comparative negligence of a greater degree than the
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`negligence of the answering defendant which is denied.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`12.
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`The alleged damages sustained are the proximate result of the acts and/or
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`omissions of parties over which these parties exercised no control.
`
`2
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`
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`13.
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`Upon information and belief, in the event that a judgment is rendered against
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`answering defendant, shall not be responsible for more than their proportionate share of liability
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`pursuant to Section 1601, et. seq. of the CPLR.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`14.
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`Upon information and belief, plaintiffs economic loss, if any, as specified in
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`Section 4545 of the CPLR, was replaced or indemnified, in whole or in part, from collateral
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`sources, and the answering defendant
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`is entitled to have the Court consider the same in
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`determining such special damages as provided in Section 4545 of the CPLR.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`15.
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`Upon information and belief, answering defendant has no liability to plaintiff by
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`reason of plaintiff having undertaken conduct such as to have assumed the risk of all that conduct
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`complained of by plaintiff having flowed therefrom.
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
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`16.
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`Upon information nand belief, the Verified Complaint fails to state a cause of
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`action upon which relief may be granted.
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`DEFENSES RESERVED
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`17.
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`Answering defendant hereby give notice that they intend to rely upon any other
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`defenses that may become available or apparent during the discovery proceedings in this matter,
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`and hereby reserve their right to amend their Answer and to assert any such defense.
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`
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`WHEREFORE, defendant THE SALVATION ARMY, demands:
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`Judgment dismissing the Verified Complaint.
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`Dated:
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`New York, New York
`August 12, 2014
`
`FRENC
`
`
`
`
`THE SALVATION ARMY
`29 Broadway, 27th Floor
`New York, New York 10006
`(212) 797-3544
`Our File #: 7300.1014
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`To:
`
`Adam B. Ross, Esq.
`Novo Law Firm, P.C.
`Attorneys for Plaintiff
`299 Broadway, 17th Floor
`New York, New York 10007
`(212) 233—6686
`
`
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`VERIFICATION FOR ATTORNEY
`
`The undersigned, an attorney admitted to practice law in the State of New York, affirms:
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`That the undersigned is a member of the firm of FRENCH & CASEY, LLP, attorneys of
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`record for defendant THE SALVATION ARMY in the within action; that the undersigned has
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`read the foregoing and knows the contents thereof; that the same are true to affirmant’s own
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`knowledge, except as to the matters therein stated to be alleged on information and belief; and as
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`to those matters affirmant believes them to be true.
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`The undersigned further states that the reason this Verification is being made by the
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`undersigned and not by defendant is because said party does not reside or maintain a place of
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`business in New York County where your affirmant’s office is located.
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`The grounds of affirmant‘s belief as to all matters not stated to be upon affirmant’s
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`knowledge are materials contained in affirmant’s file.
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`The undersigned affirms that the foregoing statements are true, under the penalty of
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`perjury.
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`Dated: New York, New York
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`August 12, 2014
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`
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`AFFIDAVIT OF SERVICE
`
`ss:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`Vimla Ramdhani, being duly sworn, deposes and says:
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`That I am not a party to the within action, am over 18 years of age and reside in Queens
`County, New York.
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`That on August 12, 2014, deponent served the within VERIFIED ANSWER upon the
`attorneys and parties listed below by United States prepaid mail by placing same in a mailbox in
`the State of New York to:
`
`Adam B. Ross, Esq.
`Novo Law Firm, PC.
`Attorneys for Plaintiff
`299 Broadway, 17th Floor
`New York, New York 1.0007
`
`(212) 233—6686
`
`Sworn to before me this
`8th day of August, 2014
`
`Wafim
`
`OTARY PUBLIC
`
`Susan A. Romano
`
`Notary Public, State of New York
`No.02R05074359
`
`Qualified in Richmond County
`Commission Expires March 10, 2015
`
`0 ‘
`Vimla Rani
`
`i
`
`‘
`
`
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