FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
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`Index No.: 158005/2023
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`DAY ACCESSIBILITY &
`MOBILITY SOLUTIONS,
`INC.’s VERIFIED ANSWER
`TO VERIFIED COMPLAINT
`WITH CROSS CLAIMS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`--------------------------------------------------------------------X
`MEGAN KLER and JAGMEET KLER,
`
`- against -
`
` Plaintiff,
`
`KASHIF RIAZ, MEHREEN HAQQIE, DAY
`ACCESSIBILITY & MOBILITY SOLUTIONS, INC.,
`GOTHAM ELEVATOR INSPECTION, INC., and
`MY CASANIA MANAGEMENT, INC.,
`
`Defendants.
`--------------------------------------------------------------------X
`KASHIF RIAZ and MEHREEN HAQQIE,
`
`Third-Party Plaintiffs,
`
`- against -
`
`JOSEPH SUPPA,
`
`Third-Party Defendant.
`--------------------------------------------------------------------X
`
`Defendant, DAY ACCESSIBILITY & MOBILITY SOLUTIONS, INC. (“hereinafter
`
`Answering Defendant”), by its attorneys, BLACK MARJIEH & SANFORD LLP, as and for its
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`Answer to the Complaint (“hereinafter Complaint”), states upon information and belief as follows:
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`1.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “1” of the Complaint.
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`2.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “2” of the Complaint.
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`3.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “3” of the Complaint.
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`4.
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`Answering Defendant admits the allegations set forth in paragraph “4” of the
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`Complaint.
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`5.
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`Answering Defendant admits the allegations set forth in paragraph “5” of the
`
`Complaint.
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`6.
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`Answering Defendant admits the allegations set forth in paragraph “6” of the
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`Complaint.
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`7.
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`Answering Defendant admits the allegations set forth in paragraph “7” of the
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`Complaint.
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`8.
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`Answering Defendant admits the allegations set forth in paragraph “8” of the
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`Complaint.
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`9.
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`Answering Defendant admits the allegations set forth in paragraph “9” of the
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`Complaint.
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`10.
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`Answering Defendant denies the allegations set forth in paragraph “10” of the
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`Complaint and respectfully refers all legal conclusions to the Court.
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`11.
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`Answering Defendant denies the allegations set forth in paragraph “11” of the
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`Complaint and respectfully refers all legal conclusions to the Court.
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`12.
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`Answering Defendant denies the allegations set forth in paragraph “12” of the
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`Complaint and respectfully refers all legal conclusions to the Court.
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`13.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “13” of the Complaint.
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`14.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “14” of the Complaint.
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`15.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “15” of the Complaint.
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`16.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “16” of the Complaint.
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`17.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “17” of the Complaint.
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`18.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “18” of the Complaint.
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`19.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “19” of the Complaint.
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`20.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “20” of the Complaint.
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`21.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “21” of the Complaint.
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`22.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “22” of the Complaint.
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`23.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “23” of the Complaint.
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`24.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “24” of the Complaint.
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`25.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “25” of the Complaint.
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`26.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “26” of the Complaint.
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`27.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “27” of the Complaint.
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`28.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “28” of the Complaint.
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`29.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “29” of the Complaint.
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`30.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “30” of the Complaint.
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`31.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “31” of the Complaint.
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`32.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “32” of the Complaint.
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`33.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “33” of the Complaint.
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`34.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “34” of the Complaint.
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`35.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “35” of the Complaint.
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`36.
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`Answering Defendant denies the allegations set forth in paragraph “36” of the
`
`Complaint.
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`37.
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`Answering Defendant denies the allegations set forth in paragraph “37” of the
`
`Complaint.
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`38.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “38” of the Complaint.
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`39.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “39” of the Complaint.
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`40.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “40” of the Complaint.
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`41.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “41” of the Complaint.
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`42.
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`Answering Defendant denies the allegations set forth in paragraph “42” of the
`
`Complaint as to Answering Defendant.
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`43.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “43” of the Complaint.
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`44.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “44” of the Complaint.
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`45.
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`Answering Defendant denies the allegations set forth in paragraph “45” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`46.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “46” of the Complaint.
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`47.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “47” of the Complaint.
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`48.
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`Answering Defendant denies the allegations set forth in paragraph “48” of the
`
`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`49.
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`Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “49” of the Complaint.
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`50.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “50” of the Complaint.
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`51.
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`Answering Defendant denies the allegations set forth in paragraph “51” of the
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`INDEX NO. 158005/2023
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`Complaint and respectfully refers all legal conclusions to the Court.
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`52.
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`Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “52” of the Complaint.
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`53.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “53” of the Complaint.
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`54.
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`Answering Defendant denies the allegations set forth in paragraph “54” of the
`
`Complaint as to Answering Defendant and respectfully refers all legal conclusions to the Court.
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`55.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “55” of the Complaint.
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`56.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “56” of the Complaint.
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`57.
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`Answering Defendant denies the allegations set forth in paragraph “57” of the
`
`Complaint and respectfully refers all legal conclusions to the Court.
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`58.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “58” of the Complaint.
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`59.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “59” of the Complaint.
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`60.
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`Answering Defendant denies the allegations set forth in paragraph “60” of the
`
`Complaint as to Answering Defendant and respectfully refers all legal conclusions to the Court.
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`61.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “61” of the Complaint.
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`62.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “62” of the Complaint.
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`63.
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`Answering Defendant denies the allegations set forth in paragraph “63” of the
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
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`Complaint.
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`64.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “64” of the Complaint.
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`65.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “65” of the Complaint.
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`66.
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`Answering Defendant denies the allegations set forth in paragraph “66” of the
`
`Complaint as to the Answering Defendant.
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`67.
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`Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “67” of the Complaint.
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`68.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “68” of the Complaint.
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`69.
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`Answering Defendant denies the allegations set forth in paragraph “69” of the
`
`Complaint.
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`70.
`
`Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “70” of the Complaint.
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`71.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “71” of the Complaint.
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`72.
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`Answering Defendant denies the allegations set forth in paragraph “72” of the
`
`Complaint as to the Answering Defendant.
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`73.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “73” of the Complaint.
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`74.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “74” of the Complaint.
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`75.
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`Answering Defendant denies the allegations set forth in paragraph “75” of the
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`Complaint as to Answering Defendant prior to alleged accident and respectfully refers all legal
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`conclusions to the Court.
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`76.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “76” of the Complaint.
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`77.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “77” of the Complaint.
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`78.
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`Answering Defendant denies the allegations set forth in paragraph “78” of the
`
`Complaint as to Answering Defendant prior to alleged accident and respectfully refers all legal
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`conclusions to the Court.
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`79.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “79” of the Complaint.
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`80.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “80” of the Complaint.
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`81.
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`Answering Defendant denies the allegations set forth in paragraph “81” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`82.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “82” of the Complaint.
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`83.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “83” of the Complaint.
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`84.
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`Answering Defendant denies the allegations set forth in paragraph “84” of the
`
`Complaint as to Answering Defendant as compound and respectfully refers all legal conclusions
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`to the Court.
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`85.
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`Answering Defendant denies the allegations set forth in paragraph “85” of the
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`86.
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`Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “86” of the Complaint.
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`87.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “87” of the Complaint.
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`88.
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`Answering Defendant denies the allegations set forth in paragraph “88” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
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`contract for its full and complete contents.
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`89.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “89” of the Complaint.
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`90.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “90” of the Complaint.
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`91.
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`Answering Defendant denies the allegations set forth in paragraph “91” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
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`contract for its full and complete contents.
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`92.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “92” of the Complaint.
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`93.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “93” of the Complaint.
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`94.
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`Answering Defendant denies the allegations set forth in paragraph “94” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
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`contract for its full and complete contents.
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`95.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`as to the truth of the allegations set forth in paragraph “95” of the Complaint.
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`96.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “96” of the Complaint.
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`97.
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`Answering Defendant denies the allegations set forth in paragraph “97” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`98.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “98” of the Complaint.
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`99.
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`Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “99” of the Complaint.
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`100. Answering Defendant denies the allegations set forth in paragraph “100” of the
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`Complaint and respectfully refers all legal conclusions to the Court and refers to any applicable
`
`contract for its full and complete contents.
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`101. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “101” of the Complaint.
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`102. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “102” of the Complaint.
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`103. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “103” of the Complaint.
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`104. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “104” of the Complaint.
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`105. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “105” of the Complaint.
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`106. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “106” of the Complaint.
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`107. Answering Defendant denies the allegations set forth in paragraph “107” of the
`
`Complaint as to Answering Defendant.
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`108. Answering Defendant denies the allegations set forth in paragraph “108” of the
`
`Complaint.
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`109. Answering Defendant denies the allegations set forth in paragraph “109” of the
`
`Complaint as to Answering Defendant.
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`110. Answering Defendant denies the allegations set forth in paragraph “110” of the
`
`Complaint and respectfully refers all legal conclusions to the Court.
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`111. Answering Defendant denies the allegations set forth in paragraph “111” of the
`
`Complaint as to Answering Defendant and respectfully refers all legal conclusions to the Court.
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`AS AND FOR A SECOND CAUSE OF ACTION
`ON BEHALF OF JAGMEET KLER
`
`In response to paragraph “112” of the Complaint, Answering Defendant repeats,
`
`112.
`
`reiterates and realleges each and every response set forth in paragraphs “1” through “111” above
`
`as if fully set forth herein at length.
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`113. Answering Defendant denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth in paragraph “113” of the Complaint.
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`114. Answering Defendant denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations set forth in paragraph “114” of the Complaint.
`
`115. Answering Defendant denies the allegations set forth in paragraph “115” of the
`
`Complaint as to Answering Defendant.
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`FIRST AFFIRMATIVE DEFENSE
`
` Any injuries and/or damages sustained by the Plaintiff, as alleged in Plaintiff’s
`
`116.
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`Complaint herein, which this Answering Defendant denies, were caused, in whole or in part, by
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`the contributory negligence and/or culpable conduct of the Plaintiff or a third party over which
`
`Answering Defendant had no control and not as a result of any negligence and/or culpable conduct
`
`on the part of this Answering Defendant.
`
`SECOND AFFIRMATIVE DEFENSE
`
`117.
`
` That by entering into the activity in which the Plaintiff was engaged at the time of
`
`the occurrence set forth in the Verified Complaint, said Plaintiff knew the inherent risks incident
`
`thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were
`
`sustained by the Plaintiff herein as alleged in the Verified Complaint arise from and were caused
`
`by reason of such risks voluntarily undertaken by the Plaintiff in the activities and such risks were
`
`assumed and accepted by the Plaintiff in performing and engaging in said activities.
`
`THIRD AFFIRMATIVE DEFENSE
`
`118.
`
` Upon information and belief, the injuries and damages, if any, allegedly sustained
`
`by the Plaintiff as alleged in the Verified Complaint were caused by third parties other than this
`
`Answering Defendant over which the Answering Defendant had no control and, by reason of the
`
`foregoing, the Verified Complaint should be dismissed as to the Answering Defendant.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`119. The causes of action set forth in the Complaint fail to state a claim upon which
`
`relief can be granted as to Answering Defendant.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`120. A third party’s actions were the proximate cause of the accident.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`121. Plaintiff failed to utilize readily available safety devices.
`
`
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
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`SEVENTH AFFIRMATIVE DEFENSE
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`122. Necessary or indispensable part(ies) have not been joined and, therefore, the action
`
`should not proceed and should be dismissed.
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`EIGHTH AFFIRMATIVE DEFENSE
`
`123. Answering Defendant had no duty to Plaintiff.
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`NINTH AFFIRMATIVE DEFENSE
`
`124. Answering Defendant did not cause the alleged condition complained of in
`
`plaintiff’s complaint.
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`TENTH AFFIRMATIVE DEFENSE
`
`125. Venue is improper and in view of the foregoing, this action must be dismissed.
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`ELEVENTH AFFIRMATIVE DEFENSE
`
`126.
`
`In the event Plaintiff recovers a verdict or judgment against the Answering
`
`Defendant, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those
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`amounts which have been or will, with reasonable certainty, replace or indemnify Plaintiff, in
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`whole or in part, for any past or future claimed economic loss, from any collateral source such as
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`insurance, social security, workers’ compensation or employee benefit programs.
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`TWELFTH AFFIRMATIVE DEFENSE
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`127. Pursuant to the provisions of Article 16 of the CPLR, should Answering Defendant
`
`be found liable for damages, such liability being 50 percent or less of the total liability assigned to
`
`all persons liable, the liability of Answering Defendant for non-economic loss shall not exceed its
`
`equitable share determined in accordance with the relative culpability of all parties liable.
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`THIRTEENTH AFFIRMATIVE DEFENSE
`
`128. The negligence of a third person or entity over whom Answering Defendant had no
`
`control was a superseding cause and insulates this Answering Defendant from liability.
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`13
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`13 of 19
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
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`FOURTEENTH AFFIRMATIVE DEFENSE
`
`129. Answering Defendant did not have prior actual or constructive notice of any
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`defective, unsafe or hazardous condition at the subject premises.
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`FIFTEENTH AFFIRMATIVE DEFENSE
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`130. While Answering Defendant denies plaintiff’s allegations of negligence and
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`statutory violations, any liability, statutory liability, injury or damages, if proven, were the result
`
`of intervening or interceding acts of superseding negligence, liability, statutory liability or strict
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`liability on the part of parties over whom this Answering Defendant had neither control nor any
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`right of control, and for whose acts or omissions this Answering Defendant is not legally
`
`responsible.
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`SIXTEENTH AFFIRMATIVE DEFENSE
`
`131. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
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`the injuries, damages and/or disabilities alleged in the Verified Complaint.
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`SEVENTEENTH AFFIRMATIVE DEFENSE
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`132.
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` Plaintiff destroyed evidence, i.e. the condition complained of, that was subject to
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`discovery in this lawsuit and would be admissible in evidence at trial, thereby depriving this Court
`
`and the Answering Defendant of such evidence and, therefore, the claims should be barred.
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`EIGHTEENTH AFFIRMATIVE DEFENSE
`
`133. An unknown third-party destroyed evidence that was subject to discovery in this
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`lawsuit and would be admissible in evidence at trial, thereby depriving this Court and the
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`Answering Defendant of such evidence and, therefore, Plaintiff’s suit should be barred.
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`NINETEENTH AFFIRMATIVE DEFENSE
`
`134. Plaintiff’s actions were the sole proximate cause of the accident.
`
`
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`14
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
`
`AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-
`DEFENDANTS KASHIF RIAZ, MEHREEN HAQQIE, GOTHAM ELEVATOR
`INSPECTION, INC., MY CASANIA MANAGEMENT, INC., and JOSEPH SUPPA
`
`If Plaintiff sustained the damages as alleged in the Complaint and said damages
`
`135.
`
`were not sustained as a result of Plaintiff’s own negligence, carelessness, or want of care, then
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`same were caused as a result of the acts and conduct, negligence, carelessness, want of care or
`
`breach of contract on the part of co-Defendants or a third party, without any negligence,
`
`carelessness, or want of care on the part of the Answering Defendant in any way contributing
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`thereto.
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`136.
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`If Plaintiff recovers a judgment against the Answering Defendant, by reason of the
`
`occurrence alleged in the Complaint, the Answering Defendant will be damaged thereby and will
`
`be entitled to common law contribution and indemnification, in whole or in part, from Defendant,
`
`or a third party, for any judgment that may be recovered by Plaintiff against the Answering
`
`Defendant, or for that portion thereof that is shown to be the responsibility of co-Defendants or a
`
`third party, together with Answering Defendant’s costs, expenses and attorneys’ fees.
`
`AS AND FOR A SECOND CROSS CLAIM AGAINST CO-DEFENDANTS KASHIF
`RIAZ, MEHREEN HAQQIE, GOTHAM ELEVATOR INSPECTION, INC., MY
`CASANIA MANAGEMENT, INC. and JOSEPH SUPPA
`
`137. That if Plaintiff sustained the injuries and damages alleged, such injuries and
`
`damages were caused, in whole or in part, by the acts, conduct, negligence, carelessness, or want
`
`of care on the part of Co-defendants, their agents, servants or employees, or a third party without
`
`any negligence, carelessness or want of care on the part of the Answering Defendant.
`
`138. That in the event judgment is recovered herein against the Answering Defendant
`
`by reason of the occurrence alleged in the complaint, said Answering Defendant will be damaged
`
`thereby and will be entitled to contractual indemnification from co-Defendants, or a third party for
`
`any judgment that may be recovered by Plaintiff or any other party the Answering Defendant, or
`
`
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`15
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`15 of 19
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
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`for that portion thereof that is shown to be the responsibility of co-Defendants or a third party
`
`together with all costs, fees and expenses incurred in defending the main action.
`
`AS AND FOR A THIRD CROSS CLAIM AGAINST CO-DEFENDANTS KASHIF RIAZ,
`MEHREEN HAQQIE, GOTHAM ELEVATOR INSPECTION, INC., MY CASANIA
`MANAGEMENT, INC. and JOSEPH SUPPA
`
`139. Upon information and belief, co-Defendants, entered into an agreement pursuant to
`
`which it agreed to obtain and maintain insurance coverage for the Answering Defendant, covering
`
`the circumstances giving rise to the Plaintiff’s alleged damages in the Complaint.
`
`140. Upon information and belief, co-Defendants, breached the aforesaid agreement
`
`when it failed to secure and obtain the insurance coverage required by the aforesaid agreement.
`
`141. That as a result of this breach, if the Answering Defendant is found liable to Plaintiff
`
`for the injuries sustained in the occurrence alleged in the Complaint, the Answering Defendant
`
`will be damaged thereby and co-Defendants, will be responsible to the Answering Defendant for
`
`payment in discharge of its liability to Plaintiff and the costs of defending this lawsuit.
`
`WHEREFORE, the Answering Defendant demands judgment dismissing Plaintiff’s
`
`Complaint, in its entirety, and in the event that judgment is recovered against the Answering
`
`Defendant, together with such other and further relief as the Court deems just and proper.
`
`Dated: Elmsford, New York
`September 28, 2023
`
`BLACK MARJIEH & SANFORD LLP
`Attorneys for Defendant
`Day Accessibility & Mobility Solutions, Inc.
`
` By: ___________________________________
`Lisa J. Black, Esq.
`100 Clearbrook Road, Suite 345
`Elmsford, New York 10523
`Tel. No. (914) 704-4400
`File No. 0610.0105
`lblack@bmslegal.com
`mail@bmslegal.com
`
`
`
`
`16
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`16 of 19
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`FILED: NEW YORK COUNTY CLERK 09/28/2023 01:18 PM
`NYSCEF DOC. NO. 17
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`INDEX NO. 158005/2023
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`RECEIVED NYSCEF: 09/28/2023
`
`TO:
`
`Harris Marks, Esq.
`BELLUCK & FOX, LLP
`Attorneys for Plaintiffs
`546 Fifth Avenue, 5th Floor,
`New York, NY 10036
`Tel No.: (212) 681-1575
`hmarks@belluckfox.com
`
`
`
`
`
`
`
`
`
`
`
`James A. Heuer, Jr., Esq.
`HEUER FISCHER, P.A.
`Attorneys for Plaintiffs
`10 South 5th Street, Suite 950
`Minneapolis, Minnesota 55402
`Tel No.: (612) 236-0055
`*Pro Hac Vice Motion Forthcoming
`
`Steven Zecca, Esq.
`AHMUTY, DEMERS & MCMANUS, ESQS.
`Attorneys for Defendants
`Kashif Riaz & Mehreen Haqqie
`200 I U Willets Road
`Albertson, NY 11507
`Tel No.: (516) 294-5433
`Steven.Zecca@admlaw.com
`
`Daniel Ko, Esq.
`RESNICK & LOUIS, PC
`Attorneys for Defendant
`Gotham Elevator Inspection, Inc.
`520 White Plains Road – Suite 500
`Tarrytown, New York 10591
`Tel No.: (914) 435-7229
`Dko@rlattorneys.com
`
`*No appearance
`MY CASANIA MANAGEMENT, INC.
`C/O Tania Assi
`1419 Ferncrest Road
`Oakville ON L6H 7W2
`Canada
`
`*No appearance
`JOS