FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSC 3F DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`IND
`EX NO.
`704190/2013
`INDEX NO. 704190/2013
`
` VYSC
`
` 4|IV-v .D
` 3F:
`
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`Exhibit A
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSCEF DOC. NO. 25
`N FCIEEEIDDC . I 0EENS COUNTY CLERK 10 m 2 0 l3
`NYSCEF 00c. NO.
`1
`
`
`
`INDEX NO. 704190/2013
`INDEX NO- 704190/2013
`
`
`
`RECEIVED NYSCEF: 11/14/2017
`RxC*.IW%E}§YRE%EF7:O4lll9/Ol/Z¥P2@l7
`RECEIVED NYSCEF: 10/02/2013
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`——————————————————————————————————————
`
`RUBI VARGAS,
`
`Filed on:
`
`Index No:
`
`Plaintiff,
`
`Plaintiff designates
`QUEENS COUNTY
`
`as place of trial
`
`sagainste
`
`SUMMONS
`
`Basis of Venue:
`Defendant’s address
`
`Plaintiff's residence
`570 156U1Street
`New York, New York 10031
`
`A.I.C, APPLE COMPACTOR CORP., BIG APPLE
`COMPACTOR COMPANY,
`INC , BIG APPLE
`COMPACTOR REPAIRER INC.,
`“JOHN DOES,”
`persons intended to be manufacturers,
`distributors, repairers, assemblers
`of garbage compactor model number
`AP—lOG,
`
`Defendants.
`
`To the above named Defendant
`
`in this
`the complaint
`YOU ARE HEREBY SUMMONED to answer
`action and to serve a copy of your answer, of,
`if the complaint is
`not served with this summons,
`to serve a notice of appearance, on
`the Plaintiffs' Attorney within 20 days after the service of this
`summons, exclusive of the day of service (or within 30 days after
`the
`service
`is
`complete
`if
`this
`summons
`is
`not personally
`delivered to you within the State of New York);
`and in case of
`your failure to appear or answer,
`judgment will be taken against
`you by default for the relief demanded in the complaint.
`
`Dated:
`
`New York, New York
`October 2, 2013
`
`GEORGE N. STATFELD. P.C.
`
`Attorney for Plaintiffs
`3 West 35th Street
`
`New York, New York 10001
`(212) 947 — 9166
`
`DEFENDANT'S ADDRESS:
`
`A.I.C, APPLE COMPACTOR CORP./BIG APPLE COMPACTOR COMPANY,
`Laurel Hill Boulevard, Woodside, NY 11377
`
`INC., 64-20
`
`BIG APPLE COMPACTOR REPAIRER INC.,
`City, NY 11101
`
`4271 Hunter Street, Long Island
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSC
`EF DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`
`INDEX N0-
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`_____________________________________ x
`
`RUBI VARGAS,
`
`Plaintiff(s),
`
`Filed On:
`Index No.:
`
`—against—
`
`PLAINTIFF’S VERIFIED
`COMPLAINT
`
`A.I.C, APPLE COMPACTOR CORP., BIG APPLE
`COMPACTOR COMPANY,
`INC., BIG APPLE
`COMPACTOR REPAIRER INC.,
`“JOHN DOES,”
`persons intended to be manufacturers,
`distributors, repairers, assemblers
`of garbage compactor model number
`AP-lOO,
`
`Defendant(s),
`______________________________________ X
`
`Plaintiff, by his attorney, GEORGE N. STATFELD, ESQ., upon
`
`information and belief, alleges:
`
`FIRST CAUSE OF ACTION
`
`1.
`
`Plaintiff resides in the County of New York, City and
`
`State of New York.
`
`2.
`
`Defendant
`
`is a duly' organized domestic and foreign
`
`corporation, and does business in New York State.
`
`3.
`
`At all times herein mentioned the defendant was engaged
`
`in the business of manufacturing and.
`
`repairing, maintaining,
`
`assembling, distributing a compactor model # AP—IOO and serial #
`
`unknown,
`
`photo
`
`annexed
`
`forming part
`
`of
`
`this
`
`Summons
`
`and
`
`Complaint.
`
`4.
`
`That on or about September 17, 2012,
`
`the plaintiff was
`
`employed by PARKOF GROUP,
`
`located at 98 Cuttermell Street, Suite
`
`444, Great Neck, NY 11021.
`
`5.
`
`That on or about
`
`the 1'7th day of September 2012,
`
`the
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSCI
`EF DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`
`INDEX N0-
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`plaintiff was working with,
`
`the said machine,
`
`and. was
`
`injured
`
`solely due to the negligence, carelessness and recklessness of
`
`the
`
`defendant herein,
`
`all
`
`to his
`
`damage
`
`in
`
`the
`
`sum TWO
`
`($2,000,000.00) DOLLARS.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`6.
`
`The defendant herein each in connection with their
`
`business activities
`
`aforementioned warranted and
`
`represented
`
`expressly and implied that
`
`their product was fit, capable and
`
`suitable for the use and purposes intended and that
`
`same was of
`
`merchantable quality and the same was safe, not dangerous and
`
`improper.
`
`7.
`
`Plaintiff was entitled to rely upon the warranty of
`
`merchantability and fitness for use.
`
`8.
`
`9.
`
`Defendant was in breach of express warranty.
`
`By reason of the foregoing, plaintiff has been damaged
`
`in the sum of TWO ($2,000,000.00) MILLION DOLLARS.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`
`10.
`
`By reason of the foregoing,
`
`the defendant was in breach
`
`of implied warranty.
`
`11.
`
`By'
`
`reason. of
`
`the foregoing,
`
`the plaintiff has been
`
`damaged in the sum of TWO ($2,000,000.00) MILLION DOLLARS.
`
`AS AND FOR A FOURTH CAUSE OF ACTION
`
`l2.
`
`Said product/machine was
`
`in a defective, unsafe and
`
`hazardous condition and was defectively' designed in a manner
`
`which, was unnecessarily' unsafe and dangerous
`
`to users and/or
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK L1£112017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`IMEXNQ
`
`
`
`
`
`R«C«IV«D VYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`
`
`consumers.
`
`13.
`
`Said defects
`
`and
`
`dangerous
`
`conditions were
`
`of
`
`a
`
`substantial factor in bringing about
`
`the plaintiff's injuries and
`
`were known or in the exercise of reasonable care should have been
`
`known to the defendants.
`
`14.
`
`The product/machine was defective
`
`at
`
`the
`
`time of
`
`manufacture and/or distribution.
`
`15.
`
`By
`
`reason of
`
`the
`
`foregoing,
`
`defendant
`
`has
`
`become
`
`strictly liable in tort to the plaintiff, and has been damaged in
`
`the amount Of TWO ($2,000,000.00) MILLION DOLLARS.
`
`WHEREFORE,
`
`the p1aintiff(s)
`
`demand
`
`judgment against
`
`the
`
`defendants as follows:
`
`As and for all causes of Action —
`
`TWO
`
`($2,000,000.00) MILLION
`
`DOLLARS;
`
`together with interests, costs and disbursements.
`
`Dated:
`
`New York, New York
`
`October 2, 2013
`
`Yours, etc.,
`
`GEORGE N. STATFELD, ESQ.
`Attorney for Plaintiff
`3 West 35th Street
`New York, New York 10001
`(212) 947 — 9166
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`INDEX N0-
`
`ATTORNEY'S VERIFICATION
`
`STATE OF NEW YORK
`
`)
`
`SS:
`
`COUNTY OF NEW YORK )
`
`GEORGE N.
`
`STATFELD, ESQ.,
`
`an attorney duly admitted to
`
`practice law in the Courts of New York State, hereby affirms as
`
`true, under
`
`the penalty of perjury that your affirmant
`
`is the
`
`attorney for the plaintiff herein;
`
`that affirmant has read the
`
`foregoing SUMMONS AND COMPLAINT, and knows the contents thereof;
`
`that same is true to affirmant‘s own knowledge, except as to the
`
`matters therein stated to be alleged upon information and belief,
`
`and that those matters affirmant believes to be true. Affirmant
`
`further
`
`says
`
`that
`
`the
`
`reason this
`
`affirmation is made
`
`by
`
`affirmant and not by plaintiff
`
`is because plaintiff does not
`
`reside in the County wherein your affirmant maintains an office.
`
`The grounds of affirmant's belief as
`
`to all matters not
`
`stated upon affirmant's
`
`knowledge
`
`are
`
`as
`
`follows:
`
`books,
`
`records,
`
`reports
`
`and documents
`
`contained,
`
`in the file and/or
`
`conversations had with plaintiff.
`
`Dated:
`
`New York, New York
`
`October 2, 2013
`
`GEORGE N. STATFELD, ESQ.
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK L1£112017 11:59 AM
`NYSCI
`3F DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`04190/2013
`INDEX NO. 704190/2013
`
`IMEXN0-7
`
`
`
`
`RnCfiIVfiD \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`
`‘
`
`——-+ ——————————————————————————————————
`RUBIN VARGAS,
`
`Filed on: 10/2/2013
`Index No: 704190/2013
`
`Plaintiff,
`
`'
`
`~against—
`
`A.I.C, APPLE COMPACTOR CORP., BIG APPLE
`COMPACTOR'COMPANY,
`INC., BIG APPLE
`COMPACTOR REPAIRER INC.,
`“JOHN DOES,”
`persons intended to be manufacturers,
`distributors, repairers, asaemblers
`of garbage compactor model number
`AP—lOO, and JUNIPER INDUSTRIES,
`INC.,
`
`Defendants.
`
`To the above named Defendant
`
`Plaintiff designates
`QUEENS COUNTY
`
`as place of trial
`
`AMENDED summons
`
`Basis of Venue:
`Defendant’s addreSS
`
`Plaintiff's residence
`570 156th Street
`New York, New York 10031
`
`in this
`the complaint
`YOU .ARE HEREBY SUMMDNED to answer
`action and to serve a copy of your answer, of,.if the complaint is
`not served with this summons,
`to serve a notice of appearance, on
`the Plaintiffs' Attorney within 20 days after the service of this
`summons, exclusive of the day of service (or within 30 days after
`the
`service
`is
`complete
`if
`this
`summons
`is not personally
`delivered to you within the State of New York); and in case of
`your failure to appear or answer,
`judgment will be taken against
`you by default for the relief demanded in the complaint.
`
`Dated:
`
`New York, New York
`May 15, 2014
`
`.
`
`finf‘ c 1.x:57
`
`.C.
`N. STATFE
`OR
`tto ney for Plaintyéfs
`West 35th Street
`
`g%é7
`
`New York, New York 10001
`(212) 947 - 9166
`
`DEFENDANT'S ADDRESS:
`
`A.I.C, APPLE COMPACTOR CORP./BIG APPLE COMPACTOR COMPANY,
`Laurel Hill Boulevard, Woodside, NY 1137?
`
`INC.,
`
`64—20
`
`BIG APPLE COMPACTOR REPAIRER INC.,
`City, NY 11101
`
`4271 Hunter Street, Long Island
`
`JUNIPER INDUSTRIES,
`NY 11379
`
`INC.,
`
`72—15 Metropolitan Avenue, Middle Village,
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK L1£112017 11:59 AM
`
`NYSCEE DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`INDEX NO. 704190/2013
`IMEXNQ W4NOQOB
`
`
`
`
`
`RfiCfiIVfiD NYSCEF: 11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`_____________________________________ X
`
`RUBIN VARGAS,
`
`'
`
`Plaintiff(s),
`
`—
`
`-againstn
`
`Filed On: 10/2/2013
`Index No.: 704190/2013
`
`PLAINTIFF’S AMENDED
`VERIFIED COMPLAINT
`
`A.I.C, APPLE COMPACTOR CORP., BIG APPLE
`COMPACTOR COMPANY,
`INC., BIG APPLE
`COMPACTOR REPAIRER INC.,
`“JOHN DOES,”
`persons intended to be manufacturers,
`distributors, repairers, assemblers
`of garbage compactor model number
`AP—lOO, and JUNIPER INDUSTRIES,
`INC.,
`
`Defendant{s),
`_____________________________h________X
`
`Plaintiff, by his attorney, GEORGE N. STATFELD, ESQ., upon
`
`information and belief, alleges:
`
`FIRST CAUSE OF ACTION
`
`1.
`
`Plaintiff resides in the County of New York, City and
`
`State of New York.
`
`2.
`
`Defendant
`
`is
`
`a duly organized domestic and foreign
`
`corporation, and does business in New York State.
`
`3.
`
`At all times herein mentioned the defendant was engaged
`
`in the business of .manufacturing and repairing,. maintaining,
`'assembling, distributing a compactor model # AP-lOO and serial #
`
`unknown,
`
`photo
`
`annexed
`
`forming part
`
`of
`
`this
`
`Summons
`
`and
`
`Complaint.
`
`4.
`
`That on or about September 17, 2012,
`
`the plaintiff was
`
`employed by PARKOF GROUP,
`
`located at 98 Cuttermell Street, Suite
`
`444, Great Neck, NY 11021.
`
`5.
`
`That on or about
`
`the 17th day of September 2012,
`
`the
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEE DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`INDEX NO. 704190/2013
`INDEX NO- 704190/2013
`
`
`
`
`
`RfiCfiIVfiD wYSCEF: 11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`
`
`plaintiff was working with the said machine,
`
`and was
`
`injured
`
`solely due to the negligence, carelessness and recklessness of
`
`the
`
`defendant herein,
`
`all
`
`to his
`
`damage
`
`in
`
`the
`
`sum TWO
`
`($2,000,000.00) DOLLARS.
`
`AS AND FOR A SECOND CAUSE OF ACTION
`
`6.
`
`The defendant herein each in connection with their
`
`business actiVities
`
`aforementioned warranted and
`
`represented
`
`expressly and implied that
`
`their product was fit,
`
`capable and
`
`suitable for the use and purposes intended and that
`
`same was of
`
`merchantable quality and the same was safe, not dangerous
`
`and
`
`improper.
`
`7.
`
`Plaintiff was entitled to rely upon the warranty of
`
`merchantability and fitness for use.
`
`8.
`
`9.
`
`Defendant was in breach of express warranty.
`
`By reason of the foregoing, plaintiff has been damaged
`
`in the sum of TWO ($2,000,000.00) MILLION DOLLARS.
`
`AS AND FOR A THIRD CAUSE OF ACTION
`
`10.
`
`By reason of the foregoing,
`
`the defendant was in breach
`
`of implied warranty.
`
`11.
`
`By
`
`reason of
`
`the foregoing,
`
`'the plaintiff has been
`
`damaged in the sum of TWO ($2,000,000.00) MILLION DOLLARS.
`
`AS AND FOR A FOURTH CAUSE OF ACTION
`
`12.
`
`Said product/machine was
`
`in a defective, unsafe and
`
`hazardous condition and was defectively designed in a manner
`
`which was unnecessarily unsafe and dangerous
`
`to users and/or
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK £111,2017 11:59 AM
`
`NYSCEE DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`
`IMEXNQ
`
`
`
`
`
`R« «IVaD NYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`consumers.
`
`l3.
`
`Said
`
`defects
`
`and
`
`dangerous
`
`conditions were
`
`of
`
`a
`
`substantial factor in bringing about the plaintiff's injuries and
`
`were known or in the exercise of reasonable care should have been
`
`known'to the defendants.
`
`14.
`
`The product/machine was defective
`
`at
`
`the
`
`time
`
`of
`
`manufacture and/or distributiOn.
`
`15.
`
`By
`
`reason of
`
`the
`
`foregoing,
`
`defendant
`
`has
`
`become
`
`strictly liable in tort to the plaintiff, and has been damaged in
`
`the amount of TWO ($2,000,000.00) MILLION DOLLARS.
`
`WHEREFORE,
`
`the plaintiff(s)
`
`demand
`
`judgment against
`
`the
`
`defendants as follows:
`
`I
`
`As and for all causes of Action ~
`
`TWO
`
`($2,000,000.00) MILLION
`
`DOLLARS;
`
`together with interests, costs and disbursements.
`
`Dated:
`
`New York, New York
`
`May 15, 2014
`
`Yours, etc.,
`
`
`
`3 West 35th Street
`
`New York, New York 10001
`(212) 947 — 9166
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`[1’2017 11:59 AM
`.UEENS COUNTY CLERK 11
`NYSC
`an DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`INDEX NO. 704190/2013
`INDEX NO. 704190/2013
`
`R«.C«.IV«.D \IYSCEF: 11/14/201—7
`
`
`
`
`
`RECEIVED NYSCEF: 11/14/2017
`
`_____*___,____________m_
`ATTORNEY'S VERIFICATION
`
`SS:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`GEORGE N.
`
`STATFELD,
`
`ESQ.,
`
`is the
`the penalty of perjury that your affirmant
`under
`attorney for the plaintiff herein;
`that affirmant has read the
`foregoing AMENDED SUMMONS AND COMPLAINT,
`and knows
`the contents
`thereof{ that
`same is true to affirmant's own knowledge, except
`as to the matters therein stated to be alleged upon information
`and belief, and that those matters affirmant believes to be true.
`
`Affirmant further says that the reason this affirmation is made
`
`by affirmant and not by plaintiff is because plaintiff does not
`
`reside in the County wherein your affirmant maintains an office.
`
`The grounds of affirmant‘s belief as
`
`to all. matters not
`
`stated upon affirmant's
`
`knowledge
`
`are
`
`as
`
`follows:
`
`books,
`
`and documents contained in the
`reports
`records,
`conversations had with plaintiff.
`
`file and/or
`
`Dated:
`
`New York, New York
`
`May 15, 2015
`
` merxswafl
`
`
`GE RGE N. STATFEL
`
`
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
`
`704190/2013
`INDEX NO. 704190/2013
`INDEX N0-
`
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
`
`
`
`— 'l'MM/ern
`
`SL'PRIZMI? COURT OI" 'fI-IE S'I‘A'I‘E OF NEW YORK
`
`COUNTY OI“ Q L7I-iliNS
`__________________________________________________________________ X
`
`RUBIN VARGAS,
`
`Plaintiff.
`
`—against—
`
`A.I.C., APPLE COMPACTOR CORP, BIG APPLE
`COR'II’ACTOR COMPANY, INC, BIG APPLE
`
`COR'IPAC'lIOR REPAIRER INC., "JOHN DOES,"
`persons intended to be manufacturers,
`distributors, repairers, assemblers
`of garbage compactor model number
`AID—100, and jUNIPER INDUSTRIES, INC,
`
`Defendants.
`__________________________________________________________________X
`
`VERIFIED ANSWER TO
`
`AMENDED VERIFIED
`COMPLAINT
`
`Index No. 704190/2013
`
`Defendant, JUNIPER IND USTRIES,
`
`INC, by its
`
`attorneys MARTYN, TOHER,
`
`MARTYN & ROSSI, ESQS., answering the Amended Verified Complaint of the plaintiff herein
`
`alleges:
`
`FIRST CAUSE OF ACTION
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`1.
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`Denies any knowledge or information sufficient to form a belief as to each and every
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`allegation contained in paragraphs designated “1” and “4” of the Amended Verified Complaint.
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`2.
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`Denies any knowledge or information sufficient to form a belief as to each and every
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`allegation contained in paragraphs designated “2” and “3” of the Amended Verified Complaint and
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`requests further particulars.
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`3.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “5” of the Amended Verified Complaint.
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`

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`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSCI
`EF DOC. NO. 25
`NYSCEF DOC. NO. 25
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`704190/2013
`INDEX NO. 704190/2013
`INDEX N0-
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`RnCfiIVfiD \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
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`AS AND FOR A SECOND CAUSE OF ACT] ON
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`4.
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`Denies. upon information and belief, each and every allegation contained in
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`paragraph designated “6”, “7” and “8” of the Amended Verified Complaint and refer all questions
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`of law to the Honorable Court.
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`:>.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “9” of the Amended Verified Complaint.
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`AS AND FOR A THIRD CAUSE OF ACTION
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`6.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “10” of the Amended Verified Complaint and refer all questions of law to the
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`Honorable Court.
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`7.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “11” of the Amended Verified Complaint.
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`AS AND FOR A FOURTH CAUSE OF ACTION
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`8.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “12”, “13” and “‘14” of the Amended Verified Complaint.
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`9.
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`Denies, upon information and belief, each and every allegation contained in
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`paragraph designated “15” of the Amended Verified Complaint and refer all questions of law to the
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`Honorable Court.
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`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSCI
`EF DOC. NO. 25
`NYSCEF DOC. NO. 25
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`704190/2013
`INDEX NO. 704190/2013
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`R*.C*.IV*.D \IYSCEF:
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`INDEX N0-
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`AS AND FOR A FIRST AFFIRh-IATIVE DEFENSE
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`10.
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`In the event that the plaintiff recovers any iudgment against the defendants herein,
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`this defendant demands that any such judgment be diminished in the proportion which the culpable
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`conduct attributable to the plaintiff bears to the total culpable conduct which caused the damages.
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`AS AND FOR A SECOND AFFIRAIATIVE DEFENSE
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`11.
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`The plaintiff recovery, if any, shall be reduced by all collateral sources pursuant to
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`C.P.I,.R. 4545.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`12.
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`Plaintiff fails to state a cause of action upon which relief can be based.
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`AS AND FOR A FOURTH AFFIRIVLA'I‘IVE DEFENSE
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`13.
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`That the plaintiff has not obtained jurisdiction over this defendant as this Defendant
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`was not properly served.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`THE DEFENDANT SETS FORTH TI—IE FOLLOW’ING
`AS AND FOR A SEPARATE AND COMPLETE DEFENSE TO
`PLAINTIFF’S AMENDED VERIFIED COATPLAINT AND IN MITIGATION
`OF DAMAGES UPON INFORIMATION AND BELIEF:
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`14.
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`That if the defendant is held liable in this case, its liability is limited pursuant to
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`Article 16 of the CPLR to its equitable share determined with the relative culpability of each person
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`or party causing or contributing the total liability of non-economic loss.
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`15.
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`That the defendant herein is not liable for more than its proportionate share of the
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`damages pursuant to Article 16 of the CPLR and that plaintiff has not ioined all potentially liable
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`parties.
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`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
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`704190/2013
`INDEX NO. 704190/2013
`INDEX N0-
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`RnCfiIVfiD \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
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`'I‘I IE DEFENDAN’i‘, JUNIPER INDUSTRIES, INC, SETS
`FORTH ’11 IE FOLLOWING UPON INFORh-‘L-XTION
`AND BELIEF AS AND FOR A CROSS—CLAIM
`
`AGAINST THE CO-Dl iFENDANTS,
`;\.I.C, APPLE COMPACTOR CORP, BIG APPLE
`COMPACTOR COMPANY, INC, BIG APPLE
`
`COMPACTOR REPAIRER INC, "IOHN DOES,"
`persons intended to be manufacturers,
`distributors, repairers, assemblers
`of garbage compactor model number AP-lOO
`
`16.
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`That if the damages and injuries alleged in the Amended Verified Complaint filed
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`herein by the plaintiff were the result of any negligence other than plaintiff’s own negligence, then
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`such injuries and damages were caused wholly or in part by the negligence of the co-defendants,
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`without any negligence or active participation on the part of_]UNIPER INDUSTRIES, INC.
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`contributing thereto and in that said co—defendants actually, caused, created, maintained and were
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`responsible for the conditions alleged in the plaintiff’s Amended Verified Complaint and at the situs
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`of the occurrence and in that the aforesaid cosdefendants were the primary wrongdoers of any and
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`all unusual or wrongful acts and were responsible for the conditions alleged in plaintiffs' Amended
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`Verified Complaint and that for these reasons the coidefendants are obligated to indemnify and hold
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`harmless jUNIPER INDUSTRIES, INC. from and against any and all liability and damages which
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`may be imposed upon it by reason of this lawsuit and that if any negligence or liability is found to
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`exist on the part oijNIPER INDUSTRIES, INC. such liability and negligence will be secondary
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`and/or passive or the result solely of operation of law as opposed to the liability of the co—
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`defendants whose liability will be primary and active as aforesaid and in such event JUNIPER
`
`INDUSTRIES, INC. demands iudgment over and against co—defendants for the amount of any
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
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`704190/2013
`INDEX NO. 704190/2013
`INDEX N0-
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`R*.C*.IV*.D \IYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
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`
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`verdict or judgment which shall or may be had against_]UNlPER INDUSTRIES, INC. in this action
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`together with all costs and expenses which may be incurred in the defense of this action.
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`SECOND CROSSiCLAIM
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`17.
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`That the defendant, _jUNIPER INDUSTRIES, INC. repeats and reiterates each and
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`every allegation set forth in the First Cross—claim with the same force and effect as if set forth at
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`length herein.
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`18.
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`That if_jUNIPER INDUSTRIES, INC. is held liable in this action, such liability and
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`damages will have arisen out of and have been contributed to in all or in part by the negligence of
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`the coidefendants and in such eventJUNIPER INDUSTRIES, INC. demands judgment over and
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`against the aforesaid co-defendants for all or part of any verdict or judgment which shall or may be.
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`had againstjUNIPER INDUSTRIES, INC. in this action and that such damages shall be
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`apportioned accordingly as the proportion of their respective liability shall be determined.
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`WHEREFORE, the defendant, _]UNIPER INDUSTRIES, INC. demands judgment
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`dismissing the Amended Verified Complaint of the plaintiff herein as to it together with the costs
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`and disbursements of this action and further demands that the ultimate rights ofJUNIPER
`
`INDUSTRIES, INC. and of the plaintiff, and of the coidefendants, be determined in this action and
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`that_jUNIPER INDUSTRIES, INC. have judgment over and against the aforesaid parties for all or
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`part of any verdict or judgment which shall or may be had againstjUNIPER INDUSTRIES, INC.
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`in this action, together with all reasonable costs and expenses which may have been incurred in the
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`defense of this action.
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`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED:
`OUEENS COUNTY CLERK 11m2017 11:59 AM
`NYSC 3F DOC. NO. 25
`NYSCEF DOC. NO. 25
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`704190/2013
`INDEX NO. 704190/2013
`INDEX N0-
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`RfiCfiIVfiD VYSCEF:
`11/14/2017
`RECEIVED NYSCEF: 11/14/2017
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`
`
`Yours etc,
`
`MAR’IYN, 'J'OHER‘ MARTYN and ROSS], ESQS.
`Attorneys for Defendant
`JUNIPER INDUSTRIES, INC.
`330 Old Country Road, Suite 211
`Mincola, New York 11501
`
`(516) 739—0000
`
`Dated: Mineola, New York
`
`July 8, 201-1
`
`TO:
`
`George N. Statfeld, Esq
`Attorneys for Plaintiff
`3 \V'est 35th Street
`
`New York, NY 10001
`
`(212) 947—9166
`
`Galvano (‘5: Xanthakis, PC.
`
`150 Broadway, Ste. 2100
`New York, NY 10038
`
`

`

`FILED: QUEENS COUNTY CLERK 11/14/2017 11:59 AM
`FILED: OUEENS COUNTY CLERK 11m2017 11:59 AM
`
`NYSCEF DOC. NO. 25
`NYSCEF DOC. NO. 25
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`INDEX NO. 704190/2013
`INDEX NO- 704190/2013
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`RsCsIVsD VYSCEF: 11/14/2017
`RECEIVED NYSCEF: 11/14/2017
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`
`
`S'I'XI‘E OF NEW YORK)
`
`ss:
`
`COUNTY OF NASSAU )
`
`Thomas M. Margrn, duly admitted to practice law before the Courts of the State of New
`
`York, affirms the following to be true under the penalties of perjury:
`
`That he is an attorney with the office of hLKR'I'YN, TOHER, MARTYN <3: ROSSI
`
`attorneys for the defendant, JUNIPER INDUSTRIES, INC, with offices at 330 Old Country Rd,
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`Suite 2U, Mineola, NY. 11501, County of Nassau, State of New York; that he has read the foregoing
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`ANSWER and knows the contents thereof and that the same is true to his own knowledge except as
`
`to matters therein stated to be alleged on information and belief and that as to those matters he
`
`believes it to be true.
`
`That the reason why this affirmation is made by affirmant and not by the defendant is that
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`the defendant does not hold offices in the County where BIARTYN, TOHER, MARTYN 6c ROSSI
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`have their aforesaid offices. That the sources of affirmant’s information and grounds of his belief as
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`to all matters in the foregoing Answer therein stated upon his knowledge are records, reports, and
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`correspondence in connection with this matter reviewed by your affirmant.
`
`Dated: Mineola, NY
`
`_]uly 8, 2014
`
`THOMAS M. MARTYN
`
`