Preview
FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018
File No.: 910-7188 BRD:tm
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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RICHARD T. GONPO,
Plaintiff, Index No.: 703673/2018
-against- VERIFIED ANSWER
SONIYA CHAITRAM and LOLITA CHAITRAM,
Defendants.
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The defendants, SONIYA CHAITRAM and LOLITA CHAITRAM, by their attorneys,
MULHOLLAND MINION DAVEY MCNIFF & BEYRER, answering the Complaint of the
plaintiff, herein allege upon information and belief as follows:
1. Deny any knowledge or information sufficient to form a belief as to the truth of
"1"
the allegations contained in the paragraphs of the Complaint designated and "7".
"8"
2. To the extent that plaintiff inadvertently omitted paragraphs "2", "3","5", and
9"
of the Complaint, the answering defendants deny each and every allegation contained in those
paragraphs.
3. Deny each and every allegation contained in the paragraphs of the Complaint
"11"
designated except admits that a vehicle operated by the defendant was in contact with
another vehicle.
4. Deny each and every allegation contained in the paragraphs of the Complaint
"15"
designated "12", "13", and "16".
5. Deny, as pleaded, each and every allegation contained in the paragraphs of the
"14"
Complaint designated and beg leave to refer allquestions of law to the Court.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018
AS AND FOR A FIRST COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
6. That the culpable conduct of the plaintiff brought about the alleged injuries and
that any award for damages for such injuries should be diminished in the proportion that the
plaintiff's culpable conduct bears to all culpable conduct which brought about the alleged
damages.
AS AND FOR A SECOND COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
7. That should plaintiff recover damages as a result of a finding of liability, in whole
or in part, against the answering defendant, then such recovery should be reduced and diminished
in mitigation thereof by reason of the failure of plaintiff to wear available seat belts or to utilize a
helmet and/or appropriate safety gear.
AS AND FOR A THIRD COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
8. The plaintiff has not sustained serious injuries as defined in §5102(d) of the
Insurance Law of the State of New York and is thereby not entitled pursuant to §5102(a) of the
Insurance Law of the State of New York to commence this action.
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FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018
AS AND FOR A FOURTH COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
9. That the answering defendant, SONIYA CHAITRAM, was faced with an
emergency and acted without the opportunity to consider alternative actions and thus, the
answering defendants, SONIYA CHAITRAM and LOLITA CHAITRAM, cannot be held
negligent under the circumstances then and there prevailing.
AS AND FOR A FIFTH COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
10. Recovery, if any, by the plaintiff herein shall be governed by the provisions of
CPLR §4545.
AS AND FOR A SIXTH COMPLETE AFFIRMATIVE
DEFENSE, THE ANSWERING DEFENDANTS,
SONIYA CHAITRAM and LOLITA CHAITRAM,
ALLEGE UPON INFORMATION AND BELIEF
AS FOLLOWS:
11. The answering defendant herein denies liability; however, if a measure of damage
of fifty percent or less is found against this answering defendant, then this answering defendant
is entitled to the limitations of liability in CPLR Article 16.
WHEREFORE, defendants, SONIYA CHAITRAM and LOLITA CHAITRAM,
demand judgment dismissing the plaintiff's Complaint, together with the costs and
disbursements of this action.
Dated: Williston Park, New York
April 23, 2018
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018
Yours, etc.,
MULHOLLAND MINION DAVEY
McNIFF & BEYRER
)
j
/'/"- /'/ ' '
l ~ C '(
By: BRIAN R. DAVEY
Attorneys for Defendants
SONIYA CHAITRAM
and LOLITA CHAITRAM
374 Hillside Avenue
Williston Park, New York 11596
(516) 248-1200
TO: LAW OFFICES OF MARIUS C. WESSER, P.C .
Attorney for Plaintiff
225 Broadway, Suite 1700
New
1V TT York,
J VILL)New
J IV VT York
L VJB L VVV
10007
(646) 736-1940
4
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FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018
VERIFICATION
STATE OF NEW YORK)
: ss.:
COUNTY OF NASSAU )
BRIAN R DAVEY, ESQ., an attorney admitted to practice in the courts ofNew York State,
states that I am an attorney in the law offices of MULHOLLAND MINION DAVEY McNIFF &
BEYRER, attorneys for defendant SONIYA CHAITRAM in the within action; I have read the
foregoing Answer and know the content thereof; the same is true to my own knowledge, except
as to matters therein alleged to be on information and belief, and as to those matters I believe itto
be true.
The reason why this verification is signed by the affiant and not SONIYA CHAITRAM
is that she resides outside of the county wherein affiant maintains his office.
The grounds of my belief as to all matters not stated upon my own knowledge are as
follows: investigation and documents contained in affiant's file.
Dated: Williston Park, New York
April 23, 2018
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Preview
FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018 File No.: 910-7188 BRD:tm SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X -------------------------------------------------------------------X RICHARD T. GONPO, Plaintiff, Index No.: 703673/2018 -against- VERIFIED ANSWER SONIYA CHAITRAM and LOLITA CHAITRAM, Defendants. X -------------------------------------------------------------------X The defendants, SONIYA CHAITRAM and LOLITA CHAITRAM, by their attorneys, MULHOLLAND MINION DAVEY MCNIFF & BEYRER, answering the Complaint of the plaintiff, herein allege upon information and belief as follows: 1. Deny any knowledge or information sufficient to form a belief as to the truth of "1" the allegations contained in the paragraphs of the Complaint designated and "7". "8" 2. To the extent that plaintiff inadvertently omitted paragraphs "2", "3","5", and 9" of the Complaint, the answering defendants deny each and every allegation contained in those paragraphs. 3. Deny each and every allegation contained in the paragraphs of the Complaint "11" designated except admits that a vehicle operated by the defendant was in contact with another vehicle. 4. Deny each and every allegation contained in the paragraphs of the Complaint "15" designated "12", "13", and "16". 5. Deny, as pleaded, each and every allegation contained in the paragraphs of the "14" Complaint designated and beg leave to refer allquestions of law to the Court. 1 of 5 FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018 AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 6. That the culpable conduct of the plaintiff brought about the alleged injuries and that any award for damages for such injuries should be diminished in the proportion that the plaintiff's culpable conduct bears to all culpable conduct which brought about the alleged damages. AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 7. That should plaintiff recover damages as a result of a finding of liability, in whole or in part, against the answering defendant, then such recovery should be reduced and diminished in mitigation thereof by reason of the failure of plaintiff to wear available seat belts or to utilize a helmet and/or appropriate safety gear. AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 8. The plaintiff has not sustained serious injuries as defined in §5102(d) of the Insurance Law of the State of New York and is thereby not entitled pursuant to §5102(a) of the Insurance Law of the State of New York to commence this action. 2 2 of 5 FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018 AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 9. That the answering defendant, SONIYA CHAITRAM, was faced with an emergency and acted without the opportunity to consider alternative actions and thus, the answering defendants, SONIYA CHAITRAM and LOLITA CHAITRAM, cannot be held negligent under the circumstances then and there prevailing. AS AND FOR A FIFTH COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 10. Recovery, if any, by the plaintiff herein shall be governed by the provisions of CPLR §4545. AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE, THE ANSWERING DEFENDANTS, SONIYA CHAITRAM and LOLITA CHAITRAM, ALLEGE UPON INFORMATION AND BELIEF AS FOLLOWS: 11. The answering defendant herein denies liability; however, if a measure of damage of fifty percent or less is found against this answering defendant, then this answering defendant is entitled to the limitations of liability in CPLR Article 16. WHEREFORE, defendants, SONIYA CHAITRAM and LOLITA CHAITRAM, demand judgment dismissing the plaintiff's Complaint, together with the costs and disbursements of this action. Dated: Williston Park, New York April 23, 2018 3 3 of 5 FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018 Yours, etc., MULHOLLAND MINION DAVEY McNIFF & BEYRER ) j /'/"- /'/ ' ' l ~ C '( By: BRIAN R. DAVEY Attorneys for Defendants SONIYA CHAITRAM and LOLITA CHAITRAM 374 Hillside Avenue Williston Park, New York 11596 (516) 248-1200 TO: LAW OFFICES OF MARIUS C. WESSER, P.C . Attorney for Plaintiff 225 Broadway, Suite 1700 New 1V TT York, J VILL)New J IV VT York L VJB L VVV 10007 (646) 736-1940 4 4 of 5 FILED: QUEENS COUNTY CLERK 04/23/2018 04:21 PM INDEX NO. 703673/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/23/2018 VERIFICATION STATE OF NEW YORK) : ss.: COUNTY OF NASSAU ) BRIAN R DAVEY, ESQ., an attorney admitted to practice in the courts ofNew York State, states that I am an attorney in the law offices of MULHOLLAND MINION DAVEY McNIFF & BEYRER, attorneys for defendant SONIYA CHAITRAM in the within action; I have read the foregoing Answer and know the content thereof; the same is true to my own knowledge, except as to matters therein alleged to be on information and belief, and as to those matters I believe itto be true. The reason why this verification is signed by the affiant and not SONIYA CHAITRAM is that she resides outside of the county wherein affiant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: investigation and documents contained in affiant's file. Dated: Williston Park, New York April 23, 2018 5 of 5