On December 29, 2017 a
Answer
was filed
involving a dispute between
Terry R. Lindsey,
and
Jared David Rogers,
Turf Tamerz, Inc.,
for Torts - Motor Vehicle
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONONDAGA
TERRY R. LINDSEY,
Plaintiff,
v.
ANSWER
Index No.: 000018/2018
JARED DAVID ROGERS and
TURF TAMERZ, INC.,
Defendants.
Defendants by their attorneys, Goldberg Segalla LLP, as and for their Answer to the
Complaint state as follows:
"2" "3"
1. Admit the allegations contained in paragraphs and of the Complaint.
"10" "14"
2. Deny the allegations contained in paragraphs "8", "9", and of the
Complaint.
3. Deny having knowledge or information sufficient to form a belief regarding the
"15" "16"
allegations of paragraphs "1", "4", "S", "6", "7", "12", "13", and of the Complaint.
"11"
4. The allegations of paragraph of the Complaint, contain legal statements or
conclusions to which no response is required. To the extent a response is required, defendants
deny those allegations.
5 Deny each and every allegation of the Complaint not heretofore specifically
admitted or denied.
GOLDBERG SEGALLA
LLP
5786Widewaters
Parkway
NewYork13214
Syracuse,
1 of 4
FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
6 Upon information and belief, the incident complained of in the Complaint and the
alleged damages were caused by the plaintiff's culpable conduct.
7 The damages otherwise recoverable in this action, if any, should be diminished
pursuant to Article 14-A of the CPLR.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8 Upon information and belief, the plaintiff did not use an available seat belt and
shoulder harness and thereby caused or contributed to the injuries and damages complained of in
the complaint.
9. The damages otherwise recoverable in this action, if any should be mitigated by
reason of the foregoing.
AS AND FOR A THIRD AFFI1UVIATIVE DEFENSE
10. The causes of action alleged in the Complaint are barred by the applicable statute
of limitations.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. Limitation for non-economic loss is limited by the applicable provisions of
Article 16 of the CPLR.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. Plaintiff's damages should be reduced to the extent that plaintiff failed to mitigate
those damages alleged in the Complaint.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. Plaintiff's damages should be reduced pursuant to the provisions of CPLR 4545.
GOLDBERG SEGALLA
LLP
2
5786Widewaters
Parkway
NewYerkt32t4
Syracuse,
2 of 4
FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. The incident and damages alleged in the Complaint were caused or brought about
by the negligence of a third person or third persons over whom these defendants had no control
and for whose acts these defendants are not responsible.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
15. The plaintiff's Complaint failsto state a cause of action upon which relief can be
granted and should therefore be dismissed.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
16. The plaintiff did not suffer a serious injury as defined if Article 51 of the
Insurance Law of the State of New York.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
17. Any and allmedical expenses and alleged loss of wages have been reimbursed to
the plaintiff by an automobile liability insurer pursuant to Section 5102 et seq. of the Insurance
Law of the State of New York and are not recoverable by plaintiff.
WHEREFORE, judgment is demanded as follows:
1. Dismissing the Complaint;
2. Diminishing the damages otherwise recoverable pursuant to Article 14-A of the
CPLR;
3. For the costs and disbursements of this action;
4. For such other, further and different relief which may seem just, proper and
equitable.
GOLDBERG SEGALLA
LLP
3
5786Widewaters
Parkway
NewYo(k1321<
Syracuse,
3 of 4
FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018
DATED: January 26, 2018
Syracuse, New York GOLDBERG SEGALLA LLP
Attorneys for Defendants
t
By:
O'
Shannon T. O'Connor, Esq.
Sarah K. Spencer, Esq.
5786 Widewaters Parkway
Syracuse, New York 13214
(315) 413-5400
TO: Jeffrey G . Pomeroy, Esq.
Attorney for Plaintiff
Green & Reid, PLLC
173 Intrepid Lane
Syracuse, New York 13205
(315) 492-9665
jpomeroy@greenereid.com
GOLDBERGSEGALLALLP
4
5786Widewaters
Parkway
NewYork13214
Syracuse,
8283841.1
4 of 4
Document Filed Date
January 26, 2018
Case Filing Date
December 29, 2017
Category
Torts - Motor Vehicle
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FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA TERRY R. LINDSEY, Plaintiff, v. ANSWER Index No.: 000018/2018 JARED DAVID ROGERS and TURF TAMERZ, INC., Defendants. Defendants by their attorneys, Goldberg Segalla LLP, as and for their Answer to the Complaint state as follows: "2" "3" 1. Admit the allegations contained in paragraphs and of the Complaint. "10" "14" 2. Deny the allegations contained in paragraphs "8", "9", and of the Complaint. 3. Deny having knowledge or information sufficient to form a belief regarding the "15" "16" allegations of paragraphs "1", "4", "S", "6", "7", "12", "13", and of the Complaint. "11" 4. The allegations of paragraph of the Complaint, contain legal statements or conclusions to which no response is required. To the extent a response is required, defendants deny those allegations. 5 Deny each and every allegation of the Complaint not heretofore specifically admitted or denied. GOLDBERG SEGALLA LLP 5786Widewaters Parkway NewYork13214 Syracuse, 1 of 4 FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6 Upon information and belief, the incident complained of in the Complaint and the alleged damages were caused by the plaintiff's culpable conduct. 7 The damages otherwise recoverable in this action, if any, should be diminished pursuant to Article 14-A of the CPLR. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8 Upon information and belief, the plaintiff did not use an available seat belt and shoulder harness and thereby caused or contributed to the injuries and damages complained of in the complaint. 9. The damages otherwise recoverable in this action, if any should be mitigated by reason of the foregoing. AS AND FOR A THIRD AFFI1UVIATIVE DEFENSE 10. The causes of action alleged in the Complaint are barred by the applicable statute of limitations. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. Limitation for non-economic loss is limited by the applicable provisions of Article 16 of the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. Plaintiff's damages should be reduced to the extent that plaintiff failed to mitigate those damages alleged in the Complaint. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. Plaintiff's damages should be reduced pursuant to the provisions of CPLR 4545. GOLDBERG SEGALLA LLP 2 5786Widewaters Parkway NewYerkt32t4 Syracuse, 2 of 4 FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. The incident and damages alleged in the Complaint were caused or brought about by the negligence of a third person or third persons over whom these defendants had no control and for whose acts these defendants are not responsible. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 15. The plaintiff's Complaint failsto state a cause of action upon which relief can be granted and should therefore be dismissed. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 16. The plaintiff did not suffer a serious injury as defined if Article 51 of the Insurance Law of the State of New York. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 17. Any and allmedical expenses and alleged loss of wages have been reimbursed to the plaintiff by an automobile liability insurer pursuant to Section 5102 et seq. of the Insurance Law of the State of New York and are not recoverable by plaintiff. WHEREFORE, judgment is demanded as follows: 1. Dismissing the Complaint; 2. Diminishing the damages otherwise recoverable pursuant to Article 14-A of the CPLR; 3. For the costs and disbursements of this action; 4. For such other, further and different relief which may seem just, proper and equitable. GOLDBERG SEGALLA LLP 3 5786Widewaters Parkway NewYo(k1321< Syracuse, 3 of 4 FILED: ONONDAGA COUNTY CLERK 01/26/2018 05:04 PM INDEX NO. 000018/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/26/2018 DATED: January 26, 2018 Syracuse, New York GOLDBERG SEGALLA LLP Attorneys for Defendants t By: O' Shannon T. O'Connor, Esq. Sarah K. Spencer, Esq. 5786 Widewaters Parkway Syracuse, New York 13214 (315) 413-5400 TO: Jeffrey G . Pomeroy, Esq. Attorney for Plaintiff Green & Reid, PLLC 173 Intrepid Lane Syracuse, New York 13205 (315) 492-9665 jpomeroy@greenereid.com GOLDBERGSEGALLALLP 4 5786Widewaters Parkway NewYork13214 Syracuse, 8283841.1 4 of 4