Preview
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021
EXHIBIT C
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
VICTOR CALDERON, . Index No. 152018/2020
Plaintiff, VERIFIED ANSWER
WITH CROSS CLAIM
-against-
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC. and CHRISTINA FALGIANO,
Defendant.
Defendant, CHRISTINA FALGIANO, by attorneys, NICOLINI, PARADISE,
FERRETTI & SABELLA, answering the Verified Complaint of the plaintiff
herein, alleges upon information and belief:
FIRST: Defendant denies having any knowledge or information
sufficient to form a belief as to the allegations therein contained in
paragraphs "1", "2", "3", "5", "6", "7", "8", "9", "10", "12", "13",
"20" "21"
"14", "15", "16", "17", "18", "19", and and each and every part
thereof.
SECOND: Defendant denies all the allegations therein contained in
"27" "28"
paragraphs "11", "22", and and each and every part thereof.
THIRD: Defendant denies all of the allegations therein contained in
"25" "26"
paragraphs "23", "24", and as it pertains to defendant
CHRISTINA FALGIANO only.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE.
FOURTH: The plaintiff was guilty of culpable conduct, including
contributory negligence and should an award be made to plaintiff, same
should be diminished in the proportion which the culpable conduct and/or
contributory negligence and/or assumption of risk attributable to the
plaintiff bears to the culpable conduct and/or negligence which caused
the damages.
AS AND FOR A_SECOND AFFIRMATIVE DEFENSE
FIFTH: If this answering defendant is found liable as alleged in the
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
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Complaint, then, upon information and belief, the liability of this
answering defendant is less than 51% of the total liability assigned to
all persons liable.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
SIXTH: In the event that plaintiff recovers judgment against this
answering defendant and it is determined that plaintiff's damages were
caused in whole or in part by two or more joint tortfeasors, then
defendant's liability herein for non-economic loss may not exceed its
equitable share of said damages in accordance with its relative
culpability, as provided by Section 1601 of the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
SEVENTH: Plaintiff's recovery, if any, shall be reduced by the
amount of any collateral payments received, in accordance with CPLR 4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
EIGHTH: Plaintiff failed to take all reasonable measures to reduce,
mitigate and/or minimize the damages alleged.
AS AND FOR A SIXTH AFFIRMATIVE DE FENSE
NINTH: To the extent plaintiff has recovered, or will recover, a
settlement, verdict or judgment against another tort-feasor, or one
claimed to be a tort-feasor, for damages claimed as a result of the
events complained of herein, and/or in the event that any person or
entity liable or claimed to be liable for the injuries or damages alleged
in this action has been given or may hereafter be given a release or
covenant not to sue, this answering defendant will be entitled to
protection under New York General Obligations Law 15-108 and the
corresponding reduction/set-off of any damages that may be determined to
be due against this answering defendant.
AS AND FOR A CROSS-COMPLAINT AGAINST CO-DE FENDANT
HOLTDAY VILLAS AT OAKWOOD HONEOWNERS INC
ASSOCIATIONo
Defendant, CHRISTINA FALGIANO, as and for a Cross Complaint against
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021
NySCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021
co-defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., for
which an answer is demanded pursuant to CPLR 3011, defendant, CHRISTINA
FALGIANO, respectfully shows to this Court and alleges:
FIRST: That if plaintiff was caused damages, as alleged in the
Complaint through negligence other than plaintiff's own negligence,
carelessness and recklessness, said damages were sustained due to the
primary and active, negligent, careless and reckless acts of omission or
commission of co-defendant with the negligence, if any, of this answering
defendant being secondary and/or derivative only.
SECOND: Further, if plaintiff should recover judgment against this
defendant, then co-defendant shall be liable to this answering defendant
for the full amount of said judgment or on the basis of any apportionment
of responsibility for the alleged occurrence and answering defendant is
entitled to indemnification from and over and against the co-defendant
for all or part of any verdict or judgment which plaintiff may recover
in such amounts as a jury or Court may direct.
THIRD: That by reason of this action, said answering defendant has
been and will be put to costs and expenses, including attorneys fees.
WHEREFORE, defendant, CHRISTINA FALGIANO, demands judgment
dismissing the Complaint and further demands judgment over and against
the co-defendant for the amount of any judgment obtained against this
defendant by plaintiff, or on the basis of the apportionment of
responsibility in such amounts as a jury or Court may direct, together
with the costs, disbursements and expenses of this action, including
attorneys' fees.
Dated: Mineola, New York
January 5, 2021
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020
NYSCEF
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021
Yours, etc.,
NICOLINI, PARADISE, FERRETTI & SABELLA
Attorne s for Defendant, CHRISTINA
FALGIAN
.
JOHN NICOLINI
114 Old Country Road, Suite 500
Mineola, New York 11501
(516) 741-6355
Our File: 20-217 JN
TO: CHELLI & BUSH
Attorneys for Plaintiff
149 New Dorp Lane
Staten Island, New York 10306
(718) 987-8444
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC.
1610 Richmond Road
Staten Island, New York 10304
HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS
ASSOCIATION, INC.
42 Vedder Avenue
Staten Island, New York 10314
Preview
FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021 EXHIBIT C FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND VICTOR CALDERON, . Index No. 152018/2020 Plaintiff, VERIFIED ANSWER WITH CROSS CLAIM -against- HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. and CHRISTINA FALGIANO, Defendant. Defendant, CHRISTINA FALGIANO, by attorneys, NICOLINI, PARADISE, FERRETTI & SABELLA, answering the Verified Complaint of the plaintiff herein, alleges upon information and belief: FIRST: Defendant denies having any knowledge or information sufficient to form a belief as to the allegations therein contained in paragraphs "1", "2", "3", "5", "6", "7", "8", "9", "10", "12", "13", "20" "21" "14", "15", "16", "17", "18", "19", and and each and every part thereof. SECOND: Defendant denies all the allegations therein contained in "27" "28" paragraphs "11", "22", and and each and every part thereof. THIRD: Defendant denies all of the allegations therein contained in "25" "26" paragraphs "23", "24", and as it pertains to defendant CHRISTINA FALGIANO only. AS AND FOR A FIRST AFFIRMATIVE DEFENSE. FOURTH: The plaintiff was guilty of culpable conduct, including contributory negligence and should an award be made to plaintiff, same should be diminished in the proportion which the culpable conduct and/or contributory negligence and/or assumption of risk attributable to the plaintiff bears to the culpable conduct and/or negligence which caused the damages. AS AND FOR A_SECOND AFFIRMATIVE DEFENSE FIFTH: If this answering defendant is found liable as alleged in the FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF .....-- DOC. . NO. 46 .....-----.,- ..- ...., - -, .--..... ...... .- , ---.. RECEIVED NYSCEF: 06/22/2021 N SCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021 Complaint, then, upon information and belief, the liability of this answering defendant is less than 51% of the total liability assigned to all persons liable. AS AND FOR A THIRD AFFIRMATIVE DEFENSE SIXTH: In the event that plaintiff recovers judgment against this answering defendant and it is determined that plaintiff's damages were caused in whole or in part by two or more joint tortfeasors, then defendant's liability herein for non-economic loss may not exceed its equitable share of said damages in accordance with its relative culpability, as provided by Section 1601 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE SEVENTH: Plaintiff's recovery, if any, shall be reduced by the amount of any collateral payments received, in accordance with CPLR 4545. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE EIGHTH: Plaintiff failed to take all reasonable measures to reduce, mitigate and/or minimize the damages alleged. AS AND FOR A SIXTH AFFIRMATIVE DE FENSE NINTH: To the extent plaintiff has recovered, or will recover, a settlement, verdict or judgment against another tort-feasor, or one claimed to be a tort-feasor, for damages claimed as a result of the events complained of herein, and/or in the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given or may hereafter be given a release or covenant not to sue, this answering defendant will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction/set-off of any damages that may be determined to be due against this answering defendant. AS AND FOR A CROSS-COMPLAINT AGAINST CO-DE FENDANT HOLTDAY VILLAS AT OAKWOOD HONEOWNERS INC ASSOCIATIONo Defendant, CHRISTINA FALGIANO, as and for a Cross Complaint against FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/22/2021 NySCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021 co-defendant, HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC., for which an answer is demanded pursuant to CPLR 3011, defendant, CHRISTINA FALGIANO, respectfully shows to this Court and alleges: FIRST: That if plaintiff was caused damages, as alleged in the Complaint through negligence other than plaintiff's own negligence, carelessness and recklessness, said damages were sustained due to the primary and active, negligent, careless and reckless acts of omission or commission of co-defendant with the negligence, if any, of this answering defendant being secondary and/or derivative only. SECOND: Further, if plaintiff should recover judgment against this defendant, then co-defendant shall be liable to this answering defendant for the full amount of said judgment or on the basis of any apportionment of responsibility for the alleged occurrence and answering defendant is entitled to indemnification from and over and against the co-defendant for all or part of any verdict or judgment which plaintiff may recover in such amounts as a jury or Court may direct. THIRD: That by reason of this action, said answering defendant has been and will be put to costs and expenses, including attorneys fees. WHEREFORE, defendant, CHRISTINA FALGIANO, demands judgment dismissing the Complaint and further demands judgment over and against the co-defendant for the amount of any judgment obtained against this defendant by plaintiff, or on the basis of the apportionment of responsibility in such amounts as a jury or Court may direct, together with the costs, disbursements and expenses of this action, including attorneys' fees. Dated: Mineola, New York January 5, 2021 FILED: RICHMOND COUNTY CLERK 06/22/2021 12:20 PM INDEX NO. 152018/2020 NYSCEF . ,,.--- DOC. . .....NO.46 -.... ..- -- -... . ---. , ..- ... .......-, ...-... RECEIVED NYSCEF: 06/22/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/06/2021 Yours, etc., NICOLINI, PARADISE, FERRETTI & SABELLA Attorne s for Defendant, CHRISTINA FALGIAN . JOHN NICOLINI 114 Old Country Road, Suite 500 Mineola, New York 11501 (516) 741-6355 Our File: 20-217 JN TO: CHELLI & BUSH Attorneys for Plaintiff 149 New Dorp Lane Staten Island, New York 10306 (718) 987-8444 HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. 1610 Richmond Road Staten Island, New York 10304 HOLIDAY VILLAS AT OAKWOOD HOMEOWNERS ASSOCIATION, INC. 42 Vedder Avenue Staten Island, New York 10314