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FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ARIADNI CORDERO, Index No.: 514351/2019
Plaintiff, VERIFIED ANSWER
-against-
HP MARCUS GARVEY PRESERVATION
HOUSING COMPANY, INC., and
C&C APARTMENT MANAGEMENT, LLC,
Defendants.
Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C
Apartment Management, LLC ("Defendants"), by and through the undersigned attorneys,
HICKEY SMITH LLP, hereby answer, aver, and assert affirmative defenses to the Verified
Complaint of Plaintiff Ariadni Cordero, upon information and belief, as follows:
1. Defendants deny knowledge and information sufficient to form a belief as to the
truth of the allegations of the Verified Complaint as contained in paragraph number "1".
2. Defendants deny each and every allegation of the Verified Complaint as
contained in paragraph number "23".
3. Defendants deny knowledge and information sufficient to form a belief as tothe
truth of the allegations of the Verified Complaint as contained in paragraphs numbered "4", "5",
"30" "37"
"6", "7", "8", "14", "15", "17", "18", "19", "24", "26", and and refer allquestions of
law to the Court.
4. Defendants deny each and every allegation of the Verified Complaint as
contained in paragraphs numbered "20", "21", "22", "27", "28", "29", "31", "32", "33", "34",
"36" "38"
"35", and and refer all questions of law to the Court.
5. Defendants deny knowledge and information sufficient to form a belief as tothe
"2"
truth of the allegations of the Verified Complaint as contained in paragraphs numbered and
"3"
except defendants admit that defendant HP Marcus Garvey Preservation Housing Company,
1 O
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Inc. is a domestic not-for-profit-corporation in the State of New York.
6. Defendants deny knowledge and information sufficient to form a belief as to the
"9"
truth of the allegations of the Verified Complaint as contained in paragraphs numbered and
"10"
except defendants admit that defendant C&C Apartment Management, LLC is a domestic
limited liability company in the State of New York.
7. Defendants deny knowledge and information sufficient to form a belief as to the
"16"
truth of the allegations of the Verified Complaint as contained in paragraph number except
defendants admit that defendant HP Marcus Garvey Preservation Housing Company, Inc. is an
owner of the premises located at 395 Bristol Street in the County of Kings, State of New York.
8. Defendants deny knowledge and information sufficient to form a belief as to the
"25"
truth of the allegations of the Verified Complaint as contained in paragraph number except
defendants admit that defendant C&C Apartment Management, LLC was the Managing Agent of
the premises located at 395 Bristol Street in the County of Kings, State of New York.
AFFIRMATIVE DEFENSES
9. Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C
Apartment Management, LLC ("Defendants"), without any prejudice to any prior answer filed
hereto, and without assuming any burden of proof otherwise borne by Plaintiff Ariadni Cordero,
set forth and assert the following affirmative defenses.
AS AND FOR A
FIRST AFFIRMATIVE DEFENSE
10. Upon information and belief, the injuries, loss and/or damages, if any, alleged to
have been sustained by Plaintiff Ariadni Cordero at the time and place alleged in the Verified
Complaint, were caused in whole or part by the culpable, negligent conduct of Plaintiff Ariadni
Cordero and, as such, any amount of damages recoverable by Plaintiff Ariadni Cordero must be
diminished and apportioned in accordance with the provisions set forth in Article 14 of the
CPLR.
4 O
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AS AND FOR A
SECOND AFFIRMATIVE DEFENSE
11. If Plaintiff Ariadni Cordero sustained any injuries and/or damages at the time and
place and in the manner set forth in the Verified Complaint due to the facts, circumstances,
conditions, negligence and/or culpable conduct alleged therein, then Defendants HP Marcus
Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC's liability,
ifany, will be limited in accordance with the provisions set forth in of Article 16 of the CPLR.
AS AND FOR A
THIRD AFFIRMATIVE DEFENSE
12. In the event the Plaintiff Ariadni Cordero recovers a verdict or judgment against
Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment
Management, LLC, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by
those amounts which have been, or will, with reasonable certainty, be paid on behalf of or
indemnify Plaintiff Ariadni Cordero in whole or in part, for any past or future claimed economic
loss, from any and all collateral source(s) including but not limited to no-fault insurance,
insurance coverage, social security, worker's compensation or any other employee benefit
program.
AS AND FOR A
FOURTH AFFIRMATIVE DEFENSE
13. The Verified Complaint fails to state a cause of action, cognizable in equity or
law, upon which relief can be granted against Defendants HP Marcus Garvey Preservation
Housing Company, Inc. and C&C Apartment Management, LLC and must therefore be
dismissed.
AS AND FOR A
FIFTH AFFIRMATIVE DEFENSE
14. If Plaintiff Ariadni Cordero sustained any injuries, loss and/or damages as alleged
in the Verified Complaint, which is denied, there was an intervening cause or causes to
leading
these alleged injuries, loss and/or damages and, therefore, any action on the part of Defendants
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HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management,
LLC was not the proximate and/or competent producing cause of the alleged injuries.
AS AND FOR A
SIXTH AFFIRMATIVE DEFENSE
15. IfPlaintiff Ariadni Cordero sustained any of the injuries, loss and/or damages as
alleged in the Verified Complaint, which is denied, these alleged injuries were caused solely by
the conduct of one or more third persons for whose conduct Defendants HP Marcus Garvey
Preservation Housing Company, Inc. and C&C Apartment Management, LLC are not
responsible, or with whom Defendants HP Marcus Garvey Preservation Housing Company, Inc.
and C&C Apartment Management, LLC have no legal relationship.
AS AND FOR A
SEVENTH AFFIRMATIVE DEFENSE
16. Plaintiff Ariadni Cordero's alleged causes of action are barred by the applicable
Statute(s) of Limitations.
AS AND FOR A
EIGHTH AFFIRMATIVE DEFENSE
17. The Verified Complaint is barred by the New York Statute of Frauds and/or the
General Obligations Law.
AS AND FOR A
NINTH AFFIRMATIVE DEFENSE
18. The Verified Complaint is barred by the doctrine of unclean hands.
AS AND FOR A
TENTH AFFIRMATIVE DEFENSE
19. In the event any party or non-party to the above captioned action settles with
Plaintiff Ariadni Cordero, Defendants HP Marcus Garvey Preservation Housing Company, Inc.
and C&C Apartment Management, LLC plead, and are entitled to, all rights as are afforded
under the General Obligations Law Section 15-108, as well as any other applicable statute(s)
governing settlements, as to all settling and/or non-settling parties.
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AS AND FOR A
ELEVENTH AFFIRMATIVE DEFENSE
20. This matter should not proceed due to Plaintiff Ariadni Cordero's failure to join
all necessary parties.
AS AND FOR A
TWELFTH AFFIRMATIVE DEFENSE
21. Any recovery or verdict against Defendants HP Marcus Garvey Preservation
Housing Company, Inc. and C&C Apartment Management, LLC is to be reduced by virtue of the
failure of Plaintiff Ariadni Cordero to have exercised due care to avoid, eliminate and/or mitigate
the injury, loss and/or damages allegedly sustained.
AS AND FOR A
THIRTEENTH AFFIRMATIVE DEFENSE
22. That by entering into the activity in which Plaintiff Ariadni Cordero was engaged
at the time of the occurrence set forth in the Verified Complaint, Plaintiff knew the hazards
thereof an the inherent risks incident thereto and had full knowledge of the dangers thereof; that
whatever injuries and damages were sustained by Plaintiff as alleged in the Verified Complaint
arose from and were caused by reasons of such risks voluntarily undertaken by the Plaintiff in
the activities and such risk were assumed and accepted by Plaintiff in engaging in said activities.
AS AND FOR A
FOURTEENTH AFFIRMATIVE DEFENSE
23. Upon information and belief, Defendants never received actual or constructive
notice of any defective or dangerous condition and therefore, it cannot be liable for any alleged
injuries suffered by Plaintiff.
AS AND FOR A
FIFTEENTH AFFIRMATIVE DEFENSE
24. That the injuries and damages mentioned and described in the complaint were
caused in whole or in part by the contributory negligence, lack of ordinary care, assumption of
risk and/or culpable conduct of Plaintiff and without any negligence or carelessness on the part
of the Defendants contributing thereto, and that the dangers and risks incident to the situation
were open, obvious and apparent and were known and assumed by Plaintiff.
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AS AND FOR A
SIXTEENTH AFFIRMATIVE DEFENSE
25. That at all times, Defendants did not cause or create said condition, and therefore,
itcannot be liable for any alleged injuries suffered by Plaintiff.
WHEREFORE, Defendants HP Marcus Garvey Preservation Housing Company, Inc. and
C&C Apartment Management, LLC demand judgment in favor of Defendants: (1) dismissing the
Verified Complaint and each and every count and claim for relief contained therein; (2) awarding
Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment
attorneys'
Management, LLC costs and expenses, including fees, for the defense of this action;
and (3) awarding Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C
Apartment Management, LLC such other, further and different relief as this Court deems just,
proper and equitable.
Dated: New York, NY
September 12, 2019 ,
Jare eni!
hickeysmith.com
SMITH LLP
Attorneys for Defendants
1040 Avenue of the Americas, Suite 9C
New York, NY 10018
Telephone: (212) 729-3565
Direct Dial: (646) 912-6611
Facsimile: (646) 912-6611
Hickey Smith Matter Number: 4304
C O
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VERIFICATION
I, Jared S. Henig, an attorney duly admitted to praetice law in the State of New York,
hereby state, under the penalties of perjury, that I have read the foregoing Verified Answer, I
know the contents thereof and, to the best of my knowledge and belief, the Verified Answer is
true and correct, except as to matters stated therein to be averred or alleged on information and
belief, and, as to those matters, I believe them to be tme. The reason this verification is made by
Jared S. Henig and not by the defendants is that said defendants do not reside within the County
of New York where HICKEY SMITH LLP's office is located.
Dated: New York, NY
September 12, 2019
FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 514351/2019
ARIADNI CORDERO,
Plaintiff,
-against-
HP MARCUS GARVEY PRESERVATION
HOUSING COMPANY, INC., and
C&C APARTMENT MANAGEMENT, LLC,
Defendants.
VERIFIED ANSWER
CERTIFICATION: I hereby certify that, to the best of my knowledge, information and
belief, after an inquiry reasonable under the circumstances, the foregoing papers that I have
served, filed or submitted to the court in this action are not frivolous as defined in subsection (c)
of Section 130-1.1 of the Rules of the Chief Administrator of the Courts.
Dated: New York, NY
September 12, 2019
Ja . Henig
j e ig@hickeysmith.com
HICKEY SMITH LLP
Attorneys for Defendants
1040 Avenue of the Americas, Suite 9C
New York, NY 10018
Telephone: (212) 729-3565
Direct Dial: (646) 912-6611
Facsimile: (646) 912-6611
Hickey Smith Matter Number: 4304
O O
Preview
FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 NYSCEF DOC. NO. 111 RECEIVED NYSCEF: 08/10/2022 "C" EXHIBIT FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 .......... .......-- ---.--- ---.- .-,...-,-....- ......... ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ARIADNI CORDERO, Index No.: 514351/2019 Plaintiff, VERIFIED ANSWER -against- HP MARCUS GARVEY PRESERVATION HOUSING COMPANY, INC., and C&C APARTMENT MANAGEMENT, LLC, Defendants. Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC ("Defendants"), by and through the undersigned attorneys, HICKEY SMITH LLP, hereby answer, aver, and assert affirmative defenses to the Verified Complaint of Plaintiff Ariadni Cordero, upon information and belief, as follows: 1. Defendants deny knowledge and information sufficient to form a belief as to the truth of the allegations of the Verified Complaint as contained in paragraph number "1". 2. Defendants deny each and every allegation of the Verified Complaint as contained in paragraph number "23". 3. Defendants deny knowledge and information sufficient to form a belief as tothe truth of the allegations of the Verified Complaint as contained in paragraphs numbered "4", "5", "30" "37" "6", "7", "8", "14", "15", "17", "18", "19", "24", "26", and and refer allquestions of law to the Court. 4. Defendants deny each and every allegation of the Verified Complaint as contained in paragraphs numbered "20", "21", "22", "27", "28", "29", "31", "32", "33", "34", "36" "38" "35", and and refer all questions of law to the Court. 5. Defendants deny knowledge and information sufficient to form a belief as tothe "2" truth of the allegations of the Verified Complaint as contained in paragraphs numbered and "3" except defendants admit that defendant HP Marcus Garvey Preservation Housing Company, 1 O FILED: .. ...- . KINGS .......- - COUNTY -... - CLERK ---.... 08/10/2022 . - , ...-, - - .... 11:51 . ... . . - AM ..., INDEX NO. 514351/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 Inc. is a domestic not-for-profit-corporation in the State of New York. 6. Defendants deny knowledge and information sufficient to form a belief as to the "9" truth of the allegations of the Verified Complaint as contained in paragraphs numbered and "10" except defendants admit that defendant C&C Apartment Management, LLC is a domestic limited liability company in the State of New York. 7. Defendants deny knowledge and information sufficient to form a belief as to the "16" truth of the allegations of the Verified Complaint as contained in paragraph number except defendants admit that defendant HP Marcus Garvey Preservation Housing Company, Inc. is an owner of the premises located at 395 Bristol Street in the County of Kings, State of New York. 8. Defendants deny knowledge and information sufficient to form a belief as to the "25" truth of the allegations of the Verified Complaint as contained in paragraph number except defendants admit that defendant C&C Apartment Management, LLC was the Managing Agent of the premises located at 395 Bristol Street in the County of Kings, State of New York. AFFIRMATIVE DEFENSES 9. Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC ("Defendants"), without any prejudice to any prior answer filed hereto, and without assuming any burden of proof otherwise borne by Plaintiff Ariadni Cordero, set forth and assert the following affirmative defenses. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 10. Upon information and belief, the injuries, loss and/or damages, if any, alleged to have been sustained by Plaintiff Ariadni Cordero at the time and place alleged in the Verified Complaint, were caused in whole or part by the culpable, negligent conduct of Plaintiff Ariadni Cordero and, as such, any amount of damages recoverable by Plaintiff Ariadni Cordero must be diminished and apportioned in accordance with the provisions set forth in Article 14 of the CPLR. 4 O FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 .......-. .......- -..-- ,..--.... --,....,........ .... . - - .., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 11. If Plaintiff Ariadni Cordero sustained any injuries and/or damages at the time and place and in the manner set forth in the Verified Complaint due to the facts, circumstances, conditions, negligence and/or culpable conduct alleged therein, then Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC's liability, ifany, will be limited in accordance with the provisions set forth in of Article 16 of the CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 12. In the event the Plaintiff Ariadni Cordero recovers a verdict or judgment against Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, be paid on behalf of or indemnify Plaintiff Ariadni Cordero in whole or in part, for any past or future claimed economic loss, from any and all collateral source(s) including but not limited to no-fault insurance, insurance coverage, social security, worker's compensation or any other employee benefit program. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 13. The Verified Complaint fails to state a cause of action, cognizable in equity or law, upon which relief can be granted against Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC and must therefore be dismissed. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 14. If Plaintiff Ariadni Cordero sustained any injuries, loss and/or damages as alleged in the Verified Complaint, which is denied, there was an intervening cause or causes to leading these alleged injuries, loss and/or damages and, therefore, any action on the part of Defendants FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 ....--. .......-... ---..-- --..... --, ...-, -..... .... .- - ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC was not the proximate and/or competent producing cause of the alleged injuries. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 15. IfPlaintiff Ariadni Cordero sustained any of the injuries, loss and/or damages as alleged in the Verified Complaint, which is denied, these alleged injuries were caused solely by the conduct of one or more third persons for whose conduct Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC are not responsible, or with whom Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC have no legal relationship. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 16. Plaintiff Ariadni Cordero's alleged causes of action are barred by the applicable Statute(s) of Limitations. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 17. The Verified Complaint is barred by the New York Statute of Frauds and/or the General Obligations Law. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 18. The Verified Complaint is barred by the doctrine of unclean hands. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 19. In the event any party or non-party to the above captioned action settles with Plaintiff Ariadni Cordero, Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC plead, and are entitled to, all rights as are afforded under the General Obligations Law Section 15-108, as well as any other applicable statute(s) governing settlements, as to all settling and/or non-settling parties. FILED: .....- . KINGS ....- --- COUNTY - CLERK --.... 08/10/2022 --, --, -..... 11:51 .. .- - AM ...., INDEX NO. 514351/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 20. This matter should not proceed due to Plaintiff Ariadni Cordero's failure to join all necessary parties. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 21. Any recovery or verdict against Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC is to be reduced by virtue of the failure of Plaintiff Ariadni Cordero to have exercised due care to avoid, eliminate and/or mitigate the injury, loss and/or damages allegedly sustained. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 22. That by entering into the activity in which Plaintiff Ariadni Cordero was engaged at the time of the occurrence set forth in the Verified Complaint, Plaintiff knew the hazards thereof an the inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained by Plaintiff as alleged in the Verified Complaint arose from and were caused by reasons of such risks voluntarily undertaken by the Plaintiff in the activities and such risk were assumed and accepted by Plaintiff in engaging in said activities. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 23. Upon information and belief, Defendants never received actual or constructive notice of any defective or dangerous condition and therefore, it cannot be liable for any alleged injuries suffered by Plaintiff. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 24. That the injuries and damages mentioned and described in the complaint were caused in whole or in part by the contributory negligence, lack of ordinary care, assumption of risk and/or culpable conduct of Plaintiff and without any negligence or carelessness on the part of the Defendants contributing thereto, and that the dangers and risks incident to the situation were open, obvious and apparent and were known and assumed by Plaintiff. O FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 - ---- . .... .... ,..-.-- --, --.,--... - - - .- - ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 25. That at all times, Defendants did not cause or create said condition, and therefore, itcannot be liable for any alleged injuries suffered by Plaintiff. WHEREFORE, Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC demand judgment in favor of Defendants: (1) dismissing the Verified Complaint and each and every count and claim for relief contained therein; (2) awarding Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment attorneys' Management, LLC costs and expenses, including fees, for the defense of this action; and (3) awarding Defendants HP Marcus Garvey Preservation Housing Company, Inc. and C&C Apartment Management, LLC such other, further and different relief as this Court deems just, proper and equitable. Dated: New York, NY September 12, 2019 , Jare eni! hickeysmith.com SMITH LLP Attorneys for Defendants 1040 Avenue of the Americas, Suite 9C New York, NY 10018 Telephone: (212) 729-3565 Direct Dial: (646) 912-6611 Facsimile: (646) 912-6611 Hickey Smith Matter Number: 4304 C O FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 . ...- . .......- -... - ----- - - , ...- , - -...- .... . - - ...., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 VERIFICATION I, Jared S. Henig, an attorney duly admitted to praetice law in the State of New York, hereby state, under the penalties of perjury, that I have read the foregoing Verified Answer, I know the contents thereof and, to the best of my knowledge and belief, the Verified Answer is true and correct, except as to matters stated therein to be averred or alleged on information and belief, and, as to those matters, I believe them to be tme. The reason this verification is made by Jared S. Henig and not by the defendants is that said defendants do not reside within the County of New York where HICKEY SMITH LLP's office is located. Dated: New York, NY September 12, 2019 FILED: KINGS COUNTY CLERK 08/10/2022 11:51 AM INDEX NO. 514351/2019 ....---. .......-- ---.... ----- --, - , .... .... . - - ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 111 7 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/10/2022 09/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 514351/2019 ARIADNI CORDERO, Plaintiff, -against- HP MARCUS GARVEY PRESERVATION HOUSING COMPANY, INC., and C&C APARTMENT MANAGEMENT, LLC, Defendants. VERIFIED ANSWER CERTIFICATION: I hereby certify that, to the best of my knowledge, information and belief, after an inquiry reasonable under the circumstances, the foregoing papers that I have served, filed or submitted to the court in this action are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of the Chief Administrator of the Courts. Dated: New York, NY September 12, 2019 Ja . Henig j e ig@hickeysmith.com HICKEY SMITH LLP Attorneys for Defendants 1040 Avenue of the Americas, Suite 9C New York, NY 10018 Telephone: (212) 729-3565 Direct Dial: (646) 912-6611 Facsimile: (646) 912-6611 Hickey Smith Matter Number: 4304 O O