Preview
FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______________________________________________X
GARY HANNANT, as the Administrator of Index No.: 157521/2022
The Estate of MICHAEL HANNANT, Deceased,
and GARY HANNANT and CINDY HANNANT,
individually, VERIFIED ANSWER TO
VERIFIED COMPLAINT
Plaintiffs,
-against-
ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH
AVENUE CORP., NEW NINTH AVENUE CORP.,
BOARD OF DIRECTORS OF NEW NINTH AVENUE
CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC,
AIRBNB STAYS, INC., NEW BEDFORD
MANAGEMENT CORP., SIREN MANAGEMENT
CORP., and JOHN DOES 1-10,
Defendants.
_______________________________________________X
The defendant, ERIC ABT by his attorneys, HANNUM FERETIC PRENDERGAST &
MERLINO, LLC, answering the Verified Complaint herein:
AS AND FOR A FIRST CAUSE OF ACTION
1. Denies knowledge and information sufficient to form a belief thereof as to the
allegations contained in paragraphs numbered “1”, “2”, “3”, “4”, “5”, “7”, “8”, “9”, “10”, “11”,
“12”, “13”, “14”, “15”, “16”, “17”, “19”, “20”, “21”, “22”, “25”, “26”, “29”, “30”, “32”, “33”,
“34”, “36”, “37”, “38”, “39”, “47”, “48”, “49”, “53”, “54”, “56”, “57”, “58”, “59”, “60”, “61”,
“66”, “72” and “74”, of the Verified Complaint.
2. Denies each and every allegation contained in paragraphs numbered “23”, “24”,
“28”, “31”, “35”, “41”, “42”, “43”, “44”, “45”, “51”, “55”, “64”, “65”, “67”, “71”, “76”, and
“77” of the Verified Complaint and respectfully refers all questions of law to the Honorable
Court.
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3. Denies each and every allegation contained in paragraphs numbered “27”, “40”,
“50”, “52”, “62”, “63”, “68”, “69”, “70”, “73”, “75” and “78” of the Verified Complaint.
4. Denies each and every allegation contained in paragraph numbered “46” except
admits that the premises were listed on Airbnb by Eric Abt.
AS AND FOR A SECOND CAUSE OF ACTION
5. As to paragraph numbered “79” of the Verified Complaint, defendant repeats,
reiterates and realleges each and every answer made with respect to paragraph numbered “1”
through “78” with the same force and effect as if more fully set forth at length herein.
6. Denies knowledge and information sufficient to form a belief thereof as to the
allegations contained in paragraphs numbered “80”, “81” and “82”, of the Verified Complaint.
7. Denies each and every allegation contained in paragraph numbered “83” of the
Verified Complaint.
8. Denies each and every allegation contained in paragraphs numbered “84”, and
“85” of the Verified Complaint and respectfully refers all questions of law to the Honorable
Court.
AS AND FOR A THIRD CAUSE OF ACTION
9. As to paragraph numbered “86” of the Verified Complaint, defendant repeats,
reiterates and realleges each and every answer made with respect to paragraph numbered “1”
through “85” with the same force and effect as if more fully set forth at length herein.
10. Denies each and every allegation contained in paragraph numbered “87” of the
Verified Complaint and respectfully refers all questions of law to the Honorable Court.
11. Denies each and every allegation contained in paragraph numbered “87” of the
Verified Complaint.
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AS AND FOR THE FIRST AFFIRMATIVE DEFENSE
12. Upon information and belief, the injuries and damages alleged were caused by the
contributory negligence and/or culpable conduct of plaintiff.
AS AND FOR THE SECOND AFFIRMATIVE DEFENSE
13. Plaintiff’s claims are barred by the doctrine of assumption of risk.
AS AND FOR THE THIRD AFFIRMATIVE DEFENSE
14. Upon information and belief, this complaint is defective in that it fails to name all
necessary and indispensable parties.
AS AND FOR THE FOURTHAFFIRMATIVE DEFENSE
15. If the answering defendant is found liable, such liability is less than or equal to
50% of the total liability of all persons who may be found liable and therefore this answering
defendant’s liability shall be limited to its equitable share, pursuant to CPLR Article 1600,
Section 1602.
AS AND FOR THE FIFTH AFFIRMATIVE DEFENSE
16. Upon information and belief, the Complaint fails to state a cause of action upon
which relief can be granted.
AS AND FOR THE SIXTH AFFIRMATIVE DEFENSE
17. Upon information and belief, defendant complied with all the requirements of law
and/or terms of a permit or license duly granted by the proper authorities and no nuisance was
created or permitted.
AS AND FOR THE SEVENTH AFFIRMATIVE DEFENSE
18. Upon information and belief, ownership, operation and control of the premises are
denied.
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AS AND FOR THE EIGHTH AFFIRMATIVE DEFENSE
19. The plaintiff’s Complaint must be dismissed as the plaintiff’s actions were the
sole proximate cause of this incident.
AS AND FOR THE NINTH AFFIRMATIVE DEFENSE
20. The damages the plaintiff(s) or the person insured by plaintiff claims to have
suffered were almost entirely caused by an event that occurred after the accident described in the
Complaint, thus this defendant is not responsible for plaintiff’s claimed damages.
AS AND FOR THE TENTH AFFIRMATIVE DEFENSE
21. Upon information and belief, the injuries and damages alleged were caused by the
culpable conduct of some third person or persons.
AS AND FOR A CROSS-CLAIM AGAINST THE CO-DEFENDANTS ROBERT
WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE
CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC.,
AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT
CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR COMMON LAW
INDEMNIFICATION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS
The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation
heretofore alleged herein with the same force and effect as if more fully set forth at length herein.
If the plaintiff sustained any of the injuries as alleged, other than through his own
negligence, and if defendant, ERIC ABT, is held liable for any portion of those damages, which
they deny, those damages were caused by the negligent acts and/or omissions of co-defendants,
ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE
CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC.,
AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT
CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, with the negligence, if
any, on the part of the defendant, ERIC ABT, being passive or derivative only.
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In the event plaintiff recovers against defendant, ERIC ABT, for any of the alleged
damages, co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW
NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD
MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, will
be liable to indemnify the defendant, ERIC ABT, for full or partial indemnity by contract,
together with those costs incurred by ERIC ABT for all of such judgment in connection with the
defense of the underlying litigation, including, but not limited to, counsel fees and expenses.
AS AND FOR A SECOND CROSS-CLAIM AGAINST THE CO-DEFENDANTS
ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE
CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC.,
AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT
CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR COMMON LAW
CONTRIBUTION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS
The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation
heretofore alleged herein with the same force and effect as if more fully set forth at length herein.
If plaintiff sustained any of the alleged damages other than through the negligence of the
plaintiff, and if defendant, ERIC ABT is held liable for any portion of those damages, which
they deny, those damages were caused in whole or in part by the negligent acts and/or omissions
of the co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW
NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD
MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, and
not by any negligence on the part of the answering defendant, ERIC ABT.
In the event that plaintiff should recover against defendant, ERIC ABT, for any of the
damages alleged in the complaint, co-defendants, ROBERT WEINSTEIN, 855-857 NINTH
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AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS,
INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and
JOHN DOES 1-10, shall be liable to indemnify defendant, ERIC ABT, for full or partial
indemnity on the basis of apportionment of responsibility.
AS AND FOR A THIRD CROSS-CLAIM AGAINST THE CO-DEFENDANTS
ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE
CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC.,
AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT
CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR CONTRACTUAL
INDEMNIFICATION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS
The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation
heretofore alleged herein with the same force and effect as if more fully set forth at length herein.
Prior to the date of the accident, defendant, ERIC ABT, entered into a written agreement
with the co- defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW
NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD
MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10.
That in said agreement co-defendants, ROBERT WEINSTEIN, 855-857 NINTH
AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS,
INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and
JOHN DOES 1-10, agreed to indemnify and hold defendant, ERIC ABT, harmless from and
against any and all claims and demands for and in connection with any action, injury or demand
whatsoever concerning any injury to person or property arising directly or indirectly on said
premises.
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That said agreement was in full force and effect on the date of the accident as alleged in
plaintiff’s complaint.
That defendant, ERIC ABT, is entitled to be indemnified and held harmless by the co-
defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH
AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP.,
AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD
MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, for
full or partial indemnity for the claim and suit of the plaintiff herein based upon said
contract/agreement.
WHEREFORE, the answering defendant, ERIC ABT, demands judgment dismissing
the Complaint against them with costs and disbursements of this action, and further demands that
the ultimate rights of the answering defendant, ERIC ABT, and the aforesaid co-defendants,
between themselves be determined in this action; and that the answering defendant, ERIC ABT,
has judgment over and against the co-defendants, ROBERT WEINSTEIN, 855-857 NINTH
AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW
NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS,
INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and
JOHN DOES 1-10, and for all or any part of any verdict or judgment which may be obtained
herein by the plaintiff against the defendant, ERIC ABT, together with the costs and
disbursements of this action.
just and proper.
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DATED: New York, New York
October 12, 2022
Yours, etc.,
HANNUM FERETIC PRENDERGAST
& MERLINO, LLC
__________________________________
Ian B. Lane
Attorneys for Defendant
ERIC ABT
Office and Post Office Address
55 Broadway, Suite 202
New York, New York 10006
(212) 530-3900
TO:
Law Offices of Eric Dinnocenzo
Attorneys for Plaintiffs
GARY HANNANT and CINDY HANNANT
469 Seventh Avenue, 12th Floor
New York, NY 10018
(212)933-1675
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ATTORNEY VERIFICATION
1. I am an attorney at law in the firm of HANNUM FERETIC PRENDERGAST
& MERLINO, LLC, attorneys for the defendant, ERIC ABT, herein. I have read the annexed
Answer and itis true to the knowledge of this deponent, except as to the matters alleged upon
information and belief, and as to those matters I believe each to be true.
1. This verification is made by the deponent and not by the defendant because the
defendant does not reside within the county where HANNUM FERETIC PRENDERGAST &
MERLINO, LLC, has its office. The information set forth within the annexed Answer was
obtained from an examination of the file in the office of HANNUM FERETIC
PRENDERGAST & MERLINO, LLC.
DATED: New York, New York
October 12, 2022
_________________________________
Ian B. Lane
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Preview
FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______________________________________________X GARY HANNANT, as the Administrator of Index No.: 157521/2022 The Estate of MICHAEL HANNANT, Deceased, and GARY HANNANT and CINDY HANNANT, individually, VERIFIED ANSWER TO VERIFIED COMPLAINT Plaintiffs, -against- ERIC ABT, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP., BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, Defendants. _______________________________________________X The defendant, ERIC ABT by his attorneys, HANNUM FERETIC PRENDERGAST & MERLINO, LLC, answering the Verified Complaint herein: AS AND FOR A FIRST CAUSE OF ACTION 1. Denies knowledge and information sufficient to form a belief thereof as to the allegations contained in paragraphs numbered “1”, “2”, “3”, “4”, “5”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “17”, “19”, “20”, “21”, “22”, “25”, “26”, “29”, “30”, “32”, “33”, “34”, “36”, “37”, “38”, “39”, “47”, “48”, “49”, “53”, “54”, “56”, “57”, “58”, “59”, “60”, “61”, “66”, “72” and “74”, of the Verified Complaint. 2. Denies each and every allegation contained in paragraphs numbered “23”, “24”, “28”, “31”, “35”, “41”, “42”, “43”, “44”, “45”, “51”, “55”, “64”, “65”, “67”, “71”, “76”, and “77” of the Verified Complaint and respectfully refers all questions of law to the Honorable Court. 1 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 3. Denies each and every allegation contained in paragraphs numbered “27”, “40”, “50”, “52”, “62”, “63”, “68”, “69”, “70”, “73”, “75” and “78” of the Verified Complaint. 4. Denies each and every allegation contained in paragraph numbered “46” except admits that the premises were listed on Airbnb by Eric Abt. AS AND FOR A SECOND CAUSE OF ACTION 5. As to paragraph numbered “79” of the Verified Complaint, defendant repeats, reiterates and realleges each and every answer made with respect to paragraph numbered “1” through “78” with the same force and effect as if more fully set forth at length herein. 6. Denies knowledge and information sufficient to form a belief thereof as to the allegations contained in paragraphs numbered “80”, “81” and “82”, of the Verified Complaint. 7. Denies each and every allegation contained in paragraph numbered “83” of the Verified Complaint. 8. Denies each and every allegation contained in paragraphs numbered “84”, and “85” of the Verified Complaint and respectfully refers all questions of law to the Honorable Court. AS AND FOR A THIRD CAUSE OF ACTION 9. As to paragraph numbered “86” of the Verified Complaint, defendant repeats, reiterates and realleges each and every answer made with respect to paragraph numbered “1” through “85” with the same force and effect as if more fully set forth at length herein. 10. Denies each and every allegation contained in paragraph numbered “87” of the Verified Complaint and respectfully refers all questions of law to the Honorable Court. 11. Denies each and every allegation contained in paragraph numbered “87” of the Verified Complaint. 2 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 AS AND FOR THE FIRST AFFIRMATIVE DEFENSE 12. Upon information and belief, the injuries and damages alleged were caused by the contributory negligence and/or culpable conduct of plaintiff. AS AND FOR THE SECOND AFFIRMATIVE DEFENSE 13. Plaintiff’s claims are barred by the doctrine of assumption of risk. AS AND FOR THE THIRD AFFIRMATIVE DEFENSE 14. Upon information and belief, this complaint is defective in that it fails to name all necessary and indispensable parties. AS AND FOR THE FOURTHAFFIRMATIVE DEFENSE 15. If the answering defendant is found liable, such liability is less than or equal to 50% of the total liability of all persons who may be found liable and therefore this answering defendant’s liability shall be limited to its equitable share, pursuant to CPLR Article 1600, Section 1602. AS AND FOR THE FIFTH AFFIRMATIVE DEFENSE 16. Upon information and belief, the Complaint fails to state a cause of action upon which relief can be granted. AS AND FOR THE SIXTH AFFIRMATIVE DEFENSE 17. Upon information and belief, defendant complied with all the requirements of law and/or terms of a permit or license duly granted by the proper authorities and no nuisance was created or permitted. AS AND FOR THE SEVENTH AFFIRMATIVE DEFENSE 18. Upon information and belief, ownership, operation and control of the premises are denied. 3 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 AS AND FOR THE EIGHTH AFFIRMATIVE DEFENSE 19. The plaintiff’s Complaint must be dismissed as the plaintiff’s actions were the sole proximate cause of this incident. AS AND FOR THE NINTH AFFIRMATIVE DEFENSE 20. The damages the plaintiff(s) or the person insured by plaintiff claims to have suffered were almost entirely caused by an event that occurred after the accident described in the Complaint, thus this defendant is not responsible for plaintiff’s claimed damages. AS AND FOR THE TENTH AFFIRMATIVE DEFENSE 21. Upon information and belief, the injuries and damages alleged were caused by the culpable conduct of some third person or persons. AS AND FOR A CROSS-CLAIM AGAINST THE CO-DEFENDANTS ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR COMMON LAW INDEMNIFICATION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation heretofore alleged herein with the same force and effect as if more fully set forth at length herein. If the plaintiff sustained any of the injuries as alleged, other than through his own negligence, and if defendant, ERIC ABT, is held liable for any portion of those damages, which they deny, those damages were caused by the negligent acts and/or omissions of co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, with the negligence, if any, on the part of the defendant, ERIC ABT, being passive or derivative only. 4 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 In the event plaintiff recovers against defendant, ERIC ABT, for any of the alleged damages, co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, will be liable to indemnify the defendant, ERIC ABT, for full or partial indemnity by contract, together with those costs incurred by ERIC ABT for all of such judgment in connection with the defense of the underlying litigation, including, but not limited to, counsel fees and expenses. AS AND FOR A SECOND CROSS-CLAIM AGAINST THE CO-DEFENDANTS ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR COMMON LAW CONTRIBUTION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation heretofore alleged herein with the same force and effect as if more fully set forth at length herein. If plaintiff sustained any of the alleged damages other than through the negligence of the plaintiff, and if defendant, ERIC ABT is held liable for any portion of those damages, which they deny, those damages were caused in whole or in part by the negligent acts and/or omissions of the co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, and not by any negligence on the part of the answering defendant, ERIC ABT. In the event that plaintiff should recover against defendant, ERIC ABT, for any of the damages alleged in the complaint, co-defendants, ROBERT WEINSTEIN, 855-857 NINTH 5 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, shall be liable to indemnify defendant, ERIC ABT, for full or partial indemnity on the basis of apportionment of responsibility. AS AND FOR A THIRD CROSS-CLAIM AGAINST THE CO-DEFENDANTS ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, FOR CONTRACTUAL INDEMNIFICATION, THE ANSWERING DEFENDANT ALLEGES AS FOLLOWS The defendant, ERIC ABT, repeats, reiterates and realleges each and every allegation heretofore alleged herein with the same force and effect as if more fully set forth at length herein. Prior to the date of the accident, defendant, ERIC ABT, entered into a written agreement with the co- defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10. That in said agreement co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, agreed to indemnify and hold defendant, ERIC ABT, harmless from and against any and all claims and demands for and in connection with any action, injury or demand whatsoever concerning any injury to person or property arising directly or indirectly on said premises. 6 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 That said agreement was in full force and effect on the date of the accident as alleged in plaintiff’s complaint. That defendant, ERIC ABT, is entitled to be indemnified and held harmless by the co- defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, for full or partial indemnity for the claim and suit of the plaintiff herein based upon said contract/agreement. WHEREFORE, the answering defendant, ERIC ABT, demands judgment dismissing the Complaint against them with costs and disbursements of this action, and further demands that the ultimate rights of the answering defendant, ERIC ABT, and the aforesaid co-defendants, between themselves be determined in this action; and that the answering defendant, ERIC ABT, has judgment over and against the co-defendants, ROBERT WEINSTEIN, 855-857 NINTH AVENUE CORP., NEW NINTH AVENUE CORP.,BOARD OF DIRECTORS OF NEW NINTH AVENUE CORP., AIRBNB, INC., AIRBNB TRAVEL, LLC, AIRBNB STAYS, INC., NEW BEDFORD MANAGEMENT CORP., SIREN MANAGEMENT CORP., and JOHN DOES 1-10, and for all or any part of any verdict or judgment which may be obtained herein by the plaintiff against the defendant, ERIC ABT, together with the costs and disbursements of this action. just and proper. 7 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 DATED: New York, New York October 12, 2022 Yours, etc., HANNUM FERETIC PRENDERGAST & MERLINO, LLC __________________________________ Ian B. Lane Attorneys for Defendant ERIC ABT Office and Post Office Address 55 Broadway, Suite 202 New York, New York 10006 (212) 530-3900 TO: Law Offices of Eric Dinnocenzo Attorneys for Plaintiffs GARY HANNANT and CINDY HANNANT 469 Seventh Avenue, 12th Floor New York, NY 10018 (212)933-1675 8 of 9 FILED: NEW YORK COUNTY CLERK 10/12/2022 10:14 AM INDEX NO. 157521/2022 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 10/12/2022 ATTORNEY VERIFICATION 1. I am an attorney at law in the firm of HANNUM FERETIC PRENDERGAST & MERLINO, LLC, attorneys for the defendant, ERIC ABT, herein. I have read the annexed Answer and itis true to the knowledge of this deponent, except as to the matters alleged upon information and belief, and as to those matters I believe each to be true. 1. This verification is made by the deponent and not by the defendant because the defendant does not reside within the county where HANNUM FERETIC PRENDERGAST & MERLINO, LLC, has its office. The information set forth within the annexed Answer was obtained from an examination of the file in the office of HANNUM FERETIC PRENDERGAST & MERLINO, LLC. DATED: New York, New York October 12, 2022 _________________________________ Ian B. Lane 9 of 9