Preview
FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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VIRGEN TORRES, VERIFIED ANSWER
Plaintiff, Index No. EF005129-2021
-against-
MIDDLECREST CROSSING SENIOR APARTMENTS
II L.P., MIDDLECREST CROSSING SENIOR
APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING
DEVELOPMENT FUND CORP. and ELANT AT
MIDDLECREST CROSSING II HOUSING
DEVELOPMENT FUND CORP,
Defendants.
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Defendants Middlecrest Crossing Senior Apartments II L.P., Middlecrest Crossing Senior
Apartments Managers II LLC, Elant At Middlecrest Crossing Housing Development Fund Corp.
and Elant At Middlecrest Crossing II Housing Development Fund Corp., by its attorneys,
PILLINGER MILLER TARALLO, LLP, upon information and belief, answers the complaint of
plaintiff as follows:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs of the complaint herein designated as “1” and “30”.
2. Admits those portions of the allegations in the paragraph of the complaint
designated as “2”, that Middlecrest Crossing Senior Apartments II LP is a domestic LP with an
address for service of process at 44 Warburton Avenue, Yonkers, New York and denies
knowledge or information sufficient to form a belief as to the truth of the remainder of
allegations in the paragraph of the complaint designated as “2”.
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3. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in the paragraphs of the complaint designated as”3” and refers to the
response to the paragraph of the complaint designed as “2”.
4. Admits those portions of the allegations in the paragraph of the complaint
designed as “4” that Middlecrest Crossing Senior Apartments managers II LLS is a domestic
LLS with an address for service of process at 44 Warburton Avenue, Yonkers, NY and denies
knowledge or information sufficient to form a belief as to the truth of the remainder of
allegations in the paragraph of the complaint designed as “4”.
5. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in the paragraph of the complaint herein designated as”5” and refers to the
response to the paragraph of the complaint designed as “4”.
6. Admits those portions of the allegations in paragraph of the complaint designated
as “6” that Elant at Middlecrest Crossing Housing Development Fund Corp. is a domestic
corporation with an address for service of process at 6 Harriman Drive, Goshen, NY and denies
knowledge or information sufficient to form a belief as to the remainder of the allegations in the
paragraph of the complaint designed as “6”.
7. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in the paragraph of the complaint herein designated as”7” and refers to the
response to the paragraph of the complaint designed as “6”.
8. Admits those portions of the allegations in the paragraph of the complaint
designated as”8” that Elant at Middlecrest Crossing II Housing Development Fund Corp. is a
domestic corporation with an address for service of process at 6 Harriman Drive, Goshen, NY
and denies knowledge or information sufficient to form a belief as to the truth of the remainder
of the allegations in the paragraph of the complaint designed as “8”
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9. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in the paragraphs of the complaint herein designated as”9” and refers to the
response to the paragraph of the complaint designated as “8”.
10. Denies each and every allegation contained in the paragraphs of the complaint
herein designated as “10”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “26”, “27”,
“28”, “29”, “31”, “32”, “33”, “34”, “35” and “36”.
11. Admits, upon information and belief, the allegations contained in the paragraphs
of the complaint herein designated as “11”, “12”, “13” and “14”.
12. Admits in response to the allegations in the paragraph of the complaint designated
“15” that Middletown Crossing Senior Apartments Managers II LLC is the beneficial owner of
premises located at 76 Uhlig Road, Middletown, NY and denies the remainder of the allegations
stated in the paragraph of the complaint designated as “15”.
13. Admits in response to the allegations in the paragraph of the complaint designed
“25” that Elant at Middlecrest Crossing Housing Development Fund Corp. is the fee owner of
premises located at 76 Uhlig Road, Middletown, NY denies the remainder of the allegations in
the paragraph of the complaint designated “25”.
PLEASE TAKE NOTICE that affirmative defenses are set forth as follows:
AS AND FOR FIRST AFFIRMATIVE DEFENSE:
14. That the negligence, fault and culpable conduct of plaintiff herein caused the
incident in which plaintiff was injured and the injuries resulting therefrom.
AS AND FOR SECOND AFFIRMATIVE DEFENSE:
15. That the liability of this answering defendant is limited under the terms of Article
16 of the CPLR.
AS AND FOR THIRD AFFIRMATIVE DEFENSE:
16. Upon information and belief, future costs and/or expenses incurred, or to be
incurred by plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of
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earnings and/or other economic loss, has been, or with reasonable certainty will be, replaced or
indemnified in whole or in part from a collateral source as defined in §4545(c) of the New York
CPLR.
AS AND FOR FOURTH AFFIRMATIVE DEFENSE:
17. Any judgment entered in favor of plaintiff should be reduced pursuant to GOL
15-108 by the amount of any settlement, release, covenant not to sue or covenant not to enforce a
judgment or the amount of consideration paid by any person or entity liable to plaintiff for the
injuries alleged in the Complaint.
AS AND FOR FIFTH AFFIRMATIVE DEFENSE:
18. To the extent that plaintiff failed to obtain coverage available to plaintiff as an
individual or as a family member, which plaintiff is eligible to obtain, then plaintiff has failed to
mitigate plaintiff’s damages and cannot recover for such failure.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
19. That answering defendant had no notice of the alleged dangerous and/or defective
condition.
AS AND FOR AN SEVENTH AFFIRMATIVE DEFENSE:
20. That there exists no proximate causation between any alleged action or breach of
duty by this answering defendant and plaintiff’s alleged injuries and/or causes of action herein.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
21. That although answering defendant denies liability for the occurrence and
damages complained of, if this answering defendant is found liable for such occurrence and
damages, this answering defendant’s share of liability is fifty percent (50%) or less of the total
liability assigned to all persons or entities liable and, pursuant to Section 1601 of the Civil
Practice Law and Rules, the liability of this answering defendant to plaintiff for the economic
loss shall not exceed this answering defendant’s equitable share determined in accordance with
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the relative culpability of each person causing or contributing to the total liability for non-
economic loss.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
22. That this answering defendant had no duty to warn plaintiff against open and
obvious conditions.
AS AND FOR AN TENTH AFFIRMATIVE DEFENSE:
23. That plaintiff voluntarily engaged in a dangerous activity and in doing so,
assumed the risks attendant thereto and those risks were open, obvious and known.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
24. That the within Complaint fails to state a claim or Cause of Action upon which
relief can be granted.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE:
25. That the injuries, losses, damages and occurrences alleged in the Complaint were
the result of an independent, superseding and/or intervening cause or causes over which this
answering defendant had no control or right of control and in no way participated.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE:
26. That the injuries, losses or damages alleged in the Complaint were caused and/or
contributed to by the contributory fault, lack of care, culpable conduct and negligence of plaintiff
and/or other individuals or entities and/or independent contractors for whose conduct this
answering defendant is not responsible.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE:
27. That plaintiff through the exercise of reasonable care, could have discovered the
alleged defect, apprehended the danger and avoided the injury.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE:
28. That there is no proximate cause between the acts of this answering defendant and
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plaintiff’s alleged injuries.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE:
29. That the negligence, fault and culpable conduct of plaintiff herein and/or third
parties over whom this answering defendant had no control or right of control, caused the
incident in which plaintiff was injured and/or injuries resulting therefrom.
AS AND FOR AN SEVENTEENTH AFFIRMATIVE DEFENSE:
30. That the within Complaint fails to meet the pleading requirements as set forth in
the CPLR.
WHEREFORE, defendants demand judgment dismissing the complaint of plaintiff
against it, together with the costs and disbursements incurred in the defense of this action.
Dated: Elmsford, New York
January 3, 2022
Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By:___ ___________________________________
MICHAEL KESTENBAUM
Attorneys for Defendants
555 Taxter Road, 5th Floor
Elmsford, NY 10523
(914) 703-6300
PMT File No. TMB-GNY-00175/MK
TO:
PATRICK S. OWEN, PLLC
Attorneys for Plaintiff
Virgen Torres
250 Crystal Run Road
Middletown, NY 10941
(845) 692-8000
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
MICHAEL KESTENBAUM, an attorney duly admitted to practice law in the State of
New York, hereby affirms the truth of the following under penalty of perjury and pursuant to
CPLR 2106:
I am associated with the law firm of Pillinger Miller Tarallo, LLP, and I have read the
contents of the foregoing and it is true of my own knowledge, except as to the matters therein
stated to be alleged on information and belief and that as to those matters I believe them to be
true.
() I make this verification because defendants, resides outside of
the county where Pillinger Miller Tarallo, LLP maintains its
office.
(X) I make this verification because defendants are a corporation and
Pillinger Miller Tarallo, LLP, is its attorneys in this action and
my knowledge is based upon all facts and corporation records
available and in my possession.
Dated: Elmsford, New York
January 3, 2022
__________________________________
MICHAEL KESTENBAUM
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INDEX NO. EF005129-2021
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Verified Answer has been provided via
rd
NYSCEF on the 3 day of January, 2022 to all counsel of record as indicated:
Service List
PATRICK S. OWEN, PLLC
Attorneys for Plaintiff
Virgen Torres
250 Crystal Run Road
Middletown, NY 10941
(845) 692-8000
__________________________________
MICHAEL KESTENBAUM
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INDEX NO. EF005129-2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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VIRGEN TORRES,
PLAINTIFF,
-AGAINST-
MIDDLECREST CROSSING SENIOR APARTMENTS II L.P.,
MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT
MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. AND ELANT AT THE
MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP,
DEFENDANTS.
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VERIFIED ANSWER
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendants
555 Taxter Road, 5th Floor
Elmsford, NY 10523
(914) 703-6300
TMB-GNY-00175/MK
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a
Michael Kestenbaum hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing VERIFIED ANSWER is/are
neither frivolous nor frivolously presented.
Dated: Elmsford, New York
January 3, 2022 MICHAEL KESTENBAUM
PLEASE TAKE NOTICE
☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on
☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of
the judges of the within named Court at , on at 9:30 a.m.
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendants
555 Taxter Road, 5th Floor
Elmsford, NY 10523
(914) 703-6300
PMT File No. TMB-GNY-00175/MK
MK/jvm
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Preview
FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------------------------------------------------------------X VIRGEN TORRES, VERIFIED ANSWER Plaintiff, Index No. EF005129-2021 -against- MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. and ELANT AT MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, Defendants. ----------------------------------------------------------------------X Defendants Middlecrest Crossing Senior Apartments II L.P., Middlecrest Crossing Senior Apartments Managers II LLC, Elant At Middlecrest Crossing Housing Development Fund Corp. and Elant At Middlecrest Crossing II Housing Development Fund Corp., by its attorneys, PILLINGER MILLER TARALLO, LLP, upon information and belief, answers the complaint of plaintiff as follows: 1. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint herein designated as “1” and “30”. 2. Admits those portions of the allegations in the paragraph of the complaint designated as “2”, that Middlecrest Crossing Senior Apartments II LP is a domestic LP with an address for service of process at 44 Warburton Avenue, Yonkers, New York and denies knowledge or information sufficient to form a belief as to the truth of the remainder of allegations in the paragraph of the complaint designated as “2”. Page |1 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 1 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint designated as”3” and refers to the response to the paragraph of the complaint designed as “2”. 4. Admits those portions of the allegations in the paragraph of the complaint designed as “4” that Middlecrest Crossing Senior Apartments managers II LLS is a domestic LLS with an address for service of process at 44 Warburton Avenue, Yonkers, NY and denies knowledge or information sufficient to form a belief as to the truth of the remainder of allegations in the paragraph of the complaint designed as “4”. 5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint herein designated as”5” and refers to the response to the paragraph of the complaint designed as “4”. 6. Admits those portions of the allegations in paragraph of the complaint designated as “6” that Elant at Middlecrest Crossing Housing Development Fund Corp. is a domestic corporation with an address for service of process at 6 Harriman Drive, Goshen, NY and denies knowledge or information sufficient to form a belief as to the remainder of the allegations in the paragraph of the complaint designed as “6”. 7. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint herein designated as”7” and refers to the response to the paragraph of the complaint designed as “6”. 8. Admits those portions of the allegations in the paragraph of the complaint designated as”8” that Elant at Middlecrest Crossing II Housing Development Fund Corp. is a domestic corporation with an address for service of process at 6 Harriman Drive, Goshen, NY and denies knowledge or information sufficient to form a belief as to the truth of the remainder of the allegations in the paragraph of the complaint designed as “8” Page |2 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 2 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 9. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint herein designated as”9” and refers to the response to the paragraph of the complaint designated as “8”. 10. Denies each and every allegation contained in the paragraphs of the complaint herein designated as “10”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “26”, “27”, “28”, “29”, “31”, “32”, “33”, “34”, “35” and “36”. 11. Admits, upon information and belief, the allegations contained in the paragraphs of the complaint herein designated as “11”, “12”, “13” and “14”. 12. Admits in response to the allegations in the paragraph of the complaint designated “15” that Middletown Crossing Senior Apartments Managers II LLC is the beneficial owner of premises located at 76 Uhlig Road, Middletown, NY and denies the remainder of the allegations stated in the paragraph of the complaint designated as “15”. 13. Admits in response to the allegations in the paragraph of the complaint designed “25” that Elant at Middlecrest Crossing Housing Development Fund Corp. is the fee owner of premises located at 76 Uhlig Road, Middletown, NY denies the remainder of the allegations in the paragraph of the complaint designated “25”. PLEASE TAKE NOTICE that affirmative defenses are set forth as follows: AS AND FOR FIRST AFFIRMATIVE DEFENSE: 14. That the negligence, fault and culpable conduct of plaintiff herein caused the incident in which plaintiff was injured and the injuries resulting therefrom. AS AND FOR SECOND AFFIRMATIVE DEFENSE: 15. That the liability of this answering defendant is limited under the terms of Article 16 of the CPLR. AS AND FOR THIRD AFFIRMATIVE DEFENSE: 16. Upon information and belief, future costs and/or expenses incurred, or to be incurred by plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of Page |3 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 3 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 earnings and/or other economic loss, has been, or with reasonable certainty will be, replaced or indemnified in whole or in part from a collateral source as defined in §4545(c) of the New York CPLR. AS AND FOR FOURTH AFFIRMATIVE DEFENSE: 17. Any judgment entered in favor of plaintiff should be reduced pursuant to GOL 15-108 by the amount of any settlement, release, covenant not to sue or covenant not to enforce a judgment or the amount of consideration paid by any person or entity liable to plaintiff for the injuries alleged in the Complaint. AS AND FOR FIFTH AFFIRMATIVE DEFENSE: 18. To the extent that plaintiff failed to obtain coverage available to plaintiff as an individual or as a family member, which plaintiff is eligible to obtain, then plaintiff has failed to mitigate plaintiff’s damages and cannot recover for such failure. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 19. That answering defendant had no notice of the alleged dangerous and/or defective condition. AS AND FOR AN SEVENTH AFFIRMATIVE DEFENSE: 20. That there exists no proximate causation between any alleged action or breach of duty by this answering defendant and plaintiff’s alleged injuries and/or causes of action herein. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: 21. That although answering defendant denies liability for the occurrence and damages complained of, if this answering defendant is found liable for such occurrence and damages, this answering defendant’s share of liability is fifty percent (50%) or less of the total liability assigned to all persons or entities liable and, pursuant to Section 1601 of the Civil Practice Law and Rules, the liability of this answering defendant to plaintiff for the economic loss shall not exceed this answering defendant’s equitable share determined in accordance with Page |4 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 4 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 the relative culpability of each person causing or contributing to the total liability for non- economic loss. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: 22. That this answering defendant had no duty to warn plaintiff against open and obvious conditions. AS AND FOR AN TENTH AFFIRMATIVE DEFENSE: 23. That plaintiff voluntarily engaged in a dangerous activity and in doing so, assumed the risks attendant thereto and those risks were open, obvious and known. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE: 24. That the within Complaint fails to state a claim or Cause of Action upon which relief can be granted. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE: 25. That the injuries, losses, damages and occurrences alleged in the Complaint were the result of an independent, superseding and/or intervening cause or causes over which this answering defendant had no control or right of control and in no way participated. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE: 26. That the injuries, losses or damages alleged in the Complaint were caused and/or contributed to by the contributory fault, lack of care, culpable conduct and negligence of plaintiff and/or other individuals or entities and/or independent contractors for whose conduct this answering defendant is not responsible. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE: 27. That plaintiff through the exercise of reasonable care, could have discovered the alleged defect, apprehended the danger and avoided the injury. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE: 28. That there is no proximate cause between the acts of this answering defendant and Page |5 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 5 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 plaintiff’s alleged injuries. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE: 29. That the negligence, fault and culpable conduct of plaintiff herein and/or third parties over whom this answering defendant had no control or right of control, caused the incident in which plaintiff was injured and/or injuries resulting therefrom. AS AND FOR AN SEVENTEENTH AFFIRMATIVE DEFENSE: 30. That the within Complaint fails to meet the pleading requirements as set forth in the CPLR. WHEREFORE, defendants demand judgment dismissing the complaint of plaintiff against it, together with the costs and disbursements incurred in the defense of this action. Dated: Elmsford, New York January 3, 2022 Yours, etc., PILLINGER MILLER TARALLO, LLP By:___ ___________________________________ MICHAEL KESTENBAUM Attorneys for Defendants 555 Taxter Road, 5th Floor Elmsford, NY 10523 (914) 703-6300 PMT File No. TMB-GNY-00175/MK TO: PATRICK S. OWEN, PLLC Attorneys for Plaintiff Virgen Torres 250 Crystal Run Road Middletown, NY 10941 (845) 692-8000 Page |6 TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 6 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) MICHAEL KESTENBAUM, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am associated with the law firm of Pillinger Miller Tarallo, LLP, and I have read the contents of the foregoing and it is true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. () I make this verification because defendants, resides outside of the county where Pillinger Miller Tarallo, LLP maintains its office. (X) I make this verification because defendants are a corporation and Pillinger Miller Tarallo, LLP, is its attorneys in this action and my knowledge is based upon all facts and corporation records available and in my possession. Dated: Elmsford, New York January 3, 2022 __________________________________ MICHAEL KESTENBAUM TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 7 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 INDEX NO. EF005129-2021 STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Verified Answer has been provided via rd NYSCEF on the 3 day of January, 2022 to all counsel of record as indicated: Service List PATRICK S. OWEN, PLLC Attorneys for Plaintiff Virgen Torres 250 Crystal Run Road Middletown, NY 10941 (845) 692-8000 __________________________________ MICHAEL KESTENBAUM TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 8 of 9 FILED: ORANGE COUNTY CLERK 01/03/2022 04:00 PM INDEX NO. EF005129-2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/03/2022 INDEX NO. EF005129-2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------------------------------------------------------------X VIRGEN TORRES, PLAINTIFF, -AGAINST- MIDDLECREST CROSSING SENIOR APARTMENTS II L.P., MIDDLECREST CROSSING SENIOR APARTMENTS MANAGERS II LLC, ELANT AT MIDDLECREST CROSSING HOUSING DEVELOPMENT FUND CORP. AND ELANT AT THE MIDDLECREST CROSSING II HOUSING DEVELOPMENT FUND CORP, DEFENDANTS. ----------------------------------------------------------------------X VERIFIED ANSWER PILLINGER MILLER TARALLO, LLP Attorneys for Defendants 555 Taxter Road, 5th Floor Elmsford, NY 10523 (914) 703-6300 TMB-GNY-00175/MK CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a Michael Kestenbaum hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing VERIFIED ANSWER is/are neither frivolous nor frivolously presented. Dated: Elmsford, New York January 3, 2022 MICHAEL KESTENBAUM PLEASE TAKE NOTICE ☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on ☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at , on at 9:30 a.m. PILLINGER MILLER TARALLO, LLP Attorneys for Defendants 555 Taxter Road, 5th Floor Elmsford, NY 10523 (914) 703-6300 PMT File No. TMB-GNY-00175/MK MK/jvm TMB-GNY-00175/2502851.docx/Pleadings /MK/jvm 9 of 9