Preview
FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__ __________..____________________..-------- ---------X
GLORIA DEL CARMEN CABRERA, VERIFIED ANSWER TO
VERIFIED COMPLAINT,
Plaintiff, WITH CROSS-CLAIMS
-against- Index No. 611420/2021
PETSTA LLC, PETCO HEALTH AND WELLNESS
COMPANY, INC., and STAPLES INC.,
Defendants.
---------- ---- -------------------------------X
Defendant, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. ("Answering
Defendant"), by its attorneys, PILLINGER MILLER TARALLO, LLP, upon information and
belief, answers the Verified Complaint of Plaintiff, GLORIA DEL CARMEN CABRERA
("Plaintiff"), as follows:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
"1,"
the allegations contained in the paragraphs of the Verified Complaint herein designated as:
"2," "3," "4," "5," "6," "7" "8"
and the second paragraph incorrectly designated as paragraph by
plaintiff in her Verified Complaint.
2. Denies each and every allegations contained in the Paragraphs of the Verified
"8,"
Complaint herein designated as: the second paragraph iñcorrectly designated as paragraph
"9" "10,"
by plaintiff in her Verified Complaint, the second paragraph incorrectly designated as
"10" "11."
paragraph by plaintiff in her Verified Complaint and
3. Admits to the allegation contained in the Paragraph of the Verified Complaint
"9."
herein designated as:
PLEASE TAKE NOTICE that Affirmative Defenses are set forth as follows:
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
4. That the amount recoverable shall be diminished in the proportion which the culpable
conduct attributable to Plaintiff bears to the culpable conduct which caused the damages,
including, but not limited to, Plaintiff's contributory negligence and/or assumption of the risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
5. That the liability of this Answering Defendant is limited under the terms of Article
Sixteen of the CPLR.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
6. To the extent that Plaintiff failed to take reasonable steps to protect Plaintiff from medical
costs, healthcare or life care costs or to avail Plaintiff of the resources, service benefits and
coverage available to Plaintiff under the Affordable Care Act, then Plaintiff failed to mitigate
Plaintiff's damages and cannot recover for such failure.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
7. That this Answering Defendant had no Notice of the alleged dangerous and/or defective
condition.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
8. That there exists no proximate causation between any alleged acts or breach of duty by
this Answering Defendant and Plaintiff's alleged injuries and/or Causes of Action herein.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
9. That there is no Cause of Action as the claimed defect was open, obvious, not inherently
dangerous and/or de minimis.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
10. That although this Answering Defendant specifically 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 (50%) Percent or less of the total
liability assigned to all persons or entities liable and, pursuant to §1601 of the Civil Practice Law
and Rules, the liability of this Answering Defendant to Plaintiff for the non-economic loss shall
not exceed this Answering Defendant's equitable share determined in accordance with the
relative culpability of each person causing or contributing to the total liability for non-economic
loss.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
11. That 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
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
Civil Practice Law and Rules. Accordingly, if any damages are recoverable against this
Answering Defendant, the amount of such damages shall be diminished by the amount of funds
which Plaintiff has or shall receive from such collateral source.
AS AND FOR A NINTH AFFIRMATIVE DEFEN_SE:
12. That this Answering Defendant had no duty to warn Plaintiff against open and obvious
condition.
AS AND FOR A TENTH AFFIRMATIVE DEFE] E:
13. 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.
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AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
14. That the within Verified Complaint fails to state a claim or Cause of Action upon which
relief can be granted.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE:
15. That the injuries, losses, damages and occurrences alleged in the Verified 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 DEFER:
16. That the injuries, losses or damages alleged in the Verified 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:
17. 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:
18. That there is no proximate cause between the acts of this Answering Defendant and
Plaintiff's alleged injuries.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE:
19. 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.
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AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE:
20. That Plaintiff failed and/or refused to take reasoñãble steps to avoid, minimize and/or
mitigate Plaintiff's injuries and/or damages.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE:
21. That the within Verified Complaint fails to meet the pleading requirements as set forth in
the CPLR.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE:
22. 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 Verified Complaint.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE:
23. 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 THE FIRST CROSS-CLAIM AGAINST
DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND
WELLNESS COMPANY, INC., ANSWERING
DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC., ALLEGES, UPON INFORMATION AND
BELIEF AS FOLLOWS:
That, upon information and belief (on the authority of Dole v. Dow Chemical, 30 N.Y.2d 143;
Rogers v. Dorchester, 32 N.Y.2d 553; Kelly v. Diesel Construction, 35 N.Y.2d 1), if the Plaintiff
sustained the injuries and damages in the manner and at the time and place alleged, and if it is
found that this Answering Defendant is liable to the Plaintiff herein, then upon said allegations of
the Complaint and upon the pleadings and evidence, said damages were sustained by reason of
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the sole, active, and primary carelessness and/or recklessness and/or negligence and/or
affirmative acts of omissions or commission and/or gross negligence and/or in causing or
creating the conditions complained of and/or breach of contract, breach of agreement and/or
breach of warranty and/or strict liability and/or violation of Codes, Statutes, Rules and/or
Regulations by DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS
COMPANY, INC., and this Answering Defendant is entitled to complete indemnification, both
contractual and common law, and/or to be defended and held harmless from any Judgment over
against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS
COMPANY, INC., herein, for all or part of any Verdict or Judgment that the Plaintiff may
recover against said Answering Defendant, and/or in the event that Judgment over is not
recovered on the basis of full indemnification, both contractual and common law, then this
Answering Defendant Demands Judgment over and against DEFENDANTS, PETSTA, LLC
AND PETCO HEALTH AND WELLNESS COMPANY, INC., herein on the basis of an
apportionment of responsibility for the alleged occurrence for all or part of any Judgment or
verdict that the Plaintiff may recover against said Answering Defendant, and that all of the
provisions of limitation of liability under the Terms of Article Fourteen and Article Sixteen of
the CPLR are pleaded herein by this Cross-Claiming Defendant, together with costs,
attorneys'
disbursements and reasonable fees.
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AS AND FOR THE SECOND CROSS-CLAIM AGAINST
DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND
WELLNESS COMPANY, INC., ANSWERING
DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC., ALLEGES, UPON INFORMATION AND
BELIEF AS FOLLOWS:
If it is found that the Answering Defendant is liable to the Plaintiff herein, all of which is
denied, said Answering Defendant, on the basis of apportionment of responsibility for the
alleged occurrence, is entitled to contribution from and Judgment over and against
DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY,
INC., for all or part of any Verdict of Judgment the Plaintiff may recover against the Answering
Defendant.
AS AND FOR THE THIRD CROSS-CLAIM AGAINST
DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND
WELLNESS COMPANY, INC., ANSWERING
DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC., ALLEGES, UPON INFORMATION AND
BELIEF AS FOLLOWS:
If it is found that the Answering Defêñdañt is liable to the Plaintiff herein, all of which is
denied, said Answering Defendant, on the basis negligeñce/apportionment of responsibility for
the alleged occurrence, this Answering Defendant is entitled to common law indem y and
Judgment over and against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND
WELLNESS COMPANY, INC., for all or part of any Verdict of Judgment the Plaintiff may
recover against this Answering Defendant..
PLEASE TAKE NOTICE that this Answering Defendant herchy demands, pursuant to
CPLR §3011, that DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND
WELLNESS COMPANY, INC., serve an Answer to these Cross-Claims.
WHEREFORE, Defendant, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC.,
Demmids Judgment dismissing the Verified Complaint of Plaintiff, GLORIA DEL CARMEN
CABRERA, against it, together with the costs and disbursements of this Action.
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF WESTCHESTER )
JOHN A. RISI, ESQ., 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 partner with of Pininger Miller Tarallo, LLP, and I have read the contents of the
foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT, WITH CROSS-CLAIMS 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.
(X) I make this Verification because Defendant, OFFICE
SUPERSTORE EAST, LLC i/s/h/a STAPLES, INC., maintains
an office outside of the county where Pillinger Miller Tarallo,
LLP maintains its office.
(X) I make this Verification because Defendant, OFFICE
SUPERSTORE EAST, LLC i/s/h/a STAPLES, INC., is a limited
liability company and Pillinger Miller Tarallo, LLP, is its
attorney in this Action and my knowledge is based upon all facts
and company records available and in my possession.
Dated: Elmsford, New York
December 10, 2021
J A. RISI, ESQ.
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Dated: Elmsford, New York
December 10, 2021 Yours, etc.,
PILLIN R MILLER TARALLO, LLP
By:
HN A. RISI, ESQ.
A orneys for Defendant
FICE SUPERSTORE EAST, LLC, i/s/h/a
STAPLES, INC.
5th
555 Taxter Road, FlOOr
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
TO:
ROBERT K. YOUNG and ASSOCIATES, P.C.
Attorney for Plaintiff
GLORIA DEL CARMEN CABRERA
2284 Babylon Turnpike
Merrick, New York 11566
(516) 826-8938
AHMUTY, DEMERS and McMANUS, ESQS.
Attorney for Defendant
PETCO HEALTH AND WELLNESS COMPANY, INC.
199 Water Street
16tl'
Floor
New York, New York 10038
(212) 513-7788
No Appearance:
PETSTA, LLC
Defendant
111 East Jericho Turnpike
Second Floor
Mineola, New York 11501
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INDEX NO. 611420/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
GLORIA DEL CARMEN CABRERA,
PLAINTIFF,
-AGAINST-
PETSTA, LLC, PETCO HEALTH AND WELLNESS COMPANY, INC. AND STAPLES, INC.,
DEFENDANTS.
VERIFIED ANSWER TO VERIFIED COMPLA_INT. WITH (ROSS CLAIMS
PILLINGER MILLER TARALLO, LLP
Attorneys Defendant, OFFICE SUPERSTORE EAST, INC. is/h/a STAPLES, INC.
555 Taxter Road, 5th plOOr
Elmsfard, New York 10523
(914) 703-6300
D-STPS-00173/JAR
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. 8 130-1. 1a
John A. Risi, Esq., hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the fGregGii VERIFIED ANSWER TO
VERIFIED COMPLAINT, WITH CROSS CLAIM_S is neither frivolous nor friv lously presented.
Dated: Elmsford, New York
Decernber 10, 2021 JOHN A. RISI, ESQ.
PLEASE TAKE NOT1
O that the within is a true copy of a entered in the office of the clerk ofthe within named Court on
O 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 Defendant, OFFICE SUPERSTORE EAST,
INC. is/h/a STAPLES, INC,
555 Taxter Road, 5th Floor
Elmsford, New York 10523
(914) 703-6300
PMT File No. D-STPS-00173/JAR
JAR/amy
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Preview
FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __ __________..____________________..-------- ---------X GLORIA DEL CARMEN CABRERA, VERIFIED ANSWER TO VERIFIED COMPLAINT, Plaintiff, WITH CROSS-CLAIMS -against- Index No. 611420/2021 PETSTA LLC, PETCO HEALTH AND WELLNESS COMPANY, INC., and STAPLES INC., Defendants. ---------- ---- -------------------------------X Defendant, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. ("Answering Defendant"), by its attorneys, PILLINGER MILLER TARALLO, LLP, upon information and belief, answers the Verified Complaint of Plaintiff, GLORIA DEL CARMEN CABRERA ("Plaintiff"), as follows: 1. Denies any knowledge or information sufficient to form a belief as to the truth of "1," the allegations contained in the paragraphs of the Verified Complaint herein designated as: "2," "3," "4," "5," "6," "7" "8" and the second paragraph incorrectly designated as paragraph by plaintiff in her Verified Complaint. 2. Denies each and every allegations contained in the Paragraphs of the Verified "8," Complaint herein designated as: the second paragraph iñcorrectly designated as paragraph "9" "10," by plaintiff in her Verified Complaint, the second paragraph incorrectly designated as "10" "11." paragraph by plaintiff in her Verified Complaint and 3. Admits to the allegation contained in the Paragraph of the Verified Complaint "9." herein designated as: PLEASE TAKE NOTICE that Affirmative Defenses are set forth as follows: 1 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 4. That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to Plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, Plaintiff's contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 5. That the liability of this Answering Defendant is limited under the terms of Article Sixteen of the CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 6. To the extent that Plaintiff failed to take reasonable steps to protect Plaintiff from medical costs, healthcare or life care costs or to avail Plaintiff of the resources, service benefits and coverage available to Plaintiff under the Affordable Care Act, then Plaintiff failed to mitigate Plaintiff's damages and cannot recover for such failure. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 7. That this Answering Defendant had no Notice of the alleged dangerous and/or defective condition. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 8. That there exists no proximate causation between any alleged acts or breach of duty by this Answering Defendant and Plaintiff's alleged injuries and/or Causes of Action herein. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 9. That there is no Cause of Action as the claimed defect was open, obvious, not inherently dangerous and/or de minimis. 2 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 10. That although this Answering Defendant specifically 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 (50%) Percent or less of the total liability assigned to all persons or entities liable and, pursuant to §1601 of the Civil Practice Law and Rules, the liability of this Answering Defendant to Plaintiff for the non-economic loss shall not exceed this Answering Defendant's equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: 11. That 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 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 Civil Practice Law and Rules. Accordingly, if any damages are recoverable against this Answering Defendant, the amount of such damages shall be diminished by the amount of funds which Plaintiff has or shall receive from such collateral source. AS AND FOR A NINTH AFFIRMATIVE DEFEN_SE: 12. That this Answering Defendant had no duty to warn Plaintiff against open and obvious condition. AS AND FOR A TENTH AFFIRMATIVE DEFE] E: 13. 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. 3 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE: 14. That the within Verified Complaint fails to state a claim or Cause of Action upon which relief can be granted. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE: 15. That the injuries, losses, damages and occurrences alleged in the Verified 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 DEFER: 16. That the injuries, losses or damages alleged in the Verified 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: 17. 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: 18. That there is no proximate cause between the acts of this Answering Defendant and Plaintiff's alleged injuries. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE: 19. 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. 4 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE: 20. That Plaintiff failed and/or refused to take reasoñãble steps to avoid, minimize and/or mitigate Plaintiff's injuries and/or damages. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE: 21. That the within Verified Complaint fails to meet the pleading requirements as set forth in the CPLR. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE: 22. 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 Verified Complaint. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE: 23. 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 THE FIRST CROSS-CLAIM AGAINST DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., ANSWERING DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC., ALLEGES, UPON INFORMATION AND BELIEF AS FOLLOWS: That, upon information and belief (on the authority of Dole v. Dow Chemical, 30 N.Y.2d 143; Rogers v. Dorchester, 32 N.Y.2d 553; Kelly v. Diesel Construction, 35 N.Y.2d 1), if the Plaintiff sustained the injuries and damages in the manner and at the time and place alleged, and if it is found that this Answering Defendant is liable to the Plaintiff herein, then upon said allegations of the Complaint and upon the pleadings and evidence, said damages were sustained by reason of 5 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 the sole, active, and primary carelessness and/or recklessness and/or negligence and/or affirmative acts of omissions or commission and/or gross negligence and/or in causing or creating the conditions complained of and/or breach of contract, breach of agreement and/or breach of warranty and/or strict liability and/or violation of Codes, Statutes, Rules and/or Regulations by DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., and this Answering Defendant is entitled to complete indemnification, both contractual and common law, and/or to be defended and held harmless from any Judgment over against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., herein, for all or part of any Verdict or Judgment that the Plaintiff may recover against said Answering Defendant, and/or in the event that Judgment over is not recovered on the basis of full indemnification, both contractual and common law, then this Answering Defendant Demands Judgment over and against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., herein on the basis of an apportionment of responsibility for the alleged occurrence for all or part of any Judgment or verdict that the Plaintiff may recover against said Answering Defendant, and that all of the provisions of limitation of liability under the Terms of Article Fourteen and Article Sixteen of the CPLR are pleaded herein by this Cross-Claiming Defendant, together with costs, attorneys' disbursements and reasonable fees. 6 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 AS AND FOR THE SECOND CROSS-CLAIM AGAINST DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., ANSWERING DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC., ALLEGES, UPON INFORMATION AND BELIEF AS FOLLOWS: If it is found that the Answering Defendant is liable to the Plaintiff herein, all of which is denied, said Answering Defendant, on the basis of apportionment of responsibility for the alleged occurrence, is entitled to contribution from and Judgment over and against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., for all or part of any Verdict of Judgment the Plaintiff may recover against the Answering Defendant. AS AND FOR THE THIRD CROSS-CLAIM AGAINST DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., ANSWERING DEFENDANT, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC., ALLEGES, UPON INFORMATION AND BELIEF AS FOLLOWS: If it is found that the Answering Defêñdañt is liable to the Plaintiff herein, all of which is denied, said Answering Defendant, on the basis negligeñce/apportionment of responsibility for the alleged occurrence, this Answering Defendant is entitled to common law indem y and Judgment over and against DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., for all or part of any Verdict of Judgment the Plaintiff may recover against this Answering Defendant.. PLEASE TAKE NOTICE that this Answering Defendant herchy demands, pursuant to CPLR §3011, that DEFENDANTS, PETSTA, LLC AND PETCO HEALTH AND WELLNESS COMPANY, INC., serve an Answer to these Cross-Claims. WHEREFORE, Defendant, OFFICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC., Demmids Judgment dismissing the Verified Complaint of Plaintiff, GLORIA DEL CARMEN CABRERA, against it, together with the costs and disbursements of this Action. 7 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF WESTCHESTER ) JOHN A. RISI, ESQ., 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 partner with of Pininger Miller Tarallo, LLP, and I have read the contents of the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT, WITH CROSS-CLAIMS 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. (X) I make this Verification because Defendant, OFFICE SUPERSTORE EAST, LLC i/s/h/a STAPLES, INC., maintains an office outside of the county where Pillinger Miller Tarallo, LLP maintains its office. (X) I make this Verification because Defendant, OFFICE SUPERSTORE EAST, LLC i/s/h/a STAPLES, INC., is a limited liability company and Pillinger Miller Tarallo, LLP, is its attorney in this Action and my knowledge is based upon all facts and company records available and in my possession. Dated: Elmsford, New York December 10, 2021 J A. RISI, ESQ. 8 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 Dated: Elmsford, New York December 10, 2021 Yours, etc., PILLIN R MILLER TARALLO, LLP By: HN A. RISI, ESQ. A orneys for Defendant FICE SUPERSTORE EAST, LLC, i/s/h/a STAPLES, INC. 5th 555 Taxter Road, FlOOr Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR TO: ROBERT K. YOUNG and ASSOCIATES, P.C. Attorney for Plaintiff GLORIA DEL CARMEN CABRERA 2284 Babylon Turnpike Merrick, New York 11566 (516) 826-8938 AHMUTY, DEMERS and McMANUS, ESQS. Attorney for Defendant PETCO HEALTH AND WELLNESS COMPANY, INC. 199 Water Street 16tl' Floor New York, New York 10038 (212) 513-7788 No Appearance: PETSTA, LLC Defendant 111 East Jericho Turnpike Second Floor Mineola, New York 11501 9 of 10 FILED: NASSAU COUNTY CLERK 12/10/2021 09:58 AM INDEX NO. 611420/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/10/2021 INDEX NO. 611420/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU GLORIA DEL CARMEN CABRERA, PLAINTIFF, -AGAINST- PETSTA, LLC, PETCO HEALTH AND WELLNESS COMPANY, INC. AND STAPLES, INC., DEFENDANTS. VERIFIED ANSWER TO VERIFIED COMPLA_INT. WITH (ROSS CLAIMS PILLINGER MILLER TARALLO, LLP Attorneys Defendant, OFFICE SUPERSTORE EAST, INC. is/h/a STAPLES, INC. 555 Taxter Road, 5th plOOr Elmsfard, New York 10523 (914) 703-6300 D-STPS-00173/JAR CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. 8 130-1. 1a John A. Risi, Esq., hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the fGregGii VERIFIED ANSWER TO VERIFIED COMPLAINT, WITH CROSS CLAIM_S is neither frivolous nor friv lously presented. Dated: Elmsford, New York Decernber 10, 2021 JOHN A. RISI, ESQ. PLEASE TAKE NOT1 O that the within is a true copy of a entered in the office of the clerk ofthe within named Court on O 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 Defendant, OFFICE SUPERSTORE EAST, INC. is/h/a STAPLES, INC, 555 Taxter Road, 5th Floor Elmsford, New York 10523 (914) 703-6300 PMT File No. D-STPS-00173/JAR JAR/amy 10 of 10