Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
SUPREME COURT OF THE STATE OF NEW YORK 10875-520
COUNTY OF KINGS {ta)
MARIA BABAYAN, Index No.: t7L32/ZOt+
Plaintiff, VERIFIED AI{SWER
-against -
THE CITY OF NEW YORK, VER]ZON NEW
YORK INC., CONSOLIDATED EDISON, INC.
and V.N.A. UTILITY CONTRACTING CO.,
INC. ,
Defendants.
------x
Defendant, VERIZON NEW YORK INC., by its attorneys, CULLEN
AND DYKMAN LLP, hereby responds to the plai-ntiff's Amended
Complaint, upon information and belief, ds fol-lows:
THE PARTTES
1. Denies knowledge or information sufficient to form a
belief as to the allegations contained in paragraphs "1", "2" ,
tt3", "4" , tt5", "6" , \\J't and rr9'/ of the plaintif f ts Amended
Complaint.
2. Admit the allegations contained in paragraph r\8'/ of
plainLiff 's Amended Complaint.
FIRST CAUSE OF ACTION AGA]NST DEFENDATflT
THE CITY OF NEW YORK
3. As and for a response to the allegat.ions contained in
paragraph rr
10 rr of the plaintif f 's Complaint, def endant repeats,
reiterates and real-Ieges each and every response to paragraphs
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
rrlrr through rr9rr above with the same force and effect as if ful1y
set forth herein at length
4. Denies knowledge or information sufficient to form a
belief as to the allegations contained in paragraphs "11", "L2" ,
tt13", "L4", tt15", "L6", "L7", tt18", tt19", "20", "2L", t22", \\23t'
and \\24't of the plaintif f 's Amended Complaint
SECOND CAUSE OF ACTION AGAINST DEFENDAIIT
VERIZON NEW YORK INC.
5. As and for a response to the allegations contained i-n
paragraph u25' of the plaint.iff's Amended Complaint, defendant
repeats, reiterates and realleges each and every response to
paragraphs rrlrr through tt24n above with the same force and effect
as if fuI1y set forth herein at length
6. Denies knowledge or information sufficient to form a
belief as to the allegations contained in paragraphs "26" , "28" ,
"29" , rt30", rr31", "32" , rr33", "34" , r.35,,, ..35,,, ,,37" , ,.38", \\3gz
and *40" of the plaintiff's Verified Amended Complaint.
THIRD CAUSE OF ACTION AGAINST CON ED DEFEIIDAI{T
CONSOLIDATED EDISON, INC
7 As and for a response to the allegations contained in
paragraph tt 47n of the plaint.if f 's Complaint., def endant repeats,
rei-terates and real-leges each and every response to paragraphs
rr
1 rr through rr
40 rr above with t.he same f orce and ef f ect as if
fu1Iy set forth herej-n at length.
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
8. Denies knowledge or information sufficient to form a
belief as to the a1J-egations cont.ained in paragraphs "42" , "43" ,
"44", tt45", "46", "47", "48", "49", rr50", rr51", "52", rr53",
"54", *55" and *56" of the plaintiff's Complaint
FOI'RTH CAUSE OF ACTION AGAINST CON ED DEFEIIDAI{M
V.N.A. UTILITY CO}iITRJACTING CO INC
9. As and for a response to the allegations contained in
paragraph rr
57 rr of the plaintif f 's Complai-nt, def endant repeat.s,
rej-terates and realleges each and every response to paragraphs
rr
l rr through rr
56 tr above with the same f orce and ef f ect as if
ful1y set forth herein at length
10. Denies knowledge or information sufficient to form a
belief as to the allegations contained in paragraphs "58", "59",
1160", 1161", "62" , 1163", "64" , 1165", t',66" , "67" , rr58", t',69" ,
"70" , "7!" , \\72't and \\73tt of the plaintif f rs Complaint.
AS A.I{D FOR A FIRST AFFIRMiA,TIVE DEFENSE
TO PLAINT]FFIS VERIFIED COMPI,AINT, IT IS FI'RTHER
AI,I,EGED UPON INFORI,IATION AI{D BELIEF AS FOLLOWS:
11. That. if the plaintif f sust.ained damages as aIIeged,
which allegations are denied, such damages were caused or
contributed Lo, in whole or in part, by the culpable conduct,
breach of duty and carelessness on the part of the plaintiff
without negligence or faul-t on the part of this pleading
defendant contri-buting thereto, which requires a proportionate
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
diminution in any recovery to which he might otherwise be
entitled.
AS AND FOR A SECOND AFFIR!6ATIVE DEFENSE
TO PIJAINTIFFIS COMPI'AINT, IT IS FURTHER
ALTEGED UPON INFORMATION AIVD BEI,IEF AS FOI.,LOWS:
12. That if the plaintiff sustained damages at the time
and in the manner alleged in the complaint, which allegations
are denied, such damages and injuries were attributabl-e, in
whole or in part, to the culpable conduct of third parties, and
if any damages are recoverable against this defendant, the
amount of such damages shalI be diminished in the proportion
which the culpable conduct attributable to the third parties or
other defendants bear to the culpable conducL which caused t.he
damages herein pursuant to CPLR 51601.
AS A}ID FOR A CROSS-CLAIM AGAINST
THE CITY OF NEW YORK, CONSOLIDATED EDISON, INC. and V.N.A
IITIIJITY COMTR.JACTING CO. , INC.
IT IS FURTHER ALLEGED,
UPON INFOR!4ATION AIVD BELIEF AS FOLLOWS:
13. That if the plaintiff sustained injuries as a11eged,
which allegations are denied, Lhen such injuries were caused or
contributed to, in whole or in part, by the negligence,
carel-essness and breach of duty of co-defendants THE CITY OF NEW
YORK, CONSOLIDATED EDISON, INC. and V.N.A. UTILITY CONTRACTING
CO INC. and defendant VERIZON NEW YORK INC. wilL be ent.it.led
to contribut.ion and/or indemnity from co-defendants THE CITY OF
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
NEW YORK, CONSOLIDATED EDISON, INC. and V.N.A. UTILITY
CONTRACTING CO INC. for all or part of any such verdict and/or
judgment in accordance wit.h their respective degrees of fault.
WHEREFORE, defendant VERIZON NEW YORK INC. demands judgment.
dismissing the Verified Complaint herein, toget.her with the
costs and disbursemenLs of this action including aLtorneys'
fees
Dated: New York, New York
November L6, 20L5
Yours, etc.,
CULLEN AND DYKMAN LLP
By
n M. Walsh, Esq.
Attorneys for Defendant,
VERIZON NEW YORK INC.
44 WaI1 Street
New York, New York 10005
272-732- 2 000
File No. : 10876 -520
TO: SEE ATTACHED RIDER
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
GOIDEL & SIEGEI..,, LLP
By: Andrew B. Siegel, Esq.
Attorneys for Plaintiff
MARIA BABAYAN
56 west 45Eh Street, 3'd Floor
New York, New York 10035
(212) 840-3737
ZACHARY W. CARTER, ESQ.
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
2L2-222-2000
DAVID M. SANTORO, ESQ.
Attorney for Defendant
CONSOLIDATED EDISON, TNC
4 Irvin Place
New York New York 10003
(2t2) 460-33ss
LAW OFFICES OF JAMES R. PIERET & ASSOCIATES
BY: SCOTT L. MATHIAS, ESQ.
Attorney for Third Part.y Defendant
v.N.A. UTTLTTY CONTRACTTNG CO., rNC.,
400 Garden City Plaza, Suite 404
Garden City, New York 11530
516-5L2-5590
File #: 15-022675
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
ATTORNEY' S VERIFICATION
STATE OF NEW YORK )
CG
COUNTY OF NEW YORK)
KEVIN M. WALSH being duly sworn, deposes and states that he
is an attorney at law and is associated with the law firm of
CULLEN AND DYKMAN, attorneys for defendant, VERIZON NEW YORK
INC. herein, that he has read the Verified Answer, knows the
contenLs thereof, and that the same is Lrue t.o his own
knowledge, except as to matters therein stated upon information
and belief, and as to those matters he bel-ieves it to be true;
t.hat the grounds of his belief as to all matters not stated upon
his knowledge are the correspondence and other writings
furnished to him by Defendant and interviews with Defendant and
that the reason why this verification is not made by VERIZON NEW
YORK INC. is that defendant's residence is not in New York
County, the Count.y where your deponent's 1aw f irm ma j-ntains an
office.
KEV]N M. WALSH
Sworn Lo before me this
l$uaay of November, 2015.
""'Tffffi.Ba15til*r*
o"i,-"3ilffi[W;ffiV*/7
Notary 1C
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021
AFFIDAVIT OF SERVICE 70876 - 520
STATE OF NEW YORK )
SS
COUNTY OF NEW YORK)
ESTHER CUMMINGS, being duly sworn, deposes and says that
she I am over the age of 18 years, resi-des in Nassau County,
State of New York, and I am not a party to this action.
rhat on tnu lfauv
,ET,IENO
of November, 2015 I served the within
VER]FIED ANSWER Td ED COMPLAINT upon:
GOIDEL & SIEGEL, LLP DAVID M. SANTORO, ESQ.
Byt Andrew B. Siegel, Esq. Attorney for Defendant
Attorneys for Pl-aintiff CONSOLIDATED EDISON, INC
MARIA BABAYAN
ZACHARY W. CARTER, ESQ LAW OFFICES OF JAMES R. PIERET &
Corporation Counsef ASSOCIATES
Attorney for Defendant BY: SCOTT L. MATHIAS, ESQ.
THE CITY OF NEW YORK AEtorney for Third Party Defendant
V.N.A. UTILITY CONTRACTING CO., INC
by deposit.ing true copies thereof in properly sealed postpaid
wrappers, in a post. office box regularly maintained by Lhe
Government of the United States, addressed as follows:
GOIDEL & SIEGEL, LLP DAVTD M. SANTORO, ESQ.
By: Andrew B. Siegel, Esq. 4 lrving Place
55 West 45th Street, 3rd Ffoor New York New York 10003
New York, New York 10035
ZACHARY W. CARTER, ESQ. LAW OFFICES OF \TAMES R. PIERET &
Corporation Counsef ASSOCIATES
100 Church Street BY: SCOTT L. MATHIAS, ESO.
New York, New York 10007 400 Garden City Plaza, Suite 404
Garden City, New York 11530
516 -512 - 65 90
File #: 15-022575
t.hat being the addresses designat.ed by them for that purpose
upon the latest papers served by t s action.
ESTHER CUMMINGS
Sworn t,o before me this
1f& aav of November, 20L5
-"'^.9ltffiriJffi*'*
*,*.i*:,rrtqWP,JT
otary
Preview
FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 SUPREME COURT OF THE STATE OF NEW YORK 10875-520 COUNTY OF KINGS {ta) MARIA BABAYAN, Index No.: t7L32/ZOt+ Plaintiff, VERIFIED AI{SWER -against - THE CITY OF NEW YORK, VER]ZON NEW YORK INC., CONSOLIDATED EDISON, INC. and V.N.A. UTILITY CONTRACTING CO., INC. , Defendants. ------x Defendant, VERIZON NEW YORK INC., by its attorneys, CULLEN AND DYKMAN LLP, hereby responds to the plai-ntiff's Amended Complaint, upon information and belief, ds fol-lows: THE PARTTES 1. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs "1", "2" , tt3", "4" , tt5", "6" , \\J't and rr9'/ of the plaintif f ts Amended Complaint. 2. Admit the allegations contained in paragraph r\8'/ of plainLiff 's Amended Complaint. FIRST CAUSE OF ACTION AGA]NST DEFENDATflT THE CITY OF NEW YORK 3. As and for a response to the allegat.ions contained in paragraph rr 10 rr of the plaintif f 's Complaint, def endant repeats, reiterates and real-Ieges each and every response to paragraphs FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 rrlrr through rr9rr above with the same force and effect as if ful1y set forth herein at length 4. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs "11", "L2" , tt13", "L4", tt15", "L6", "L7", tt18", tt19", "20", "2L", t22", \\23t' and \\24't of the plaintif f 's Amended Complaint SECOND CAUSE OF ACTION AGAINST DEFENDAIIT VERIZON NEW YORK INC. 5. As and for a response to the allegations contained i-n paragraph u25' of the plaint.iff's Amended Complaint, defendant repeats, reiterates and realleges each and every response to paragraphs rrlrr through tt24n above with the same force and effect as if fuI1y set forth herein at length 6. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs "26" , "28" , "29" , rt30", rr31", "32" , rr33", "34" , r.35,,, ..35,,, ,,37" , ,.38", \\3gz and *40" of the plaintiff's Verified Amended Complaint. THIRD CAUSE OF ACTION AGAINST CON ED DEFEIIDAI{T CONSOLIDATED EDISON, INC 7 As and for a response to the allegations contained in paragraph tt 47n of the plaint.if f 's Complaint., def endant repeats, rei-terates and real-leges each and every response to paragraphs rr 1 rr through rr 40 rr above with t.he same f orce and ef f ect as if fu1Iy set forth herej-n at length. FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 8. Denies knowledge or information sufficient to form a belief as to the a1J-egations cont.ained in paragraphs "42" , "43" , "44", tt45", "46", "47", "48", "49", rr50", rr51", "52", rr53", "54", *55" and *56" of the plaintiff's Complaint FOI'RTH CAUSE OF ACTION AGAINST CON ED DEFEIIDAI{M V.N.A. UTILITY CO}iITRJACTING CO INC 9. As and for a response to the allegations contained in paragraph rr 57 rr of the plaintif f 's Complai-nt, def endant repeat.s, rej-terates and realleges each and every response to paragraphs rr l rr through rr 56 tr above with the same f orce and ef f ect as if ful1y set forth herein at length 10. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs "58", "59", 1160", 1161", "62" , 1163", "64" , 1165", t',66" , "67" , rr58", t',69" , "70" , "7!" , \\72't and \\73tt of the plaintif f rs Complaint. AS A.I{D FOR A FIRST AFFIRMiA,TIVE DEFENSE TO PLAINT]FFIS VERIFIED COMPI,AINT, IT IS FI'RTHER AI,I,EGED UPON INFORI,IATION AI{D BELIEF AS FOLLOWS: 11. That. if the plaintif f sust.ained damages as aIIeged, which allegations are denied, such damages were caused or contributed Lo, in whole or in part, by the culpable conduct, breach of duty and carelessness on the part of the plaintiff without negligence or faul-t on the part of this pleading defendant contri-buting thereto, which requires a proportionate FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 diminution in any recovery to which he might otherwise be entitled. AS AND FOR A SECOND AFFIR!6ATIVE DEFENSE TO PIJAINTIFFIS COMPI'AINT, IT IS FURTHER ALTEGED UPON INFORMATION AIVD BEI,IEF AS FOI.,LOWS: 12. That if the plaintiff sustained damages at the time and in the manner alleged in the complaint, which allegations are denied, such damages and injuries were attributabl-e, in whole or in part, to the culpable conduct of third parties, and if any damages are recoverable against this defendant, the amount of such damages shalI be diminished in the proportion which the culpable conduct attributable to the third parties or other defendants bear to the culpable conducL which caused t.he damages herein pursuant to CPLR 51601. AS A}ID FOR A CROSS-CLAIM AGAINST THE CITY OF NEW YORK, CONSOLIDATED EDISON, INC. and V.N.A IITIIJITY COMTR.JACTING CO. , INC. IT IS FURTHER ALLEGED, UPON INFOR!4ATION AIVD BELIEF AS FOLLOWS: 13. That if the plaintiff sustained injuries as a11eged, which allegations are denied, Lhen such injuries were caused or contributed to, in whole or in part, by the negligence, carel-essness and breach of duty of co-defendants THE CITY OF NEW YORK, CONSOLIDATED EDISON, INC. and V.N.A. UTILITY CONTRACTING CO INC. and defendant VERIZON NEW YORK INC. wilL be ent.it.led to contribut.ion and/or indemnity from co-defendants THE CITY OF FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 NEW YORK, CONSOLIDATED EDISON, INC. and V.N.A. UTILITY CONTRACTING CO INC. for all or part of any such verdict and/or judgment in accordance wit.h their respective degrees of fault. WHEREFORE, defendant VERIZON NEW YORK INC. demands judgment. dismissing the Verified Complaint herein, toget.her with the costs and disbursemenLs of this action including aLtorneys' fees Dated: New York, New York November L6, 20L5 Yours, etc., CULLEN AND DYKMAN LLP By n M. Walsh, Esq. Attorneys for Defendant, VERIZON NEW YORK INC. 44 WaI1 Street New York, New York 10005 272-732- 2 000 File No. : 10876 -520 TO: SEE ATTACHED RIDER FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 GOIDEL & SIEGEI..,, LLP By: Andrew B. Siegel, Esq. Attorneys for Plaintiff MARIA BABAYAN 56 west 45Eh Street, 3'd Floor New York, New York 10035 (212) 840-3737 ZACHARY W. CARTER, ESQ. Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 2L2-222-2000 DAVID M. SANTORO, ESQ. Attorney for Defendant CONSOLIDATED EDISON, TNC 4 Irvin Place New York New York 10003 (2t2) 460-33ss LAW OFFICES OF JAMES R. PIERET & ASSOCIATES BY: SCOTT L. MATHIAS, ESQ. Attorney for Third Part.y Defendant v.N.A. UTTLTTY CONTRACTTNG CO., rNC., 400 Garden City Plaza, Suite 404 Garden City, New York 11530 516-5L2-5590 File #: 15-022675 FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 ATTORNEY' S VERIFICATION STATE OF NEW YORK ) CG COUNTY OF NEW YORK) KEVIN M. WALSH being duly sworn, deposes and states that he is an attorney at law and is associated with the law firm of CULLEN AND DYKMAN, attorneys for defendant, VERIZON NEW YORK INC. herein, that he has read the Verified Answer, knows the contenLs thereof, and that the same is Lrue t.o his own knowledge, except as to matters therein stated upon information and belief, and as to those matters he bel-ieves it to be true; t.hat the grounds of his belief as to all matters not stated upon his knowledge are the correspondence and other writings furnished to him by Defendant and interviews with Defendant and that the reason why this verification is not made by VERIZON NEW YORK INC. is that defendant's residence is not in New York County, the Count.y where your deponent's 1aw f irm ma j-ntains an office. KEV]N M. WALSH Sworn Lo before me this l$uaay of November, 2015. ""'Tffffi.Ba15til*r* o"i,-"3ilffi[W;ffiV*/7 Notary 1C FILED: KINGS COUNTY CLERK 05/19/2021 07:03 PM INDEX NO. 17132/2014 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/19/2021 AFFIDAVIT OF SERVICE 70876 - 520 STATE OF NEW YORK ) SS COUNTY OF NEW YORK) ESTHER CUMMINGS, being duly sworn, deposes and says that she I am over the age of 18 years, resi-des in Nassau County, State of New York, and I am not a party to this action. rhat on tnu lfauv ,ET,IENO of November, 2015 I served the within VER]FIED ANSWER Td ED COMPLAINT upon: GOIDEL & SIEGEL, LLP DAVID M. SANTORO, ESQ. Byt Andrew B. Siegel, Esq. Attorney for Defendant Attorneys for Pl-aintiff CONSOLIDATED EDISON, INC MARIA BABAYAN ZACHARY W. CARTER, ESQ LAW OFFICES OF JAMES R. PIERET & Corporation Counsef ASSOCIATES Attorney for Defendant BY: SCOTT L. MATHIAS, ESQ. THE CITY OF NEW YORK AEtorney for Third Party Defendant V.N.A. UTILITY CONTRACTING CO., INC by deposit.ing true copies thereof in properly sealed postpaid wrappers, in a post. office box regularly maintained by Lhe Government of the United States, addressed as follows: GOIDEL & SIEGEL, LLP DAVTD M. SANTORO, ESQ. By: Andrew B. Siegel, Esq. 4 lrving Place 55 West 45th Street, 3rd Ffoor New York New York 10003 New York, New York 10035 ZACHARY W. CARTER, ESQ. LAW OFFICES OF \TAMES R. PIERET & Corporation Counsef ASSOCIATES 100 Church Street BY: SCOTT L. MATHIAS, ESO. New York, New York 10007 400 Garden City Plaza, Suite 404 Garden City, New York 11530 516 -512 - 65 90 File #: 15-022575 t.hat being the addresses designat.ed by them for that purpose upon the latest papers served by t s action. ESTHER CUMMINGS Sworn t,o before me this 1f& aav of November, 20L5 -"'^.9ltffiriJffi*'* *,*.i*:,rrtqWP,JT otary