On July 13, 2022 a
Answer
was filed
involving a dispute between
James Cooper Jr.,
and
Ricky Goodwin,
for Torts - Other (negligence)
in the District Court of Madison County.
Preview
FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022
SUPREME COURT
STATE OF NEW YORK MADISON COUNTY
JAMES COOPER, JR.
Plaintiff,
ANSWER
Index No.: EF2022-1385
-vs-
RICKY GOODWIN,
Defendant.
Defendant, Ricky Goodwin, by and through his attorney, Michel DeBottis, Atttorney At
Law, answering the Complaint of the Plaintiff herein, states:
"3"
1. ADMITS so much of Paragraph of the Complaint as alleges that Defendant
managed, operated, maintained and owned premises in the County of Madison located at 3435
Whitelaw Road, with a zip code of 13032 (the "Premises"); and DENIES the remaining
allegations in said paragraph.
2. DENIES any knowledge or information sufficient to form a belief as to the
"1"
allegations contained in Paragraph of the Complaint, and therefore DENIES said allegations.
3. DENIES each and every allegation contained in paragraphs "2", "4", "5", "6",
"13"
"7", "8", "9", "10", "11", "12", and of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
4. Plaintiff was not injured as the result of the events alleged in the Complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
5. Plaintiff has failed to state a cause of action in his Complaint.
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FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
6. Plaintiff's Complaint is barred by the Statute of Limitations.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
7. Whatever injuries and damages the Plaintiff may have sustained as alleged in the
Complaint herein were caused, in whole or in part by the negligence and other culpable conduct
of the Plaintiff's sister, Casey Cooper, the tenant of the Premises on the date of the events
alleged in the Complaint.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
8. Whatever injuries and damages the Plaintiff may have sustained as alleged in the
Complaint herein were caused, in whole or in part by the culpable conduct of the Plaintiff,
including comparative negligence and assumption of risk by the Plaintiff.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
9. If Plaintiff's alleged economic losses were replaced or indemnified from
collateral sources, then the Defendant is entitled to have the Court consider these pursuant to
CPLR §4545.
WHEREFORE, Defendant Ricky Goodwin, demands judgement dismissing Plainiff's
Complaint, together with the costs and disbursements of this action.
DATED: Oneida, New York /
August 17, 2022 flidifel . e o tis, Esq.
Michel . DeBottis, Attorney At Law
A o y for Defendant Ricky Goodwin
Office and Post Office Address
312 Broad Street
Oneida, New York 13421
Telephone: 315-363-6800
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FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022
TO: Eric P. Smith, Esq.
Nicholas, Perot, Smith Welch & Smith, P.C.
Office and Post Office Address
219 First Street
PO Box 720
Liverpool, New York 13088
Telephone: 315-453-9426
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Document Filed Date
August 17, 2022
Case Filing Date
July 13, 2022
Category
Torts - Other (negligence)
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FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022 SUPREME COURT STATE OF NEW YORK MADISON COUNTY JAMES COOPER, JR. Plaintiff, ANSWER Index No.: EF2022-1385 -vs- RICKY GOODWIN, Defendant. Defendant, Ricky Goodwin, by and through his attorney, Michel DeBottis, Atttorney At Law, answering the Complaint of the Plaintiff herein, states: "3" 1. ADMITS so much of Paragraph of the Complaint as alleges that Defendant managed, operated, maintained and owned premises in the County of Madison located at 3435 Whitelaw Road, with a zip code of 13032 (the "Premises"); and DENIES the remaining allegations in said paragraph. 2. DENIES any knowledge or information sufficient to form a belief as to the "1" allegations contained in Paragraph of the Complaint, and therefore DENIES said allegations. 3. DENIES each and every allegation contained in paragraphs "2", "4", "5", "6", "13" "7", "8", "9", "10", "11", "12", and of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. Plaintiff was not injured as the result of the events alleged in the Complaint. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 5. Plaintiff has failed to state a cause of action in his Complaint. 1 of 3 FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 6. Plaintiff's Complaint is barred by the Statute of Limitations. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 7. Whatever injuries and damages the Plaintiff may have sustained as alleged in the Complaint herein were caused, in whole or in part by the negligence and other culpable conduct of the Plaintiff's sister, Casey Cooper, the tenant of the Premises on the date of the events alleged in the Complaint. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 8. Whatever injuries and damages the Plaintiff may have sustained as alleged in the Complaint herein were caused, in whole or in part by the culpable conduct of the Plaintiff, including comparative negligence and assumption of risk by the Plaintiff. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 9. If Plaintiff's alleged economic losses were replaced or indemnified from collateral sources, then the Defendant is entitled to have the Court consider these pursuant to CPLR §4545. WHEREFORE, Defendant Ricky Goodwin, demands judgement dismissing Plainiff's Complaint, together with the costs and disbursements of this action. DATED: Oneida, New York / August 17, 2022 flidifel . e o tis, Esq. Michel . DeBottis, Attorney At Law A o y for Defendant Ricky Goodwin Office and Post Office Address 312 Broad Street Oneida, New York 13421 Telephone: 315-363-6800 2 of 3 FILED: MADISON COUNTY CLERK 08/17/2022 11:47 PM INDEX NO. EF2022-1385 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/17/2022 TO: Eric P. Smith, Esq. Nicholas, Perot, Smith Welch & Smith, P.C. Office and Post Office Address 219 First Street PO Box 720 Liverpool, New York 13088 Telephone: 315-453-9426 3 of 3