Preview
FILED: KINGS COUNTY CLERK 09/19/2022 04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 09/19/2022
EXHIBIT B
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
JULIE AYALA, Index No.: 521818/2018
Plaintiff, VERIFIED ANSWER
TO AMENDED
- against - VERIFIED COMPLAINT
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING
DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defendants.
----------- -x
Defend--ts 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP
JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH
AVENUE JAMAICA LI LLC, by and through their attorneys, GALLO VITUCCI KLAR LLP,
answering the Amended Verified Complaint of Plaintiff, respectfully state and allege upon
information and belief as follows:
1. Deny any knowledge or information sufficient to form a belief as to the allegations
"70" "71"
==+ainad in paragraphs "1", "66", "67", and of the Amended Verified Complaint.
2. Deny each and every allegation contained in paragraphs "4", "5", "6", "7", "8",
"9", "10", "11", "12", "13", "14", "15", "16", "17", "20", "21", "22", "23", "24", "25", "26",
"27", "28", "29", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44",
"45", "46", "47", "48", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61",
"79" "80"
"62", "63", "64", "65", "68", "69", "72", "73", "74", "75", "76", "77", "78", and of the
Amended Verified Complaint.
1 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
"81"
3. In response to Paragraph of the Amended Verified Complaint, Defendants
repeat and reiterate each and every denial hereinbefore made with the same force and effect as
"1" "80"
though the same were set forth at length in answer to paragraphs through of the Amended
Verified Complaint.
4. Deny each and every allegation contained in paragraphs "82", "83", "84", "85",
"91" "92"
"86", "87", "88", "89", "90", and of the Amended Verified Complaint.
AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF
PURSUANT TO NEW YORK STATE LABOR LAW SECTION 200
"93"
5. In response to Paragraph of the Amended Verified Complaint, Deferd=-ts
repeat and reiterate each and every denial hereiñbefore made with the same force and effect as
"1" "92"
though the same were set forth at length in answer to paragraphs through of the Amended
Verified Complaint.
"95" "96"
6. Deny each and every allegation contained in paragraphs "94", and of the
Amended Verified Complaint.
ALAND FOR A FIRST AFFIRMATIVE DEFENSE
7. That any damages sustained by the Plaintiff as alleged in the Amended Verified
Complaiñt herein were caused in whole or in part by the contributory negligence and/or culpable
ceñduct of Plaintiff and not as a result of any contributory negligence and/or culpable conduct on
the part of the answering Defendants.
A_S AND FOR A SECO__ND AFFIRMATIVE DEFENSE
8. That by entering into the activity in which the Plaintiff was engaged at the time of
the occurrence set forth in the Amended Verified Complaint, said Plaintiff knew the hazards
2 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
thereof and the inherent risks incident thereto and had full knowledge of the dangers thereof; that
whatever injuries and damages were sustained the Plaintiff herein as alleged in the Amended
by
Verified Complaint arose from and were caused by reason of such risks volüñtarily undertaken by
the Plaintiff in her activities and such risks were assumed and accapted by her in performing and
engaging in said activities.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. Pursuant to CPLR 4545(c), if it be determined or established that Plaintiff has
received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
care or rehabilitation services, loss of earnings or other econamic loss, and that the same shall be
replaced or indemnified, in whole or in part from any collateral source such as insurance (except
for lifeiñsurañce), social security (except for those benefits provided under title XVIII of the Social
workers'
Security ACT), compansation or employee benefit programs (except such collateral
source entitled by law to liens against any recovery of the Plaintiff), then and in that event
answering Defeñdants hereby plead in mitigation of damages the assessment of any such cost or
expense as a collateral source in reduction of the amount of the award by such replacement or
indamnification, minus an ==en.nt equal to the premiums paid by the Plaintiff for such benefits for
the two year period immediately praceding the accrual of this action and minus an amount equal
to the projected future cost to the Plaintiff of mëntaining such benefits and as otherwise provided
in CPLR 4545(c).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
10. Answering Defa=±=ts are entitled to limitedon of liability pursuant to Article 16
of the CPLR.
3 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
11. The Amended Verified Coimplaiñt fail to state a cause of action, cognizable in
equity or law agairst these answering Defendants and must therefore be dismissed.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
12. That the action against the answering Defcñdants cannot be prosecuted due to the
PlaintifF s failure to name and likewise prosecute an indispasable party to this litigation.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
13. The place of trial for this action is stated for an improper county pursuant to CPLR
505(b).
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
14. Any alleged defective condidon was open and obvious and therefore should have
been avoided Plaintiff
by
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
15. The Plaintiff failed to allege specific provisions of the relevant statutes, rules and/or
regulations sufficient to sustain a claim over Section 240(1) of the Labor Law of the State of New
York.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
16. The Plaintiff failed to allege specific provisions of the relevant statutes, rules and/or
regulations sufficient to sustain a claim over Seedon 241(6) of the Labor Law of the State of New
York.
4 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
17. The Plaintiff failed to allege specific provisi0ñs ofthe relevant statutes, rules and/or
regulations sufficient to sustsiñ a claim over Section 200 of the Labor Law of the State of New
York.
WHEREFORE, DefenAnts 94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND
COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC demand jude,-nent dismissing the
attomeys'
Amended Verified Complaint, together with fees, costs and disbursements of this action.
Dated: New York, New York
May 16, 2019
Yours etc.,
GALLO VITUCCI KLAR LLP
By: Brandon Weinstein, Esq.
Attorneys for Defendants
94TH Avenue Jamaica, LLC,
Artimus Construction Inc.,
HP Jamaica 94TH Avenue Housing Development
Fund Company, Inc.
and 94TH Avenue Jamaica LI LLC
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
Fax: (212) 683-5555
File No.: PRO-2019-23
TO:
HALLOCK & MALERBA, P.C.
Attorney for Plaintif
Julie Ayala
1955 Deer Park Avenue
Deer Park, New York 11729
(631) 482-8888
5 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned affirms the following statement to be true under penalties of perjury
pursuant to Rule 2106 of the Civil Practice Law and Rules.
That he is an associate of the firm of GALLO VITUCCI KLAR LLP, attorneys for
Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP
JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH
AVENUE JAMAICA LI LLC.
That he has read the foregoiñg answer to Amended Verified Complaint and knows the
contents thereof, and, that the same is true to the knowledge of the undersigned based upon the file
maintained by my office, except as to those matters therein alleged on information and belief, and
that as to those matters he believes them to be true.
That the reason this Verification is made the undersigned and not the Dafandanta
why by by
is that said party's office is outside the county in which the undersigned ssi-tsins his office.
That the source of the undersigned's information and the grounds of his belief as to all
matters therein alleged upon information and belief is reports from and ecr-r±ations had with
said party.
Dated: New York, New York
May 16, 2019
RANDON WEINSTEIN
6 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned being duly sworn, deposes and says that she is not a party to this action,
is over the age of 18 years and resides in the County of Kings, and that on the 16th day of May,
2019, she served the within VERIFIED ANSWER TO AMENDED VERIFIED COMPLAINT upon:
HALLOCK & MALERBA, P.C.
Attorney for Plaintif
Julie Ayala
1955 Deer Park Avenue
Deer Park, New York 11729
(631) 482-8888
those the addresses designated said attorneys for that b epa n true
being by purpose, copy
of same enclosed in a post-paid properly addressed wrapper in an o ial si ry under the
exclusive care and custody of the United States Post Office Dep ent -by ew York State
Courts Electronic Filing (NYSCEF) System.
1 ud e Garraud
Sworn to fore me
16th day f May,
Notary Public
Jasmin Carta
Notary Public, State ew York
Registration # 01CA6318785
Qualifted inBronx County
Commission Expires Feb. 2, 2023
7 of 34
FILED: KINGS COUNTY CLERK 05/16/2019
09/19/2022 03:13
04:30 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 25
109 RECEIVED NYSCEF: 05/16/2019
09/19/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 521818/2018
JULIE AYALA,
Plaintiff,
- against -
94TH AVENUE JAMAICA, LLC,
ARTIMUS CONSTRUCTION INC.,
HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC.
and 94TH AVENUE JAMAICA LI LLC,
Defenda_nts.
VERIFIED ANSWER TO AMENDED VERIFIED COMPLAINT
GALLO VITUCCI KLAR LLP
Attorneys for Defendants
94TH Avenue Jamaica, LLC, Artimus Construction Inc.,
HP Jamaica 94TH Avenue Housing Development Fund Company, Inc.
and 94TH Avenue Jamaica LI LLC
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
Fax: (212) 683-5555
File No.: PRO-2019-23
8 of 34
Preview
FILED: KINGS COUNTY CLERK 09/19/2022 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 09/19/2022 EXHIBIT B FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x JULIE AYALA, Index No.: 521818/2018 Plaintiff, VERIFIED ANSWER TO AMENDED - against - VERIFIED COMPLAINT 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defendants. ----------- -x Defend--ts 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, by and through their attorneys, GALLO VITUCCI KLAR LLP, answering the Amended Verified Complaint of Plaintiff, respectfully state and allege upon information and belief as follows: 1. Deny any knowledge or information sufficient to form a belief as to the allegations "70" "71" ==+ainad in paragraphs "1", "66", "67", and of the Amended Verified Complaint. 2. Deny each and every allegation contained in paragraphs "4", "5", "6", "7", "8", "9", "10", "11", "12", "13", "14", "15", "16", "17", "20", "21", "22", "23", "24", "25", "26", "27", "28", "29", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "79" "80" "62", "63", "64", "65", "68", "69", "72", "73", "74", "75", "76", "77", "78", and of the Amended Verified Complaint. 1 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF "81" 3. In response to Paragraph of the Amended Verified Complaint, Defendants repeat and reiterate each and every denial hereinbefore made with the same force and effect as "1" "80" though the same were set forth at length in answer to paragraphs through of the Amended Verified Complaint. 4. Deny each and every allegation contained in paragraphs "82", "83", "84", "85", "91" "92" "86", "87", "88", "89", "90", and of the Amended Verified Complaint. AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION ON BEHALF OF PLAINTIFF PURSUANT TO NEW YORK STATE LABOR LAW SECTION 200 "93" 5. In response to Paragraph of the Amended Verified Complaint, Deferd=-ts repeat and reiterate each and every denial hereiñbefore made with the same force and effect as "1" "92" though the same were set forth at length in answer to paragraphs through of the Amended Verified Complaint. "95" "96" 6. Deny each and every allegation contained in paragraphs "94", and of the Amended Verified Complaint. ALAND FOR A FIRST AFFIRMATIVE DEFENSE 7. That any damages sustained by the Plaintiff as alleged in the Amended Verified Complaiñt herein were caused in whole or in part by the contributory negligence and/or culpable ceñduct of Plaintiff and not as a result of any contributory negligence and/or culpable conduct on the part of the answering Defendants. A_S AND FOR A SECO__ND AFFIRMATIVE DEFENSE 8. That by entering into the activity in which the Plaintiff was engaged at the time of the occurrence set forth in the Amended Verified Complaint, said Plaintiff knew the hazards 2 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 thereof and the inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained the Plaintiff herein as alleged in the Amended by Verified Complaint arose from and were caused by reason of such risks volüñtarily undertaken by the Plaintiff in her activities and such risks were assumed and accapted by her in performing and engaging in said activities. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. Pursuant to CPLR 4545(c), if it be determined or established that Plaintiff has received or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other econamic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for lifeiñsurañce), social security (except for those benefits provided under title XVIII of the Social workers' Security ACT), compansation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the Plaintiff), then and in that event answering Defeñdants hereby plead in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the amount of the award by such replacement or indamnification, minus an ==en.nt equal to the premiums paid by the Plaintiff for such benefits for the two year period immediately praceding the accrual of this action and minus an amount equal to the projected future cost to the Plaintiff of mëntaining such benefits and as otherwise provided in CPLR 4545(c). AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 10. Answering Defa=±=ts are entitled to limitedon of liability pursuant to Article 16 of the CPLR. 3 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 11. The Amended Verified Coimplaiñt fail to state a cause of action, cognizable in equity or law agairst these answering Defendants and must therefore be dismissed. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 12. That the action against the answering Defcñdants cannot be prosecuted due to the PlaintifF s failure to name and likewise prosecute an indispasable party to this litigation. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 13. The place of trial for this action is stated for an improper county pursuant to CPLR 505(b). AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 14. Any alleged defective condidon was open and obvious and therefore should have been avoided Plaintiff by AS AND FOR A NINTH AFFIRMATIVE DEFENSE 15. The Plaintiff failed to allege specific provisions of the relevant statutes, rules and/or regulations sufficient to sustain a claim over Section 240(1) of the Labor Law of the State of New York. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 16. The Plaintiff failed to allege specific provisions of the relevant statutes, rules and/or regulations sufficient to sustain a claim over Seedon 241(6) of the Labor Law of the State of New York. 4 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 17. The Plaintiff failed to allege specific provisi0ñs ofthe relevant statutes, rules and/or regulations sufficient to sustsiñ a claim over Section 200 of the Labor Law of the State of New York. WHEREFORE, DefenAnts 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC demand jude,-nent dismissing the attomeys' Amended Verified Complaint, together with fees, costs and disbursements of this action. Dated: New York, New York May 16, 2019 Yours etc., GALLO VITUCCI KLAR LLP By: Brandon Weinstein, Esq. Attorneys for Defendants 94TH Avenue Jamaica, LLC, Artimus Construction Inc., HP Jamaica 94TH Avenue Housing Development Fund Company, Inc. and 94TH Avenue Jamaica LI LLC 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 Fax: (212) 683-5555 File No.: PRO-2019-23 TO: HALLOCK & MALERBA, P.C. Attorney for Plaintif Julie Ayala 1955 Deer Park Avenue Deer Park, New York 11729 (631) 482-8888 5 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned affirms the following statement to be true under penalties of perjury pursuant to Rule 2106 of the Civil Practice Law and Rules. That he is an associate of the firm of GALLO VITUCCI KLAR LLP, attorneys for Defendants, 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC. That he has read the foregoiñg answer to Amended Verified Complaint and knows the contents thereof, and, that the same is true to the knowledge of the undersigned based upon the file maintained by my office, except as to those matters therein alleged on information and belief, and that as to those matters he believes them to be true. That the reason this Verification is made the undersigned and not the Dafandanta why by by is that said party's office is outside the county in which the undersigned ssi-tsins his office. That the source of the undersigned's information and the grounds of his belief as to all matters therein alleged upon information and belief is reports from and ecr-r±ations had with said party. Dated: New York, New York May 16, 2019 RANDON WEINSTEIN 6 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned being duly sworn, deposes and says that she is not a party to this action, is over the age of 18 years and resides in the County of Kings, and that on the 16th day of May, 2019, she served the within VERIFIED ANSWER TO AMENDED VERIFIED COMPLAINT upon: HALLOCK & MALERBA, P.C. Attorney for Plaintif Julie Ayala 1955 Deer Park Avenue Deer Park, New York 11729 (631) 482-8888 those the addresses designated said attorneys for that b epa n true being by purpose, copy of same enclosed in a post-paid properly addressed wrapper in an o ial si ry under the exclusive care and custody of the United States Post Office Dep ent -by ew York State Courts Electronic Filing (NYSCEF) System. 1 ud e Garraud Sworn to fore me 16th day f May, Notary Public Jasmin Carta Notary Public, State ew York Registration # 01CA6318785 Qualifted inBronx County Commission Expires Feb. 2, 2023 7 of 34 FILED: KINGS COUNTY CLERK 05/16/2019 09/19/2022 03:13 04:30 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 25 109 RECEIVED NYSCEF: 05/16/2019 09/19/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 521818/2018 JULIE AYALA, Plaintiff, - against - 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC. and 94TH AVENUE JAMAICA LI LLC, Defenda_nts. VERIFIED ANSWER TO AMENDED VERIFIED COMPLAINT GALLO VITUCCI KLAR LLP Attorneys for Defendants 94TH Avenue Jamaica, LLC, Artimus Construction Inc., HP Jamaica 94TH Avenue Housing Development Fund Company, Inc. and 94TH Avenue Jamaica LI LLC 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 Fax: (212) 683-5555 File No.: PRO-2019-23 8 of 34