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EXHIBIT I
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF FILE
___________________________________________________Ç
JULIE AYALA, Index No.: 521818/2018
Plaintiff,
VERIFIED ANSWER
-against- TO THIRD-PARTY
COMPLAINT WITH
94TH AVENUE JAMAICA, LLC, ARTIMUS COUNTERCLAIM
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC.,
and 94TH AVENUE JAMAICA LI LLC,
Defendants. .
___________________________..__________________Ç
94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC.,
and 94TH AVENUE JAMAICA LI LLC,
Third-Party Plaintiffs,
-against-
A&M PROFESSIONAL SECURITY CONSULTING
CORP.,
Third-Party Defendant.
________________-___________________________________Ç
Third-Party Defendant, A&M PROFESSIONAL SECURITY CONSULTING CORP., by
its LEWIS JOHS AVALLONE the Complaint of the Third-
attorneys, AVILES, LLP, answering
Party Plaintiffs, upon information and belief, respectfully shows to this Court and alleges:
1. Denies any knowledge or information sufficient to form a belief as to each and
"1," "5," "6," "7," "10" "11" third-
every allegation contained in paragraphs numbered and of
plaintiffs'
party complaint.
"2" third-
2. Denies each and every allegation contained in paragraph numbered of
plaintiffs'
party complaint, except admits that on March 26, 2018, A&M PROFESSIONAL
1 nf 71
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SECURITY CONSULTING CORP., (hereinafter "A&M"), was and still is a domestic business
corporation organized and existing under and by virtue of the laws of the State of New York.
"3" third-
3. Denies each and every allegation contained in paragraph numbered of
plaintiffs'
party complaint, except admits that at all times hereinafter mentioned, Third-Party
Defendant A&M, was, and stillis, a domestic business corporation in the State of New York.
"4" third-
4. Denies each and every allegation contained in.paragraph numbered of
plaintiffs'
party complaint, except admits that at all times hereinafter mentioned, Third-Party
Defendant A&M, was, and stillis, a domestic business corporation in the State of New York.
"8" "9"
5. Denies each and every allegation contained in paragraphs numbered and
plaintiffs'
of third-party complaint, and refers all questions of law and fact to this Honorable
Court and the triers of fact at the trialof this action.
"12," "13"
6. Denies each and every allegation contained in paragraphs numbered
"14" plaintiffs'
and of third-party complaint.
ANSWERING A FIRST CAUSE OF ACTION AGAINST A&M PROFESSIONAL
SECURITY CONSULTING CORP. FOR CONTRACTUAL INDEMNIFICATION
"15" plaintiffs'
7. Answering paragraph numbered of third-party complaint,
answering third-party defendant repeats and reiterates each and every denial heretofore made in
plaintiffs'
regard to each and every paragraph of third-party complaint, designated as paragraphs
"1" "14"
through inclusive with the same force and effect as though more fully set forth at length
herein.
"16," "17,"
8. Denies each and every allegation contained in paragraphs numbered
"18," "19" "20" plaintiffs'
and of third-party complaint.
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ANSWERING A SECOND CAUSE OF ACTION AGAINST A&M
PROFESSIONAL SECURITY CONSULTING CORP. FOR COMMON
LAW CONTRIBUTUN/INDEMNIFICATION
"21" plaintiffs'
9. Answering paragraph numbered of third-party complaint,
answering third-party defendant repeats and reiterates each and every denial heretofore made in
plaintiffs'
regard to each and every paragraph of third-party complaint, designated as paragraphs
"1" "20"
through inclusive with the same force and effect as though more fully set forth at length
herein.
"22," "23,"
10. Denies each and every allegation contained in paragraphs numbered
"24," "25," "26," "27," "28," "29" "30" plaintiffs'
and of third-party complaint.
ANSWERING A THIRD CAUSE OF ACTION AGAINST A&M PROFESSIONAL
SECURITY CONSULTING CORP. FOR BREACH OF CONTRACT FOR
FAILURE TO PROCURE INSURANCE
"31" plaintiffs'
11. Answering paragraph numbered of third-party complaint,
answering third-party defendant repeats and reiterates each and every denial heretofore made in
plaintiffs'
regard to each and every paragraph of third-party complaint, designated as paragraphs
"1" "30"
through inclusive with the same force and effect as though more fully set forth at length
herein.
"32," "33,"
12. Denies each and every allegation contained in paragraphs numbered
"34," "35," "36" "37" plaintiffs'
and of third-party complaint.
ANSWERING A FOURTH CAUSE OF ACTION AGAINST A&M
PROFESSIONAL SECURITY CONSULTING CORP. FOR BREACH OF
CONTRACT FOR FAILURE TO INDEMNIFY
"38" plaintiffs'
13. Answering paragraph numbered of third-party complaint,
answering third-party defendant repeats and reiterates each and every denial heretofore made in
plaintiffs'
regard to each and every paragraph of third-party complaint, designated as paragraphs
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"1" "37"
through inclusive with the same force and effect as though more fully set forth at length
herein.
"39," "40,"
14. Denies each and every allegation contained in paragraphs numbered
"41," "42" "43" plaintiffs'
and of third-party complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
15. Ifthe plaintiff has been injured and damaged as alleged in plaintiff's complaint,
upon information and belief, such injuries and damages were caused, in whole or in part, or were
contributed to by reason of the carelessness, negligence or want of care on the part of the
plaintiff and not by any carelessness, negligence or want of care, on the part of the answering
third-party defendant, and if any careless, negligence or want of care other than that of the
plaintiff caused or contributed to said alleged injuries and damages, it was the carelessness,
negligence or want of care on the part of some other party or persons, firm or corporation, , its
agents, servants or employees over whom answering third-party defendant had no control and for
whose carelessness, negligence or want of care answering third-party defendant is not and was
not responsible or liable.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
16. Whatever injuries and/or damages were sustained by the plaintiff at the time and
place alleged in the complaint were in whole or in part the result of plaintiff's own culpable
conduct.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
17. That whatever injuries and/or damages were sustained by the plaintiff at the time
and place alleged in the complaint were the result of the plaintiff's, JULIE AYALA, assumption
of risk, in realizing and knowing the hazards and dangers thereof, and that plaintiff assumed all
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the risks necessarily incidental to such an undertaking.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
plaintiffs'
18. Third-party complaint fails to state a cause of action as against this
answering third-party defendant.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
plaintiffs' third-
19. Third-party complaint fails to state a claim against this answering
party defendant upon which relief can be granted.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
plaintiffs'
20. Third-party claim against this answering third-party defendant is barred
Workers'
by the applicable Rules of Compensation.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
21. If the liability of the answering third-party defendant is found to be fifty (50%)
percent or less of the total liability assigned to all persons liable, the liability of such third-party
defendant to the plaintiff for non-economic loss shall not exceed the 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, pursuant to Article 16 of the C.P.L.R.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
22. If the liability of this answering third-party defendant is found to be fifty percent
or less of the total liability assigned to all persons liable, the liability of such third-party
defendant to the claimant for non-economic loss shall not exceed the 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.
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AS AND FOR A NINTH AFFIRMATIVE DEFENSE
23. Upon information and belief, any past or future costs and/or expenses incurred or
to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation
services, loss of earnings or other economic loss, has been or will with reasonable certainty be
replaced or indemnified in whole or in part from a collateral source as defined in § 4545(a) of the
CPLR.
24. If any damages are recoverable against the answering third-party defendant, the
amount of such damages shall be diminished by the amount of the funds which plaintiff has
received or shall receive from such collateral source.
2
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
25. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit
arising out of the same incident to which the within action pertains, and/or do so inthe future as
against one or more of the defendants herein and/or any other alleged tortfeasor, this answering
third-party defendant asserts its right to any and all set-offs in accordance with General
Obligations Law §15-108.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
26. Plaintiff failed to mitigate damages, if any.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
27. Plaintiff is barred from recovering any damages, restitution or other monetary
relief in connection with the complaint because there is no causal connection between the alleged
wrongdoing on the one hand, and any harm to plaintiff on the other hand. To the extent plaintiff
suffered any alleged damages, losses, or injuries, such damages, losses or injuries were
proximately caused by reasons beyond the control of third-party defendant.
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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
28. That allof the risks and dangers connected with the situation at the time and place
mentioned in the plaintiff's complaint were open, obvious and apparent and were known to and
assumed by plaintiff herein.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
29. This answering third-party defendant is not liable for the actions and/or inactions
of an independent contractor or subcontractor and is not liable herein for any independent
contractor's or subcontractor's negligence, if any. Said negligence would constitute a
superseding act of negligence.
AS AND FOR A COUNTERCLAIM AGAINST THE THIRD-
PARTY PLAINTIFFS, THE ANSWERING THIRD-PARTY
DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
30. That if plaintiff was caused to sustain injuries and/or damages at the time and
place set forth in the plaintiff's complaint, it will be by virtue of the carelessness, recklessness
and negligence of defendants/third-party plaintiffs and not of answering third-party defendant,
and if any judgment is rendered against answering third-party defendant, third-party defendant
will be damaged and entitled to judgment against the defendants/third-party plaintiffs on the
counterclaim in an amount to be determined at the time of trial.
WHEREFORE, answering third-party defendant demands judgment dismissing the
plaintiffs'
defendants/third-party complaint herein, and further demands judgment over and
against the defendants/third-party plaintiffs for the amount of any judgment obtained against
answering third-party defendant on the basis of apportionment of responsibility in such amounts
as a jury or Court may direct, together with the costs and disbursements of this action.
Dated: Islandia, New York
August 19, 2020
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By:
Stephen J. Maloney, Jr.
LEWIS JOHS AVALLONE AVILES, LLP
One CA Plaza - Suite 225
Islandia, New York 11749
T. 631.755.0101
F. 631.755.0117
Email: sjmaloney@lewisjohs.com
LJAA File No.: 0270-1054
Attorneys for Third-Party Defendant
TO:
Brandon Weinstein, Esq.
GALLO VITUCCI KLAR LLP
- 12"'
90 Broad Street Floor
New York, New York 10004
T. 212.683.7100
F. 212.683.5555
Email:
File No.: PRO-2019-23
Attorneys for Defendants/Third-Party Plaintiffs
HALLOCK & MALERBA, P.C.
1955 Deer Park Avenue
Deer Park, New York 11729
T. 631.482.8888
Email: mary@hallockmalerba.com
Attorneys for Plaintiff
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VERIFICATION
STATE OF NEW YORK: )
ss.:
COUNTY OF SUFFOLK: )
STEPHEN J. MALONEY, JR., ESQ., an attorney admitted to practice in the Court of the
State of New York, affirms that the following statements are true under penalties of perjury:
Affirmant is a member of the firm of LEWIS JOHS AVALLONE AVILES, LLP
attorneys of record for the third-party defendant, A&M PROFESSIONAL SECURITY
CONSULTING CORP., in the within action. Affirmant has read the foregoing ANSWER TO
THIRD-PARTY COMPLAINT WITH COUNTERCLAIM, knows the contents thereof, and that
the same is true to affirmant's own knowledge, except as to the matters therein stated to be
alleged upon information and belief, and that those matters affirmant believes to be true. This
verification is made pursuant to CPLR 3020(d)3.
Dated: Islandia, New York
August 19, 2020
Stephen J. Maloney, Jr.
Preview
FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 83 138 RECEIVED NYSCEF: 06/24/2022 10/01/2022 EXHIBIT I FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF FILE ___________________________________________________Ç JULIE AYALA, Index No.: 521818/2018 Plaintiff, VERIFIED ANSWER -against- TO THIRD-PARTY COMPLAINT WITH 94TH AVENUE JAMAICA, LLC, ARTIMUS COUNTERCLAIM CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC., and 94TH AVENUE JAMAICA LI LLC, Defendants. . ___________________________..__________________Ç 94TH AVENUE JAMAICA, LLC, ARTIMUS CONSTRUCTION INC., HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY, INC., and 94TH AVENUE JAMAICA LI LLC, Third-Party Plaintiffs, -against- A&M PROFESSIONAL SECURITY CONSULTING CORP., Third-Party Defendant. ________________-___________________________________Ç Third-Party Defendant, A&M PROFESSIONAL SECURITY CONSULTING CORP., by its LEWIS JOHS AVALLONE the Complaint of the Third- attorneys, AVILES, LLP, answering Party Plaintiffs, upon information and belief, respectfully shows to this Court and alleges: 1. Denies any knowledge or information sufficient to form a belief as to each and "1," "5," "6," "7," "10" "11" third- every allegation contained in paragraphs numbered and of plaintiffs' party complaint. "2" third- 2. Denies each and every allegation contained in paragraph numbered of plaintiffs' party complaint, except admits that on March 26, 2018, A&M PROFESSIONAL 1 nf 71 FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 ...., - -- - -- . ..., NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/202( SECURITY CONSULTING CORP., (hereinafter "A&M"), was and still is a domestic business corporation organized and existing under and by virtue of the laws of the State of New York. "3" third- 3. Denies each and every allegation contained in paragraph numbered of plaintiffs' party complaint, except admits that at all times hereinafter mentioned, Third-Party Defendant A&M, was, and stillis, a domestic business corporation in the State of New York. "4" third- 4. Denies each and every allegation contained in.paragraph numbered of plaintiffs' party complaint, except admits that at all times hereinafter mentioned, Third-Party Defendant A&M, was, and stillis, a domestic business corporation in the State of New York. "8" "9" 5. Denies each and every allegation contained in paragraphs numbered and plaintiffs' of third-party complaint, and refers all questions of law and fact to this Honorable Court and the triers of fact at the trialof this action. "12," "13" 6. Denies each and every allegation contained in paragraphs numbered "14" plaintiffs' and of third-party complaint. ANSWERING A FIRST CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP. FOR CONTRACTUAL INDEMNIFICATION "15" plaintiffs' 7. Answering paragraph numbered of third-party complaint, answering third-party defendant repeats and reiterates each and every denial heretofore made in plaintiffs' regard to each and every paragraph of third-party complaint, designated as paragraphs "1" "14" through inclusive with the same force and effect as though more fully set forth at length herein. "16," "17," 8. Denies each and every allegation contained in paragraphs numbered "18," "19" "20" plaintiffs' and of third-party complaint. FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 ANSWERING A SECOND CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP. FOR COMMON LAW CONTRIBUTUN/INDEMNIFICATION "21" plaintiffs' 9. Answering paragraph numbered of third-party complaint, answering third-party defendant repeats and reiterates each and every denial heretofore made in plaintiffs' regard to each and every paragraph of third-party complaint, designated as paragraphs "1" "20" through inclusive with the same force and effect as though more fully set forth at length herein. "22," "23," 10. Denies each and every allegation contained in paragraphs numbered "24," "25," "26," "27," "28," "29" "30" plaintiffs' and of third-party complaint. ANSWERING A THIRD CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP. FOR BREACH OF CONTRACT FOR FAILURE TO PROCURE INSURANCE "31" plaintiffs' 11. Answering paragraph numbered of third-party complaint, answering third-party defendant repeats and reiterates each and every denial heretofore made in plaintiffs' regard to each and every paragraph of third-party complaint, designated as paragraphs "1" "30" through inclusive with the same force and effect as though more fully set forth at length herein. "32," "33," 12. Denies each and every allegation contained in paragraphs numbered "34," "35," "36" "37" plaintiffs' and of third-party complaint. ANSWERING A FOURTH CAUSE OF ACTION AGAINST A&M PROFESSIONAL SECURITY CONSULTING CORP. FOR BREACH OF CONTRACT FOR FAILURE TO INDEMNIFY "38" plaintiffs' 13. Answering paragraph numbered of third-party complaint, answering third-party defendant repeats and reiterates each and every denial heretofore made in plaintiffs' regard to each and every paragraph of third-party complaint, designated as paragraphs FILED: ....._.- . KINGS ..........-COUNTY ...-... - CLERK ,....-.... 06/24/2022 10/01/2022 - -, ...., - -- - 02:39 02:55 -- . - PM-.., INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 "1" "37" through inclusive with the same force and effect as though more fully set forth at length herein. "39," "40," 14. Denies each and every allegation contained in paragraphs numbered "41," "42" "43" plaintiffs' and of third-party complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 15. Ifthe plaintiff has been injured and damaged as alleged in plaintiff's complaint, upon information and belief, such injuries and damages were caused, in whole or in part, or were contributed to by reason of the carelessness, negligence or want of care on the part of the plaintiff and not by any carelessness, negligence or want of care, on the part of the answering third-party defendant, and if any careless, negligence or want of care other than that of the plaintiff caused or contributed to said alleged injuries and damages, it was the carelessness, negligence or want of care on the part of some other party or persons, firm or corporation, , its agents, servants or employees over whom answering third-party defendant had no control and for whose carelessness, negligence or want of care answering third-party defendant is not and was not responsible or liable. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 16. Whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were in whole or in part the result of plaintiff's own culpable conduct. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 17. That whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were the result of the plaintiff's, JULIE AYALA, assumption of risk, in realizing and knowing the hazards and dangers thereof, and that plaintiff assumed all FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 the risks necessarily incidental to such an undertaking. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE plaintiffs' 18. Third-party complaint fails to state a cause of action as against this answering third-party defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE plaintiffs' third- 19. Third-party complaint fails to state a claim against this answering party defendant upon which relief can be granted. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE plaintiffs' 20. Third-party claim against this answering third-party defendant is barred Workers' by the applicable Rules of Compensation. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 21. If the liability of the answering third-party defendant is found to be fifty (50%) percent or less of the total liability assigned to all persons liable, the liability of such third-party defendant to the plaintiff for non-economic loss shall not exceed the 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, pursuant to Article 16 of the C.P.L.R. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 22. If the liability of this answering third-party defendant is found to be fifty percent or less of the total liability assigned to all persons liable, the liability of such third-party defendant to the claimant for non-economic loss shall not exceed the 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. FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 8344 138 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 AS AND FOR A NINTH AFFIRMATIVE DEFENSE 23. Upon information and belief, any past or future costs and/or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in § 4545(a) of the CPLR. 24. If any damages are recoverable against the answering third-party defendant, the amount of such damages shall be diminished by the amount of the funds which plaintiff has received or shall receive from such collateral source. 2 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 25. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit arising out of the same incident to which the within action pertains, and/or do so inthe future as against one or more of the defendants herein and/or any other alleged tortfeasor, this answering third-party defendant asserts its right to any and all set-offs in accordance with General Obligations Law §15-108. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 26. Plaintiff failed to mitigate damages, if any. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 27. Plaintiff is barred from recovering any damages, restitution or other monetary relief in connection with the complaint because there is no causal connection between the alleged wrongdoing on the one hand, and any harm to plaintiff on the other hand. To the extent plaintiff suffered any alleged damages, losses, or injuries, such damages, losses or injuries were proximately caused by reasons beyond the control of third-party defendant. FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 83 138 44 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 28. That allof the risks and dangers connected with the situation at the time and place mentioned in the plaintiff's complaint were open, obvious and apparent and were known to and assumed by plaintiff herein. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 29. This answering third-party defendant is not liable for the actions and/or inactions of an independent contractor or subcontractor and is not liable herein for any independent contractor's or subcontractor's negligence, if any. Said negligence would constitute a superseding act of negligence. AS AND FOR A COUNTERCLAIM AGAINST THE THIRD- PARTY PLAINTIFFS, THE ANSWERING THIRD-PARTY DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 30. That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth in the plaintiff's complaint, it will be by virtue of the carelessness, recklessness and negligence of defendants/third-party plaintiffs and not of answering third-party defendant, and if any judgment is rendered against answering third-party defendant, third-party defendant will be damaged and entitled to judgment against the defendants/third-party plaintiffs on the counterclaim in an amount to be determined at the time of trial. WHEREFORE, answering third-party defendant demands judgment dismissing the plaintiffs' defendants/third-party complaint herein, and further demands judgment over and against the defendants/third-party plaintiffs for the amount of any judgment obtained against answering third-party defendant on the basis of apportionment of responsibility in such amounts as a jury or Court may direct, together with the costs and disbursements of this action. Dated: Islandia, New York August 19, 2020 FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 44 83 138 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 By: Stephen J. Maloney, Jr. LEWIS JOHS AVALLONE AVILES, LLP One CA Plaza - Suite 225 Islandia, New York 11749 T. 631.755.0101 F. 631.755.0117 Email: sjmaloney@lewisjohs.com LJAA File No.: 0270-1054 Attorneys for Third-Party Defendant TO: Brandon Weinstein, Esq. GALLO VITUCCI KLAR LLP - 12"' 90 Broad Street Floor New York, New York 10004 T. 212.683.7100 F. 212.683.5555 Email: File No.: PRO-2019-23 Attorneys for Defendants/Third-Party Plaintiffs HALLOCK & MALERBA, P.C. 1955 Deer Park Avenue Deer Park, New York 11729 T. 631.482.8888 Email: mary@hallockmalerba.com Attorneys for Plaintiff FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 44 83 138 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 08/19/2020 VERIFICATION STATE OF NEW YORK: ) ss.: COUNTY OF SUFFOLK: ) STEPHEN J. MALONEY, JR., ESQ., an attorney admitted to practice in the Court of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is a member of the firm of LEWIS JOHS AVALLONE AVILES, LLP attorneys of record for the third-party defendant, A&M PROFESSIONAL SECURITY CONSULTING CORP., in the within action. Affirmant has read the foregoing ANSWER TO THIRD-PARTY COMPLAINT WITH COUNTERCLAIM, knows the contents thereof, and that the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters affirmant believes to be true. This verification is made pursuant to CPLR 3020(d)3. Dated: Islandia, New York August 19, 2020 Stephen J. Maloney, Jr.