Preview
FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/03/2019
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FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018
NYSCEF DOC. NO. 25 RECEIVEDINDEX
NYSCEF:
NO.
09/03/2019
704e35/2015
If11ED T QUEENS COUNTY CLERK 07/24/2018 12 : 47 PM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018
B-AMB00569
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------X
JOY JOHNSON-DALTON, INDEX NO.: 704635/2018
Plaintiff
CERTIFICATION
PURSUANT
-against- TO PART 130
CHARLES MAO, SINAII, INC., LOURDY E.
ALEXANDRE and JOSEPH M. ALEXANDRE,
Defendants.
---------------------------------------------------------------------X
The accompanying papers are served/filed/subrnitted pursuant to 22NYCRR Section
130-1.1-a:
X Verified Answer to Complaint with Cross-Claim
X Affirmative Defenses
X Demand for Verified Bill of Particulars
1
X Demand for Medical Reports, Records, Bills and Authorizations
Demand Pursuant to Medicare/Medicaid Statute
X Notice for Discovery and Inspection
X Notice for Discovery and Inspection
1
X 3101(d) Demand for Expert Witness Information
Demand for Collateral Sources
X Demand for Production of Insurance Agreement
X Notice Pursuant to CPLR 2103(E)
X Notice to Take Deposition upon Oral Examination
X Notice for Physical Examination
X Demand for Statement of Damages
X Demand for Production of Cellular/Portable Telephone Records
Dated: Long Island City, New York
July 24, 2018
LAVv OFFICES NA . ISSERLIS
Attorneys for D n ants
CHARLES MA a d
SINA1I, INC.
Office and P.0, Address
43rd
36-01 Avenue
Long Island City, New York 11101
718-361-1514
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B-AMB00569
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------x
JOY JOHNSON-DALTON, INDEX NO.: 704635/2018
Plaintiff, VERIFIED ANSWER TO
COMPLAINT WITH
-against- CROSS-CLAIM.
DEMAND FOR VERIFIED
CHARLES MAO, SINA11, INC., LOURDY E. BILL OF PARTICULARS
ALEXANDRE and JOSEPH M. ALEXANDRE, AND VARIOUS DEMANDS
Defendants.
-...--.-------
----.....----...---......--...----...---...
___----..----
The defendants CHARLES MAO and SINAI I, INC. by their attorneys, LAW
OFFICES OF NANCY L. ISSERLIS, answering the complaint herein, allege upon information
and belief as follows:
1. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs marked 1, 3, 4, 20, 21, second paragraph 21, 22, second
paragraph 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, of the complaint herein.
2; Denies any knowledge or information sufficient to form a belief as to the
allegations contained in the paragraph marked 7, 9, 10, 11, 12, 14, 16, 15 and 17 of the
complaint herein and leaves allquestions of law and factto the court.
3, Paragraphs 27 and 28 was omitted in the complaint.
4. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in the paragraph marked 37 of the complaint herein except admits contact
with another motor vehicle.
5, the allegations contained in the paragraphs marked 38, 41 and 47 of the
Deny
complaint herein insofar as the said paragraphs refer to the defendants, CHARLES MAO and
SINAI I,INC. and denies all allegations pertaining to plaintiff.
6. Deny the allegations contained in the paragraphs marked 39 and 40 of the
complaint herein insofar as the said paragraphs refer to the defendants, CHARLES MAO and
SINA11, INC.
7. Denies each and every allegation set forth in paragraphs marked 42, 43, 44, 45
and 46 of the complaint herein.
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AS FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I,
INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
If the Plaintiff sustained any injuries and/or damages at the time and place alleged in
the complaint, the Plaintiff assumed the risk inherent in the activity in which Plaintiff was then
engaged and further such injuries and/or damages were caused by reason of the culpable
conduct and/or negligence of the Plaintiff without any negligence on the part of the Defendants
contributing thereto.
AS FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINA1 1,
INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
That the said action is barred and precluded by virtue of Article 51, Sections 5101,
5102, 5103 and 5104 of the New York State Insurance Law.
AS FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND
81NAI I,INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
Plaintiff did not use the seat belts provided, and the injuries claimed to have been
sustained were caused by the lack of use of the seat belts, and Plaintiff did not avail herself of
the protective device to mitigate the injuries, and further, by not fastening the available
automobile seat belts, acted unreasonably and disregarded her own best interests and thus
contributed to the happening of the injuries.
AS FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND
SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative 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 the collateral source as defined in Section 4545(c) of
the New York Civil Practice Law and Rules. If any damages are recoverable against the said
answering Defendants, the amount of such damages shall be diminished by the amount of the
fimds which Plaintiff has or shall receive from such collateral source
AS FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTlRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I,
INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
Plaintiff failed to take allreasonable measures to reduce, mitigate and/or minimize the
damages alleged.
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AS FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND
SINAI 1, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF:
Defendants cannot be held liable as Defendants were faced with a sudden emergency
situation, not of their own doing and/or creation, and therefore, not chargeable with negligence
and accordingly, the summons and complaint should be dismissed.
AS FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND
SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF
In the event that any person or entity liableor claimed to be liable for the injury alleged
in this action has been given or may hereafter be given a release or covenant not to sue
answering Defendants will be entitled to protection under New York General Obligations Law
15-108 and the corresponding reduction of any damages that may be determined to be due
against said Defendants
AS FOR A CROSS-COMPLAINT AGAINST THE CO-DEFENDANTS,
LOURDY E. ALEXANDRE AND JOSEPH M. ALEXANDRE THE DEFENDANTS,
CHARLES MAO AND SINAI I, INC., UPON INFORMATION AND BELIEF,
ALLEGE·
That if the Plaintiff sustained damages as alleged in the complaint through any fault
other than her own, then such damages were sustained due to the primary and active and sole
fault of the co-defendants, LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE, and
the fault, if any, of the answering Defendants was secondary and passive only; and ifthe
Plaintiff should obtain and/or recover judgment against the then the co-
answering Defendants,
defendants, LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE, shall be liable over
the answering Defendants for the fullamount of said judgment or for any part thereof obtained
and/or recovered on the basis of apportionment of responsibility for the alleged occurrence as
found by the Court and/or Jury
Further, by reason, of thisaction, the said answering Defendants CHARLES MAO and
SINAI I,INC. have incurred, and will inthe future incur, costs and expenses including counsel
fees.
WHEREFORE, the Defendants, CHARLES MAO and SINAI 1, INC., INC., demand
judgment dismissing plaintiffs complaint or,alternatively, judgment over and against the co
defendants LOURDY E, ALEXANDRE and JOSEPH M. ALEXANDRE , for the full amount
of jud gment obtained and/or recovered against the answering Defendants by the Plaintiff
any
or part of such judgment obtained and/or apportionment of responsibility between the
any
Defendants, together with the costs, disbursements and expenses of this action, including
attorney's fees.
Dated: Long Island City, New York
July 24, 2018
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F1LED : QUEENS COUNTY CLERK
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Yours, etc.
LAW OFFICES OF NANCY L. ISSERLIS
Attorneys for Defendants
CHARLES MAO and
SINAI I,INC.
Office and P.O. Address
43"1
36-01 Avenue
Long Island City, New York 11101
718-361-1514
TO: LAW OFFICES OF BRUCE A. NEWBOROUGH, P.C.
Attorneys for Plaintiff
2329 Nostrand Avenue, Suite 100
Brooklyn, NY 11210
(718) 332-2333
MENDOLIA & STENZ
Attorneys for Defendants
LOURDY E. ALEXANDRE
and JOSEPH M. ALEXANDRE
875 Merrick Avenue
Westbury, NY 11590
(516) 229-4592
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[FILED : QUEENS COUNTY CLERK 07 /24 /2018 12 : 47 PM
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ATTORNEY'S VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of New York State,
hereby affirms as true under all the penalties of perjury that affirrnant is associated with the
firm of LAW OFFICES OF NANCY L. ISSERLIS, the attorneys of record for the Defendants
CHARLES MAO and SINAI 1, INC. in the within action; that affirmant has read the foregoing
ANSWER and knows the contents thereof; thatthe same is trueto affirmant's own knowledge,
except as to the matter therein stated to be alleged upon information and belief, and that as to
those matters affirmant believes them to be true, Affirmant further states thatthe reason this
verification ismade by affirmant and not by Defendants CHARLES MAO and SINAII, INC.,
is because Defendants CHARLES MAO and SINA1 1, INC. reside outside the County of
affirmant's office.
The grounds of affirmant's belief as to all matters not stated upon affirmant's
knowledge are as follows: Investigations and information received by affirmant in the course
of representing Defendants CHARLES MAO and SINAI I,INC.
Dated: Long Island City, New York
July 24, 2018
ÑÀNCY L INS RLIS, ESQ
6 of 29
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STATE OF NEW YORK)
) ss:
COUNTY OF QUEENS
CASSANDRA ARTECA, being duly sworn, deposes and says:
That deponent is not a party to the within action, is over 18 years of age and resides in
Queens, New York.
24d'
That on the day of July 2018, deponent served the within COVER LETTER,
VERIFIED ANSWER, DEMAND FOR VERIFIED BiLL OF PARTICULARS AND
VARIOUS DEMANDS upon the following at their address, their address designated by thern .
as their post office address for that purpose, by depositing true copies of same enclosed in
postpaid, properly addressed envelope, in an official receptacle under the exclusive care and
custody of the United States Post Office Department within the State ofNew York
LAW OFFICES OF BRUCE A. NEWBOROUGH, P.C.
Attorneys for Plaintiff
2329 Nostrand Avenue, Suite 100
Brooklyn, NY 11210
MENDOLTA & STENZ
Attorneys for Defendants
LOURDY E. ALEXANDRE
and JOSEPH M. ALEXANDRE
875 Merrick Avenue
Westbury, NY 11590
Ca1sandra Arteca
Sworn to before me on
24th
this day of July 2018.
NANCY L ISSER1JS
NOT1RY PUB
NQTARY PUBLIC, State of New York .
No. 0118470'/371
QualifiedIn Nassau Courity
GemmMMn hpires 01/A5/2022
I
29 af 29
Preview
FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/03/2019 ! c FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVEDINDEX NYSCEF: NO. 09/03/2019 704e35/2015 If11ED T QUEENS COUNTY CLERK 07/24/2018 12 : 47 PM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018 B-AMB00569 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------X JOY JOHNSON-DALTON, INDEX NO.: 704635/2018 Plaintiff CERTIFICATION PURSUANT -against- TO PART 130 CHARLES MAO, SINAII, INC., LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE, Defendants. ---------------------------------------------------------------------X The accompanying papers are served/filed/subrnitted pursuant to 22NYCRR Section 130-1.1-a: X Verified Answer to Complaint with Cross-Claim X Affirmative Defenses X Demand for Verified Bill of Particulars 1 X Demand for Medical Reports, Records, Bills and Authorizations Demand Pursuant to Medicare/Medicaid Statute X Notice for Discovery and Inspection X Notice for Discovery and Inspection 1 X 3101(d) Demand for Expert Witness Information Demand for Collateral Sources X Demand for Production of Insurance Agreement X Notice Pursuant to CPLR 2103(E) X Notice to Take Deposition upon Oral Examination X Notice for Physical Examination X Demand for Statement of Damages X Demand for Production of Cellular/Portable Telephone Records Dated: Long Island City, New York July 24, 2018 LAVv OFFICES NA . ISSERLIS Attorneys for D n ants CHARLES MA a d SINA1I, INC. Office and P.0, Address 43rd 36-01 Avenue Long Island City, New York 11101 718-361-1514 1 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVEDINb NYSCEF: 09/03/2019 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018 B-AMB00569 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------x JOY JOHNSON-DALTON, INDEX NO.: 704635/2018 Plaintiff, VERIFIED ANSWER TO COMPLAINT WITH -against- CROSS-CLAIM. DEMAND FOR VERIFIED CHARLES MAO, SINA11, INC., LOURDY E. BILL OF PARTICULARS ALEXANDRE and JOSEPH M. ALEXANDRE, AND VARIOUS DEMANDS Defendants. -...--.------- ----.....----...---......--...----...---... ___----..---- The defendants CHARLES MAO and SINAI I, INC. by their attorneys, LAW OFFICES OF NANCY L. ISSERLIS, answering the complaint herein, allege upon information and belief as follows: 1. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs marked 1, 3, 4, 20, 21, second paragraph 21, 22, second paragraph 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, of the complaint herein. 2; Denies any knowledge or information sufficient to form a belief as to the allegations contained in the paragraph marked 7, 9, 10, 11, 12, 14, 16, 15 and 17 of the complaint herein and leaves allquestions of law and factto the court. 3, Paragraphs 27 and 28 was omitted in the complaint. 4. Denies any knowledge or information sufficient to form a belief as to the allegations contained in the paragraph marked 37 of the complaint herein except admits contact with another motor vehicle. 5, the allegations contained in the paragraphs marked 38, 41 and 47 of the Deny complaint herein insofar as the said paragraphs refer to the defendants, CHARLES MAO and SINAI I,INC. and denies all allegations pertaining to plaintiff. 6. Deny the allegations contained in the paragraphs marked 39 and 40 of the complaint herein insofar as the said paragraphs refer to the defendants, CHARLES MAO and SINA11, INC. 7. Denies each and every allegation set forth in paragraphs marked 42, 43, 44, 45 and 46 of the complaint herein. 2 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/03/2019 LEE Ol INDEX NO. 70463572518 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018 AS FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: If the Plaintiff sustained any injuries and/or damages at the time and place alleged in the complaint, the Plaintiff assumed the risk inherent in the activity in which Plaintiff was then engaged and further such injuries and/or damages were caused by reason of the culpable conduct and/or negligence of the Plaintiff without any negligence on the part of the Defendants contributing thereto. AS FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINA1 1, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: That the said action is barred and precluded by virtue of Article 51, Sections 5101, 5102, 5103 and 5104 of the New York State Insurance Law. AS FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND 81NAI I,INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: Plaintiff did not use the seat belts provided, and the injuries claimed to have been sustained were caused by the lack of use of the seat belts, and Plaintiff did not avail herself of the protective device to mitigate the injuries, and further, by not fastening the available automobile seat belts, acted unreasonably and disregarded her own best interests and thus contributed to the happening of the injuries. AS FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative 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 the collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against the said answering Defendants, the amount of such damages shall be diminished by the amount of the fimds which Plaintiff has or shall receive from such collateral source AS FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTlRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: Plaintiff failed to take allreasonable measures to reduce, mitigate and/or minimize the damages alleged. 3 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVEDINDEX NYSCEF: NO. 704 09/03/2019 Ί72018 FILED : QUEEN-S-¯COUNTY CLERK NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018 AS FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI 1, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF: Defendants cannot be held liable as Defendants were faced with a sudden emergency situation, not of their own doing and/or creation, and therefore, not chargeable with negligence and accordingly, the summons and complaint should be dismissed. AS FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS CHARLES MAO AND SINAI I, INC. RESPECTFULLY ALLEGE UPON INFORMATION AND BELIEF In the event that any person or entity liableor claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue answering Defendants will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction of any damages that may be determined to be due against said Defendants AS FOR A CROSS-COMPLAINT AGAINST THE CO-DEFENDANTS, LOURDY E. ALEXANDRE AND JOSEPH M. ALEXANDRE THE DEFENDANTS, CHARLES MAO AND SINAI I, INC., UPON INFORMATION AND BELIEF, ALLEGE· That if the Plaintiff sustained damages as alleged in the complaint through any fault other than her own, then such damages were sustained due to the primary and active and sole fault of the co-defendants, LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE, and the fault, if any, of the answering Defendants was secondary and passive only; and ifthe Plaintiff should obtain and/or recover judgment against the then the co- answering Defendants, defendants, LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE, shall be liable over the answering Defendants for the fullamount of said judgment or for any part thereof obtained and/or recovered on the basis of apportionment of responsibility for the alleged occurrence as found by the Court and/or Jury Further, by reason, of thisaction, the said answering Defendants CHARLES MAO and SINAI I,INC. have incurred, and will inthe future incur, costs and expenses including counsel fees. WHEREFORE, the Defendants, CHARLES MAO and SINAI 1, INC., INC., demand judgment dismissing plaintiffs complaint or,alternatively, judgment over and against the co defendants LOURDY E, ALEXANDRE and JOSEPH M. ALEXANDRE , for the full amount of jud gment obtained and/or recovered against the answering Defendants by the Plaintiff any or part of such judgment obtained and/or apportionment of responsibility between the any Defendants, together with the costs, disbursements and expenses of this action, including attorney's fees. Dated: Long Island City, New York July 24, 2018 4 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVEDTÑÖÊ NYSCEF: Ñ 09/03/2019 57N F1LED : QUEENS COUNTY CLERK NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/24/2018 Yours, etc. LAW OFFICES OF NANCY L. ISSERLIS Attorneys for Defendants CHARLES MAO and SINAI I,INC. Office and P.O. Address 43"1 36-01 Avenue Long Island City, New York 11101 718-361-1514 TO: LAW OFFICES OF BRUCE A. NEWBOROUGH, P.C. Attorneys for Plaintiff 2329 Nostrand Avenue, Suite 100 Brooklyn, NY 11210 (718) 332-2333 MENDOLIA & STENZ Attorneys for Defendants LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE 875 Merrick Avenue Westbury, NY 11590 (516) 229-4592 5 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVEDINDEX NYSCEF: NO, 09/03/2019 35/2018 [FILED : QUEENS COUNTY CLERK 07 /24 /2018 12 : 47 PM NYSCEF DOC. NO. 8 RECEIVED NY5CEF: 07/24/2018 ATTORNEY'S VERIFICATION The undersigned, an attorney admitted to practice in the Courts of New York State, hereby affirms as true under all the penalties of perjury that affirrnant is associated with the firm of LAW OFFICES OF NANCY L. ISSERLIS, the attorneys of record for the Defendants CHARLES MAO and SINAI 1, INC. in the within action; that affirmant has read the foregoing ANSWER and knows the contents thereof; thatthe same is trueto affirmant's own knowledge, except as to the matter therein stated to be alleged upon information and belief, and that as to those matters affirmant believes them to be true, Affirmant further states thatthe reason this verification ismade by affirmant and not by Defendants CHARLES MAO and SINAII, INC., is because Defendants CHARLES MAO and SINA1 1, INC. reside outside the County of affirmant's office. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: Investigations and information received by affirmant in the course of representing Defendants CHARLES MAO and SINAI I,INC. Dated: Long Island City, New York July 24, 2018 ÑÀNCY L INS RLIS, ESQ 6 of 29 FILED: QUEENS COUNTY CLERK 09/03/2019 03:06 PM INDEX NO. 704635/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/03/2019 NYSCEF DOC, NO. 8 RECEIVED NYSCEF: 07/24/2018 STATE OF NEW YORK) ) ss: COUNTY OF QUEENS CASSANDRA ARTECA, being duly sworn, deposes and says: That deponent is not a party to the within action, is over 18 years of age and resides in Queens, New York. 24d' That on the day of July 2018, deponent served the within COVER LETTER, VERIFIED ANSWER, DEMAND FOR VERIFIED BiLL OF PARTICULARS AND VARIOUS DEMANDS upon the following at their address, their address designated by thern . as their post office address for that purpose, by depositing true copies of same enclosed in postpaid, properly addressed envelope, in an official receptacle under the exclusive care and custody of the United States Post Office Department within the State ofNew York LAW OFFICES OF BRUCE A. NEWBOROUGH, P.C. Attorneys for Plaintiff 2329 Nostrand Avenue, Suite 100 Brooklyn, NY 11210 MENDOLTA & STENZ Attorneys for Defendants LOURDY E. ALEXANDRE and JOSEPH M. ALEXANDRE 875 Merrick Avenue Westbury, NY 11590 Ca1sandra Arteca Sworn to before me on 24th this day of July 2018. NANCY L ISSER1JS NOT1RY PUB NQTARY PUBLIC, State of New York . No. 0118470'/371 QualifiedIn Nassau Courity GemmMMn hpires 01/A5/2022 I 29 af 29