On October 01, 2018 a
Answer
was filed
involving a dispute between
Jahary Canto,
and
Cine Magic East River Studios, Llc,
Java Landing, Llc,
The City Of New York,
for Torts - Other (Slip and Fall)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
JAHARY CANTO, Index No. 519697/2018 (ECF)
Plaintiff,
RESPONSE TO PLAINTIFF’S
v. DEMAND FOR A BILL OF
PARTICULARS AS TO
CINE MAGIC EAST RIVER STUDIOS, LLC and AFFIRMATIVE DEFENSES
JAVA LANDING, LLC AND THE CITY OF NEW
YORK,
Defendants.
x
PLEASE TAKE NOTICE that Defendant, Cine Magic East River Studios, LLC, by its
attorneys, Eustace, Prezioso & Yapchanyk, responds to Plaintiff, Jahary Canto’s Bill of
Particulars dated April 5, 2019, as follows:
1. The plaintiff, Jahary Canto, was guilty of culpable conduct and contributory
negligence in causing and allowing himself to slip and fall; in failing to observe the condition
then and there prevailing; in failing to maintain a proper and safe lookout at all times; in failing
to take measures or precautions calculated to avoid said occurrence; in failing to wear proper
footwear for the conditions then and there prevailing; in failing to see, feel or otherwise sense
what was apparent; in failing to proceed at a safe speed; and in failing to consider all limitations
of his own movements.
2. See response to first affirmative defense.
3. Not applicable.
1 of 3
FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021
4. That recovery, if any, on the injuries sustained from the alleged (trip and fall) of
the plaintiff shall be reduced by the amounts paid or reimbursed by collateral source CPLR §
4545(c).
5. Defendant is not asserting this affirmative defense.
Defendant, Cine Magic East River Studios, LLC, hereby reserves the right to amend
and/or supplement this response up until trial.
DATED: November 23, 2021
New York, New York
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant, Cine Magic East
River Studios, LLC
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
By:
Robert M. Mazzei
2
2 of 3
FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021
Index No. 519697/2018 (ECF)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAHARY CANTO,
Plaintiff,
-against-
CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA LANDING, LLC AND THE CITY
OF NEW YORK,
Defendants.
RESPONSE TO PLAINTIFF’S DEMAND FOR A BILL OF PARTICULARS AS TO
AFFIRMATIVE DEFENSES
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant, Cine Magic East River Studios, LLC
55 Water Street, 28th Floor
New York, New York 10041
(212) 612-4200
3 of 3
Document Filed Date
November 23, 2021
Case Filing Date
October 01, 2018
Category
Torts - Other (Slip and Fall)
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FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x JAHARY CANTO, Index No. 519697/2018 (ECF) Plaintiff, RESPONSE TO PLAINTIFF’S v. DEMAND FOR A BILL OF PARTICULARS AS TO CINE MAGIC EAST RIVER STUDIOS, LLC and AFFIRMATIVE DEFENSES JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. x PLEASE TAKE NOTICE that Defendant, Cine Magic East River Studios, LLC, by its attorneys, Eustace, Prezioso & Yapchanyk, responds to Plaintiff, Jahary Canto’s Bill of Particulars dated April 5, 2019, as follows: 1. The plaintiff, Jahary Canto, was guilty of culpable conduct and contributory negligence in causing and allowing himself to slip and fall; in failing to observe the condition then and there prevailing; in failing to maintain a proper and safe lookout at all times; in failing to take measures or precautions calculated to avoid said occurrence; in failing to wear proper footwear for the conditions then and there prevailing; in failing to see, feel or otherwise sense what was apparent; in failing to proceed at a safe speed; and in failing to consider all limitations of his own movements. 2. See response to first affirmative defense. 3. Not applicable. 1 of 3 FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021 4. That recovery, if any, on the injuries sustained from the alleged (trip and fall) of the plaintiff shall be reduced by the amounts paid or reimbursed by collateral source CPLR § 4545(c). 5. Defendant is not asserting this affirmative defense. Defendant, Cine Magic East River Studios, LLC, hereby reserves the right to amend and/or supplement this response up until trial. DATED: November 23, 2021 New York, New York EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant, Cine Magic East River Studios, LLC 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 By: Robert M. Mazzei 2 2 of 3 FILED: KINGS COUNTY CLERK 11/23/2021 02:42 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 11/23/2021 Index No. 519697/2018 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAHARY CANTO, Plaintiff, -against- CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendants. RESPONSE TO PLAINTIFF’S DEMAND FOR A BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant, Cine Magic East River Studios, LLC 55 Water Street, 28th Floor New York, New York 10041 (212) 612-4200 3 of 3