Preview
FILED: NEW YORK COUNTY CLERK 02/22/2022 03:27 PM INDEX NO. 154864/2018
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 02/22/2022
Exhibit B
FILED: NEW YORK COUNTY CLERK 06/18/2018
02/22/2022 02:29
03:27 PM INDEX NO. 154864/2018
NYSCEF DOC. NO. 2
30 RECEIVED NYSCEF: 06/18/2018
02/22/2022
OI'
SUPREME COURT OF TIIE STATE OF NEW YORK
COUNTY OF NEW YORK
_________________________________________----------------------------X
CHRISTOPHER HEALY and JOYCE HEALY, Index No.: 154864/18E
Plaintiffs, VERIFIED ANSWER
-against-
CITIGROUP TECHNOLOGY, INC. and
TISHMAN CONSTRUCTION CORPORATION,
Defendants.
---------------------------------------------------------------------X
COUNSELORS:
Defendants, CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION
CORPORATION, by their attorneys, White and McSpedon, P.C., answering the plaintiffs Verified
Complaint, herein upon information and belief:
AS TO THE FIRST CAUSE OF ACTION
1. Deny any knowledge or information sufficient to form a belief as to each and every
allegation contained in the paragraphs of the Complaint numbered "FIRST", "SECOND", "THIRD",
"SEVENTH"
"FOURTH", "FIFTH", "SIXTH", and refer all questions of law to this Honorable Court.
2. Denies upon information and belief as to each and every allegation contained in the
"EIGHTH"
paragraphs of the Complaint numbered and refers all questions of law to this Honorable
Court.
3. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"TWELFTH"
"NINTH", "TENTH", ELEVENTH", and refer all questions of law to this Honorable
Court,
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AS TO THE SECOND CAUSE OF ACTION
4. Answering defendants repeat each and every denial to each and every allegation of the
"THIRTEENTH"
Complaint which is realleged in the paragraph numbered thereof as hereinbefore
denied.
5. Deny any knowledge or information sufficient to form a belief as to each and every
"FOURTEENTH"
allegation contained in the paragraphs of the Complaint numbered and refer all
questions of law to this Honorable Court.
6. Deny each and every allegation contained in the paragraphs of the Complaint numbered
"SIXTEENTH"
"FIFTEENTH", and refer all questions of law to this Honorable Court.
AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE
7. In the event plaintiffs recover a verdict or judgment against this defendant, then said
verdict or judgment must be reduced pursuant to CPLR §4545(c) by those amounts which have been, or
will, with reasonable certainty, replace or indemnify plaintiffs, in whole or in part, for any past or future
claims, economic loss, from any collateral source including but not limited to insurance, Social Security,
Workers'
Compensation or employee benefits program.
AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE
8. That this answering defendant claims that he is not responsible to the plaintiffs herein.
However, to the extent that the trier of the facts finds liability of 50 per cent or less as defined by Article
16 of the CPLR, this answering defendant claims entitlement to the benefits set forth.
AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE
9. That the injuries alleged to have been sustained by the plaintiffs were sustained while
they were involved in an activity into which they had entered, knowing full well the hazard thereof and
the inherent risk incident to such activity, and knowing the methods to be used in the performance of
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such and the dangers thereof, and such risks and dangers were expected and assumed by the
activity
plaintiff upon entering into and continuing such activity.
AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE
10. That the risks and dangers, if any, were open, obvious, notorious and apparent.
AS AND FOR AN FIFTH COMPLETE AFFIRMATIVE DEFENSE
11. That the defendant claims there was a lack of privity between plaintiff and defendant with
respect to all issues in the applicable law to this case.
AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE
12. That defendant demands per CPLR §3017 that plaintiff specify the amount of relief he is
seeking in this action.
AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE
13. That the plaintiffs have failed to mitigate and/or reduce their damages and losses, if any,
as alleged in the Complaint
AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE
14. That the culpable conduct of the plaintiffs brought about the alleged damages and injuries
which plaintiffs claim without any culpable conduct on the part of this defendant, his agents, servants or
employees.
15. That if the Court find after trial that any culpable conduct of this defendant, his agents,
servants or employees contributed to the alleged damages or injuries to the plaintiffs, then and in that
event this defendant prays that the amount of damages which might be recoverable shall be diminished
in the proportion which the culpable conduct attributable to the plaintiffs bears to the culpable conduct
which caused the alleged damages or injuries.
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AS AND FOR AN NINTH COMPLETE AFFIRMATIVE DEFENSE
16. That upon information and belief, the plaintiffs injuries and damages, if any, were caused
by the intervening acts of third parties unrelated to this answering defendant.
AS AND FOR A TENTH, COMPLETE AFFIRMATIVE DEFENSE
17. That this answering defendant did not owe the plaintiff any of the duties alleged in this
lawsuit.
AS AND FOR A ELEVENTH, COMPLETE AFFIRMATIVE DEFENSE
18. That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of
action upon which relief may be granted insofar as this defendant is concerned.
AS AND FOR A TWELFTH, COMPLETE AFFIRMATIVE DEFENSE
19. That the answering defendant was without notice of any of the purported conditions
alleged in this Complaint.
AS AND FOR A THIRTEENTH, COMPLETE AFFIRMATIVE DEFENSE
Workers'
20. That Compensation is the exclusive remedy available to plaintiff.
WHEREFORE, defendants demand judgment dismissing the Complaint and that the Court
apportion responsibility, ifany, among the parties for the amount of any sums paid over and above their
proportionate share of the judgment, together with the costs and disbursements of this action.
Dated: New York, New York
June 18, 2018
Yours, etc.,
WHITE 4 McSPEDON, P.C.
By:
Christoph r J.White, Esq.
875 Avpnue of the Americas, Suite 800
New York, New York 10001
(212) 564-6633
Attorneys for Defendants
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TO:
SACKS & SACKS, LLP
4*
150 Broadway, 4 Floor
New York, NY 10038
212-964-5570
Attorneys for Plaintiff
5536/md
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice law in the Courts of the State of New York,
shows:
That deponent is a member of the firm of White and McSpedon, P.C., attorneys of record for the
defendants, CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION CORPORATION,
in the within action;
That deponent has read the foregoing Answer and knows the contents thereof; that the same is
true to deponent's knowledge, except as to the matters deponent therein stated to be alleged upon
information and belief, and as to those matters deponent believes it to be true. Deponent further says
that the reason this verification is made by deponent and not by defendant is said defendant is outside
the County wherein deponent maintains his offices.
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as
follows: Investigation and Reports.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated: New York, New York
June 18, 2018
CHRISTOPHER J. WHITE
(
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NYSCEF DOC. NO. 2
30 RECEIVED NYSCEF: 06/18/2018
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AFFIDAVIT OF SERVICE BY ELECTRONIC FILING
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
MIRSADA DURAKOVIC, being sworn, deposes and says: I am not a party to the action, am
over 18 years of age and reside in Richmond County, New York and am employed in the office of White
& McSpedon, P.C.
If-
C'J
On the I 5 day of June, 2018, deponent states that service of a true copy of the within
VERIFIED ANSWER was made on the listed addressee attorney(s) on the date indicated below, by
electronically filing same with the Supreme Court of the State ofNew York, New York County.
TO:
SACKS & SACKS, LLP
4th
150 Broadway, FlOOr
New York, NY 10038
212-964-5570
Attorneys for Plaintiff
lffIRSADA DURAKOVIC
Sworn to before me this
day of June, 2018.
C'
I-
I
C'
C„, I ~'
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'I
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Preview
FILED: NEW YORK COUNTY CLERK 02/22/2022 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 02/22/2022 Exhibit B FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 OI' SUPREME COURT OF TIIE STATE OF NEW YORK COUNTY OF NEW YORK _________________________________________----------------------------X CHRISTOPHER HEALY and JOYCE HEALY, Index No.: 154864/18E Plaintiffs, VERIFIED ANSWER -against- CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION CORPORATION, Defendants. ---------------------------------------------------------------------X COUNSELORS: Defendants, CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION CORPORATION, by their attorneys, White and McSpedon, P.C., answering the plaintiffs Verified Complaint, herein upon information and belief: AS TO THE FIRST CAUSE OF ACTION 1. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint numbered "FIRST", "SECOND", "THIRD", "SEVENTH" "FOURTH", "FIFTH", "SIXTH", and refer all questions of law to this Honorable Court. 2. Denies upon information and belief as to each and every allegation contained in the "EIGHTH" paragraphs of the Complaint numbered and refers all questions of law to this Honorable Court. 3. Deny each and every allegation contained in the paragraphs of the Complaint numbered "TWELFTH" "NINTH", "TENTH", ELEVENTH", and refer all questions of law to this Honorable Court, 1 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 AS TO THE SECOND CAUSE OF ACTION 4. Answering defendants repeat each and every denial to each and every allegation of the "THIRTEENTH" Complaint which is realleged in the paragraph numbered thereof as hereinbefore denied. 5. Deny any knowledge or information sufficient to form a belief as to each and every "FOURTEENTH" allegation contained in the paragraphs of the Complaint numbered and refer all questions of law to this Honorable Court. 6. Deny each and every allegation contained in the paragraphs of the Complaint numbered "SIXTEENTH" "FIFTEENTH", and refer all questions of law to this Honorable Court. AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE 7. In the event plaintiffs recover a verdict or judgment against this defendant, then said verdict or judgment must be reduced pursuant to CPLR §4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify plaintiffs, in whole or in part, for any past or future claims, economic loss, from any collateral source including but not limited to insurance, Social Security, Workers' Compensation or employee benefits program. AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE 8. That this answering defendant claims that he is not responsible to the plaintiffs herein. However, to the extent that the trier of the facts finds liability of 50 per cent or less as defined by Article 16 of the CPLR, this answering defendant claims entitlement to the benefits set forth. AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE 9. That the injuries alleged to have been sustained by the plaintiffs were sustained while they were involved in an activity into which they had entered, knowing full well the hazard thereof and the inherent risk incident to such activity, and knowing the methods to be used in the performance of 2 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 such and the dangers thereof, and such risks and dangers were expected and assumed by the activity plaintiff upon entering into and continuing such activity. AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE 10. That the risks and dangers, if any, were open, obvious, notorious and apparent. AS AND FOR AN FIFTH COMPLETE AFFIRMATIVE DEFENSE 11. That the defendant claims there was a lack of privity between plaintiff and defendant with respect to all issues in the applicable law to this case. AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE 12. That defendant demands per CPLR §3017 that plaintiff specify the amount of relief he is seeking in this action. AS AND FOR A SEVENTH COMPLETE AFFIRMATIVE DEFENSE 13. That the plaintiffs have failed to mitigate and/or reduce their damages and losses, if any, as alleged in the Complaint AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE 14. That the culpable conduct of the plaintiffs brought about the alleged damages and injuries which plaintiffs claim without any culpable conduct on the part of this defendant, his agents, servants or employees. 15. That if the Court find after trial that any culpable conduct of this defendant, his agents, servants or employees contributed to the alleged damages or injuries to the plaintiffs, then and in that event this defendant prays that the amount of damages which might be recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiffs bears to the culpable conduct which caused the alleged damages or injuries. 3 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 AS AND FOR AN NINTH COMPLETE AFFIRMATIVE DEFENSE 16. That upon information and belief, the plaintiffs injuries and damages, if any, were caused by the intervening acts of third parties unrelated to this answering defendant. AS AND FOR A TENTH, COMPLETE AFFIRMATIVE DEFENSE 17. That this answering defendant did not owe the plaintiff any of the duties alleged in this lawsuit. AS AND FOR A ELEVENTH, COMPLETE AFFIRMATIVE DEFENSE 18. That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of action upon which relief may be granted insofar as this defendant is concerned. AS AND FOR A TWELFTH, COMPLETE AFFIRMATIVE DEFENSE 19. That the answering defendant was without notice of any of the purported conditions alleged in this Complaint. AS AND FOR A THIRTEENTH, COMPLETE AFFIRMATIVE DEFENSE Workers' 20. That Compensation is the exclusive remedy available to plaintiff. WHEREFORE, defendants demand judgment dismissing the Complaint and that the Court apportion responsibility, ifany, among the parties for the amount of any sums paid over and above their proportionate share of the judgment, together with the costs and disbursements of this action. Dated: New York, New York June 18, 2018 Yours, etc., WHITE 4 McSPEDON, P.C. By: Christoph r J.White, Esq. 875 Avpnue of the Americas, Suite 800 New York, New York 10001 (212) 564-6633 Attorneys for Defendants 4 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 TO: SACKS & SACKS, LLP 4* 150 Broadway, 4 Floor New York, NY 10038 212-964-5570 Attorneys for Plaintiff 5536/md 5 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice law in the Courts of the State of New York, shows: That deponent is a member of the firm of White and McSpedon, P.C., attorneys of record for the defendants, CITIGROUP TECHNOLOGY, INC. and TISHMAN CONSTRUCTION CORPORATION, in the within action; That deponent has read the foregoing Answer and knows the contents thereof; that the same is true to deponent's knowledge, except as to the matters deponent therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. Deponent further says that the reason this verification is made by deponent and not by defendant is said defendant is outside the County wherein deponent maintains his offices. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Investigation and Reports. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York June 18, 2018 CHRISTOPHER J. WHITE ( 6 of 7 FILED: NEW YORK COUNTY CLERK 06/18/2018 02/22/2022 02:29 03:27 PM INDEX NO. 154864/2018 NYSCEF DOC. NO. 2 30 RECEIVED NYSCEF: 06/18/2018 02/22/2022 AFFIDAVIT OF SERVICE BY ELECTRONIC FILING STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) MIRSADA DURAKOVIC, being sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside in Richmond County, New York and am employed in the office of White & McSpedon, P.C. If- C'J On the I 5 day of June, 2018, deponent states that service of a true copy of the within VERIFIED ANSWER was made on the listed addressee attorney(s) on the date indicated below, by electronically filing same with the Supreme Court of the State ofNew York, New York County. TO: SACKS & SACKS, LLP 4th 150 Broadway, FlOOr New York, NY 10038 212-964-5570 Attorneys for Plaintiff lffIRSADA DURAKOVIC Sworn to before me this day of June, 2018. C' I- I C' C„, I ~' 'I, o 'I J 7 of 7