Preview
FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018
FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 504273/17
-----------------------------------------------------------------------x
ROBERT ZABORSKI,
Plaintiffs,
VERIFIED ANSWER
TO VERIFIED COMPLAINT
-against-
MB LORIMER LLC AND CORNERSTONE
BUILDERS NY LLC,
Defendants.
----------------------------------------------------------------------x
The Defendant CORNERSTONE STREET OWNER, LLC (also referred to herein as "this
answering defendant"), by its attorneys, McMAHON, MARTINE & GALLAGHER, LLP, as and
for itsVerified Answer to the plaintiff's Verified Complaint, respectfully alleges as follows upon
information and belief:
ANSWERING THE FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
c41>0
"1".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cd'tl
"2".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc309
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc47'7
"4".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
CC>95'J9
""5".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc670
"6".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc797
"7".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc8>s
"8".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
cd%>
"9".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
0'7'7
"10".
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
l'1
"11".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc]29>
"12".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
317
"13".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
4ll
"14".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
5t'7
"15".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc 60>
"16".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
70>
"17".
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
8cc
"18".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
9'pc
"19".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc2pcc
"20".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
O'J
"21".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc22'77
"22".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc237t
"23".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc2407
"24".
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc25'J0
"25".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
cc2+0
"26".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "27".
Admits the allegations of the plaintiff's Verified Complaint contained in the subdivision
thereof designated: "28".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "29".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "30".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "31".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "32".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "33".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "34".
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Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "35".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "36".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "37".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "38".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "39".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"40", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"41", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"42", leaving all questions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "43".
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"44", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"45", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"46", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"47", leaving all questions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"48", leaving allquestions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"49", leaving allquestions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"50", leaving allquestions of law and ultimate fact to the trial of this action.
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Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"51", leaving allquestions of law and ultimate fact to the trial of this action.
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"52", leaving allquestions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "53".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "54".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "55".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "56".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "57".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "58".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "59".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "60".
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ANSWERING THE SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS
"1" "60"
Repeats and reiterates each and every defense designated to herein with the
same force and effect as though the same were herein fully set forth at length.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "62".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"63", leaving allquestions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "64".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "65".
ANSWERING THE THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS
"1" "65"
Repeats and reiterates each and every defense designated to herein with the
same force and effect as though the same were herein fully set forth at length.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "67".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"68", leaving all questions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "69".
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Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "70".
ANSWERING THE FOURTH CAUSE OF ACTION AGAINST THE DEFENDANTS
"1" "70"
Repeats and reiterates each and every defense designated to herein with the
same force and effect as though the same were herein fully set forth at length.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "72".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"73", leaving allquestions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "74".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "75".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof designated: "76".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
That the plaintiff was guilty of culpable conduct, including contributory negligence and
assumption of the risk, which said conduct bars plaintiff's right of recovery or diminishes
plaintiff's right of recovery in proportion to which the said culpable conduct, negligence and/or
assumption of the risk attributable to plaintiff bears to the cause of the damages, if any, or the
occurrence complained of by the plaintiff.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
That the plaintiff's injuries were caused in whole or in part by the culpable conduct
attributable to third parties, and the amount of damages otherwise recoverable shall be
diminished in the proportion to which the culpable conduct attributable to third parties bears to
the cause of the damages, if any, of the occurrence complained of by plaintiff, pursuant to CPLR
1601.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
That none of the exemptions set forth in Article 16 of the CPLR applies to this matter,
and in addition, the defendants hereby assert, that in the event that one or all of them is found
liable to the plaintiff, their liability is limited pursuant to the appropriate sections of Article 16 of
the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
Workers'
Plaintiff's lawsuit against this answering defendant is barred by the
Compensation Law.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
Plaintiff engaged in activities or conduct with full knowledge of the dangerous hazards
and risks attendant thereto, and thereby assumed the risks inherent in and incident to such
conduct or activity.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
If plaintiff recovers from this answering defendant after trial, and this answering
defendant is found to be responsible for fifty percent or less of the total liability, then this
answering defendant's liability for non-economic loss shall not exceed its equitable share of
culpability.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
This answering defendant's liability, if any, is several and not joint pursuant to Article 16
of CPLR.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
In the event that any person or entity liable or 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, this
answering defendant is or will be entitled to protection under General Obligations Law § 15-108
and the corresponding reduction of any damages which may be determined to be due against this
answering defendant.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
In the event plaintiff recovers a verdict or judgment against this answering 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 plaintiff, in whole or in
part, for any past or future claimed economic loss, from any collateral source such as insurance,
workers'
social security, compensation or employee benefit programs.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE:
The Complaint fails to state a cause of action against this answering defendant.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
Plaintiff failed to follow instructions and heed warnings.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE:
Plaintiffs'
Complaint is barred in whole or in part by applicable Statute of Limitations.
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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE:
Real and necessary parties in interest have not been identified and/or named as
defendants.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE:
Plaintiff was the sole proximate cause of the alleged accident and any injuries he
sustained.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE:
Plaintiff failed to mitigate his damages.
AS AND FOR A CROSS CLAIM AGAINST DEFENDANT MB LORIMER LLC
That if the plaintiff ROBERT ZABORSKI was caused to sustain personal injuries and
resulting damages at the time and place set forth in the Plaintiff's Complaint, said injuries were
caused by the carelessness, recklessness, acts, omissions, negligence, and/or breaches of duty,
and/or warranty and/or contract, and/or strict liability of the co-defendant MB LORIMER LLC,
and without any breaches or any negligence of this answering defendant contributing thereto, and
if this answering defendant is found negligent for the injuries and damages as set forth in the
plaintiff's Complaint, then and in that event, the relative responsibilities of co-defendant MB
MORIMER LLC, in fairness must be apportioned by a separate determination, in view of the
existing factual disparity, and the said defendant herein will be liable over jointly and severally to
this answering defendant and bound to fully indemnify and hold this answering defendant
harmless for the full amount of any verdict or judgment that the Plaintiff herein may recover
against this answering defendant in this action, including all costs of investigation, disbursement
attorneys'
expenses and fees incurred in the defense of this action and in the conduct of this
Cross-Claim.
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WHEREFORE, this answering defendant CORNERSTONE BUILDERS NY LLC
demands judgment dismissing the Plaintiff's Complaint, and further demands apportionment of
responsibility for the alleged occurrence as found by the Court or jury; together with the costs,
disbursements, legal and investigation fees incurred in the defense of this action.
Dated: Brooklyn, New York
August 22, 2017
Yours, etc.,
McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants CORNERSTONE BUILDERS
NY LLC
55 Washington Street, 7th Floor
Brooklyn, New York 11201
TO: SEE ATTACHED RIDER (212) 747-1230
Our File No.: G200.0069
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018
STATE OF NEW YORK ) ATTORNEY'S VERIFICATION
)SS.:
COUNTY OF KING S )
I,the undersigned, an attorney admitted to practice in the Courts of the State of New
York state that I am a member of the law firm of McMAHON, MARTINE & GALLAGHER,
LLP, the attorneys for Defendant CORNERSTONE BUILDERS NY LLC in the above entitled
action.
I have read the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT and know
the contents thereof; itis true to my knowledge, except as to the matters therein stated to be
alleged upon information and belief, and as to those matters, I believe itto be true. The source of
my information and the grounds of my belief are statements, letters, and reports examined by me
relative to the matters referred to in the annexed VERIFIED ANSWER TO VERIFIED
COMPLAINT.
The reason this verification is made by me instead of by defendants is that I am in
possession of the material information on which this action is based and that our office is situated
in a county other than where the defendants reside.
I affirm that the above is true under the penalties of perjury, pursuant to Rule 2106 of the
Civil Practice Law and Rules.
Dated: Brooklyn, New York
August 22, 2017
ANTHONY D. MARTINE
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 504273/17
-----------------------------------------------------------------------x
ROBERT ZABORSKI,
Plaintiff,
-against- DEMAND FOR A
VERIFIED BILL OF
MB LORIMER LLC AND CORNERSTONE, PARTICULARS
BUILDERS NY LLC,
Defendants.
----------------------------------------------------------------------x
TO: PLAINTIFF
PLEASE TAKE NOTICE, that McMAHON, MARTINE & GALLAGHER, LLP, the
attorneys for the undersigned defendants, demand that plaintiff serve on the undersigned, within
twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to
the following matters:
1. State (a) the plaintiff's date and place of birth, (b) present address, (c) the address
of the plaintiff at the time of the occurrence, and (d) the Social Security number
of each plaintiff.
2. State the exact date and approximate time of day of the occurrence.
3. (a) Describe the location of the accident in sufficient detail to permit
definite identification.
(b) If the occurrence took place on premises, set forth the location therein,
giving floor number and location thereon, so as to be readily identified; if
upon a sidewalk, or exterior of premises, the distance from the curb and
building line, and other fixed object.
4. State how itis claimed the accident occurred.
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5. State for what purpose the plaintiff was on or at the premises.
6. Describe what plaintiff was doing immediately prior to his accident.
7. State whether plaintiff claims he was hit due to a falling object.
8. Describe the alleged dangerous and defective condition.
9. State what gravity related issue supports plaintiff's Labor Law Section 240(1)
claim.
10. If any violation of any rule, law, customs, regulation, ordinance or statute is
claimed, identify and specify the provisions of same.
11. State the sections of the Industrial Code that were violated.
12. Describe what part or parts of plaintiff's body came in contact with what object,
if any.
13. State what safety equipment plaintiff was deprived of.
14. State the acts, or omissions, constituting the negligence claimed.
15. State how defendants violated the Labor Law.
16. State whether itis claimed that defendants had notice of the condition
complained of, and if so, state whether actual or constructive notice is claimed; if
constructive notice is claimed, state for how long plaintiff claims the condition
existed before the alleged accident; if actual notice is claimed, state by whom, an
to whom such notice as allegedly given, and the place and time itwas given, and
whether oral or written, and, if written, set forth a copy thereof.
17. Set forth the statutes or ordinances alleged to have been violated by the
defendants, designated by chapter, article, division, subdivision, section,
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paragraph, and otherwise particular portions and provisions of the specific laws,
ordinances, rules and regulations allegedly violated by defendants.
18. State what sections of the Industrial Code were violated.
19. State whether plaintiff was cut, if so, what cut the plaintiff?
20. State what, if anything, fellon the plaintiff.
21. Describe the object that allegedly fellon plaintiff.
22. Describe what part or parts of the body plaintiff was struck by falling object.
23. State how the object was improperly secured.
24. State who, if anyone, was working with the object at the time itallegedly fell.
25. State how far the object fell.
26. Set forth the nature and extent of the injuries claimed to have been sustained.
27. Describe the injuries claimed to be permanent in their nature and consequences
in sufficient detail to permit definite identification.
28. Set forth the length of time itwill be claimed plaintiff was confined (a) to bed,
(b) to house, and (c) set forth the dates of each hospitalization confinement, and
identify the hospitals to which confined.
29. State the name of each and every hospital, clinic, or institution where any
treatment or examination was rendered and length of time, if any, confined there.
If not confined to any hospital, etc.,so state.
30. If itis claimed the plaintiff was treated by a physician other than one at the
hospital and/or clinic, give the name of said physician and his address.
Accurately state the number of visits itis claimed the plaintiff made to each of
the physicians, if any, specified above.
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NYSCEF DOC. NO. 27 RECEIVED
Preview
FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 504273/17 -----------------------------------------------------------------------x ROBERT ZABORSKI, Plaintiffs, VERIFIED ANSWER TO VERIFIED COMPLAINT -against- MB LORIMER LLC AND CORNERSTONE BUILDERS NY LLC, Defendants. ----------------------------------------------------------------------x The Defendant CORNERSTONE STREET OWNER, LLC (also referred to herein as "this answering defendant"), by its attorneys, McMAHON, MARTINE & GALLAGHER, LLP, as and for itsVerified Answer to the plaintiff's Verified Complaint, respectfully alleges as follows upon information and belief: ANSWERING THE FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: c41>0 "1". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cd'tl "2". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc309 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc47'7 "4". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: CC>95'J9 ""5". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc670 "6". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc797 "7". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc8>s "8". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: cd%> "9". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: 0'7'7 "10". 2 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: l'1 "11". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc]29> "12". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 317 "13". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 4ll "14". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 5t'7 "15". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc 60> "16". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 70> "17". 3 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 8cc "18". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: 9'pc "19". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc2pcc "20". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: O'J "21". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc22'77 "22". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc237t "23". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc2407 "24". 4 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc25'J0 "25". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: cc2+0 "26". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "27". Admits the allegations of the plaintiff's Verified Complaint contained in the subdivision thereof designated: "28". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "29". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "30". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "31". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "32". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "33". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "34". 5 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "35". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "36". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "37". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "38". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "39". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "40", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "41", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "42", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "43". 6 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "44", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "45", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "46", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "47", leaving all questions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "48", leaving allquestions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "49", leaving allquestions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "50", leaving allquestions of law and ultimate fact to the trial of this action. 7 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "51", leaving allquestions of law and ultimate fact to the trial of this action. Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "52", leaving allquestions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "53". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "54". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "55". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "56". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "57". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "58". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "59". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "60". 8 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 ANSWERING THE SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS "1" "60" Repeats and reiterates each and every defense designated to herein with the same force and effect as though the same were herein fully set forth at length. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "62". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "63", leaving allquestions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "64". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "65". ANSWERING THE THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS "1" "65" Repeats and reiterates each and every defense designated to herein with the same force and effect as though the same were herein fully set forth at length. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "67". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "68", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "69". 9 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "70". ANSWERING THE FOURTH CAUSE OF ACTION AGAINST THE DEFENDANTS "1" "70" Repeats and reiterates each and every defense designated to herein with the same force and effect as though the same were herein fully set forth at length. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "72". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "73", leaving allquestions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "74". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "75". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "76". AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the plaintiff was guilty of culpable conduct, including contributory negligence and assumption of the risk, which said conduct bars plaintiff's right of recovery or diminishes plaintiff's right of recovery in proportion to which the said culpable conduct, negligence and/or assumption of the risk attributable to plaintiff bears to the cause of the damages, if any, or the occurrence complained of by the plaintiff. 10 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 AS AND FOR A SECOND AFFIRMATIVE DEFENSE: That the plaintiff's injuries were caused in whole or in part by the culpable conduct attributable to third parties, and the amount of damages otherwise recoverable shall be diminished in the proportion to which the culpable conduct attributable to third parties bears to the cause of the damages, if any, of the occurrence complained of by plaintiff, pursuant to CPLR 1601. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: That none of the exemptions set forth in Article 16 of the CPLR applies to this matter, and in addition, the defendants hereby assert, that in the event that one or all of them is found liable to the plaintiff, their liability is limited pursuant to the appropriate sections of Article 16 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: Workers' Plaintiff's lawsuit against this answering defendant is barred by the Compensation Law. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: Plaintiff engaged in activities or conduct with full knowledge of the dangerous hazards and risks attendant thereto, and thereby assumed the risks inherent in and incident to such conduct or activity. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: If plaintiff recovers from this answering defendant after trial, and this answering defendant is found to be responsible for fifty percent or less of the total liability, then this answering defendant's liability for non-economic loss shall not exceed its equitable share of culpability. 11 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: This answering defendant's liability, if any, is several and not joint pursuant to Article 16 of CPLR. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: In the event that any person or entity liable or 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, this answering defendant is or will be entitled to protection under General Obligations Law § 15-108 and the corresponding reduction of any damages which may be determined to be due against this answering defendant. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: In the event plaintiff recovers a verdict or judgment against this answering 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 plaintiff, in whole or in part, for any past or future claimed economic loss, from any collateral source such as insurance, workers' social security, compensation or employee benefit programs. AS AND FOR A TENTH AFFIRMATIVE DEFENSE: The Complaint fails to state a cause of action against this answering defendant. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE: Plaintiff failed to follow instructions and heed warnings. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE: Plaintiffs' Complaint is barred in whole or in part by applicable Statute of Limitations. 12 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE: Real and necessary parties in interest have not been identified and/or named as defendants. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE: Plaintiff was the sole proximate cause of the alleged accident and any injuries he sustained. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE: Plaintiff failed to mitigate his damages. AS AND FOR A CROSS CLAIM AGAINST DEFENDANT MB LORIMER LLC That if the plaintiff ROBERT ZABORSKI was caused to sustain personal injuries and resulting damages at the time and place set forth in the Plaintiff's Complaint, said injuries were caused by the carelessness, recklessness, acts, omissions, negligence, and/or breaches of duty, and/or warranty and/or contract, and/or strict liability of the co-defendant MB LORIMER LLC, and without any breaches or any negligence of this answering defendant contributing thereto, and if this answering defendant is found negligent for the injuries and damages as set forth in the plaintiff's Complaint, then and in that event, the relative responsibilities of co-defendant MB MORIMER LLC, in fairness must be apportioned by a separate determination, in view of the existing factual disparity, and the said defendant herein will be liable over jointly and severally to this answering defendant and bound to fully indemnify and hold this answering defendant harmless for the full amount of any verdict or judgment that the Plaintiff herein may recover against this answering defendant in this action, including all costs of investigation, disbursement attorneys' expenses and fees incurred in the defense of this action and in the conduct of this Cross-Claim. 13 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 WHEREFORE, this answering defendant CORNERSTONE BUILDERS NY LLC demands judgment dismissing the Plaintiff's Complaint, and further demands apportionment of responsibility for the alleged occurrence as found by the Court or jury; together with the costs, disbursements, legal and investigation fees incurred in the defense of this action. Dated: Brooklyn, New York August 22, 2017 Yours, etc., McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendants CORNERSTONE BUILDERS NY LLC 55 Washington Street, 7th Floor Brooklyn, New York 11201 TO: SEE ATTACHED RIDER (212) 747-1230 Our File No.: G200.0069 14 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 STATE OF NEW YORK ) ATTORNEY'S VERIFICATION )SS.: COUNTY OF KING S ) I,the undersigned, an attorney admitted to practice in the Courts of the State of New York state that I am a member of the law firm of McMAHON, MARTINE & GALLAGHER, LLP, the attorneys for Defendant CORNERSTONE BUILDERS NY LLC in the above entitled action. I have read the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT and know the contents thereof; itis true to my knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe itto be true. The source of my information and the grounds of my belief are statements, letters, and reports examined by me relative to the matters referred to in the annexed VERIFIED ANSWER TO VERIFIED COMPLAINT. The reason this verification is made by me instead of by defendants is that I am in possession of the material information on which this action is based and that our office is situated in a county other than where the defendants reside. I affirm that the above is true under the penalties of perjury, pursuant to Rule 2106 of the Civil Practice Law and Rules. Dated: Brooklyn, New York August 22, 2017 ANTHONY D. MARTINE 15 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 504273/17 -----------------------------------------------------------------------x ROBERT ZABORSKI, Plaintiff, -against- DEMAND FOR A VERIFIED BILL OF MB LORIMER LLC AND CORNERSTONE, PARTICULARS BUILDERS NY LLC, Defendants. ----------------------------------------------------------------------x TO: PLAINTIFF PLEASE TAKE NOTICE, that McMAHON, MARTINE & GALLAGHER, LLP, the attorneys for the undersigned defendants, demand that plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters: 1. State (a) the plaintiff's date and place of birth, (b) present address, (c) the address of the plaintiff at the time of the occurrence, and (d) the Social Security number of each plaintiff. 2. State the exact date and approximate time of day of the occurrence. 3. (a) Describe the location of the accident in sufficient detail to permit definite identification. (b) If the occurrence took place on premises, set forth the location therein, giving floor number and location thereon, so as to be readily identified; if upon a sidewalk, or exterior of premises, the distance from the curb and building line, and other fixed object. 4. State how itis claimed the accident occurred. 16 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 5. State for what purpose the plaintiff was on or at the premises. 6. Describe what plaintiff was doing immediately prior to his accident. 7. State whether plaintiff claims he was hit due to a falling object. 8. Describe the alleged dangerous and defective condition. 9. State what gravity related issue supports plaintiff's Labor Law Section 240(1) claim. 10. If any violation of any rule, law, customs, regulation, ordinance or statute is claimed, identify and specify the provisions of same. 11. State the sections of the Industrial Code that were violated. 12. Describe what part or parts of plaintiff's body came in contact with what object, if any. 13. State what safety equipment plaintiff was deprived of. 14. State the acts, or omissions, constituting the negligence claimed. 15. State how defendants violated the Labor Law. 16. State whether itis claimed that defendants had notice of the condition complained of, and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the condition existed before the alleged accident; if actual notice is claimed, state by whom, an to whom such notice as allegedly given, and the place and time itwas given, and whether oral or written, and, if written, set forth a copy thereof. 17. Set forth the statutes or ordinances alleged to have been violated by the defendants, designated by chapter, article, division, subdivision, section, 17 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 06/14/2018 paragraph, and otherwise particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendants. 18. State what sections of the Industrial Code were violated. 19. State whether plaintiff was cut, if so, what cut the plaintiff? 20. State what, if anything, fellon the plaintiff. 21. Describe the object that allegedly fellon plaintiff. 22. Describe what part or parts of the body plaintiff was struck by falling object. 23. State how the object was improperly secured. 24. State who, if anyone, was working with the object at the time itallegedly fell. 25. State how far the object fell. 26. Set forth the nature and extent of the injuries claimed to have been sustained. 27. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 28. Set forth the length of time itwill be claimed plaintiff was confined (a) to bed, (b) to house, and (c) set forth the dates of each hospitalization confinement, and identify the hospitals to which confined. 29. State the name of each and every hospital, clinic, or institution where any treatment or examination was rendered and length of time, if any, confined there. If not confined to any hospital, etc.,so state. 30. If itis claimed the plaintiff was treated by a physician other than one at the hospital and/or clinic, give the name of said physician and his address. Accurately state the number of visits itis claimed the plaintiff made to each of the physicians, if any, specified above. 18 FILED: KINGS COUNTY CLERK 06/14/2018 04:34 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 27 RECEIVED