Preview
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 504273/17
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ROBERT ZABORSKI,
Plaintiffs,
VERIFIED ANSWER
TO VERIFIED COMPLAINT
-against-
MB LORIMER LLC AND CORNERSTONE
BUILDERS NY LLC,
Defendants.
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The Defendant CORNERSTONE STREET OWNER, LLC (also referred to herein as ''this
answering defendant"), by its attorneys, McMAHON, MARTINE & GALLAGHER, LLP, as and
for its Verified Answer to the plaintiffs 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:
"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:
"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:
"3".
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Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the p1aintifrs Verified Complaint contained in the subdivisions thereof designated:
"4".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated:
""5".
Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"6".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Cotnplaint contained in the subdivisions thereof designated:
"7".
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:
"8".
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".
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:
"10".
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Denies knowledge or information thereof sufficient to forn1 a belief as to each and every
allegation of the plaintiffs Verified Cotnplaint contained in the subdivisions thereof designated:
"11 ".
Denies knowledge or inforn1ation thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Con1plaint contained in the subdivisions thereof designated:
"12".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Cotuplaint contained in the subdivisions thereof designated:
"13".
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:
"14".
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:
"15".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated:
"16".
Denies knowledge or information thereof sufficient to form a belief as to each and every
allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated:
"17".
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Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"18".
Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified C01nplaint contained in the subdivisions thereof designated:
"19".
Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated:
"20".
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:
"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:
"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:
"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:
"24".
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Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated:
"25".
Denies knowledge or infonnation thereof sufficient to form a belief as to each and every
allegation of the plaintiffs Verified Cotnplaint contained in the subdivisions thereof designated:
"26".
Denies each and every allegation of the plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "27".
Admits the allegations of the plaintiffs Verified Complaint contained in the subdivision
thereof designated: "28".
Denies each and every allegation of the plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "29".
Denies each and every allegation of the plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "30".
Denies each and every allegation of the plaintifr 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 plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "33".
Denies each and every allegation of the plaintifr s Verified Complaint contained in the
subdivisions thereof designated: "34".
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Denies each and every allegation of the plaintifrs Verified Complaint contained in the
subdivisions thereof desi&7J1ated: "35".
Denies each and every allegation of the plaintiff's Verified Complaint contained in the
subdivisions thereof desibrnated: "36".
Denies each and every allegation of the plaintifrs 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 intonnation 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 Cmnplaint 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 ultitnate 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 plaintifrs 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 plaintifrs Verified Complaint contained in the subdivisions thereof designated:
"48", 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 plaintifrs Verified Complaint contained in the subdivisions thereof designated:
"49", 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:
"50", leaving all questions of law and ultimate fact to the trial of this action.
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Denies knowledge or infonnation 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 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 Cotnplaint contained in the subdivisions thereof designated:
"52", leaving an questions oflaw 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
Repeats and reiterates each and every defense designated "1" to "60" 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 plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "62".
Denies knowledge or information thereof sufficient to fonn a belief as to each and every
allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated:
"63", leaving all questions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "64".
Denies each and every allegation of the plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "65".
ANSWERING THE THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS
Repeats and reiterates each and every defense designated "1" to "65" 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 plaintifrs Verified Complaint contained in the
subdivisions thereof designated: "70".
ANSWERING THE FOURTH CAUSE OF ACTION AGAINST THE DEFENDANTS
Repeats and reiterates each and every defense designated "I" to "70" 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 plaintiffs 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 all questions of law and ultimate fact to the trial of this action.
Denies each and every allegation of the plaintiffs 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 plaintiffs Verified Complaint contained in the
subdivisions thereof designated: "76".
AS AND FORA FIRST AFFIRMATIVE DEFENSE:
That the plaintiff was guilty of culpable conduct, including contributory negligence and
assumption of the risk, which said conduct bars plaintiffs 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 plaintifrs 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 ofby 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
theCPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
Plaintiff's lawsuit against this answering defendant is barred by the Workers'
Compensation Law.
AS AND FOR A FIFfH 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
ofCPLR.
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 runounts
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,
social security, workers' 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 Plaintiffs Cotnplaint, 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
expenses and attorneys' 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
NYLLC
55 Washington Street, 7th Floor
Brooklyn, New York 11201
TO: SEEATTACHEDRIDER (212) 747-1230
Our File No.: 0200.0069
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STATE OF NEW YORK ) ATTORNEY'S VERIFICATION
)SS.:
COUNTYOFKINGS )
I, the undersigned, an attorney admitted to practice in the Courts of the State of New
York state that I am a mctnbcr 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; it is 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 it to 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 infonnation 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
Preview
FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 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 its Verified Answer to the plaintiffs 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: "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: "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: "3". FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the p1aintifrs Verified Complaint contained in the subdivisions thereof designated: "4". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated: ""5". Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "6". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Cotnplaint contained in the subdivisions thereof designated: "7". 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: "8". 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". 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: "10". 2 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or information thereof sufficient to forn1 a belief as to each and every allegation of the plaintiffs Verified Cotnplaint contained in the subdivisions thereof designated: "11 ". Denies knowledge or inforn1ation thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Con1plaint contained in the subdivisions thereof designated: "12". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Cotuplaint contained in the subdivisions thereof designated: "13". 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: "14". 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: "15". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated: "16". Denies knowledge or information thereof sufficient to form a belief as to each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated: "17". 3 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "18". Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified C01nplaint contained in the subdivisions thereof designated: "19". Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated: "20". 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: "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: "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: "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: "24". 4 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof designated: "25". Denies knowledge or infonnation thereof sufficient to form a belief as to each and every allegation of the plaintiffs Verified Cotnplaint contained in the subdivisions thereof designated: "26". Denies each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "27". Admits the allegations of the plaintiffs Verified Complaint contained in the subdivision thereof designated: "28". Denies each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "29". Denies each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "30". Denies each and every allegation of the plaintifr 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 plaintiffs Verified Complaint contained in the subdivisions thereof designated: "33". Denies each and every allegation of the plaintifr s Verified Complaint contained in the subdivisions thereof designated: "34". 5 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof desi&7J1ated: "35". Denies each and every allegation of the plaintiff's Verified Complaint contained in the subdivisions thereof desibrnated: "36". Denies each and every allegation of the plaintifrs 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or intonnation 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 Cmnplaint 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 ultitnate 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 plaintifrs 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 plaintifrs Verified Complaint contained in the subdivisions thereof designated: "48", 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 plaintifrs Verified Complaint contained in the subdivisions thereof designated: "49", 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: "50", leaving all questions of law and ultimate fact to the trial of this action. 7 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies knowledge or infonnation 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 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 Cotnplaint contained in the subdivisions thereof designated: "52", leaving an questions oflaw 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 ANSWERING THE SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS Repeats and reiterates each and every defense designated "1" to "60" 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 plaintiffs Verified Complaint contained in the subdivisions thereof designated: "62". Denies knowledge or information thereof sufficient to fonn a belief as to each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "63", leaving all questions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "64". Denies each and every allegation of the plaintiffs Verified Complaint contained in the subdivisions thereof designated: "65". ANSWERING THE THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS Repeats and reiterates each and every defense designated "1" to "65" 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 Denies each and every allegation of the plaintifrs Verified Complaint contained in the subdivisions thereof designated: "70". ANSWERING THE FOURTH CAUSE OF ACTION AGAINST THE DEFENDANTS Repeats and reiterates each and every defense designated "I" to "70" 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 plaintiffs 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 all questions of law and ultimate fact to the trial of this action. Denies each and every allegation of the plaintiffs 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 plaintiffs Verified Complaint contained in the subdivisions thereof designated: "76". AS AND FORA FIRST AFFIRMATIVE DEFENSE: That the plaintiff was guilty of culpable conduct, including contributory negligence and assumption of the risk, which said conduct bars plaintiffs 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 AS AND FOR A SECOND AFFIRMATIVE DEFENSE: That the plaintifrs 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 ofby 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 theCPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: Plaintiff's lawsuit against this answering defendant is barred by the Workers' Compensation Law. AS AND FOR A FIFfH 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: This answering defendant's liability., if any, is several and not joint pursuant to Article 16 ofCPLR. 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 runounts 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, social security, workers' 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 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 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 Plaintiffs Cotnplaint, 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 expenses and attorneys' fees incurred in the defense of this action and in the conduct of this Cross-Claim. 13 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 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 NYLLC 55 Washington Street, 7th Floor Brooklyn, New York 11201 TO: SEEATTACHEDRIDER (212) 747-1230 Our File No.: 0200.0069 14 FILED: KINGS COUNTY CLERK 05/07/2020 06:19 PM INDEX NO. 504273/2017 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 05/07/2020 STATE OF NEW YORK ) ATTORNEY'S VERIFICATION )SS.: COUNTYOFKINGS ) I, the undersigned, an attorney admitted to practice in the Courts of the State of New York state that I am a mctnbcr 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; it is 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 it to 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 infonnation 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