Preview
FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021
PJS/gf#15881
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
-------------- ---- ---- --------------------x Index No.: 31551/2020E
JUAN BONAPARTE,
Plaintiffs, VERIFIED ANSWER
-against-
CUBESMART MANAGEMENT, LLC,
Defendants.
.....------....-----...,........._________ __________ --X
S I R S:
Defendants, CUBESMART MANAGEMENT, LLC, by its attorneys, KERLEY,
WALSH, MATERA & CINQUEMANI, P.C., answering the Complaint of the plaintiff herein,
respectfully alleges upon information and belief.
FIRST: Denies any knowledge or information sufficient thereof to form a
28" and"33"
belief as to each and every allegation contained in paragraphs designated "1, 17, of
the Complaint herein.
SECOND: Denies each and every allegation in the form alleged contained in
"2"
paragraph designated of the Complaint herein.
THIRD: Denies each and every allegation in the form alleged contained in
34" "35"
paragraphs designated "5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 27, 29, and of the Complaint
herein and respectfully refers all questions of law to the Court for ultimate determination.
FOURTH: Denies each and every allegation in paragraphs designated "7, 18,
30" "32"
19, 20, 21, 22, 23, 24, 25, 26, and of the Complaint herein.
FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021
FIFTH: Denies each and every allegation contained in paragraphs
39" "40"
designated and of the Complaint herein and respectfully refers all
"31, 36, 37, 38,
questions of law to the Court for ultimate determination,
SIXTH: Defendant, CUBESMART MANAGAEMENT, LLP, demands.that
the liability, ifany be apportioned.
AS AND FOR A FIRST SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE TO THE
CAUSES OF ACTION IN THE COMPLAINT,
ANSWERING DEFENDANT ALLEGES, UPON
INFORMATION AND BELIEF:
SEVENTH: Upon information and belief, any damages sustained by the plaintiff
were caused in whole or in part by the culpable conduct of the plaintiff and/or damages were
aggravated by the culpable conduct of the plaintiff.
AS AND FOR A SECOND SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE TO THE
CAUSES OF ACTION IN THE COMPLAINT,
ANSWERING DEFENDANT ALLEGES, UPON
INFORMATION AND BELIEF:
EIGHTH: This defendant may assert and prove, at the time of trial,that certain
items of recovery being sought by the plaintiff was or will, with reasonable certainty,be
monetary
replaced or indemnified, in whole or in part, from collateral sources, and that the Court should
reduce theamountofanysuch award to the plaintiff, including reduction for federal, state and
local personal income taxes which the plaintiff would have been obligated by law to pay, pursuant
to CPLR Sections 4545, 4546, and any other applicable provision of the law.
AS AND FOR A THIRD SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE TO THE
CAUSES OF ACTION IN THE COMPLAINT,
ANSWERING DEFENDANT ALLEGES, UPON
INFORMATION AND BELIEF:
NINTH: The plaintiff has failed to mitigate damages.
FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021
AS AND FOR A FIRST COUNTER-CLAIM
AGAINST THE PLAINTIFF, ANSWERING
DEFENDANT ALLEGES AS FOLLOWS:
TENTH: The plaintiff agreed to pay for any and all services rendered to him by
CUBESMART MANAGEMENT.
A Bill for services rendered to the plaintiff was tendered to the plaintiff by
CUBESMART MANAGEMENT, LLC, on October 2, 2019.
The bill for the services was in the amount of $529.18.
As of this date, no payment has been tendered by the plaintiff to the defendant in |
satisfaction of the bill.
WHEREFORE, defendant, CUBESMART MANAGEMENT, LLC, demands
judgment dismissing the Complaint herein, together with and or
interest, costs, disbursements,
judgment over as may be required by law; and judgment or a set-off in the amount of $.
Dated: Seaford, New York
December 10, 2020
Yours, etc.,
KERLEY, WALSH, MATERA
& CINQUEMANI, P.C.
Attorneys for Defendant
CUBESMART MANAGEMENT, LLC
2174 Jackson Avenue
Seaford, NY 1 1783
(516) 409-6200
TO:
STEVENS & TRAUB, PLLC
Attorneys for Plaintiff
336 West 37th Street, Suite 430
New York, NY 10018
(212) 966-7442
FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E
NYSCEF DOC. NO.| 8 RECEIVED NYSCEF: 12/11/20È0
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021
PJS/gf #15881
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the Courts of New York
State, and say that:
I am the attomey of record, or of counsel with the attorneys of records, for
defendant, CUBESMART MANAGEMENT, LLC.
I have read the annexed VERIFIED ANSWER, know the contents thereof and the
same are true to my knowledge, except those matters therein which are stated to be alleged on
information and belief, and as to those matters I believe them to be true. My belief, as to those
matters therein not stated upon knowledge, is based upon the followmg:
Information contained in my office file.
The reason I make this affirmation instead of defendant/s, is/are that defendant/s,
CUBESMART MANAGEMENT, LLC is/are not located within the limits of Nassau County.
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: Seaford, New York
December 10, 2020
. PATRICK J. SHELLEY, ESQ.
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FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021 PJS/gf#15881 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------- ---- ---- --------------------x Index No.: 31551/2020E JUAN BONAPARTE, Plaintiffs, VERIFIED ANSWER -against- CUBESMART MANAGEMENT, LLC, Defendants. .....------....-----...,........._________ __________ --X S I R S: Defendants, CUBESMART MANAGEMENT, LLC, by its attorneys, KERLEY, WALSH, MATERA & CINQUEMANI, P.C., answering the Complaint of the plaintiff herein, respectfully alleges upon information and belief. FIRST: Denies any knowledge or information sufficient thereof to form a 28" and"33" belief as to each and every allegation contained in paragraphs designated "1, 17, of the Complaint herein. SECOND: Denies each and every allegation in the form alleged contained in "2" paragraph designated of the Complaint herein. THIRD: Denies each and every allegation in the form alleged contained in 34" "35" paragraphs designated "5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 27, 29, and of the Complaint herein and respectfully refers all questions of law to the Court for ultimate determination. FOURTH: Denies each and every allegation in paragraphs designated "7, 18, 30" "32" 19, 20, 21, 22, 23, 24, 25, 26, and of the Complaint herein. FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021 FIFTH: Denies each and every allegation contained in paragraphs 39" "40" designated and of the Complaint herein and respectfully refers all "31, 36, 37, 38, questions of law to the Court for ultimate determination, SIXTH: Defendant, CUBESMART MANAGAEMENT, LLP, demands.that the liability, ifany be apportioned. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE COMPLAINT, ANSWERING DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: SEVENTH: Upon information and belief, any damages sustained by the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff and/or damages were aggravated by the culpable conduct of the plaintiff. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE COMPLAINT, ANSWERING DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: EIGHTH: This defendant may assert and prove, at the time of trial,that certain items of recovery being sought by the plaintiff was or will, with reasonable certainty,be monetary replaced or indemnified, in whole or in part, from collateral sources, and that the Court should reduce theamountofanysuch award to the plaintiff, including reduction for federal, state and local personal income taxes which the plaintiff would have been obligated by law to pay, pursuant to CPLR Sections 4545, 4546, and any other applicable provision of the law. AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE COMPLAINT, ANSWERING DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: NINTH: The plaintiff has failed to mitigate damages. FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/11/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021 AS AND FOR A FIRST COUNTER-CLAIM AGAINST THE PLAINTIFF, ANSWERING DEFENDANT ALLEGES AS FOLLOWS: TENTH: The plaintiff agreed to pay for any and all services rendered to him by CUBESMART MANAGEMENT. A Bill for services rendered to the plaintiff was tendered to the plaintiff by CUBESMART MANAGEMENT, LLC, on October 2, 2019. The bill for the services was in the amount of $529.18. As of this date, no payment has been tendered by the plaintiff to the defendant in | satisfaction of the bill. WHEREFORE, defendant, CUBESMART MANAGEMENT, LLC, demands judgment dismissing the Complaint herein, together with and or interest, costs, disbursements, judgment over as may be required by law; and judgment or a set-off in the amount of $. Dated: Seaford, New York December 10, 2020 Yours, etc., KERLEY, WALSH, MATERA & CINQUEMANI, P.C. Attorneys for Defendant CUBESMART MANAGEMENT, LLC 2174 Jackson Avenue Seaford, NY 1 1783 (516) 409-6200 TO: STEVENS & TRAUB, PLLC Attorneys for Plaintiff 336 West 37th Street, Suite 430 New York, NY 10018 (212) 966-7442 FILED: BRONX COUNTY CLERK 10/13/2021 05:30 PM INDEX NO. 31551/2020E NYSCEF DOC. NO.| 8 RECEIVED NYSCEF: 12/11/20È0 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/13/2021 PJS/gf #15881 STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the Courts of New York State, and say that: I am the attomey of record, or of counsel with the attorneys of records, for defendant, CUBESMART MANAGEMENT, LLC. I have read the annexed VERIFIED ANSWER, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the followmg: Information contained in my office file. The reason I make this affirmation instead of defendant/s, is/are that defendant/s, CUBESMART MANAGEMENT, LLC is/are not located within the limits of Nassau County. I affirm that the foregoing statements are true under the penalties of perjury. Dated: Seaford, New York December 10, 2020 . PATRICK J. SHELLEY, ESQ.