Preview
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019
EXHIBIT C
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019
PC3 : KM File No. 16-00970- 02 (PC3)/000311539
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________________________------X
JEAN T JACQUET and GRACE JACQUET,
Plaintiff(s), Index No.: 520801/17
- against - VERIFIED ANSWER
A&W IRON WORK INC and TAKSON H CHAN,
Defendant(s).
-------------------------------------X
The Defendant(s) A&W IRON WORK INC and TAKSON H CHAN, answering the
plaintiff(s) Complaint herein, by their attorneys, CHEVEN, KEELY & HATZIS,
ESQS., hereby respectfully denies each and every allegation upon information
and belief of the plaintiff(s) Complaint eXcept as herein after set forth:
ANSWERING THE FIRST CAUSE OF ACTION
1. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "2","3","4".
2. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "1","5","6","7","8", "9",
"11","13","14',"15","16","22" and refers all questions of Law to
respectfully
the Court.
3. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "10"and respectfully refers all questions of
Law to the Court. Except admit(s)that A&W IRON WORK INC., registered a
certain motor vehicle bearing a State of New York license plate number
21050MA.
4. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
Complaint therein designated as "12" and refers all questions of
respectfully
Law to the Court. Except admit(s) that TAKSON H. CHAN operated a certain
motor vehicle bearing a State of New York license plate number 21050MA with
permission.
5. Upon information and belief, deny(s) each and every allegation
contained in the paragraphs of the Complaint therein designated as
"17", "18", "19", "20", "21", "23".
ANSWERING THE SECOND CAUSE OF ACTION
6. "24" of the reiterate and
Answering paragraph(s) Complaint, repeat,
reallege(s) each and every allegation, admission and denial contained in the
preceding paragraphs of this Answer, with the same force and effect as though
set forth at length herein.
7. Deny(s) any knowledge or information thereof sufficient to form a
belief as to each and every allegation contained in the paragraphs of the
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019
Complaint therein designated as "25" and respectfully refers all questions of
Law to the Court.
8. Upon information and belief, deny(s) each and every allegation
contained in the paragraphs of the Complaint therein designated as "26","27".
AS AND FOR A FIRST, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
Upon information and belief, the injuries and/or damages, if any,
alleged to have been sustained by the Plaintiff(s) were caused in whole or
part by the culpable conduct of the Plaintiff(s).
AS AND FOR A SECOND, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
This Court lacks jurisdiction over the person of the Defendant(s)
due to improper service of the Summons.
AS AND FOR A THIRD, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
In the event Plaintiff(s) recovers a verdict or judgment against
the answering Defendant(s), then said verdict or judgment must be reduced
pursuant to CPLR 4545(c) by those amounts which have been or will, with
reasonable certainty, be paid on behalf of or indemnify Plaintiff(s) in whole
or in part, for any past or future claimed economic loss, from any collateral
source including but not limited to no-fault, insurance, social security,
workers' compensation or employee benefit programs.
AS AND FOR A FOURTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
The accident described in the Verified Complaint did not result
in a "serious injury" to as so defined in and Section 5102
any Plaintiff, by
(d) of the Insurance Law of the State of New York. By reason of the premises
aforesaid, and as expressly provided in Section 5104 of the Insurance Law of
New York, Plaintiff (s) had and has no right to institute, maintain or
prosecute this action and is barred from so doing.
AS AND FOR A FIFTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
That pursuant to Article 51 of the New York State Insurance Law,
the Plaintiff (s) is not entitled to recover any sums of money for basic
economic loss.
AS AND FOR A SIXTH, SEPARATE DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
Any recovery or verdict against the answering Defendant(s) must
be reduced by virtue of the failure of the Plaintiff (s) to have exercised due
care to avoid, eliminate and/or mitigate the injury and/or damages allegedly
sustained.
AS AND FOR A SEVENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019
That the Plaintiff(s) damages must be mitigated by virtue of
his/her failure to make use of an available seatbelt and/or violation of
Section 1229(c) of the Vehicle and Traffic Law.
AS AND FOR AN EIGHTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
That the alleged cause(s) of action stated on behalf of the
Plaintiff(s) in the Complaint in the above entitled action is (are) barred by
the Statute of Limitations.
AS AND FOR A NINTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
All risks and/or danger of loss or damage connected with the
situation alleged in the Plaintiff's Complaint were at the time and place
mentioned in the Complaint obvious and apparent and were known by the
plaintiff(s) and voluntarily assumed by the plaintiff(s).
AS AND FOR A TENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
The liability of the answering Defendant(s) is limited by the
provisions of Article 16 of the New York Civil Practice Law and Rules (CPLR).
AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT
AND COMPLETE AFFIRMATIVE DEFENSE:
In the event any party or non-party to the above captioned action
settles with the plaintiff(s), the answering defendant(s) pleads all rights
as are afforded under the General Obligations Law Section 15-108, as well as
any other applicable statute(s) governing settlements, as to all settling
and/or non-settling parties.
WHEREFORE, the aforesaid defendant(s) demand(s) judgment against the
plaintiff(s), dismissing the Complaint herein, together with costs and
disbursements of this action.
Dated: New York, New York
November 16, 2017
Yours, et .
By:
Chris M. Hatzi , Esq
CHEVEN, KEELY & HATZIS, ESQS.
Attorneys for De f endant (s )
A&W IRON WORK INC and TAKSON H CHAN
40 Wall Street - 12th Floor
New York, New York 10005
(212) 809-7600
Our File No.:16-00970-02(PC3000311539
TO:
DAVIS, SAPERSTEIN & SALOMON, PC
Attorney(s) for Plaintiff(s)
39 BROADWAY, SUITE 520
NEW YORK, NY 10006
(212) 608-1917
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019
ATTORNEY'
S VERIFICATION
Chris M. Hatzis, Esq, the undersigned, an attorney duly admitted
to practice law before all of the Courts of the State of New York, a Member
of the firm of CHEVEN, KEELY & HATZIS, ESQS., attorneys for the Defendant(s),
A&W IRON WORK INC and TAKSON H CHAN, in the within action states that she has
read the contents of the foregoing VERIFIED ANSWER and that the same is true
to her knowledge except as to those matters stated upon information and
belief, which she believes to be true. Deponent further states that the
grounds of her belief, as to all matters therein not stated upon her own
knowledge, are investigations and reports which have been made concerning the
subject matter of the within action, which are in possession of the
aforementioned Attorneys-of-Record and with which the Deponent is familiar.
The reason this Verification is made by Deponent, instead of by
the aforementioned Defendant(s), is because said Defendant(s) is/are not
within the County of New York where Deponent and the aforementioned
Attorneys-of-Record have their office. The undersigned affirms that the
foregoing statements are true, under penalties of pe ury.
Dated: New York, New York
November 16, 2017
Chris M. Hatzir, Esq
PC3:KM File No. 16-00970-02(PC3)/000311539
Preview
FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019 EXHIBIT C FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019 PC3 : KM File No. 16-00970- 02 (PC3)/000311539 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________________________------X JEAN T JACQUET and GRACE JACQUET, Plaintiff(s), Index No.: 520801/17 - against - VERIFIED ANSWER A&W IRON WORK INC and TAKSON H CHAN, Defendant(s). -------------------------------------X The Defendant(s) A&W IRON WORK INC and TAKSON H CHAN, answering the plaintiff(s) Complaint herein, by their attorneys, CHEVEN, KEELY & HATZIS, ESQS., hereby respectfully denies each and every allegation upon information and belief of the plaintiff(s) Complaint eXcept as herein after set forth: ANSWERING THE FIRST CAUSE OF ACTION 1. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "2","3","4". 2. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "1","5","6","7","8", "9", "11","13","14',"15","16","22" and refers all questions of Law to respectfully the Court. 3. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "10"and respectfully refers all questions of Law to the Court. Except admit(s)that A&W IRON WORK INC., registered a certain motor vehicle bearing a State of New York license plate number 21050MA. 4. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the Complaint therein designated as "12" and refers all questions of respectfully Law to the Court. Except admit(s) that TAKSON H. CHAN operated a certain motor vehicle bearing a State of New York license plate number 21050MA with permission. 5. Upon information and belief, deny(s) each and every allegation contained in the paragraphs of the Complaint therein designated as "17", "18", "19", "20", "21", "23". ANSWERING THE SECOND CAUSE OF ACTION 6. "24" of the reiterate and Answering paragraph(s) Complaint, repeat, reallege(s) each and every allegation, admission and denial contained in the preceding paragraphs of this Answer, with the same force and effect as though set forth at length herein. 7. Deny(s) any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in the paragraphs of the FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019 Complaint therein designated as "25" and respectfully refers all questions of Law to the Court. 8. Upon information and belief, deny(s) each and every allegation contained in the paragraphs of the Complaint therein designated as "26","27". AS AND FOR A FIRST, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: Upon information and belief, the injuries and/or damages, if any, alleged to have been sustained by the Plaintiff(s) were caused in whole or part by the culpable conduct of the Plaintiff(s). AS AND FOR A SECOND, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: This Court lacks jurisdiction over the person of the Defendant(s) due to improper service of the Summons. AS AND FOR A THIRD, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: In the event Plaintiff(s) recovers a verdict or judgment against the answering Defendant(s), then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been or will, with reasonable certainty, be paid on behalf of or indemnify Plaintiff(s) in whole or in part, for any past or future claimed economic loss, from any collateral source including but not limited to no-fault, insurance, social security, workers' compensation or employee benefit programs. AS AND FOR A FOURTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: The accident described in the Verified Complaint did not result in a "serious injury" to as so defined in and Section 5102 any Plaintiff, by (d) of the Insurance Law of the State of New York. By reason of the premises aforesaid, and as expressly provided in Section 5104 of the Insurance Law of New York, Plaintiff (s) had and has no right to institute, maintain or prosecute this action and is barred from so doing. AS AND FOR A FIFTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: That pursuant to Article 51 of the New York State Insurance Law, the Plaintiff (s) is not entitled to recover any sums of money for basic economic loss. AS AND FOR A SIXTH, SEPARATE DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: Any recovery or verdict against the answering Defendant(s) must be reduced by virtue of the failure of the Plaintiff (s) to have exercised due care to avoid, eliminate and/or mitigate the injury and/or damages allegedly sustained. AS AND FOR A SEVENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019 That the Plaintiff(s) damages must be mitigated by virtue of his/her failure to make use of an available seatbelt and/or violation of Section 1229(c) of the Vehicle and Traffic Law. AS AND FOR AN EIGHTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: That the alleged cause(s) of action stated on behalf of the Plaintiff(s) in the Complaint in the above entitled action is (are) barred by the Statute of Limitations. AS AND FOR A NINTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: All risks and/or danger of loss or damage connected with the situation alleged in the Plaintiff's Complaint were at the time and place mentioned in the Complaint obvious and apparent and were known by the plaintiff(s) and voluntarily assumed by the plaintiff(s). AS AND FOR A TENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: The liability of the answering Defendant(s) is limited by the provisions of Article 16 of the New York Civil Practice Law and Rules (CPLR). AS AND FOR AN ELEVENTH, SEPARATE, DISTINCT AND COMPLETE AFFIRMATIVE DEFENSE: In the event any party or non-party to the above captioned action settles with the plaintiff(s), the answering defendant(s) pleads all rights as are afforded under the General Obligations Law Section 15-108, as well as any other applicable statute(s) governing settlements, as to all settling and/or non-settling parties. WHEREFORE, the aforesaid defendant(s) demand(s) judgment against the plaintiff(s), dismissing the Complaint herein, together with costs and disbursements of this action. Dated: New York, New York November 16, 2017 Yours, et . By: Chris M. Hatzi , Esq CHEVEN, KEELY & HATZIS, ESQS. Attorneys for De f endant (s ) A&W IRON WORK INC and TAKSON H CHAN 40 Wall Street - 12th Floor New York, New York 10005 (212) 809-7600 Our File No.:16-00970-02(PC3000311539 TO: DAVIS, SAPERSTEIN & SALOMON, PC Attorney(s) for Plaintiff(s) 39 BROADWAY, SUITE 520 NEW YORK, NY 10006 (212) 608-1917 FILED: KINGS COUNTY CLERK 07/23/2019 01:57 PM INDEX NO. 520801/2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2019 ATTORNEY' S VERIFICATION Chris M. Hatzis, Esq, the undersigned, an attorney duly admitted to practice law before all of the Courts of the State of New York, a Member of the firm of CHEVEN, KEELY & HATZIS, ESQS., attorneys for the Defendant(s), A&W IRON WORK INC and TAKSON H CHAN, in the within action states that she has read the contents of the foregoing VERIFIED ANSWER and that the same is true to her knowledge except as to those matters stated upon information and belief, which she believes to be true. Deponent further states that the grounds of her belief, as to all matters therein not stated upon her own knowledge, are investigations and reports which have been made concerning the subject matter of the within action, which are in possession of the aforementioned Attorneys-of-Record and with which the Deponent is familiar. The reason this Verification is made by Deponent, instead of by the aforementioned Defendant(s), is because said Defendant(s) is/are not within the County of New York where Deponent and the aforementioned Attorneys-of-Record have their office. The undersigned affirms that the foregoing statements are true, under penalties of pe ury. Dated: New York, New York November 16, 2017 Chris M. Hatzir, Esq PC3:KM File No. 16-00970-02(PC3)/000311539