Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/17/2021
"B"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 39 RECEIVEDINDEX NYSCEF:
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(-FILED : NEW YORK COUNTY CLERK 07 /15 /_2 02 0 06 : 45 PM
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------- -X
PRISCILLA MARTINEZ,
Index No: 154062/2020
Plaintiff (s),
VERIFIED ANSWER TO
- against - PLAINTIFF'S COMPLAINT
WITH AFFIRMATIVE DEFENSES
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
X
Defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW
YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, by
and through their attcrñêys, RUBINE + CHA, LLC answers the Complaint of plaintiff,
PRISCILLA MARTINEZ, upon information and belief as follows:
1. Answering defendants lack sufficient knowledge or information to admit or
deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint.
2. Answering defendants lack sufficient knowledge or information to admit or
deny the allegations as stated in the corresponding paragraph of the plaintiff'sComplaint.
3. Answering defendant, RITE AID OF NEW YORK, INC.incorrectly sued herein as
RITE AID OF NEW YORK CITY INC., admits that at all times relevant, itwas and stillis a
corporation doing business in the State of New York.
4. Answering defendant, RITE AID OF NEW YORK, INC.incorrectly sued herein as
RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this
defendant in the corresponding paragraph of the plaintiff's Complaint.
5. Admitted in part and denied in part. Answering defendant, RITE AID OF NEW
YORK, INC. incorrsci|y sued herein as RITE AID OF NEW YORK CITY INC., admits that alltimes
relevant, itoperated a Rite Aid retail pharmacy located at 3539 Broadway in New York,
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New York. The remaining allegations as stated and directed to this defendant in the
corresponding paragraph of the plaintiff'sComplaint are denied and all questions of law
are referred to thisCourt.
6. Answering defendant, RITE AID OF NEW YORK, INC. incorrectly sued herein as
RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this
defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of
law are referred to this Court.
7. Answering defendant, RITE AID OF NEW YORK. INC.incorrectly sued herein as
RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this
defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of
law are referred to this Court.
8. Answsring defendant, RITE AID OF NEW YORK, INC.Incorrectly sued herein as
RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this
defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of
law are referred to this Court.
9. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, admits that at alltimesrelevant, itwas and is a
still corporation doing
business in the State of New York.
10. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, admits that at alltimes relevant, itowned the premises !ocated at
3539 Broadway in New York, New York.
I I. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, denies the a|iegations as stated and directed to this defendant in
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the corresponding paragraph of the plaintiff's Complaint and all questions of law are
referred to this Court.
12. Answering defêñdant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in
the corresponding paragraph of the plaintiff's Complaint and all questions of law are
referred to this Court.
13. Answering defsadant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in
the corresponding paragraph of the plaintiff's Complaint and all questions of law are
referred to this Court.
14. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in
the corresponding paragraph of the plaintiff's Complaint and all questions of law are
referred to this Court.
15. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers all questions of law to this Court.
16. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers all questions of law to this Couri.
17. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers all questions of law to this Court.
18. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers all questions of law to this Court.
19. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers all questions of law to this Court.
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20. Answering defendants deny the allegations as stated in the corresponding
paragraph of the plaintiff's Complaint and refers allquestions of law to this Court.
FIRST AFFIRMATIVE DEFENSE
21. Ifthe plaintiff sustained the Injuries and damages alleged in the Verified
Complaint, the same were wholly caused by the culpable conduct of and/or assumption
of the riskof the plaintiff and the answering defendants are entitled tojudgment dismissing
the Verified Complaint in itsentirety with prejudice.
22. Ifthe plaintiff sustained the injuries and damages alleged in the Verified
Complaint, then same were caused, If not in whole, then in part, by the culpable conduct
and/or assumption of risk of the plaintiff and the answering defendants are entitled to
judgment assassing and fixing the degree to which the culpable conduct of the plaintiffs
contributed to said injuries and damages and the proportion to which such damages shall
be diminished thereby.
SACOND AFFIRMATIVE DIiFliNSE
23. If theplaintiff recovers any judgment against the answering defendants, then
the answering defendants demand that any suchJudgment be diminished in accordance
with Article 16 of the CPLR and more particularly, Section 1601 thereof.
THIRD AFFIRMATIVE DEFENSM
24. Ifany past or future expenses incurred or to be incurred by the plaintiff for
medical care, dental care, custodial care orrehabilitative services, loss of eamings or other
economic loss, has been or will with reasonable certainty be replaced or indemnified in
whole or in part from a collateral source as defined by CPLR 4545[c). Ifany damages are
recoverable against the answering defendants, the amount of such damages shall be
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diminished by the amount of funds which plaintiff has or shall receive from such collateral
source.
EQURTH AFFIRMATIVE DEFENSE
25. Plaintiff,PRISClLLA MARTINEZ, claims and any right of recovery forher alleged
damages must be barred, precluded, reduced, and/or limited due to the plaintiff's failure
to mitigate her damages.
fIFTH AFFIRMATIVE DEFENSE
26. Upon information and belief, the condition alleged In the plaintiff's Vedfied
Complaint was open and obvious and not inherently dangerous.
SIXTH AFFIRMATIVILDEFENSE
27. The injuries alleged by the plaintiff was not proximately caused by any
culpable conduct or statutory violation by the answering defendants.
SEVENTH AFFIRMATIVE DEFEM$E
28. Answering defendants did not create or have notice of the condition alleged
in the Verified Complaint and, therefore, may not be held liable to the plaintiff for her
alleged injuries.
EIGHTH AFFIRMATIVE DEFENSE
29. Plaintiff's own culpable conduct was the sole proximate cause or
contributing cause of the injuries and damages of which the plaintiff complains and,
therefore, her recovery, ifany, should be barred or limited.
NINTH AFFIRMATIVE DEFENSE
30. Plaiñtiff assumed the risksof the activities that she was engaged in at the
time of the occurrence alleged in the Complaint.
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31. The damages as allegedin the plaintiff's Verifisd Complaint were the result of
the negligence, superseding negligence, and/or culpable conduct of third parties over
whom the answering defendants exercised no control and with whom the answering
defendants had no legal relationship.
ELEVENTH AFFIRMATIVE DEFENSE
32. Ifthe plaintiff did sustain any injuries and damages as alleged, such injuries
and damages were directly and proximately caused by independent, intervening and/or
superseding acts or omissions which the answering defendants could not reasonably have
foreseen and for which itis not responsible or liable.
IWELFTH AFFIRMATIVE DEFENSE
33. Answering defendants acted reasonably and with due care and violated no
duty owed to the plaintiff.
THIRTEENTH AFFIRMATIVE DEFENSE
34. The plaintiff's Verified Complaint failsto state a claim upon which relief may
be granted.
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WHEREFORE, answering defendants, RITE AID OF NEW YORK, INC. incorrectly sued
herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS
3531BROADWAY, LLC, demand judgment dismissing the plaintiff's Verified Complaint in its
entirety with prejudice and for such other and furtherrelief as this Honorable Court deems
just and proper.
Dated: Glen Rock, New Jersey
15, 2020 RUBI + A, LL
July
BY·
. \
SEf B. RUBINE Q.
Attorneys for Defendants,
RITE AID OF NEW YORK, INC. incorrectly
sued herein as RITE AID OF NEW YORK CITY
INC., and R.A. REAL ESTATE, INC. sued
herein as CATS 3531BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, New Jersey 07452
(201) 857-5815
*** Office***
New York
114 Old Country Road, Suite 560
Mineola, New York 11501
*** ***
Reply to New Jersey Office
TO:
Peter May, Esq.
SUBIN ASSOCIATES, LLP
Attomeys for Plaintiff,
PRISCILLA MARTINEZ
150 Broadway
New York, New York 10038
(212) 285-3800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
PRISCILLA MARTINEZ,
Index No: 154062/2020
Plaintiff(s),
- against - VERIFICATION
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
X
I, SETH B. RUBINE, am an attorney admitted to pract!ce in the Courts of the State of
New York and the attorney for the answering defendants, RITE AID OF NEW YORK, INC.
incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC.sued
herein as CATS 3531BROADWAY, LLC, and LANCASTER REALTY MGMT. CORP., in the instant
action. I have read the foregoing ANSWER WITH AFFIRMATIVE DEFENSES and know the
contents thereof. The same is true of my own knowledge, except as to the matters thêrsiñ
alleged to be based upon information and belief and as to those matters that I believe to
be true. The reason for this verification is made by me and not the answering defendant is
that the answering defendant's principal place of business isin a county other than the
county where I maintain my office.
The grounds of my belief as to all matters not stat own knowledge are
as follows: the contents of the file which constitutes a ey work product.
Dated: Glen Rock, New Jersey
July 15, 2020
S H B. RUBIITE, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
INDEX NO. 154062/2020
PRISCILLA MARTINEZ,
Plaintiff(s),
- against -
RITE AID OF NEW YORK CITY INC., CATS 3531
BROADWAY, LLC,
Defendant(s).
VERIFIED ANSWER WITH AFFIRMATIVE DEFENSES
RUBINE + CHA, LLC
Attorneys for Defendants.
RITE AID OF NEW YORK, INC.
Incorrectly sued herein as RITE AID OF
NEW YORK CITY INC., and
R.A. REAL ESTATE INC. sued herein as
CATS 3531 BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, NJ 07452
Tel. (201) 857-5815
Fax. (877) 533-9898
9 of 9
Preview
FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 06/17/2021 "B" EXHIBIT FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 39 RECEIVEDINDEX NYSCEF: NO. 154062/2020 06/17/2021 (-FILED : NEW YORK COUNTY CLERK 07 /15 /_2 02 0 06 : 45 PM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------- -X PRISCILLA MARTINEZ, Index No: 154062/2020 Plaintiff (s), VERIFIED ANSWER TO - against - PLAINTIFF'S COMPLAINT WITH AFFIRMATIVE DEFENSES RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). X Defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, by and through their attcrñêys, RUBINE + CHA, LLC answers the Complaint of plaintiff, PRISCILLA MARTINEZ, upon information and belief as follows: 1. Answering defendants lack sufficient knowledge or information to admit or deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint. 2. Answering defendants lack sufficient knowledge or information to admit or deny the allegations as stated in the corresponding paragraph of the plaintiff'sComplaint. 3. Answering defendant, RITE AID OF NEW YORK, INC.incorrectly sued herein as RITE AID OF NEW YORK CITY INC., admits that at all times relevant, itwas and stillis a corporation doing business in the State of New York. 4. Answering defendant, RITE AID OF NEW YORK, INC.incorrectly sued herein as RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff's Complaint. 5. Admitted in part and denied in part. Answering defendant, RITE AID OF NEW YORK, INC. incorrsci|y sued herein as RITE AID OF NEW YORK CITY INC., admits that alltimes relevant, itoperated a Rite Aid retail pharmacy located at 3539 Broadway in New York, 1 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 INDEX No. 154062/2020 NYSCEF (FILED: DOC.NEWNO. YORK 39 COUNTY CLERK O7 / 15 / 2 02 O 06 : 45 PN RECEIVED NYSCEF: 06/17/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 New York. The remaining allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff'sComplaint are denied and all questions of law are referred to thisCourt. 6. Answering defendant, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of law are referred to this Court. 7. Answering defendant, RITE AID OF NEW YORK. INC.incorrectly sued herein as RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of law are referred to this Court. 8. Answsring defendant, RITE AID OF NEW YORK, INC.Incorrectly sued herein as RITE AID OF NEW YORK CITY INC., denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff'sComplaint and allquestions of law are referred to this Court. 9. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, admits that at alltimesrelevant, itwas and is a still corporation doing business in the State of New York. 10. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, admits that at alltimes relevant, itowned the premises !ocated at 3539 Broadway in New York, New York. I I. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, denies the a|iegations as stated and directed to this defendant in 2 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NEW NO. 39 RECEIVEDINDEX NYSCEF: NO. 154062/2020 06/17/2021 FILED: YORK COUNTY CLERK 07 /15 / 2020 06 : 45 PM_) NYSCEF DOC. NO. 7 RECEIVED NV8CEF: 07/15/2020 the corresponding paragraph of the plaintiff's Complaint and all questions of law are referred to this Court. 12. Answering defêñdant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff's Complaint and all questions of law are referred to this Court. 13. Answering defsadant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff's Complaint and all questions of law are referred to this Court. 14. Answering defendant, R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, denies the allegations as stated and directed to this defendant in the corresponding paragraph of the plaintiff's Complaint and all questions of law are referred to this Court. 15. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers all questions of law to this Court. 16. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers all questions of law to this Couri. 17. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers all questions of law to this Court. 18. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers all questions of law to this Court. 19. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers all questions of law to this Court. 3 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 INDEX NYSCEF: NO. 154062/2020 NYSCEF F I LEDDOC. : NEW NO. 39 YORK COUNTY CLERK 07 /15 / 2 02 0 0 6 : 45 P$ RECEIVED 06/17/2021 NY5CEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 20. Answering defendants deny the allegations as stated in the corresponding paragraph of the plaintiff's Complaint and refers allquestions of law to this Court. FIRST AFFIRMATIVE DEFENSE 21. Ifthe plaintiff sustained the Injuries and damages alleged in the Verified Complaint, the same were wholly caused by the culpable conduct of and/or assumption of the riskof the plaintiff and the answering defendants are entitled tojudgment dismissing the Verified Complaint in itsentirety with prejudice. 22. Ifthe plaintiff sustained the injuries and damages alleged in the Verified Complaint, then same were caused, If not in whole, then in part, by the culpable conduct and/or assumption of risk of the plaintiff and the answering defendants are entitled to judgment assassing and fixing the degree to which the culpable conduct of the plaintiffs contributed to said injuries and damages and the proportion to which such damages shall be diminished thereby. SACOND AFFIRMATIVE DIiFliNSE 23. If theplaintiff recovers any judgment against the answering defendants, then the answering defendants demand that any suchJudgment be diminished in accordance with Article 16 of the CPLR and more particularly, Section 1601 thereof. THIRD AFFIRMATIVE DEFENSM 24. Ifany past or future expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care orrehabilitative services, loss of eamings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined by CPLR 4545[c). Ifany damages are recoverable against the answering defendants, the amount of such damages shall be 4 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NEW NO. 39 RECEIVEDINDEX NYSCEF: NO. 154062/2020 06/17/2021 FILED: YORK COUNTY CLERK 07 /15 / 2 02 0 06 : 45 PM| NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 diminished by the amount of funds which plaintiff has or shall receive from such collateral source. EQURTH AFFIRMATIVE DEFENSE 25. Plaintiff,PRISClLLA MARTINEZ, claims and any right of recovery forher alleged damages must be barred, precluded, reduced, and/or limited due to the plaintiff's failure to mitigate her damages. fIFTH AFFIRMATIVE DEFENSE 26. Upon information and belief, the condition alleged In the plaintiff's Vedfied Complaint was open and obvious and not inherently dangerous. SIXTH AFFIRMATIVILDEFENSE 27. The injuries alleged by the plaintiff was not proximately caused by any culpable conduct or statutory violation by the answering defendants. SEVENTH AFFIRMATIVE DEFEM$E 28. Answering defendants did not create or have notice of the condition alleged in the Verified Complaint and, therefore, may not be held liable to the plaintiff for her alleged injuries. EIGHTH AFFIRMATIVE DEFENSE 29. Plaintiff's own culpable conduct was the sole proximate cause or contributing cause of the injuries and damages of which the plaintiff complains and, therefore, her recovery, ifany, should be barred or limited. NINTH AFFIRMATIVE DEFENSE 30. Plaiñtiff assumed the risksof the activities that she was engaged in at the time of the occurrence alleged in the Complaint. 5 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 39 RECEIVEDINDEX NYSCEF: NO. 154062/2020 06/17/2021 lFILED : NEW YORK COUNTY CLERK 07 /15 / 2 02 0 0 6 : 4 5 PM) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 31. The damages as allegedin the plaintiff's Verifisd Complaint were the result of the negligence, superseding negligence, and/or culpable conduct of third parties over whom the answering defendants exercised no control and with whom the answering defendants had no legal relationship. ELEVENTH AFFIRMATIVE DEFENSE 32. Ifthe plaintiff did sustain any injuries and damages as alleged, such injuries and damages were directly and proximately caused by independent, intervening and/or superseding acts or omissions which the answering defendants could not reasonably have foreseen and for which itis not responsible or liable. IWELFTH AFFIRMATIVE DEFENSE 33. Answering defendants acted reasonably and with due care and violated no duty owed to the plaintiff. THIRTEENTH AFFIRMATIVE DEFENSE 34. The plaintiff's Verified Complaint failsto state a claim upon which relief may be granted. 6 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC.NEWNO. 39 RECEIVED NO. INDEXNYSCEF: 154062/2020 06/17/2021 [FILED: YORK COUNTY CLERK 07 / 15 / 202 0 06 : 45 PM| NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 WHEREFORE, answering defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC, demand judgment dismissing the plaintiff's Verified Complaint in its entirety with prejudice and for such other and furtherrelief as this Honorable Court deems just and proper. Dated: Glen Rock, New Jersey 15, 2020 RUBI + A, LL July BY· . \ SEf B. RUBINE Q. Attorneys for Defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, New Jersey 07452 (201) 857-5815 *** Office*** New York 114 Old Country Road, Suite 560 Mineola, New York 11501 *** *** Reply to New Jersey Office TO: Peter May, Esq. SUBIN ASSOCIATES, LLP Attomeys for Plaintiff, PRISCILLA MARTINEZ 150 Broadway New York, New York 10038 (212) 285-3800 7 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NEW NO. 39 RECEIVEDINDEX NYSCEF: NO . 154062/2020 06/17/2021 |FILED: YORK COUNTY CLERK 07 / 15 / 2 02 0 06 : 45 PN| NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/15/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X PRISCILLA MARTINEZ, Index No: 154062/2020 Plaintiff(s), - against - VERIFICATION RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). X I, SETH B. RUBINE, am an attorney admitted to pract!ce in the Courts of the State of New York and the attorney for the answering defendants, RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE, INC.sued herein as CATS 3531BROADWAY, LLC, and LANCASTER REALTY MGMT. CORP., in the instant action. I have read the foregoing ANSWER WITH AFFIRMATIVE DEFENSES and know the contents thereof. The same is true of my own knowledge, except as to the matters thêrsiñ alleged to be based upon information and belief and as to those matters that I believe to be true. The reason for this verification is made by me and not the answering defendant is that the answering defendant's principal place of business isin a county other than the county where I maintain my office. The grounds of my belief as to all matters not stat own knowledge are as follows: the contents of the file which constitutes a ey work product. Dated: Glen Rock, New Jersey July 15, 2020 S H B. RUBIITE, ESQ. 8 of 9 FILED: NEW YORK COUNTY CLERK 06/17/2021 03:39 PM INDEX NO. 154062/2020 NYSCEF DOC. NEW NO. 39 RECEIVEDINDEXNYSCEF: NO. 154062/2020 06/17/2021 FILED: YORK COUNTY CLERK 07 /15/2020 06 : 45 PÑ NYSCEF DOC. NO. 7 RECEIVED Y5CEF: 07/15/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO. 154062/2020 PRISCILLA MARTINEZ, Plaintiff(s), - against - RITE AID OF NEW YORK CITY INC., CATS 3531 BROADWAY, LLC, Defendant(s). VERIFIED ANSWER WITH AFFIRMATIVE DEFENSES RUBINE + CHA, LLC Attorneys for Defendants. RITE AID OF NEW YORK, INC. Incorrectly sued herein as RITE AID OF NEW YORK CITY INC., and R.A. REAL ESTATE INC. sued herein as CATS 3531 BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, NJ 07452 Tel. (201) 857-5815 Fax. (877) 533-9898 9 of 9