On April 23, 2021 a
Answer
was filed
involving a dispute between
Brandon Irons,
and
Ajm Management Services, Inc.,
Plaza Nomeg, Llc,
Salt City Property Management, Llc,
Summit Realty Management, Llc,
for Torts - Other Negligence (premises liability)
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
===================================
BRANDON IRONS,
Plaintiff ANSWER
-against- Index No: 003865/2021
AJM MANAGEMENT SERVICES, INC and SALT CITY
PROPERTY MANAGEMENT, LLC
Defendants.
===================================
Defendant, Salt City Property Management, LLC above named, appearing by Santacrose &
Frary, its attorneys, Answering the Complaint of the Plaintiff herein states:
FIRST: Denies any knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraphs designated "1", “2”, “4”, “5” and “6” of the Complaint.
SECOND: Admits each and every allegation contained in paragraph designated “3” of the
Complaint.
THIRD: Denies each and every allegation contained in paragraphs designated "7" and
“8” of the Complaint.
AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS
FOURTH: Repeat and reiterate all the admissions and denials contained in the foregoing
answer with reference to paragraphs designated “1” through “8” as repeated in paragraph designated
“9” of the Complaint.
FIFTH: Denies each and every allegation contained in paragraphs designated "10", “11”,
“12”,”13” “14”, “15 and “16” of the Complaint.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS
SIXTH: Repeat and reiterate all the admissions and denials contained in the foregoing
answer with reference to paragraphs designated “1” through “16” as repeated in paragraph designated
“17” of the Complaint.
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FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021
SEVENTH: Denies each and every allegation contained in paragraph designated “18” of the
Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
EIGHTH: That whatever injuries and damages the Plaintiffs may have sustained as alleged
in the Complaint herein were caused, in whole or in part by the culpable conduct of the Plaintiffs,
including comparative negligence and assumption of risk of the Plaintiffs and Plaintiffs damages should
be reduced by such culpable conduct.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
NINTH: That Plaintiffs has failed to mitigate damages.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TENTH: That if Plaintiffs economic losses were replaced or indemnified from collateral
sources, then this/these Defendants is/are entitled to have the Court consider these pursuant to CPLR
4545.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
ELEVENTH: That the Plaintiffs has not secured personal jurisdiction in Plaintiffs
cause of action over the person of the Defendants.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TWELFTH: That the Plaintiffs fails to state a cause of action in his/her complaint as to the
Defendants.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
THIRTEENTH: That Defendants liability, if any, is limited pursuant to Article 16 of the
CPLR.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
FOURTEENTH: That the action alleged in the Complaint herein was not commenced
within the time prescribed therefore by the laws of the State of New York, and is therefore barred by
the passage of time.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
FIFTEENTH: If any negligence or fault or want of care other than that of the Plaintiffs
caused or contributed to cause the injuries alleged in the Complaint, it was the negligence, fault or want
of care of some third person for whose negligence or fault or want of care this Defendants is not and
was not responsible.
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FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
SIXTEENTH: That whatever damages were sustained by Plaintiffs were the result of
Acts of God, and other facts, circumstances and conditions beyond the control of this/these
Defendants, including emergency events that were not caused by this/these answering Defendants and
which made the mishap unavoidable.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
SEVENTEENTH: The Plaintiffs herein has failed to name a necessary party and
Defendants will request this party be added on the verdict at trial.
WHEREFORE, Defendants demands judgment dismissing the Complaint of the Plaintiffs
herein, for judgment of full or partial indemnity or contribution over and against the (Codefendant),
together with the costs and disbursements of this action.
DATED: Albany, New York
June 24, 2021
Justin P. Harmon, Esq.
SANTACROSE & FRARY
Attorneys for Defendant
Salt City Property Management, LLC
Physical Address
Electric Tower – Suite 403
535 Washington Street
Buffalo, New York 14203
Telephone: 518-452-0802
Mailing Address
P.O. Box 6835
Scranton, PA 18505-6835
TO: Thomas P. Welch, Esq.
Stanley Law Offices
Attorney for Plaintiff
215 Burnet Avenue
Syracuse, New York 13202
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Document Filed Date
June 24, 2021
Case Filing Date
April 23, 2021
Category
Torts - Other Negligence (premises liability)
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FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA =================================== BRANDON IRONS, Plaintiff ANSWER -against- Index No: 003865/2021 AJM MANAGEMENT SERVICES, INC and SALT CITY PROPERTY MANAGEMENT, LLC Defendants. =================================== Defendant, Salt City Property Management, LLC above named, appearing by Santacrose & Frary, its attorneys, Answering the Complaint of the Plaintiff herein states: FIRST: Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "1", “2”, “4”, “5” and “6” of the Complaint. SECOND: Admits each and every allegation contained in paragraph designated “3” of the Complaint. THIRD: Denies each and every allegation contained in paragraphs designated "7" and “8” of the Complaint. AS AND FOR A FIRST CAUSE OF ACTION AGAINST THE DEFENDANTS FOURTH: Repeat and reiterate all the admissions and denials contained in the foregoing answer with reference to paragraphs designated “1” through “8” as repeated in paragraph designated “9” of the Complaint. FIFTH: Denies each and every allegation contained in paragraphs designated "10", “11”, “12”,”13” “14”, “15 and “16” of the Complaint. AS AND FOR A SECOND CAUSE OF ACTION AGAINST THE DEFENDANTS SIXTH: Repeat and reiterate all the admissions and denials contained in the foregoing answer with reference to paragraphs designated “1” through “16” as repeated in paragraph designated “17” of the Complaint. 1 of 3 FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021 SEVENTH: Denies each and every allegation contained in paragraph designated “18” of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE EIGHTH: That whatever injuries and damages the Plaintiffs may have sustained as alleged in the Complaint herein were caused, in whole or in part by the culpable conduct of the Plaintiffs, including comparative negligence and assumption of risk of the Plaintiffs and Plaintiffs damages should be reduced by such culpable conduct. AS AND FOR A SECOND AFFIRMATIVE DEFENSE NINTH: That Plaintiffs has failed to mitigate damages. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TENTH: That if Plaintiffs economic losses were replaced or indemnified from collateral sources, then this/these Defendants is/are entitled to have the Court consider these pursuant to CPLR 4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE ELEVENTH: That the Plaintiffs has not secured personal jurisdiction in Plaintiffs cause of action over the person of the Defendants. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TWELFTH: That the Plaintiffs fails to state a cause of action in his/her complaint as to the Defendants. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIRTEENTH: That Defendants liability, if any, is limited pursuant to Article 16 of the CPLR. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE FOURTEENTH: That the action alleged in the Complaint herein was not commenced within the time prescribed therefore by the laws of the State of New York, and is therefore barred by the passage of time. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE FIFTEENTH: If any negligence or fault or want of care other than that of the Plaintiffs caused or contributed to cause the injuries alleged in the Complaint, it was the negligence, fault or want of care of some third person for whose negligence or fault or want of care this Defendants is not and was not responsible. 2 of 3 FILED: ONONDAGA COUNTY CLERK 06/24/2021 08:50 AM INDEX NO. 003865/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/24/2021 AS AND FOR A NINTH AFFIRMATIVE DEFENSE SIXTEENTH: That whatever damages were sustained by Plaintiffs were the result of Acts of God, and other facts, circumstances and conditions beyond the control of this/these Defendants, including emergency events that were not caused by this/these answering Defendants and which made the mishap unavoidable. AS AND FOR A TENTH AFFIRMATIVE DEFENSE SEVENTEENTH: The Plaintiffs herein has failed to name a necessary party and Defendants will request this party be added on the verdict at trial. WHEREFORE, Defendants demands judgment dismissing the Complaint of the Plaintiffs herein, for judgment of full or partial indemnity or contribution over and against the (Codefendant), together with the costs and disbursements of this action. DATED: Albany, New York June 24, 2021 Justin P. Harmon, Esq. SANTACROSE & FRARY Attorneys for Defendant Salt City Property Management, LLC Physical Address Electric Tower – Suite 403 535 Washington Street Buffalo, New York 14203 Telephone: 518-452-0802 Mailing Address P.O. Box 6835 Scranton, PA 18505-6835 TO: Thomas P. Welch, Esq. Stanley Law Offices Attorney for Plaintiff 215 Burnet Avenue Syracuse, New York 13202 3 of 3