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FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF FRANKLIN
ALLYN WOODCOCK, IH, Index No. E2022-43
. Plaintiff,
-vs- ANSWER TO AMENDED
COMPLAINT
SALMON RIVER CENTRAL SCHOOL DISTRICT, .
SALMON RIVER CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION, C & S TECHNICAL
RESOURCES, INC. and BURNS BROS.
CONTRACTORS, LLC,
Defendants.
Defendant C & S Technical Resources, Inc., by its attorneys Costello, Cooney & Fearon,
PLLC, alleges and shows to the Court as follows:
"5"
1. ADMITS the allegations contained in paragraph of the complaint.
"15"
2. ADMITS to the allegations contained in paragraph of the complaint to the
extent that C & S Technical Resources, Inc. entered into a contract with Salmon River Central
School District to act as a construction manager, but DENIES knowledge and information
sufficient to form a belief with regard to the remaining allegations and therefore DENIES the
same.
3. DENIES KNOWLEDGE OR INFORMATION sufficient to form a belief with
respect to paragraphs "1", "2", "3", "4", "6", "7", "8", "9", "10", "11", "12", "13", "16", "17",
"37" "38"
"18", "19", "20", "21", "22", "23", "29", and of the complaint and therefore DENIES
the same.
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4. DENIES the allegations contained in paragraphs "14", "15", "24",. "25", "26",
"27", "28", "30", "31", "32", "33", "34", "36", "39", "40", "41", "43", "44", "45", "46", "47",
"58" "59"
"48", "49", "51", "52", "56", "57", and of the complaint.
''50"
5. With respect to paragraphs "35", "42", and "55", defendant repeats, reiterates
and realleges each and every admission and denial heretofore made with the same force and effect
as if more fully set forth herein.
6. DENIES each and every other allegation not herein specifically admitted, denied
or otherwise controverted.
AS AND FOR A FIRST
AFFIRMATIVE DEFENSE
7. Upon information and belief, some or all of the damages alleged in the plaintiff's
complaint are barred and/or subject to the qualifications of the provision of Section 4545 of the Civil
Practice Law and Rules.
AS AND FOR A SECOND
AFFIRMATIVE DEFENSE
8. In the event of any prior or subsequent settlement entered into between plaintiff and
another person or persons liable, or claimed to be liable, in tort for the same injury complained of herein,
defendant asserts all relevant provisions of General Obligations Law § 15-108.
AS AND FOR A THIRD
AFFIRMATIVE DEFENSE
9. Upon information and belief, the plaintiff's damages, if any, were brought about either in
whole or in part by the plaintiff's own culpable conduct without any negligence, fault or want of care on
the part of the defendant.
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10. virtue of the in the event judgment or is made plaintiff, i1
By foregoing, any recovery by
should be reduced in accordance with Section 1411 of the Civil Practice Law and Rules.
AS AND FOR A FOURTH
AFFIRMATIVE DEFENSE
11. Upon information and belief, the plaintiff's damages, if any, were brought about either in
whole or in part by the culpable conduct of others over whom this answering defendant has no authority,
control or dominion and without any negligence, fault or want of care on the part of the defendant.
AS AND FOR A FIFTH
AFFIRMATIVE DEFENSE
12. The liability, if any, of the defendant is limited by operation of Article 16 of the Civil
Practice Law and Rules.
AS AND FOR A SIXTH
AFFIRMATIVE DEFENSE
13. Upon information and belief, plaintiff failed to properly mitigate and/or minimize
plaintiff's alleged damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AND
BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANTS SALMON RIVER
CENTRAL SCHOOL DISTRICT AND SALMON RIVER CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION, DEFENDANT
C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS:
14. Upon information and belief, all or part of plaintiff's damages, if any, were brought
about by the culpable conduct of the co-defendants, Salmon River Central School District and
Salmon River Central School District Board of Education, and by reason thereof, the defendant
C & S Technical Resources, Inc., is entitled to judgment against the co-defendant, Salmon River
Central School District and Salmon River Central School District Board of Education, in
contribution and/or indemnity, by contract and/or under common law, for any damages for which
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the answering defendant may be liable to the plaintiff.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE AND
BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANT BURNS BROS.
CONTRACTORS, LLC, DEFENDANT C & S TECHNICAL RESOURCES, INC.,
ALLEGES AS FOLLOWS:
15. Upon information and belief, all or part of plaintiff's damages, if any, were brought
about by the culpable conduct of the co-defendant Burns Bros. Contractors, LLC, and by reason
thereof, the defendant C & S Technical Resources, Inc. is entitled to judgment against the
co-defendants Burns Bros. Contractors, LLC, in contribution and/or indemnity, by contract and/or
under common law, for any damages for which the answering defendant may be liable to the
plaintiff.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE AND
BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANTS SALMON RIVER
CENTRAL SCHOOL DISTRICT AND SALMON RIVER CENTRAL SCHOOL
DISTRICT BOARD OF EDUCATION, DEFENDANT
C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS:
[ 16. Upon information and belief, and at all times herein relevant, co-defendants
Salmon River Central School District and Salmon River Central School District Board of
Education agreed to provide liability insurance coverage for defendant C & S Technical
Resources, Inc. relating to the construction project in question.
17. Upon information and belief, co-defendants Salmon River Central School District
and Salmon River Central School District Board of Education did not procure said insurance and
has, therefore, breached its agreement with defendant C & S Technical Resources, Inc.
18. Upon information and belief, if co-defendants Salmon River Central School
District and Salmon River Central School District Board of Education had procured said insurance
policy for the protection of defendant C & S Technical Resources, Inc., such policy would have
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provided coverage to defendant C & S Technical Resources, Inc. for the claims of the plaintiff in
this action.
19. Based upon the foregoing, ifplaintiff obtains judgment against defendant C & S
Technical Resources, Inc., defendant C & S Technical Resources, Inc. will be damaged thereby
and co-defendants Salmon River Central School District and Salmon River Central School District
Board of Education will be liable for the amount of judgment against C & S Technical Resources,
Inc.
20. Additionally, notwithstanding whether plaintiff recovers a judgment, Defendants
Salmon River Central School District and Salmon River Central School District Board of
Education will be liable to C & S Technical Resources, Inc. for costs, disbursements and attorney
fees incurred by C & S Technical Resources, Inc. in the defense of plaintiff's action.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE AND
BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANT
BURNS BROS. CONTRACTORS, LLC, DEFENDANT
C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS:
21. Upon information and belief, and at all times herein relevant, co-defendant Burns
Bros. Contractors, LLC agreed to provide liability insurance coverage for defendant C & S
Technical Resources, Inc. relating to work co-defendant Burns Bros. Contractors, LLC was
conducting on the premises.
22. Upon information and belief, co-defendant Burns Bros. Contractors, LLC did not
procure said insurance and has, therefore, breached itsagreement with defendant C & S Technical
Resources, Inc.
23. Upon information and belief, if co-defendant Burns Bros. Contractors, LLC had
procured said insurance policy for the protection of defendant C & S Technical Resources, Inc.,
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such policy would have provided coverage to defendant C & S Technical Resources, Inc. for the
claims of the plaintiff in this action.
24. Based upon the foregoing, if plaintiff obtains judgment against defendant C & S
Technical Resources, Inc., defendant C & S Technical Resources, Inc. will be damaged thereby
and co-defendant Burns Bros. Contractors, LLC will be liable for the amount of judgment against
C & S Technical Resources, Inc.
25. Additionally, notwithstanding whether plaintiff recovers a judgment, Defendant
Burns Bros. Contractors, LLC will be liable to C & S Technical Resources, Inc. for costs,
disbursements and attorney fees incurred by C & S Technical Resources, Inc. in the defense of
plaintiff's action.
WHEREFORE, defendant C & S Technical Resources, Inc. demands judgment
dismissing the complaint, or in the alternative, judgment reducing the liabilities of the parties to
this action due to plaintiff's culpable conduct, or further in the alternative, a determination of the
o respective liabilities of all the parties to .this and judgement against co-defendants for
action,
breach of contract, together with the costs and disbursements of this action and such other and
further relief as to this Court may seem just and proper.
DATED: March 4, 2022
COSTE O, COONEY & EARON, PLLC
M REEN G. FAT HERIC
A orneys for the Defendant,
C & S Technical Resources, Inc.
Office and Post Office Address
211 West Jefferson Street
Syracuse, NY 13202
Telephone: (315) 422-1152
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TO: PETER J. HICKEY, ESQ.
Attorneys for the Plaintiff
Office and Post Office Address
Martin, Harding & Mazzotti, LLP
1 Wall Street
PO Box 15141
Albany, New York 12212
Telephone: (518) 862-1200
THOMAS E. KELLY, ESQ.
Attorneys for Defendants,
Salmon River Central School District
and Salmon River School District Board of Education
Office and Post Office Address
Kelly & Leonard, LLP
20 Fenwick Street
Ballston Spa, New York 12020
Telephone: (518) 884-0080
BURNS BROS. CONTRACTORS, LLC
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Preview
FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF FRANKLIN ALLYN WOODCOCK, IH, Index No. E2022-43 . Plaintiff, -vs- ANSWER TO AMENDED COMPLAINT SALMON RIVER CENTRAL SCHOOL DISTRICT, . SALMON RIVER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, C & S TECHNICAL RESOURCES, INC. and BURNS BROS. CONTRACTORS, LLC, Defendants. Defendant C & S Technical Resources, Inc., by its attorneys Costello, Cooney & Fearon, PLLC, alleges and shows to the Court as follows: "5" 1. ADMITS the allegations contained in paragraph of the complaint. "15" 2. ADMITS to the allegations contained in paragraph of the complaint to the extent that C & S Technical Resources, Inc. entered into a contract with Salmon River Central School District to act as a construction manager, but DENIES knowledge and information sufficient to form a belief with regard to the remaining allegations and therefore DENIES the same. 3. DENIES KNOWLEDGE OR INFORMATION sufficient to form a belief with respect to paragraphs "1", "2", "3", "4", "6", "7", "8", "9", "10", "11", "12", "13", "16", "17", "37" "38" "18", "19", "20", "21", "22", "23", "29", and of the complaint and therefore DENIES the same. 1 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 4. DENIES the allegations contained in paragraphs "14", "15", "24",. "25", "26", "27", "28", "30", "31", "32", "33", "34", "36", "39", "40", "41", "43", "44", "45", "46", "47", "58" "59" "48", "49", "51", "52", "56", "57", and of the complaint. ''50" 5. With respect to paragraphs "35", "42", and "55", defendant repeats, reiterates and realleges each and every admission and denial heretofore made with the same force and effect as if more fully set forth herein. 6. DENIES each and every other allegation not herein specifically admitted, denied or otherwise controverted. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7. Upon information and belief, some or all of the damages alleged in the plaintiff's complaint are barred and/or subject to the qualifications of the provision of Section 4545 of the Civil Practice Law and Rules. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8. In the event of any prior or subsequent settlement entered into between plaintiff and another person or persons liable, or claimed to be liable, in tort for the same injury complained of herein, defendant asserts all relevant provisions of General Obligations Law § 15-108. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. Upon information and belief, the plaintiff's damages, if any, were brought about either in whole or in part by the plaintiff's own culpable conduct without any negligence, fault or want of care on the part of the defendant. 2 2 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 10. virtue of the in the event judgment or is made plaintiff, i1 By foregoing, any recovery by should be reduced in accordance with Section 1411 of the Civil Practice Law and Rules. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. Upon information and belief, the plaintiff's damages, if any, were brought about either in whole or in part by the culpable conduct of others over whom this answering defendant has no authority, control or dominion and without any negligence, fault or want of care on the part of the defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. The liability, if any, of the defendant is limited by operation of Article 16 of the Civil Practice Law and Rules. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. Upon information and belief, plaintiff failed to properly mitigate and/or minimize plaintiff's alleged damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AND BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANTS SALMON RIVER CENTRAL SCHOOL DISTRICT AND SALMON RIVER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANT C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS: 14. Upon information and belief, all or part of plaintiff's damages, if any, were brought about by the culpable conduct of the co-defendants, Salmon River Central School District and Salmon River Central School District Board of Education, and by reason thereof, the defendant C & S Technical Resources, Inc., is entitled to judgment against the co-defendant, Salmon River Central School District and Salmon River Central School District Board of Education, in contribution and/or indemnity, by contract and/or under common law, for any damages for which 3 3 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 the answering defendant may be liable to the plaintiff. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE AND BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANT BURNS BROS. CONTRACTORS, LLC, DEFENDANT C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS: 15. Upon information and belief, all or part of plaintiff's damages, if any, were brought about by the culpable conduct of the co-defendant Burns Bros. Contractors, LLC, and by reason thereof, the defendant C & S Technical Resources, Inc. is entitled to judgment against the co-defendants Burns Bros. Contractors, LLC, in contribution and/or indemnity, by contract and/or under common law, for any damages for which the answering defendant may be liable to the plaintiff. AS AND FOR A NINTH AFFIRMATIVE DEFENSE AND BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANTS SALMON RIVER CENTRAL SCHOOL DISTRICT AND SALMON RIVER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANT C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS: [ 16. Upon information and belief, and at all times herein relevant, co-defendants Salmon River Central School District and Salmon River Central School District Board of Education agreed to provide liability insurance coverage for defendant C & S Technical Resources, Inc. relating to the construction project in question. 17. Upon information and belief, co-defendants Salmon River Central School District and Salmon River Central School District Board of Education did not procure said insurance and has, therefore, breached its agreement with defendant C & S Technical Resources, Inc. 18. Upon information and belief, if co-defendants Salmon River Central School District and Salmon River Central School District Board of Education had procured said insurance policy for the protection of defendant C & S Technical Resources, Inc., such policy would have 4 4 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 provided coverage to defendant C & S Technical Resources, Inc. for the claims of the plaintiff in this action. 19. Based upon the foregoing, ifplaintiff obtains judgment against defendant C & S Technical Resources, Inc., defendant C & S Technical Resources, Inc. will be damaged thereby and co-defendants Salmon River Central School District and Salmon River Central School District Board of Education will be liable for the amount of judgment against C & S Technical Resources, Inc. 20. Additionally, notwithstanding whether plaintiff recovers a judgment, Defendants Salmon River Central School District and Salmon River Central School District Board of Education will be liable to C & S Technical Resources, Inc. for costs, disbursements and attorney fees incurred by C & S Technical Resources, Inc. in the defense of plaintiff's action. AS AND FOR A TENTH AFFIRMATIVE DEFENSE AND BY WAY OF A CROSS-CLAIM AGAINST THE CO-DEFENDANT BURNS BROS. CONTRACTORS, LLC, DEFENDANT C & S TECHNICAL RESOURCES, INC., ALLEGES AS FOLLOWS: 21. Upon information and belief, and at all times herein relevant, co-defendant Burns Bros. Contractors, LLC agreed to provide liability insurance coverage for defendant C & S Technical Resources, Inc. relating to work co-defendant Burns Bros. Contractors, LLC was conducting on the premises. 22. Upon information and belief, co-defendant Burns Bros. Contractors, LLC did not procure said insurance and has, therefore, breached itsagreement with defendant C & S Technical Resources, Inc. 23. Upon information and belief, if co-defendant Burns Bros. Contractors, LLC had procured said insurance policy for the protection of defendant C & S Technical Resources, Inc., 5 5 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 such policy would have provided coverage to defendant C & S Technical Resources, Inc. for the claims of the plaintiff in this action. 24. Based upon the foregoing, if plaintiff obtains judgment against defendant C & S Technical Resources, Inc., defendant C & S Technical Resources, Inc. will be damaged thereby and co-defendant Burns Bros. Contractors, LLC will be liable for the amount of judgment against C & S Technical Resources, Inc. 25. Additionally, notwithstanding whether plaintiff recovers a judgment, Defendant Burns Bros. Contractors, LLC will be liable to C & S Technical Resources, Inc. for costs, disbursements and attorney fees incurred by C & S Technical Resources, Inc. in the defense of plaintiff's action. WHEREFORE, defendant C & S Technical Resources, Inc. demands judgment dismissing the complaint, or in the alternative, judgment reducing the liabilities of the parties to this action due to plaintiff's culpable conduct, or further in the alternative, a determination of the o respective liabilities of all the parties to .this and judgement against co-defendants for action, breach of contract, together with the costs and disbursements of this action and such other and further relief as to this Court may seem just and proper. DATED: March 4, 2022 COSTE O, COONEY & EARON, PLLC M REEN G. FAT HERIC A orneys for the Defendant, C & S Technical Resources, Inc. Office and Post Office Address 211 West Jefferson Street Syracuse, NY 13202 Telephone: (315) 422-1152 6 6 of 7 FILED: FRANKLIN COUNTY CLERK 03/08/2022 08:59 AM INDEX NO. E2022-43 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/08/2022 TO: PETER J. HICKEY, ESQ. Attorneys for the Plaintiff Office and Post Office Address Martin, Harding & Mazzotti, LLP 1 Wall Street PO Box 15141 Albany, New York 12212 Telephone: (518) 862-1200 THOMAS E. KELLY, ESQ. Attorneys for Defendants, Salmon River Central School District and Salmon River School District Board of Education Office and Post Office Address Kelly & Leonard, LLP 20 Fenwick Street Ballston Spa, New York 12020 Telephone: (518) 884-0080 BURNS BROS. CONTRACTORS, LLC 7 7 of 7