Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LEONARD C. LEWIS, VERIFIED ANSWER
AND CROSS-CLAIM
Plaintiff(s),
Index No: 520719/17
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s),
The defendant(s), Luther M. Rufus, answering the Complaint herein:
First: Admit(s) each and every allegation in the paragraph(s) of the Complaint
designated as follows: 3.
Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint
designated as follows: 5, 6, 7, 8, and 11.
Third: Deny/denies any knowledge or information sufficient to form a belief as to the
truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
follows: 1, 2 and 4.
Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the
Complaint designated as follows, and refers all questions of law to the Court: 9.
Fifth: Deny/denies any knowledge or information sufficient to form a belief as to the
truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
follows, and refers all questions of law to the Court: 10.
The Defendant(s), Luther M. Rufus, Set(s) Forth the Following
Affirmative Defenses
Sixth: That whatever damage, personal injury, injury to property or wrongful death
the plaintiff(s) and/or the plaintiff(s)'s decedent may have sustained, ifany, at the time and place
2
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness,
negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of
the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence,
recklessness or culpable conduct upon the part of the answering defendant(s) caused or
contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff's
decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight
proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s)
and/or the plaintiff's decedent in causing the accident and any damages sustained.
Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered.
Eighth: Upon information and belief, some or all of the damages alleged in the
plaintiff(s)'s Complaint is/are barred and/or subject to the qualification of the provision of §
4545 of the CPLR.
Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the
defendant(s) plead(s) said fact in mitigation of damages.
Tenth: In the event that any person or entity liable or claimed to be liable for the
injuries or damages alleged in this action has been given or may hereafter be given a release or
covenant not to sue, the answering defendant(s) will be entitled to protection under New York
General Obligations Law 15-108 and the corresponding reduction of any damages that may be
determined to be due against the answering defendant(s).
Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their
own making and cannot be held liable for this accident.
Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged
accident.
3
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
As and for a Cross-complaint Against the Co-defendant(s),
Alton A. Ellis, the Defendant(s) Respectfully Allege(s)
Thirteenth:That if the plaintiff(s) was/were caused to sustain damages as alleged in the
Complaint other than through his/her/their own carelessness, recklessness or negligence, then all
such damages would have been caused and/or brought about, in whole or in material part, by the
affirmative recklessness or failure of due care of the co-
wrong doing, fault, negligence,
defendant(s), Alton A. Ellis, without any similar acts of the answering defendant(s) contributing
thereto, and in the event that the answering defendant(s) should be held liable for any amount of
damages caused to the plaintiff(s), then a separate determination should be made as to the
proportion of relative responsibility and culpable conduct of the co-defendant(s), Alton A. Ellis,
and said co-defendant(s) shall be held liable over the answering defendant(s) for the full amount
of any verdict or judgment that the plaintiff(s) may recover against the answering defendant(s) or
for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M.
Rufus.
Wherefore, the defendant(s), Luther M. Rufus, demand(s) judgment as follows:
a. dismissing the Complaint herein, together with the costs and disbursements of
this action; and
b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full
amount of any judgment which may be obtained herein by the plaintiff(s), Leonard C.
Lewis, against the answering defendant(s), or in such amount as the Court or Jury may
direct in accordance with the relative responsibilities and culpabilities of the parties.
4
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
Dated: Jericho, New York
April 16, 2018
Sincerely,
HARMON, LINDER & ROGOWSKY, ESQS. RICHARD T. LAU & ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Leonard C. Lewis Luther M. Rufus
3 Park Avenue P. O. Box 9040
23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260
New York, NY 10016 Jericho, NY 11753
(212) 732-3665 (516) 229-6000
HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171
Claim Number: 32-1466-9F9
LAW OFFICE OF MORRIS E. BARENBAUM
Personal Counsel for
Luther M. Rufus
1100 Coney Island Avenue
Suite 411
Brooklyn, NY 11230
(718) 252-8600
5
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned, an attorney admitted to practice in the courts of New York State,
shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Ilichard T. Lau &
Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the
foregoing Answer and Cross-claim and knows the coñteñts thereof; the same is true to
affirmant's own knowledge, except as to the matters therein stated to be alleged on information
and belief and that as to those matters affirmant believes it to be true. This verification is made
by affirmant and not by the defeñdañt(s), in that the defendant(s), is/are not within the county
where undersigned has his/her office.
The grounds of affirmant's belief as to allmatters not stated upon affirmant's knowledge
are as follows: investigations made relative to the subject matter, information and records in
his/her file.
The undersigned affirms that the foregoing statements are true,sunder the penalties of
perjury.
Dated: Jericho, NY
April 16, 2018
18NEWY09171
KATHLEEN E. FIORETTI, ESQ.
6
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019
NYSCEF -
Kings County Supreme Court
Confirmation Notice
This isan automated response for Supreme Court cases. The NYSCEF sitehas received your
electronically fileddom==4s for the following case.
520719/2017
LEONARD C LEWIS - v.- ALTON A ELLIS et al
Assigned Judge: None Recorded
Documents Received on 04/16/2018 12:22 PM
Doc # Document Type Motion #
5 ANSWER WITH CROSS-CLAIM(S)
Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e)
Filing User
Name: Melinda Margaret Kiss
Phone #: E-mail Address: neas.Iaw.flecker@statefarm.com
Fax #: Work Address: 300 Jericho Quadrangle Ste 260
Jericho, NY 11753
E-mail Notifications
An e-mail riGuncanan regarding this filinghas been sent to the following add----ss(es) on
04/16/2018 12:22 PM:
MELINDA MARGARET - neas.Iaw.flecker@statefar=.com
KISS,
MARK - Harmon.Linder.Rogowsky@gmail.com
LINDER,
NOTE: Ifs:±=!M!ng a working copy of this filing to the court, you must include
as a notification page firmly affixed thereto a copy of this ConS-stion Notice.
Hon. Nancy T. Sunshine, Kings County Clerk and Clerkof theSupreme Court - kcco-efile@nycourts.gov
Phone: Phone: 347-404-9766or 347404-9762 Website:https://=== nyca•r+sg -÷/cuüito/2jd/kir-judwMedex.shim!
NYSCEF Resource Center - EFile@nycourts.gov
Phone: (646) 386-3033 Fax: (212) 401-9146 Website: www.nycourts.gov/efile
Page 1 of 1
Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LEONARD C. LEWIS, VERIFIED ANSWER AND CROSS-CLAIM Plaintiff(s), Index No: 520719/17 -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s), The defendant(s), Luther M. Rufus, answering the Complaint herein: First: Admit(s) each and every allegation in the paragraph(s) of the Complaint designated as follows: 3. Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint designated as follows: 5, 6, 7, 8, and 11. Third: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows: 1, 2 and 4. Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 9. Fifth: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 10. The Defendant(s), Luther M. Rufus, Set(s) Forth the Following Affirmative Defenses Sixth: That whatever damage, personal injury, injury to property or wrongful death the plaintiff(s) and/or the plaintiff(s)'s decedent may have sustained, ifany, at the time and place 2 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness, negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence, recklessness or culpable conduct upon the part of the answering defendant(s) caused or contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff's decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s) and/or the plaintiff's decedent in causing the accident and any damages sustained. Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered. Eighth: Upon information and belief, some or all of the damages alleged in the plaintiff(s)'s Complaint is/are barred and/or subject to the qualification of the provision of § 4545 of the CPLR. Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the defendant(s) plead(s) said fact in mitigation of damages. Tenth: In the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given or may hereafter be given a release or covenant not to sue, the answering defendant(s) will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction of any damages that may be determined to be due against the answering defendant(s). Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their own making and cannot be held liable for this accident. Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged accident. 3 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 As and for a Cross-complaint Against the Co-defendant(s), Alton A. Ellis, the Defendant(s) Respectfully Allege(s) Thirteenth:That if the plaintiff(s) was/were caused to sustain damages as alleged in the Complaint other than through his/her/their own carelessness, recklessness or negligence, then all such damages would have been caused and/or brought about, in whole or in material part, by the affirmative recklessness or failure of due care of the co- wrong doing, fault, negligence, defendant(s), Alton A. Ellis, without any similar acts of the answering defendant(s) contributing thereto, and in the event that the answering defendant(s) should be held liable for any amount of damages caused to the plaintiff(s), then a separate determination should be made as to the proportion of relative responsibility and culpable conduct of the co-defendant(s), Alton A. Ellis, and said co-defendant(s) shall be held liable over the answering defendant(s) for the full amount of any verdict or judgment that the plaintiff(s) may recover against the answering defendant(s) or for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M. Rufus. Wherefore, the defendant(s), Luther M. Rufus, demand(s) judgment as follows: a. dismissing the Complaint herein, together with the costs and disbursements of this action; and b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full amount of any judgment which may be obtained herein by the plaintiff(s), Leonard C. Lewis, against the answering defendant(s), or in such amount as the Court or Jury may direct in accordance with the relative responsibilities and culpabilities of the parties. 4 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 Dated: Jericho, New York April 16, 2018 Sincerely, HARMON, LINDER & ROGOWSKY, ESQS. RICHARD T. LAU & ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Leonard C. Lewis Luther M. Rufus 3 Park Avenue P. O. Box 9040 23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260 New York, NY 10016 Jericho, NY 11753 (212) 732-3665 (516) 229-6000 HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171 Claim Number: 32-1466-9F9 LAW OFFICE OF MORRIS E. BARENBAUM Personal Counsel for Luther M. Rufus 1100 Coney Island Avenue Suite 411 Brooklyn, NY 11230 (718) 252-8600 5 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 STATE OF NEW YORK, COUNTY OF NASSAU The undersigned, an attorney admitted to practice in the courts of New York State, shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Ilichard T. Lau & Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the foregoing Answer and Cross-claim and knows the coñteñts thereof; the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters affirmant believes it to be true. This verification is made by affirmant and not by the defeñdañt(s), in that the defendant(s), is/are not within the county where undersigned has his/her office. The grounds of affirmant's belief as to allmatters not stated upon affirmant's knowledge are as follows: investigations made relative to the subject matter, information and records in his/her file. The undersigned affirms that the foregoing statements are true,sunder the penalties of perjury. Dated: Jericho, NY April 16, 2018 18NEWY09171 KATHLEEN E. FIORETTI, ESQ. 6 FILED: KINGS COUNTY CLERK 01/08/2019 01:32 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 01/08/2019 NYSCEF - Kings County Supreme Court Confirmation Notice This isan automated response for Supreme Court cases. The NYSCEF sitehas received your electronically fileddom==4s for the following case. 520719/2017 LEONARD C LEWIS - v.- ALTON A ELLIS et al Assigned Judge: None Recorded Documents Received on 04/16/2018 12:22 PM Doc # Document Type Motion # 5 ANSWER WITH CROSS-CLAIM(S) Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) Filing User Name: Melinda Margaret Kiss Phone #: E-mail Address: neas.Iaw.flecker@statefarm.com Fax #: Work Address: 300 Jericho Quadrangle Ste 260 Jericho, NY 11753 E-mail Notifications An e-mail riGuncanan regarding this filinghas been sent to the following add----ss(es) on 04/16/2018 12:22 PM: MELINDA MARGARET - neas.Iaw.flecker@statefar=.com KISS, MARK - Harmon.Linder.Rogowsky@gmail.com LINDER, NOTE: Ifs:±=!M!ng a working copy of this filing to the court, you must include as a notification page firmly affixed thereto a copy of this ConS-stion Notice. Hon. Nancy T. Sunshine, Kings County Clerk and Clerkof theSupreme Court - kcco-efile@nycourts.gov Phone: Phone: 347-404-9766or 347404-9762 Website:https://=== nyca•r+sg -÷/cuüito/2jd/kir-judwMedex.shim! NYSCEF Resource Center - EFile@nycourts.gov Phone: (646) 386-3033 Fax: (212) 401-9146 Website: www.nycourts.gov/efile Page 1 of 1