Preview
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021
EXHIBIT 2
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021
NYSCEF DOC. No. 4 RECEIVED NYSCEF: 02/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
RODOLFO RINCON MENDEZ,
ANSWER
Plaintiff,
-against- Index No.35130/2019E
YOMALI VASQUEZ and AMANDALY
VASQUEZ,
Defendants.
X
The Defendants, YOMALI VASQUEZ and AMANDALY VASQUEZ, by Law
Offices of John Trop, as and for their Answer to the Ce:nphirt herein, allege as follows:
1. Deny any knowledge or infor-_eden sufficient to form a belief as to the allegations
contained in paragraphs deaignated as 1, 4, 5, 8, 9, 10, 14, 15, and 16 of the Complaint herein.
2. Upon infbñsation and belieÇ deny each and every allegation ce±ined in paragraphs
designated as 11, 12, 17, 19, 20, 21, and 22 of the Complaint herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
damages suswaad the Plaintiff were caused the culpable conduct of
Any by by
the Plaintiff, including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of these answering Defendants.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THESE ANSWER1NG DEFENDANTS ALLEGE:
Upon information and belief, Plaintiff failed to use or misused seat belts, and
thereby contributed to the alleged injuries.
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That to the extent plaintiff recovers any damages for the cost of medical care,
dental care, custodial care or rehabilitation services, loss of eamings and/or ecenemic loss, the
amount of the award shall be reduced the sum total of all collateral reimbunements, from
by
whatever source, whether it be insurance, social security payments, no fault payments, Workers
Compensation, e=ployee benefits or other such programs, in accordance with the provisions of
the CPLR 4545.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THESE ANSWERDVG DEFENDANTS ALLEGE:
In the event that any person or entity liable or claimad to be liable for the injury
alleged in this action has been given or may hereafter be given a release or covenant not to sue,
defendant will be entitled to protection under General Obligations Law 15-108 and the
corresponding Muetion of any damages which may be determined to be due against this
answering defendant.
WHEREFORE, this answering Defendants demand judgment éæheng the
Complaint herein with costs.
DATED: Tarrytown, NY
February 03, 2020
Yours, etc.,
Law Offices of John Trop
Bryan J. Kelly, Esq.
Attorney for Defendants
YOMALI VASQUEZ and AMANDALY
VASQUEZ
120 White Plains Road, Suite 200
Tarrytown, NY 10591
Telephone: (914) 620-0096
Our File No. 0547383240.1-
2
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021
....-. -.,- ---.... -.- ..., --, .....- . ,
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020
TO: LATOS LATOS & ASSOCIATES, PC
TRIAL COUNSEL FOR THE LAWFIRM
OF MITCHELL KLAFTER, P.C.
Attorneys for Plaintiff
23-25 31st Street, Suite 410
Astoria, New York 11105
(718) 721-5740
3
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020
CERTIFICATION
February 03, 2020
Mendez vs. Vasquez
Index No. 35130/2019E
Our File No. 0547383240.1
The following documents are hereby certified:
ANSWER, COMBINED DEMAND, DEMAND FOR VEREFIED BILL OF PARTICULARS,
MEDICAL REPORTS, NOTICE OF EXAMINATION BEFORE TRIAL, DEMAND
PURSUANT TO C.P.LR. 306(a), NOTICE DECLMING SERVICE BY FAX, DEMAND
FOR MEDICARE REIMBURSEMENT 1NFORMATION, AUTHORIZATION FOR
RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA, MEDICAID
AUTHORIZATION, AND MEDICARE AUTHORIZATION TO DISCLOSE PERSONAL
HEALTHINFORMATION FORM.
By:
Bryan J. Kefly, E .
Attorney for Defendants
YOMALI VASQUEZ and AMANDALY
VASQUEZ
120 White Plains Road, Suite 200
Tarrytown, NY 10591
Telephone: (914) 620-0096
Our File No. 0547383240.1-
Preview
FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021 EXHIBIT 2 FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021 NYSCEF DOC. No. 4 RECEIVED NYSCEF: 02/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X RODOLFO RINCON MENDEZ, ANSWER Plaintiff, -against- Index No.35130/2019E YOMALI VASQUEZ and AMANDALY VASQUEZ, Defendants. X The Defendants, YOMALI VASQUEZ and AMANDALY VASQUEZ, by Law Offices of John Trop, as and for their Answer to the Ce:nphirt herein, allege as follows: 1. Deny any knowledge or infor-_eden sufficient to form a belief as to the allegations contained in paragraphs deaignated as 1, 4, 5, 8, 9, 10, 14, 15, and 16 of the Complaint herein. 2. Upon infbñsation and belieÇ deny each and every allegation ce±ined in paragraphs designated as 11, 12, 17, 19, 20, 21, and 22 of the Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: damages suswaad the Plaintiff were caused the culpable conduct of Any by by the Plaintiff, including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of these answering Defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE ANSWER1NG DEFENDANTS ALLEGE: Upon information and belief, Plaintiff failed to use or misused seat belts, and thereby contributed to the alleged injuries. FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020 AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That to the extent plaintiff recovers any damages for the cost of medical care, dental care, custodial care or rehabilitation services, loss of eamings and/or ecenemic loss, the amount of the award shall be reduced the sum total of all collateral reimbunements, from by whatever source, whether it be insurance, social security payments, no fault payments, Workers Compensation, e=ployee benefits or other such programs, in accordance with the provisions of the CPLR 4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE ANSWERDVG DEFENDANTS ALLEGE: In the event that any person or entity liable or claimad to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, defendant will be entitled to protection under General Obligations Law 15-108 and the corresponding Muetion of any damages which may be determined to be due against this answering defendant. WHEREFORE, this answering Defendants demand judgment éæheng the Complaint herein with costs. DATED: Tarrytown, NY February 03, 2020 Yours, etc., Law Offices of John Trop Bryan J. Kelly, Esq. Attorney for Defendants YOMALI VASQUEZ and AMANDALY VASQUEZ 120 White Plains Road, Suite 200 Tarrytown, NY 10591 Telephone: (914) 620-0096 Our File No. 0547383240.1- 2 FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021 ....-. -.,- ---.... -.- ..., --, .....- . , NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020 TO: LATOS LATOS & ASSOCIATES, PC TRIAL COUNSEL FOR THE LAWFIRM OF MITCHELL KLAFTER, P.C. Attorneys for Plaintiff 23-25 31st Street, Suite 410 Astoria, New York 11105 (718) 721-5740 3 FILED: BRONX COUNTY CLERK 08/30/2021 10:50 AM INDEX NO. 35130/2019E NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/30/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/03/2020 CERTIFICATION February 03, 2020 Mendez vs. Vasquez Index No. 35130/2019E Our File No. 0547383240.1 The following documents are hereby certified: ANSWER, COMBINED DEMAND, DEMAND FOR VEREFIED BILL OF PARTICULARS, MEDICAL REPORTS, NOTICE OF EXAMINATION BEFORE TRIAL, DEMAND PURSUANT TO C.P.LR. 306(a), NOTICE DECLMING SERVICE BY FAX, DEMAND FOR MEDICARE REIMBURSEMENT 1NFORMATION, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA, MEDICAID AUTHORIZATION, AND MEDICARE AUTHORIZATION TO DISCLOSE PERSONAL HEALTHINFORMATION FORM. By: Bryan J. Kefly, E . Attorney for Defendants YOMALI VASQUEZ and AMANDALY VASQUEZ 120 White Plains Road, Suite 200 Tarrytown, NY 10591 Telephone: (914) 620-0096 Our File No. 0547383240.1-