Preview
FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- VERIFIED ANSWER TO SUTTER
AVENUE REALTY CO. LLC'S
THE CITY OF NEW YORK, BELMONT RE, THIRD-PARTY COMPLAINT
LLC and SUTTER AVENUE REALTY CO. LLC,
Defendants.
X
SUTTER AVENUE REALTY CO., LLC,
Third-Party Plaintiff,
-against-
TRINCHESE IRON WORKS & CONSTRUCTION
INC.,
Third-Party Defendant.
X
Third-Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION, INC., by its
attorneys, NEWMAN LAW ASSOCIATES PLLC, answers SUTTER AVENUE REALTY CO.
LLC'S Third-Party Complaint dated November 18, 2020 as follows:
"1"
1. Denies in the form alleged each and every allegation as set forth in paragraph
of the Third-Party Complaint except admits that Trinchese Iron Works & Construction, Inc. was
a domestic entity authorized to do business in the State of New York;
"2"
2. Denies in the form alleged each and every allegation as set forth in paragraph
of the Third-Party Complaint except admits that Trinchese Iron Works & Construction, Inc. was
a domestic entity authorized to do business in the State of New York;
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3. Denies knowledge or sufficient information to form a belief as to the truth of the
"3"
allegations as set forth in paragraph of the Third-Party Complaint;
"4"
4. Denies in the form alleged each and every allegation as set forth in paragraph
of the Third-Party Complaint except admits the existence of an underlying action commenced by
Luis Alberto Herrera;
"5"
5. Denies in the form alleged each and every allegation as set forth in paragraph
of the Third-Party Complaint except admits the existence of an underlying action commenced by
Luis Alberto Herrera.
AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
"6"
6. In response to the allegations contained in paragraph of the Third-Party
Complaint, Answering Third-Party Defendant repeats, reiterates and realleges each and every
"1" "5"
response contained in paragraphs through of this Verified Answer to the Third-Party
Complaint with the same force and effect as if more fully set forth at length herein;
"7"
7. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint and refers all questions of law to the Court;
"8"
8. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint and refers all questions of law to the Court;
"9"
9. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint and refers all questions of law to the Court;
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"10"
10. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint.
AS AND FOR A RES_PONSE TO THE SECOND CAUSE OF ACTION
"11"
11. In response to the allegations contained in paragraph of the Third-Party
Complaiñt, Answering Third-Party Defendant repeats, reiterates and realleges each and every
"1" "10"
response contained in paragraphs through of this Verified Answer to the Third-Party
Complaint with the same force and effect as if more fully set forth at length herein;
12. Denies in the form alleged each and every allegation as set forth in paragraph
"12"
of the Third-Party Complaint except admits the existence of an underlying action
commenced by Luis Alberto Herrera;
"13"
13. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint;
"14"
14. Denies each and every allegation as set forth in paragraph of the Third-Party
Complaint.
FIRST AFFIRMATIVE DEFENSE
The injuries and damages, if any, alleged to have been sustained by Phintiff and/or
Third-Party Plaintiff were caused in whole or in part by the culpable conduct and/or contributory
negligence of Plaintiff and/or Third-Party Plaintiff, and Plaintiff's and Third-Party Plaintiff's
damages, if any, should be barred or diminished in the proportion which such conduct bears to
the culpable conduct that caused said injuries and damages.
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SECOND AFFIRM.ATIVE DEFENSE
Upon information and belief, the injuries and damages, if any, alleged to have been
sustained by Plaintiff and/or Third-Party Plaintiff were caused in whole or in part the acts,
by
omissions, or other conduct of individuals or entities over which the Answering Third-Party
Defendant had no control and had no duty to control.
THIRD AFFIRMATIVE DEFENSE
The injured Plaintiff and/or Third-Party Plaintiff assumed a known or an open or obvious
risk for which Plaintiff and/or Third-Party Plaintiff may not recover any damages, or Plaintiff's
and/or Third-Party Plaintiff's damages must be reduced accordingly.
FOURTH AFFIRMATIVE DEFENSE
The injuries and damages allegedly sustained by Plaintiff and/or Third-Party Plaintiff
were not reasonably foreseeable.
FIFTH AFFIRMATIVE DEFENSE
The Answering Third-Party Defendant owes no legal duty to Plaintiff and/or Third-Party
Plaintiff.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff's and/or Third-Party Plaintiff's injuries/damages, if any, were caused by
intervening and/or superseding factors which relieve the answering Third-Party Defendant from
any liability in this action.
SEVENTH AFFIRMATIVE DEFENSE
In accordance with CPLR §1601 et seq., the liability of Third-Party Defendant, if any, to
Plaintiff and/or Third-Party Plaintiff for non-economic loss is limited to each defendant's
equitable share, determined in accordance with relative culpability of all persons and/or entities
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contributing to the total liability for non-economic loss, including parties and others over whom
Plaintiff and/or Third-Party Plaintiff could have obtained personal jurisdiction with due
diligence.
EIGHTH AF_FIRMATIVE DEFENSE
Plaintiff and/or Third-Party Plaintiff have failed to join necessary and essential parties to
this litigation.
NINTH AFFIRMATIVE DEFENSE
Upon information and belief, any costs, loss or expenses incurred or to be incurred by
Plaintiff for medical care, custodial care or rehabilitative services, loss of earnings 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 in CPLR 4545 (c).
TENTH AFFIRMATIVE DEFENSE
Plaintiff's and/or Third-Party Plaintiff's damages must be diminished in proportion to
culpable conduct in accordance with CPLR 1411 and 1412.
ELEVENTH AFFIRMATIVE DEFENSE
Phintiff's Complaint and/or Third-Party Plaintiff's Third-Party Complaint fail to state a
cause of action upon which relief can be granted as a matter of law.
TWELFTH AFFIRMATIVE DEFENSE
This action is barred by the applicable statute of limitations.
THIRTEENTH AFFIRMATIVE DEFENSE
This action does not fall within one of the exceptions set forth in CPLR 1602.
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FOURTEENTH AFFIRMATIVE DEFENSE
The Third-Party Complaint is barred in whole or in part by virtue of the doctrines of
waiver, laches, and/or estoppel.
AS AND FOR A FIRST COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF
If Plaintiff was caused to sustain injuries and/or damages at the time and place and in the
manner set forth in this action through any carelessness, recklessness, or negligence, other than
Plaintiff's own carelessness, recklessness, or negligence, then the injuries and damages were
caused and sustained by reason of the sole active and primary carelessness, recklessness,
negligence, and/or acts or omissions of Third-Party Plaintiff, and Answering Third-Party
Defendant is entitled to indemnification, and thereby Third-Party Plaintiff is primarily liable.
AS AND FOR A SECOND COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF
If Plaintiff sustained the injuries and/or damages in the manner and at the time and place
alleged, and it is found that Answering Third-Party Defendant is liable herein, all of which is
specifically denied, then Answering Defendant on the basis of apporticinnent of
Third-Party
responsibility and/or contractual responsibility for the alleged occurrence, is entitled to
contractual indemnification from and judgment over and against Third-Party Plaintiff.
By reason of the foregoing, Answering Third-Party Defendant is entitled to have
judgment over and against Plaintiff as to sum awarded against Third-
Third-Party any Answering
attorneys'
Party Defendant, including costs, expenses, and fees.
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AS AND FOR A THIRD COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF
If Plaintiff sustained the injuries and damages in the manner and at the time and place
alleged, and it is found that Answering Third-Party Defendant is liable herein, all of which is
specifically denied, then Answering Third-Party Defendant, on the basis of apportionment of
responsibility and/or contractual responsibility for the alleged occurrence, is entitled to
contribution from and judgment over and against Third-Party Plaintiff.
By reason of the foregoing, Answering Third-Party Defendant is entitled to contribution
and judgment over and against Third-Party Plaintiff.
WHEREFORE Third-Party Defendant demands judgment dismissing Plaintiff's
Complaint and Third-Party Plaintiff's Third-Party Complaint, together with costs and
attorneys'
disbursements thereof, including costs, expenses, and fees.
Dated: New York, New York
December 23, 2020
NEWMAN LAW ASSOCIATES
JfÏ 15. Warshaw, Esq.
ttomeys for Defendant and Third-Party
Defendant
BELMONT RE. LLC and TRINCHESE IRON
WORKS & CONSTRUCTION INC.
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
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TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, Floor
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant/Third-Party
Plaintiff
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, F100r
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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ATTORNEY VERIFICATION
Jason Warshaw, Esq. affirms the following under the penalties of perjury:
I am an attorney duly admitted to practice in the courts of the State of New York, and I
am an attorney with the firm of NEWMAN LAW ASSOCIATES PLLC, the attorneys of record
for Third-Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION, INC., in the
within action. I have read the foregoing Verified Answer to the Third-Party Complaint and
know the contents thereof. The same is true to my own knowledge, except as to the matters
therein stated to be alleged upon information and belief, and as to those matters, I believe them
to be true. The basis for my belief is: review of files, investigations and conversations with
clients.
Dated: New York, New York
December 23, 2020
ason fWarshaw, Esq.
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Index No.: 512147/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------------X
LUIS ALBERTO HERRERA,
Plaintiff,
-against-
THE CITY OF NEW YORK, BELMONT RE LLC and
SUTTER AVENUE REALTY CO., LLC,
Defendants.
-------------------------------------------------------------------------X
_____________________________________________________________________________
VERIFIED ANSWER TO SUTTER AVENUE REALTY CO. LLC’s
THIRD-PARTY COMPLAINT
______________________________________________________________________________
NEWMAN LAW ASSOCIATES PLLC
Attorneys for Defendant
BELMONT RE LLC
111 John Street - Suite 1500
New York, New York 10038
Phone: 212.945.1010
Facsimile: 212.627.2077
_____________________________________________________________________________________
PURSUANT TO 22 NYCRR 130.1., THE UNDERSIGNED, AN ATTORNEY ADMITTED TO PRACTICE IN
THE COURTS OF THE STATE OF NEW YORK, CERTIFIES THAT, UPON INFORMATION AND BELIEF
AND REASONABLE INQUIRY, THAT CONTENTIONS CONTAINED IN THE ANNEXED DOCUMENT ARE
NOT FRIVOLOUS
Dated: New York, New York
December 23, 2020
Jason D. Warshaw, Esq.
By: Jason D. Warshaw, Esq.
Please take Notice:
Notice of Entry Notice of Settlement
That the within is a true [certified] copy PLEASE TAKE NOTICE that the within proposed
of a _____________duly entered in the _____________________will be presented for settlement
&
office of the clerk of the within named signature to the Hon one of the Judges of the
Courthouse within named Courthouse on
______________ on______________________ at ______________ at_______________________
_____________________________________________________________________________________
Dated:
Yours etc,
NEWMAN LAW ASSOCIATES PLLC
Attorneys for Defendant
111 John Street, Suite 1500, New York, NY 10038
Phone: 212.945.1010; Facsimile: 212.627.2077
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Preview
FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- VERIFIED ANSWER TO SUTTER AVENUE REALTY CO. LLC'S THE CITY OF NEW YORK, BELMONT RE, THIRD-PARTY COMPLAINT LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. X SUTTER AVENUE REALTY CO., LLC, Third-Party Plaintiff, -against- TRINCHESE IRON WORKS & CONSTRUCTION INC., Third-Party Defendant. X Third-Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION, INC., by its attorneys, NEWMAN LAW ASSOCIATES PLLC, answers SUTTER AVENUE REALTY CO. LLC'S Third-Party Complaint dated November 18, 2020 as follows: "1" 1. Denies in the form alleged each and every allegation as set forth in paragraph of the Third-Party Complaint except admits that Trinchese Iron Works & Construction, Inc. was a domestic entity authorized to do business in the State of New York; "2" 2. Denies in the form alleged each and every allegation as set forth in paragraph of the Third-Party Complaint except admits that Trinchese Iron Works & Construction, Inc. was a domestic entity authorized to do business in the State of New York; 1 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 3. Denies knowledge or sufficient information to form a belief as to the truth of the "3" allegations as set forth in paragraph of the Third-Party Complaint; "4" 4. Denies in the form alleged each and every allegation as set forth in paragraph of the Third-Party Complaint except admits the existence of an underlying action commenced by Luis Alberto Herrera; "5" 5. Denies in the form alleged each and every allegation as set forth in paragraph of the Third-Party Complaint except admits the existence of an underlying action commenced by Luis Alberto Herrera. AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION "6" 6. In response to the allegations contained in paragraph of the Third-Party Complaint, Answering Third-Party Defendant repeats, reiterates and realleges each and every "1" "5" response contained in paragraphs through of this Verified Answer to the Third-Party Complaint with the same force and effect as if more fully set forth at length herein; "7" 7. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint and refers all questions of law to the Court; "8" 8. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint and refers all questions of law to the Court; "9" 9. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint and refers all questions of law to the Court; 2 2 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 "10" 10. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint. AS AND FOR A RES_PONSE TO THE SECOND CAUSE OF ACTION "11" 11. In response to the allegations contained in paragraph of the Third-Party Complaiñt, Answering Third-Party Defendant repeats, reiterates and realleges each and every "1" "10" response contained in paragraphs through of this Verified Answer to the Third-Party Complaint with the same force and effect as if more fully set forth at length herein; 12. Denies in the form alleged each and every allegation as set forth in paragraph "12" of the Third-Party Complaint except admits the existence of an underlying action commenced by Luis Alberto Herrera; "13" 13. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint; "14" 14. Denies each and every allegation as set forth in paragraph of the Third-Party Complaint. FIRST AFFIRMATIVE DEFENSE The injuries and damages, if any, alleged to have been sustained by Phintiff and/or Third-Party Plaintiff were caused in whole or in part by the culpable conduct and/or contributory negligence of Plaintiff and/or Third-Party Plaintiff, and Plaintiff's and Third-Party Plaintiff's damages, if any, should be barred or diminished in the proportion which such conduct bears to the culpable conduct that caused said injuries and damages. 3 3 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 SECOND AFFIRM.ATIVE DEFENSE Upon information and belief, the injuries and damages, if any, alleged to have been sustained by Plaintiff and/or Third-Party Plaintiff were caused in whole or in part the acts, by omissions, or other conduct of individuals or entities over which the Answering Third-Party Defendant had no control and had no duty to control. THIRD AFFIRMATIVE DEFENSE The injured Plaintiff and/or Third-Party Plaintiff assumed a known or an open or obvious risk for which Plaintiff and/or Third-Party Plaintiff may not recover any damages, or Plaintiff's and/or Third-Party Plaintiff's damages must be reduced accordingly. FOURTH AFFIRMATIVE DEFENSE The injuries and damages allegedly sustained by Plaintiff and/or Third-Party Plaintiff were not reasonably foreseeable. FIFTH AFFIRMATIVE DEFENSE The Answering Third-Party Defendant owes no legal duty to Plaintiff and/or Third-Party Plaintiff. SIXTH AFFIRMATIVE DEFENSE Plaintiff's and/or Third-Party Plaintiff's injuries/damages, if any, were caused by intervening and/or superseding factors which relieve the answering Third-Party Defendant from any liability in this action. SEVENTH AFFIRMATIVE DEFENSE In accordance with CPLR §1601 et seq., the liability of Third-Party Defendant, if any, to Plaintiff and/or Third-Party Plaintiff for non-economic loss is limited to each defendant's equitable share, determined in accordance with relative culpability of all persons and/or entities 4 4 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 contributing to the total liability for non-economic loss, including parties and others over whom Plaintiff and/or Third-Party Plaintiff could have obtained personal jurisdiction with due diligence. EIGHTH AF_FIRMATIVE DEFENSE Plaintiff and/or Third-Party Plaintiff have failed to join necessary and essential parties to this litigation. NINTH AFFIRMATIVE DEFENSE Upon information and belief, any costs, loss or expenses incurred or to be incurred by Plaintiff for medical care, custodial care or rehabilitative services, loss of earnings 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 in CPLR 4545 (c). TENTH AFFIRMATIVE DEFENSE Plaintiff's and/or Third-Party Plaintiff's damages must be diminished in proportion to culpable conduct in accordance with CPLR 1411 and 1412. ELEVENTH AFFIRMATIVE DEFENSE Phintiff's Complaint and/or Third-Party Plaintiff's Third-Party Complaint fail to state a cause of action upon which relief can be granted as a matter of law. TWELFTH AFFIRMATIVE DEFENSE This action is barred by the applicable statute of limitations. THIRTEENTH AFFIRMATIVE DEFENSE This action does not fall within one of the exceptions set forth in CPLR 1602. 5 5 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 FOURTEENTH AFFIRMATIVE DEFENSE The Third-Party Complaint is barred in whole or in part by virtue of the doctrines of waiver, laches, and/or estoppel. AS AND FOR A FIRST COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF If Plaintiff was caused to sustain injuries and/or damages at the time and place and in the manner set forth in this action through any carelessness, recklessness, or negligence, other than Plaintiff's own carelessness, recklessness, or negligence, then the injuries and damages were caused and sustained by reason of the sole active and primary carelessness, recklessness, negligence, and/or acts or omissions of Third-Party Plaintiff, and Answering Third-Party Defendant is entitled to indemnification, and thereby Third-Party Plaintiff is primarily liable. AS AND FOR A SECOND COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF If Plaintiff sustained the injuries and/or damages in the manner and at the time and place alleged, and it is found that Answering Third-Party Defendant is liable herein, all of which is specifically denied, then Answering Defendant on the basis of apporticinnent of Third-Party responsibility and/or contractual responsibility for the alleged occurrence, is entitled to contractual indemnification from and judgment over and against Third-Party Plaintiff. By reason of the foregoing, Answering Third-Party Defendant is entitled to have judgment over and against Plaintiff as to sum awarded against Third- Third-Party any Answering attorneys' Party Defendant, including costs, expenses, and fees. 6 6 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 AS AND FOR A THIRD COUNTERCLAIM AGAINST THIRD-PARTY PLAINTIFF If Plaintiff sustained the injuries and damages in the manner and at the time and place alleged, and it is found that Answering Third-Party Defendant is liable herein, all of which is specifically denied, then Answering Third-Party Defendant, on the basis of apportionment of responsibility and/or contractual responsibility for the alleged occurrence, is entitled to contribution from and judgment over and against Third-Party Plaintiff. By reason of the foregoing, Answering Third-Party Defendant is entitled to contribution and judgment over and against Third-Party Plaintiff. WHEREFORE Third-Party Defendant demands judgment dismissing Plaintiff's Complaint and Third-Party Plaintiff's Third-Party Complaint, together with costs and attorneys' disbursements thereof, including costs, expenses, and fees. Dated: New York, New York December 23, 2020 NEWMAN LAW ASSOCIATES JfÏ 15. Warshaw, Esq. ttomeys for Defendant and Third-Party Defendant BELMONT RE. LLC and TRINCHESE IRON WORKS & CONSTRUCTION INC. 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 7 7 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, Floor New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant/Third-Party Plaintiff SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, F100r New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 8 8 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 ATTORNEY VERIFICATION Jason Warshaw, Esq. affirms the following under the penalties of perjury: I am an attorney duly admitted to practice in the courts of the State of New York, and I am an attorney with the firm of NEWMAN LAW ASSOCIATES PLLC, the attorneys of record for Third-Party Defendant, TRINCHESE IRON WORKS & CONSTRUCTION, INC., in the within action. I have read the foregoing Verified Answer to the Third-Party Complaint and know the contents thereof. The same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be true. The basis for my belief is: review of files, investigations and conversations with clients. Dated: New York, New York December 23, 2020 ason fWarshaw, Esq. 9 9 of 10 FILED: KINGS COUNTY CLERK 12/23/2020 04:20 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 12/23/2020 Index No.: 512147/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X LUIS ALBERTO HERRERA, Plaintiff, -against- THE CITY OF NEW YORK, BELMONT RE LLC and SUTTER AVENUE REALTY CO., LLC, Defendants. -------------------------------------------------------------------------X _____________________________________________________________________________ VERIFIED ANSWER TO SUTTER AVENUE REALTY CO. LLC’s THIRD-PARTY COMPLAINT ______________________________________________________________________________ NEWMAN LAW ASSOCIATES PLLC Attorneys for Defendant BELMONT RE LLC 111 John Street - Suite 1500 New York, New York 10038 Phone: 212.945.1010 Facsimile: 212.627.2077 _____________________________________________________________________________________ PURSUANT TO 22 NYCRR 130.1., THE UNDERSIGNED, AN ATTORNEY ADMITTED TO PRACTICE IN THE COURTS OF THE STATE OF NEW YORK, CERTIFIES THAT, UPON INFORMATION AND BELIEF AND REASONABLE INQUIRY, THAT CONTENTIONS CONTAINED IN THE ANNEXED DOCUMENT ARE NOT FRIVOLOUS Dated: New York, New York December 23, 2020 Jason D. Warshaw, Esq. By: Jason D. Warshaw, Esq. Please take Notice: Notice of Entry Notice of Settlement That the within is a true [certified] copy PLEASE TAKE NOTICE that the within proposed of a _____________duly entered in the _____________________will be presented for settlement & office of the clerk of the within named signature to the Hon one of the Judges of the Courthouse within named Courthouse on ______________ on______________________ at ______________ at_______________________ _____________________________________________________________________________________ Dated: Yours etc, NEWMAN LAW ASSOCIATES PLLC Attorneys for Defendant 111 John Street, Suite 1500, New York, NY 10038 Phone: 212.945.1010; Facsimile: 212.627.2077 10 of 10