Preview
FILED: BRONX COUNTY CLERK 11/28/2022 03:17 PM INDEX NO. 35817/2020E
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/28/2022
EXHIBIT B
FILED: BRONX COUNTY CLERK 03/17/2021
11/28/2022 10:45
03:17 AM
PM INDEX NO. 35817/2020E
NYSCEF DOC. NO. 7
28 RECEIVED NYSCEF: 03/17/2021
11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
=======================================X
JO ANN ELLIOT,
Plaintiff, VERIFIED ANSWER
-against- Index No.: 35817/20E
COURTLANDT CORNERS II ASSOCIATES L.P.,
COURTLANDT CORNERS II HOUSING
DEVELOPMENT FUND CORPORATION, and
PHIPPS HOUSES SERVICES, INC.,
Defendants.
=======================================X
Defendants, by their attorneys, PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP,
answering the verified complaint of plaintiff herein, set forth the following upon information and
belief:
FIRST: Deny knowledge or information sufficient to form a belief as to the
allegations contained in paragraph “1” of the verified complaint.
SECOND: Deny the allegations contained in paragraphs “2”, “3”, “5”, “8”, “9”, “11”,
“12”, “13”, “15”, “16”, “17”, “20”, “21”, “23”, “24”, “25”, “27”, “28”, “29”, “30”, “31”, “34”,
“35”, “36”, “37”, “38”, “39”, “40”, “41” and “43” of the verified complaint.
THIRD: Deny the allegations contained in paragraphs “7” and “19” of the verified
complaint except admit that portions of the premises at 370 East 162nd Street were leased on
behalf of the owners.
FOURTH: Deny the allegations contained in paragraph “10” of the verified complaint
except admit that, at times and in part, defendant COURTLANDT CORNERS II ASSOCIATES
L.P., through its management company, maintained portions of the premises located at 370 East
162nd Street, Bronx, New York 10451.
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FILED: BRONX COUNTY CLERK 03/17/2021
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NYSCEF DOC. NO. 7
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FIFTH: Deny the allegations contained in paragraph “14” of the verified complaint
except admit that defendant COURTLANDT CORNERS II HOUSING DEVELOPMENT FUND
CORPORATION was a domestic, not-for-profit corporation duly organized and existing under
and by virtue of the laws of the State of New York.
SIXTH: Deny the allegations contained in paragraph “22” of the verified complaint
except admit that, at times and in part, defendant COURTLANDT CORNERS II HOUSING
DEVELOPMENT FUND CORPORATION, through its management company, maintained
portions of the premises located at 370 East 162nd Street, Bronx, New York 10451.
SEVENTH: Deny the allegations contained in paragraph “32” of the verified complaint
except admit that defendant PHIPPS HOUSES SERVICES, INC. was the managing agent of the
premises located at 370 East 162nd Street, Bronx, New York 10451.
EIGHTH: Deny the allegations contained in paragraph “33” of the verified complaint
except admit that, at times and in part, defendant PHIPPS HOUSES SERVICES, INC. maintained
portions of the premises located at 370 East 162nd Street, Bronx, New York 10451.
NINTH: Deny the allegations contained in “42” of the verified complaint and refer
all questions of law to the Court.
AND FOR A FIRST AFFIRMATIVE DEFENSE
TENTH: Upon information and belief, the injury sustained by the plaintiff was not
as the result of any culpable conduct of the defendants herein, or in the alternative, the amount of
damages otherwise recoverable shall be diminished in the percentage proportion of the culpable
conduct of the plaintiff and/or others which contributed to the culpable conduct that caused the
injury.
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NYSCEF DOC. NO. 7
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
ELEVENTH Defendants will rely upon the provisions of Article 16 of the CPLR with
regard to the limitation of joint and several liability.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TWELFTH: That the plaintiff could, with due diligence, have obtained personal
jurisdiction over tortfeasors not a party to this lawsuit. Therefore, the culpability of these
missing or absent tortfeasors may be computed into the apportionment of total culpability
causing the subject occurrence.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THIRTEENTH: Upon information and belief, any damages sustained by the plaintiff
was caused by plaintiff having voluntarily and unreasonably assumed a known and dangerous
risk, and/or damages were caused by or aggravated by such conduct.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
FOURTEENTH: Any past or future costs or expenses incurred, or to be incurred by the
claimant for medical care, dental care, custodial care or rehabilitative services, loss of earnings
or other economic loss that has been or may be replaced or indemnified, in whole or in part, from
a collateral source as defined in Section 4545(c) of the Civil Practice Law and Rules, shall not be
recoverable from the defendants and the amount of any such damage will be diminished by the
amount of the funds that plaintiff has, or may receive, from such collateral sources.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
FIFTEENTH: The alleged cause of action asserted by the plaintiff in paragraphs “1”
through “43” fails to state a cause of action in that it does not contain any allegations of injury to
the plaintiff for which the answering defendants can be held liable.
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NYSCEF DOC. NO. 7
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
SIXTEENTH: That the defendants are not liable by virtue of plaintiff’s failure to mitigate
or offset their damages herein.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
SEVENTEENTH: Pursuant to the provisions of Section 15-108 of the General
Obligations Law, answering defendants are entitled to a reduction of any adverse judgment by
either the total settlement amount paid by any other tortfeasors or in the amount of the released
tortfeasors’ equitable share of the damages under Article 14 of the Civil Practice Law and Rules,
whichever is the greatest.
WHEREFORE, defendants demand judgment dismissing the complaint of plaintiff
herein, together with the costs and disbursements of the action, and the expenses incurred in the
defense thereof.
Dated: New York, New York
March 17, 2021
Yours etc.,
PERRY, VAN ETTEN, ROZANSKI
& KUTNER, LLP
Attorneys for Defendants
60 Broad Street
Suite 3600A
New York, New York 10004
(212) 406-9710
File No.: 190621P
BY: Jeffrey K. Van Etten
JEFFREY K. VAN ETTEN
TO: KEVIN S. KLEIN, ESQ.
ROSENBAUM & ROSENBAUM, P.C.
Attorney for Plaintiff
100 Wall Street, 15th Floor
New York, New York 10005
(212) 514-5007
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NYSCEF DOC. NO. 7
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Re: Elliot v. Courtlandt Corners II Associates L.P., et al.
Our File No.: 190621P
CORPORATE VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
, being duly sworn, deposes and says:
Deponent is an officer of PHIPPS HOUSES SERVICES, INC., a domestic
corporation, and a party in the within action; deponent has read the Answer and knows the
contents thereof; and the same is true to deponent's own knowledge, except as to the matters
therein stated to be alleged upon information and belief, and as to those matters deponent
believes it to be true.
This verification is made by deponent because PHIPPS HOUSES SERVICES, INC.
is a domestic corporation and deponent is an officer thereof.
Sworn to before me this
day of , 2021
NOTARY PUBLIC
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NYSCEF DOC. NO. 7
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AFFIDAVIT OF SERVICE BY E-MAIL
STATE OF NEW YORK )
: ss.
COUNTY OF NEW YORK )
MARIA RANIS, being duly sworn deposes and says:
Deponent is not a party to the action, is over Eighteen (18) years of age and resides in
Beachwood, New Jersey.
On March 17, 2021, deponent served the within VERIFIED ANSWER upon the
attorneys listed below through the E-File System of the Supreme Court of the State of New York
via the permissive use of the username and password of JEFFREY K. VAN ETTEN, ESQ. and
via E-mail.
TO: KEVIN S. KLEIN, ESQ.
ROSENBAUM & ROSENBAUM, P.C.
Attorney for Plaintiff
100 Wall Street, 15th Floor
New York, New York 10005
(212) 514-5007
Maria Ranis
MARIA RANIS
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FILED: BRONX COUNTY CLERK 03/17/2021
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PM INDEX NO. 35817/2020E
NYSCEF DOC. NO. 7
28 RECEIVED NYSCEF: 03/17/2021
11/28/2022
Index No. 35817 Year 2020E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JO ANN ELLIOT,
Plaintiff,
-against-
COURTLANDT CORNERS II ASSOCIATES L.P., COURTLANDT CORNERS II HOUSING
DEVELOPMENT FUND CORPORATION, and PHIPPS HOUSES SERVICES, INC.,
Defendants.
VERIFIED ANSWER
PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP
Attorneys for Defendants
60 Broad Street
Suite 3600A
New York, New York 10004
(212) 406-9710
§2103 (b) (5) Notice: Service of Papers by Electronic Means is Not Accepted
Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State,
certifiesthat,upon information and beliefand reasonable inquiry, (1.)the contentions contained in the annexed
document are not frivolous and that (2) if theannexed document is an initiating pleading, (i) the matter was not
obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are
not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential
claims for personal injury or wrongful death, the matter was not obtained in violation of 22
NYCRR 1200.41-a.
Dated: March 17, 2021 Signature____Jeffrey K. Van Etten
JEFFREY K. VAN ETTEN
Print Signer's Name
Service of a copy of the within is hereby admitted.
Dated:
______________________________________________________
Attorney(s) for
PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP
Attorneys for
60 Broad Street
Suite 3600A
New York, New York 10004
(212) 406-9710
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Preview
FILED: BRONX COUNTY CLERK 11/28/2022 03:17 PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/28/2022 EXHIBIT B FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX =======================================X JO ANN ELLIOT, Plaintiff, VERIFIED ANSWER -against- Index No.: 35817/20E COURTLANDT CORNERS II ASSOCIATES L.P., COURTLANDT CORNERS II HOUSING DEVELOPMENT FUND CORPORATION, and PHIPPS HOUSES SERVICES, INC., Defendants. =======================================X Defendants, by their attorneys, PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP, answering the verified complaint of plaintiff herein, set forth the following upon information and belief: FIRST: Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “1” of the verified complaint. SECOND: Deny the allegations contained in paragraphs “2”, “3”, “5”, “8”, “9”, “11”, “12”, “13”, “15”, “16”, “17”, “20”, “21”, “23”, “24”, “25”, “27”, “28”, “29”, “30”, “31”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41” and “43” of the verified complaint. THIRD: Deny the allegations contained in paragraphs “7” and “19” of the verified complaint except admit that portions of the premises at 370 East 162nd Street were leased on behalf of the owners. FOURTH: Deny the allegations contained in paragraph “10” of the verified complaint except admit that, at times and in part, defendant COURTLANDT CORNERS II ASSOCIATES L.P., through its management company, maintained portions of the premises located at 370 East 162nd Street, Bronx, New York 10451. 1 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 FIFTH: Deny the allegations contained in paragraph “14” of the verified complaint except admit that defendant COURTLANDT CORNERS II HOUSING DEVELOPMENT FUND CORPORATION was a domestic, not-for-profit corporation duly organized and existing under and by virtue of the laws of the State of New York. SIXTH: Deny the allegations contained in paragraph “22” of the verified complaint except admit that, at times and in part, defendant COURTLANDT CORNERS II HOUSING DEVELOPMENT FUND CORPORATION, through its management company, maintained portions of the premises located at 370 East 162nd Street, Bronx, New York 10451. SEVENTH: Deny the allegations contained in paragraph “32” of the verified complaint except admit that defendant PHIPPS HOUSES SERVICES, INC. was the managing agent of the premises located at 370 East 162nd Street, Bronx, New York 10451. EIGHTH: Deny the allegations contained in paragraph “33” of the verified complaint except admit that, at times and in part, defendant PHIPPS HOUSES SERVICES, INC. maintained portions of the premises located at 370 East 162nd Street, Bronx, New York 10451. NINTH: Deny the allegations contained in “42” of the verified complaint and refer all questions of law to the Court. AND FOR A FIRST AFFIRMATIVE DEFENSE TENTH: Upon information and belief, the injury sustained by the plaintiff was not as the result of any culpable conduct of the defendants herein, or in the alternative, the amount of damages otherwise recoverable shall be diminished in the percentage proportion of the culpable conduct of the plaintiff and/or others which contributed to the culpable conduct that caused the injury. 2 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 AS AND FOR A SECOND AFFIRMATIVE DEFENSE ELEVENTH Defendants will rely upon the provisions of Article 16 of the CPLR with regard to the limitation of joint and several liability. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TWELFTH: That the plaintiff could, with due diligence, have obtained personal jurisdiction over tortfeasors not a party to this lawsuit. Therefore, the culpability of these missing or absent tortfeasors may be computed into the apportionment of total culpability causing the subject occurrence. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIRTEENTH: Upon information and belief, any damages sustained by the plaintiff was caused by plaintiff having voluntarily and unreasonably assumed a known and dangerous risk, and/or damages were caused by or aggravated by such conduct. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE FOURTEENTH: Any past or future costs or expenses incurred, or to be incurred by the claimant for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss that has been or may be replaced or indemnified, in whole or in part, from a collateral source as defined in Section 4545(c) of the Civil Practice Law and Rules, shall not be recoverable from the defendants and the amount of any such damage will be diminished by the amount of the funds that plaintiff has, or may receive, from such collateral sources. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE FIFTEENTH: The alleged cause of action asserted by the plaintiff in paragraphs “1” through “43” fails to state a cause of action in that it does not contain any allegations of injury to the plaintiff for which the answering defendants can be held liable. 3 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE SIXTEENTH: That the defendants are not liable by virtue of plaintiff’s failure to mitigate or offset their damages herein. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE SEVENTEENTH: Pursuant to the provisions of Section 15-108 of the General Obligations Law, answering defendants are entitled to a reduction of any adverse judgment by either the total settlement amount paid by any other tortfeasors or in the amount of the released tortfeasors’ equitable share of the damages under Article 14 of the Civil Practice Law and Rules, whichever is the greatest. WHEREFORE, defendants demand judgment dismissing the complaint of plaintiff herein, together with the costs and disbursements of the action, and the expenses incurred in the defense thereof. Dated: New York, New York March 17, 2021 Yours etc., PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP Attorneys for Defendants 60 Broad Street Suite 3600A New York, New York 10004 (212) 406-9710 File No.: 190621P BY: Jeffrey K. Van Etten JEFFREY K. VAN ETTEN TO: KEVIN S. KLEIN, ESQ. ROSENBAUM & ROSENBAUM, P.C. Attorney for Plaintiff 100 Wall Street, 15th Floor New York, New York 10005 (212) 514-5007 4 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 Re: Elliot v. Courtlandt Corners II Associates L.P., et al. Our File No.: 190621P CORPORATE VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) , being duly sworn, deposes and says: Deponent is an officer of PHIPPS HOUSES SERVICES, INC., a domestic corporation, and a party in the within action; deponent has read the Answer and knows the contents thereof; and the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because PHIPPS HOUSES SERVICES, INC. is a domestic corporation and deponent is an officer thereof. Sworn to before me this day of , 2021 NOTARY PUBLIC 5 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 AFFIDAVIT OF SERVICE BY E-MAIL STATE OF NEW YORK ) : ss. COUNTY OF NEW YORK ) MARIA RANIS, being duly sworn deposes and says: Deponent is not a party to the action, is over Eighteen (18) years of age and resides in Beachwood, New Jersey. On March 17, 2021, deponent served the within VERIFIED ANSWER upon the attorneys listed below through the E-File System of the Supreme Court of the State of New York via the permissive use of the username and password of JEFFREY K. VAN ETTEN, ESQ. and via E-mail. TO: KEVIN S. KLEIN, ESQ. ROSENBAUM & ROSENBAUM, P.C. Attorney for Plaintiff 100 Wall Street, 15th Floor New York, New York 10005 (212) 514-5007 Maria Ranis MARIA RANIS 6 of 7 FILED: BRONX COUNTY CLERK 03/17/2021 11/28/2022 10:45 03:17 AM PM INDEX NO. 35817/2020E NYSCEF DOC. NO. 7 28 RECEIVED NYSCEF: 03/17/2021 11/28/2022 Index No. 35817 Year 2020E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX JO ANN ELLIOT, Plaintiff, -against- COURTLANDT CORNERS II ASSOCIATES L.P., COURTLANDT CORNERS II HOUSING DEVELOPMENT FUND CORPORATION, and PHIPPS HOUSES SERVICES, INC., Defendants. VERIFIED ANSWER PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP Attorneys for Defendants 60 Broad Street Suite 3600A New York, New York 10004 (212) 406-9710 §2103 (b) (5) Notice: Service of Papers by Electronic Means is Not Accepted Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifiesthat,upon information and beliefand reasonable inquiry, (1.)the contentions contained in the annexed document are not frivolous and that (2) if theannexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated: March 17, 2021 Signature____Jeffrey K. Van Etten JEFFREY K. VAN ETTEN Print Signer's Name Service of a copy of the within is hereby admitted. Dated: ______________________________________________________ Attorney(s) for PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP Attorneys for 60 Broad Street Suite 3600A New York, New York 10004 (212) 406-9710 7 of 7