Preview
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 24 RECEIVED NO. 610946/2022
]NDEXNYSCEF: 12/02/2022
NYSCEF DOC. NO. 7 RECETVED NYSCEF I al/30/2022
NEW YORK STATE SUPREME COURT
COLINTY OF NASSAU
MASUDA BIICIJM and MO'I'ASIlllM IItLLAII.
VERIFIED ANSWER
Plaintiffs,
Index No. 61094612022
v.
ASSOCIATED MUTUAL INSLIRANCE
COOPERATIVE, ERHARDT ADJUSTMENT CO.,
INC. and ALL DRY USA,
Defendants.
Defendant, ERHARDT ADJUSTMENT CO., INC., by and through its attorneys,
MURA LAW GROUP, PLLC, as and for its answer to the Plaintiffs' Verified Cornplaint dated July
28,2022 ("the Complaint"), states as follows, upon infonnation and belief:
l. Admits the allegations of paragrapll"4" of the Cornplaint.
2. Derries tlre allegations of paragraphs "20", "29", "30", "37" , "32" and "33" of
the Complaint.
3. Denies having knowledge or information sufficient to form a belief as to the
truth or accuracy ofthe allegations of paragraphs o'1",0'2","3","5" through "79","22" though"27",
o'45"
"35" througl1"43", and through "50" of the Complaint.
4. With respect to the allegations of paragraphs"21","2B","34" and "44" of the
Cornplaint, adrnits such allegations as are elsewhere herein adrnitted, denies such allegations as are
elsewhere herein denied and denies having knowledge or infonnation sufficient to form a belief
regarding those allegations as are elsewhere herein sirnilarly treated.
5. Denies each and every allegation of the Complaint not heretofore specifically
adrnitted, denied or otherwise controvefted.
-1-
MURA LAw Gnoue, plr-c e 930 RAND BUTLDTNG. l4 LarayBrrn SquanE. BUFFALo, NEw YORK 14203
(716) 855-2800.nax (716) 8ss-2816
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FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 24 RECEIVED NO. 610946/2022
rNDEXNYSCEF: 12/02/2022
NYSCEF DOC. NO. RECETVED NYSCEF | 1,1,/30/2022
FIRST AFFIRMATIVE DEFENSE
6. Upon information and belief, Plaintiffs' Complaint fails to state a cause of
action as against this answering defendant for which relief may be granted.
WHEREFORE, defendant ERHARDT ADJUSTMENT CO., INC., respectfully
demands judgment as follows:
A. dismissing the Complaint herein;
B. awarding such other, further and different relief to this answering defendant
which this Court may deem just, proper and equitable.
DATED: Buffalo, New York
November 30,2022
MURA LAW"GROUP, PLLC
A t t o r ne y s .for D efe n dant
Erhardt Adiustmenl Co., Inc.
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
(7r 6) 8ss-2800
r oy;nrrt .
;r rr).rrrrrlirIrrr.r
rrrr
-2-
MURA LAw Gnoup, pt-t-c. 930 RAND BurLDrNc ol4 Laraverre Seuene . BUFFALo, New Yonr 14203
(716) 85s-2800 (716) 855-2816
o r,a.x
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FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 24 RECEIVED NO. 670946/2022
INDEXNYSCEF: 12/02/2022
NYSCEF DOC. NO. RECETVED NYSCEF : / 30 / 2022
1,1,
ATTORNEY VERIFICATION
The undersigned, an attorney at law adrnitted to practice in the courts of New York,
states: that affirrnant is the attorney for defendant ERHARDT ADJUSTMENT CO., INC. in the
within action; that affirrnant has read the foregoing answer and knows the contents thereof; that
the same is true to affirmant's own knowledge, except as to those matters deponent believes to be
true. Affinnant says that the reason this verification is rnade by affirrnant not by defendant, is that
defendant does not rnaintain its primary office within the county in which affirmation maintains
his office. The grounds for affirmant's belief as to all matters not stated upon affirmant's
krrowledge are a review of file investigation materials.
The undersigned affirms that the foregoing statements are true, under penalties of
peuury.
DATED: Buffalo, New York
wfr?--
November 30,2022
-3-
MURA LAw GRoup, pllco 930 RAND BUTLDTNG r l4 Larayprre Squenro Burralo, Nrw Yonr 14203
(716) 855-2800 . rax (716) 855-2816
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FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022
NYSCEF DOC. NO. 24 RECEIVEDrNDEX NO. 670946/2022
NYSCEF: 12/02/2022
NYSCEP DOC. NO. B RECETVED NYSCEF | 77/30 /2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Masuda Begum and Motashem Billah Index No.: 61094612022
Plaintifl, NOTICE OF REJECTION
OF ERIIARDT'S
- against - UNTIMELY ANSWER
Associated Mutual Insurance Cooperative,
Erhardt Adjustment Co., Inc. and All Dry USA
Defendants.
Plaintiffs Masuda Begum and Motashem Billah, by their attorneys, Jonathan Edward
Kirchner, P.C., hereby reject the untimely answer of Defendant Erhardt Adjustment Co.,
Inc., which was filed on November 30,2022, as said party was served on August 29,
2022 and the affidavit of service was filed on September 13,2022.
Dated: Huntington, New York
November 30,2022 Edward Kirchner
Edward Kirchner, P.C.
s for Plaintiff
149 Main Street, 2nd Floor
Huntington, New York 11743
(631) 741-r880
I
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Preview
FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 24 RECEIVED NO. 610946/2022 ]NDEXNYSCEF: 12/02/2022 NYSCEF DOC. NO. 7 RECETVED NYSCEF I al/30/2022 NEW YORK STATE SUPREME COURT COLINTY OF NASSAU MASUDA BIICIJM and MO'I'ASIlllM IItLLAII. VERIFIED ANSWER Plaintiffs, Index No. 61094612022 v. ASSOCIATED MUTUAL INSLIRANCE COOPERATIVE, ERHARDT ADJUSTMENT CO., INC. and ALL DRY USA, Defendants. Defendant, ERHARDT ADJUSTMENT CO., INC., by and through its attorneys, MURA LAW GROUP, PLLC, as and for its answer to the Plaintiffs' Verified Cornplaint dated July 28,2022 ("the Complaint"), states as follows, upon infonnation and belief: l. Admits the allegations of paragrapll"4" of the Cornplaint. 2. Derries tlre allegations of paragraphs "20", "29", "30", "37" , "32" and "33" of the Complaint. 3. Denies having knowledge or information sufficient to form a belief as to the truth or accuracy ofthe allegations of paragraphs o'1",0'2","3","5" through "79","22" though"27", o'45" "35" througl1"43", and through "50" of the Complaint. 4. With respect to the allegations of paragraphs"21","2B","34" and "44" of the Cornplaint, adrnits such allegations as are elsewhere herein adrnitted, denies such allegations as are elsewhere herein denied and denies having knowledge or infonnation sufficient to form a belief regarding those allegations as are elsewhere herein sirnilarly treated. 5. Denies each and every allegation of the Complaint not heretofore specifically adrnitted, denied or otherwise controvefted. -1- MURA LAw Gnoue, plr-c e 930 RAND BUTLDTNG. l4 LarayBrrn SquanE. BUFFALo, NEw YORK 14203 (716) 855-2800.nax (716) 8ss-2816 1of3 FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 24 RECEIVED NO. 610946/2022 rNDEXNYSCEF: 12/02/2022 NYSCEF DOC. NO. RECETVED NYSCEF | 1,1,/30/2022 FIRST AFFIRMATIVE DEFENSE 6. Upon information and belief, Plaintiffs' Complaint fails to state a cause of action as against this answering defendant for which relief may be granted. WHEREFORE, defendant ERHARDT ADJUSTMENT CO., INC., respectfully demands judgment as follows: A. dismissing the Complaint herein; B. awarding such other, further and different relief to this answering defendant which this Court may deem just, proper and equitable. DATED: Buffalo, New York November 30,2022 MURA LAW"GROUP, PLLC A t t o r ne y s .for D efe n dant Erhardt Adiustmenl Co., Inc. 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 (7r 6) 8ss-2800 r oy;nrrt . ;r rr).rrrrrlirIrrr.r rrrr -2- MURA LAw Gnoup, pt-t-c. 930 RAND BurLDrNc ol4 Laraverre Seuene . BUFFALo, New Yonr 14203 (716) 85s-2800 (716) 855-2816 o r,a.x 2of3 FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 24 RECEIVED NO. 670946/2022 INDEXNYSCEF: 12/02/2022 NYSCEF DOC. NO. RECETVED NYSCEF : / 30 / 2022 1,1, ATTORNEY VERIFICATION The undersigned, an attorney at law adrnitted to practice in the courts of New York, states: that affirrnant is the attorney for defendant ERHARDT ADJUSTMENT CO., INC. in the within action; that affirrnant has read the foregoing answer and knows the contents thereof; that the same is true to affirmant's own knowledge, except as to those matters deponent believes to be true. Affinnant says that the reason this verification is rnade by affirrnant not by defendant, is that defendant does not rnaintain its primary office within the county in which affirmation maintains his office. The grounds for affirmant's belief as to all matters not stated upon affirmant's krrowledge are a review of file investigation materials. The undersigned affirms that the foregoing statements are true, under penalties of peuury. DATED: Buffalo, New York wfr?-- November 30,2022 -3- MURA LAw GRoup, pllco 930 RAND BUTLDTNG r l4 Larayprre Squenro Burralo, Nrw Yonr 14203 (716) 855-2800 . rax (716) 855-2816 3of3 FILED: NASSAU COUNTY CLERK 12/02/2022 09:47 PM INDEX NO. 610946/2022 NYSCEF DOC. NO. 24 RECEIVEDrNDEX NO. 670946/2022 NYSCEF: 12/02/2022 NYSCEP DOC. NO. B RECETVED NYSCEF | 77/30 /2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Masuda Begum and Motashem Billah Index No.: 61094612022 Plaintifl, NOTICE OF REJECTION OF ERIIARDT'S - against - UNTIMELY ANSWER Associated Mutual Insurance Cooperative, Erhardt Adjustment Co., Inc. and All Dry USA Defendants. Plaintiffs Masuda Begum and Motashem Billah, by their attorneys, Jonathan Edward Kirchner, P.C., hereby reject the untimely answer of Defendant Erhardt Adjustment Co., Inc., which was filed on November 30,2022, as said party was served on August 29, 2022 and the affidavit of service was filed on September 13,2022. Dated: Huntington, New York November 30,2022 Edward Kirchner Edward Kirchner, P.C. s for Plaintiff 149 Main Street, 2nd Floor Huntington, New York 11743 (631) 741-r880 I 1of1