Preview
FILED: ORANGE COUNTY CLERK 07/14/2021 02:22 PM INDEX NO. EF003805-2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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APRIL SHIPMAN, CIVIL ACTION
Plaintiff, Index No.: EF003805/2021
-against-
DEFENDANT RAKA ZEREZGHI
ANSWER TO VERIFIED
NFI TRANSPORTATION, NATIONAL FREIGHT, COMPLAINT
INC., and RAKA ZEREZGHI,
Defendants.
-------------------------------------------------------------X
Defendant, RAKA ZEREZGHI, by his attorneys, FISHMAN MCINTYRE LEVINE
SAMANSKY, P.C., as and foritsVerified Answer, allege as follows:
ANSWERING A FIRST CAUSE OF ACTION
1. Denies knowledge or information sufficient to form a belief as to the allegations contained
in paragraphs 1 and 16.
2. As the allegations contained in paragraphs 3, 4, 5, 6, 7, 10, 11, 13 and 14, are not
directed against this answering defendant/these answering defendants, this defendant/these
answering defendants, can neither admit nor deny said allegations. To the extent the allegations
contained in the aforesaid paragraphs of plaintiff's complaint are directed against this
defendant/these defendants, this defendant/these defendants deny same.
3. Denies knowledge or information sufficient to form a belief as to the allegations contained
in paragraphs 17, 19, 21, 22, 23, 24 and 25, and refers allquestions of law to the trialcourt.
4. In response to paragraphs 12 and 15 of plaintiff's complaint, defendant Raka Zerezghi,
admits to being the operator of a 2020 tractor trailer, and admits that he operated the same with the
knowledge, permission and consent of his employer.
5. Denies the allegations contained in paragraphs 8, 9, 18 and 20.
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6. Admits the allegations contained in paragraph 2.
AS AND FOR A FIRST SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
7. That the culpable conduct of the plaintiff, including contributory negligence and
assumption of risk, caused, in whole or in part,the damages claimed herein and pursuant to CPLR 1411
said damages should be diminished in the proportion which the culpable conduct attri'ou'utble
to the plaintiff
bears to the culpable conduct which caused said damages.
AS AND FOR A SECOND SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
8. That the plaintifffailed to sustain serious injury as defined in Section 5102 ofthe Insurance
Law and an economic loss greater than the basic economic loss as defined in (Section 5102 of) theInsurance
Law.
AS AND FOR A THIRD SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
9. Plaintiff's complaint fails to statea cause of action upon which reliefmay be granted.
AS AND FOR A FOURTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
10. That if it be determined that plaintiff failed to use available seat belts, answering
defendants plead said fact as a complete and/or partial defense and in mitigation of damages.
AS AND FOR A FIFTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
11. Plaintiff(s) failed to mitigate his/her/their damages.
AS AND FOR A SIXTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
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12. That the liability of this answering Defendant is limited by law under the terms of
Article 16 of the C.P.L.R.
AS AND FOR A SEVENTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
Amendment"
13. Plaintiff's claims are barred from the "Graves 49 U.S.C. §30106(a).
AS AND FOR A EIGHTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE THE
DEFENDANTS ALLEGE
14. That any award recovered by Plaintiffs must be reduced by receipt of collateral
source payments.
WHEREFORE, this Defendant demands judgment dismissing the Plaintiff's Complaint, together
with such other and further relief as thisCourt may deem just and proper.
Dated: New York, New York
July 12, 2021
Yours etc.,
MITCHE L B.
FISHMAN MCINTYRE LEVINE
SAMANSKY P.C.
Attorneys for Defendants
NFI INTERACTIVE LOGISTICS, LLC,
i/s/h/a NFI TRANSPORTATION
and RAKA ZEREZGHI
17*
521 Fifth Avenue, Floor
New York, New York 10175
(212) 461-7190
File No.: NFI-003
TO: Patrick Owen, Esq.
250 Crystal Run Road
Middletown, New York 10941
Tel: (845) 692-8000
Attorneys for Plaintiff
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VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice in the courts of the State of New
York, state that I am a member of the firm of FISHMAN MCINTYRE LEVINE SAMANSKY,
P.C., the attorneys of record for Defendants NFI TRANSPORTATION and NATIONAL
FREIGHT, INC. and RAKA ZEREZGHI, in the within action; I have read the foregoing Answer
and know the contents thereof; the same is true to my own knowledge, except as to matters therein
stated to be upon information and belief, and as to those matters I believe them to be true. I make
this verification because my client resides or maintains its principal place of business in a county
other than the one in which my office is located.
The grounds of my belief as to all matters not stated upon my own knowledge are
as follows:
Office files,investigation, etc.
Dated: New York, New York
July 12, 2021
MITCHELL B. LEVINE
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FILED: ORANGE COUNTY CLERK 07/14/2021 02:22 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -----------------------------------------------------------------X APRIL SHIPMAN, CIVIL ACTION Plaintiff, Index No.: EF003805/2021 -against- DEFENDANT RAKA ZEREZGHI ANSWER TO VERIFIED NFI TRANSPORTATION, NATIONAL FREIGHT, COMPLAINT INC., and RAKA ZEREZGHI, Defendants. -------------------------------------------------------------X Defendant, RAKA ZEREZGHI, by his attorneys, FISHMAN MCINTYRE LEVINE SAMANSKY, P.C., as and foritsVerified Answer, allege as follows: ANSWERING A FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 1 and 16. 2. As the allegations contained in paragraphs 3, 4, 5, 6, 7, 10, 11, 13 and 14, are not directed against this answering defendant/these answering defendants, this defendant/these answering defendants, can neither admit nor deny said allegations. To the extent the allegations contained in the aforesaid paragraphs of plaintiff's complaint are directed against this defendant/these defendants, this defendant/these defendants deny same. 3. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 17, 19, 21, 22, 23, 24 and 25, and refers allquestions of law to the trialcourt. 4. In response to paragraphs 12 and 15 of plaintiff's complaint, defendant Raka Zerezghi, admits to being the operator of a 2020 tractor trailer, and admits that he operated the same with the knowledge, permission and consent of his employer. 5. Denies the allegations contained in paragraphs 8, 9, 18 and 20. 1 of 4 FILED: ORANGE COUNTY CLERK 07/14/2021 02:22 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2021 6. Admits the allegations contained in paragraph 2. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 7. That the culpable conduct of the plaintiff, including contributory negligence and assumption of risk, caused, in whole or in part,the damages claimed herein and pursuant to CPLR 1411 said damages should be diminished in the proportion which the culpable conduct attri'ou'utble to the plaintiff bears to the culpable conduct which caused said damages. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 8. That the plaintifffailed to sustain serious injury as defined in Section 5102 ofthe Insurance Law and an economic loss greater than the basic economic loss as defined in (Section 5102 of) theInsurance Law. AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 9. Plaintiff's complaint fails to statea cause of action upon which reliefmay be granted. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 10. That if it be determined that plaintiff failed to use available seat belts, answering defendants plead said fact as a complete and/or partial defense and in mitigation of damages. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 11. Plaintiff(s) failed to mitigate his/her/their damages. AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 2 2 of 4 FILED: ORANGE COUNTY CLERK 07/14/2021 02:22 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2021 12. That the liability of this answering Defendant is limited by law under the terms of Article 16 of the C.P.L.R. AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE Amendment" 13. Plaintiff's claims are barred from the "Graves 49 U.S.C. §30106(a). AS AND FOR A EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANTS ALLEGE 14. That any award recovered by Plaintiffs must be reduced by receipt of collateral source payments. WHEREFORE, this Defendant demands judgment dismissing the Plaintiff's Complaint, together with such other and further relief as thisCourt may deem just and proper. Dated: New York, New York July 12, 2021 Yours etc., MITCHE L B. FISHMAN MCINTYRE LEVINE SAMANSKY P.C. Attorneys for Defendants NFI INTERACTIVE LOGISTICS, LLC, i/s/h/a NFI TRANSPORTATION and RAKA ZEREZGHI 17* 521 Fifth Avenue, Floor New York, New York 10175 (212) 461-7190 File No.: NFI-003 TO: Patrick Owen, Esq. 250 Crystal Run Road Middletown, New York 10941 Tel: (845) 692-8000 Attorneys for Plaintiff 3 3 of 4 FILED: ORANGE COUNTY CLERK 07/14/2021 02:22 PM INDEX NO. EF003805-2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 07/14/2021 VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice in the courts of the State of New York, state that I am a member of the firm of FISHMAN MCINTYRE LEVINE SAMANSKY, P.C., the attorneys of record for Defendants NFI TRANSPORTATION and NATIONAL FREIGHT, INC. and RAKA ZEREZGHI, in the within action; I have read the foregoing Answer and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be upon information and belief, and as to those matters I believe them to be true. I make this verification because my client resides or maintains its principal place of business in a county other than the one in which my office is located. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Office files,investigation, etc. Dated: New York, New York July 12, 2021 MITCHELL B. LEVINE 4 4 of 4