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FILED: RICHMOND COUNTY CLERK 10/05/2021 03:16 PM INDEX NO. 151677/2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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ADMIR PALJEVIC, Index No.: 151677/2021
Plaintiff(s), VERIFIED ANSWER
-against-
THE METROPOLITAN TRANSPORTATION
AUTHORITY, THE NEW YORK CITY TRANSIT
AUTHORITY, and YANMOU LI,
Defendant(s).
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Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION
AUTHORITY, and YANMOU LI, answer Plaintiff's(s') Verified Complaint as follows:
1. Deny the knowledge or information sufficient to form a belief as to the allegation(s)
contained in paragraph(s) FIRST and TWENTY-SECOND, of the Verified Complaint.
2. Deny, upon information and belief the allegation(s) contained in paragraph(s) THIRD,
FIFTH, SEVENTH, THIRTEENTH, SIXTEENTH, NINETEENTH, and TWENTY-FIFTH through and including
THIRTY-FIRST, of the Verified Complaint.
3. Deny, upon information and belief, the allegations contained in paragraph(s) FOURTH,
SIXTH, EIGHTH through and including TWELFTH, FOURTEENTH, FIFTEENTH, SEVENTEENTH,
EIGHTEENTH, TWENTIETH, TWENTY-FIRST, TWENTY-THIRD, and TWENTY-FOURTH, of the Verified
Complaint except admit(s) that NEW YORK CITY TRANSIT AUTHORITY owned, operated, managed,
controlled, and maintained a bus identified as “8699” and YANMOU LI operated said bus in the scope of
his employment with NEW YORK CITY TRANSIT AUTHORITY.
FIRST AFFIRMATIVE DEFENSE: CULPABLE CONDUCT
4. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have
sustained at the time and place mentioned in the Verified Complaint, were caused, in whole or in part,
by Plaintiff’s(s') culpable conduct. The amount of damages recovered, if any, shall be diminished in the
proportion that said culpable conduct attributable to Plaintiff(s) caused said injuries and/or damages.
SECOND AFFIRMATIVE DEFENSE: COLLATERAL SOURCE
5. Upon information and belief, any award for recovery of the cost of medical care, dental
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care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed by
Plaintiff’s(s’) shall be reduced to the extent that any such cost was or will with reasonable certainty be
replaced or indemnified from any collateral source pursuant to CPLR §4545.
THIRD AFFIRMATIVE DEFENSE: EMERGENCY DOCTRINE
6. Upon information and belief, Defendant’s employee was confronted by an emergency
not of his/her own creation and defendant is therefore relieved of liability.
FOURTH AFFIRMATIVE DEFENSE: FAILURE TO STATE A CAUSE OF ACTION
7. Plaintiff(s) herein has failed to comply with the provisions of Section 1212 of the Public
Authorities Law of the State of New York, in that Plaintiff(s) has failed to state a cause of action against
defendants.
FIFTH AFFIRMATIVE DEFENSE: FAILURE TO MITIGATE DAMAGES
8. Upon information and belief, plaintiff(s) failed to take any or sufficient action, or such
action as was necessary to mitigate or minimize the injuries and damages alleged or the conditions that
allegedly gave rise to those purported injuries or damages.
SIXTH AFFIRMATIVE DEFENSE: PAYMENTS
9. The amounts recoverable by plaintiff(s) are subject to limitation pursuant to Section 1601
of the Civil Practice Law and Rules, by reason of the culpable conduct of other person(s) who are, or with
reasonable diligence could have been made party defendant(s) to this action, or pursuant to Section 15-
108 of the General Obligations Law, by reason of a prior settlement between plaintiff(s) and said
person(s), or pursuant to Section 4545 of the Civil Practice Law and Rules are subject to reduction by
collateral sources received by plaintiff(s), or by reason of the fact that punitive damages are not
recoverable against municipal defendant(s).
SEVENTH AFFIRMATIVE DEFENSE: ASSUMPTION OF RISK
10. At all times mentioned in the complaint, plaintiff(s) knew or should have known in the
exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged.
Plaintiff(s) voluntarily performed and engaged in the alleged activity and assumed the risk of the injuries
and/or damages claimed. Plaintiff(s) failed to use all required, proper, appropriate and reasonable safety
devices and/or equipment and failed to take all proper, appropriate and reasonable steps to assure
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his/her/their safety. Plaintiff(s)’ primary assumption of risk solely caused his/her/their injuries and/or
damage and defendant(s) owed no duty to the plaintiff(s) with respect to the risk assumed. Plaintiff(s)’
express assumption of risk solely caused his/her/their injuries and/or damage and defendant(s) owed
no duty to the plaintiff(s) with respect to the risk assumed. Plaintiff(s)’ implied assumption of risk caused
or contributed, in whole or in part to his/her/their injuries. In any action for injuries arising from the
use of a vehicle in, or upon which plaintiff(s) were riding; it will be claimed that the injuries and/or
damages sustained were caused by the failure of the plaintiff(s) to use available seat-belts and/or other
safety devices.
RESERVATION OF DEFENSES
11. Defendants presently have insufficient knowledge or information on which to form a
belief as to whether they may have additional yet unstated defenses available. Defendants reserve the
right to assert additional defenses in the event discovery indicates that they would be appropriate.
WHEREFORE, defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY, and YANMOU LI, demand judgment dismissing Plaintiff’s(s’) verified
complaint with costs and disbursements; and for such other and further relief as this Court may deem
just, proper and equitable.
Dated: Brooklyn, New York
October 5, 2021
ANNA J. ERVOLINA
By: Haydee Correa, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY,
and YANMOU LI
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
Haydee.Correa@nyct.com
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VERIFICATION
I am an attorney associated with ANNA J. ERVOLINA, attorney for Defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI. I have read
the foregoing Verified Answer, Discovery Demands, and Demand for a Verified Bill of Particulars, and
the same are true to my knowledge except as to matters stated to be alleged on information and belief,
and as to those matters I believe them to be true. The sources of my information and the grounds for my
belief are the books, records, and papers of Defendant(s), NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI, relating to the matter in issue
and/or statements made by the officers, agents, and employees of the Defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI, and that the
reason why this verification is not made by Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, and
METROPOLITAN TRANSPORTATION AUTHORITY is that Defendant(s) is/are public benefit
corporation(s), and YANMOU LI does not reside in the county in which defendants maintain their
principal place of business. I affirm that the foregoing statements are true under penalties of perjury.
My signature below constitutes the signature required pursuant to 22 NYCRR 130-1.1a, and it
applies to all enclosed documents (Verified Answer, Discovery Demands, and Demand for a Verified Bill
of Particulars).
Dated: Brooklyn, New York
October 5, 2021
Haydee Correa
ANNA J. ERVOLINA
By: Haydee Correa, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY,
and YANMOU LI
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
Haydee.Correa@nyct.com
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Preview
FILED: RICHMOND COUNTY CLERK 10/05/2021 03:16 PM INDEX NO. 151677/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------- X ADMIR PALJEVIC, Index No.: 151677/2021 Plaintiff(s), VERIFIED ANSWER -against- THE METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, and YANMOU LI, Defendant(s). ------------------------------------------------- X Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and YANMOU LI, answer Plaintiff's(s') Verified Complaint as follows: 1. Deny the knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) FIRST and TWENTY-SECOND, of the Verified Complaint. 2. Deny, upon information and belief the allegation(s) contained in paragraph(s) THIRD, FIFTH, SEVENTH, THIRTEENTH, SIXTEENTH, NINETEENTH, and TWENTY-FIFTH through and including THIRTY-FIRST, of the Verified Complaint. 3. Deny, upon information and belief, the allegations contained in paragraph(s) FOURTH, SIXTH, EIGHTH through and including TWELFTH, FOURTEENTH, FIFTEENTH, SEVENTEENTH, EIGHTEENTH, TWENTIETH, TWENTY-FIRST, TWENTY-THIRD, and TWENTY-FOURTH, of the Verified Complaint except admit(s) that NEW YORK CITY TRANSIT AUTHORITY owned, operated, managed, controlled, and maintained a bus identified as “8699” and YANMOU LI operated said bus in the scope of his employment with NEW YORK CITY TRANSIT AUTHORITY. FIRST AFFIRMATIVE DEFENSE: CULPABLE CONDUCT 4. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have sustained at the time and place mentioned in the Verified Complaint, were caused, in whole or in part, by Plaintiff’s(s') culpable conduct. The amount of damages recovered, if any, shall be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused said injuries and/or damages. SECOND AFFIRMATIVE DEFENSE: COLLATERAL SOURCE 5. Upon information and belief, any award for recovery of the cost of medical care, dental 1 of 4 FILED: RICHMOND COUNTY CLERK 10/05/2021 03:16 PM INDEX NO. 151677/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/05/2021 care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed by Plaintiff’s(s’) shall be reduced to the extent that any such cost was or will with reasonable certainty be replaced or indemnified from any collateral source pursuant to CPLR §4545. THIRD AFFIRMATIVE DEFENSE: EMERGENCY DOCTRINE 6. Upon information and belief, Defendant’s employee was confronted by an emergency not of his/her own creation and defendant is therefore relieved of liability. FOURTH AFFIRMATIVE DEFENSE: FAILURE TO STATE A CAUSE OF ACTION 7. Plaintiff(s) herein has failed to comply with the provisions of Section 1212 of the Public Authorities Law of the State of New York, in that Plaintiff(s) has failed to state a cause of action against defendants. FIFTH AFFIRMATIVE DEFENSE: FAILURE TO MITIGATE DAMAGES 8. Upon information and belief, plaintiff(s) failed to take any or sufficient action, or such action as was necessary to mitigate or minimize the injuries and damages alleged or the conditions that allegedly gave rise to those purported injuries or damages. SIXTH AFFIRMATIVE DEFENSE: PAYMENTS 9. The amounts recoverable by plaintiff(s) are subject to limitation pursuant to Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other person(s) who are, or with reasonable diligence could have been made party defendant(s) to this action, or pursuant to Section 15- 108 of the General Obligations Law, by reason of a prior settlement between plaintiff(s) and said person(s), or pursuant to Section 4545 of the Civil Practice Law and Rules are subject to reduction by collateral sources received by plaintiff(s), or by reason of the fact that punitive damages are not recoverable against municipal defendant(s). SEVENTH AFFIRMATIVE DEFENSE: ASSUMPTION OF RISK 10. At all times mentioned in the complaint, plaintiff(s) knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged. Plaintiff(s) voluntarily performed and engaged in the alleged activity and assumed the risk of the injuries and/or damages claimed. Plaintiff(s) failed to use all required, proper, appropriate and reasonable safety devices and/or equipment and failed to take all proper, appropriate and reasonable steps to assure 2 of 4 FILED: RICHMOND COUNTY CLERK 10/05/2021 03:16 PM INDEX NO. 151677/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/05/2021 his/her/their safety. Plaintiff(s)’ primary assumption of risk solely caused his/her/their injuries and/or damage and defendant(s) owed no duty to the plaintiff(s) with respect to the risk assumed. Plaintiff(s)’ express assumption of risk solely caused his/her/their injuries and/or damage and defendant(s) owed no duty to the plaintiff(s) with respect to the risk assumed. Plaintiff(s)’ implied assumption of risk caused or contributed, in whole or in part to his/her/their injuries. In any action for injuries arising from the use of a vehicle in, or upon which plaintiff(s) were riding; it will be claimed that the injuries and/or damages sustained were caused by the failure of the plaintiff(s) to use available seat-belts and/or other safety devices. RESERVATION OF DEFENSES 11. Defendants presently have insufficient knowledge or information on which to form a belief as to whether they may have additional yet unstated defenses available. Defendants reserve the right to assert additional defenses in the event discovery indicates that they would be appropriate. WHEREFORE, defendants NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and YANMOU LI, demand judgment dismissing Plaintiff’s(s’) verified complaint with costs and disbursements; and for such other and further relief as this Court may deem just, proper and equitable. Dated: Brooklyn, New York October 5, 2021 ANNA J. ERVOLINA By: Haydee Correa, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and YANMOU LI 130 Livingston Street – 11th Floor Brooklyn, New York 11201 Haydee.Correa@nyct.com 3 of 4 FILED: RICHMOND COUNTY CLERK 10/05/2021 03:16 PM INDEX NO. 151677/2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/05/2021 VERIFICATION I am an attorney associated with ANNA J. ERVOLINA, attorney for Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI. I have read the foregoing Verified Answer, Discovery Demands, and Demand for a Verified Bill of Particulars, and the same are true to my knowledge except as to matters stated to be alleged on information and belief, and as to those matters I believe them to be true. The sources of my information and the grounds for my belief are the books, records, and papers of Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI, relating to the matter in issue and/or statements made by the officers, agents, and employees of the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY and YANMOU LI, and that the reason why this verification is not made by Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, and METROPOLITAN TRANSPORTATION AUTHORITY is that Defendant(s) is/are public benefit corporation(s), and YANMOU LI does not reside in the county in which defendants maintain their principal place of business. I affirm that the foregoing statements are true under penalties of perjury. My signature below constitutes the signature required pursuant to 22 NYCRR 130-1.1a, and it applies to all enclosed documents (Verified Answer, Discovery Demands, and Demand for a Verified Bill of Particulars). Dated: Brooklyn, New York October 5, 2021 Haydee Correa ANNA J. ERVOLINA By: Haydee Correa, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, and YANMOU LI 130 Livingston Street – 11th Floor Brooklyn, New York 11201 Haydee.Correa@nyct.com 4 of 4