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FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONONDAGA
____________________________________________
RODNEY L. MCLAURIN,
Plaintiff, ANSWER
v. Index No.: 008858/2020
KAMARA SAFRANKO and
GERALD J. SAFRANKO,
Defendants.
____________________________________________
Defendants, KAMARA SAFRANKO and GERALD J. SAFRANKO, by their attorneys,
HAGELIN SPENCER LLC, for their Answer to the Plaintiff’s Complaint, herein allege upon
information and belief:
FIRST: Deny the allegations contained in paragraphs “13” and “14” of the
Plaintiff’s Complaint.
SECOND: Deny having knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs “1”, “4”, “6”, and “9” of the Plaintiff’s Complaint.
THIRD: Admit the allegations contained in paragraphs “2”, “3”, “5”, “7”, “8”, “10”,
“11”, and “12” of the Plaintiff’s Complaint.
FOURTH: Deny each and every allegation of Plaintiffs Complaint not hereinbefore
specifically admitted, denied, or otherwise controverted.
FOR A FIRST AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
FIFTH: That upon information and belief, the accident, and/or injuries, and/or
damages, as alleged in the Complaint, which were sustained by the Plaintiff were caused in whole
or in part or were contributed to by the culpable conduct and want of care on the part of the
Plaintiff's negligence, and/or Plaintiff's assumption of the risk, without any negligence or fault or
want of care on the part of these answering Defendants.
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FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021
FOR A SECOND AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
SIXTH: That upon information and belief, all or part of the cost of Plaintiff's medical
care, loss of earnings, or other economic loss may have been paid, replaced or indemnified in
whole or in part from collateral sources or with reasonable certainty, will be replaced or
indemnified in the future from such collateral sources and to that extent, the Defendants request
that in the event Plaintiff recovers any judgment herein, that such amounts as have been or may be
recovered in whole or in part from collateral sources be determined by the court and the amounts
Plaintiff recovers be reduced by said amounts.
FOR A THIRD AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
SEVENTH: That upon information and belief, the Plaintiff did not sustain a serious
injury as defined in Section 5102(d) of the Insurance Law of the State of New York and has not
sustained economic loss greater than basic economic loss as defined in Section 5102(a) of the
Insurance Law of the State of New York.
FOR A FOURTH AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
EIGHTH: That upon information and belief, the vehicle which was occupied by the
Plaintiff at the time of the incident complained of in the Complaint, was equipped with seat belts
and/or harnesses, the use of which would have prevented or substantially reduced the Plaintiff's
injuries, but upon information and belief the Plaintiff did not make use of such a device(s). That
the Plaintiff's failure to wear such safety equipment was a contributing factor to his injuries, if any.
FOR A FIFTH AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
NINTH: That upon information and belief, the accident in issue may have been
caused by an emergency situation created in the absence of negligence on the part of the
Defendants, and they are, therefore, free of negligence as a matter of law.
FOR A SIXTH AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
TENTH: That upon information and belief, the Plaintiff has failed to obtain
jurisdiction over one or more of these named Defendants.
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FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021
FOR A SEVENTH AFFIRMATIVE DEFENSE,
THE DEFENDANTS HEREIN ALLEGE:
ELEVENTH: That upon information and belief, the medical claims of the Plaintiff are
frivolous as a matter of law entitling these Defendants to an award of costs and disbursements
pursuant to CPLR § 8303-a.
WHEREFORE, the Defendants demand judgment dismissing the Plaintiff’s Complaint,
and further demand that the ultimate rights of the parties be determined, and the Defendants
demand the costs and disbursements of this action.
DATED: February 11, 2021
Liverpool, New York
__________________________________
Laura B. Gardiner, Esq.
HAGELIN SPENCER LLC
Attorneys for Defendants
1000 7th N Street, Suite 120
Liverpool, New York 13088
(315) 701-5768
TO: Randy Mallaber, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, New York 14221-5986
(716) 633-3535
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Preview
FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA ____________________________________________ RODNEY L. MCLAURIN, Plaintiff, ANSWER v. Index No.: 008858/2020 KAMARA SAFRANKO and GERALD J. SAFRANKO, Defendants. ____________________________________________ Defendants, KAMARA SAFRANKO and GERALD J. SAFRANKO, by their attorneys, HAGELIN SPENCER LLC, for their Answer to the Plaintiff’s Complaint, herein allege upon information and belief: FIRST: Deny the allegations contained in paragraphs “13” and “14” of the Plaintiff’s Complaint. SECOND: Deny having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “1”, “4”, “6”, and “9” of the Plaintiff’s Complaint. THIRD: Admit the allegations contained in paragraphs “2”, “3”, “5”, “7”, “8”, “10”, “11”, and “12” of the Plaintiff’s Complaint. FOURTH: Deny each and every allegation of Plaintiffs Complaint not hereinbefore specifically admitted, denied, or otherwise controverted. FOR A FIRST AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: FIFTH: That upon information and belief, the accident, and/or injuries, and/or damages, as alleged in the Complaint, which were sustained by the Plaintiff were caused in whole or in part or were contributed to by the culpable conduct and want of care on the part of the Plaintiff's negligence, and/or Plaintiff's assumption of the risk, without any negligence or fault or want of care on the part of these answering Defendants. 1 of 3 FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021 FOR A SECOND AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: SIXTH: That upon information and belief, all or part of the cost of Plaintiff's medical care, loss of earnings, or other economic loss may have been paid, replaced or indemnified in whole or in part from collateral sources or with reasonable certainty, will be replaced or indemnified in the future from such collateral sources and to that extent, the Defendants request that in the event Plaintiff recovers any judgment herein, that such amounts as have been or may be recovered in whole or in part from collateral sources be determined by the court and the amounts Plaintiff recovers be reduced by said amounts. FOR A THIRD AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: SEVENTH: That upon information and belief, the Plaintiff did not sustain a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York and has not sustained economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law of the State of New York. FOR A FOURTH AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: EIGHTH: That upon information and belief, the vehicle which was occupied by the Plaintiff at the time of the incident complained of in the Complaint, was equipped with seat belts and/or harnesses, the use of which would have prevented or substantially reduced the Plaintiff's injuries, but upon information and belief the Plaintiff did not make use of such a device(s). That the Plaintiff's failure to wear such safety equipment was a contributing factor to his injuries, if any. FOR A FIFTH AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: NINTH: That upon information and belief, the accident in issue may have been caused by an emergency situation created in the absence of negligence on the part of the Defendants, and they are, therefore, free of negligence as a matter of law. FOR A SIXTH AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: TENTH: That upon information and belief, the Plaintiff has failed to obtain jurisdiction over one or more of these named Defendants. 2 of 3 FILED: ONONDAGA COUNTY CLERK 02/15/2021 03:03 PM INDEX NO. 008858/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/15/2021 FOR A SEVENTH AFFIRMATIVE DEFENSE, THE DEFENDANTS HEREIN ALLEGE: ELEVENTH: That upon information and belief, the medical claims of the Plaintiff are frivolous as a matter of law entitling these Defendants to an award of costs and disbursements pursuant to CPLR § 8303-a. WHEREFORE, the Defendants demand judgment dismissing the Plaintiff’s Complaint, and further demand that the ultimate rights of the parties be determined, and the Defendants demand the costs and disbursements of this action. DATED: February 11, 2021 Liverpool, New York __________________________________ Laura B. Gardiner, Esq. HAGELIN SPENCER LLC Attorneys for Defendants 1000 7th N Street, Suite 120 Liverpool, New York 13088 (315) 701-5768 TO: Randy Mallaber, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, New York 14221-5986 (716) 633-3535 3 of 3