Preview
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX NO. 611178/2021
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/17/2023
EXHIBIT B
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX
INDEX NO.
NO. 611178/2021
611178/2021
FILED: 10/01/2021 10:26 AM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 56
6 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/17/2023
10/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X
NICHOLAS DASSLER,
VERIFIED ANSWER
Plaintiff,
Index No. 611178/2021
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
-------------------------------------------------------------------------X
Defendants Golden Hawk, LLC and Daniel B. Kremen, by Smith Mazure, P.C., upon
information and belief, answer the complaint of plaintiff as follows:
1. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs of the complaint herein designated as: 7, 8, 9, 10 and
11.
2. Deny any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraph of the complaint designated 15, and respectfully refers
all questions of law to this Honorable Court.
3. Deny each and every allegation contained in all paragraphs of the complaint
herein designated as: 12, 13, 14, 16 and 17.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
That the amount recoverable shall be diminished in the proportion which the culpable
conduct attributable to the plaintiff bears to the culpable conduct which caused the damages,
including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
There is no personal jurisdiction over the defendants as service of process has not been
personally made within the State of New York nor pursuant to statutory authority.
1 of 5
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX
INDEX NO.
NO. 611178/2021
611178/2021
FILED: 10/01/2021 10:26 AM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 56
6 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/17/2023
10/01/2021
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance
Law of the State of New York nor has the plaintiff sustained any economic loss as defined in
Sections 5102 and 5104 of the Insurance Law of the State of New York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
That in the event plaintiff herein have made a claim for no-fault benefits and have
submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as
to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and
accordingly, any award made to and accepted by said plaintiff for injuries set forth in the
complaint must be reduced in such proportion to the extent that the injuries complained of were
caused, aggravated, or contributed to by plaintiff's failure to wear a seat belt and to have same
operational at the time of the occurrence.
WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff
together with the costs and disbursements of this action.
Dated: New York, New York
October 1, 2021
Yours, etc.,
SMITH MAZURE, P.C.
Attorneys for Defendants
Golden Hawk, LLC and Daniel B. Kremen
111 John Street, 20th Floor
New York, NY 10038
(516) 294-7325
NIC-00913
TO:
2
2 of 5
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX
INDEX NO.
NO. 611178/2021
611178/2021
FILED: 10/01/2021 10:26 AM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 56
6 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/17/2023
10/01/2021
Rosenberg & Gluck, L.L.P.
Attorney for Plaintiff
Nicholas Dassler
1176 Portion Road
Holtsville, NY 11742
(631) 451-7900/(631) 451-7955 (F)
APE/mzr
20
3
3 of 5
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX
INDEX NO.
NO. 611178/2021
611178/2021
FILED: 10/01/2021 10:26 AM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 56
6 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/17/2023
10/01/2021
VERIFICATION
Ann P. Eccher, an attorney duly admitted to practice law in the State of New
York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR
2106:
I am a member of Smith Mazure, P.C., and I have read the contents of the
foregoing answer and it is true of my own knowledge, except as to the matters therein stated to
be alleged on information and belief and that as to those matters I believe them to be true.
(X ) I make this verification because Defendants Golden Hawk,
LLC and Daniel B. Kremen, reside outside of the county
where Smith Mazure, P.C. maintains its office.
( ) I make this verification because Defendants Golden Hawk,
LLC and Daniel B. Kremen, is a corporation and Smith
Mazure, P.C., is its attorney in this action and my knowledge
is based upon all facts and corporation records available and in
my possession.
Dated: New York, New York
October 1, 2021
Ann P. Eccher
NIC-00913/20
4 of 5
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX
INDEX NO.
NO. 611178/2021
611178/2021
FILED: 10/01/2021 10:26 AM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 56
6 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 01/17/2023
10/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
NICHOLAS DASSLER, INDEX NO. 611178/2021
Plaintiff,
-against-
DANIEL B. KREMEN and GOLDEN HAWK LLC,
Defendants.
VERIFIED ANSWER
SMITH MAZURE, P.C.
Attorneys for Defendants
Golden Hawk, LLC and Daniel B. Kremen
111 John Street, 20th Floor
New York, NY 10038
(516) 294-7325
NIC-00913
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a
Ann P. Eccher hereby certifies
to the bestofthe undersigned s knowledge and information and belief and after an inquiry
reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are
not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper 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 there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111].
Dated: New York, New York Ann P. Eccher
October 1, 2021
APE/mzr
20
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX NO. 611178/2021 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 01/17/2023 EXHIBIT B FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX INDEX NO. NO. 611178/2021 611178/2021 FILED: 10/01/2021 10:26 AM NYSCEF NYSCEF DOC. DOC. NO. NO. 56 6 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/17/2023 10/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------X NICHOLAS DASSLER, VERIFIED ANSWER Plaintiff, Index No. 611178/2021 -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. -------------------------------------------------------------------------X Defendants Golden Hawk, LLC and Daniel B. Kremen, by Smith Mazure, P.C., upon information and belief, answer the complaint of plaintiff as follows: 1. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the complaint herein designated as: 7, 8, 9, 10 and 11. 2. Deny any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint designated 15, and respectfully refers all questions of law to this Honorable Court. 3. Deny each and every allegation contained in all paragraphs of the complaint herein designated as: 12, 13, 14, 16 and 17. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: There is no personal jurisdiction over the defendants as service of process has not been personally made within the State of New York nor pursuant to statutory authority. 1 of 5 FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX INDEX NO. NO. 611178/2021 611178/2021 FILED: 10/01/2021 10:26 AM NYSCEF NYSCEF DOC. DOC. NO. NO. 56 6 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/17/2023 10/01/2021 AS AND FOR A THIRD AFFIRMATIVE DEFENSE: The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance Law of the State of New York nor has the plaintiff sustained any economic loss as defined in Sections 5102 and 5104 of the Insurance Law of the State of New York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: That in the event plaintiff herein have made a claim for no-fault benefits and have submitted any dispute they may have had to Arbitration, then the decision of the arbitrator(s) as to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: That the plaintiff was not wearing a seat belt at the time of the alleged occurrence and accordingly, any award made to and accepted by said plaintiff for injuries set forth in the complaint must be reduced in such proportion to the extent that the injuries complained of were caused, aggravated, or contributed to by plaintiff's failure to wear a seat belt and to have same operational at the time of the occurrence. WHEREFORE, defendants demand judgment dismissing the complaint of Plaintiff together with the costs and disbursements of this action. Dated: New York, New York October 1, 2021 Yours, etc., SMITH MAZURE, P.C. Attorneys for Defendants Golden Hawk, LLC and Daniel B. Kremen 111 John Street, 20th Floor New York, NY 10038 (516) 294-7325 NIC-00913 TO: 2 2 of 5 FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX INDEX NO. NO. 611178/2021 611178/2021 FILED: 10/01/2021 10:26 AM NYSCEF NYSCEF DOC. DOC. NO. NO. 56 6 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/17/2023 10/01/2021 Rosenberg & Gluck, L.L.P. Attorney for Plaintiff Nicholas Dassler 1176 Portion Road Holtsville, NY 11742 (631) 451-7900/(631) 451-7955 (F) APE/mzr 20 3 3 of 5 FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX INDEX NO. NO. 611178/2021 611178/2021 FILED: 10/01/2021 10:26 AM NYSCEF NYSCEF DOC. DOC. NO. NO. 56 6 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/17/2023 10/01/2021 VERIFICATION Ann P. Eccher, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a member of Smith Mazure, P.C., and I have read the contents of the foregoing answer and it is true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. (X ) I make this verification because Defendants Golden Hawk, LLC and Daniel B. Kremen, reside outside of the county where Smith Mazure, P.C. maintains its office. ( ) I make this verification because Defendants Golden Hawk, LLC and Daniel B. Kremen, is a corporation and Smith Mazure, P.C., is its attorney in this action and my knowledge is based upon all facts and corporation records available and in my possession. Dated: New York, New York October 1, 2021 Ann P. Eccher NIC-00913/20 4 of 5 FILED: SUFFOLK COUNTY CLERK 01/17/2023 01:51 PM INDEX INDEX NO. NO. 611178/2021 611178/2021 FILED: 10/01/2021 10:26 AM NYSCEF NYSCEF DOC. DOC. NO. NO. 56 6 RECEIVED RECEIVED NYSCEF: NYSCEF: 01/17/2023 10/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NICHOLAS DASSLER, INDEX NO. 611178/2021 Plaintiff, -against- DANIEL B. KREMEN and GOLDEN HAWK LLC, Defendants. VERIFIED ANSWER SMITH MAZURE, P.C. Attorneys for Defendants Golden Hawk, LLC and Daniel B. Kremen 111 John Street, 20th Floor New York, NY 10038 (516) 294-7325 NIC-00913 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. §130-1.1a Ann P. Eccher hereby certifies to the bestofthe undersigned s knowledge and information and belief and after an inquiry reasonable under the circumstances, that, pursuant to 22 N.Y.C.R.R. §130-1.1a-b, (1) the contentions contained in the annexed document are not frivolous as defined in section 130-1.1(c) of this Subpart, and (2) where the paper 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 there from, and (ii) the matter was not obtained in violation of 22 NYCRR 1200.41-a [DR 7-111]. Dated: New York, New York Ann P. Eccher October 1, 2021 APE/mzr 20 5 of 5