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FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
____________________________________________
MARY C. PIETRZAK,
Plaintiff, ANSWER TO
AMENDED COMPLAINT
v.
Index No.: 812283/2021
THE CHILDREN’S PLACE
THE CHILDREN’S PLACE SERVICES COMPANY, LLC
WALDEN GALLERIA HOLDINGS, INC. and
PYRAMID WALDEN COMPANY, L.P.,
Defendants.
____________________________________________
Defendants, WALDEN GALLERIA HOLDINGS, INC. and PYRAMID WALDEN
COMPANY, L.P., for their Answer to the Plaintiff’s Amended Complaint herein allege:
1. DENY knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 1 of Plaintiff’s Amended Complaint.
2. DENY knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 2 of Plaintiff’s Amended Complaint.
3. DENY knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 4 [sic] of Plaintiff’s Amended Complaint.
4. ADMIT in Paragraph 5 [sic] that Defendant, Walden Galleria Holdings, Inc., is a
domestic business corporation authorized to transact business in the State of New York and DENY
the remaining allegations therein.
5. ADMIT in Paragraph 6 [sic] that Defendant, Pyramid Walden Company, L.P., is a
domestic limited partnership authorized to transact business in the State of New York and DENY
the remaining allegations therein.
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6. ADMIT in Paragraph 7 [sic] that Defendant, Pyramid Walden Company, L.P.,
owned the premises located at 1 Walden Galleria in the Town of Cheektowaga, and DENY the
remaining allegations therein.
7. With respect to the allegations contained in Paragraph 8 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
8. With respect to the allegations contained in Paragraph 9 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
9. With respect to the allegations contained in Paragraph 10 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
10. With respect to the allegations contained in Paragraph 11 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
11. DENY knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 12 [sic] of Plaintiff’s Amended Complaint.
12. With respect to the allegations contained in Paragraph 13 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
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and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
13. With respect to the allegations contained in Paragraph 14 [sic] of the Plaintiff’s
Amended Complaint, these answering Defendants DENY the allegations as they pertain to them,
and DENY knowledge or information sufficient to form a belief as to the truth of the allegations
for the remaining defendants.
14. DENY the allegations contained in Paragraph 15 [sic] of the Plaintiff’s Amended
Complaint.
15. Defendants deny each and every allegation of the Amended Complaint not
otherwise specifically admitted or denied.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
16. Plaintiff’s Amended Complaint fails to state a proper cause of action with respect
to these answering Defendants and, therefore, should be dismissed.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
17. If the Plaintiff, Mary C. Pietrzak, sustained any alleged damages, which damages
are expressly denied, then all such damages will have been caused or brought about in whole or in
part by the affirmative wrongdoing, fault, negligence, and failure of due care of Plaintiff. Any
recovery should be diminished in the proportion which Plaintiff’s culpability bears to the conduct
which caused the alleged damages, pursuant to CPLR Section 1411.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
18. The acts of others, not under the control of these answering Defendants, are the
proximate cause of the acts alleged by the Plaintiff.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
19. The limitations on joint and several liability set forth in CPLR Article 16 are
applicable to this action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
20. That upon trial of this action, it may appear that documentary evidence exists which
establishes a complete defense to this action.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
21. Upon information and belief, Plaintiff’s alleged injuries and damages were caused,
in whole or in part, by pre-existing conditions, or other contributory or concurrent conditions or
factors, including events occurring prior or subsequent to the occurrence or incidents made the
basis of Plaintiff’s claim against answering Defendants.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
22. That any alleged injury and damages sustained by Plaintiff was worsened by the
failure of the Plaintiff to act to mitigate such injury and damage.
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AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
23. Plaintiff’s Amended Complaint must be dismissed to the extent that Plaintiff has
failed to name a necessary party.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
24. 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, these answering 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.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE AGAINST
THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS
ALLEGE UPON INFORMATION AND BELIEF:
25. That if the Plaintiff has received sums of money in settlement of the claims asserted
herein, and that by reason thereof, these answering Defendants are entitled to the protection,
provisions and limitations of Section 15-108 of the General Obligations Law of the State of New
York in reducing the claim of the Plaintiff against the Defendants, by the amount stipulated in the
Release, the amount of consideration paid for it or the amount of the released Defendants’ equitable
share of the damages, whichever is the greatest.
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WHEREFORE, Walden Galleria Holdings, Inc. and Pyramid Walden Company, L.P.,
demand judgment dismissing the Plaintiff’s Amended Complaint, together with the costs and
disbursements of this action.
DATED: Buffalo, New York
January 24, 2022
GOLDBERG SEGALLA LLP
____________________________________
Christina G. Holdsworth, Esq.
Attorneys for Defendants
Walden Galleria Holdings, Inc. and
Pyramid Walden Company, L.P.
665 Main Street
Buffalo, New York 14203
Telephone: 716.566.5400
TO: C. Daniel McGillicuddy, Esq.
William Mattar, P.C.
Attorney for Plaintiff
6720 Main Street, Suite 100
Williamsville, New York 14221
Telephone: 716.633.3535
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FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ____________________________________________ MARY C. PIETRZAK, Plaintiff, ANSWER TO AMENDED COMPLAINT v. Index No.: 812283/2021 THE CHILDREN’S PLACE THE CHILDREN’S PLACE SERVICES COMPANY, LLC WALDEN GALLERIA HOLDINGS, INC. and PYRAMID WALDEN COMPANY, L.P., Defendants. ____________________________________________ Defendants, WALDEN GALLERIA HOLDINGS, INC. and PYRAMID WALDEN COMPANY, L.P., for their Answer to the Plaintiff’s Amended Complaint herein allege: 1. DENY knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiff’s Amended Complaint. 2. DENY knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of Plaintiff’s Amended Complaint. 3. DENY knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 [sic] of Plaintiff’s Amended Complaint. 4. ADMIT in Paragraph 5 [sic] that Defendant, Walden Galleria Holdings, Inc., is a domestic business corporation authorized to transact business in the State of New York and DENY the remaining allegations therein. 5. ADMIT in Paragraph 6 [sic] that Defendant, Pyramid Walden Company, L.P., is a domestic limited partnership authorized to transact business in the State of New York and DENY the remaining allegations therein. 32226208.v1 1 of 6 FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 6. ADMIT in Paragraph 7 [sic] that Defendant, Pyramid Walden Company, L.P., owned the premises located at 1 Walden Galleria in the Town of Cheektowaga, and DENY the remaining allegations therein. 7. With respect to the allegations contained in Paragraph 8 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 8. With respect to the allegations contained in Paragraph 9 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 9. With respect to the allegations contained in Paragraph 10 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 10. With respect to the allegations contained in Paragraph 11 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 11. DENY knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 12 [sic] of Plaintiff’s Amended Complaint. 12. With respect to the allegations contained in Paragraph 13 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, Page 2 of 6 32226208.v1 2 of 6 FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 13. With respect to the allegations contained in Paragraph 14 [sic] of the Plaintiff’s Amended Complaint, these answering Defendants DENY the allegations as they pertain to them, and DENY knowledge or information sufficient to form a belief as to the truth of the allegations for the remaining defendants. 14. DENY the allegations contained in Paragraph 15 [sic] of the Plaintiff’s Amended Complaint. 15. Defendants deny each and every allegation of the Amended Complaint not otherwise specifically admitted or denied. AS AND FOR A FIRST AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 16. Plaintiff’s Amended Complaint fails to state a proper cause of action with respect to these answering Defendants and, therefore, should be dismissed. AS AND FOR A SECOND AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 17. If the Plaintiff, Mary C. Pietrzak, sustained any alleged damages, which damages are expressly denied, then all such damages will have been caused or brought about in whole or in part by the affirmative wrongdoing, fault, negligence, and failure of due care of Plaintiff. Any recovery should be diminished in the proportion which Plaintiff’s culpability bears to the conduct which caused the alleged damages, pursuant to CPLR Section 1411. Page 3 of 6 32226208.v1 3 of 6 FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 AS AND FOR A THIRD AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 18. The acts of others, not under the control of these answering Defendants, are the proximate cause of the acts alleged by the Plaintiff. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 19. The limitations on joint and several liability set forth in CPLR Article 16 are applicable to this action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 20. That upon trial of this action, it may appear that documentary evidence exists which establishes a complete defense to this action. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 21. Upon information and belief, Plaintiff’s alleged injuries and damages were caused, in whole or in part, by pre-existing conditions, or other contributory or concurrent conditions or factors, including events occurring prior or subsequent to the occurrence or incidents made the basis of Plaintiff’s claim against answering Defendants. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 22. That any alleged injury and damages sustained by Plaintiff was worsened by the failure of the Plaintiff to act to mitigate such injury and damage. Page 4 of 6 32226208.v1 4 of 6 FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 23. Plaintiff’s Amended Complaint must be dismissed to the extent that Plaintiff has failed to name a necessary party. AS AND FOR A NINTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 24. 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, these answering 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. AS AND FOR A TENTH AFFIRMATIVE DEFENSE AGAINST THE PLAINTIFF’S AMENDED COMPLAINT, THESE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 25. That if the Plaintiff has received sums of money in settlement of the claims asserted herein, and that by reason thereof, these answering Defendants are entitled to the protection, provisions and limitations of Section 15-108 of the General Obligations Law of the State of New York in reducing the claim of the Plaintiff against the Defendants, by the amount stipulated in the Release, the amount of consideration paid for it or the amount of the released Defendants’ equitable share of the damages, whichever is the greatest. Page 5 of 6 32226208.v1 5 of 6 FILED: ERIE COUNTY CLERK 01/24/2022 09:43 AM INDEX NO. 812283/2021 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/24/2022 WHEREFORE, Walden Galleria Holdings, Inc. and Pyramid Walden Company, L.P., demand judgment dismissing the Plaintiff’s Amended Complaint, together with the costs and disbursements of this action. DATED: Buffalo, New York January 24, 2022 GOLDBERG SEGALLA LLP ____________________________________ Christina G. Holdsworth, Esq. Attorneys for Defendants Walden Galleria Holdings, Inc. and Pyramid Walden Company, L.P. 665 Main Street Buffalo, New York 14203 Telephone: 716.566.5400 TO: C. Daniel McGillicuddy, Esq. William Mattar, P.C. Attorney for Plaintiff 6720 Main Street, Suite 100 Williamsville, New York 14221 Telephone: 716.633.3535 Page 6 of 6 32226208.v1 6 of 6