Preview
FILED: NEW YORK COUNTY CLERK 04/11/2019
01/25/2023 03:34
10:47 PM
AM INDEX NO. 154880/2018
NYSCEF DOC. NO. 24
76 RECEIVED NYSCEF: 04/11/2019
01/25/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------.--------------------------- ---------X
JANET VEGA, as mother and natural guardian of F.R., an Index No. 154880/2018
infant, and JANET VEGA, Individually, Date Filed: 5/23/2018
Plaintiff(s), VERIFIED AMENDED ANSWER
TO VERIFIED AMENDED
-against-
COMPLAINT
THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINSTRATION FOR CHILDREN'S SERVICES, SCO
FAMILY OF SERVICES and JEWISH CHILD CARE
ASSOCIATION OF NEW YORK,
Defendants(s).
--------------------------------------------X
C O U N S E L O R S:
Defendants, THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES and SCO FAMILY OF SERVICES (hereinafter
Answering Defendants), by their attorneys CONWAY, FARRELL, CURTIN & KELLY, P.C., as and
for their Verified Amended Answer to plaintiff's Amended Verified Complaint, allege upon
information and belief:
1. Deny any knowledge or information sufficient to form a belief as to any of the
allegations contained in paragraphs 1,26,21,23 of the Ameñded Verified Complaint.
2. Upon information and belief, deny each and every allegation contained in
paragraphs 3,4 of the Ameñded Verified Complaint except admit that the CITY OF NEW YORK is a
municipal corporation which maintains an Administration for Children's Services pursuant to law.
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3. Upon information and belief, deny each and every allegation contained in
paragraph 5 of the Amended Verified Complaint except admit that SCO FAMILY OF SERVICES is a
domestic not for profit corporation with authority to operate in the State of New York.
4. Upon information and belief, deny each and every allegation contained in
paragraphs 7,8,9,10,11,12,13,14,15,16,17 of the Amended Verified Complaiñt except admit that
notices of claim were presented, that more than thirty days have elapsed without adjustmeñt thereof.
5. Upon information and belief, deny each and every allegation contained in
paragraphs 19,20,22,24,29,30,32,33,34,35,36,37,38,39,40,41 of the Amended Verified Complaint.
6. Upon information and belief, deny each and every allegation coñtaiñcd in
paragraph 25,26 of the Amended Verified Complaint except admit that SCO FAMILY OF SERVICES
operated the Ottilie Residential Treatment facility.
7. Upon information and belief, deny each and every allegation contained in
paragraph 27,28 of the Amended Verified Complaiñt except admit that JCCA requested placement of
the plaintiff in a Residential Treatment Facility.
8. Upon information and belief, deny each and every allegation contained in
paragraph 31 of the Amended Verified Complaint except admit that the New York State Justice Center
investigated several claims of abuse and/or neglect.
AS TO THE FIRST CAUSE OF ACTION
9. These answering defendants repeat, reiterate and reallege each and every denial
to each and every allegation of the complaint which is realleged in paragraph 1-41 thereof as herein
denied.
10. Upon information and belief, deny each and every allegation contained in
paragraphs 43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59 of the Amended Verified Complaint.
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AS TO THE SECOND CAUSE OF ACTION
11. These answering defendants repeat, reiterate and reallege each and every denial
to each and every allegation of the complaint which is realleged in paragraph 1-59 thereof as herein
denied.
12. Upon information and belief, deny each and every allegation contained in
paragraphs 61,63,64,65,66,67,68,69 of the Amended Verified Complaint.
13. Upon information and belief, deny each and every allegation coñtaiñed in
paragraph 62 of the Amended Verified Complaint except admit that the employees at the Ottilie RTF
were SCO employees.
AS TO THE THIRD CAUSE OF ACTION
14. These answering defendants repeat, reiterate and reallege each and every denial
to each and every allegation of the Amended Verified Complaint which is realleged in paragraph 1-69
thereof as herein denied.
15. Deny any knowledge or information sufficient to form a belief as to any of the
allegations contained in paragraphs 71,72 of the Amended Verified Complaint.
16. Upon information and belief, deny each and every allegation contained in
paragraphs 73,74 of the Amended Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
17. This Court lacks jurisdiction over the person of this answering defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
18. The plaintiff has failed to join all necessary parties.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
19. The JANET does not have to sue on behalf of infant-
plaintiff, VEGA, standing
plaintiff, F.R.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
20. The plaintiff failed to set forth facts sufficient to state a cause of action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
21. The culpable conduct of the plaintiff brought about the alleged damages and
injuries which plaintiff claims without any culpable conduct on the part of these answering defendants,
its agents, servants or employees, but if the Court finds after trial that any culpable conduct of these
answering defendants, its agents, servants or employees contributed to the alleged damages or injuries
to the plaintiff, then and in that event these answering defendants pray that the amount of damages
which might be recoverable shall be diminished in the proportion to which the culpable conduct
attributable to the plaintiff bears to the culpable conduct which caused the alleged damages or injuries.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
22. Whatever injuries and/or damages sustained by the plaintiff at the time and place
alleged in the complaint were due to the acts of parties over whom these answering defendants were
not obligated to exercise control or supervision.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
23. These answering defendants and its employees at all times relevant to the
allegations in the Amended Verified Complaint acted reasonably, properly, lawfully, and in good faith.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
24. If these answering defendants are found liable to any degree, liability is several.
4
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AS AND FOR A NINTH AFFIRMATIVE DEFENSE
25. In the event plaintiff recovers a verdict or judgment against these answering
defendants, then said verdict or judgment must be reduced pursuant to CPLR § 4545(a) by those
amounts which have been replaced, or with reasonable certainty, will be replaced or indemnify
plaintiff, in whole or in part, for any past or future claims, economic loss, from any collateral source
including but not limited to insurance, Social Security, worker's compensation or employee benefit
programs.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
26. These answering defendants claim no responsibility to the plaintiff herein.
However, to the extent that the trier of the facts finds liability of fifty percent or less as defined by
CPLR Article 16, entitlement is claimed by these answering defendants to the benefits set forth in that
Article.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
27. The answering defendants are immune from suit for their exercise of discretion
in the performance of a governmental function and/or their exercise of professional judgment.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
28. The action is barred by Social Services law § 419.
AS AND FOR A FIRST CROSS-CLAIM AGAINST
JCCA
29. If the allegations of the complaint are true and these answering defendants is
adjudged negligent, by reason of the facts or operations of law or otherwise, then the responsibility for
damages sustained by plaintiff will be that of codefendant.
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30. By reason of the foregoing and according to CPLR 1401 and 1402, these
answering defendants demand that the Court on the trial hereof apportion the responsibility in
negligence if any, among the parties.
31. In the event these answering defendants are held liable to plaintiff herein, then
these answering defendants demand judgment against codefendant for such amount as it may be
required to pay over and above itsproportionate share.
AS AND FOR A SECOND CROSS-CLAIM AGAINST
JCCA
32. The cross-claiming defendants repeat, reiterate and reallege each and every
allegation set forth in the FIRST Cross-Claim, supra, with the same force and effect as ifset forth
herein at length.
33. If the plaintiff hereby sustained damages at the time and place and in the manner
set forth in the complaint, which these answering defendants deny, and if such damages were not
sustained as a result of the plaintiffs own negligence, then said damages were sustained and arose out
of and by reason of the primary and active negligence of codefendant, and that these answering
defendants are entitled to indemnification from said codefendant.
WHEREFORE the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES and SCO FAMILY OF SERVICES, demand
judgment dismissing the Amended Verified Complaint and further demand that the culpable conduct
of the plaintiff be ascertained herein and that the amount of damages, if any, which may be recovered
by the plaintiff shall be diminished in the proportion which plaintiff's culpable conduct bears to the
culpable conduct which causes plaintiff's alleged damages pursuant to CPLR §1411, together with
attorneys'
costs, disbursements, interest and fees in this action.
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ATTORNEY CERTIFICATION
Pursuant to 22 NYCRR §130-1.1-a, I,the undersigned, an attorney admitted to practice
law in the Courts of the State of New York do hereby certify to the best of my knowledge, information
and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the
within paper or the contentions herein are not frivolous as defined in section 22 NYCRR §130-1.1(c).
DATED: New York, New York
April 11, 2019
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
By:
obert . e mon
Attorneys for Defendants
THE CITY OF NEW YORK, THE NEW
YORK CITY ADMINISTRATION FOR
CHILDREN'S SERVICES and SCO
FAMILY OF SERVICES
- 20th
48 Wall Street PlOOr
New York, N.Y. 10005
(212) 785-2929
TO:
NELSON, ROBINSON & EL ASHMAWY, PLLC
11 Park Place, Suite 711
New York, NY 10007
212-962-1740
Attorneys for Plaintiffs, VEGA, JANET as m/n/g of F.R., an infant, and JANET VEGA,
individually
WILSON ELSER MOSKOWITZ EDELMAN & DICKER
1133 Westchester Avenue
White Plains, NY 10604
914-323-7000
Attorneys for Defendants, JEWISH CHILD CARE ASSOCIATION OF NEW YORK
cu°"
n'NeªÍ$c
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ATTORNEY'S VERIFICATION
BY AFFIRMATION
I,the undersigned, am an attorney admitted to practice in the Courts of the State of New
York, and say:
1. That I am .the attorney of record for the Defêñdañts, THE CITY OF NEW
YORK, THE NEW YORK CITY ADMINSTRATION FOR CHILDREN'S SERVICES AND
SCO FAMILY OF SERVICES;
2. That I have read the annexed VERIFIED AMENDED ANSWER TO
VERIFIED AMENDED COMPLAINT and know the contents thereof and the same are stated to be
alleged on information and belief, and as to those matters I believe them to be true. My belief, as to
those matters therein not stated upon knowledge, is based upon the following: Investigation and
Reports; and
3. The reason I make this Affirmation instead of Defendants is thatDefêñdañts are
corporations and no officer of Defendant corporations is within the County wherein affirmant maintains
his office.
I affirm that the foregoing statements are true under the penalties of perjury.
DATED: New York, New York
April 11, 2018
R ERT . DELMO
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------- -----------------------------X
JANET VEGA, as mother and natural guardian of F.R., an Index No. 154880/2018
infant, and JANET VEGA, Individually, Date Filed: 5/23/2018
Plaintiff(s),
-against-
THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINSTRATION FOR CHILDREN'S SERVICES, SCO
FAMILY OF SERVICES and JEWISH CHILD CARE
ASSOCIATION OF NEW YORK,
Defendants(s).
X
AMENDED VERIFIED ANSWER
CONWAY, FARRELL, CU RTIN & KELLY, P.C.
ATTORNEYS AT LAW
FORTY EIGHT WALL STR EET
N EW YO RK ,N EW YO R K I O005
(2 I 2)785-2929
9 of 9
Preview
FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------.--------------------------- ---------X JANET VEGA, as mother and natural guardian of F.R., an Index No. 154880/2018 infant, and JANET VEGA, Individually, Date Filed: 5/23/2018 Plaintiff(s), VERIFIED AMENDED ANSWER TO VERIFIED AMENDED -against- COMPLAINT THE CITY OF NEW YORK, THE NEW YORK CITY ADMINSTRATION FOR CHILDREN'S SERVICES, SCO FAMILY OF SERVICES and JEWISH CHILD CARE ASSOCIATION OF NEW YORK, Defendants(s). --------------------------------------------X C O U N S E L O R S: Defendants, THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES and SCO FAMILY OF SERVICES (hereinafter Answering Defendants), by their attorneys CONWAY, FARRELL, CURTIN & KELLY, P.C., as and for their Verified Amended Answer to plaintiff's Amended Verified Complaint, allege upon information and belief: 1. Deny any knowledge or information sufficient to form a belief as to any of the allegations contained in paragraphs 1,26,21,23 of the Ameñded Verified Complaint. 2. Upon information and belief, deny each and every allegation contained in paragraphs 3,4 of the Ameñded Verified Complaint except admit that the CITY OF NEW YORK is a municipal corporation which maintains an Administration for Children's Services pursuant to law. Conway,Farrell, Curtin& Kelly, PC 1 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 3. Upon information and belief, deny each and every allegation contained in paragraph 5 of the Amended Verified Complaint except admit that SCO FAMILY OF SERVICES is a domestic not for profit corporation with authority to operate in the State of New York. 4. Upon information and belief, deny each and every allegation contained in paragraphs 7,8,9,10,11,12,13,14,15,16,17 of the Amended Verified Complaiñt except admit that notices of claim were presented, that more than thirty days have elapsed without adjustmeñt thereof. 5. Upon information and belief, deny each and every allegation contained in paragraphs 19,20,22,24,29,30,32,33,34,35,36,37,38,39,40,41 of the Amended Verified Complaint. 6. Upon information and belief, deny each and every allegation coñtaiñcd in paragraph 25,26 of the Amended Verified Complaint except admit that SCO FAMILY OF SERVICES operated the Ottilie Residential Treatment facility. 7. Upon information and belief, deny each and every allegation contained in paragraph 27,28 of the Amended Verified Complaiñt except admit that JCCA requested placement of the plaintiff in a Residential Treatment Facility. 8. Upon information and belief, deny each and every allegation contained in paragraph 31 of the Amended Verified Complaint except admit that the New York State Justice Center investigated several claims of abuse and/or neglect. AS TO THE FIRST CAUSE OF ACTION 9. These answering defendants repeat, reiterate and reallege each and every denial to each and every allegation of the complaint which is realleged in paragraph 1-41 thereof as herein denied. 10. Upon information and belief, deny each and every allegation contained in paragraphs 43,44,45,46,47,48,49,50,51,52,53,54,55,56,57,58,59 of the Amended Verified Complaint. Conway,Farrell, Curtin& Kelly, PC 2 2 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 AS TO THE SECOND CAUSE OF ACTION 11. These answering defendants repeat, reiterate and reallege each and every denial to each and every allegation of the complaint which is realleged in paragraph 1-59 thereof as herein denied. 12. Upon information and belief, deny each and every allegation contained in paragraphs 61,63,64,65,66,67,68,69 of the Amended Verified Complaint. 13. Upon information and belief, deny each and every allegation coñtaiñed in paragraph 62 of the Amended Verified Complaint except admit that the employees at the Ottilie RTF were SCO employees. AS TO THE THIRD CAUSE OF ACTION 14. These answering defendants repeat, reiterate and reallege each and every denial to each and every allegation of the Amended Verified Complaint which is realleged in paragraph 1-69 thereof as herein denied. 15. Deny any knowledge or information sufficient to form a belief as to any of the allegations contained in paragraphs 71,72 of the Amended Verified Complaint. 16. Upon information and belief, deny each and every allegation contained in paragraphs 73,74 of the Amended Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 17. This Court lacks jurisdiction over the person of this answering defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 18. The plaintiff has failed to join all necessary parties. Conway,Farrell, Curtin& Kelly, PC 3 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 19. The JANET does not have to sue on behalf of infant- plaintiff, VEGA, standing plaintiff, F.R. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 20. The plaintiff failed to set forth facts sufficient to state a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 21. The culpable conduct of the plaintiff brought about the alleged damages and injuries which plaintiff claims without any culpable conduct on the part of these answering defendants, its agents, servants or employees, but if the Court finds after trial that any culpable conduct of these answering defendants, its agents, servants or employees contributed to the alleged damages or injuries to the plaintiff, then and in that event these answering defendants pray that the amount of damages which might be recoverable shall be diminished in the proportion to which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the alleged damages or injuries. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 22. Whatever injuries and/or damages sustained by the plaintiff at the time and place alleged in the complaint were due to the acts of parties over whom these answering defendants were not obligated to exercise control or supervision. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 23. These answering defendants and its employees at all times relevant to the allegations in the Amended Verified Complaint acted reasonably, properly, lawfully, and in good faith. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 24. If these answering defendants are found liable to any degree, liability is several. 4 4 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 AS AND FOR A NINTH AFFIRMATIVE DEFENSE 25. In the event plaintiff recovers a verdict or judgment against these answering defendants, then said verdict or judgment must be reduced pursuant to CPLR § 4545(a) by those amounts which have been replaced, or with reasonable certainty, will be replaced or indemnify plaintiff, in whole or in part, for any past or future claims, economic loss, from any collateral source including but not limited to insurance, Social Security, worker's compensation or employee benefit programs. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 26. These answering defendants claim no responsibility to the plaintiff herein. However, to the extent that the trier of the facts finds liability of fifty percent or less as defined by CPLR Article 16, entitlement is claimed by these answering defendants to the benefits set forth in that Article. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 27. The answering defendants are immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 28. The action is barred by Social Services law § 419. AS AND FOR A FIRST CROSS-CLAIM AGAINST JCCA 29. If the allegations of the complaint are true and these answering defendants is adjudged negligent, by reason of the facts or operations of law or otherwise, then the responsibility for damages sustained by plaintiff will be that of codefendant. Conway,Farrell, Curtin& Kelly, PC 5 5 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 30. By reason of the foregoing and according to CPLR 1401 and 1402, these answering defendants demand that the Court on the trial hereof apportion the responsibility in negligence if any, among the parties. 31. In the event these answering defendants are held liable to plaintiff herein, then these answering defendants demand judgment against codefendant for such amount as it may be required to pay over and above itsproportionate share. AS AND FOR A SECOND CROSS-CLAIM AGAINST JCCA 32. The cross-claiming defendants repeat, reiterate and reallege each and every allegation set forth in the FIRST Cross-Claim, supra, with the same force and effect as ifset forth herein at length. 33. If the plaintiff hereby sustained damages at the time and place and in the manner set forth in the complaint, which these answering defendants deny, and if such damages were not sustained as a result of the plaintiffs own negligence, then said damages were sustained and arose out of and by reason of the primary and active negligence of codefendant, and that these answering defendants are entitled to indemnification from said codefendant. WHEREFORE the defendants, THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES and SCO FAMILY OF SERVICES, demand judgment dismissing the Amended Verified Complaint and further demand that the culpable conduct of the plaintiff be ascertained herein and that the amount of damages, if any, which may be recovered by the plaintiff shall be diminished in the proportion which plaintiff's culpable conduct bears to the culpable conduct which causes plaintiff's alleged damages pursuant to CPLR §1411, together with attorneys' costs, disbursements, interest and fees in this action. Conway.Farrell, Curtin& Kelly, PC 6 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 ATTORNEY CERTIFICATION Pursuant to 22 NYCRR §130-1.1-a, I,the undersigned, an attorney admitted to practice law in the Courts of the State of New York do hereby certify to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the within paper or the contentions herein are not frivolous as defined in section 22 NYCRR §130-1.1(c). DATED: New York, New York April 11, 2019 CONWAY, FARRELL, CURTIN & KELLY, P.C. By: obert . e mon Attorneys for Defendants THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES and SCO FAMILY OF SERVICES - 20th 48 Wall Street PlOOr New York, N.Y. 10005 (212) 785-2929 TO: NELSON, ROBINSON & EL ASHMAWY, PLLC 11 Park Place, Suite 711 New York, NY 10007 212-962-1740 Attorneys for Plaintiffs, VEGA, JANET as m/n/g of F.R., an infant, and JANET VEGA, individually WILSON ELSER MOSKOWITZ EDELMAN & DICKER 1133 Westchester Avenue White Plains, NY 10604 914-323-7000 Attorneys for Defendants, JEWISH CHILD CARE ASSOCIATION OF NEW YORK cu°" n'NeªÍ$c 7 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 ATTORNEY'S VERIFICATION BY AFFIRMATION I,the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say: 1. That I am .the attorney of record for the Defêñdañts, THE CITY OF NEW YORK, THE NEW YORK CITY ADMINSTRATION FOR CHILDREN'S SERVICES AND SCO FAMILY OF SERVICES; 2. That I have read the annexed VERIFIED AMENDED ANSWER TO VERIFIED AMENDED COMPLAINT and know the contents thereof and the same are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Investigation and Reports; and 3. The reason I make this Affirmation instead of Defendants is thatDefêñdañts are corporations and no officer of Defendant corporations is within the County wherein affirmant maintains his office. I affirm that the foregoing statements are true under the penalties of perjury. DATED: New York, New York April 11, 2018 R ERT . DELMO Conway,Farrell, Curtin& Kelly, PC 8 of 9 FILED: NEW YORK COUNTY CLERK 04/11/2019 01/25/2023 03:34 10:47 PM AM INDEX NO. 154880/2018 NYSCEF DOC. NO. 24 76 RECEIVED NYSCEF: 04/11/2019 01/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------- -----------------------------X JANET VEGA, as mother and natural guardian of F.R., an Index No. 154880/2018 infant, and JANET VEGA, Individually, Date Filed: 5/23/2018 Plaintiff(s), -against- THE CITY OF NEW YORK, THE NEW YORK CITY ADMINSTRATION FOR CHILDREN'S SERVICES, SCO FAMILY OF SERVICES and JEWISH CHILD CARE ASSOCIATION OF NEW YORK, Defendants(s). X AMENDED VERIFIED ANSWER CONWAY, FARRELL, CU RTIN & KELLY, P.C. ATTORNEYS AT LAW FORTY EIGHT WALL STR EET N EW YO RK ,N EW YO R K I O005 (2 I 2)785-2929 9 of 9