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  • Nadia Hanks a student in the New York City Public Schools v. The City Of New York, The Department Of  Education Of The City Of New York, Maureen Kennelly Commercial - Contract document preview
  • Nadia Hanks a student in the New York City Public Schools v. The City Of New York, The Department Of  Education Of The City Of New York, Maureen Kennelly Commercial - Contract document preview
  • Nadia Hanks a student in the New York City Public Schools v. The City Of New York, The Department Of  Education Of The City Of New York, Maureen Kennelly Commercial - Contract document preview
  • Nadia Hanks a student in the New York City Public Schools v. The City Of New York, The Department Of  Education Of The City Of New York, Maureen Kennelly Commercial - Contract document preview
						
                                

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FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND NADIA HANKS, A STUDENT IN THE NEW YORK CITY PUBLIC SCHOOLS, ANSWER Plaintiff(s), Index #: 15138912017 -against- Law Dept. #: 2017-038058 THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, AND MAUREEN KENNELLY, Defendant(s) DEfENdANtS THE CITY OF NEW YORK, THE BOARD/DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, by ZACHARY W. CARTER, Corporation Counsel, answering the complaint, allege upon information and belief: 1. Deny each allegation set forth in paragraph(s) 2, 4-7,9, I0, 12,26,39, 43, 44, 52,59, 78-81, 85, 86, 90,92,97 -r00, 102-109, 1 11-1 17, 119-126, inclusive. 2. Deny knowledge or information sufficient to form a belief with respect to the truth of the allegations set forth in paragraph(s) 1, 3, 8, 1I, 14-25,27-38, 40-42, 45-5I, 53- 58, 60-7 7, 82-84, 87 -89, 9 I, 93, 9 5, 96, inclusive. 3. Deny each allegation set forth in paragraph(s) 13, inclusive, except that the Board/Department of Education of the City of New York is a public educational corporation. 4. Deny each allegation set forth in paragraph(s) 94, 101, 110, 118, inclusive, except as otherwise pleaded herein. 1 of 6 FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 AFFIRMATIVE DEFENSE(S) 5. Plaintiff(s)' culpable conduct caused or contributed, in whole or in part, to his/her/their injuries and or damages. 6. 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 his/her/their safety. Plaintiff(s)' primary assumption of risk solely caused his/trer/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/heritheir injuries andlor 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/trer/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. l. Defendants are immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. 8. 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 2 of 6 FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 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). 9. Plaintiff(s)' complaint fails to allege a prima facie case against the defendant answering hereby. WHEREFORE, defendant(s) demand judgment dismissing the complaint and all cross-claims against them, or, in the event that they are adjudged liable, granting judgment over, or apportioning such liability in accordance with their equitable shares of responsibility, and awarding the costs of this action, together with such other and further relief as to the court may seem just. ZACHARY W. CARTER Corporation Counsel 100 Church Street New York, New York 10007 3 of 6 FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 VERIF'ICATION Re: NADIA HANKS, A STUDENT IN THE NEW YORK CITY PUBLIC SCHOOLS; LD #: 2017-038058 Jennifer Mazzio being duly sworn deposes and says that: deponent is an employee of the Office of the Corporation Counsel; that deponent has read the foregoing answer, cross-claim(s) and counterclaim(s), if any, and knows the contents thereof; that the same are true to deponent's own knowledge, except as to the matters alleged upon information and belief, which deponent believes to be true based upon the files, books and records maintained by The City of New York, New York City Health and Hospitals Corporation or the New York City Board/Department ofEducation, and the officersor agents thereof. Dated: New Yor?. New York Iily .A, 2017 Swtrp to before me this ? of July,2017 THOMAS O'SULLIVAN NOTARY PUBLIC "r,ii#H,fl iifr trj#''t:"?- STIPULATION/CERTIFICATION IT IS HEREBY STIPULATED AND AGREED, that at any time prior to the filing of a note of issue in this action, plaintiff(s)may amend the complaint to name additional defendants herein, provided that such additional defendants shall not include the City of New York, the Board/Department of Education, Health & Hospitals Corporation, City University of New York, or any of their respective departments, subdivisions or employees, nor any other person entitledto defense or indemnification by the City of New York. The signature below required pursuant shall constitute the signature to NYCRR 130-1.1-a and pertains to all of the enclosed documents: answer, cross-claim(s) and counter-claims(s), if any, together with the accompanying combined demands for particulars and discovery. Dated: NewXork, New York luty tl ,zotz By: ADAM LERMAN Assistant Corporation Attorney(s) for Plaintiff(s) Please do not send correspondence to the above named individual unless otherwise directed. See Answer back for additional contact information. 4 of 6 FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x NADIA HANKS, A STUDENT IN THE NEW YORK CITY PUBLIC SCHOOLS, AFFIDAVIT OF SERVICE Plaintiff(s), -against- Index #: 151389/2017 THE CITY OF NEW YORK, THE DEPARTMENT OF Law Dept. #: 2017-038058 EDUCATION OF THE CITY OF NEW YORK, AND MAUREEN KENNELLY, Defendant(s). X STATE OF NEW YORK ) couNTY OFNEW YORK ) being duly sworn deposes and says that: 1. The deponent is not aparty to the action and is 18 years of age or older 2.on0 the deponent served the annexed ANSWER AND DEMANDS upon the following person or persons: NADIA HANKS, A STUDENT IN THE NEW YORK CITY PUBLIC SCHOOLS by mailing a copy to his/her/their attorney(s), THE LUTHMANN LAW FIRM, PLLC at 1811 VICTORY BOULEVARD STATEN ISLAND, NY 10314 being the address designated by said attorney(s) for that purpose by depositing the same in a first class, postpaid, properly addressed wrapper, in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York pursuant to CPLR 2103(b)(2). Sworn to before me this b auyot .J,.lo .zo_q JONATTIANWEST ol Deede Conrmisslon€r Clw d l'leir Yofi No' 2'14130 ceillficate KimE cowlly FU€d ln Cormirein ErdPs m/0 1120,[1 5 of 6 FILED: RICHMOND COUNTY CLERK 07/17/2017 08:25 AM INDEX NO. 151389/2017 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 07/17/2017 Index #: l5l389l20ll SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND NADIA HANKS, A STUDENT IN THE NEW YORK CITY PUBLIC SCHOOLS, Plaintiff(s), - against - THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, AND MAUREEN KENNELLY, Defendant(s). ANSWERAND DEMANDS ZACHARY W. CARTER Corporation Counsel Attorney for Defendants THE CITY OF NEW YORK, THE BOARD/DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, 100 Church Street New York, New York 10007 Telephone Numbers: Early Intervention Unit (settlements - all Boroughs) (2r2) 3s6-3r44 Pleadings Unit (212) 356-3235 (pleadings matters only) All Other Matters (krquire by county of venue) Bronx Office: (718) 503-5030 (EBT's - 5045) B rooklyn Office : (7 1. 8) 7 24-5200(EBT' s-5226) M anhattan Office : (2 12) 3 5 6 -27 25 (EBT' s -27 9 l) Queens Office: (718) 558-2100 (EBT's - 2105) Staten Island Office: (718) 876-3600 (EBT's-3603) Please refer to the following Law Dept. #: 2017-038058 and indicate the County in which the action is pending in all papers, correspondence and other communications with respect thereto. 6 of 6