Preview
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.
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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
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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
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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.
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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
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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.
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