Preview
|FILED:
FILED: NEW YORK
NEW 'ORK COUNTY
COUNTY CLERK
CLERK 07/19/2019 11:32 AM INDEX
INDEX NO.
NO. 158327/2013
158327/2013
10/14/2013|
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 324
5 RECEIVED NYSCEF: 07/19/2019
RECEIVED NYSCEF: 10/14/2013
;UPREME COURT OF THE STATE OF NEW YORK
20UNTY OF NEW YORK
.__,-----------------------------------X
EVIN McGONIGAL, Index No.: 158327/13
Plaintiff, VERIFIED ANSWER
-against-
YY STEAK MANHATTAN, LLC, PREF 7 WEST
15
STREET LLC and PLAZA CONSTRUCTION
ORP.,
Defendants.
._________ __2 _.-------------------------X
Defendant, NYY STEAK MANHATTAN, LLC, by its attorneys JONES
IIRSCH CONNORS MILLER & BULL P.C., as and for its Verified
inswer to plaintiff's Verified Complaint alleges as follows:
FIRST: Denies, upon information and belief, the
l l égat ions contained in paragraphs designated "1", "5", "13",
"15"
14", and "16".
"2"
SECOND: Denies the allegations contained in paragraph
.n the form alleged but admits that at all times herein
entioned, defendant NYY STEAK MANHATTAN, LLC was and still is a
oreign limited liability company duly authorized to conduct
3usiness in the State of New York.
THIRD: Denies having knowledge or information sufficient
I:o form a belief as to the allegations contained in paragraphs
"12"
lesignated "3", "4", "7", "8", "9", "11", and "17".
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
FOURTH: Admits the allegations contained in paragraph
lesignated "6".
FIFTH: Denies the allegations contained in paragraph
10"
in the form alleged.
AS AND FOR A FIRST, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
SIXTH: That the damages allegedly suffered by the
njured plaintiff were caused in whole or in part by the
ulpable conduct of the injured plaintiff herself. The
31aintiff's claim is therefore barred or diminished in the
roportion that such culpable conduct of the injured plaintiff
3ears to the total culpable conduct causing the damages.
. .AS AND FOR A. SECOND, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
SEVENTH: The injured plaintiff, if he may have sustained
uny injuries at the time and place, and upon the occasion
aentioned in the Verified Complaint, assumed the risk of
sustaining same under the conditions and circumstances then
2xisting and obvious.
- 2 -
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
AS AND FOR A THIRD, SEPARATE AND
DISTINCT AFFIRNATIVE DEFENSE, THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
EIGHTH: That any liability to the plaintiff is limited by
he provisions of Article 16 of the CPLR.
AS AND FOR A FOURTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
NINTH: In the event plaintiff recovers a verdict or
udcjment against these defendants, then said verdict or judgment
ust be reduced pursuant to CPLR §4545(c) by those amounts which
lave been or will, with reasonable certainty, replace or
ndemnify plaintiff in whole or in part, for any past future
claimed economic loss, from any collateral source such as
social Workers' Compensation or employee
nsurance, security,
enefit programs.
AS AND FOR A FIFTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
TENTH: The negligent acts set forth in plaintiff's
omplaint were committed by third parties over which this
answering defendant had no control or right of control.
- 3 -
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
AS AND FOR A SIXTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THIS
AN_SWERING DEFENDANT ALLEGES AS FOLLOWS:
ELEVENTH: The injured plaintiff, if he may have sustained
iny injuries at the time and place, and upon the occasion
entioned in the Verified Complaint, assumed the risk of
ustaining same under the conditions and circumstances then
xisting and obvious.
AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT PLAZA
CONSTRUCTION CORP., THIS ANSWERING DEFENDANT ALLEGES
AS FOLLOWS:
TWELFTH: That if the plaintiff sustained the injuries and
lamages in the manner and at the time and place alleged, and if
t is found that this answering defendant, NYY STEAK MANEATTAN,
JsC, is liable to plaintiff herein, all of which is specifically
lenied, then said answering defendant, on the basis of
upportionment of responsibility for the alleged occurrence, are
ntitled to contribution from co-defendant PLAZA CONSTRUCTION
bORP. to pay for all or part of any verdict or judgment that
laintiff may recover against this answering defendant
roportionate to co-defendant's actual negligence.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT PLAZA
CONSTRUCTION CORP., THIS ANSWERING DEFENDANT ALLEGES
AS FOLLOWS:
THIRTEENTH: That if the plaintiff sustained injuries and
lamages in the manner and at the time and place alleged, and if
t is found that this answering defendant, NYY STEAK MANEATTAN,
LC, is liable to plaintiff herein, all of which is specifically
lenied, then said answering defendant, on the basis of
ontractual and/or common-law indemnification, is entitled to
ecovery from co-defendant PLAZA CONSTRUCTION CORP. for all of
ny verdict or judgment that plaintiff may recover against this
newering defendant.
WHEREFORE, defendant NYY STEAK MANHATTAN, LLC demands
udgment dismissing plaintiff's Verified Complaint against it,
nd.further demands that in the event said answering defendant
s found liable to plaintiff herein, then said answering
efendant, on the basis of apportionment of responsibility
nd/or on the basis of indemnity, have judgment over and against
?LAZA CONSTRUCTION CORP. for all or part of any verdict or
udgment that plaintiff may recover against said answering
lefendant, together with the costs and disbursements of this
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
action, and for any expenses incurred by it in the defense
attorneys' fees expended.
hereof, including actually
)ated: New York, New York
October 11, 2013
JONES HIRSCH CONNORS MILLER & BULL P.C.
James P. onnors, Esq.
Attorn s for Def endants
NYY EAK MANHATTAN, LLC
One Battery Park Plaza
New York, New York 10004
(212) 527-1000
O: SACKS AND SACKS, LLP
Attorneys for Plaintiff
Office & P.O. Address
- 4th
150 Broadway
New York, New York 10038
(212) 964-5570
- 6 -
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
ATTORNEY'S VERIFICATION
JAMES P. CONNORS, affirms under the penalties of perjury
hat he is a principal of the firm of JONES HIRSCH CONNORS
ILLER & BULL P.C., attorneys for defendant NYY STEAK MANHATTAN,
LC in the captioned action; that he has read the foregoing
ERÓFIED ANSWER TO VERIFIED COMPLAINT and knows the contents
hereof; that the same is true to his own knowledge, except as
o the matters therein stated to be alleged on information and
elief, and that as to those matters he believes it to be true.
The reason this verification is made by your affirmant and
ot by the third-party defendant herein is that the third-party
defendant is not in the County of New York, where the
indersigned has his office.
The sources of your affirmant's information and belief are
:rom conversations had with the third-party defendant herein and
rom the documents contained in the affirmant's file.
Datéd: New York, New York
...----
October 11, 2013
AMES P. CONNORS
90444
7 -
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
AFFIDAVIT OF SERVICE
3TATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
LYNEL J. TAYLOR, being duly sworn, deposes and says:
deponent is not a party to the action, is over 18 years of age
and resides in Hudson County, New Jersey.
On the
11th
h d M± 208 , an und &
witliin:
VERIFIED ANSWER
JPON:
SACKS AND SACKS, LLP
Attorneys for Plaintiff
Office & P.O. Address
- 4th
150 Broadway F1OOr
New York, New York 10038
(212) 964-5570
at the addresse(s) designated by said attorney(s) for that
urpose by depositing a true copy of same enclosed in a postpaid
roperly addressed envelope in an offreial depository under the
xclusive care and custody of the U ited St es P sta Serv e
vithin the State of New York. ,/
r
LYNEL J. AYLOR
worn to before me this
L1th
day of October, 2013
N l'AR PÚBL C
191040
WILLIAM E. BELL
Notary Public, State of New York
No. 31-4605671
Qualified in New York Co
oswon Exuires October ....._
1
FILED: NEW YORK YORK
COUNTY COUNTY
CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
FILED : NEW CLERK 11/08/2013|
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
NYSCEF DOC. NO. 6 REC
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___..___________ _ _ _ _ _ _ _ _ _ _ _ _ _____________
KEVIN McGONIGAL, Index N
Plaintiff,
VERIFIED
-against-
51"
NYY STEAK MANHATTAN, LLC, PREF 7 WEST
STREET LLC and PLAZA CONSTRUCTION CORP.,
Defendants.
-------------------------------------------------------X
Defendant, PLAZA CONSTRUCTION CORP. ("PLAZA"), by its at
COHEN & HALL, LLP, as and for a verified answer to the plaintiff's verified
forth, upon information and belief, the following:
1. Denies knowledge or information sufficient to form a belief as
allegations contained in Paragraph Nos. "FIRST", "SECOND", "THIRD", "
"SEVENTH"
and of the plaintiff's verified complaint.
"FOURTH"
2. Denies the allegations contained in Paragraph No.
verified complaint, except admits that on September 6, 2013, PLAZA was a
corporation duly organized and existing under and by virtue of the laws of
York.
"EIGHTH"
3. Denies the allegations contained in Paragraph No.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
corporation duly organized and existing under and by virtue of the laws of
York.
"TENTH"
5. Denies the allegations contained in Paragraph No.
verified complaint, except admits that some time prior to September 6, 201
51S'
entered into a contract with PLAZA to perform certain work at 7 West
New York.
6. Denies each and every allegation contained in Paragraph
"SIX
"ELEVENTH", "TWELFTH", "FOURTEENTH", "FIFTEENTH",
"SEVENTEENTH"
of the plaintiff's verified complaint.
"THIRTEE
7. Deny the allegations contained in Paragraph No.
plaintiff's verified complaint and respectfully refers all questions of law to th
the Trial Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
8. Upon information and belief, any damages sustained by the pla
not caused by any negligence or carelessness on the part of PLAZA, its
employees, but were caused solely by the negligence and carelessness of the
such conduct requires diminution of any award, verdict or judgment that plai
against PLAZA.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. That to the extent plaintiff recovers any damages for the cost
dental care, custodial care or rehabilitation services, loss of earnings and/or oth
the amount of the award shall be reduced by the sum total of all collateral reimb
Workers'
whatever source, whether it be insurance, social
security payments,
employee benefits or other such programs, in accordance with the provisions
§4545.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. That all risks and alleged dangers connected with the situation
place mentioned in the verified complaint were open, obvious and apparent
and assumed by plaintiff herein.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. That upon information and belief, the injuries allegedly susta
were the result of the acts of independent contractors over whose work PL
direction or control.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. That upon information and belief, the injuries allegedly susta
were the result of superseding and/or intervening acts of negligence by pe
PLAZA had neither control nor the right of control.
FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013
NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019
WHEREFORE, defendant, PLAZA CONSTRUCTION CORP.,
dismissing plaintiff's verified complaint, together with the costs and disbursements
Preview
|FILED: FILED: NEW YORK NEW 'ORK COUNTY COUNTY CLERK CLERK 07/19/2019 11:32 AM INDEX INDEX NO. NO. 158327/2013 158327/2013 10/14/2013| NYSCEF DOC. NYSCEF DOC. NO. NO. 324 5 RECEIVED NYSCEF: 07/19/2019 RECEIVED NYSCEF: 10/14/2013 ;UPREME COURT OF THE STATE OF NEW YORK 20UNTY OF NEW YORK .__,-----------------------------------X EVIN McGONIGAL, Index No.: 158327/13 Plaintiff, VERIFIED ANSWER -against- YY STEAK MANHATTAN, LLC, PREF 7 WEST 15 STREET LLC and PLAZA CONSTRUCTION ORP., Defendants. ._________ __2 _.-------------------------X Defendant, NYY STEAK MANHATTAN, LLC, by its attorneys JONES IIRSCH CONNORS MILLER & BULL P.C., as and for its Verified inswer to plaintiff's Verified Complaint alleges as follows: FIRST: Denies, upon information and belief, the l l égat ions contained in paragraphs designated "1", "5", "13", "15" 14", and "16". "2" SECOND: Denies the allegations contained in paragraph .n the form alleged but admits that at all times herein entioned, defendant NYY STEAK MANHATTAN, LLC was and still is a oreign limited liability company duly authorized to conduct 3usiness in the State of New York. THIRD: Denies having knowledge or information sufficient I:o form a belief as to the allegations contained in paragraphs "12" lesignated "3", "4", "7", "8", "9", "11", and "17". FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 FOURTH: Admits the allegations contained in paragraph lesignated "6". FIFTH: Denies the allegations contained in paragraph 10" in the form alleged. AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: SIXTH: That the damages allegedly suffered by the njured plaintiff were caused in whole or in part by the ulpable conduct of the injured plaintiff herself. The 31aintiff's claim is therefore barred or diminished in the roportion that such culpable conduct of the injured plaintiff 3ears to the total culpable conduct causing the damages. . .AS AND FOR A. SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: SEVENTH: The injured plaintiff, if he may have sustained uny injuries at the time and place, and upon the occasion aentioned in the Verified Complaint, assumed the risk of sustaining same under the conditions and circumstances then 2xisting and obvious. - 2 - FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRNATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: EIGHTH: That any liability to the plaintiff is limited by he provisions of Article 16 of the CPLR. AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: NINTH: In the event plaintiff recovers a verdict or udcjment against these defendants, then said verdict or judgment ust be reduced pursuant to CPLR §4545(c) by those amounts which lave been or will, with reasonable certainty, replace or ndemnify plaintiff in whole or in part, for any past future claimed economic loss, from any collateral source such as social Workers' Compensation or employee nsurance, security, enefit programs. AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: TENTH: The negligent acts set forth in plaintiff's omplaint were committed by third parties over which this answering defendant had no control or right of control. - 3 - FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 AS AND FOR A SIXTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, THIS AN_SWERING DEFENDANT ALLEGES AS FOLLOWS: ELEVENTH: The injured plaintiff, if he may have sustained iny injuries at the time and place, and upon the occasion entioned in the Verified Complaint, assumed the risk of ustaining same under the conditions and circumstances then xisting and obvious. AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT PLAZA CONSTRUCTION CORP., THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: TWELFTH: That if the plaintiff sustained the injuries and lamages in the manner and at the time and place alleged, and if t is found that this answering defendant, NYY STEAK MANEATTAN, JsC, is liable to plaintiff herein, all of which is specifically lenied, then said answering defendant, on the basis of upportionment of responsibility for the alleged occurrence, are ntitled to contribution from co-defendant PLAZA CONSTRUCTION bORP. to pay for all or part of any verdict or judgment that laintiff may recover against this answering defendant roportionate to co-defendant's actual negligence. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT PLAZA CONSTRUCTION CORP., THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: THIRTEENTH: That if the plaintiff sustained injuries and lamages in the manner and at the time and place alleged, and if t is found that this answering defendant, NYY STEAK MANEATTAN, LC, is liable to plaintiff herein, all of which is specifically lenied, then said answering defendant, on the basis of ontractual and/or common-law indemnification, is entitled to ecovery from co-defendant PLAZA CONSTRUCTION CORP. for all of ny verdict or judgment that plaintiff may recover against this newering defendant. WHEREFORE, defendant NYY STEAK MANHATTAN, LLC demands udgment dismissing plaintiff's Verified Complaint against it, nd.further demands that in the event said answering defendant s found liable to plaintiff herein, then said answering efendant, on the basis of apportionment of responsibility nd/or on the basis of indemnity, have judgment over and against ?LAZA CONSTRUCTION CORP. for all or part of any verdict or udgment that plaintiff may recover against said answering lefendant, together with the costs and disbursements of this FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 action, and for any expenses incurred by it in the defense attorneys' fees expended. hereof, including actually )ated: New York, New York October 11, 2013 JONES HIRSCH CONNORS MILLER & BULL P.C. James P. onnors, Esq. Attorn s for Def endants NYY EAK MANHATTAN, LLC One Battery Park Plaza New York, New York 10004 (212) 527-1000 O: SACKS AND SACKS, LLP Attorneys for Plaintiff Office & P.O. Address - 4th 150 Broadway New York, New York 10038 (212) 964-5570 - 6 - FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 ATTORNEY'S VERIFICATION JAMES P. CONNORS, affirms under the penalties of perjury hat he is a principal of the firm of JONES HIRSCH CONNORS ILLER & BULL P.C., attorneys for defendant NYY STEAK MANHATTAN, LC in the captioned action; that he has read the foregoing ERÓFIED ANSWER TO VERIFIED COMPLAINT and knows the contents hereof; that the same is true to his own knowledge, except as o the matters therein stated to be alleged on information and elief, and that as to those matters he believes it to be true. The reason this verification is made by your affirmant and ot by the third-party defendant herein is that the third-party defendant is not in the County of New York, where the indersigned has his office. The sources of your affirmant's information and belief are :rom conversations had with the third-party defendant herein and rom the documents contained in the affirmant's file. Datéd: New York, New York ...---- October 11, 2013 AMES P. CONNORS 90444 7 - FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 AFFIDAVIT OF SERVICE 3TATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) LYNEL J. TAYLOR, being duly sworn, deposes and says: deponent is not a party to the action, is over 18 years of age and resides in Hudson County, New Jersey. On the 11th h d M± 208 , an und & witliin: VERIFIED ANSWER JPON: SACKS AND SACKS, LLP Attorneys for Plaintiff Office & P.O. Address - 4th 150 Broadway F1OOr New York, New York 10038 (212) 964-5570 at the addresse(s) designated by said attorney(s) for that urpose by depositing a true copy of same enclosed in a postpaid roperly addressed envelope in an offreial depository under the xclusive care and custody of the U ited St es P sta Serv e vithin the State of New York. ,/ r LYNEL J. AYLOR worn to before me this L1th day of October, 2013 N l'AR PÚBL C 191040 WILLIAM E. BELL Notary Public, State of New York No. 31-4605671 Qualified in New York Co oswon Exuires October ....._ 1 FILED: NEW YORK YORK COUNTY COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 FILED : NEW CLERK 11/08/2013| NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 NYSCEF DOC. NO. 6 REC SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___..___________ _ _ _ _ _ _ _ _ _ _ _ _ _____________ KEVIN McGONIGAL, Index N Plaintiff, VERIFIED -against- 51" NYY STEAK MANHATTAN, LLC, PREF 7 WEST STREET LLC and PLAZA CONSTRUCTION CORP., Defendants. -------------------------------------------------------X Defendant, PLAZA CONSTRUCTION CORP. ("PLAZA"), by its at COHEN & HALL, LLP, as and for a verified answer to the plaintiff's verified forth, upon information and belief, the following: 1. Denies knowledge or information sufficient to form a belief as allegations contained in Paragraph Nos. "FIRST", "SECOND", "THIRD", " "SEVENTH" and of the plaintiff's verified complaint. "FOURTH" 2. Denies the allegations contained in Paragraph No. verified complaint, except admits that on September 6, 2013, PLAZA was a corporation duly organized and existing under and by virtue of the laws of York. "EIGHTH" 3. Denies the allegations contained in Paragraph No. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 corporation duly organized and existing under and by virtue of the laws of York. "TENTH" 5. Denies the allegations contained in Paragraph No. verified complaint, except admits that some time prior to September 6, 201 51S' entered into a contract with PLAZA to perform certain work at 7 West New York. 6. Denies each and every allegation contained in Paragraph "SIX "ELEVENTH", "TWELFTH", "FOURTEENTH", "FIFTEENTH", "SEVENTEENTH" of the plaintiff's verified complaint. "THIRTEE 7. Deny the allegations contained in Paragraph No. plaintiff's verified complaint and respectfully refers all questions of law to th the Trial Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 8. Upon information and belief, any damages sustained by the pla not caused by any negligence or carelessness on the part of PLAZA, its employees, but were caused solely by the negligence and carelessness of the such conduct requires diminution of any award, verdict or judgment that plai against PLAZA. AS AND FOR A SECOND AFFIRMATIVE DEFENSE FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. That to the extent plaintiff recovers any damages for the cost dental care, custodial care or rehabilitation services, loss of earnings and/or oth the amount of the award shall be reduced by the sum total of all collateral reimb Workers' whatever source, whether it be insurance, social security payments, employee benefits or other such programs, in accordance with the provisions §4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. That all risks and alleged dangers connected with the situation place mentioned in the verified complaint were open, obvious and apparent and assumed by plaintiff herein. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. That upon information and belief, the injuries allegedly susta were the result of the acts of independent contractors over whose work PL direction or control. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. That upon information and belief, the injuries allegedly susta were the result of superseding and/or intervening acts of negligence by pe PLAZA had neither control nor the right of control. FILED: NEW YORK COUNTY CLERK 07/19/2019 11:32 AM INDEX NO. 158327/2013 NYSCEF DOC. NO. 324 RECEIVED NYSCEF: 07/19/2019 WHEREFORE, defendant, PLAZA CONSTRUCTION CORP., dismissing plaintiff's verified complaint, together with the costs and disbursements