Preview
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 09/15/2023
"F"
EXHIBIT
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF:
INDEX NO. 09/15/2023
2015· 52210
|FILED: DUT 1HESS COUNTY CLERK 09/08 /2023 03 : 49 PM|
RECEI El¥YU EF20 ry&Q?/12)23
N!lpEEiED3.C.DW RESS COUNTY CLERK 06/16/2020 12:30 PM|
NYSCEF DOC. No 45 RECEIVED NYSCEF: 06/16/2020
SUPREME CQURT.0F T145 STATEDF NEW TOk6
COUNTY OF DU7CHESS
KENNETI QAROFOLO and JENNIFERGAROFOLO, Index No: 2 15-52210
láintiff, ygyuggga
-agaitist-
AN$WER
DEVIN1 CARPENTER. PREFERRED GROUP OF
MANHA ÈAH ÏÑ .CONSOLIÒAtED Al
CORFORATION and CSX TRANSPORT TiON, INC.,
Defendants.
-.--.......----,..... . ___-...__-.¾__..---..____.x
DEVIN J. ARPENTER,
Third-Party Plaintiff,
*against-
THE LAS T TRAINSTOP, INC., THE LASd TRAINSTOP,
INC d/b/a MAHONETS IRISH PUB & STEAKHOUSE
P.O.K. TitAIN STATION,1LC, P.O.K. TRAIN STATINN,
LLC d/b/a MAHONEY'S IRISH PUB & STEMQrSE and
MAHONEY'S IRISH PUB & STEAKHOUSE,
Third-Party Dèfendants.
__---.....---____......___..--..,,..--_____.._______.x
C Q U N S E L OR S :
Third-Party Defendant,JHE LAST TitAIN STOP, INC., i/s/h/a THE· LAST TRAIN
STOP, INC., THE LAST TRAIC STOP, .ING. d/b/a MAHONETS IRISH EUB &
STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, by and through its
attorneyg,. CASCONE &s ELUEPl?EL, L;P, answering the Third-Party Complaint, spon
information and belief, stat.es as follow.s:
As AND FOR dHE FIRST CAUSn.0F ACTION
1.. benies each allegation.orthe Thirdearty Complaint as contained·in the
antlevery
"32''
paragraphs thereotnumbered "27", and '.'33".
1 of 13
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF:
INDEX NO. 09/15/2023
2015-52210
|FILED : DUTCHESS COUNTY CLERK 09 / 0 8 / 2 0 2 3 0 3 : 4 9 PM|
N liMDilliElms. DE SS COUNTY CLERK 0 6/16/2020 12 : 30 PM|
RECEIVTIMpE15yg@gy20¾5f/g2/l b23
NYSCEF DOC. NC 45 RECEIVED NYSCEF: 06/16/2020
2. Denies each and every allegntion ofthe Third-Partr Coinplainf es contained in the
paragraph therenfnumbered "26", leaving all conclusions of law and fact to the Court.
3 Denies knowledge and Information sufficient to form,a belief as to3the truth or the
allegationk oÈthe third-Party oinpluifft as centained in the parägraphs thereof nunther "1", "2",
·a3n "5" "7" "8" '9" "15" "22' "28"
"6", M#', "16", "18"; "23", "24", "25"; and "30".
4. tenies knowledgg and iriformation sufficient10 forrn a belief as fo the trtitlï of the
·allegations of the Third-Pmty Cpmplâint as contained in the paragraphs thereof nunfber "4",
a 7n "21* "29"
oriaw
, at jn, 12n, agn, g =19", "20", and "3í", leaving all conclusions and
fact id the dourt.
AS AND FOR THE SECOND CAUSE OF ACTION
5. The añsweting· TIiird-Party Defendant repeats,. reiterates and realleges each and
every Answer to the allegations contained in the garagraphs of the Third-Party Complaint thereof
"1"
numbered through "34", with the same force and effect as.though set forth more fully herein
at length.
D nies each and every allegation of the Third-Party Complainli.as contained in the
"65"
paragraphs thereof numbered."60", and "66".
Denies each and every allegation or the third-Rarty Complaint as contained in the
paragraphs thereof nitmbered "þ",.leaving all cUnclusions of.¾w and lset to the Court.
8. Denies knowledge and thrennation siífficient to fo'rn) a belief áë to tlje truth of the
álldgations of the Third-Pârtr Compláitit as contained in the phragraph[ there6f number "35".
"61"
"36", "3&", "39", 'f40", "41", "42", "47", "48", "49",. "51", "55", "56", "57", "58", and
2 of 13
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF:
INDEX NO. 09/15/2023
2015-52210
|FILED: DUTCHESS COUNTY CLERK 09/08/2023 03 : 49 PM)
N PTEliEED.c. DW EESS COUNTY CLERK 06/16/2020 12:30 PM|
RECEIMPE f$10EF20)%22)Ub23
NYSCEF DOC. NO 45 RECEIVED NYSCEF: 06/16/2020
9. Den.ies knowledge and informatiqn.sufficient to form a beliefas to the truth·of the
allegations qf the Complgint as spatgined in the paragraphs thereof number "37",
Third-Party
"50" "5.4",."62"
"43", "44", "45", "46", "52", "53.", and "64", leaving all conclusions.ef lawand
fact to.the Court
AS AND FOR THE THIRDCAUSS OF ACTION
10. The answering Third-Rarty Defendant repeats, reiterates and realleges each and
every Answer to the allegations contained in the paragraphs of (lie Third-Party Complaint thereof
".l"
numbered thro gh "67", withfhe same force and effect as though set forth nare fully herein
at length.
11: Denies laiowledge:and information sufficient to foYm a belief as to the truth of the
allegations of the Third-Party Complaint as contained in the paragraphs thereof number "68".
"82"
"69", "70", "71", ".72", "73", "74", "75",."76", "77", "78", "79", "80", "81", 83", "84",
"85.", "86", "87", "88", "89", "9Q", "94", "92", *93", "94", 15"3 "96", "97", "98".and "99".
AS AND FOR THE FOURTH CAUSE OF ACTION
12. The answ ring ThirdeParty Defendánt repents, rèiterates aiìd realleges each and
every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof
"i" "100,"
numbered through withthe sante force.and effect astthø.ugh set forth more Jully herein
atllength.
13 Denies knowledge and inforntation sufficient toiform bbèliefas to the truth of the
alle!ationb of the Third-Partý Complgint as contaihed it the paragraphs thereof number "10l",
"102", "103", "704", "IQ5", "106", "107", "108", "t09", "110", "t] l", "I12", "113", "I 14".
"115", "1 16", "1 1r',. "1 18", "I 19", "120",."121", "I22",. ".123", "124", "125". "126", "127.
"131"
"1.28", "129",A130". and "132".
3 of 13
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF:
INDEX NO. 09/15/2023
2015-52210
FILED: DUTCHESS COUNTY CLERK 09/08 /2023 03: 49 PM|
N BCDEBE. DUS MSS COUNTY CLERK 0 6/16/ 2020 12:30 PM|
RECEIfÈ]pF y 0‚/ R23
NYSCEF DOC. NO 45 RECEIVED NYSCEF: 06/16/2020
AS AND FOR THE FIFTH CAUSE OF ACTION
14. The answering Third-Party Defendant repeats, reiterates .and realleges each and
ewry Answér to the allegations contained in the paragraphs.of the Third-Rarty Gomplaint thereof
" 1"
numbered through "133", with the same force and effect as though set forth more fully
herein at length.
.15. Denies eachand every allegation of the Third-Party Complaint as contained in the
"164"
paragrapl thercornumitered "159", and "165".
16. Dentes each and every allegation of the Third-Party Complaint as contained in the
paragraphs thereof numbered "158'', leaving all conclusions of lawsand fact to the Court.
17. Denies knowledge and information:sumcient to form a belief as to the truth of the
allegations of the Third-Party Complaint as contained in the paragraphs thereof number "134",
"160"
"135", "1$7", "138'', "139", "140", "141", "146", "147", "148", "154", "156", "157", and
"162". .
18 Denies knowledge and information suMcient to form a belief as to the truth or the
allegations of the Third-Party Complaint as contained in the paragraphs thereof number "136".
"161"
"142", "143", "144", "145'', "149", "159', "151", "152", "15ji", "155", and "163".
leaving all conclusions of law and fact t.o the Court.
AS AND FOR THE SIXTH CAUSE OF ACTION
19 The answering Third:Party Defendant repeats, reiterates and realleges each and
every Answer to the allegations contained in the paragraphs of the Third'Party Complaint theæof
"l"
numbered through "166", with the same force and effect as though set forth more fully
herein at lpngth.
4 of 13
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210
NYSCEF DOC. NO. 116 RECEIVED NYSCEF:
INDEX NO.
09/15/2023
2015-52210
FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM|
N ygigggX'.DVF3EESS RECEIVBtDEEY50EF20bSfS2 @B23
COUNTY CLERK 06/16/2020 12:30 PM|
NYSCEF DoC. NE 45 RECEIVED NYSCEF: 06/16/2020
2 . Denies each and every allegation of-the Third-Party Complaint as egntained iI the
nambered"170"
paragräphs tliere.of and "17t"..
2 Dênies eath end eve1fy âllegati¬n of the Third-Párty Gompläint::as ontaiñed in the
paragraphs thereof numbered "59", leaving all conclusion[ of law and facrto the Cour.t.
22.. Denies·knowledge and infonnation suf5cient to fornta bplief as to-the truth of the
"167"
allegatioth 4f the Third-P.arty Complaint as contained in the paragraphs there4f number
ànd "168ˆ.
AS AND FOR·THE SEVENTH CAUSE OF:ACTION
23. The·answeringi Third-Pãrty Defendent repeats, reiterate§ and rëalléges each and
every Answer.tosthe allegationsecontained:in the paragraphs of the Third-Party Complaint thereof
"i"
numbere.d through "172". with L.he same force and elTect as tho.ugh s.et forth more fully
herein st,lengt1J
24. Denies each and évery allegati.on of the Third-Party±Complaint as contained in the
"176"
paragraphs thereof numbered and "177'.
25. Denies e.ach and every allegation ofthe Third-Party Complaint as contai.ned in the
paragraphs thereof nontbered "175", leaving t11 conclusions of law and fact.to the Court.
2(i Denies lätowledge and information sufficient to form a belief as.tosthe truth of the
"173"
allegations of the Third-Party Cömplaint as contained in the par graphs thereðf nitmber
and "174".
. AS AND FOR THE.EIGH'rN CAUSE OF nCTION
27. The ans*ering ThirdsParty Defendant repeats, reiterates and realleges each and
everyan-wer të the allegätions
Preview
FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: 09/15/2023 "F" EXHIBIT FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: INDEX NO. 09/15/2023 2015· 52210 |FILED: DUT 1HESS COUNTY CLERK 09/08 /2023 03 : 49 PM| RECEI El¥YU EF20 ry&Q?/12)23 N!lpEEiED3.C.DW RESS COUNTY CLERK 06/16/2020 12:30 PM| NYSCEF DOC. No 45 RECEIVED NYSCEF: 06/16/2020 SUPREME CQURT.0F T145 STATEDF NEW TOk6 COUNTY OF DU7CHESS KENNETI QAROFOLO and JENNIFERGAROFOLO, Index No: 2 15-52210 láintiff, ygyuggga -agaitist- AN$WER DEVIN1 CARPENTER. PREFERRED GROUP OF MANHA ÈAH ÏÑ .CONSOLIÒAtED Al CORFORATION and CSX TRANSPORT TiON, INC., Defendants. -.--.......----,..... . ___-...__-.¾__..---..____.x DEVIN J. ARPENTER, Third-Party Plaintiff, *against- THE LAS T TRAINSTOP, INC., THE LASd TRAINSTOP, INC d/b/a MAHONETS IRISH PUB & STEAKHOUSE P.O.K. TitAIN STATION,1LC, P.O.K. TRAIN STATINN, LLC d/b/a MAHONEY'S IRISH PUB & STEMQrSE and MAHONEY'S IRISH PUB & STEAKHOUSE, Third-Party Dèfendants. __---.....---____......___..--..,,..--_____.._______.x C Q U N S E L OR S : Third-Party Defendant,JHE LAST TitAIN STOP, INC., i/s/h/a THE· LAST TRAIN STOP, INC., THE LAST TRAIC STOP, .ING. d/b/a MAHONETS IRISH EUB & STEAKHOUSE and MAHONEY'S IRISH PUB & STEAKHOUSE, by and through its attorneyg,. CASCONE &s ELUEPl?EL, L;P, answering the Third-Party Complaint, spon information and belief, stat.es as follow.s: As AND FOR dHE FIRST CAUSn.0F ACTION 1.. benies each allegation.orthe Thirdearty Complaint as contained·in the antlevery "32'' paragraphs thereotnumbered "27", and '.'33". 1 of 13 FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: INDEX NO. 09/15/2023 2015-52210 |FILED : DUTCHESS COUNTY CLERK 09 / 0 8 / 2 0 2 3 0 3 : 4 9 PM| N liMDilliElms. DE SS COUNTY CLERK 0 6/16/2020 12 : 30 PM| RECEIVTIMpE15yg@gy20¾5f/g2/l b23 NYSCEF DOC. NC 45 RECEIVED NYSCEF: 06/16/2020 2. Denies each and every allegntion ofthe Third-Partr Coinplainf es contained in the paragraph therenfnumbered "26", leaving all conclusions of law and fact to the Court. 3 Denies knowledge and Information sufficient to form,a belief as to3the truth or the allegationk oÈthe third-Party oinpluifft as centained in the parägraphs thereof nunther "1", "2", ·a3n "5" "7" "8" '9" "15" "22' "28" "6", M#', "16", "18"; "23", "24", "25"; and "30". 4. tenies knowledgg and iriformation sufficient10 forrn a belief as fo the trtitlï of the ·allegations of the Third-Pmty Cpmplâint as contained in the paragraphs thereof nunfber "4", a 7n "21* "29" oriaw , at jn, 12n, agn, g =19", "20", and "3í", leaving all conclusions and fact id the dourt. AS AND FOR THE SECOND CAUSE OF ACTION 5. The añsweting· TIiird-Party Defendant repeats,. reiterates and realleges each and every Answer to the allegations contained in the garagraphs of the Third-Party Complaint thereof "1" numbered through "34", with the same force and effect as.though set forth more fully herein at length. D nies each and every allegation of the Third-Party Complainli.as contained in the "65" paragraphs thereof numbered."60", and "66". Denies each and every allegation or the third-Rarty Complaint as contained in the paragraphs thereof nitmbered "þ",.leaving all cUnclusions of.¾w and lset to the Court. 8. Denies knowledge and thrennation siífficient to fo'rn) a belief áë to tlje truth of the álldgations of the Third-Pârtr Compláitit as contained in the phragraph[ there6f number "35". "61" "36", "3&", "39", 'f40", "41", "42", "47", "48", "49",. "51", "55", "56", "57", "58", and 2 of 13 FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: INDEX NO. 09/15/2023 2015-52210 |FILED: DUTCHESS COUNTY CLERK 09/08/2023 03 : 49 PM) N PTEliEED.c. DW EESS COUNTY CLERK 06/16/2020 12:30 PM| RECEIMPE f$10EF20)%22)Ub23 NYSCEF DOC. NO 45 RECEIVED NYSCEF: 06/16/2020 9. Den.ies knowledge and informatiqn.sufficient to form a beliefas to the truth·of the allegations qf the Complgint as spatgined in the paragraphs thereof number "37", Third-Party "50" "5.4",."62" "43", "44", "45", "46", "52", "53.", and "64", leaving all conclusions.ef lawand fact to.the Court AS AND FOR THE THIRDCAUSS OF ACTION 10. The answering Third-Rarty Defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of (lie Third-Party Complaint thereof ".l" numbered thro gh "67", withfhe same force and effect as though set forth nare fully herein at length. 11: Denies laiowledge:and information sufficient to foYm a belief as to the truth of the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "68". "82" "69", "70", "71", ".72", "73", "74", "75",."76", "77", "78", "79", "80", "81", 83", "84", "85.", "86", "87", "88", "89", "9Q", "94", "92", *93", "94", 15"3 "96", "97", "98".and "99". AS AND FOR THE FOURTH CAUSE OF ACTION 12. The answ ring ThirdeParty Defendánt repents, rèiterates aiìd realleges each and every Answer to the allegations contained in the paragraphs of the Third-Party Complaint thereof "i" "100," numbered through withthe sante force.and effect astthø.ugh set forth more Jully herein atllength. 13 Denies knowledge and inforntation sufficient toiform bbèliefas to the truth of the alle!ationb of the Third-Partý Complgint as contaihed it the paragraphs thereof number "10l", "102", "103", "704", "IQ5", "106", "107", "108", "t09", "110", "t] l", "I12", "113", "I 14". "115", "1 16", "1 1r',. "1 18", "I 19", "120",."121", "I22",. ".123", "124", "125". "126", "127. "131" "1.28", "129",A130". and "132". 3 of 13 FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: INDEX NO. 09/15/2023 2015-52210 FILED: DUTCHESS COUNTY CLERK 09/08 /2023 03: 49 PM| N BCDEBE. DUS MSS COUNTY CLERK 0 6/16/ 2020 12:30 PM| RECEIfÈ]pF y 0‚/ R23 NYSCEF DOC. NO 45 RECEIVED NYSCEF: 06/16/2020 AS AND FOR THE FIFTH CAUSE OF ACTION 14. The answering Third-Party Defendant repeats, reiterates .and realleges each and ewry Answér to the allegations contained in the paragraphs.of the Third-Rarty Gomplaint thereof " 1" numbered through "133", with the same force and effect as though set forth more fully herein at length. .15. Denies eachand every allegation of the Third-Party Complaint as contained in the "164" paragrapl thercornumitered "159", and "165". 16. Dentes each and every allegation of the Third-Party Complaint as contained in the paragraphs thereof numbered "158'', leaving all conclusions of lawsand fact to the Court. 17. Denies knowledge and information:sumcient to form a belief as to the truth of the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "134", "160" "135", "1$7", "138'', "139", "140", "141", "146", "147", "148", "154", "156", "157", and "162". . 18 Denies knowledge and information suMcient to form a belief as to the truth or the allegations of the Third-Party Complaint as contained in the paragraphs thereof number "136". "161" "142", "143", "144", "145'', "149", "159', "151", "152", "15ji", "155", and "163". leaving all conclusions of law and fact t.o the Court. AS AND FOR THE SIXTH CAUSE OF ACTION 19 The answering Third:Party Defendant repeats, reiterates and realleges each and every Answer to the allegations contained in the paragraphs of the Third'Party Complaint theæof "l" numbered through "166", with the same force and effect as though set forth more fully herein at lpngth. 4 of 13 FILED: DUTCHESS COUNTY CLERK 09/15/2023 02:14 PM INDEX NO. 2015-52210 NYSCEF DOC. NO. 116 RECEIVED NYSCEF: INDEX NO. 09/15/2023 2015-52210 FILED: DUTCHESS COUNTY CLERK 09/08/2023 03:49 PM| N ygigggX'.DVF3EESS RECEIVBtDEEY50EF20bSfS2 @B23 COUNTY CLERK 06/16/2020 12:30 PM| NYSCEF DoC. NE 45 RECEIVED NYSCEF: 06/16/2020 2 . Denies each and every allegation of-the Third-Party Complaint as egntained iI the nambered"170" paragräphs tliere.of and "17t".. 2 Dênies eath end eve1fy âllegati¬n of the Third-Párty Gompläint::as ontaiñed in the paragraphs thereof numbered "59", leaving all conclusion[ of law and facrto the Cour.t. 22.. Denies·knowledge and infonnation suf5cient to fornta bplief as to-the truth of the "167" allegatioth 4f the Third-P.arty Complaint as contained in the paragraphs there4f number ànd "168ˆ. AS AND FOR·THE SEVENTH CAUSE OF:ACTION 23. The·answeringi Third-Pãrty Defendent repeats, reiterate§ and rëalléges each and every Answer.tosthe allegationsecontained:in the paragraphs of the Third-Party Complaint thereof "i" numbere.d through "172". with L.he same force and elTect as tho.ugh s.et forth more fully herein st,lengt1J 24. Denies each and évery allegati.on of the Third-Party±Complaint as contained in the "176" paragraphs thereof numbered and "177'. 25. Denies e.ach and every allegation ofthe Third-Party Complaint as contai.ned in the paragraphs thereof nontbered "175", leaving t11 conclusions of law and fact.to the Court. 2(i Denies lätowledge and information sufficient to form a belief as.tosthe truth of the "173" allegations of the Third-Party Cömplaint as contained in the par graphs thereðf nitmber and "174". . AS AND FOR THE.EIGH'rN CAUSE OF nCTION 27. The ans*ering ThirdsParty Defendant repeats, reiterates and realleges each and everyan-wer të the allegätions