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FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023
SUPREME COURT OF THE STATE OF
NEW YORK
COUNTY OF NEW YORK
Index No.: 190125/2023
MICHAEL SPINELLI,
Plaintiff,
-against- VERIFIED ANSWER TO
VERIFIED COMPLAINT
A.O. SMITH CORPORATION, ET AL.,
Defendants,
Defendant, VALVES AND CONTROLS US, INC., f/k/a WEIR VALVES &
CONTROLS USA, INC., f/k/a ATWOOD & MORRILL CO., INC., improperly named in
the complaint as “WEIR VALVES & CONTROLS USA, INC. ind. and as suc. to ATWOOD
& MORRILL CO., INC.,” hereinafter referred to as “ATWOOD & MORRILL CO., INC.,”
by its attorneys The Cook Group, PLLC, answering Plaintiff’s Summons and Verified Complaint
and in this action, hereby states upon information and belief as follows:
1. Defendant, ATWOOD & MORRILL CO., INC., denies any knowledge or
information sufficient to form a belief as to the truth of the allegations in Paragraph “1” of the
Plaintiff’s Verified Complaint.
2. Defendant, ATWOOD & MORRILL CO., INC., denies the allegations in
Paragraph “2” related to the alleged commission of tortious acts and/or acts giving rise to injuries
and losses and denies knowledge or information sufficient to form a belief as to the truth of the
remaining allegations. ATWOOD & MORRILL CO., INC. denies knowledge or information
sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to
the remaining Defendants.
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3. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “3” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
4. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “4” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
5. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “5” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
6. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “6” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
7. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “7” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
8. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “8” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
9. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “9” of the Plaintiff’s Verified Complaint as it pertains to this
answering defendant, and refers all questions of law to this Court for determination at time of trial,
and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
Complaint.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
10. Defendant, ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and
re-alleges each and every answer heretofore made to Paragraphs “1” through “9” of Plaintiff’s
Verified Complaint as if set forth in full herein.
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11. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “10” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
12. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “11” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
13. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “12” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
14. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “13” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
15. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “14” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
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to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
16. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “15” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
17. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “16” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
18. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “17,” “17(a),” “17b),” “17(c),” “17(d),” “17(e),” “17(f),”
“17(g),” and “17(h)” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering
defendant and denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the
Verified Complaint.
19. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “18” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
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20. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “19” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
21. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “20” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
22. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “21” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
23. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “22” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
24. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “23” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
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to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
25. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “24” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
26. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “25” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
27. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “26” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
28. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “27” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
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29. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “28” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
30. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “29” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
31. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “30” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
32. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “31” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
33. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “32” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
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to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
34. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “33,” “33(a),” “33(b),” “33(c),” “33(d),” “33(e),” “33(f),”
“33(g),” “33(h),” “33(i),” and “33(j)” of the Plaintiff’s Verified Complaint insofar as it pertains to
the answering defendant and denies any knowledge or information sufficient to form a belief as to
each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
35. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “34” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
36. Defendant, ATWOOD & MORRILL CO., INC., denies each and every
allegation contained in Paragraph “35” of the Plaintiff’s Verified Complaint insofar as it pertains
to the answering defendant and denies any knowledge or information sufficient to form a belief as
to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
defendants in the Verified Complaint.
WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for
any damages, compensatory, punitive or otherwise.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
37. ATWOOD & MORRILL CO., INC., repeats, reiterates, and re-alleges each and
every answer heretofore made to Paragraphs “1” through “35,” inclusive, of Plaintiff’s Verified
Complaint, as if set forth in full herein.
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38. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “36” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
39. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “37” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
40. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “38” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
41. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “39” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for
any damages, compensatory, punitive, or otherwise.
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AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
42. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges
each and every answer heretofore made to Paragraphs “1” through “39,” inclusive, of Plaintiff’s
Verified Complaint, as if set forth in full herein.
43. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “40” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
44. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “41” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for
any damages, compensatory, punitive or otherwise.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
45. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges
each and every answer heretofore made to Paragraphs “1” through “41,” inclusive, of Plaintiff’s
Verified Complaint as if set forth in full herein.
46. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “43” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
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to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
47. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “44” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
48. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “45” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
49. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “46” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
50. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “47” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
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51. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “48” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
52. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “49” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
53. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “50” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
54. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “51” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
55. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “52,” “52(a),” “52(b),” “52(c),” “52(d),” “52(e),” “52(f),” “52(g),” “52(h),” “52(i),”
“52(j),” “52(k),” and “52(l)” of the Plaintiff’s Verified Complaint pertaining to ATWOOD &
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MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or
information sufficient to form a belief as to the truth of allegations contained in this paragraph
pertaining to the remaining Defendants.
56. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “53” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
57. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “54” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
58. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “55” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
59. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “56” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
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60. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “57” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
61. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “58” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
62. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “59” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
63. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “60” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
64. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “61” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
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to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
65. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “62” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
66. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “63” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
67. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “64” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
68. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “65” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
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69. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “66” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
70. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “67” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
71. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “68” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for
any damages, compensatory, punitive or otherwise.
AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
72. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges
each and every answer heretofore made to Paragraphs “1” through “68,” inclusive, of Plaintiff’s
Verified Complaint as if set forth in full herein.
73. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “70” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
{C0130535.1} 17
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to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
74. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “71” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
75. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “72” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
76. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “73” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
77. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “74” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
{C0130535.1} 18
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78. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “75” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
79. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “76” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
80. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “77” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
81. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “78” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
82. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “79” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
{C0130535.1} 19
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to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
83. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “80” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
84. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “81” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
85. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “82” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for
any damages, compensatory, punitive, or otherwise.
AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION
86. Defendant, ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and
re-alleges each and every answer heretofore made to Paragraphs “1” through “82,” inclusive, of
Plaintiff’s Verified Complaint as if set forth in full herein.
{C0130535.1} 20
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87. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “84” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
88. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “85” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
89. ATWOOD & MORRILL CO., INC. denies the allegations contained in
Paragraph “86” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL
CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient
to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining
Defendants.
Preview
FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 190125/2023 MICHAEL SPINELLI, Plaintiff, -against- VERIFIED ANSWER TO VERIFIED COMPLAINT A.O. SMITH CORPORATION, ET AL., Defendants, Defendant, VALVES AND CONTROLS US, INC., f/k/a WEIR VALVES & CONTROLS USA, INC., f/k/a ATWOOD & MORRILL CO., INC., improperly named in the complaint as “WEIR VALVES & CONTROLS USA, INC. ind. and as suc. to ATWOOD & MORRILL CO., INC.,” hereinafter referred to as “ATWOOD & MORRILL CO., INC.,” by its attorneys The Cook Group, PLLC, answering Plaintiff’s Summons and Verified Complaint and in this action, hereby states upon information and belief as follows: 1. Defendant, ATWOOD & MORRILL CO., INC., denies any knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph “1” of the Plaintiff’s Verified Complaint. 2. Defendant, ATWOOD & MORRILL CO., INC., denies the allegations in Paragraph “2” related to the alleged commission of tortious acts and/or acts giving rise to injuries and losses and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations. ATWOOD & MORRILL CO., INC. denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. {C0130535.1} 1 1 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 3. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “3” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 4. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “4” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 5. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “5” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 6. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “6” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations {C0130535.1} 2 2 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 7. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “7” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 8. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “8” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 9. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “9” of the Plaintiff’s Verified Complaint as it pertains to this answering defendant, and refers all questions of law to this Court for determination at time of trial, and denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 10. Defendant, ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “9” of Plaintiff’s Verified Complaint as if set forth in full herein. {C0130535.1} 3 3 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 11. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “10” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 12. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “11” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 13. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “12” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 14. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “13” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 15. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “14” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as {C0130535.1} 4 4 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 16. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “15” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 17. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “16” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 18. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “17,” “17(a),” “17b),” “17(c),” “17(d),” “17(e),” “17(f),” “17(g),” and “17(h)” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 19. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “18” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. {C0130535.1} 5 5 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 20. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “19” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 21. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “20” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 22. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “21” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 23. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “22” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 24. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “23” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as {C0130535.1} 6 6 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 25. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “24” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 26. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “25” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 27. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “26” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 28. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “27” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. {C0130535.1} 7 7 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 29. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “28” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 30. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “29” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 31. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “30” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 32. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “31” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 33. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “32” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as {C0130535.1} 8 8 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 34. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “33,” “33(a),” “33(b),” “33(c),” “33(d),” “33(e),” “33(f),” “33(g),” “33(h),” “33(i),” and “33(j)” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 35. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “34” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. 36. Defendant, ATWOOD & MORRILL CO., INC., denies each and every allegation contained in Paragraph “35” of the Plaintiff’s Verified Complaint insofar as it pertains to the answering defendant and denies any knowledge or information sufficient to form a belief as to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint. WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for any damages, compensatory, punitive or otherwise. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 37. ATWOOD & MORRILL CO., INC., repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “35,” inclusive, of Plaintiff’s Verified Complaint, as if set forth in full herein. {C0130535.1} 9 9 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 38. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “36” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 39. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “37” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 40. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “38” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 41. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “39” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for any damages, compensatory, punitive, or otherwise. {C0130535.1} 10 10 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 42. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “39,” inclusive, of Plaintiff’s Verified Complaint, as if set forth in full herein. 43. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “40” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 44. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “41” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for any damages, compensatory, punitive or otherwise. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 45. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “41,” inclusive, of Plaintiff’s Verified Complaint as if set forth in full herein. 46. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “43” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient {C0130535.1} 11 11 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 47. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “44” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 48. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “45” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 49. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “46” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 50. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “47” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. {C0130535.1} 12 12 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 51. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “48” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 52. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “49” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 53. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “50” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 54. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “51” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 55. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “52,” “52(a),” “52(b),” “52(c),” “52(d),” “52(e),” “52(f),” “52(g),” “52(h),” “52(i),” “52(j),” “52(k),” and “52(l)” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & {C0130535.1} 13 13 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 56. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “53” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 57. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “54” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 58. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “55” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 59. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “56” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. {C0130535.1} 14 14 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 60. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “57” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 61. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “58” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 62. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “59” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 63. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “60” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 64. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “61” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient {C0130535.1} 15 15 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 65. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “62” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 66. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “63” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 67. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “64” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 68. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “65” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. {C0130535.1} 16 16 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 69. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “66” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 70. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “67” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 71. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “68” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for any damages, compensatory, punitive or otherwise. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION 72. ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “68,” inclusive, of Plaintiff’s Verified Complaint as if set forth in full herein. 73. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “70” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient {C0130535.1} 17 17 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 74. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “71” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 75. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “72” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 76. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “73” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 77. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “74” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. {C0130535.1} 18 18 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 78. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “75” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 79. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “76” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 80. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “77” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 81. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “78” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 82. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “79” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient {C0130535.1} 19 19 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 83. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “80” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 84. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “81” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 85. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “82” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. WHEREFORE, Defendant, ATWOOD & MORRILL CO., INC., denies it is liable for any damages, compensatory, punitive, or otherwise. AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION 86. Defendant, ATWOOD & MORRILL CO., INC., herein repeats, reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “82,” inclusive, of Plaintiff’s Verified Complaint as if set forth in full herein. {C0130535.1} 20 20 of 37 FILED: NEW YORK COUNTY CLERK 06/30/2023 04:25 PM INDEX NO. 190125/2023 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 06/30/2023 87. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “84” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 88. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “85” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants. 89. ATWOOD & MORRILL CO., INC. denies the allegations contained in Paragraph “86” of the Plaintiff’s Verified Complaint pertaining to ATWOOD & MORRILL CO., INC., refers all question of law to the Court, and denies knowledge or information sufficient to form a belief as to the truth of allegations contained in this paragraph pertaining to the remaining Defendants.