Answer: Michael Spinelli v. A.O. Smith Corporation, Aii Acquisition, Llc ind. and as suc. to HOLLAND FURNACE CORP., Air & Liquid Systems Corporation ind. and as suc. by merger to BUFFALO PUMPS INC., American Biltrite, Inc., American Optical Corporation, Armstrong International, Inc. f/k/a ARMSTRONG MACHINE WORKS, Borden Chemical, Inc., Burnham Llc ind. and as suc. to KEWANEE BOILER THERMO PRIDE AND BRYAN STEAM, LLC, Carrier Corporation, Cleaver-Brooks Company, Columbia Boiler Co., Dap Products, Inc., Elgen Manufacturing Company Inc., Fmc Corporation ind. and as suc. to NORTHERN PUMP COMPANY, COFFIN AND PEERLESS PUMP COMPANY, General Electric Company, Goulds Pumps, Llc ind. and as suc. to INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO GOULDS PUMPS (TX), LP, H.B. Smith Company, Inc., Honeywell International Inc ind. and as suc. to (F/K/A ALLIED SIGNAL) AS SUCCESSOR IN INTEREST TO BENDIX CORPORATION, Imo Industries, Inc. ind. and as suc. to DELAVAL TURBINE, TRANSAMERICA DELAVAL AND IMO DELAVAL, International Paper Company ind. and as suc. to OTIS FALLS PULP & PAPER COMPANY, Itt Corporation ind. and as suc. to ITT FLUID PRODUCTS CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, AND KENNEDY VALVE, J.H. France Refractories Co, Inc., Keeler/Dorr-Oliver, Kohler Co., Lennox Industries, Inc., Long Island Lighting Company, National Grid Generation Llc ind. and as suc. to LONG ISLAND LIGHTING COMPANY, Paramount Global F/K/A VIACOM CBS INC. F/K/A CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM INC., F/K/A WESTINGHOUSE ELECTRIC CORPORATION, SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, Pecora Corporation, Redco Corporation A/K/A CRANE CO. and ind. and as suc. to DEMING PUMP, WEINMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL BOILER CORPORATION, AND THATCHER BOILER, Rheem Manufacturing Company (RUDD WATER DIVISION) and as suc. to HOFFMAN NEW YORK, S.O.S. Products Company, Inc., Sid Harvey Industries, Inc., Spirax Sarco, Inc ind. and as suc. to SARCO COMPANY, INC., The Marley Company (WEIL MCLAIN DIVISION), The Marley-Wylain Company ind. and as suc. to THE WILLIAMSON COMPANY, Union Carbide Corporation, United Technologies Corporation ind. and as suc. to BRYANT HEATING AND COOLING SYSTEMS, Individually and for its UNICPORATED DIVISION PRATT & WHITNEY CO., INC., Weir Valves & Controls Usa, Inc. ind. and as suc. to ATWOOD & MORRILL CO.;, Weyerhaeuser Company, York International Corporation ind. and as suc. to FRICK COMPANY, Zurn Industries, Llc (ind. and as suc. to ERIE CITY IRON WORKERS CORPORATION), Armstrong Pumps, Inc., Blackman Plumbing Supply Company, Inc., Carrier Corporation Ind. And As Suc. To Bryant Heating And Cooling Systems, Foster Wheeler Llc Ind. And As Suc. To Survivor To A Merger With Foster Wheeler Corporation, Grinnell Corporation, Hexion Inc. Ind. And As Suc. To F/K/A Momentive Specialty Chemicals Inc. And As Successor In Interest To Borden Chemical Inc., Kaiser Gypsum Company, Inc., Carlisle Hardcast, Llc, Flowserve Us, Inc. Ind. And As Suc. To Rockwell Manufacturing Inc., Gte Products Of Connecticut Corporation, Leviton Manufacturing Co., New York University, Progress Lighting, Inc., Utility Manufacturing Co., Conwed Corporation Ind. And As Suc. To Wood Conversion Company, Aii Acquisition Service Company, Slant-Fin Corporation, Compudyne, Inc. Of Delaware A/K/A Compudyne, Inc. Ind. And As Suc. To York-Shipley, Inc., Port Authority Of New York And New Jersey, Canvas Mw, Llc F/K/A The Marleywylain Company, Llc And Canvas Sx, Llc, F/K/A Spx, Llc

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Preview
                                FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                   INDEX NO. 190125/2023
NYSCEF DOC. NO. 72                                                                         RECEIVED NYSCEF: 06/29/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF NEW YORK
                                                                         X

          MICHAEL SPINELLI,
                                                                                Index No: 190125/2023
                                                           Plaintiffs,
                                                                                VERIFIED ANSWER TO
                                 - against -                                    COMPLAINT

          A.O. SMITH CORPORATION, et al.,

                                                         Defendants.
                                                                         X


                   Defendant, SID HARVEY INDUSTRIES, INC., by its attorneys McGivney, Kluger,

          Clark & Intoccia, P.C. for its Answer to Plaintiffs’ Verified Complaint states as follows:

                   1.    Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to each and every allegation contained in Paragraph “1” of

          Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.

                   2.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “2” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, 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 to this Court

          for determination at time of trial.




          {N1335772-1}


                                                         1 of 39
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                  3.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “3” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, 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 to this Court

          for determination at time of trial.

                  4.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “4” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, 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 to this Court

          for determination at time of trial.

                  5.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “5” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, refers all questions of law to this Court for determination at time of trial, 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 to this Court

          for determination at time of trial and leaves Plaintiffs to their proofs.

                  6.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “6” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, 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 to this Court

          for determination at time of trial.


          {N1335772-1}


                                                         2 of 39
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                  7.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “7” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, 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 to this Court

          for determination at time of trial.

                  8.     Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to each and every allegation contained in Paragraph “8” of

          Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.

                  9.     Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to each and every allegation contained in Paragraph “9” of

          Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.

                                        AS AND FOR AN ANSWER TO THE
                                            FIRST CAUSE OF ACTION

                  Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each and

          every answer heretofore made to Paragraphs “1” through “9” of Plaintiffs’ Verified Complaint.

                  10.    Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to each and every allegation contained in Paragraph “10” of

          Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs

                  11.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “11” of the Plaintiffs’ Verified Complaint insofar as it pertains to the

          answering defendant, 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 and leaves Plaintiffs to their proofs.



          {N1335772-1}


                                                         3 of 39
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                   12.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “12” of the Plaintiffs’ Verified Complaint insofar as it pertains to the

          answering defendant, 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, and leaves Plaintiffs to their proofs.

                  13.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “13” of the Plaintiffs’ Verified Complaint insofar as it pertains to the

          answering defendant, 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, and leaves Plaintiffs to their proofs.

                  14.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “14” of the Plaintiffs’ 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, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “15” of the Plaintiffs’ 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.




          {N1335772-1}


                                                        4 of 39
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                  16.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “16” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  17.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “17”, and all subparts, of the Plaintiffs’ Verified Complaint as it pertains to

          this answering defendant and refers all questions of law to this Court for determination at time of

          trial, 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, and leaves Plaintiffs to their proofs.

                  18.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “18” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  19.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “19” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.


          {N1335772-1}


                                                         5 of 39
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                  20.    Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to each and every allegation contained in Paragraph “19” of

          the Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.

                  21.    Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegations contained in Paragraph “21”

          and leaves Plaintiffs to their proofs.

                  22.    Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegations contained in Paragraph “22”

          and leaves Plaintiffs to their proofs.

                  23.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “23” of the Plaintiffs’ 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.

                  24.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “24” of the Plaintiffs’ 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.

                  25.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “25” of the Plaintiffs’ 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.


          {N1335772-1}


                                                        6 of 39
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                  26.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “26” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant, and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  27.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “27” of the Plaintiffs’ 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.

                  28.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “28” of the Plaintiffs’ 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.

                  29.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “29” of the Plaintiffs’ 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.




          {N1335772-1}


                                                         7 of 39
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                  30.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “30” of the Plaintiffs’ 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.

                  31.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “31” of the Plaintiffs’ 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.

                  32.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “32” of the Plaintiffs’ 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.

                  33.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraphs “33”, and all subparts, of the Plaintiffs’ 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.




          {N1335772-1}


                                                        8 of 39
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                  34.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “34” of the Plaintiffs’ 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.

                  35.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “35” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  WHEREFORE, defendant denies it is liable for any damages, compensatory, punitive or

          otherwise.

                                            AS AND FOR AN ANSWER
                                        TO THE SECOND CAUSE OF ACTION


                  Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each and

          every answer heretofore made to Paragraphs “1” through “35” of Plaintiffs’ Verified Complaint.

                  36.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “36” of the Plaintiffs’ 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.




          {N1335772-1}


                                                         9 of 39
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                  37.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “37” of the Plaintiffs’ 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.

                  38.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “38” of the Plaintiffs’ 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.

                  39.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “39” of the Plaintiffs’ 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.

                  WHEREFORE, defendant denies it is liable for any damages, compensatory, punitive or

          otherwise.

                                          AS AND FOR AN ANSWER
                                      TO THE THIRD CAUSE OF ACTION

                  Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each and

          every answer heretofore made to Paragraphs “1” through “39” of Plaintiffs’ Verified Complaint.




          {N1335772-1}


                                                       10 of 39
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                  40.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “40” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant 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.

                  41.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “41” of the Plaintiffs’ 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.

                  WHEREFORE, defendant denies it is liable for any damages, compensatory, punitive or

          otherwise.

                                            AS AND FOR AN ANSWER
                                        TO THE FOURTH CAUSE OF ACTION

                  Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each and

          every answer heretofore made to Paragraphs “1” through “41” of Plaintiffs’ Verified Complaint.

                  42.     Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each

          and every answer heretofore made to Paragraphs “1” through “41” of Plaintiffs’ Verified Complaint.

                  43. Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “43” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.



          {N1335772-1}


                                                        11 of 39
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                  44.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “54” of the Plaintiffs’ 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.

                  45.     Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegations contained in Paragraph “45”

          of the Plaintiff’s Verified Complaint and leaves Plaintiffs to their proofs.

                  46.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “46” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  47.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “47” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.




          {N1335772-1}


                                                        12 of 39
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                  48.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “48” of the Plaintiffs’ 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.

                  49.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “49” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  50.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “50” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  51.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “51” of the Plaintiffs’ 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.




          {N1335772-1}


                                                        13 of 39
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                  52.      Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “52”, and all subparts, of the Plaintiffs’ 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.

                  53.      Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegations contained in Paragraph “53”

          of the Plaintiff’s Verified Complaint and leaves Plaintiffs to their proofs.

                  54.      Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “54” of the Plaintiffs’ 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

                  55.      Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegations contained in Paragraph “55”

          of the Plaintiffs’ Verified Complaint and refers all questions of law to this Court for determination at

          time of trial.

                  56.      Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “56” of the Plaintiffs’ 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.




          {N1335772-1}


                                                        14 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                 INDEX NO. 190125/2023
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                  57.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “57” of the Plaintiffs’ 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.

                  58.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “58” of the Plaintiffs’ 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.

                  59.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “59” of the Plaintiffs’ 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.

                  60.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “60” of the Plaintiffs’ 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.




          {N1335772-1}


                                                       15 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                   INDEX NO. 190125/2023
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                  61.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “61” of the Plaintiffs’ 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.

                  62.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “62” of the Plaintiffs’ 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.

                  63.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “63” of the Plaintiffs’ 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.

                  64.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “64” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.




          {N1335772-1}


                                                        16 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                   INDEX NO. 190125/2023
NYSCEF DOC. NO. 72                                                                         RECEIVED NYSCEF: 06/29/2023




                  65.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “65” of the Plaintiffs’ Verified Complaint as it pertains to this answering

          defendant and refers all questions of law to this Court for determination at time of trial, 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, and leaves

          Plaintiffs to their proofs.

                  66.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “66” of the Plaintiffs’ 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.

                  67.     Defendant, SID HARVEY INDUSTRIES, INC., denies any knowledge or

          information sufficient to form a belief as to the truth of the allegation contained in Paragraph “67” of

          the Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.

                  68.     Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “68” of the Plaintiffs’ 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.

                  WHEREFORE, defendant denies it is liable for any damages, compensatory, punitive or

          otherwise.

                                            AS AND FOR AN ANSWER
                                        TO THE FIFTH CAUSE OF ACTION

                  Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each and

          every answer heretofore made to Paragraphs “1” through “68” of Plaintiffs’ Verified Complaint.
          {N1335772-1}


                                                        17 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                 INDEX NO. 190125/2023
NYSCEF DOC. NO. 72                                                                       RECEIVED NYSCEF: 06/29/2023




                  69.    Defendant, SID HARVEY INDUSTRIES, INC., herein repeats and reiterates each

          and every answer heretofore made to Paragraphs “1” through “68” of Plaintiffs’ Verified Complaint.

                  70.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “70” of the Plaintiffs’ 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.

                  71.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “71” of the Plaintiffs’ 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.

                  72.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “72” of the Plaintiffs’ 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.

                  73.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “73” of the Plaintiffs’ 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.




          {N1335772-1}


                                                       18 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                 INDEX NO. 190125/2023
NYSCEF DOC. NO. 72                                                                       RECEIVED NYSCEF: 06/29/2023




                  74.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “74” of the Plaintiffs’ 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.

                  75.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “75” of the Plaintiffs’ 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.

                  76.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “76” of the Plaintiffs’ 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.

                  77.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “77” of the Plaintiffs’ 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.




          {N1335772-1}


                                                       19 of 39
FILED: NEW YORK COUNTY CLERK 06/29/2023 10:13 AM                                                 INDEX NO. 190125/2023
NYSCEF DOC. NO. 72                                                                       RECEIVED NYSCEF: 06/29/2023




                  78.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “78” of the Plaintiffs’ 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.

                  79.    Defendant, SID HARVEY INDUSTRIES, INC., denies each and every allegation

          contained in Paragraph “79” of the Plaintiffs’ 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 Verifie