Preview
(FILED: NEW YORK COUNTY CLERK 0970272016 I1:56 AM INDEX NO. 156120/2016
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/02/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
arama Index No.: 156120/2016
KIMBERLY D. SUAREZ,
VERIFIED ANSWER TO
Plaintiff, PLAINTIFF’S VERIFIED
COMPLAINT
-against-
JOSE J. LEON,
Defendant.
= ee
Defendant, JOSE J. LEON, by his attorneys, MARONEY O'CONNOR LLP, as
and for an Answer to the Verified Complaint, alleges upon information and belief:
1 Deny knowledge or information sufficient to form a belief for each and
every allegation contained in paragraphs numbered "1", "2", "5", "6", "7", "8", "9" and
“10” of the Verified Complaint.
2 Deny each and every allegation contained in the paragraphs numbered
"41", “15”, "17", "18", "19" and “21” of the Verified Complaint and respectfully refers
all questions of law to the Honorable Court.
3 Deny each and every allegation contained in paragraphs numbered
"12", "13", "14", "16" and “20” of the Verified Complaint.
AS AND FOR A FIRST AND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
If it is determined that Plaintiff was contributorily negligent or assumed the risk,
the Defendant pleads said facts in diminution of damages in the proportion which the
culpable conduct attributable to the Plaintiff bears to the culpable conduct which
caused the damages.
lof5
AS AND FOR A SECOND AND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
Any past or future cost or expense incurred or to be incurred by Plaintiff for
medical care, dental care, custodial care or rehabilitation services, loss of earnings or
other economic loss, was or will within reasonable certainty be replaced or
indemnified in whole or in part from collateral sources such as defined in Section
4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A THIRD AND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
That the injuries, losses, damages and occurrences alleged in the complaint
were the result of an independent and intervening cause or causes over which
answering Defendant had no control or right of control and in no way, participated.
AS AND FOR A FOURTH AND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
That the injuries, losses or damages alleged in the complaint were caused
and/or contributed to by the contributory fault, lack of care, culpable conduct and
negligence of the Plaintiff and/or other individuals or entities for whose conduct this
answering Defendant is not responsible.
AS AND FOR A FIFTH AND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
By reason of all of the provisions of Article 51 of the New York Comprehensive
Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks
jurisdiction over the subject matter of this action and Plaintiff is expressly prohibited
by the above mentioned law from maintaining this action.
WHEREFORE, Defendant, JOSE J. LEON, by his attorneys, MARONEY
O'CONNOR LLP, demands judgment dismissing the Complaint of the Plaintiff herein,
together with the costs and disbursements, and in the event any judgment is
2 0f 5
recovered against the answering Defendant it is further demanded that such
judgment be reduced by the amount which is proportionate to Plaintiff's degree of
culpability; and for such other and further relief as to this Court deems just and
proper.
Dated: New York, New York
September 1, 2016
Yours, etc.
MARONEY O’CONNOR LLP
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
TO:
Salvatore J. Sciangula, Esq
Attorney for Plaintiff
KIMBERLY D. SUAREZ
138 Compass Place
Arverne, NY 11692
646.256.0099
3 0f 5
ATTORNEY'S VERIFICATION
The undersigned, an attorney duly admitted to practice law in the Courts of
the State of New York, states as follows: Affirmant is associated with the firm of
Maroney O'Connor LLP, the attorneys for the Defendant, JOSE J. LEON, and has
read the foregoing Verified Answer to the Verified Complaint and knows the contents
thereof and that the same is true to the best of affirmant’s knowledge, except as to
those matters therein stated to be alleged upon information and belief and as to
those matters affirmant believes to be true.
That the reason this verification is made by affirmant and not by the Defendant
is because the Defendant is not in the county within which the within verification is
made, to wit, Nassau County; and that the source of affirmant’s knowledge and the
grounds of belief as to those matters therein stated to be alleged upon information
and belief are correspondence and investigations which have been made concerning
the subject matter in this action and which are in the possession of the said
attorneys.
The undersigned affirms that the foregoing statements are true, under the
penalties of perjury.
Dated: Port Washington, New York
September 1, 2016
THOMAS J. ONEY
4o0f 5
Index No.: 156120/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
as ---- aX
KIMBERLY D. SUAREZ,
Plaintiff,
-against-
JOSE J. LEON,
Defendant.
reo == ——
VERIFIED ANSWER TO PLAINTIFF'S VERIFIED COMPLAINT
MARONEY O’CONNOR LLP
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
5 of 5
Preview
(FILED: NEW YORK COUNTY CLERK 0970272016 I1:56 AM INDEX NO. 156120/2016 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK arama Index No.: 156120/2016 KIMBERLY D. SUAREZ, VERIFIED ANSWER TO Plaintiff, PLAINTIFF’S VERIFIED COMPLAINT -against- JOSE J. LEON, Defendant. = ee Defendant, JOSE J. LEON, by his attorneys, MARONEY O'CONNOR LLP, as and for an Answer to the Verified Complaint, alleges upon information and belief: 1 Deny knowledge or information sufficient to form a belief for each and every allegation contained in paragraphs numbered "1", "2", "5", "6", "7", "8", "9" and “10” of the Verified Complaint. 2 Deny each and every allegation contained in the paragraphs numbered "41", “15”, "17", "18", "19" and “21” of the Verified Complaint and respectfully refers all questions of law to the Honorable Court. 3 Deny each and every allegation contained in paragraphs numbered "12", "13", "14", "16" and “20” of the Verified Complaint. AS AND FOR A FIRST AND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE If it is determined that Plaintiff was contributorily negligent or assumed the risk, the Defendant pleads said facts in diminution of damages in the proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which caused the damages. lof5 AS AND FOR A SECOND AND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE Any past or future cost or expense incurred or to be incurred by Plaintiff for medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, was or will within reasonable certainty be replaced or indemnified in whole or in part from collateral sources such as defined in Section 4545(c) of the New York Civil Practice Law and Rules. AS AND FOR A THIRD AND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE That the injuries, losses, damages and occurrences alleged in the complaint were the result of an independent and intervening cause or causes over which answering Defendant had no control or right of control and in no way, participated. AS AND FOR A FOURTH AND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE That the injuries, losses or damages alleged in the complaint were caused and/or contributed to by the contributory fault, lack of care, culpable conduct and negligence of the Plaintiff and/or other individuals or entities for whose conduct this answering Defendant is not responsible. AS AND FOR A FIFTH AND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE By reason of all of the provisions of Article 51 of the New York Comprehensive Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject matter of this action and Plaintiff is expressly prohibited by the above mentioned law from maintaining this action. WHEREFORE, Defendant, JOSE J. LEON, by his attorneys, MARONEY O'CONNOR LLP, demands judgment dismissing the Complaint of the Plaintiff herein, together with the costs and disbursements, and in the event any judgment is 2 0f 5 recovered against the answering Defendant it is further demanded that such judgment be reduced by the amount which is proportionate to Plaintiff's degree of culpability; and for such other and further relief as to this Court deems just and proper. Dated: New York, New York September 1, 2016 Yours, etc. MARONEY O’CONNOR LLP Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 TO: Salvatore J. Sciangula, Esq Attorney for Plaintiff KIMBERLY D. SUAREZ 138 Compass Place Arverne, NY 11692 646.256.0099 3 0f 5 ATTORNEY'S VERIFICATION The undersigned, an attorney duly admitted to practice law in the Courts of the State of New York, states as follows: Affirmant is associated with the firm of Maroney O'Connor LLP, the attorneys for the Defendant, JOSE J. LEON, and has read the foregoing Verified Answer to the Verified Complaint and knows the contents thereof and that the same is true to the best of affirmant’s knowledge, except as to those matters therein stated to be alleged upon information and belief and as to those matters affirmant believes to be true. That the reason this verification is made by affirmant and not by the Defendant is because the Defendant is not in the county within which the within verification is made, to wit, Nassau County; and that the source of affirmant’s knowledge and the grounds of belief as to those matters therein stated to be alleged upon information and belief are correspondence and investigations which have been made concerning the subject matter in this action and which are in the possession of the said attorneys. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Port Washington, New York September 1, 2016 THOMAS J. ONEY 4o0f 5 Index No.: 156120/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK as ---- aX KIMBERLY D. SUAREZ, Plaintiff, -against- JOSE J. LEON, Defendant. reo == —— VERIFIED ANSWER TO PLAINTIFF'S VERIFIED COMPLAINT MARONEY O’CONNOR LLP Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 5 of 5