On November 19, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Michelle Santos,
and
Michelle Y. Lawrence,
for Torts - Motor Vehicle
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 09/30/2020 02:45 PM INDEX NO. 2019-54690
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/30/2020
EXHIBIT B
12/24/2019 02:45
FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM
AM INDEX NO. 2019-54690
3
NYSCEF DOC. NO. 22 12/24/2019
RECEIVED NYSCEF: 09/30/2020
2019-54690E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
--------------------------------------------------------------X
MICHELLE SANTOS,
Plaintiff,
VERIFIED ANSWER
-against-
Index No. 2019-54690E
MICHELLE Y. LAWRENCE,
Defendant.
--------------------------------------------------------------X
Defendant, MICHELLE Y. LAWRENCE, by attorneys MARTYN & MARTYN, answering
the Original Verified Complaint of the plaintiff herein alleges:
1. Denies any knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs designated “1”, “3” and “5” of the Verified Complaint.
2. The allegations contained in paragraphs designated “2” and “4” are admitted.
3. Denies each and every allegation contained in paragraphs designated “6”, “7” and “8”
of the Verified Complaint.
4. Denies each and every allegation contained in paragraph designated “9” of the Verified
Complaint and respectfully requests all questions of law be referred to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
5. That whatever injuries and damages the plaintiff may have sustained as alleged in the
Complaint herein were caused, in whole or in part by the culpable conduct of the plaintiff, including
comparative negligence and assumption of risk of the plaintiff and failure to wear a seatbelt and/or
other restraints in accordance with Section 1229-C of the New York State Vehicle and Traffic Law
and plaintiff’s damages should be reduced by such culpable conduct.
1 of 25
12/24/2019 02:45
FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM
AM INDEX NO. 2019-54690
3
NYSCEF DOC. NO. 22 12/24/2019
RECEIVED NYSCEF: 09/30/2020
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
6. That if plaintiff’s economic losses were replaced or indemnified from collateral sources,
then this Defendant is entitled to have the Court consider these pursuant to CPLR 4545.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
7. That the injuries and damages allegedly sustained by plaintiff is barred pursuant to
Insurance Law 5104 unless plaintiff has sustained a serious injury and/or greater than basic economic
loss.
WHEREFORE, defendant demands judgement dismissing the Original Verified Complaint
of the plaintiff herein, together with the costs and disbursements of this action.
Dated: Mineola, NYG
December 24, 2019
Yours & etc.,
MARTYN & MARTYN
Attorneys for Defendant
MICHELLE Y. LAWRENCE
330 Old Country Road, Suite 211
Mineola, NY, 11501
516-739-0000
TO: Basch & Keegan, LLP
Attorneys for Plaintiff
307 Clinton Avenue P.O. Box 4235
Kingston, NY, 12402
(845) 338-8884
2 of 25
12/24/2019 02:45
FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM
AM INDEX NO. 2019-54690
3
NYSCEF DOC. NO. 22 12/24/2019
RECEIVED NYSCEF: 09/30/2020
STATE OF NEW YORK)
ss:
COUNTY OF NASSAU)
Giovanna Condello, duly admitted to practice law before the Courts of the State of New York,
affirms the following to be true under the penalties of perjury:
That (s)he is an attorney with the office of MARTYN & MARTYN attorneys for the
defendant, MICHELLE Y. LAWRENCE, with offices at 330 Old Country Road, Suite 211, Mineola,
NY 11501, County of Nassau, State of New York; that (s)he has read the foregoing ANSWER and
knows the contents thereof and that the same is true to her/his own knowledge except as to matters
therein stated to be alleged on information and belief and that as to those matters (s)he believes it to
be true.
That the reason why this affirmation is made by affirmant and not by the defendant is that the
defendant does not reside in the County where MARTYN & MARTYN have their aforesaid offices.
That the sources of affirmant’s information and grounds of her/his belief as to all matters in the
foregoing Answer therein stated upon her/his knowledge are records, reports, and correspondence in
connection with this matter reviewed by your affirmant.
Dated: Mineola, NY
December 24, 2019
___________________________________
GIOVANNA CONDELLO
3 of 25
Document Filed Date
September 30, 2020
Case Filing Date
November 19, 2019
Category
Torts - Motor Vehicle
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FILED: DUTCHESS COUNTY CLERK 09/30/2020 02:45 PM INDEX NO. 2019-54690 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/30/2020 EXHIBIT B 12/24/2019 02:45 FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM AM INDEX NO. 2019-54690 3 NYSCEF DOC. NO. 22 12/24/2019 RECEIVED NYSCEF: 09/30/2020 2019-54690E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS --------------------------------------------------------------X MICHELLE SANTOS, Plaintiff, VERIFIED ANSWER -against- Index No. 2019-54690E MICHELLE Y. LAWRENCE, Defendant. --------------------------------------------------------------X Defendant, MICHELLE Y. LAWRENCE, by attorneys MARTYN & MARTYN, answering the Original Verified Complaint of the plaintiff herein alleges: 1. Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated “1”, “3” and “5” of the Verified Complaint. 2. The allegations contained in paragraphs designated “2” and “4” are admitted. 3. Denies each and every allegation contained in paragraphs designated “6”, “7” and “8” of the Verified Complaint. 4. Denies each and every allegation contained in paragraph designated “9” of the Verified Complaint and respectfully requests all questions of law be referred to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 5. That whatever injuries and damages the plaintiff may have sustained as alleged in the Complaint herein were caused, in whole or in part by the culpable conduct of the plaintiff, including comparative negligence and assumption of risk of the plaintiff and failure to wear a seatbelt and/or other restraints in accordance with Section 1229-C of the New York State Vehicle and Traffic Law and plaintiff’s damages should be reduced by such culpable conduct. 1 of 25 12/24/2019 02:45 FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM AM INDEX NO. 2019-54690 3 NYSCEF DOC. NO. 22 12/24/2019 RECEIVED NYSCEF: 09/30/2020 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 6. That if plaintiff’s economic losses were replaced or indemnified from collateral sources, then this Defendant is entitled to have the Court consider these pursuant to CPLR 4545. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 7. That the injuries and damages allegedly sustained by plaintiff is barred pursuant to Insurance Law 5104 unless plaintiff has sustained a serious injury and/or greater than basic economic loss. WHEREFORE, defendant demands judgement dismissing the Original Verified Complaint of the plaintiff herein, together with the costs and disbursements of this action. Dated: Mineola, NYG December 24, 2019 Yours & etc., MARTYN & MARTYN Attorneys for Defendant MICHELLE Y. LAWRENCE 330 Old Country Road, Suite 211 Mineola, NY, 11501 516-739-0000 TO: Basch & Keegan, LLP Attorneys for Plaintiff 307 Clinton Avenue P.O. Box 4235 Kingston, NY, 12402 (845) 338-8884 2 of 25 12/24/2019 02:45 FILED: DUTCHESS COUNTY CLERK 09/30/2020 11:34 PM AM INDEX NO. 2019-54690 3 NYSCEF DOC. NO. 22 12/24/2019 RECEIVED NYSCEF: 09/30/2020 STATE OF NEW YORK) ss: COUNTY OF NASSAU) Giovanna Condello, duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: That (s)he is an attorney with the office of MARTYN & MARTYN attorneys for the defendant, MICHELLE Y. LAWRENCE, with offices at 330 Old Country Road, Suite 211, Mineola, NY 11501, County of Nassau, State of New York; that (s)he has read the foregoing ANSWER and knows the contents thereof and that the same is true to her/his own knowledge except as to matters therein stated to be alleged on information and belief and that as to those matters (s)he believes it to be true. That the reason why this affirmation is made by affirmant and not by the defendant is that the defendant does not reside in the County where MARTYN & MARTYN have their aforesaid offices. That the sources of affirmant’s information and grounds of her/his belief as to all matters in the foregoing Answer therein stated upon her/his knowledge are records, reports, and correspondence in connection with this matter reviewed by your affirmant. Dated: Mineola, NY December 24, 2019 ___________________________________ GIOVANNA CONDELLO 3 of 25