Preview
FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ Index No.: 506931/2022
Plaintiff,
VERIFIED ANSWER
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN REALTY &
MANAGEMENT NY INC.,
Defendants.
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Defendant, TOV PROPERTY MANAGEMENT CORP., by its attorneys, McCAULEY
LAW FIRM, PLLC, hereby answers Plaintiff’s Complaint, dated March 9, 2022, upon
information and belief, as follows:
1. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “1” of the Complaint.
2. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “2 of the Complaint.
3. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “3” of the Complaint.
4. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “4” of the Complaint.
5. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “5” of the Complaint.
6. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “6” of the Complaint.
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7. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “7” of the Complaint.
8. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “8” of the Complaint.
9. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “9” of the Complaint.
10. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “10” of the Complaint.
11. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “11” of the Complaint.
12. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “12” of the Complaint.
13. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “13” of the Complaint.
14. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “14” of the Complaint.
15. Admits the truth of the allegations set forth in Paragraph “15” of the Complaint.
16. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “16” of the Complaint, except admits that answering defendant
was and still is the property manager at the premises located at 233 Jamaica Avenue, Brooklyn,
New York.
17. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “17” of the Complaint.
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18. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “18” of the Complaint, except admits that answering defendant
was and still is the property manager at the premises located at 233 Jamaica Avenue, Brooklyn,
New York.
19. Denies the truth of the allegations set forth in Paragraph “19” of the Complaint.
20. Denies the truth of the allegations set forth in Paragraph “20” of the Complaint.
21. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “21” of the Complaint.
22. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “22” of the Complaint.
23. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “23” of the Complaint.
24. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “24” of the Complaint.
25. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “25” of the Complaint.
26. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “26” of the Complaint.
27. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “27” of the Complaint.
28. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “28” of the Complaint.
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29. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “29” of the Complaint.
30. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “30” of the Complaint.
31. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “31” of the Complaint.
32. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “32” of the Complaint.
33. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “33” of the Complaint.
34. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “34” of the Complaint.
35. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “35” of the Complaint.
36. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “36” of the Complaint.
37. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “37” of the Complaint.
38. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “38” of the Complaint.
39. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “39” of the Complaint.
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40. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “40” of the Complaint.
41. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “41” of the Complaint.
42. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “42” of the Complaint.
43. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “43” of the Complaint.
44. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “44” of the Complaint.
45. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “45” of the Complaint.
46. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “46” of the Complaint.
47. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “47” of the Complaint.
48. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “48” of the Complaint.
49. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “49” of the Complaint.
50. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “50” of the Complaint.
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51. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in Paragraph “51” of the Complaint.
52. Denies the truth of the allegations as to TOV PROPERTY MANAGEMENT
CORP., and as to the other defendants, denies knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in Paragraph “52” of the Complaint.
53. Denies the truth of the allegations set forth in Paragraph “53” of the Complaint.
54. Denies the truth of the allegations set forth in Paragraph “54” of the Complaint.
55. Denies the truth of the allegations set forth in Paragraph “55” of the Complaint.
56. Denies the truth of the allegations set forth in Paragraph “56” of the Complaint.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
That any injuries and/or damages sustained by the plaintiff, as alleged in the Verified
Complaint therein, were caused in whole or in part, by the contributory negligence and/or
culpable conduct of the plaintiff and not on the part of this answering defendant.
SECOND AFFIRMATIVE DEFENSE
That, upon information and belief, all risks and danger of loss or danger connected with
the situation alleged in the Verified Complaint were at the time and place mentioned open and
obvious and apparent and were known by the plaintiff and voluntarily assumed by him.
THIRD AFFIRMATIVE DEFENSE
Upon information and belief, the plaintiff has been indemnified for medical costs and/or
economic loss from a collateral source, by reason of which the liability of the answering
defendant, if any, should be reduced by the amount provided by the collateral source.
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FOURTH AFFIRMATIVE DEFENSE
Answering defendant is entitled to limitation of liability pursuant to Article 16 of the
CPLR.
FIFTH AFFIRMATIVE DEFENSE
The Verified Complaint fails to state a cause of action, cognizable in equity or law against
this answering defendant and must therefore be dismissed.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff was an employee of the answering defendant, and, therefore, his claims against
the answering defendant are barred by the Workers’ Compensation Law.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff was a “special employee” of the answering defendant within the meaning of the
Workers’ Compensation Law, and, therefore, his claims against the answering defendant are
barred by the Workers’ Compensation Law.
EIGHTH AFFIRMATIVE DEFENSE
The answering defendant is an “alter ego” of the defendant, Tov Management Corp.
within the meaning of the Workers’ Compensation Law, and, therefore, his claims against the
answering defendant are barred by the Workers’ Compensation Law. The defendant, Tov
Management Corp., controls the answering defendant, and the answering defendant and the
defendant, Tov Management Corp., operate as a single, integrated entity. The protection against
lawsuits brought by injured workers that is afforded to employers by Workers' Compensation
Law §§ 11 and 29 (6) also extends to entities that are “alter egos” of the entity which employs
the plaintiff (see Samuel v Fourth Ave. Assoc., LLC, 75 AD3d 594, (2nd Dept. 2010); Cappella v
Suresky at Hatfield Lane, LLC, 55 AD3d 522, (2nd Dept. 2008).
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NINTH AFFIRMATIVE DEFENSE
The plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the
injuries, damages, and disabilities alleged in the Verified Complaint.
TENTH AFFIRMATIVE DEFENSE
Defendant asserts Section 15-208 of the General Obligations Law and will ask the Court
that the Defendant be entitled to a set-off for any settlements, releases or discontinuances.
WHEREFORE, Defendant, TOV PROPERTY MANAGEMENT CORP., demands
judgment dismissing Plaintiff’s Complaint, together with the costs and disbursements of this
action, including attorneys’ fees, and for such other, further and different relief as this court may
deem just, proper and equitable.
Dated: White Plains, New York
June 14, 2023
McCAULEY LAW FIRM, PLLC
By: Todd M. McCauley
Todd M. McCauley, Esq.
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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ATTORNEY VERIFICATION
Todd M. McCauley, an attorney-at-law, affirms, under penalty of perjury, as follows:
That I am a partner of McCauley Law Firm, PLLC, attorneys for TOV PROPERTY
MANAGEMENT CORP., in the within action; that the deponent has read the foregoing Verified
Answer and knows the contents thereof; that the same is true to my own knowledge, except as to
the matters therein stated upon information and belief, and as to those matters, I believe them to
be true.
The grounds for my belief as to all matters not stated upon my own knowledge and the
source of my knowledge as to all the matters therein stated is the review of documentation and
the litigation file maintained by my office.
The reason why this Verification is not made by the answering Defendant is that it does
not reside in the County where my firm maintains an office.
Dated: White Plains, New York
June 14, 2023
Todd M. McCauley
________________________________
Todd M. McCauley
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Preview
FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ Index No.: 506931/2022 Plaintiff, VERIFIED ANSWER -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X Defendant, TOV PROPERTY MANAGEMENT CORP., by its attorneys, McCAULEY LAW FIRM, PLLC, hereby answers Plaintiff’s Complaint, dated March 9, 2022, upon information and belief, as follows: 1. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “1” of the Complaint. 2. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “2 of the Complaint. 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “3” of the Complaint. 4. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “4” of the Complaint. 5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “5” of the Complaint. 6. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “6” of the Complaint. 1 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 7. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “7” of the Complaint. 8. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “8” of the Complaint. 9. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “9” of the Complaint. 10. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “10” of the Complaint. 11. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “11” of the Complaint. 12. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “12” of the Complaint. 13. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “13” of the Complaint. 14. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “14” of the Complaint. 15. Admits the truth of the allegations set forth in Paragraph “15” of the Complaint. 16. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “16” of the Complaint, except admits that answering defendant was and still is the property manager at the premises located at 233 Jamaica Avenue, Brooklyn, New York. 17. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “17” of the Complaint. 2 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 18. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “18” of the Complaint, except admits that answering defendant was and still is the property manager at the premises located at 233 Jamaica Avenue, Brooklyn, New York. 19. Denies the truth of the allegations set forth in Paragraph “19” of the Complaint. 20. Denies the truth of the allegations set forth in Paragraph “20” of the Complaint. 21. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “21” of the Complaint. 22. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “22” of the Complaint. 23. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “23” of the Complaint. 24. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “24” of the Complaint. 25. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “25” of the Complaint. 26. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “26” of the Complaint. 27. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “27” of the Complaint. 28. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “28” of the Complaint. 3 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 29. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “29” of the Complaint. 30. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “30” of the Complaint. 31. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “31” of the Complaint. 32. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “32” of the Complaint. 33. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “33” of the Complaint. 34. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “34” of the Complaint. 35. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “35” of the Complaint. 36. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “36” of the Complaint. 37. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “37” of the Complaint. 38. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “38” of the Complaint. 39. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “39” of the Complaint. 4 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 40. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “40” of the Complaint. 41. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “41” of the Complaint. 42. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “42” of the Complaint. 43. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “43” of the Complaint. 44. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “44” of the Complaint. 45. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “45” of the Complaint. 46. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “46” of the Complaint. 47. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “47” of the Complaint. 48. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “48” of the Complaint. 49. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “49” of the Complaint. 50. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “50” of the Complaint. 5 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 51. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “51” of the Complaint. 52. Denies the truth of the allegations as to TOV PROPERTY MANAGEMENT CORP., and as to the other defendants, denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph “52” of the Complaint. 53. Denies the truth of the allegations set forth in Paragraph “53” of the Complaint. 54. Denies the truth of the allegations set forth in Paragraph “54” of the Complaint. 55. Denies the truth of the allegations set forth in Paragraph “55” of the Complaint. 56. Denies the truth of the allegations set forth in Paragraph “56” of the Complaint. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE That any injuries and/or damages sustained by the plaintiff, as alleged in the Verified Complaint therein, were caused in whole or in part, by the contributory negligence and/or culpable conduct of the plaintiff and not on the part of this answering defendant. SECOND AFFIRMATIVE DEFENSE That, upon information and belief, all risks and danger of loss or danger connected with the situation alleged in the Verified Complaint were at the time and place mentioned open and obvious and apparent and were known by the plaintiff and voluntarily assumed by him. THIRD AFFIRMATIVE DEFENSE Upon information and belief, the plaintiff has been indemnified for medical costs and/or economic loss from a collateral source, by reason of which the liability of the answering defendant, if any, should be reduced by the amount provided by the collateral source. 6 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 FOURTH AFFIRMATIVE DEFENSE Answering defendant is entitled to limitation of liability pursuant to Article 16 of the CPLR. FIFTH AFFIRMATIVE DEFENSE The Verified Complaint fails to state a cause of action, cognizable in equity or law against this answering defendant and must therefore be dismissed. SIXTH AFFIRMATIVE DEFENSE Plaintiff was an employee of the answering defendant, and, therefore, his claims against the answering defendant are barred by the Workers’ Compensation Law. SEVENTH AFFIRMATIVE DEFENSE Plaintiff was a “special employee” of the answering defendant within the meaning of the Workers’ Compensation Law, and, therefore, his claims against the answering defendant are barred by the Workers’ Compensation Law. EIGHTH AFFIRMATIVE DEFENSE The answering defendant is an “alter ego” of the defendant, Tov Management Corp. within the meaning of the Workers’ Compensation Law, and, therefore, his claims against the answering defendant are barred by the Workers’ Compensation Law. The defendant, Tov Management Corp., controls the answering defendant, and the answering defendant and the defendant, Tov Management Corp., operate as a single, integrated entity. The protection against lawsuits brought by injured workers that is afforded to employers by Workers' Compensation Law §§ 11 and 29 (6) also extends to entities that are “alter egos” of the entity which employs the plaintiff (see Samuel v Fourth Ave. Assoc., LLC, 75 AD3d 594, (2nd Dept. 2010); Cappella v Suresky at Hatfield Lane, LLC, 55 AD3d 522, (2nd Dept. 2008). 7 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 NINTH AFFIRMATIVE DEFENSE The plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages, and disabilities alleged in the Verified Complaint. TENTH AFFIRMATIVE DEFENSE Defendant asserts Section 15-208 of the General Obligations Law and will ask the Court that the Defendant be entitled to a set-off for any settlements, releases or discontinuances. WHEREFORE, Defendant, TOV PROPERTY MANAGEMENT CORP., demands judgment dismissing Plaintiff’s Complaint, together with the costs and disbursements of this action, including attorneys’ fees, and for such other, further and different relief as this court may deem just, proper and equitable. Dated: White Plains, New York June 14, 2023 McCAULEY LAW FIRM, PLLC By: Todd M. McCauley Todd M. McCauley, Esq. Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 8 of 9 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 06/14/2023 ATTORNEY VERIFICATION Todd M. McCauley, an attorney-at-law, affirms, under penalty of perjury, as follows: That I am a partner of McCauley Law Firm, PLLC, attorneys for TOV PROPERTY MANAGEMENT CORP., in the within action; that the deponent has read the foregoing Verified Answer and knows the contents thereof; that the same is true to my own knowledge, except as to the matters therein stated upon information and belief, and as to those matters, I believe them to be true. The grounds for my belief as to all matters not stated upon my own knowledge and the source of my knowledge as to all the matters therein stated is the review of documentation and the litigation file maintained by my office. The reason why this Verification is not made by the answering Defendant is that it does not reside in the County where my firm maintains an office. Dated: White Plains, New York June 14, 2023 Todd M. McCauley ________________________________ Todd M. McCauley 9 of 9