Preview
FILED: SUFFOLK COUNTY CLERK 09/18/2023
02/08/2022 04:21
02:21 PM INDEX NO. 603197/2021
NYSCEF DOC. NO. 48
34 RECEIVED NYSCEF: 09/18/2023
02/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
——————————————————————X
MELINDA ANKUM, Index No.: 603197/2021
Plaintiff,
-against- VERIFIED ANSWER
TO AMENDED COMPLAINT
FAIRFIELD VILLAGE AT CORAM, LLC, AND
LAWN RAIDERS, INC.,
Defendants.
——————————————————————X
FAIRFIELD VILLAGE AT CORAM, LLC,
Third-Party Plaintiff,
-against-
LAWN RAIDERS, INC.,
Third-Party Defendant.
——————————————————————X
Defendant, LAWN RAIDERS, INC., by its attorneys, GOETZ SCHENKER BLEE &
WIEDERHORN, as and for its answer to the Plaintiff’s Amended Complaint, respectfully
alleges:
1. Denies knowledge and information sufficient to form a belief as to those
allegations set forth in paragraphs numbered FIRST, SECOND, THIRD, FOURTH, FIFTH,
SIXTH, SEVENTH, EIGHTH, NINTH, TENTH, ELEVENTH, TWELFTH, THIRTEENTH,
THIRTEENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH, SEVENTEENTH, and
EIGHTEENTH, and defers all matters of law to this Court.
2. Denies those allegations set forth in paragraphs numbered NINETEENTH and
TWENTIETH, as against this answering Defendant, and denies knowledge or information
sufficient to form a belief as to the truth of the remaining allegations, and defers all matters of
law to this Court.
3. Denies those allegations set forth in paragraphs numbered TWENTY-FIRST and
TWENTY-SECOND, and defers all matters of law to this Court.
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4. Defendant repeats and reiterates each and every denial heretofore made in this
Answer to the paragraphs of the complaint designated FIRST through TWENTY-SECOND
inclusive, with the same force and effect as if set forth here more particularly at length, all in
response to the paragraph of the Complaint designated TWENTY-THIRD.
5. Denies each and every allegation set forth in the paragraphs numbered TWENTY-
FOURTH, TWENTY-FIFTH, and TWENTY-SIXTH, except admits that LAWN RAIDERS,
INC. conducted business in the State of New York, and defers all matters of law to this Court.
6. Denies knowledge and information sufficient to form a belief as to those
allegations set forth in paragraphs numbered TWENTY-SEVENTH, TWENTY-EIGHTH,
TWENTY-NINTH, THIRTIEETH, THIRTY-FIRST, THIRTY-SECOND, THIRTY-THIRD,
and, THIRTY-EIGHTH, and defers all matters of law to this Court.
7. Denies those allegations set forth in paragraphs numbered THIRTY-FOURTH,
THIRTY-FIFTH, THIRTY-SIXTH, and THIRTY-SEVENTH, and defers all matters of law to
this Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
8. Pursuant to CPLR Article 16, the liability of Defendant to the plaintiff herein for
non-economic loss is limited to Defendant’s equitable share determined in accordance with the
relative culpability of each person causing or contributing to the total liability for non-economic
loss.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. Plaintiff has recovered the costs of medical care, dental care, custodial care,
rehabilitation services, loss of earnings and other economical loss and any future such loss or
expense will, with reasonable certainty, be replaced or indemnified in whole or in part from
collateral sources. Any award made to plaintiff shall be reduced in accordance with the provisions
of CPLR 4545(c).
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. The Complaint fails to state a claim.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. Any damages sustained by the plaintiff were caused by the culpable conduct of the
plaintiff, including contributory negligence, assumption of risks, breach of contract and not by the
culpable conduct or negligence of this answering Defendant. But if a verdict of judgment is
awarded to the plaintiff, then and in that event the damages shall be reduced in the proportion which
the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the
damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. The Plaintiff’s Complaint should be dismissed since the claims against Defendant
are frivolous; and costs and attorneys’ fees should be awarded to Defendant pursuant to CPLR
§8303-a.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. Defendant not being fully advised as to all the facts and circumstances surrounding
the incident complained of, hereby asserts and reserves unto itself the defenses of accord and
satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in
bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant,
laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and
any other matter constituting an avoidance or affirmative defense which the further investigation of
this matter may prove applicable herein.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. Whatever injuries and/or damages sustained by the plaintiff at the time and place
alleged in the Complaint were due to the acts of parties over whom this Defendant was not
obligated to exercise any control or supervision.
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AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
15. Plaintiff failed to mitigate damages.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
16. That the plaintiff could with due diligence have obtained personal jurisdiction over
tortfeasors not made parties to this lawsuit and thus the culpability of such missing or absent
tortfeasors is to be apportioned into the total culpability allegedly causing the subject occurrence.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
17. That by entering into the activity in which the plaintiff was engaged at the time of
the occurrence set forth in the complaint, said plaintiff knew the hazards thereof and the inherent
risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and
damages were sustained by the plaintiff herein as alleged in the complaint arose from and were
caused by reason of such risks voluntarily undertaken by the plaintiff in her activities and such risks
were assumed and accepted by her in performing and engaging in said activities.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
18. Defendant did not have actual and/or constructive notice of an alleged defective
condition.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
19. The alleged defect which plaintiff claims caused her accident was de minimus and
therefore not actionable as a matter of law.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
20. The alleged defective condition was open and obvious.
AS AND FOR A FOURTEENETHAFFIRMATIVE DEFENSE
21. Defendant did not owe a duty to the plaintiff.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
22. Plaintiff’s claims are barred as plaintiff’s actions are/were the sole proximate cause
of the accident.
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AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
23. Defendant had no duty to plaintiff as there was a storm in progress at the time of the
alleged subject accident.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
24. The injuries, losses, damages, and occurrences alleged in the Complaint were the
result of an independent and intervening cause, or causes, over which this answering Defendant had
no control or right of control and in no way participated.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
25. Plaintiff’s claims are barred to the extent that they destroyed evidence necessary for
the fair defense of the claims asserted.
AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT,
FAIRFIELD VILLAGE AT CORAM, LLC
That if Plaintiff was caused to sustain damages by reason of the claims set forth in the
complaint, all of which are specifically denied, such damages were sustained by reason of the
acts, conduct, misfeasance or nonfeasance, of co-defendant, FAIRFIELD VILLAGE AT
CORAM, LLC, their agents, servants and/or employees, and not by this answering Defendant,
and if any judgment is recovered by Plaintiff against this answering Defendant, such Defendant
will be damaged thereby, and co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, is or
will be responsible therefore in whole or in part.
AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT,
FAIRFIELD VILLAGE AT CORAM, LLC
That if plaintiff was caused to sustain damages by reason of the claims set forth in the
complaint, all of which are specifically denied, and if any judgment is recovered by the plaintiff
against this answering Defendant, that under a contract entered into between the parties or by
reason of express or implied warranty, the co-defendant, FAIRFIELD VILLAGE AT CORAM,
LLC, will be liable over to this answering Defendant pursuant to the terms of the indemnity
agreement in said contract or warranty, for the full amount of any verdict or judgment awarded
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to the plaintiff against this answering Defendant, together with attorneys’ fees, costs and
disbursements.
AS AND FOR A THIRD CROSS-CLAIM AGAINST DEFENDANT
FAIRFIELD VILLAGE AT CORAM, LLC
Prior to the date of the accident, the co-defendant, FAIRFIELD VILLAGE AT CORAM,
LLC, entered into an agreement with Defendant herein. That in said agreement, co-defendant,
FAIRFIELD VILLAGE AT CORAM, LLC, agreed to indemnify and hold this Defendant
harmless from and against any and all claims and demands for, or in connection with any action,
injury or demand whatsoever concerning any person or property. That said agreement was in
full force and effect on the date of the accident as alleged in plaintiff's complaint. That this
Defendant is entitled to be indemnified by reason of a breach of contract and/or common law
indemnity and held harmless by the co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC,
for the claim and suit of the plaintiff herein.
AS AND FOR A FOURTH CROSS-CLAIM AGAINST DEFENDANT,
FAIRFIELD VILLAGE AT CORAM, LLC
Prior to the date of the accident, co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC,
entered into an agreement with Defendant herein. That in said agreement, co-defendant,
FAIRFIELD VILLAGE AT CORAM, LLC, agreed to procure insurance and to name this
Defendant as an additional insured on that policy against any and all claims and demands for, or in
connection with, any action, injury or demand whatsoever concerning any person or property. That
said agreement was in full force and effect on the date of the accident as alleged in plaintiff’s
complaint. That this Defendant is entitled to insurance coverage and additional insured status by
reason of the contract entered into between the parties herein.
WHEREFORE, Defendant, LAWN RAIDERS, INC., demands judgment dismissing the
Complaint herein together with the costs and disbursements of this action.
Dated: New York, New York
February 8, 2022
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Attorneys for Defendant
LAWN RAIDERS, INC.
101 Greenwich Street, 20th Floor
New York, New York 10006
(212) 363-6900
Our File No.: 18350-BEAR
TO:
Steven J. Palermo, Esq.
PALERMO LAW, P.L.L.C.
Attorneys for Plaintiff
1300 Veterans Memorial Highway, Suite 320
Hauppauge, NY 11788
(631) 265-1051
Steven@palermolawyers.com
Michael Feiner, Esq.
BRODY, O’CONNOR & O’CONNOR, ESQS.
Attorneys for Defendant
FAIRFIELD VILLAGE AT CORAM, LLC.
7 Bayview Avenue
Northport, NY 11768
(631) 261-7778
File No.: GN 21-403
michael.feiner@brodyoconnor.com
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STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
LISA R. KRAMER, being duly sworn, deposes and says:
That she is the attorney for Defendant, LAWN RAIDERS, INC., in the within action; that she
has read the within Answer and knows the contents thereof, and that same is true to her own
knowledge, except and to the matters herein stated to be alleged upon information and belief, and
that as to those matters she believes it to be true.
That the sources of her information and knowledge are investigation and records on file.
That the reason this verification is being made by deponent and not by Defendant is that the
defendant is not within the county where deponent has her office.
Dated: New York, New York
February 8, 2022
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
Elizabeth Santos, being duly sworn, deposes and says:
That I am not a party to the within action, am over 18 years of age and reside in Perth Amboy, New
Jersey.
That on February 8, 2022, deponent served the within VERIFIED ANSWER TO AMENDED
COMPLAINT upon the attorneys and parties listed below by electronic filing via NYSCEF and by
e-mail within the State of New York:
TO: Steven J. Palermo, Esq.
PALERMO LAW, P.L.L.C.
Attorneys for Plaintiff
1300 Veterans Memorial Highway, Suite 320
Hauppauge, NY 11788
(631) 265-1051
Steven@palermolawyers.com
Michael Feiner, Esq.
BRODY, O’CONNOR & O’CONNOR, ESQS.
Attorneys for Defendant
FAIRFIELD VILLAGE AT CORAM, LLC.
7 Bayview Avenue
Northport, NY 11768
(631) 261-7778
File No.: GN 21-403
michael.feiner@brodyoconnor.com
Sworn to before me this
8th day of February, 2022.
LISA RENEE KRAMER
Notary Public, State of New York
No. 02KR6069436
Qualified in Nassau County
Commission Expires February 4, 2026
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Preview
FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ——————————————————————X MELINDA ANKUM, Index No.: 603197/2021 Plaintiff, -against- VERIFIED ANSWER TO AMENDED COMPLAINT FAIRFIELD VILLAGE AT CORAM, LLC, AND LAWN RAIDERS, INC., Defendants. ——————————————————————X FAIRFIELD VILLAGE AT CORAM, LLC, Third-Party Plaintiff, -against- LAWN RAIDERS, INC., Third-Party Defendant. ——————————————————————X Defendant, LAWN RAIDERS, INC., by its attorneys, GOETZ SCHENKER BLEE & WIEDERHORN, as and for its answer to the Plaintiff’s Amended Complaint, respectfully alleges: 1. Denies knowledge and information sufficient to form a belief as to those allegations set forth in paragraphs numbered FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH, TENTH, ELEVENTH, TWELFTH, THIRTEENTH, THIRTEENTH, FOURTEENTH, FIFTEENTH, SIXTEENTH, SEVENTEENTH, and EIGHTEENTH, and defers all matters of law to this Court. 2. Denies those allegations set forth in paragraphs numbered NINETEENTH and TWENTIETH, as against this answering Defendant, and denies knowledge or information sufficient to form a belief as to the truth of the remaining allegations, and defers all matters of law to this Court. 3. Denies those allegations set forth in paragraphs numbered TWENTY-FIRST and TWENTY-SECOND, and defers all matters of law to this Court. 1 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 4. Defendant repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the complaint designated FIRST through TWENTY-SECOND inclusive, with the same force and effect as if set forth here more particularly at length, all in response to the paragraph of the Complaint designated TWENTY-THIRD. 5. Denies each and every allegation set forth in the paragraphs numbered TWENTY- FOURTH, TWENTY-FIFTH, and TWENTY-SIXTH, except admits that LAWN RAIDERS, INC. conducted business in the State of New York, and defers all matters of law to this Court. 6. Denies knowledge and information sufficient to form a belief as to those allegations set forth in paragraphs numbered TWENTY-SEVENTH, TWENTY-EIGHTH, TWENTY-NINTH, THIRTIEETH, THIRTY-FIRST, THIRTY-SECOND, THIRTY-THIRD, and, THIRTY-EIGHTH, and defers all matters of law to this Court. 7. Denies those allegations set forth in paragraphs numbered THIRTY-FOURTH, THIRTY-FIFTH, THIRTY-SIXTH, and THIRTY-SEVENTH, and defers all matters of law to this Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 8. Pursuant to CPLR Article 16, the liability of Defendant to the plaintiff herein for non-economic loss is limited to Defendant’s equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. Plaintiff has recovered the costs of medical care, dental care, custodial care, rehabilitation services, loss of earnings and other economical loss and any future such loss or expense will, with reasonable certainty, be replaced or indemnified in whole or in part from collateral sources. Any award made to plaintiff shall be reduced in accordance with the provisions of CPLR 4545(c). 2 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. The Complaint fails to state a claim. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. Any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff, including contributory negligence, assumption of risks, breach of contract and not by the culpable conduct or negligence of this answering Defendant. But if a verdict of judgment is awarded to the plaintiff, then and in that event the damages shall be reduced in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. The Plaintiff’s Complaint should be dismissed since the claims against Defendant are frivolous; and costs and attorneys’ fees should be awarded to Defendant pursuant to CPLR §8303-a. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. Defendant not being fully advised as to all the facts and circumstances surrounding the incident complained of, hereby asserts and reserves unto itself the defenses of accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense which the further investigation of this matter may prove applicable herein. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. Whatever injuries and/or damages sustained by the plaintiff at the time and place alleged in the Complaint were due to the acts of parties over whom this Defendant was not obligated to exercise any control or supervision. 3 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 15. Plaintiff failed to mitigate damages. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 16. That the plaintiff could with due diligence have obtained personal jurisdiction over tortfeasors not made parties to this lawsuit and thus the culpability of such missing or absent tortfeasors is to be apportioned into the total culpability allegedly causing the subject occurrence. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 17. That by entering into the activity in which the plaintiff was engaged at the time of the occurrence set forth in the complaint, said plaintiff knew the hazards thereof and the inherent risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained by the plaintiff herein as alleged in the complaint arose from and were caused by reason of such risks voluntarily undertaken by the plaintiff in her activities and such risks were assumed and accepted by her in performing and engaging in said activities. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 18. Defendant did not have actual and/or constructive notice of an alleged defective condition. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 19. The alleged defect which plaintiff claims caused her accident was de minimus and therefore not actionable as a matter of law. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 20. The alleged defective condition was open and obvious. AS AND FOR A FOURTEENETHAFFIRMATIVE DEFENSE 21. Defendant did not owe a duty to the plaintiff. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 22. Plaintiff’s claims are barred as plaintiff’s actions are/were the sole proximate cause of the accident. 4 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 23. Defendant had no duty to plaintiff as there was a storm in progress at the time of the alleged subject accident. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 24. The injuries, losses, damages, and occurrences alleged in the Complaint were the result of an independent and intervening cause, or causes, over which this answering Defendant had no control or right of control and in no way participated. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 25. Plaintiff’s claims are barred to the extent that they destroyed evidence necessary for the fair defense of the claims asserted. AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANT, FAIRFIELD VILLAGE AT CORAM, LLC That if Plaintiff was caused to sustain damages by reason of the claims set forth in the complaint, all of which are specifically denied, such damages were sustained by reason of the acts, conduct, misfeasance or nonfeasance, of co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, their agents, servants and/or employees, and not by this answering Defendant, and if any judgment is recovered by Plaintiff against this answering Defendant, such Defendant will be damaged thereby, and co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, is or will be responsible therefore in whole or in part. AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANT, FAIRFIELD VILLAGE AT CORAM, LLC That if plaintiff was caused to sustain damages by reason of the claims set forth in the complaint, all of which are specifically denied, and if any judgment is recovered by the plaintiff against this answering Defendant, that under a contract entered into between the parties or by reason of express or implied warranty, the co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, will be liable over to this answering Defendant pursuant to the terms of the indemnity agreement in said contract or warranty, for the full amount of any verdict or judgment awarded 5 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 to the plaintiff against this answering Defendant, together with attorneys’ fees, costs and disbursements. AS AND FOR A THIRD CROSS-CLAIM AGAINST DEFENDANT FAIRFIELD VILLAGE AT CORAM, LLC Prior to the date of the accident, the co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, entered into an agreement with Defendant herein. That in said agreement, co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, agreed to indemnify and hold this Defendant harmless from and against any and all claims and demands for, or in connection with any action, injury or demand whatsoever concerning any person or property. That said agreement was in full force and effect on the date of the accident as alleged in plaintiff's complaint. That this Defendant is entitled to be indemnified by reason of a breach of contract and/or common law indemnity and held harmless by the co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, for the claim and suit of the plaintiff herein. AS AND FOR A FOURTH CROSS-CLAIM AGAINST DEFENDANT, FAIRFIELD VILLAGE AT CORAM, LLC Prior to the date of the accident, co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, entered into an agreement with Defendant herein. That in said agreement, co-defendant, FAIRFIELD VILLAGE AT CORAM, LLC, agreed to procure insurance and to name this Defendant as an additional insured on that policy against any and all claims and demands for, or in connection with, any action, injury or demand whatsoever concerning any person or property. That said agreement was in full force and effect on the date of the accident as alleged in plaintiff’s complaint. That this Defendant is entitled to insurance coverage and additional insured status by reason of the contract entered into between the parties herein. WHEREFORE, Defendant, LAWN RAIDERS, INC., demands judgment dismissing the Complaint herein together with the costs and disbursements of this action. Dated: New York, New York February 8, 2022 6 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 Attorneys for Defendant LAWN RAIDERS, INC. 101 Greenwich Street, 20th Floor New York, New York 10006 (212) 363-6900 Our File No.: 18350-BEAR TO: Steven J. Palermo, Esq. PALERMO LAW, P.L.L.C. Attorneys for Plaintiff 1300 Veterans Memorial Highway, Suite 320 Hauppauge, NY 11788 (631) 265-1051 Steven@palermolawyers.com Michael Feiner, Esq. BRODY, O’CONNOR & O’CONNOR, ESQS. Attorneys for Defendant FAIRFIELD VILLAGE AT CORAM, LLC. 7 Bayview Avenue Northport, NY 11768 (631) 261-7778 File No.: GN 21-403 michael.feiner@brodyoconnor.com 7 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) LISA R. KRAMER, being duly sworn, deposes and says: That she is the attorney for Defendant, LAWN RAIDERS, INC., in the within action; that she has read the within Answer and knows the contents thereof, and that same is true to her own knowledge, except and to the matters herein stated to be alleged upon information and belief, and that as to those matters she believes it to be true. That the sources of her information and knowledge are investigation and records on file. That the reason this verification is being made by deponent and not by Defendant is that the defendant is not within the county where deponent has her office. Dated: New York, New York February 8, 2022 8 of 9 FILED: SUFFOLK COUNTY CLERK 09/18/2023 02/08/2022 04:21 02:21 PM INDEX NO. 603197/2021 NYSCEF DOC. NO. 48 34 RECEIVED NYSCEF: 09/18/2023 02/08/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Elizabeth Santos, being duly sworn, deposes and says: That I am not a party to the within action, am over 18 years of age and reside in Perth Amboy, New Jersey. That on February 8, 2022, deponent served the within VERIFIED ANSWER TO AMENDED COMPLAINT upon the attorneys and parties listed below by electronic filing via NYSCEF and by e-mail within the State of New York: TO: Steven J. Palermo, Esq. PALERMO LAW, P.L.L.C. Attorneys for Plaintiff 1300 Veterans Memorial Highway, Suite 320 Hauppauge, NY 11788 (631) 265-1051 Steven@palermolawyers.com Michael Feiner, Esq. BRODY, O’CONNOR & O’CONNOR, ESQS. Attorneys for Defendant FAIRFIELD VILLAGE AT CORAM, LLC. 7 Bayview Avenue Northport, NY 11768 (631) 261-7778 File No.: GN 21-403 michael.feiner@brodyoconnor.com Sworn to before me this 8th day of February, 2022. LISA RENEE KRAMER Notary Public, State of New York No. 02KR6069436 Qualified in Nassau County Commission Expires February 4, 2026 9 of 9