Answer: Hussein Badr v. Jean Bouloute, Adt Security Services Inc., Gelco Fleet Trust

On May 30, 2023 a Answer was filed involving a dispute between Hussein Badr, and Adt Security Services Inc., Gelco Fleet Trust, Jean Bouloute, for Torts - Motor Vehicle in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/20/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

HUSSEIN BADR, Index No. 515722/2023

Plaintiff,
DEFENDANTS JEAN
-against- BOULOUTE, ADT LLC, AND
GELCO FLEET TRUST’S
JEAN BOULOUTE, ADT SECURITY SERVICES INC., ANSWER TO PLAINTIFF’S
and GELCO FLEET TRUST, VERIFIED COMPLAINT WITH
AFFIRMATIVE DEFENSES
Defendants.

The Defendants JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY

SERIVCES INC.), and GELCO FLEET TRUST, (“Defendants”), by and through their attorneys

of record GOLDBERG SEGALLA LLP, make their response to the Verified Complaint interposed

by Plaintiff herein and state as follows:

Defendants deny each and every allegation of the Verified Complaint except those

allegations expressly admitted or otherwise qualified herein.

AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, HUSSEIN BADR

1. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 1 and, therefore, deny the same.

2. Defendants state the allegations contained in paragraph 2 are true.

3. Defendants deny the allegations contained in paragraph 3.

4. Defendants state the allegations contained in paragraph 4 are true.

5. Defendants deny the allegations contained in paragraph 5.

6. Defendants state the allegations contained in paragraph 6 are true.

7. Defendants state the allegations contained in paragraph 7 are true.

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8. Defendants deny the allegations contained in paragraph 8 relating to “substantial

revenue" on the grounds that the allegations are vague and ambiguous but, further answering,

defendants acknowledge it derived revenue from goods used and services rendered in the State of

New York.

9. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 9 and, therefore, deny the same.

10. Defendants deny the allegations contained in paragraph 10.

11. Defendants state the allegations contained in paragraph 11 are true.

12. Defendants deny the allegations contained in paragraph 12.

13. Defendants state the allegations contained in paragraph 13 are true.

14. Defendants state the allegations contained in paragraph 14 are true.

15. Defendants deny the allegations contained in paragraph 15 relating to “substantial

revenue" on the grounds that the allegations are vague and ambiguous but, further answering,

defendants acknowledge it derived revenue from goods used and services rendered in the State of

New York.

16. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 16 and, therefore, deny the same.

17. Defendants deny the allegations contained in paragraph 17.

18. Defendants deny the allegations contained in paragraph 18.

19. Defendants deny the allegations contained in paragraph 19.

20. Defendants deny the allegations contained in paragraph 20.

21. Defendants deny the allegations contained in paragraph 21.

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22. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 22 and, therefore, deny the same.

23. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 23 and, therefore, deny the same.

24. Defendants deny the allegations contained in paragraph 24.

25. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 25 and, therefore, deny the same.

26. Defendants deny the allegations contained in paragraph 26.

27. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 27 and, therefore, deny the same.

28. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 28 and, therefore, deny the same.

29. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 29 and, therefore, deny the same.

30. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 30 and, therefore, deny the same.

31. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 31 and, therefore, deny the same.

32. Defendants deny the allegations contained in paragraph 32.

33. Defendants have insufficient information as to the truth or falsity of the allegations

relative to the license plate number as alleged in paragraph 33 and, therefore, deny the same.

34. Defendants deny the allegations contained in paragraph 34.

35. Defendants deny the allegations contained in paragraph 35.

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36. Defendants deny the allegations contained in paragraph 36.

37. Defendants deny the allegations contained in paragraph 37.

38. Defendants state, upon information and belief, the allegations contained in

paragraph 38 are true.

39. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 39 and, therefore, deny the same.

40. Defendants state, upon information and belief, the allegations contained in

paragraph 40 are true.

41. Defendants deny the allegations contained in paragraph 41.

42. Defendants deny the allegations contained in paragraph 42.

43. Defendants deny the allegations contained in paragraph 43.

44. Defendants deny the allegations contained in paragraph 44.

45. Defendants deny the allegations contained in paragraph 45.

46. Defendants deny the allegations contained in paragraph 46.

47. Defendants deny the allegations contained in paragraph 47.

48. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 48 and, therefore, deny the same.

49. Defendants deny the allegations contained in paragraph 49.

50. Defendants deny the allegations contained in paragraph 50.

51. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 51 and, therefore, deny the same.

52. Defendants deny the allegations contained in paragraph 52.

53. Defendants deny the allegations contained in paragraph 53.

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54. Defendants deny the allegations contained in paragraph 54.

55. Defendants deny the allegations contained in paragraph 55.

56. Defendants deny the allegations contained in paragraph 56.

AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, HUSSEIN BADR

57. Defendants restate and reallege our response to paragraphs 1 through 56 as if fully

set forth herein.

58. Defendants state the allegations contained in paragraph 58 are true.

59. Defendant denies the allegations contained in paragraph 59 on the grounds it is

vague and ambiguous.

60. Defendant denies the allegations contained in paragraph 60 on the grounds it is

vague and ambiguous.

61. Defendant denies the allegations contained in paragraph 61 on the grounds it is

vague and ambiguous.

62. Defendants state the allegations contained in paragraph 62 are true.

63. Defendants state the allegations contained in paragraph 63 are true.

64. Defendants state the allegations contained in paragraph 64 are true.

65. Defendants deny the allegations contained in paragraph 65.

66. Defendants deny the allegations contained in paragraph 66.

67. Defendants deny the allegations contained in paragraph 67.

68. Defendants deny the allegations contained in paragraph 68.

69. Defendants deny the allegations contained in paragraph 69.

70. Defendants deny the allegations contained in paragraph 70.

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71. Defendants deny the allegations contained in paragraph 71.

72. Defendants deny the allegations contained in paragraph 72.

73. Defendants deny the allegations contained in paragraph 73.

74. Defendants deny the allegations contained in paragraph 74.

75. Defendants deny the allegations contained in paragraph 75.

76. Defendants deny the allegations contained in paragraph 76.

77. Defendants deny the allegations contained in paragraph 77.

78. Defendants deny the allegations contained in paragraph 78.

79. Defendants deny the allegations contained in paragraph 79.

80. Defendants deny the allegations contained in paragraph 80.

81. Defendants deny the allegations contained in paragraph 81.

82. Defendants deny the allegations contained in paragraph 82.

83. Defendants deny the allegations contained in paragraph 83.

AS AND FOR A THIRD CAUSE OF ACTION
ON BEHALF OF PLAINTIFF, HUSSEIN BADR

84. Defendants restate and reallege our response to paragraphs 1 through 83 as if fully

set forth herein.

85. Defendants have insufficient information as to the truth or falsity of the allegations

contained in paragraph 85 and, therefore, deny the same.

86. Defendants deny the allegations contained in paragraph 86.

87. Defendants deny the allegations contained in paragraph 87.

88. Defendants deny the allegations contained in paragraph 88.

89. Defendants deny the allegations contained in paragraph 89.

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90. Defendants deny the allegations contained in paragraph 90.

AS AND FOR A FIRST, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

91. The Court lacks jurisdiction over these Defendants due to Plaintiff’s failure to

properly serve them in accordance with the laws of the State of New York.

AS AND FOR A SECOND, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

92. Defendants state that Plaintiff’s cause of action against Defendant GELCO FLEET

TRUST should be barred pursuant to 49 U.S.C. § 30106.

AS AND FOR A THIRD, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

93. The Complaint fails to state a cause of action against these Defendants.

AS AND FOR A FOURTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

94. Plaintiff’s recovery, if any, should be barred or reduced in the proportion that his

culpable conduct, including contributory negligence or assumption of risk, bears to the total

culpable conduct found to have caused the Plaintiff’s damages.

AS AND FOR A FIFTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

95. Plaintiff has failed to mitigate his damages.

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AS AND FOR A SIXTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

96. Upon information and belief, all or part of the costs of Plaintiff’s medical care, loss

of earning, or other economic loss may have been paid, replaced, or indemnified in whole or in

part from collateral sources, or with reasonable certainty, will be replaced or indemnified in the

future from such collateral sources. To that extent, Defendants request that in the event that the

Plaintiff recovers any judgment, such amounts that have been or may be recovered in whole or in

part from collateral sources be determined by the Court and that the amount of Plaintiff’s

recoveries be reduced by this amount.

AS AND FOR A SEVENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

97. Defendants state Plaintiff’s claims are barred based on previous Accord and

Satisfaction.

AS AND FOR AN EIGHTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

98. Defendants state that the negligence of other persons or entities, over whom these

Defendants have no control, was the sole, proximate and/or contributing cause of Plaintiff’s

damages, if any.

AS AND FOR A NINTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

99. The limited liability provisions of Article 16 of the CPLR are applicable.

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AS AND FOR A TENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

100. Plaintiff’s recoveries, if any, are limited and/or barred by the provisions set forth in

NY Insurance Law § 5104.

AS AND FOR AN ELEVENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

101. The Plaintiff did not sustain serious injuries as defined by Section 5102 of the

Insurance Law of the State of New York.

AS AND FOR A TWELVTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

102. That the injuries and damages to Plaintiff were caused in whole or in part or were

contributed to by the culpable conduct and want of care on the part of Plaintiff and any such alleged

damages should be fully or partially diminished by culpable conduct and want of care of the

Plaintiff pursuant to CPLR Article 14 and 14-A.

AS AND FOR A THIRTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

103. That if Plaintiff shall have a judgment and/or verdict in her favor over and against

these Defendants, the judgement and/or verdict shall precluded, modified, offset and/or reduced

by any and all sums or consideration paid or promised to Plaintiff by any person, corporation or

parties claimed to be liable for the injuries and/or damages alleged in either the Verified Complaint

to the extent of the greater of either sum or consideration paid or promised to Plaintiff or in the

amount of the released tortfeasor’s equitable share of the liability and the damages in accordance

with Article 15 of the General Obligations Law §§ 15-105 and 15-108.

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AS AND FOR A FOURTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

104. Defendants did not owe the Plaintiff a duty, either under the common laws, by

statute, or by contract.

AS AND FOR A FIFTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

105. Defendants did not breach any duties owed to Plaintiff, neither contractually nor by

common law duty, and/or any alleged breach of duty was not the proximate cause of the Plaintiff’s

alleged damages.

AS AND FOR A SIXTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

106. Plaintiff’s alleged damages resulted, in whole or in part, from incidents, accidents,

and/or events, in addition to, or other than the alleged subject incident.

AS AND FOR A SEVENTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

107. Plaintiff was negligent in not wearing a seatbelt, passive restraint or safety harness

at the time of the occurrence and under the applicable law may not recover damages for those

injuries which Plaintiff would not have received if a seatbelt, passive restraint or safety harness

had been worn.

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AS AND FOR AN EIGHTEENTH, SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE, THE
DEFENDANTS STATE AS FOLLOWS

108. Defendants adopt and incorporate by reference as if more fully set forth herein all

defenses raised or asserted by all other Defendants. Defendants reserve the right to amend their

Answer to assert additional affirmative defenses.

WHEREFORE, Defendants JEAN BOULOUTE, ADT LLC (incorrectly named

as ADT SECURITY SERIVCES INC.), and GELCO FLEET TRUST, (“Defendants”), demand

judgment dismissing the Plaintiff’s Verified Complaint in its entirety, with prejudice, and

awarding them their costs and disbursement of this action, together with such other and further

relief as this Court may deem just and proper.

Dated: New York, NY
June 20, 2023 Respectfully submitted,

Abraham D. Leybengrub, Esq.
GOLDBERG SEGALLA LLP
711 3rd Avenue, Suite 1900
New York, NY 10017-4013
Telephone: (646) 292-8785
aleybengrub@goldbergsegalla.com

Attorneys for Defendants,
JEAN BOULOUTE, ADT LLC (incorrectly named
as ADT SECURITY SERIVCES INC.), and
GELCO FLEET TRUST

TO: Nicholas Elefterakis, Esq.
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
T: (212) 532-1116

Attorneys for Plaintiff,
HUSSEIN BADR

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

HUSSEIN BADR,
Index No. 515722/2023
Plaintiff,

-against-

JEAN BOULOUTE, ADT SECURITY SERVICES INC.,
and GELCO FLEET TRUST,

Defendants.

DEFENDANTS JEAN BOULOUTE, ADT LLC, AND GELCO FLEET TRUST’S ANSWER
TO PLAINTIFF’S VERIFIED COMPLAINT WITH AFFIRMATIVE DEFENSES

GOLDBERG SEGALLA, LLP
Attorneys for Defendant
JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and
GELCO FLEET TRUST
711 Third Avenue, Suite 1900
New York, New York 10017
Tel: 646-292-8700
______________________________________________________________________________

TO:
Nicholas Elefterakis, Esq.
ELEFTERAKIS, ELEFTERAKIS &
Attorneys for Plaintiff
HUSSEIN BADR
80 Pine Street, 38th Floor
New York, New York 10005
T: (212) 532-1116

__________________________________________________________________________

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Case Info

Judge

Francois A Rivera Track Judge’s New Case

Case No.

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Document Filed Date

June 20, 2023

Case Filing Date

May 30, 2023

County

Parties

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