Answer: Lesly Saintille, Kimberlie Desmangles v. Cesar Antonio Osorio Cerrato, Robensen Celestin, Nilt Inc. Trustee, Madell Celestin

On June 27, 2023 a Answer was filed involving a dispute between Kimberlie Desmangles, Lesly Saintille, and Cesar Antonio Osorio Cerrato, Madell Celestin, Nilt Inc. Trustee, Robensen Celestin, for Torts - Motor Vehicle in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 07/24/2023 04:15 PM INDEX NO. 610127/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/24/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
LESLY SAINTILLE AND Index No.: 610127/2023
KIMBERLIE DESMANGLES,

Plaintiffs,
ANSWER TO COMPLAINT
-against-

CESAR ANTONIO OSORIO CERRATO,
ROBENSEN CELESTIN, NILT INC. TRUSTEE
and MADELL CELESTIN,

Defendants.

Defendant, Nissan-Infiniti LT LLC (“N-I LLC”) formerly known as NILT, Inc.

i/s/h/a “NILT Inc. Trustee” by its attorneys, London Fischer LLP, as and for its Answer to the

Complaint, alleges, upon information and belief, as follows:

1. Denies having knowledge or information sufficient to form a belief as to the

allegations contained in paragraphs “1”, “2”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “14”, “15” and

16” of the Complaint.

2. Denies each and every allegation contained in paragraph “3” of the

Complaint, except admits that “N-I LLC” is authorized to do business in the State of New York.

3. Denies having knowledge or information sufficient to form a belief as to the

allegations contained in paragraphs “4” and 5” of the Complaint, on the grounds that the pleading

lacks sufficient identifying information to permit this defendant to plead otherwise.

4. Denies having knowledge or information sufficient to form a belief as to the

allegations contained in paragraph “11” of the Complaint, except denies that defendant, Cesar

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Antonio Osorio Cerrato operated the vehicle identified in this pleading with the “knowledge and

consent” of N-I LLC.

5. Denies each and every allegation contained in paragraphs “17”, “19” and

“21” of the Complaint.

6. Denies each and every allegation contained in paragraphs “18” and “20” of

the Complaint, and respectfully refers all questions of law to the Court.

AS AND FOR AN ANSWER TO THE
SECOND CAUSE OF ACTION

As and for an answer to Paragraph “Second #17” of the Complaint, defendant,

Nissan-Infiniti LT LLC (“N-I LLC”) repeats, reiterates and realleges each and every admission,

denial and other response set forth in paragraphs “1” through “6” of this Answer as though each

were more fully set forth at length herein.

99
7. Denies each and every allegation contained in paragraphs “Second #18

and “Second #20” of the Complaint, and respectfully refers all questions of law to the Court.

8. Denies each and every allegation contained in paragraphs “Second #19”

and “Second #21” of the Complaint.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

9. The accident complained of was caused in whole or in part by the culpable

conduct attributable to the plaintiffs, including comparative fault and/or assumption of risk.

10. Plaintiffs should be barred from recovery by reason of the fact that the

subject accident was entirely the result of the culpable conduct and/or assumption of risk on the

part of the plaintiffs, or, in the event that plaintiffs are entitled to recover, the amount of damages

otherwise should be diminished in the proportion to which the culpable conduct and/or assumption

of risk attributable to plaintiffs bear to the culpable conduct which caused the damages.
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE

11. Upon information and belief, any damages sustained by plaintiffs, as alleged

in the Complaint, were caused by parties other than N-I LLC.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

12. Any amount that may be awarded to plaintiffs as against N-I LLC must be

reduced by the amount received from or indemnified by any collateral source pursuant to CPLR

§4545(c).

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

13. In the event that any person or entity liable or claimed to be liable for the injury

alleged in this action has been given or may hereafter be given a release or covenant not to sue, N-I

LLC. will be entitled to protection under General Obligation Law §15-108 and the corresponding

reduction of any damages which may be determined to be due against N-I LLC.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

14. As against N-I LLC this action is barred by federal preemption pursuant to 49

U.S.C. §30106.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

15. Plaintiffs did not sustain a serious injury as defined by §5102(d) of the

Insurance Law of the State of New York.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

16. That the liability of this answering defendant, if any, is limited to the

percentage of culpability found against it by virtue of the fault of the other parties (both named and

unnamed) and in accordance with the laws of the State of New York.

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AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE

17. Plaintiffs’ Complaint fails to state a cause of action as against N-I LLC.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE

18. Upon information and belief, plaintiffs either failed to use, failed to use

properly, or misused the available seat belts or other applicable safety devices, as a result of which

plaintiffs’ injuries were either sustained and/or aggravated.

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

19. Plaintiffs failed to mitigate their damages.

AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE

20. The action as against N-I LLC is barred on the grounds that the operator of

the vehicle allegedly owned by N-I LLC was faced with an emergency situation and acted as a

reasonably prudent person at the time of this unavoidable accident.

AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE

21. The operator of the vehicle allegedly owned by this answering defendant

did not have N-I LLC’s permission or consent to operate the vehicle.

AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE

22. The Court lacks jurisdiction over this Answering Defendant due to

improper service of process and failure to comply with condition precedent.

AS AND FOR A CROSS-CLAIM AGAINST CODEFENDANT
CESAR ANTONIO OSORIO CERRATO

1. Upon information and belief, that if and in the event Plaintiffs sustained any

damages as alleged in the Complaint, all of which is denied by this answering defendant, said

damages were caused by the negligence, culpable conduct and/or wrongful acts of the codefendant,

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CESAR ANTONIO OSORIO CERRATO, his agents, servants and/or employees, and not through

any negligence, culpable or wrongful conduct on the part of this answering Defendant, its agents,

servants, and/or employees.

2. By reason of the foregoing, this Answering Defendant is entitled to

indemnity and/or contribution from, and to judgment over and against codefendant, CESAR

ANTONIO OSORIO CERRATO for indemnification, or for contribution in the amount of the

excess paid by this answering Defendant over and above its equitable share of the judgment,

verdict and/or recovery, as determined in accordance with the relative culpability of each party

liable for contribution.

WHEREFORE, this answering Defendant hereby demands judgment dismissing

the Complaint herein, and, alternatively, demands judgment against codefendant, CESAR

ANTONIO OSORIO CERRATO on the cross-claim for indemnification or for contribution in the

amount of the excess paid by this answering Defendant over and above its equitable share of the

judgment, verdict and/or recovery, as determined in accordance with the relative culpability of

each party liable for contribution, 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 and proper.

Dated: New York, New York
July 24, 2023 LONDON FISCHER LLP

By:
C
Clifford B. Aaron
Attorneys for Defendant
Nissan-Infiniti LT LLC ("N-I LLC”)
59 Maiden Lane, 39th Floor
New York, New York 10038
(212) 972-1000

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TO: CAMMARASANA & BILELLO, ESQS.
By: Charles J. Bilello, Esq.
Attorneys for Plaintiffs
Lesly Saintille and
Kimberlie Desmangles
250 Mineola Boulevard, 2nd Floor
Mineola, New York, 11501
(516)746-6066

CESAR ANTONIO OSORIO CERRATO
Defendant
61 Grange Street
Franklin Square, New York 11010

ROBENSEN CELESTIN
Defendant
112 Florence Avenue
Hempstead, New York 11550

MADELL CELESTIN
Defendant
112 Florence Avenue
Hempstead, New York 11550

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119.0567543

AFFIRMATION OF SERVICE VIA ELECTRONIC FILING

STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )

Alisia A. LoSardo, being duly sworn, deposes and says:

Deponent is not a party to the action, is over 18 years of age, and resides at New
York, New York.

That on the 24th day of July, 2023, deponent served the within ANSWER TO
COMPLAINT upon:

CAMMARASANA & BILELLO, ESQS.
By: Charles J. Bilello, Esq.
Attorneys for Plaintiffs
Lesly Saintille and
Kimberlie Desmangles
250 Mineola Boulevard, 2nd Floor
Mineola, New York, 11501
(516)746-6066

the attorneys for the respective parties at the above addresses designated by said attorneys for
that purpose, via Electronic Case Filing.

Alisia A. LoSardo

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AFFIDAVIT OF SERVICE VIA REGULAR MAIL

STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK)

INGRID QUAMINA, being duly sworn, deposes and says:

Deponent is not a party to the action, is over 18 years of age, and resides in Brooklyn, New York.
That on the 24th day of July, 2023, deponent served the within ANSWER TO COMPLAINT
upon:

CAMMARASANA & BILELLO, ESQS.
By: Charles J. Bilello, Esq.
Attorneys for Plaintiffs
Lesly Saintille and
Kimberlie Desmangles
250 Mineola Boulevard, 2nd Floor
Mineola, New York, 11501
(516)746-6066

CESAR ANTONIO OSORIO CERRATO
Defendant
61 Grange Street
Franklin Square, New York 11010

ROBENSEN CELESTIN
Defendant
112 Florence Avenue
Hempstead, New York 11550

MADELL CELESTIN
Defendant
112 Florence Avenue
Hempstead, New York 11550

the attorneys for the respective parties in this action, at the above addresses designated by said attorneys
for that purpose, depositing true copies of same in post-paid, properly addressed wrappers in an official
depository under the exclusive care and custody of the United States Postal Service within the State of
New York.

St uCuuyiau
INGRID UAMINA
Sworn to b re n this
24th day of Nly, 202
/ ____ __ /N /
_((BNN \ Notaix Public
BRENNA SANABRIA
Notary Public, State of New York
No. 01SA6259534
Qualified in Kings County , d
Commission Expires April 16, 20 ^

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Case Info

Judge

James Mccormack Track Judge’s New Case

Case No.

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Document Filed Date

July 24, 2023

Case Filing Date

June 27, 2023

County

Parties

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