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FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
DAN ALBASRY, as Trustee of the Estate of
NEWAL AL SAAD, and FIRAS Index No. 190002/2023
MOHAMMAD,
Plaintiff, DEFENDANT LORNAMEAD, INC.’S
VERIFIED ANSWER TO
-against- PLAINTIFF’S COMPLAINT,
AFFIRMATIVE DEFENSES, CROSS
CLAIMS, AND ANSWERS TO
BARRETTS MINERALS, INC.., et al., CROSS-CLAIMS
Defendants.
X
Defendant LORNAMEAD, INC., sued herein as Lomamead Inc. (Individually and as
successor to Lomamead Acquisitions Ltd. And Lomamead Brands, Inc., d/b/a Yardley of London
a/k/a Yardley) (hereinafter “LORNAMEAD” or “Defendant”), by and through its counsel,
LONDON FISCHER LLP, as and for its answer to Plaintiffs Complaint, states upon information
and belief as follows:
1. LORNAMEAD denies each and every material allegation set forth in Plaintiffs
Complaint, as they pertain to LORNAMEAD, and refers all questions of fact and law to the trier
of fact and this Court.
2. Defendant denies knowledge and information sufficient to form a belief as to the
truth of each and every other allegation contained in Plaintiffs Complaint.
FIRST AFFIRMATIVE DEFENSE
3. The Complaint and each and every purported cause of action or count thereof fails
to state facts sufficient to constitute a cause or causes of action against LORNAMEAD.
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SECOND AFFIRMATIVE DEFENSE
4. The claims are barred by the applicable waiver limitations.
THIRD AFFIRMATIVE DEFENSE
5. The Court has no personal jurisdiction over LORNAMEAD, or over the claims
asserted against LORNAMEAD.
FOURTH AFFIRMATIVE DEFENSE
6. The injuries and/or illnesses, if any, sustained by Plaintiff was caused or contributed
to by the fault, negligence and want of care on the part of Plaintiff or on the part of others for
whose acts or omissions or breach of legal duty LORNAMEAD is not liable.
FIFTH AFFIRMATIVE DEFENSE
7. To the extent that Plaintiff failed and neglected to maintain this action in a swift,
diligent and/or timely fashion, Plaintiffs claims against LORNAMEAD are barred by laches.
SIXTH AFFIRMATIVE DEFENSE
8. The injuries and/or illnesses of Plaintiff, if any, arose in whole or in part, out of the
risks, hazards and dangers incident to the occupations of Plaintiff, all of which were open, obvious
and well known to the Plaintiff, and any claims against Defendant are therefore barred.
SEVENTH AFFIRMATIVE DEFENSE
9. To the extent that the injuries and/or illnesses of Plaintiff, if any, were caused or
contributed to, in whole or in part, by intervening and superseding causative factors, the claims
against LORNAMEAD are barred.
EIGHTH AFFIRMATIVE DEFENSE
10. To the extent that all of the alleged products were modified, altered, or in any way
materially varied, which may be causally related to the claims of Plaintiff, Plaintiff s claims against
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LORNAMEAD are barred.
NINTH AFFIRMATIVE DEFENSE
11. At all times material hereto, the state of the medical and industrial art was such that
there was no generally accepted or recognized knowledge of any unavoidable, unsafe, inherently
dangerous, or hazardous character or nature of asbestos containing material, the existence of any
such asbestos containing product manufactured, sold, or distributed by LORNAMEAD being
expressly denied, when used in the manner and purpose allegedly described by the Plaintiff and,
therefore, there was no duty on the part of LORNAMEAD to know of any such character or nature
or to warn or protect Plaintiff or others similarly situated.
TENTH AFFIRMATIVE DEFENSE
12. To the extent that Plaintiff sustained the alleged injuries and/or illnesses through
any careless, recklessness, acts, omissions, negligence and/or breach of duty and/or warranty
and/or contract of LORNAMEAD, Plaintiff’s claims are barred by the exclusivity of Plaintiff
workers compensation remedy.
ELEVENTH AFFIRMATIVE DEFENSE
13. Plaintiffs claims are barred by reason of the Statute of Frauds.
TWELFTH AFFIRMATIVE DEFENSE
14. Plaintiffs claims are barred by reason of the doctrine waiver.
THIRTEENTH AFFIRMATIVE DEFENSE
15. Plaintiffs claims are barred by reason of the doctrine of estoppel.
FOURTEENTH AFFIRMATIVE DEFENSE
16. To the extent that Plaintiff relies on New York Law L. 1986 C. 682 Section 4 as
grounds for maintaining this action, said section is unconstitutional and this action is time barred.
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FIFTEENTH AFFIRMATIVE DEFENSE
17. Insofar as the claims herein are premised on Plaintiffs claims accruing on or after
September 1, 1975 to recover damages attributable to personal injuries or for indemnification of
such damages, the amount of damages recoverable thereon must be diminished by reason of the
culpable conduct attributable to Plaintiff and/or the other defendants herein, including their
comparative negligence and assumption or risk, in the proportion which the culpable conduct
attributable to Plaintiff bear to the culpable conduct which caused the damages.
SIXTEENTH AFFIRMATIVE DEFENSE
18. This action does not fall within any exception enumerated in N.Y. C.P.L.R. Article
16, and, if liability of this defendant is found to be 50% or less of the total liability assigned to all
persons, the liability of this defendant shall not exceed this defendant's equitable share determined
in accordance with the relative culpability of each person contributing to the total liability for non
economic loss.
SEVENTEENTH AFFIRMATIVE DEFENSE
19. Plaintiffs claims are barred because of Plaintiffs failure to join necessary and
indispensable parties.
EIGHTEENTH AFFIRMATIVE DEFENSE
20. LORNAMEAD is not a party and/or real party in interest in connection with the
claims asserted by Plaintiff.
NINETEENTH AFFIRMATIVE DEFENSE
21. Plaintiff may not bring this action as Plaintiff has failed to exhaust all of their
administrative remedies.
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TWENTIETH AFFIRMATIVE DEFENSE
22. Plaintiff failed to mitigate or otherwise act to lessen or reduce the injuries and
disabilities alleged in the Complaint.
TWENTY-FIRST AFFIRMATIVE DEFENSE
23. Plaintiff contributed to the illnesses, either in whole or in part, by the use of tobacco
products and/or other substances, products, medication and/or drugs.
TWENTY-SECOND AFFIRMATIVE DEFENSE
24. At all times relevant to this litigation, the agents, servants and/or employees of
LORNAMEAD used proper methods in handling the products complained of and conducting its
operations, in conformity with available knowledge, state of the art, and research of the scientific
and industrial communities.
TWENTY-THIRD AFFIRMATIVE DEFENSE
25. The damages allegedly sustained by the Plaintiff were caused, in whole or in part,
through the operation of nature.
TWENTY-FOURTH AFFIRMATIVE DEFENSE
26. To the extent that Plaintiff was exposed to any asbestos product as a result of
conduct by LORNAMEAD, which is denied, said exposure was de minimis and not a substantial
contributing factor to any asbestos-related disease which such Plaintiff may have developed, thus
requiring dismissal of all claims against LORNAMEAD.
TWENTY-FIFTH AFFIRMATIVE DEFENSE
27. Insofar as the Complaint seeks exemplary and/or punitive damages, each such
claim is barred by the due process clauses of the Fourteenth Amendment of the United States
Constitution and the New York State Constitution; by prescription of the Eighth Amendment of
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the Unites States Constitution, as applied to the states through the Fourteenth Amendment and
Article I., Section 5 of the New York State Constitution prohibiting the imposition of excess fines;
and by the double jeopardy clause of the Fifth Amendment of the United States Construction, as
applied to the states through the Fourteenth Amendment, and Article I, Section 6 of the New York
State Constitution.
TWENTY-SIXTH AFFIRMATIVE DEFENSE
28. All defenses which have been or will be asserted by other defendants in this action
are adopted and incorporated by reference as if fully set forth at length herein as defenses of the
Complaint. In addition, LORNAMEAD will rely upon any and all other further defenses which
become available or appear during discovery proceedings in this action and hereby respectfully
reserves the right to amend its answer for the purposes of asserting any such additional defenses.
TWENTY-SEVENTH AFFIRMATIVE DEFENSE
29. If the Plaintiff sustained damages as alleged, such damages occurred while she was
engaged in activities into which she entered, knowing the hazard, risk and danger of the activities,
and Plaintiff assumed the risks incidental and attendant thereto.
TWENTY-EIGHTH AFFIRMATIVE DEFENSE
30. No acts or omissions of LORNAMEAD proximately caused any damages.
TWENTY-NINTH AFFIRMATIVE DEFENSE
31. Any asbestos containing product, the existence of any such product manufactured,
sold, or distributed by LORNAMEAD being expressly denied, that may have been present at the
Plaintiffs job locations was placed in any such locations and/or buildings upon specification,
approval or at the instruction of governmental or legislative agencies or bodies.
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THIRTrETH AFFIRMATIVE DEFENSE
32. LORNAMEAD is not liable to the Plaintiff for the damages alleged in the
Complaint because such damages are excluded and not recoverable under express warranty.
THIRTY-FIRST AFFIRMATIVE DEFENSE
33. LORNAMEAD denies manufacturing, selling, or distributing any asbestos or
asbestos containing products. LORNAMEAD further denies liability for any entity that might
have manufactured, sold, or distributed asbestos or asbestos containing products to which the
Plaintiff claims exposure. Accordingly, LORNAMEAD further denies that the asbestos products
alleged in the Complaint are products within the meaning and scope of the Restatement (Second)
of Torts 402A and, as such, the Complaint fails to state a cause of action in strict products liability.
THIRTY-SECOND AFFIRMATIVE DEFENSE
34. Because LORNAMEAD did not manufacture, sell or distribute asbestos or any
risks associated with asbestos and/or asbestos-containing products, the existence of any such
products having been manufactured sold or distributed by LORNAMEAD, being expressly denied,
at any time during the periods complained of.
THIRTY-THIRD AFFIRMATIVE DEFENSE
35. Exposure to asbestos fibers attributable to LORNAMEAD, the existence of any
such asbestos containing products having been manufactured sold or distributed by
LORNAMEAD, being expressly denied, is so minimal so as to be insufficient to establish a
reasonable degree of probability that the products are capable of causing injury or damages and
must be considered speculative as a matter of law.
THIRTY-FOURTH AFFIRMATIVE DEFENSE
36. If LORNAMEAD was on notice of any hazard or defect for which the Plaintiff
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seeks relief, which LORNAMEAD denies, Plaintiff also had such notice and are thereby barred
from any recovery.
THIRTY-FIFTH AFFIRMATIVE DEFENSE
37. There is no justiciable issue or controversy.
THIRTY-SIXTH AFFIRMATIVE DEFENSE
38. The claims for damages have not accrued and are merely speculative, uncertain and
contingent.
THIRTY-SEVENTH AFFIRMATIVE DEFENSE
39. The Plaintiff has acted voluntarily, unnecessarily, prematurely and with no
evidence of injury to anyone at any job locations.
THIRTY-EIGHTH AFFIRMATIVE DEFENSE
40. None of the alleged injuries or damages were foreseeable at the time of the acts or
omissions alleged in the Complaint.
THIRTY-NINTH AFFIRMATIVE DEFENSE
41. The Plaintiff was warned of the risk of exposure to use of asbestos-containing
materials, the existence of any such asbestos-containing products having been manufactured sold
or distributed by LORNAMEAD, being expressly denied.
FORTIETH AFFIRMATIVE DEFENSE
42. The Plaintiffs cause of action for exemplary or punitive damages is barred because
such damages are not recoverable or warranted in this action.
FORTY-FIRST AFFIRMATIVE DEFENSE
43. The Plaintiffs demand for punitive damages is/are barred by the ex post facto
clause of the United States Constitution.
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FORTY-SECOND AFFIRMATIVE DEFENSE
44. At all times relevant to this litigation, LORNAMEAD complied with all applicable
laws, regulations and standards.
FORTY-THIRD AFFIRMATIVE DEFENSE
45. Some or all of the causes of action may not be maintained because of collateral
estoppel.
FORTY-FOURTH AFFIRMATIVE DEFENSE
46. Any damages which may have been sustained by the Plaintiff were caused and
contributed to by reason of the negligence of the Plaintiff.
FORTY-FIFTH AFFIRMATIVE DEFENSE
47. Any damages which may have been sustained by the Plaintiff were contributed to,
in whole or in part, by the conduct of the Plaintiff.
FORTY-SIXTH AFFIRMATIVE DEFENSE
48. If the Plaintiff sustained injuries in the manner alleged, LORNAMEAD has denied
all of which, the liability of LORNAMEAD, if any, should be limited in accordance with Article
16 of the Civil Practice Law and Rules.
FORTY-SEVENTH AFFIRMATIVE DEFENSE
49. LORNAMEAD denies that the Plaintiff had any exposure to any asbestos product
manufactured, installed, supplied, developed, tested, fashioned, packaged, distributed, delivered,
sold and/or otherwise placed in the stream of commerce, if any, by it, and more particularly, denies
that LORNAMEAD manufactured, installed, supplied, developed, tested, fashioned, packaged,
distributed, delivered sold, and/or otherwise placed in the stream of commerce, any asbestos
product at the time and upon the dates alleged in the Complaint.
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FORTY-EIGHTH AFFIRMATIVE DEFENSE
50. LORNAMEAD had no duty to Plaintiff or has performed each and every duty, if
any, owing to Plaintiff.
FORTY-NINTH AFFIRMATIVE DEFENSE
51. Plaintiff neither used nor was/were exposed to any asbestos-containing product
manufactured, assembled, installed, distributed, sold and/or supplied by LORNAMEAD, the
existence of any such products having been manufactured sold or distributed by LORNAMEAD,
being expressly denied.
FIFTIETH AFFIRMATIVE DEFENSE
52. The provisions of 29 C.F.R, if any, bar the claims of Plaintiff. §1910.1001 (g)(2)
relating to asbestos or the use thereof.
FIFTY-FIRST AFFIRMATIVE DEFENSE
53. LORNAMEAD was never a member of any asbestos trade association and has no
liability or knowledge that might have arisen therefrom.
FIFTY-SECOND AFFIRMATIVE DEFENSE
54. LORNAMEAD did not manufacture, process or produce any asbestos materials
and has no liability that might have arisen therefrom.
FIFTY-THIRD AFFIRMATIVE DEFENSE
55. This action is barred by virtue of the four year Statute of Limitations prescribed by
Section 2-725 of the New York Uniform Commercial Code and other applicable statutes of
limitation; by virtue of the Plaintiffs failure to give requisite notice to LORNAMEAD under
Article 2 of the Uniform Commercial Code, insofar as a cause of action is alleged for breach of
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warranty or warranties, express or implied; as well as by virtue of the absence of privity or of any
contractual relationship between the Plaintiff and LORNAMEAD.
FIFTY-FOURTH AFFIRMATIVE DEFENSE
56. Some or all of the causes of action may not be maintained because of discharge in
bankruptcy.
FIFTY-FIFTH AFFIRMATIVE DEFENSE
57. Some or all of the causes of action may not be maintained because of payment.
FIFTY-SIXTH AFFIRMATIVE DEFENSE
58. Some or all of the causes of action may not be maintained because of release.
FIFTY-SEVENTH AFFIRMATIVE DEFENSE
59. Some or all of the causes of action may not be maintained because of res judicata
and collateral estoppel..
FIFTY-EIGHTH AFFIRMATIVE DEFENSE
60. Plaintiff has failed to plead any basis for claims of misrepresentation, deliberate
concealment or fraud against LORNAMEAD, much less state claims with the specificity
required by the Civil Practice Law and Rules.
FIFTY-NINTH AFFIRMATIVE DEFENSE
61. In the event Plaintiff recovers a verdict or judgment against LORNAMEAD, the
said verdict or judgment must be reduced pursuant to N.Y. C.P.L.R. 4545(c) by those amounts
which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in
part, for any past or future claimed economic source such as insurance, social security, workers'
compensation or employee benefits programs.
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SIXTIETH AFFIRMATIVE DEFENSE
62. LORNAMEAD hereby invokes the provisions of Article 50-B of the Civil Practice
Law and Rules.
SIXTY-FIRST AFFIRMATIVE DEFENSE
63. Plaintiff failed to effectuate proper service of process on LORNAMEAD.
SIXTY-SECOND AFFIRMATIVE DEFENSE
64. The venue of this action is improper.
SIXTY-THIRD AFFIRMATIVE DEFENSE
65. The Court lacks subject matter jurisdiction.
SIXTY-FOURTH AFFIRMATIVE DEFENSE
66. If Plaintiff sustained injuries or losses as alleged in the Complaint, such injuries or
losses resulted from conditions, illnesses, and/or reactions unrelated to the use of the subject
product or products, including, but not limited to, Plaintiff s pre-existing and/or unrelated medical,
genetic, and/or environmental conditions; diseases; illnesses; allergic, idiosyncratic, or idiopathic
reactions; subsequent medical conditions; and/or natural courses of conditions. LORNAMEAD is
not responsible for any injuries or losses resulting from such pre-existing and/or unrelated
conditions, and Plaintiffs damages should be reduced, in whole or in part.
SIXTY-FIFTH AFFIRMATIVE DEFENSE
67. With respect to each and every purported cause of action, the acts of
LORNAMEAD were at all times undertaken in good faith and without malice.
SIXTY-SIXTH AFFIRMATIVE DEFENSE
68. To the extent Plaintiff has settled or will in the future settle with any person or
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entity with respect to the injuries asserted in the Complaint, LORNAMEAD’s liability, if any,
should be precluded or reduced accordingly.
SIXTY-SEVENTH AFFIRMATIVE DEFENSE
69. Plaintiffs recovery, if any, must be diminished in proportion to any culpable
conduct in accordance with New York C.P.L.R. §1411.
SIXTY-EIGHTH AFFIRMATIVE DEFENSE
70. To the extent Plaintiff has or will settle with any defendant or any other person with
respect to the allegations in the Complaint, the liability of LORNAMEAD, if any, shall be reduced
pursuant to § 15-108 of the General Obligations Law.
SIXTY-NINTH AFFIRMATIVE DEFENSE
71. Plaintiff lacks the capacity, standing or authority to bring this action, in whole or in
part.
SEVENTIETH AFFIRMATIVE DEFENSE
72. Joinder of individual Plaintiffs in this action or at trial is improper because they do
not assert any right to relief jointly, severally, or, in the alternative, do not arise out of the same
transaction, occurrence, or series of transactions or occurrences.
SEVENTY-FIRST AFFIRMATIVE DEFENSE
73. Insofar as Plaintiffs claims against LORNAMEAD stem from the alleged
misconduct, negligence or other wrongful act or tort of LORNAMEAD, or any purported corporate
predecessor, affiliate or entity related to LORNAMEAD, Plaintiffs claims are barred because
LORNAMEAD was not responsible for any such acts and LORNAMEAD has no successor
liability with regard to any such entity/entities.
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SEVENTY-SECOND AFFIRMATIVE DEFENSE
74. All defenses which have been or will be asserted by other Defendants in this action
are adopted and incorporated by reference as if fully set forth herein. In addition, LORNAMEAD
will rely upon any and all other further defenses which become available or appear during
discovery in this action and hereby specifically reserves its right to amend its answer for the
purpose of asserting any such additional affirmative defenses.
SEVENTY-THIRD AFFIRMATIVE DEFENSE
75. LORNAMEAD may have one or more defenses founded upon documentary
evidence.
SEVENTY-FOURTH AFFIRMATIVE DEFENSE
76. The Court may not have jurisdiction in the action, to the extent that service was
made under Section 314 or Section 315 of the CPLR.
SEVENTY-FIFTH AFFIRMATIVE DEFENSE
77. This Court is considered a forum non conveniens for LORNAMEAD with respect
to each and every Count contained in Plaintiffs Complaint.
SEVENTY-SIXTH AFFIRMATIVE DEFENSE
78. Plaintiffs claim for premises liability is barred because LORNAMEAD did not
exercise control or supervise Plaintiffs work at any facility.
SEVENTY-SEVENTH AFFIRMATIVE DEFENSE
79. To the extent Plaintiff assert a claim under Sections 240 and/or 241 of the Labor
Law, Plaintiffs claims under Sections 240 and 241 of the Labor law should be dismissed because
LORNAMEAD was not an owner, contractor, or agent of an owner or contractor to which Sections
240 and 241 apply.
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SEVENTY-EIGHTH AFFIRMATIVE DEFENSE
80. This action is barred under the government contractor's defense theory.
AS AND FOR A CROSS-CLAIM
AGAINST EACH OF THE OTHER DEFENDANTS, AS NAMED IN THE COMPLAINT
HEREIN OR ANY AMENDMENT OR SUPPLEMENT HERETO
That if Plaintiff sustained the damages in the manner and at the time and place alleged by
reason other than Plaintiffs own carelessness, recklessness, negligence and/or acts of omission or
commission and if it is found that LORNAMEAD is liable to Plaintiff herein, all of which is
specifically denied, then, LORNAMEAD, on the basis of apportionment of responsibility for the
alleged occurrence, is entitled to indemnification and/or contribution from the co-defendants and
judgment over and against the aforementioned co-defendants, as a result of the carelessness,
recklessness, negligence and/or acts of omission or commission and/or breach of warranty and/or
breach or contract and/or strict or statutory liability of said co-defendants, their agents, servants
and/or employees for all or part of any verdict or judgment that Plaintiff may recover against
LORNAMEAD.
AS AND FOR LORNAMEAD’S RESPONSE TO ALL CROSS-CLAIMS
LORNAMEAD denies any and all cross-claims now or hereafter asserted against
LORNAMEAD; asserts all defenses including those set forth above; and avers that it is not liable
to Plaintiff, to co-defendants, to any third-party defendant or to any others.
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WHEREFORE, the LORNAMEAD demands judgment dismissing Plaintiffs Complaint
against it together with the costs and disbursements of this action, and in the event of any judgment
over and against, LORNAMEAD demands judgment, contribution and/or indemnification, along
with costs and disbursements, including reasonable attorneys' fees.
Dated: New York, New York
March 1,2023
LONDON FISCHER LLP
By: /s/ Erika Muse____________
Erika L. Muse, Esq.
Attorneys for Defendant
LORNAMEAD, INC.
59 Maiden Lane
New York, New York 10038
Tel. (212) 972-1000
To: Darron Berquist, Esq.
LANIER LAW FIRM, PLLC
Attorneys for Plaintiff
126 E. 56th Street, 6th Floor
New York, New York 10022
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VERIFICATION
STATE OF NEW YORK )
: SS:
COUNTY OF NEW YORK )
Erika L. Muse, being duly sworn, deposes and says that I am associated with the law firm
of LONDON FISCHER LLP having an office at 59 Maiden Lane, in the City, County and State
of New York, attorneys for defendant LORNAMEAD, INC., in the within action; that I have read
the foregoing Verified Answer to Plaintiffs Complaint, Cross-Claims and Answer to Cross-
Claims of LORNAMEAD, INC. and know the contents thereof; that the same is true upon
information and belief and I believe it to be true; that the grounds of my belief are public records,
records and documents currently in my possession pertaining to this matter, and conversations
with client’s agents; and that the reason why this verification is made by me and not by said
defendant is that said defendant’s principal place of business is located outside New York County
where LONDON FISCHER LLP, maintains an office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: March 1, 2023
LONDON FISCHER LLP
By: /s/ Erika Muse
Erika L. Muse, Esq.
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FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS Index No. 190002/2023 MOHAMMAD, Plaintiff, DEFENDANT LORNAMEAD, INC.’S VERIFIED ANSWER TO -against- PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES, CROSS CLAIMS, AND ANSWERS TO BARRETTS MINERALS, INC.., et al., CROSS-CLAIMS Defendants. X Defendant LORNAMEAD, INC., sued herein as Lomamead Inc. (Individually and as successor to Lomamead Acquisitions Ltd. And Lomamead Brands, Inc., d/b/a Yardley of London a/k/a Yardley) (hereinafter “LORNAMEAD” or “Defendant”), by and through its counsel, LONDON FISCHER LLP, as and for its answer to Plaintiffs Complaint, states upon information and belief as follows: 1. LORNAMEAD denies each and every material allegation set forth in Plaintiffs Complaint, as they pertain to LORNAMEAD, and refers all questions of fact and law to the trier of fact and this Court. 2. Defendant denies knowledge and information sufficient to form a belief as to the truth of each and every other allegation contained in Plaintiffs Complaint. FIRST AFFIRMATIVE DEFENSE 3. The Complaint and each and every purported cause of action or count thereof fails to state facts sufficient to constitute a cause or causes of action against LORNAMEAD. 1 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 SECOND AFFIRMATIVE DEFENSE 4. The claims are barred by the applicable waiver limitations. THIRD AFFIRMATIVE DEFENSE 5. The Court has no personal jurisdiction over LORNAMEAD, or over the claims asserted against LORNAMEAD. FOURTH AFFIRMATIVE DEFENSE 6. The injuries and/or illnesses, if any, sustained by Plaintiff was caused or contributed to by the fault, negligence and want of care on the part of Plaintiff or on the part of others for whose acts or omissions or breach of legal duty LORNAMEAD is not liable. FIFTH AFFIRMATIVE DEFENSE 7. To the extent that Plaintiff failed and neglected to maintain this action in a swift, diligent and/or timely fashion, Plaintiffs claims against LORNAMEAD are barred by laches. SIXTH AFFIRMATIVE DEFENSE 8. The injuries and/or illnesses of Plaintiff, if any, arose in whole or in part, out of the risks, hazards and dangers incident to the occupations of Plaintiff, all of which were open, obvious and well known to the Plaintiff, and any claims against Defendant are therefore barred. SEVENTH AFFIRMATIVE DEFENSE 9. To the extent that the injuries and/or illnesses of Plaintiff, if any, were caused or contributed to, in whole or in part, by intervening and superseding causative factors, the claims against LORNAMEAD are barred. EIGHTH AFFIRMATIVE DEFENSE 10. To the extent that all of the alleged products were modified, altered, or in any way materially varied, which may be causally related to the claims of Plaintiff, Plaintiff s claims against 2 2 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 LORNAMEAD are barred. NINTH AFFIRMATIVE DEFENSE 11. At all times material hereto, the state of the medical and industrial art was such that there was no generally accepted or recognized knowledge of any unavoidable, unsafe, inherently dangerous, or hazardous character or nature of asbestos containing material, the existence of any such asbestos containing product manufactured, sold, or distributed by LORNAMEAD being expressly denied, when used in the manner and purpose allegedly described by the Plaintiff and, therefore, there was no duty on the part of LORNAMEAD to know of any such character or nature or to warn or protect Plaintiff or others similarly situated. TENTH AFFIRMATIVE DEFENSE 12. To the extent that Plaintiff sustained the alleged injuries and/or illnesses through any careless, recklessness, acts, omissions, negligence and/or breach of duty and/or warranty and/or contract of LORNAMEAD, Plaintiff’s claims are barred by the exclusivity of Plaintiff workers compensation remedy. ELEVENTH AFFIRMATIVE DEFENSE 13. Plaintiffs claims are barred by reason of the Statute of Frauds. TWELFTH AFFIRMATIVE DEFENSE 14. Plaintiffs claims are barred by reason of the doctrine waiver. THIRTEENTH AFFIRMATIVE DEFENSE 15. Plaintiffs claims are barred by reason of the doctrine of estoppel. FOURTEENTH AFFIRMATIVE DEFENSE 16. To the extent that Plaintiff relies on New York Law L. 1986 C. 682 Section 4 as grounds for maintaining this action, said section is unconstitutional and this action is time barred. 3 3 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 FIFTEENTH AFFIRMATIVE DEFENSE 17. Insofar as the claims herein are premised on Plaintiffs claims accruing on or after September 1, 1975 to recover damages attributable to personal injuries or for indemnification of such damages, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to Plaintiff and/or the other defendants herein, including their comparative negligence and assumption or risk, in the proportion which the culpable conduct attributable to Plaintiff bear to the culpable conduct which caused the damages. SIXTEENTH AFFIRMATIVE DEFENSE 18. This action does not fall within any exception enumerated in N.Y. C.P.L.R. Article 16, and, if liability of this defendant is found to be 50% or less of the total liability assigned to all persons, the liability of this defendant shall not exceed this defendant's equitable share determined in accordance with the relative culpability of each person contributing to the total liability for non economic loss. SEVENTEENTH AFFIRMATIVE DEFENSE 19. Plaintiffs claims are barred because of Plaintiffs failure to join necessary and indispensable parties. EIGHTEENTH AFFIRMATIVE DEFENSE 20. LORNAMEAD is not a party and/or real party in interest in connection with the claims asserted by Plaintiff. NINETEENTH AFFIRMATIVE DEFENSE 21. Plaintiff may not bring this action as Plaintiff has failed to exhaust all of their administrative remedies. 4 4 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 TWENTIETH AFFIRMATIVE DEFENSE 22. Plaintiff failed to mitigate or otherwise act to lessen or reduce the injuries and disabilities alleged in the Complaint. TWENTY-FIRST AFFIRMATIVE DEFENSE 23. Plaintiff contributed to the illnesses, either in whole or in part, by the use of tobacco products and/or other substances, products, medication and/or drugs. TWENTY-SECOND AFFIRMATIVE DEFENSE 24. At all times relevant to this litigation, the agents, servants and/or employees of LORNAMEAD used proper methods in handling the products complained of and conducting its operations, in conformity with available knowledge, state of the art, and research of the scientific and industrial communities. TWENTY-THIRD AFFIRMATIVE DEFENSE 25. The damages allegedly sustained by the Plaintiff were caused, in whole or in part, through the operation of nature. TWENTY-FOURTH AFFIRMATIVE DEFENSE 26. To the extent that Plaintiff was exposed to any asbestos product as a result of conduct by LORNAMEAD, which is denied, said exposure was de minimis and not a substantial contributing factor to any asbestos-related disease which such Plaintiff may have developed, thus requiring dismissal of all claims against LORNAMEAD. TWENTY-FIFTH AFFIRMATIVE DEFENSE 27. Insofar as the Complaint seeks exemplary and/or punitive damages, each such claim is barred by the due process clauses of the Fourteenth Amendment of the United States Constitution and the New York State Constitution; by prescription of the Eighth Amendment of 5 5 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 the Unites States Constitution, as applied to the states through the Fourteenth Amendment and Article I., Section 5 of the New York State Constitution prohibiting the imposition of excess fines; and by the double jeopardy clause of the Fifth Amendment of the United States Construction, as applied to the states through the Fourteenth Amendment, and Article I, Section 6 of the New York State Constitution. TWENTY-SIXTH AFFIRMATIVE DEFENSE 28. All defenses which have been or will be asserted by other defendants in this action are adopted and incorporated by reference as if fully set forth at length herein as defenses of the Complaint. In addition, LORNAMEAD will rely upon any and all other further defenses which become available or appear during discovery proceedings in this action and hereby respectfully reserves the right to amend its answer for the purposes of asserting any such additional defenses. TWENTY-SEVENTH AFFIRMATIVE DEFENSE 29. If the Plaintiff sustained damages as alleged, such damages occurred while she was engaged in activities into which she entered, knowing the hazard, risk and danger of the activities, and Plaintiff assumed the risks incidental and attendant thereto. TWENTY-EIGHTH AFFIRMATIVE DEFENSE 30. No acts or omissions of LORNAMEAD proximately caused any damages. TWENTY-NINTH AFFIRMATIVE DEFENSE 31. Any asbestos containing product, the existence of any such product manufactured, sold, or distributed by LORNAMEAD being expressly denied, that may have been present at the Plaintiffs job locations was placed in any such locations and/or buildings upon specification, approval or at the instruction of governmental or legislative agencies or bodies. 6 6 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 THIRTrETH AFFIRMATIVE DEFENSE 32. LORNAMEAD is not liable to the Plaintiff for the damages alleged in the Complaint because such damages are excluded and not recoverable under express warranty. THIRTY-FIRST AFFIRMATIVE DEFENSE 33. LORNAMEAD denies manufacturing, selling, or distributing any asbestos or asbestos containing products. LORNAMEAD further denies liability for any entity that might have manufactured, sold, or distributed asbestos or asbestos containing products to which the Plaintiff claims exposure. Accordingly, LORNAMEAD further denies that the asbestos products alleged in the Complaint are products within the meaning and scope of the Restatement (Second) of Torts 402A and, as such, the Complaint fails to state a cause of action in strict products liability. THIRTY-SECOND AFFIRMATIVE DEFENSE 34. Because LORNAMEAD did not manufacture, sell or distribute asbestos or any risks associated with asbestos and/or asbestos-containing products, the existence of any such products having been manufactured sold or distributed by LORNAMEAD, being expressly denied, at any time during the periods complained of. THIRTY-THIRD AFFIRMATIVE DEFENSE 35. Exposure to asbestos fibers attributable to LORNAMEAD, the existence of any such asbestos containing products having been manufactured sold or distributed by LORNAMEAD, being expressly denied, is so minimal so as to be insufficient to establish a reasonable degree of probability that the products are capable of causing injury or damages and must be considered speculative as a matter of law. THIRTY-FOURTH AFFIRMATIVE DEFENSE 36. If LORNAMEAD was on notice of any hazard or defect for which the Plaintiff 7 7 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 seeks relief, which LORNAMEAD denies, Plaintiff also had such notice and are thereby barred from any recovery. THIRTY-FIFTH AFFIRMATIVE DEFENSE 37. There is no justiciable issue or controversy. THIRTY-SIXTH AFFIRMATIVE DEFENSE 38. The claims for damages have not accrued and are merely speculative, uncertain and contingent. THIRTY-SEVENTH AFFIRMATIVE DEFENSE 39. The Plaintiff has acted voluntarily, unnecessarily, prematurely and with no evidence of injury to anyone at any job locations. THIRTY-EIGHTH AFFIRMATIVE DEFENSE 40. None of the alleged injuries or damages were foreseeable at the time of the acts or omissions alleged in the Complaint. THIRTY-NINTH AFFIRMATIVE DEFENSE 41. The Plaintiff was warned of the risk of exposure to use of asbestos-containing materials, the existence of any such asbestos-containing products having been manufactured sold or distributed by LORNAMEAD, being expressly denied. FORTIETH AFFIRMATIVE DEFENSE 42. The Plaintiffs cause of action for exemplary or punitive damages is barred because such damages are not recoverable or warranted in this action. FORTY-FIRST AFFIRMATIVE DEFENSE 43. The Plaintiffs demand for punitive damages is/are barred by the ex post facto clause of the United States Constitution. 8 8 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 FORTY-SECOND AFFIRMATIVE DEFENSE 44. At all times relevant to this litigation, LORNAMEAD complied with all applicable laws, regulations and standards. FORTY-THIRD AFFIRMATIVE DEFENSE 45. Some or all of the causes of action may not be maintained because of collateral estoppel. FORTY-FOURTH AFFIRMATIVE DEFENSE 46. Any damages which may have been sustained by the Plaintiff were caused and contributed to by reason of the negligence of the Plaintiff. FORTY-FIFTH AFFIRMATIVE DEFENSE 47. Any damages which may have been sustained by the Plaintiff were contributed to, in whole or in part, by the conduct of the Plaintiff. FORTY-SIXTH AFFIRMATIVE DEFENSE 48. If the Plaintiff sustained injuries in the manner alleged, LORNAMEAD has denied all of which, the liability of LORNAMEAD, if any, should be limited in accordance with Article 16 of the Civil Practice Law and Rules. FORTY-SEVENTH AFFIRMATIVE DEFENSE 49. LORNAMEAD denies that the Plaintiff had any exposure to any asbestos product manufactured, installed, supplied, developed, tested, fashioned, packaged, distributed, delivered, sold and/or otherwise placed in the stream of commerce, if any, by it, and more particularly, denies that LORNAMEAD manufactured, installed, supplied, developed, tested, fashioned, packaged, distributed, delivered sold, and/or otherwise placed in the stream of commerce, any asbestos product at the time and upon the dates alleged in the Complaint. 9 9 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 FORTY-EIGHTH AFFIRMATIVE DEFENSE 50. LORNAMEAD had no duty to Plaintiff or has performed each and every duty, if any, owing to Plaintiff. FORTY-NINTH AFFIRMATIVE DEFENSE 51. Plaintiff neither used nor was/were exposed to any asbestos-containing product manufactured, assembled, installed, distributed, sold and/or supplied by LORNAMEAD, the existence of any such products having been manufactured sold or distributed by LORNAMEAD, being expressly denied. FIFTIETH AFFIRMATIVE DEFENSE 52. The provisions of 29 C.F.R, if any, bar the claims of Plaintiff. §1910.1001 (g)(2) relating to asbestos or the use thereof. FIFTY-FIRST AFFIRMATIVE DEFENSE 53. LORNAMEAD was never a member of any asbestos trade association and has no liability or knowledge that might have arisen therefrom. FIFTY-SECOND AFFIRMATIVE DEFENSE 54. LORNAMEAD did not manufacture, process or produce any asbestos materials and has no liability that might have arisen therefrom. FIFTY-THIRD AFFIRMATIVE DEFENSE 55. This action is barred by virtue of the four year Statute of Limitations prescribed by Section 2-725 of the New York Uniform Commercial Code and other applicable statutes of limitation; by virtue of the Plaintiffs failure to give requisite notice to LORNAMEAD under Article 2 of the Uniform Commercial Code, insofar as a cause of action is alleged for breach of 10 10 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 warranty or warranties, express or implied; as well as by virtue of the absence of privity or of any contractual relationship between the Plaintiff and LORNAMEAD. FIFTY-FOURTH AFFIRMATIVE DEFENSE 56. Some or all of the causes of action may not be maintained because of discharge in bankruptcy. FIFTY-FIFTH AFFIRMATIVE DEFENSE 57. Some or all of the causes of action may not be maintained because of payment. FIFTY-SIXTH AFFIRMATIVE DEFENSE 58. Some or all of the causes of action may not be maintained because of release. FIFTY-SEVENTH AFFIRMATIVE DEFENSE 59. Some or all of the causes of action may not be maintained because of res judicata and collateral estoppel.. FIFTY-EIGHTH AFFIRMATIVE DEFENSE 60. Plaintiff has failed to plead any basis for claims of misrepresentation, deliberate concealment or fraud against LORNAMEAD, much less state claims with the specificity required by the Civil Practice Law and Rules. FIFTY-NINTH AFFIRMATIVE DEFENSE 61. In the event Plaintiff recovers a verdict or judgment against LORNAMEAD, the said verdict or judgment must be reduced pursuant to N.Y. C.P.L.R. 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claimed economic source such as insurance, social security, workers' compensation or employee benefits programs. 11 11 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 SIXTIETH AFFIRMATIVE DEFENSE 62. LORNAMEAD hereby invokes the provisions of Article 50-B of the Civil Practice Law and Rules. SIXTY-FIRST AFFIRMATIVE DEFENSE 63. Plaintiff failed to effectuate proper service of process on LORNAMEAD. SIXTY-SECOND AFFIRMATIVE DEFENSE 64. The venue of this action is improper. SIXTY-THIRD AFFIRMATIVE DEFENSE 65. The Court lacks subject matter jurisdiction. SIXTY-FOURTH AFFIRMATIVE DEFENSE 66. If Plaintiff sustained injuries or losses as alleged in the Complaint, such injuries or losses resulted from conditions, illnesses, and/or reactions unrelated to the use of the subject product or products, including, but not limited to, Plaintiff s pre-existing and/or unrelated medical, genetic, and/or environmental conditions; diseases; illnesses; allergic, idiosyncratic, or idiopathic reactions; subsequent medical conditions; and/or natural courses of conditions. LORNAMEAD is not responsible for any injuries or losses resulting from such pre-existing and/or unrelated conditions, and Plaintiffs damages should be reduced, in whole or in part. SIXTY-FIFTH AFFIRMATIVE DEFENSE 67. With respect to each and every purported cause of action, the acts of LORNAMEAD were at all times undertaken in good faith and without malice. SIXTY-SIXTH AFFIRMATIVE DEFENSE 68. To the extent Plaintiff has settled or will in the future settle with any person or 12 12 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 entity with respect to the injuries asserted in the Complaint, LORNAMEAD’s liability, if any, should be precluded or reduced accordingly. SIXTY-SEVENTH AFFIRMATIVE DEFENSE 69. Plaintiffs recovery, if any, must be diminished in proportion to any culpable conduct in accordance with New York C.P.L.R. §1411. SIXTY-EIGHTH AFFIRMATIVE DEFENSE 70. To the extent Plaintiff has or will settle with any defendant or any other person with respect to the allegations in the Complaint, the liability of LORNAMEAD, if any, shall be reduced pursuant to § 15-108 of the General Obligations Law. SIXTY-NINTH AFFIRMATIVE DEFENSE 71. Plaintiff lacks the capacity, standing or authority to bring this action, in whole or in part. SEVENTIETH AFFIRMATIVE DEFENSE 72. Joinder of individual Plaintiffs in this action or at trial is improper because they do not assert any right to relief jointly, severally, or, in the alternative, do not arise out of the same transaction, occurrence, or series of transactions or occurrences. SEVENTY-FIRST AFFIRMATIVE DEFENSE 73. Insofar as Plaintiffs claims against LORNAMEAD stem from the alleged misconduct, negligence or other wrongful act or tort of LORNAMEAD, or any purported corporate predecessor, affiliate or entity related to LORNAMEAD, Plaintiffs claims are barred because LORNAMEAD was not responsible for any such acts and LORNAMEAD has no successor liability with regard to any such entity/entities. 13 13 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 SEVENTY-SECOND AFFIRMATIVE DEFENSE 74. All defenses which have been or will be asserted by other Defendants in this action are adopted and incorporated by reference as if fully set forth herein. In addition, LORNAMEAD will rely upon any and all other further defenses which become available or appear during discovery in this action and hereby specifically reserves its right to amend its answer for the purpose of asserting any such additional affirmative defenses. SEVENTY-THIRD AFFIRMATIVE DEFENSE 75. LORNAMEAD may have one or more defenses founded upon documentary evidence. SEVENTY-FOURTH AFFIRMATIVE DEFENSE 76. The Court may not have jurisdiction in the action, to the extent that service was made under Section 314 or Section 315 of the CPLR. SEVENTY-FIFTH AFFIRMATIVE DEFENSE 77. This Court is considered a forum non conveniens for LORNAMEAD with respect to each and every Count contained in Plaintiffs Complaint. SEVENTY-SIXTH AFFIRMATIVE DEFENSE 78. Plaintiffs claim for premises liability is barred because LORNAMEAD did not exercise control or supervise Plaintiffs work at any facility. SEVENTY-SEVENTH AFFIRMATIVE DEFENSE 79. To the extent Plaintiff assert a claim under Sections 240 and/or 241 of the Labor Law, Plaintiffs claims under Sections 240 and 241 of the Labor law should be dismissed because LORNAMEAD was not an owner, contractor, or agent of an owner or contractor to which Sections 240 and 241 apply. 14 14 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 SEVENTY-EIGHTH AFFIRMATIVE DEFENSE 80. This action is barred under the government contractor's defense theory. AS AND FOR A CROSS-CLAIM AGAINST EACH OF THE OTHER DEFENDANTS, AS NAMED IN THE COMPLAINT HEREIN OR ANY AMENDMENT OR SUPPLEMENT HERETO That if Plaintiff sustained the damages in the manner and at the time and place alleged by reason other than Plaintiffs own carelessness, recklessness, negligence and/or acts of omission or commission and if it is found that LORNAMEAD is liable to Plaintiff herein, all of which is specifically denied, then, LORNAMEAD, on the basis of apportionment of responsibility for the alleged occurrence, is entitled to indemnification and/or contribution from the co-defendants and judgment over and against the aforementioned co-defendants, as a result of the carelessness, recklessness, negligence and/or acts of omission or commission and/or breach of warranty and/or breach or contract and/or strict or statutory liability of said co-defendants, their agents, servants and/or employees for all or part of any verdict or judgment that Plaintiff may recover against LORNAMEAD. AS AND FOR LORNAMEAD’S RESPONSE TO ALL CROSS-CLAIMS LORNAMEAD denies any and all cross-claims now or hereafter asserted against LORNAMEAD; asserts all defenses including those set forth above; and avers that it is not liable to Plaintiff, to co-defendants, to any third-party defendant or to any others. 15 15 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 WHEREFORE, the LORNAMEAD demands judgment dismissing Plaintiffs Complaint against it together with the costs and disbursements of this action, and in the event of any judgment over and against, LORNAMEAD demands judgment, contribution and/or indemnification, along with costs and disbursements, including reasonable attorneys' fees. Dated: New York, New York March 1,2023 LONDON FISCHER LLP By: /s/ Erika Muse____________ Erika L. Muse, Esq. Attorneys for Defendant LORNAMEAD, INC. 59 Maiden Lane New York, New York 10038 Tel. (212) 972-1000 To: Darron Berquist, Esq. LANIER LAW FIRM, PLLC Attorneys for Plaintiff 126 E. 56th Street, 6th Floor New York, New York 10022 16 16 of 17 FILED: NEW YORK COUNTY CLERK 03/01/2023 04:06 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/01/2023 VERIFICATION STATE OF NEW YORK ) : SS: COUNTY OF NEW YORK ) Erika L. Muse, being duly sworn, deposes and says that I am associated with the law firm of LONDON FISCHER LLP having an office at 59 Maiden Lane, in the City, County and State of New York, attorneys for defendant LORNAMEAD, INC., in the within action; that I have read the foregoing Verified Answer to Plaintiffs Complaint, Cross-Claims and Answer to Cross- Claims of LORNAMEAD, INC. and know the contents thereof; that the same is true upon information and belief and I believe it to be true; that the grounds of my belief are public records, records and documents currently in my possession pertaining to this matter, and conversations with client’s agents; and that the reason why this verification is made by me and not by said defendant is that said defendant’s principal place of business is located outside New York County where LONDON FISCHER LLP, maintains an office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: March 1, 2023 LONDON FISCHER LLP By: /s/ Erika Muse Erika L. Muse, Esq. 17 17 of 17