Preview
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------x
STRATHMORE INSURANCE COMPANY as subrogee of Index No.: 152814/2023
HARLINGTON REALTY CO., LLC,
Plaintiff,
-against- ANSWER WITH
CROSSCLAIMS AGAINST
ADDITIONAL DEFENDANT
MR. & MRS. UNIFORMS, L.L.C.,
Defendant,
HARLINGTON REALTY CO., LLC,
Additional Defendant
on Crossclaim.
-------------------------------------------------------------------------x
Defendant, MR. & MRS. UNIFORMS, LLC (the “Defendant”), by and through its
attorneys at Warren Law Group, as and for their Answer with Counterclaims to Plaintiff
STRATHMORE INSURANCE COMPANY as subrogee of HARLINGTON REALTY CO.,
LLC’s (the “Plaintiff”) Complaint, herein alleges as follows:
AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
1. Defendant denies knowledge and information sufficient to form a belief as to the
allegations in Paragraph “1” of the Complaint.
2. Defendant denies knowledge and information sufficient to form a belief as to the
allegations in Paragraph “2” of the Complaint.
3. Defendant admits the allegations in Paragraph "3” of the Complaint.
4. Defendant denies knowledge and information sufficient to form a belief as to the
allegations in Paragraph “4” of the Complaint.
5. Defendant admits the allegations in Paragraph "5” of the Complaint.
1 of 5
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023
6. Defendant denies the allegations in Paragraph “6” of the Complaint.
7. Defendant denies the allegations in Paragraph “7” of the Complaint.
8. Defendant denies knowledge and information sufficient to form a belief as to the
allegations in Paragraph “8” of the Complaint.
9. Defendant denies knowledge and information sufficient to form a belief as to the
allegations in Paragraph “9” of the Complaint.
10. Defendant denies knowledge and information sufficient to form a belief in part and
denies the allegations in part as to the allegations in Paragraph “10” of the Complaint.
11. Defendant denies the allegations in Paragraph “11” of the Complaint.
AS AND FOR A FIRST AFFIRMTIVE DEFENSE
12. The Complaint fails to state a cause of action against Defendant upon which relief
can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
13. Plaintiff’s claims are barred by the doctrines of waiver, release, estoppel and/or
accord and satisfaction.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
14. Upon information and belief, if any monies were or are due and owing to Plaintiff,
the amount is less than pleased in the Complaint and have been paid in whole or in part.
15. The amounts claimed by Plaintiff are overstated and/or improperly calculated.
16. By reason of the foregoing, Defendant is not liable to Plaintiff, or in the alternative,
Plaintiff’s claims should be reduced.
2 of 5
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
17. Upon information and belief, some or all of the Plaintiff’s claims are barred in
whole or in part by the express and/or implied terms of the parties’ agreement.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
18. Upon information and belief, Plaintiff’s claims are barred in whole or in part by
any applicable statute of limitations or contractual limitations period.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
19. Upon information and belief, the damages alleged were caused by the culpable
conduct of some unidentified person or persons over whom answering Defendant exercised no
control.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
20. Defendant’s actions were not the proximate cause of the damages. Damages were
sustained as a result of intervening and/or superseding causes which are out of Defendant’s control
and which were not the result of answering Defendant’s conduct, acts, or omissions.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
21. Defendant reserves its rights to assert additional defenses based on the results of
further investigation and discovery in this matter.
AS AND FOR A FIRST CROSSCLAIM
(NEGLIGENCE AS AGAINST HARLINGTON REALTY CO., LLC)
22. That at all times hereinafter mentioned, Plaintiff Harlington Realty Co., LLC,
(“Plaintiff”) owned the premises located at 404 East 63rd Street, New York, NY 10065 (the
“Premises”).
23. That Defendant Mr. & Mrs. Uniforms L.L.C. (the “Defendant”), was a tenant of the
storefront located within the Premises.
3 of 5
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023
24. That Plaintiff owed a duty to Defendant to ensure that the Premises were reasonably
safe, which included adequate property maintenance.
25. That Plaintiff breached its duty to Defendant by negligently failing to properly
maintain the Premises.
26. That Plaintiff’s negligence in failing to properly maintain the Premises caused the
fire on January 30, 2023 within the Premises, resulting in extensive and severe damage to the
Defendant’s personal property and commercial goods.
27. That damage to the Defendant’s personal property and commercial goods was
within the foreseeable consequences of a fire that was caused by Plaintiff’s negligence in failing
to properly maintain the Premises.
28. The value of the Defendant’s personal property and commercial goods damaged by
the fire was no less than $200,000.
29. By reason of the foregoing, Plaintiff has caused damages to Defendant in an amount
to be determined at trial but not less than $200,000 plus interest.
AS AND FOR A SECOND CROSSCLAIM
(TRESPASS TO CHATTELS AS AGAINST HARLINGTON REALTY CO., LLC)
30. Defendant repeats and realleges the allegations set forth above with the same force
and effect as if set forth at length herein.
31. Upon information and belief, Plaintiff intentionally caused the fire within the
Premises on January 30, 2023.
32. Upon information and belief, the time that Plaintiff intentionally caused the fire
resulted in extensive and severe damage to the Defendant’s personal property and commercial
goods.
4 of 5
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023
33. The value of Defendant’s personal property and commercial goods damaged by the
fire was no less than $200,000.
34. As a result of the Plaintiff’s actions, the Defendant has been damaged in an amount
to be determined at trial but not less than $200,000 plus interest.
WHEREFORE, Defendant Mr. & Mrs. Uniforms L.L.C. demands judgement:
1. On its First Crossclaim as against Defendant Harlington Realty Co., LLC in an
amount no less than $200,000, plus interest.
2. On its Second Crossclaim as against Defendant Harlington Realty Co., LLC, in an
amount no less than $200,000, plus interest.
3. For such other and further relief as the Court deems just and proper.
Dated: New York, NY WARREN LAW GROUP
October 5, 2023 Counsel for Defendant
By:/s/ Maximilian Travis .
Maximilian Travis Esq.
519 8th Avenue, 25th Floor
New York, NY 10018
(212) 390-1287
max@warren.law
TO: All Counsel (Via NYSCEF)
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------x STRATHMORE INSURANCE COMPANY as subrogee of Index No.: 152814/2023 HARLINGTON REALTY CO., LLC, Plaintiff, -against- ANSWER WITH CROSSCLAIMS AGAINST ADDITIONAL DEFENDANT MR. & MRS. UNIFORMS, L.L.C., Defendant, HARLINGTON REALTY CO., LLC, Additional Defendant on Crossclaim. -------------------------------------------------------------------------x Defendant, MR. & MRS. UNIFORMS, LLC (the “Defendant”), by and through its attorneys at Warren Law Group, as and for their Answer with Counterclaims to Plaintiff STRATHMORE INSURANCE COMPANY as subrogee of HARLINGTON REALTY CO., LLC’s (the “Plaintiff”) Complaint, herein alleges as follows: AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION 1. Defendant denies knowledge and information sufficient to form a belief as to the allegations in Paragraph “1” of the Complaint. 2. Defendant denies knowledge and information sufficient to form a belief as to the allegations in Paragraph “2” of the Complaint. 3. Defendant admits the allegations in Paragraph "3” of the Complaint. 4. Defendant denies knowledge and information sufficient to form a belief as to the allegations in Paragraph “4” of the Complaint. 5. Defendant admits the allegations in Paragraph "5” of the Complaint. 1 of 5 FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023 6. Defendant denies the allegations in Paragraph “6” of the Complaint. 7. Defendant denies the allegations in Paragraph “7” of the Complaint. 8. Defendant denies knowledge and information sufficient to form a belief as to the allegations in Paragraph “8” of the Complaint. 9. Defendant denies knowledge and information sufficient to form a belief as to the allegations in Paragraph “9” of the Complaint. 10. Defendant denies knowledge and information sufficient to form a belief in part and denies the allegations in part as to the allegations in Paragraph “10” of the Complaint. 11. Defendant denies the allegations in Paragraph “11” of the Complaint. AS AND FOR A FIRST AFFIRMTIVE DEFENSE 12. The Complaint fails to state a cause of action against Defendant upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 13. Plaintiff’s claims are barred by the doctrines of waiver, release, estoppel and/or accord and satisfaction. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 14. Upon information and belief, if any monies were or are due and owing to Plaintiff, the amount is less than pleased in the Complaint and have been paid in whole or in part. 15. The amounts claimed by Plaintiff are overstated and/or improperly calculated. 16. By reason of the foregoing, Defendant is not liable to Plaintiff, or in the alternative, Plaintiff’s claims should be reduced. 2 of 5 FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 17. Upon information and belief, some or all of the Plaintiff’s claims are barred in whole or in part by the express and/or implied terms of the parties’ agreement. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 18. Upon information and belief, Plaintiff’s claims are barred in whole or in part by any applicable statute of limitations or contractual limitations period. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 19. Upon information and belief, the damages alleged were caused by the culpable conduct of some unidentified person or persons over whom answering Defendant exercised no control. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 20. Defendant’s actions were not the proximate cause of the damages. Damages were sustained as a result of intervening and/or superseding causes which are out of Defendant’s control and which were not the result of answering Defendant’s conduct, acts, or omissions. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 21. Defendant reserves its rights to assert additional defenses based on the results of further investigation and discovery in this matter. AS AND FOR A FIRST CROSSCLAIM (NEGLIGENCE AS AGAINST HARLINGTON REALTY CO., LLC) 22. That at all times hereinafter mentioned, Plaintiff Harlington Realty Co., LLC, (“Plaintiff”) owned the premises located at 404 East 63rd Street, New York, NY 10065 (the “Premises”). 23. That Defendant Mr. & Mrs. Uniforms L.L.C. (the “Defendant”), was a tenant of the storefront located within the Premises. 3 of 5 FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023 24. That Plaintiff owed a duty to Defendant to ensure that the Premises were reasonably safe, which included adequate property maintenance. 25. That Plaintiff breached its duty to Defendant by negligently failing to properly maintain the Premises. 26. That Plaintiff’s negligence in failing to properly maintain the Premises caused the fire on January 30, 2023 within the Premises, resulting in extensive and severe damage to the Defendant’s personal property and commercial goods. 27. That damage to the Defendant’s personal property and commercial goods was within the foreseeable consequences of a fire that was caused by Plaintiff’s negligence in failing to properly maintain the Premises. 28. The value of the Defendant’s personal property and commercial goods damaged by the fire was no less than $200,000. 29. By reason of the foregoing, Plaintiff has caused damages to Defendant in an amount to be determined at trial but not less than $200,000 plus interest. AS AND FOR A SECOND CROSSCLAIM (TRESPASS TO CHATTELS AS AGAINST HARLINGTON REALTY CO., LLC) 30. Defendant repeats and realleges the allegations set forth above with the same force and effect as if set forth at length herein. 31. Upon information and belief, Plaintiff intentionally caused the fire within the Premises on January 30, 2023. 32. Upon information and belief, the time that Plaintiff intentionally caused the fire resulted in extensive and severe damage to the Defendant’s personal property and commercial goods. 4 of 5 FILED: NEW YORK COUNTY CLERK 10/05/2023 04:25 PM INDEX NO. 152814/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/05/2023 33. The value of Defendant’s personal property and commercial goods damaged by the fire was no less than $200,000. 34. As a result of the Plaintiff’s actions, the Defendant has been damaged in an amount to be determined at trial but not less than $200,000 plus interest. WHEREFORE, Defendant Mr. & Mrs. Uniforms L.L.C. demands judgement: 1. On its First Crossclaim as against Defendant Harlington Realty Co., LLC in an amount no less than $200,000, plus interest. 2. On its Second Crossclaim as against Defendant Harlington Realty Co., LLC, in an amount no less than $200,000, plus interest. 3. For such other and further relief as the Court deems just and proper. Dated: New York, NY WARREN LAW GROUP October 5, 2023 Counsel for Defendant By:/s/ Maximilian Travis . Maximilian Travis Esq. 519 8th Avenue, 25th Floor New York, NY 10018 (212) 390-1287 max@warren.law TO: All Counsel (Via NYSCEF) 5 of 5