Preview
FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW, ANSWER TO
THIRD-PARTY COMPLAINT
Plaintiff, Index No. 20183085
-against-
PARKWOOD PLAZA II, LLC
and CLAD REALTY, LLC,
Defendants.
PARKWOOD PLAZA II, LLC,
Third-Party Plaintiff,
-against-
CORRI, 1NC.,
Third-Party Defendant.
____
Third-Party Defendant, CORRI, INC. (hereinafter "answering Third-Party Defendant"),
by and through its attorneys, O'Connor, O'Connor, Bresee & First, P.C., as and for an Answer to
Defendant/Third-Party Plaintiff's Third-Party Complaint sets forth and alleges as follows:
1. Answering Third-Party Defendant denies the knowledge or information sufficient
to form a belief as to the truth or falsity of the allegations contained in paragraphs "1", "4", "5",
"10" "11"
"6", "7", "8", "9", and of the Third-Party Complaint.
2. Answering Third-Party Defendant denies the allegations contained in paragraphs
"13" 14"
"2", "12", and of the Third-Party Complaint.
3. Answering Third-Party Defendant denies the allegations contained in paragraph
"3"
of the Third-Party Complaint, except admits that Corri, Inc. was authorized to [do] business
in the State of New York.
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NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021
AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY
PLAINTIFF'S FIRST CAUSE OF ACTION
"15" Third-
4. With respect to paragraph of the Third-Party Complaint, answering
"1" "3"
Party Defendant repeats and realleges as if fully set forth herein paragraphs through of
this Answer.
5. Answering Third-Party Defendant denies the allegations contained in paragraphs
"20" "21"
"16", "17", "18", "19", and of the Third-Party Complaint.
AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY
PLAINTIFF'S SEC_OND CAUSE OF ACTION
"22" Third-
6. With respect to paragraph of the Third-Party Complaint, answering
"1" "5"
Party Defendant repeats and realleges as if fully set forth herein paragraphs through of
this Answer.
"23"
7. Answering Third-Party Defendant denies the allegations of paragraphs and
"24"
of the Third-Party Complaint.
AS AND F_OR A FIRST AFFIRMATIVE DEFENSE
8. Upon information and belief, Plaintiff's economic loss, if any, as specified in
CPLR 4545 was replaced or indemnified in whole or in part from collateral sources, and this
Third-Party Defendant is entitled to have the Court consider the same in determining such
damages, as provided in CPLR 4545.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. In the event that the Plaintiff and Defendant/Third-Party Plaintiff recover any
judgment against Third-Party Defendant Corri, Inc., then Third-Party Defendant demands that
any such judgment be diminished in accordance with Article 16 of the CPLR.
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FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. That the relative culpability of each party who is or may be liable for the damages
alleged by Plaintiff in this action should be determined in accordance with the decisional and
statutory law of the State of new York, and the equitable share of each party's liability for
contribution should be determined and apportioned in accordance with the relative culpability, if
any, of each such party pursuant to Article 14 of the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. Whatever injuries Plaintiff may have sustained were caused in whole or in part, or
were contributed to, by the culpable conduct and/or want of care on the part of the Plaintiff or by
someone over whom the answering Third-Party Defendant had no control.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. This Court lacks personal jurisdiction over Third-Party Defendant Corri, Inc.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. Plaintiff has failed to mitigate her damages against Third-Party Defendant.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. The Third-Party Complaint fails to state a cause of action against the Third-Party
Defendant herein upon which relief might be granted.
WHEREFORE, Third-Party Defendant, Corri, Inc., demands judgment as follows:
1. Dismissing the Third-Party Complaint, or in the event that the Plaintiff,
Defendant/Third-Party Plaintiff recover from the Third-Party Defendant, then and in that event,
this Third-Party Defendant demands judgment over and against Plaintiff, Defendants and
Defendant/Third-Party Plaintiff for all or part of said verdict or judgment that the
Defendant/Third-Party Plaintiff may recover against the Third-Party Defendant;
2. for the costs and disbursements of this action; and
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FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021
3. for such other and further relief as to this Court may seem just and proper.
Dated: January 29, 2021
O'CONNOR, O'CONNOR,
BRESEE & FIRST, P.C.
By:
MARK J. DOLAN
Attorneys for Third-Party Defendant,
Corri, Inc.
20 Corporate Woods Boulevard
Albany, New York 12211
Telephone: 518-465-0400
Email: dolan@oobf.com
TO: SHAWN T. NASH, ESQ.
LAW OFFICE OF M. RANDOLPH BELKIN
Attorneys for Defendant/Third-Party Plaintiff
Parkwood Plaza II, LLC
26 Century Hill Drive, Suite 202
Latham, New York 12110
Telephone: 518-785-5340
Cc: CHRISTOPHER P. MEYER, ESQ.
LAW OFFICES OF EDWARD P. RYAN
Attorneys for Plaintiff
38 Eagle Street
Albany, New York 12207
Telephone: 518-465-2488
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Preview
FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, ANSWER TO THIRD-PARTY COMPLAINT Plaintiff, Index No. 20183085 -against- PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC, Defendants. PARKWOOD PLAZA II, LLC, Third-Party Plaintiff, -against- CORRI, 1NC., Third-Party Defendant. ____ Third-Party Defendant, CORRI, INC. (hereinafter "answering Third-Party Defendant"), by and through its attorneys, O'Connor, O'Connor, Bresee & First, P.C., as and for an Answer to Defendant/Third-Party Plaintiff's Third-Party Complaint sets forth and alleges as follows: 1. Answering Third-Party Defendant denies the knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs "1", "4", "5", "10" "11" "6", "7", "8", "9", and of the Third-Party Complaint. 2. Answering Third-Party Defendant denies the allegations contained in paragraphs "13" 14" "2", "12", and of the Third-Party Complaint. 3. Answering Third-Party Defendant denies the allegations contained in paragraph "3" of the Third-Party Complaint, except admits that Corri, Inc. was authorized to [do] business in the State of New York. 1 of 4 FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021 AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY PLAINTIFF'S FIRST CAUSE OF ACTION "15" Third- 4. With respect to paragraph of the Third-Party Complaint, answering "1" "3" Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this Answer. 5. Answering Third-Party Defendant denies the allegations contained in paragraphs "20" "21" "16", "17", "18", "19", and of the Third-Party Complaint. AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY PLAINTIFF'S SEC_OND CAUSE OF ACTION "22" Third- 6. With respect to paragraph of the Third-Party Complaint, answering "1" "5" Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this Answer. "23" 7. Answering Third-Party Defendant denies the allegations of paragraphs and "24" of the Third-Party Complaint. AS AND F_OR A FIRST AFFIRMATIVE DEFENSE 8. Upon information and belief, Plaintiff's economic loss, if any, as specified in CPLR 4545 was replaced or indemnified in whole or in part from collateral sources, and this Third-Party Defendant is entitled to have the Court consider the same in determining such damages, as provided in CPLR 4545. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. In the event that the Plaintiff and Defendant/Third-Party Plaintiff recover any judgment against Third-Party Defendant Corri, Inc., then Third-Party Defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR. 2 of 4 FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. That the relative culpability of each party who is or may be liable for the damages alleged by Plaintiff in this action should be determined in accordance with the decisional and statutory law of the State of new York, and the equitable share of each party's liability for contribution should be determined and apportioned in accordance with the relative culpability, if any, of each such party pursuant to Article 14 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. Whatever injuries Plaintiff may have sustained were caused in whole or in part, or were contributed to, by the culpable conduct and/or want of care on the part of the Plaintiff or by someone over whom the answering Third-Party Defendant had no control. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. This Court lacks personal jurisdiction over Third-Party Defendant Corri, Inc. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. Plaintiff has failed to mitigate her damages against Third-Party Defendant. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. The Third-Party Complaint fails to state a cause of action against the Third-Party Defendant herein upon which relief might be granted. WHEREFORE, Third-Party Defendant, Corri, Inc., demands judgment as follows: 1. Dismissing the Third-Party Complaint, or in the event that the Plaintiff, Defendant/Third-Party Plaintiff recover from the Third-Party Defendant, then and in that event, this Third-Party Defendant demands judgment over and against Plaintiff, Defendants and Defendant/Third-Party Plaintiff for all or part of said verdict or judgment that the Defendant/Third-Party Plaintiff may recover against the Third-Party Defendant; 2. for the costs and disbursements of this action; and 3 of 4 FILED: SARATOGA COUNTY CLERK 01/29/2021 03:46 PM INDEX NO. 20183085 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/29/2021 3. for such other and further relief as to this Court may seem just and proper. Dated: January 29, 2021 O'CONNOR, O'CONNOR, BRESEE & FIRST, P.C. By: MARK J. DOLAN Attorneys for Third-Party Defendant, Corri, Inc. 20 Corporate Woods Boulevard Albany, New York 12211 Telephone: 518-465-0400 Email: dolan@oobf.com TO: SHAWN T. NASH, ESQ. LAW OFFICE OF M. RANDOLPH BELKIN Attorneys for Defendant/Third-Party Plaintiff Parkwood Plaza II, LLC 26 Century Hill Drive, Suite 202 Latham, New York 12110 Telephone: 518-785-5340 Cc: CHRISTOPHER P. MEYER, ESQ. LAW OFFICES OF EDWARD P. RYAN Attorneys for Plaintiff 38 Eagle Street Albany, New York 12207 Telephone: 518-465-2488 4 of 4