Preview
FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
CHRISTINE VANLEW, ANSWER TO
FOURTH-PARTY COMPLAINT
Plaintiff, Index No. 2018-3085
-against-
PARKWOOD PLAZA II, LLC
and CLAD REALTY, LLC,
Defendants.
___
PARKWOOD PLAZA II, LLC,
Third-Party Plaintiff,
-against-
CORRI, INC.,
Third-Party Defendant.
___
PARKWOOD PLAZA II, LLC,
Fourth-Party Plaintiff,
-against-
DES, INC.,
Fourth-Party Defendant.
Fourth-Party Defendant, DES, INC. (hereinafter "answering Fourth-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/Fourth-Party Plaintiff's Complaint sets forth and alleges as
follows:
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FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021
1. Answering Fourth-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",
"12" "13"
"6", and of the Fourth-Party Complaint.
2. Answering Fourth-Party Defendant admits the allegations contained in paragraphs
"7" "8"
"2", "3", and of the Fourth-Party Complaint.
3. Answering Fourth-Party Defendant denies the knowledge or information sufficient
"10"
to form a belief as to the truth or falsity of the allegations contained in paragraphs "9", and
"11"
of the Fourth-Party Complaint and refers you to Plaintiff's Complaint for the sum and
substance of same.
4. Answering Fourth-Party Defendant denies the knowledge or information sufficient
"14"
to form a belief as to the truth or falsity of the allegations contained in paragraph of the
Fourth-Party Complaint and refers all questions of law to the Court.
5. Answering Fourth-Party Defendant denies the knowledge or information sufficient
"15" "16"
to form a belief as to the truth or falsity of the allegations contained in paragraphs and
of the Fourth-Party Complaint and refers you to the lease for the sum and substance of same.
AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY
PLAINTIFF/FOURTH PARTY PLAINTIFF'S FIRST CAUSE OF ACTION
FOR CONTRACTUAL INDEMNIFICATION
"17" Fourth-
6. With respect to paragraph of the Fourth-Party Complaint, answering
"1" "5"
Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this
Answer.
7. Answering Fourth-Party Defendant denies the knowledge or information sufficient
"18" "19"
to form a belief as to the truth or falsity of the allegations contained in paragraphs and
of the Fourth-Party Complaint and refers you to the lease for the sum and substance of same.
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FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021
8. Answering Fourth-Party Defendant denies the allegations contained in paragraphs
"22" "23"
"20", "21", and of the Fourth-Party Complaint.
AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY
PLAINTIFF/FOURTH PARTY PLAINTIFF'S SECOND CAUSE OF ACTION
FOR BREACH OF CONTRACT
"24" Fourth-
9. With respect to paragraph of the Fourth-Party Complaint, answering
"1" "8"
Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this
Answer.
10. Answering Fourth-Party Defendant denies the knowledge or information sufficient
"25"
to form a belief as to the truth or falsity of the allegations contained in paragraph of the
Fourth-Party Complaint and refers you to the lease for the sum and substance of same.
11. Answering Defendant denies the allegations contained in paragraph
Fourth-Party
"26"
of the Fourth-Party Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
12. 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 Fourth-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
13. In the event that the Plaintiff and Defendant/Third-Party Plaintiff/Fourth Party
Plaintiff recover any judgment against Fourth-Party Defendant DES, Inc., then Fourth-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 05/27/2021 05:19 PM INDEX NO. 20183085
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
14. 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.
MAND FOR A FOURTH AFFIRMATIVE DEFENSE
15. 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
16. This Court lacks personal jurisdiction over Fourth-Party Defendant DES, Inc.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
17. Plaintiff has failed to mitigate her damages against Fourth-Party Defendant.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
18. The Fourth-Party Complaint fails to state a cause of action against the Fourth-Party
Defendant herein upon which relief might be granted.
WHEREFORE, Fourth-Party Defendant, DES, Inc., demands judgment as follows:
1. Dismissing the Fourth-Party Complaint, or in the event thà t the Plaintiff,
Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff recover from the Fourth-Party Defendant,
then and in that event, this Fourth-Party Defendant demands judgment over and against Plaintiff,
Defendants and Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff for all or part of said verdict
or judgment that the Defendant/Third-Party Plaintiff/Fourth Party-Plaintiff may recover against
the Fourth-Party Defendant;
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NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021
2. for the costs and disbursements of this action; and
3. for such other and further relief as to this Court may seem just and proper.
Dated: May 27, 2021 O'CONNOR, O'CONNOR, .
BRESEE & FIRST, P,C.
By:
MARK J. DOLAN
Attorneys for Third-Party Defendant,
Corri, Inc. and Fourth-Party Defendant,
DES, 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
Fourth-Party Plaintiff Parkwood Plaza II, LLC
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 05/27/2021 05:19 PM INDEX NO. 20183085 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA CHRISTINE VANLEW, ANSWER TO FOURTH-PARTY COMPLAINT Plaintiff, Index No. 2018-3085 -against- PARKWOOD PLAZA II, LLC and CLAD REALTY, LLC, Defendants. ___ PARKWOOD PLAZA II, LLC, Third-Party Plaintiff, -against- CORRI, INC., Third-Party Defendant. ___ PARKWOOD PLAZA II, LLC, Fourth-Party Plaintiff, -against- DES, INC., Fourth-Party Defendant. Fourth-Party Defendant, DES, INC. (hereinafter "answering Fourth-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/Fourth-Party Plaintiff's Complaint sets forth and alleges as follows: 1 of 5 FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021 1. Answering Fourth-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", "12" "13" "6", and of the Fourth-Party Complaint. 2. Answering Fourth-Party Defendant admits the allegations contained in paragraphs "7" "8" "2", "3", and of the Fourth-Party Complaint. 3. Answering Fourth-Party Defendant denies the knowledge or information sufficient "10" to form a belief as to the truth or falsity of the allegations contained in paragraphs "9", and "11" of the Fourth-Party Complaint and refers you to Plaintiff's Complaint for the sum and substance of same. 4. Answering Fourth-Party Defendant denies the knowledge or information sufficient "14" to form a belief as to the truth or falsity of the allegations contained in paragraph of the Fourth-Party Complaint and refers all questions of law to the Court. 5. Answering Fourth-Party Defendant denies the knowledge or information sufficient "15" "16" to form a belief as to the truth or falsity of the allegations contained in paragraphs and of the Fourth-Party Complaint and refers you to the lease for the sum and substance of same. AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY PLAINTIFF/FOURTH PARTY PLAINTIFF'S FIRST CAUSE OF ACTION FOR CONTRACTUAL INDEMNIFICATION "17" Fourth- 6. With respect to paragraph of the Fourth-Party Complaint, answering "1" "5" Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this Answer. 7. Answering Fourth-Party Defendant denies the knowledge or information sufficient "18" "19" to form a belief as to the truth or falsity of the allegations contained in paragraphs and of the Fourth-Party Complaint and refers you to the lease for the sum and substance of same. 2 of 5 FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021 8. Answering Fourth-Party Defendant denies the allegations contained in paragraphs "22" "23" "20", "21", and of the Fourth-Party Complaint. AS AND FOR A RESPONSE TO DEFENDANT/THIRD-PARTY PLAINTIFF/FOURTH PARTY PLAINTIFF'S SECOND CAUSE OF ACTION FOR BREACH OF CONTRACT "24" Fourth- 9. With respect to paragraph of the Fourth-Party Complaint, answering "1" "8" Party Defendant repeats and realleges as if fully set forth herein paragraphs through of this Answer. 10. Answering Fourth-Party Defendant denies the knowledge or information sufficient "25" to form a belief as to the truth or falsity of the allegations contained in paragraph of the Fourth-Party Complaint and refers you to the lease for the sum and substance of same. 11. Answering Defendant denies the allegations contained in paragraph Fourth-Party "26" of the Fourth-Party Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 12. 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 Fourth-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 13. In the event that the Plaintiff and Defendant/Third-Party Plaintiff/Fourth Party Plaintiff recover any judgment against Fourth-Party Defendant DES, Inc., then Fourth-Party Defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR. 3 of 5 FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 14. 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. MAND FOR A FOURTH AFFIRMATIVE DEFENSE 15. 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 16. This Court lacks personal jurisdiction over Fourth-Party Defendant DES, Inc. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 17. Plaintiff has failed to mitigate her damages against Fourth-Party Defendant. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 18. The Fourth-Party Complaint fails to state a cause of action against the Fourth-Party Defendant herein upon which relief might be granted. WHEREFORE, Fourth-Party Defendant, DES, Inc., demands judgment as follows: 1. Dismissing the Fourth-Party Complaint, or in the event thà t the Plaintiff, Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff recover from the Fourth-Party Defendant, then and in that event, this Fourth-Party Defendant demands judgment over and against Plaintiff, Defendants and Defendant/Third-Party Plaintiff/Fourth-Party Plaintiff for all or part of said verdict or judgment that the Defendant/Third-Party Plaintiff/Fourth Party-Plaintiff may recover against the Fourth-Party Defendant; 4 of 5 FILED: SARATOGA COUNTY CLERK 05/27/2021 05:19 PM INDEX NO. 20183085 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 05/27/2021 2. for the costs and disbursements of this action; and 3. for such other and further relief as to this Court may seem just and proper. Dated: May 27, 2021 O'CONNOR, O'CONNOR, . BRESEE & FIRST, P,C. By: MARK J. DOLAN Attorneys for Third-Party Defendant, Corri, Inc. and Fourth-Party Defendant, DES, 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 Fourth-Party Plaintiff Parkwood Plaza II, LLC 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 5 of 5