Preview
FILED: NEW YORK COUNTY CLERK 09/14/2020 03:04 PM INDEX NO. 151434/2020
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020
FILED:: NEW
IFILED NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/14/2020
02/07/2020 03:04
02: 43 PM
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NO. 19
1 RECEIVED
RECEIVED NYSCEF:
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To the above-named defendants:
YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the County of New York,
at the office of the Clerk of the said Court at 60 Centre St., New York, NY, 10007, in the County
of New York, State of New York, within the time provided by law as noted below and to file your
answer to the annexed complaint with the Clerk; upon your failure to answer, judgment will be
taken against you for the sum of $30,185.49 with interest thereon from the f day of March, 2017
together with the costs of this action.
DATED: the f day of February, 2020 Yours, etc.,
Adam Shapiro, Esq.
Law Office of Karen L. Lawrence
Attorney for Plaintiff
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201
Telephone: (718) 451-7106
Our File No. 0445814114.1
NOTE: THE LAW PROVIDES THAT:
(a) If this süñ-encñs is served by its delivery to you personally within the County of New York, you must appear and
answer within TWENTY days after such service; or
(b) If this s==ëss is served by delivery to any person other than you personally, or is served outside the County of
New York, or by the p -
-a, or by any means other than personal delivery to you within the County of New
York, you are allowed THIRTY days after proof of service thereof is filed with the Clerk of this Court within which
to appear and answer.
(c) You are required to file a copy of your answer together with proof of service with the clerk of the court in which
the action is brought within ten days of the service of the answer.
If your vehicle was insured on the date of this accident. you should issediately advise your insurañcc carrier
of the cüñ‡cats of this Su==nns.
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020
FILED:: NEW
IFILED NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 09/14/2020
02 /07 /2020 03:04
02 : 43 PM
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NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 19
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/14/2020
02/07/2020
29. The Court has jurisdiction over the within matter based upon the locus of the
underlying action in New York County, New York.
WHEREFORE, Plaintiff demañds judgment against the Defendants for the
sum of $139,778.56 together with interest from February 10, 2017, along with costs and
disbursements of this action.
7"1
DATED: the day of February, 2020
Yours, etc.,
Steve Sophocleous, Esq.
Law Offices of Karen L. Lawrence
Attorney for Plaintiff
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201
Telephone: (718) 451-7106
Our File No. 0445814114.1
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DOC. NO.
NO. 19
1 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/14/2020
02/07/2020
ATTORNEY AFFIRMATION
STATE OF NY )
) ss:
COUNTY OF KINGS )
Steve Sopliocleous, an attorney admitted to practice before the courts of this state, affirms pursuant
to C.P.L.R. Rule 2106 that she is an attorney associated with the attorneys for the Plaintiff in the
within entitled action, and has read the foregoing SUMMONS & VERIFIED COMPLAINT and
knows the contents thereof and the same is true to the knowledge of the deponent, except as to the
matters herein stated to be alleged upon information and belief and that as to those matters believes
it to be true.
Deponent further states that the reason why this verification is made by the deponent and not made
by the Plaintiff Subrogee is beceüse the said Plaintiff Subrogee is a foreign corporation and
deponent is an attorney designated by said corporation for the purpose of initiating this litigation.
That the grounds of deponent's belief as to all matters not therein stated to be alleged upon
knowledge are investigations and information received by deponent in the course of duties as an
attorney for the said Plaintiff.
7"1
DATED: the day of February, 2020
STEVE SOPHOCLEOUS, ESQ.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF
SWAROOPA REDDY DESAI,
Plaintiff(s), DEMAND PURSUANT
TO CPLR 3017(c)
-against-
JMJ TURTLE BAY HOLDINGS, LLC, DENNIS
PETROCELLI, RUBIN MENG, ANTHONY
PANTALEONI, GENESIS WILSON, THE RELATED
COMPANY and RELATED MANAGEMENT,
Defendant(s).
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C O U N S E L:
Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this
request, you are hereby required to set forth the total damages to which plaintiff(s) deems
himself/herself entitled and list same separately for each cause of action.
Dated: New York, New York
March 20, 2020
Yours, etc.
Law Office Of
JAMES J. TOOMEY
By: LISA M. JAMES
Attorneys for Defendant(s)
JMJ TURTLE BAY HOLDINGS, LLC and
DENNIS PETROCELLI
Mailing Address2
P.O. Box 2903
Hartford, CT 06104-2903
T: (917) 778-6600
F: (877) 890-1328
Matter No.: 2020022935
2
Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017
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TO:
Adam Shapiro, Esq.
LAW OFFICE OF KAREN L. LAWRENCE
Attorney(s) for Plaintiff
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201
(718) 451-7106
File No.: 0445814114.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF
SWAROOPA REDDY DESAI,
Plaintiff(s), ANSWER
-against-
JMJ TURTLE BAY HOLDINGS, LLC, DENNIS
PETROCELLI, RUBIN MENG, ANTHONY
PANTALEONI, GENESIS WILSON, THE RELATED
COMPANY and RELATED MANAGEMENT,
Defendant(s).
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C O U N S E L:
The defendants, JMJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI,
by their attorneys, THE LAW OFFICE OF JAMES J. TOOMEY, answering the Complaint of
the plaintiffs, allege upon information and belief, the following:
1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity
of the allegations contained in paragraphs of the Complaint designated 1, 2, 3, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 26, 27 and 29.
2. Denies each and every allegation contained in the paragraph of the Complaint designated
5 and 24.
3. Denies each and every allegation contained in the paragraph of the Complaint designated
25 and 28, and respectfully refers all questions of law to this Honorable Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
4. That by entering into the activity in which plaintiff was engaged at the time of the
occurrence set forth in the Complaint, said plaintiff knew the hazards thereof, the risks inherent
thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were
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sustained by plaintiff as alleged in the Complaint arose from and were caused by reason of such
inherent risks voluntarily undertaken by the plaintiff in his/her activities and such risks were
assumed and accepted by him/her in performing and engaging in said activities.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
5. That the plaintiff's alleged damages representing the cost of medical care, dental care,
custodial care or rehabilitation services, loss of earnings or other economic loss were or will,
with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral
source and this Court shall, pursuant to CPLR Section 4545, reduce the amount of such alleged
damages by the amount such damages were or will be replaced or indemnified by such collateral
source.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
6. This party's responsibility for non-economic loss, if any, which is expressly denied
herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party
hereto, who is or may be responsible for the happening of plaintiff's alleged accident and, thus,
this party is entitled to a limitation of damages as set forth in CPLR Article 16.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
7. The injuries and damages allegedly sustained by plaintiff were caused in whole or in part
by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of
which the claim of plaintiff is therefore barred or diminished in the proportion that such culpable
conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
8. The Complaint fails to set forth facts sufficient to constitute any cause of action upon
which relief can be granted as to the answering defendant.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
9. The Complaint fails to state a cause of action upon which relief can be granted as to this
party.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
10. That in the event plaintiff has or should in the future, settle any portion of the claims
arising from the allegations contained in plaintiff’s Complaint with any currently named or still
to be named defendant(s), the respective rights of the remaining parties should be determined
pursuant to Section 15-108 of the General Obligations Law.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
11. Plaintiff’s injuries, if any, were caused by the culpable conduct of parties other than the
answering defendant and over when defendant had no control.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
12. That the plaintiff failed to include a party, as plaintiff, who ought to be included in this
action.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE:
13. The Court has no jurisdiction over the subject matter of this action.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
14. The answering defendant reserves the right to assert additional affirmative defenses as
warranted based on the results of further investigation and discovery in this matter.
AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION
AGAINST CO-DEFENDANTS, RUBIN MENG, ANTHONY PANTALEONI, GENESIS
WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, THESE
DEFENDANTS ALLEGE THE FOLLOWING:
15. That if plaintiff was caused to sustain injuries and/or damages at the time and place set
forth in the Complaint through any carelessness, recklessness and/or negligence other than the
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plaintiff’s own, such damages were sustained in whole or in part due to the primary and active
carelessness, recklessness and negligence and/or negligent acts of omission or commission of the
co-defendant(s), its agent(s), servant(s) and/or employee(s) with the negligence of the answering
defendant(s), if any, being secondary, derivative and created solely by operation of law.
16. If plaintiff should recover judgment against the answering defendant(s), then co-
defendant(s) shall be liable to fully indemnify the answering defendant(s) for the amount of any
recovery obtained herein by plaintiff against the answering defendant(s) as the Court or jury may
direct.
17. That by reason of this action, answering defendant(s) have been and will be put to costs
and expenses, including attorneys’ fees, and, the defendant(s) demand judgment dismissing the
Complaint herein as to the defendant(s) and, further, demand judgment over and against co-
defendant(s) for the amount of any judgment which may be obtained herein by the plaintiff
against the answering defendant(s) or in such amount as a Court or jury may determine, together
with the costs and disbursements of the action.
AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION/NEGLIGENCE LAW
AGAINST CO-DEFENDANTS, RUBIN MENG, ANTHONY PANTALEONI, GENESIS
WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, THIS
DEFENDANT ALLEGES THE FOLLOWING:
18. That if plaintiff was caused to sustain injuries and/or damages at the time and place set
forth in the Complaint through any carelessness, recklessness and/or negligence other than the
plaintiff’s own, such damages were sustained in whole or in part by any reason of the
carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-
defendant(s), its agent(s), servant(s) and/or employee(s).
19. Further, if plaintiff should recover judgment against the answering defendant(s), the co-
defendant(s) shall be liable to the defendant(s) on the basis of apportionment of responsibility for
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the alleged occurrence and the defendant(s) are entitled to contribution from and judgment over
and against co-defendant(s) for all or part of any verdict or judgment which plaintiff may recover
in such amounts as a jury or Court may direct.
20. The defendant(s) demand judgment dismissing the Complaint herein as to the answering
defendant(s), and further demand judgment over and against co-defendant(s) for the amount of
any judgment which may be obtained herein by plaintiff against the answering defendant(s) or in
such amount as the Court or jury may determine, together with the costs and disbursements of
the action.
WHEREFORE, defendant demands judgment dismissing plaintiff's Complaint against it,
together with the costs and disbursements of this action, and further demands that in the event
said answering defendant is found liable to plaintiff herein, then said answering defendants, on
the basis of apportionment of responsibility, have judgment over and against co-defendants, for
all or part of the verdict or judgment that plaintiff may recover against said answering defendant
together with the costs and disbursements of this action and for any expenses incurred by it in
the defense thereof, including attorney fees.
Dated: New York, New York
March 20, 2020
Yours, etc.
Law Office Of
JAMES J. TOOMEY
By: LISA M. JAMES
Attorneys for Defendant(s)
JMJ TURTLE BAY HOLDINGS, LLC and
DENNIS PETROCELLI
Mailing Address3
P.O. Box 2903
Hartford, CT 06104-2903
T: (917) 778-6600
F: (877) 890-1328
3
Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017
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Matter No.: 2020022935
TO:
Adam Shapiro, Esq.
LAW OFFICE OF KAREN L. LAWRENCE
Attorney(s) for Plaintiff
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201
(718) 451-7106
File No.: 0445814114.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF
SWAROOPA REDDY DESAI,
Plaintiff(s), NOTICE OF REVOCATION
OF SERVICE BY FAX
-against-
JMJ TURTLE BAY HOLDINGS, LLC, DENNIS
PETROCELLI, RUBIN MENG, ANTHONY
PANTALEONI, GENESIS WILSON, THE RELATED
COMPANY and RELATED MANAGEMENT,
Defendant(s).
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C O U N S E L:
PLEASE TAKE NOTICE, that we will not accept service of any papers by electronic
means such as FACSIMILE MACHINE pursuant to CPLR Rule 2103(b)(5). The presence of
any fax number on letterhead or other papers does not constitute a waiver of this Notice.
Dated: New York, New York
March 20, 2020
Yours, etc.
Law Office Of
JAMES J. TOOMEY
By: LISA M. JAMES
Attorneys for Defendant(s)
JMJ TURTLE BAY HOLDINGS, LLC and
DENNIS PETROCELLI
Mailing Address7
P.O. Box 2903
Hartford, CT 06104-2903
T: (917) 778-6600
F: (877) 890-1328
Matter No.: 2020022935
7
Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017
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TO:
Adam Shapiro, Esq.
LAW OFFICE OF KAREN L. LAWRENCE
Attorney(s) for Plaintiff
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201
(718) 451-7106
File No.: 0445814114.1
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Preview
FILED: NEW YORK COUNTY CLERK 09/14/2020 03:04 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020 FILED:: NEW IFILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/14/2020 02/07/2020 03:04 02: 43 PM PNG INDEX INDEX NO. NO . 151434/2020 15 14 34 / 2 0 2 0 NYSCEF NYSCEF DOC. DOC. NO. NO. 19 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/14/2020 02/07/2020 To the above-named defendants: YOU ARE HEREBY SUMMONED to appear in the Supreme Court of the County of New York, at the office of the Clerk of the said Court at 60 Centre St., New York, NY, 10007, in the County of New York, State of New York, within the time provided by law as noted below and to file your answer to the annexed complaint with the Clerk; upon your failure to answer, judgment will be taken against you for the sum of $30,185.49 with interest thereon from the f day of March, 2017 together with the costs of this action. DATED: the f day of February, 2020 Yours, etc., Adam Shapiro, Esq. Law Office of Karen L. Lawrence Attorney for Plaintiff 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201 Telephone: (718) 451-7106 Our File No. 0445814114.1 NOTE: THE LAW PROVIDES THAT: (a) If this süñ-encñs is served by its delivery to you personally within the County of New York, you must appear and answer within TWENTY days after such service; or (b) If this s==ëss is served by delivery to any person other than you personally, or is served outside the County of New York, or by the p - -a, or by any means other than personal delivery to you within the County of New York, you are allowed THIRTY days after proof of service thereof is filed with the Clerk of this Court within which to appear and answer. (c) You are required to file a copy of your answer together with proof of service with the clerk of the court in which the action is brought within ten days of the service of the answer. If your vehicle was insured on the date of this accident. you should issediately advise your insurañcc carrier of the cüñ‡cats of this Su==nns. 2 of 7 FILED: NEW YORK COUNTY CLERK 09/14/2020 03:04 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020 FILED: NEW YORK COUNTY CLERK 09/14/2020 03:04 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020 FILED: NEW YORK COUNTY CLERK 09/14/2020 03:04 PM INDEX NO. 151434/2020 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 09/14/2020 FILED:: NEW IFILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/14/2020 02 /07 /2020 03:04 02 : 43 PM PNG INDEX INDEX NO. NO. 151434/2020 151434/2020 NYSCEF NYSCEF DOC. DOC. NO. NO. 19 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/14/2020 02/07/2020 29. The Court has jurisdiction over the within matter based upon the locus of the underlying action in New York County, New York. WHEREFORE, Plaintiff demañds judgment against the Defendants for the sum of $139,778.56 together with interest from February 10, 2017, along with costs and disbursements of this action. 7"1 DATED: the day of February, 2020 Yours, etc., Steve Sophocleous, Esq. Law Offices of Karen L. Lawrence Attorney for Plaintiff 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201 Telephone: (718) 451-7106 Our File No. 0445814114.1 6 of 7 FILED:: NEW IFILED NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/14/2020 02 /07 /2020 03:04 02 : 43 PM INDEX INDEX NO. NO. 151434/2020 151434/2020 PNG NYSCEF NYSCEF DOC. DOC. NO. NO. 19 1 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/14/2020 02/07/2020 ATTORNEY AFFIRMATION STATE OF NY ) ) ss: COUNTY OF KINGS ) Steve Sopliocleous, an attorney admitted to practice before the courts of this state, affirms pursuant to C.P.L.R. Rule 2106 that she is an attorney associated with the attorneys for the Plaintiff in the within entitled action, and has read the foregoing SUMMONS & VERIFIED COMPLAINT and knows the contents thereof and the same is true to the knowledge of the deponent, except as to the matters herein stated to be alleged upon information and belief and that as to those matters believes it to be true. Deponent further states that the reason why this verification is made by the deponent and not made by the Plaintiff Subrogee is beceüse the said Plaintiff Subrogee is a foreign corporation and deponent is an attorney designated by said corporation for the purpose of initiating this litigation. That the grounds of deponent's belief as to all matters not therein stated to be alleged upon knowledge are investigations and information received by deponent in the course of duties as an attorney for the said Plaintiff. 7"1 DATED: the day of February, 2020 STEVE SOPHOCLEOUS, ESQ. 7 of 7 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF SWAROOPA REDDY DESAI, Plaintiff(s), DEMAND PURSUANT TO CPLR 3017(c) -against- JMJ TURTLE BAY HOLDINGS, LLC, DENNIS PETROCELLI, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, Defendant(s). -------------------------------------------------------------------------X C O U N S E L: Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this request, you are hereby required to set forth the total damages to which plaintiff(s) deems himself/herself entitled and list same separately for each cause of action. Dated: New York, New York March 20, 2020 Yours, etc. Law Office Of JAMES J. TOOMEY By: LISA M. JAMES Attorneys for Defendant(s) JMJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI Mailing Address2 P.O. Box 2903 Hartford, CT 06104-2903 T: (917) 778-6600 F: (877) 890-1328 Matter No.: 2020022935 2 Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017 3 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 TO: Adam Shapiro, Esq. LAW OFFICE OF KAREN L. LAWRENCE Attorney(s) for Plaintiff 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201 (718) 451-7106 File No.: 0445814114.1 4 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF SWAROOPA REDDY DESAI, Plaintiff(s), ANSWER -against- JMJ TURTLE BAY HOLDINGS, LLC, DENNIS PETROCELLI, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, Defendant(s). -------------------------------------------------------------------------X C O U N S E L: The defendants, JMJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI, by their attorneys, THE LAW OFFICE OF JAMES J. TOOMEY, answering the Complaint of the plaintiffs, allege upon information and belief, the following: 1. Denies any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs of the Complaint designated 1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 26, 27 and 29. 2. Denies each and every allegation contained in the paragraph of the Complaint designated 5 and 24. 3. Denies each and every allegation contained in the paragraph of the Complaint designated 25 and 28, and respectfully refers all questions of law to this Honorable Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 4. That by entering into the activity in which plaintiff was engaged at the time of the occurrence set forth in the Complaint, said plaintiff knew the hazards thereof, the risks inherent thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were 5 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 sustained by plaintiff as alleged in the Complaint arose from and were caused by reason of such inherent risks voluntarily undertaken by the plaintiff in his/her activities and such risks were assumed and accepted by him/her in performing and engaging in said activities. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 5. That the plaintiff's alleged damages representing the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss were or will, with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral source and this Court shall, pursuant to CPLR Section 4545, reduce the amount of such alleged damages by the amount such damages were or will be replaced or indemnified by such collateral source. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 6. This party's responsibility for non-economic loss, if any, which is expressly denied herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto, who is or may be responsible for the happening of plaintiff's alleged accident and, thus, this party is entitled to a limitation of damages as set forth in CPLR Article 16. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 7. The injuries and damages allegedly sustained by plaintiff were caused in whole or in part by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of which the claim of plaintiff is therefore barred or diminished in the proportion that such culpable conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 8. The Complaint fails to set forth facts sufficient to constitute any cause of action upon which relief can be granted as to the answering defendant. 6 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 9. The Complaint fails to state a cause of action upon which relief can be granted as to this party. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 10. That in the event plaintiff has or should in the future, settle any portion of the claims arising from the allegations contained in plaintiff’s Complaint with any currently named or still to be named defendant(s), the respective rights of the remaining parties should be determined pursuant to Section 15-108 of the General Obligations Law. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: 11. Plaintiff’s injuries, if any, were caused by the culpable conduct of parties other than the answering defendant and over when defendant had no control. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: 12. That the plaintiff failed to include a party, as plaintiff, who ought to be included in this action. AS AND FOR A TENTH AFFIRMATIVE DEFENSE: 13. The Court has no jurisdiction over the subject matter of this action. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE: 14. The answering defendant reserves the right to assert additional affirmative defenses as warranted based on the results of further investigation and discovery in this matter. AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION AGAINST CO-DEFENDANTS, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, THESE DEFENDANTS ALLEGE THE FOLLOWING: 15. That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth in the Complaint through any carelessness, recklessness and/or negligence other than the 7 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 plaintiff’s own, such damages were sustained in whole or in part due to the primary and active carelessness, recklessness and negligence and/or negligent acts of omission or commission of the co-defendant(s), its agent(s), servant(s) and/or employee(s) with the negligence of the answering defendant(s), if any, being secondary, derivative and created solely by operation of law. 16. If plaintiff should recover judgment against the answering defendant(s), then co- defendant(s) shall be liable to fully indemnify the answering defendant(s) for the amount of any recovery obtained herein by plaintiff against the answering defendant(s) as the Court or jury may direct. 17. That by reason of this action, answering defendant(s) have been and will be put to costs and expenses, including attorneys’ fees, and, the defendant(s) demand judgment dismissing the Complaint herein as to the defendant(s) and, further, demand judgment over and against co- defendant(s) for the amount of any judgment which may be obtained herein by the plaintiff against the answering defendant(s) or in such amount as a Court or jury may determine, together with the costs and disbursements of the action. AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION/NEGLIGENCE LAW AGAINST CO-DEFENDANTS, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, THIS DEFENDANT ALLEGES THE FOLLOWING: 18. That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth in the Complaint through any carelessness, recklessness and/or negligence other than the plaintiff’s own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co- defendant(s), its agent(s), servant(s) and/or employee(s). 19. Further, if plaintiff should recover judgment against the answering defendant(s), the co- defendant(s) shall be liable to the defendant(s) on the basis of apportionment of responsibility for 8 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 the alleged occurrence and the defendant(s) are entitled to contribution from and judgment over and against co-defendant(s) for all or part of any verdict or judgment which plaintiff may recover in such amounts as a jury or Court may direct. 20. The defendant(s) demand judgment dismissing the Complaint herein as to the answering defendant(s), and further demand judgment over and against co-defendant(s) for the amount of any judgment which may be obtained herein by plaintiff against the answering defendant(s) or in such amount as the Court or jury may determine, together with the costs and disbursements of the action. WHEREFORE, defendant demands judgment dismissing plaintiff's Complaint against it, together with the costs and disbursements of this action, and further demands that in the event said answering defendant is found liable to plaintiff herein, then said answering defendants, on the basis of apportionment of responsibility, have judgment over and against co-defendants, for all or part of the verdict or judgment that plaintiff may recover against said answering defendant together with the costs and disbursements of this action and for any expenses incurred by it in the defense thereof, including attorney fees. Dated: New York, New York March 20, 2020 Yours, etc. Law Office Of JAMES J. TOOMEY By: LISA M. JAMES Attorneys for Defendant(s) JMJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI Mailing Address3 P.O. Box 2903 Hartford, CT 06104-2903 T: (917) 778-6600 F: (877) 890-1328 3 Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017 9 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 Matter No.: 2020022935 TO: Adam Shapiro, Esq. LAW OFFICE OF KAREN L. LAWRENCE Attorney(s) for Plaintiff 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201 (718) 451-7106 File No.: 0445814114.1 10 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X ALLSTATE INDEMNITY COMPANY as subrogee of Index No.: 151434/20 ECF SWAROOPA REDDY DESAI, Plaintiff(s), NOTICE OF REVOCATION OF SERVICE BY FAX -against- JMJ TURTLE BAY HOLDINGS, LLC, DENNIS PETROCELLI, RUBIN MENG, ANTHONY PANTALEONI, GENESIS WILSON, THE RELATED COMPANY and RELATED MANAGEMENT, Defendant(s). -------------------------------------------------------------------------X C O U N S E L: PLEASE TAKE NOTICE, that we will not accept service of any papers by electronic means such as FACSIMILE MACHINE pursuant to CPLR Rule 2103(b)(5). The presence of any fax number on letterhead or other papers does not constitute a waiver of this Notice. Dated: New York, New York March 20, 2020 Yours, etc. Law Office Of JAMES J. TOOMEY By: LISA M. JAMES Attorneys for Defendant(s) JMJ TURTLE BAY HOLDINGS, LLC and DENNIS PETROCELLI Mailing Address7 P.O. Box 2903 Hartford, CT 06104-2903 T: (917) 778-6600 F: (877) 890-1328 Matter No.: 2020022935 7 Office Address: 485 Lexington Avenue, 7th Floor, New York, NY 10017 26 of 27 05/06/2020 03:04 FILED: NEW YORK COUNTY CLERK 09/14/2020 04:17 PM INDEX NO. 151434/2020 8 NYSCEF DOC. NO. 19 05/06/2020 RECEIVED NYSCEF: 09/14/2020 TO: Adam Shapiro, Esq. LAW OFFICE OF KAREN L. LAWRENCE Attorney(s) for Plaintiff 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201 (718) 451-7106 File No.: 0445814114.1 27 of 27