Preview
FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
UTICA NATIONAL INSURANCE COMPANY OF
OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH
INSTITUTE CENTRAL SCHOOL DISTRICT,
Plaintiff,
ANSWER WITH
CROSS-CLAIM
-vs- INDEX NO.: 809591/2020
CONCEPT CONSTRUCTION CORP.
ARRIC CORP.
GUARD CONTRACTING CORP. and
STROMECKI ENGINEERS, P.C.,
Defendants
The defendant, Stromecki Engineers, P.C., by Sugarman Law Firm, LLP, answering the
complaint of the plaintiff, alleges:
1. ADMITS the allegations contained in paragraphs “14”, “15”, “16” and “19”.
2. DENIES knowledge and information sufficient to form a belief as to the
allegations contained in paragraphs “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”,
“13”,”17”, “18”, “20” and “23”.
3. DENIES the allegations contained in paragraphs “21”, “24” and “25”.
4. With respect to paragraphs “22”, defendant repeats, reiterates, and realleges each
and every admission and denial heretofore made with the same force and effect as if more fully
set forth herein.
5. DENIES each and every other allegation not hereinbefore specifically admitted,
controverted or denied.
Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203
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FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020
AS AND FOR A FIRST AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
6. That whatever damages were allegedly sustained by Springville-Griffith Institute
Central School were caused or were contributed to by the culpable conduct of the Springville-
Griffith Institute Central School and the plaintiff's damages, if any, shall be diminished in the
proportion which the culpable conduct attributable to Springville-Griffith Institute Central
School bears to the culpable conduct which caused the damages.
AS AND FOR A SECOND AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
7. That if Springville-Griffith Institute Central School sustained any damages at the
time and place alleged in the complaint, Springville-Griffith Institute Central School has failed to
mitigate those damages.
AS AND FOR A THIRD AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
8. That the recovery in this case must be reduced according to Section 15-108 of the
General Obligations Law.
AS AND FOR A FOURTH AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
9. That the defendant’s liability, if any, is limited according to Article 16 of the
CPLR.
AS AND FOR A FIFTH AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
10. The Springville-Griffith Institute Central School and this answering defendant
were not in privity of contract, and as a result, some or all of the claims against defendants fail to
state a cause of action.
Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203
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FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020
AS AND FOR A SIXTH AFFIRMATIVE
DEFENSE, THE DEFENDANT ALLEGES:
11. Upon information and belief, Springville-Griffith Institute Central School District
contracted with Concept Construction Corporation for the project for which work was being
performed on the date of the collapse.
12. Pursuant to that contract, Springville-Griffith Institute Central School District
waived its right to bring an action for any losses which it was reimbursed by property insurance.
13. The waiver in said contract applies to the claims made in this case against
Stromecki Engineers, P. C., therefore plaintiff's complaint against Stromecki Engineers, P. C.,
should be dismissed in its entirety.
AS AND FOR A CROSS-CLAIM AGAINST
CONCEPT CONSTRUCTION CORP.; ARRIC
CORP. and GUARD CONTRACTING CORP,
THIS DEFENDANT ALLEGES:
14. That if the plaintiff sustained any damages at the time and place alleged in the
complaint, such damages were caused by the culpable conduct of Concept Construction Corp.;
Arric Corp. and Guard Contracting Corp., and if any judgment is obtained against this defendant,
then this defendant demands judgment over against Concept Construction Corp.; Arric Corp. and
Guard Contracting Corp., for contribution pursuant to CPLR Article 14 and/or indemnity for any
part or all of the judgment awarded.
WHEREFORE, the defendant, Stromecki Engineers, P.C., demands judgment
dismissing the complaint, or alternatively that any recovery be reduced according to the plaintiff's
degree of culpability. That if any recovery is awarded to the plaintiff, defendant demands
judgment on the cross-claim against Concept Construction Corp.; Arric Corp. and Guard
Contracting Corp., for any part or all of the judgment found against this defendant, together with
Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203
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FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020
the costs and disbursements of this action.
Dated: Buffalo, New York
December 29, 2020
BRIAN SUTTER, ESQ.
SUGARMAN LAW FIRM, LLP
Attorneys for Stromecki Engineers, P.C.
Office and Post Office Address
1600 Rand Building
14 Lafayette Square
Buffalo, New York 14203
Telephone: (716) 847-2523
TO:
MURA & STORM, PLLC
Attorneys for Utica National a/s/o Springville-Griffith Institute
Central School District
Office and Post Office Address
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
Telephone: (716) 855-2800
DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP
Attorneys for Concept Construction Corp.
Office and Post Office Address
701 Seneca Street, Suite 750
Buffalo, New York 14210
Telephone: (716) 855-1111
Attorneys for Arric Corp.
As They May Appear
Attorneys for Guard Contracting Corp.
As They May Appear
Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203
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Preview
FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE UTICA NATIONAL INSURANCE COMPANY OF OHIO AS SUBROGEE OF SPRINGVILLE-GRIFFITH INSTITUTE CENTRAL SCHOOL DISTRICT, Plaintiff, ANSWER WITH CROSS-CLAIM -vs- INDEX NO.: 809591/2020 CONCEPT CONSTRUCTION CORP. ARRIC CORP. GUARD CONTRACTING CORP. and STROMECKI ENGINEERS, P.C., Defendants The defendant, Stromecki Engineers, P.C., by Sugarman Law Firm, LLP, answering the complaint of the plaintiff, alleges: 1. ADMITS the allegations contained in paragraphs “14”, “15”, “16” and “19”. 2. DENIES knowledge and information sufficient to form a belief as to the allegations contained in paragraphs “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”,”17”, “18”, “20” and “23”. 3. DENIES the allegations contained in paragraphs “21”, “24” and “25”. 4. With respect to paragraphs “22”, defendant repeats, reiterates, and realleges each and every admission and denial heretofore made with the same force and effect as if more fully set forth herein. 5. DENIES each and every other allegation not hereinbefore specifically admitted, controverted or denied. Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203 1 of 4 FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020 AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 6. That whatever damages were allegedly sustained by Springville-Griffith Institute Central School were caused or were contributed to by the culpable conduct of the Springville- Griffith Institute Central School and the plaintiff's damages, if any, shall be diminished in the proportion which the culpable conduct attributable to Springville-Griffith Institute Central School bears to the culpable conduct which caused the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 7. That if Springville-Griffith Institute Central School sustained any damages at the time and place alleged in the complaint, Springville-Griffith Institute Central School has failed to mitigate those damages. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 8. That the recovery in this case must be reduced according to Section 15-108 of the General Obligations Law. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 9. That the defendant’s liability, if any, is limited according to Article 16 of the CPLR. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 10. The Springville-Griffith Institute Central School and this answering defendant were not in privity of contract, and as a result, some or all of the claims against defendants fail to state a cause of action. Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203 2 of 4 FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE, THE DEFENDANT ALLEGES: 11. Upon information and belief, Springville-Griffith Institute Central School District contracted with Concept Construction Corporation for the project for which work was being performed on the date of the collapse. 12. Pursuant to that contract, Springville-Griffith Institute Central School District waived its right to bring an action for any losses which it was reimbursed by property insurance. 13. The waiver in said contract applies to the claims made in this case against Stromecki Engineers, P. C., therefore plaintiff's complaint against Stromecki Engineers, P. C., should be dismissed in its entirety. AS AND FOR A CROSS-CLAIM AGAINST CONCEPT CONSTRUCTION CORP.; ARRIC CORP. and GUARD CONTRACTING CORP, THIS DEFENDANT ALLEGES: 14. That if the plaintiff sustained any damages at the time and place alleged in the complaint, such damages were caused by the culpable conduct of Concept Construction Corp.; Arric Corp. and Guard Contracting Corp., and if any judgment is obtained against this defendant, then this defendant demands judgment over against Concept Construction Corp.; Arric Corp. and Guard Contracting Corp., for contribution pursuant to CPLR Article 14 and/or indemnity for any part or all of the judgment awarded. WHEREFORE, the defendant, Stromecki Engineers, P.C., demands judgment dismissing the complaint, or alternatively that any recovery be reduced according to the plaintiff's degree of culpability. That if any recovery is awarded to the plaintiff, defendant demands judgment on the cross-claim against Concept Construction Corp.; Arric Corp. and Guard Contracting Corp., for any part or all of the judgment found against this defendant, together with Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203 3 of 4 FILED: ERIE COUNTY CLERK 12/29/2020 05:06 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/29/2020 the costs and disbursements of this action. Dated: Buffalo, New York December 29, 2020 BRIAN SUTTER, ESQ. SUGARMAN LAW FIRM, LLP Attorneys for Stromecki Engineers, P.C. Office and Post Office Address 1600 Rand Building 14 Lafayette Square Buffalo, New York 14203 Telephone: (716) 847-2523 TO: MURA & STORM, PLLC Attorneys for Utica National a/s/o Springville-Griffith Institute Central School District Office and Post Office Address 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 Telephone: (716) 855-2800 DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP Attorneys for Concept Construction Corp. Office and Post Office Address 701 Seneca Street, Suite 750 Buffalo, New York 14210 Telephone: (716) 855-1111 Attorneys for Arric Corp. As They May Appear Attorneys for Guard Contracting Corp. As They May Appear Sugarman Law Firm, LLP C 1600 Rand Building C 14 Lafayette Square C Buffalo, New York 14203 4 of 4