Preview
FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
ANTHONY J. SORRENTINO, VERIFIED ANSWER
Plaintiff, Index No. 614283/2023
-against-
TIMOTHY P. CARROLL,
Defendant.
----------------------------------------------------------------------X
Defendant TIMOTHY P. CARROLL, by his attorneys, PILLINGER MILLER
TARALLO, LLP, upon information and belief, answers the Complaint of plaintiff as follows:
1. Denies any knowledge or information sufficient to form a belief as to the truth of the
allegations contained in the paragraphs of the Complaint herein designated as: “1”; “2”; “3”; “6”;
“10”; “11”; “12”; “19”.
2. Denies each and every allegation contained in the paragraphs of the Complaint herein
designated as: “7”; “13”; “14”; “15”; “16”; “17”; “18”.
3. Admits the truth of the allegations contained in the paragraphs of the Complaint herein
designated as: “4”; “5”; “8”; “9”.
PLEASE TAKE NOTICE that affirmative defenses are set forth as follows:
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
4. That the amount recoverable shall be diminished in the proportion which the culpable
conduct attributable to plaintiff bears to the culpable conduct which caused the damages,
including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
5. That plaintiff failed and/or refused to take reasonable steps to avoid, minimize and/or
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mitigate his/her injuries and/or damages.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
6. That plaintiff did not suffer any serious injury as defined by Section 5102 of the
Insurance Law of the State of New York nor has plaintiff sustained any economic loss as defined
in Sections 5102 and 5104 of the Insurance Law of the State of New York.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
7. That in the event plaintiff herein has made a claim for no-fault benefits and have
submitted any dispute he/she may have had to Arbitration, then the decision of the arbitrator(s)
as to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this
lawsuit.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
8. That plaintiff was not wearing a seat belt at the time of the alleged occurrence and
accordingly any award made to and accepted by plaintiff for injuries set forth in the Complaint
must be reduced in such proportion to the extent that the injuries complained of were caused,
aggravated, or contributed to by plaintiff’s failure to wear a seat belt and to have same
operational at the time of the occurrence.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
9. That plaintiff has failed to join all parties necessary for just adjudication of the issues
raised in the Complaint and this Answer.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
10. That the within claim fails to state a cause of action upon which relief may be granted.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:
11. Any past or future costs or expenses incurred or to be incurred by plaintiff for medical
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care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss,
has been, with reasonable certainty, replaced or indemnified, in whole or in part, from a
collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
12. Although this answering defendant specifically denies liability for the occurrence and
damages complained of, if this answering defendant is found liable for such occurrence and
damages, this answering defendant’s share of liability is fifty percent (50%) or less of the total
liability assigned to all persons or entities liable and, pursuant to Section 1601 of the Civil
Practice Law and Rules, the liability of this answering defendant to plaintiff for the non-
economic loss shall not exceed this answering defendant’s equitable share determined in
accordance with the relative culpability of each person causing or contributing to the total
liability for non-economic loss.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE:
13. Upon information and belief, future costs and/or expenses incurred, or to be incurred by
plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings
and/or other economic loss, has been, or with reasonable certainty will be, replaced or
indemnified in whole or in part from a collateral source as defined in §4545(c) of the New York
CPLR.
14. If any damages are recoverable against this answering defendant, the amount of such
damages shall be diminished by the amount of funds which plaintiff has or shall receive from
such collateral source.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
15. That plaintiff voluntarily engaged in a dangerous activity and, in so doing, assumed the
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risks attendant thereto, and those risks were open, obvious and known.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE:
16. That the negligence, fault and culpable conduct of plaintiff herein caused the incident in
which plaintiff was injured and the injuries resulting therefrom.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE:
17. Any judgment entered in favor of plaintiff should be reduced pursuant to GOL 15-108 by
the amount of any settlement, release, covenant not to sue or covenant not to enforce a judgment
or the amount of consideration paid by any person or entity liable to plaintiff for the injuries
alleged in the Complaint.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE:
18. That the liability of this answering defendant is limited under the terms of Article 16 of
the CPLR.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE:
19. That plaintiff’s injuries were caused by the preceding, intervening or superseding acts,
fault and negligence of other persons whether or not parties to this case so that the principles of
comparative fault should be applied among all persons and entities involved in this incident,
whether or not parties to this cause.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE:
20. That plaintiff’s alleged injuries and damages were caused by the fault, negligence and
carelessness of plaintiff and/or of other persons whether or not parties to this case.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE:
21. That this answering defendant was confronted with an emergency situation and acted
reasonably in view thereof.
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AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE:
22. That this answering defendant’s conduct in operation, management and/or control of this
motor vehicle was reasonable and proper under the conditions, facts and circumstances giving
rise to the accident.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE:
23. To the extent that plaintiff failed to obtain coverage available to plaintiff as an individual
or as a family member, which plaintiff is eligible to obtain, then plaintiff has failed to mitigate
plaintiff’s damages and cannot recover for such failure.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE:
24. To the extent that plaintiff failed to take reasonable steps to protect plaintiff from medical
costs, healthcare or life care costs or to avail plaintiff of the resources, service benefits and
coverage available to plaintiff under the Affordable Care Act, then plaintiff failed to mitigate
plaintiff’s damages and cannot recover for such failure.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE:
25. That this answering defendant reserves the right, until completion of its investigation and
discovery, which is ongoing and incomplete, to file such additional defenses as may be
appropriate.
WHEREFORE, defendant demands judgment dismissing the Complaint of plaintiff
against it, together with the costs and disbursements of this action.
Dated: Elmsford, New York
December 15, 2023
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Yours, etc.,
PILLINGER MILLER TARALLO, LLP
By: /Shawn M. Weakland/
SHAWN M. WEAKLAND
Attorneys for Defendant
Timothy P. Carroll
555 Taxter Road, 5th Floor
Elmsford, New York 10523
(914) 703-6300
PMT File No. GIC-02401/SMW
TO:
WILLIAM M. GOLDRICK, ESQ.
Attorney for Plaintiff
Anthony J. Sorrentino
1873 Wantagh Avenue
Wantagh, New York 11793
(516) 783-7474
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VERIFICATION
SHAWN M. WEAKLAND, an attorney duly admitted to practice law in the State of New
York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR
2106:
I am partner with of Pillinger Miller Tarallo, LLP, and I have read the contents of the
foregoing and it is true of my own knowledge, except as to the matters therein stated to be
alleged on information and belief and that as to those matters I believe them to be true.
(X) I make this verification because defendant, TIMOTHY P.
CARROLL, resides outside of the county where Pillinger Miller
Tarallo, LLP maintains its office.
Dated: Elmsford, New York
December 15, 2023
__________________________________
SHAWN M. WEAKLAND
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023
INDEX NO. 614283/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ANTHONY J. SORRENTINO,
PLAINTIFF,
-AGAINST-
TIMOTHY P. CARROLL,
DEFENDANT.
VERIFIED ANSWER
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendant
Timothy P. Carroll
555 Taxter Road, 5th Floor
Elmsford, New York 10523
(914) 703-6300
GIC-02401/SMW
CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a
Shawn M. Weakland hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing VERIFIED ANSWER is/are
neither frivolous nor frivolously presented.
Dated: Elmsford, New York
December 15, 2023 /Shawn M. Weakland/
SHAWN M. WEAKLAND
PLEASE TAKE NOTICE
☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on
☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of
the judges of the within named Court at , on at 9:30 a.m.
PILLINGER MILLER TARALLO, LLP
Attorneys for Defendant
Timothy P. Carroll
555 Taxter Road, 5th Floor
Elmsford, New York 10523
(914) 703-6300
PMT File No. GIC-02401/SMW
SMW/kxh
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Preview
FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ANTHONY J. SORRENTINO, VERIFIED ANSWER Plaintiff, Index No. 614283/2023 -against- TIMOTHY P. CARROLL, Defendant. ----------------------------------------------------------------------X Defendant TIMOTHY P. CARROLL, by his attorneys, PILLINGER MILLER TARALLO, LLP, upon information and belief, answers the Complaint of plaintiff as follows: 1. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Complaint herein designated as: “1”; “2”; “3”; “6”; “10”; “11”; “12”; “19”. 2. Denies each and every allegation contained in the paragraphs of the Complaint herein designated as: “7”; “13”; “14”; “15”; “16”; “17”; “18”. 3. Admits the truth of the allegations contained in the paragraphs of the Complaint herein designated as: “4”; “5”; “8”; “9”. PLEASE TAKE NOTICE that affirmative defenses are set forth as follows: AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 4. That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, plaintiff's contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 5. That plaintiff failed and/or refused to take reasonable steps to avoid, minimize and/or 1 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 mitigate his/her injuries and/or damages. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 6. That plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance Law of the State of New York nor has plaintiff sustained any economic loss as defined in Sections 5102 and 5104 of the Insurance Law of the State of New York. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 7. That in the event plaintiff herein has made a claim for no-fault benefits and have submitted any dispute he/she may have had to Arbitration, then the decision of the arbitrator(s) as to any and all issues decided by said arbitrator(s) shall collaterally estop plaintiff in this lawsuit. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 8. That plaintiff was not wearing a seat belt at the time of the alleged occurrence and accordingly any award made to and accepted by plaintiff for injuries set forth in the Complaint must be reduced in such proportion to the extent that the injuries complained of were caused, aggravated, or contributed to by plaintiff’s failure to wear a seat belt and to have same operational at the time of the occurrence. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: 9. That plaintiff has failed to join all parties necessary for just adjudication of the issues raised in the Complaint and this Answer. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 10. That the within claim fails to state a cause of action upon which relief may be granted. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE: 11. Any past or future costs or expenses incurred or to be incurred by plaintiff for medical 2 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss, has been, with reasonable certainty, replaced or indemnified, in whole or in part, from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: 12. Although this answering defendant specifically denies liability for the occurrence and damages complained of, if this answering defendant is found liable for such occurrence and damages, this answering defendant’s share of liability is fifty percent (50%) or less of the total liability assigned to all persons or entities liable and, pursuant to Section 1601 of the Civil Practice Law and Rules, the liability of this answering defendant to plaintiff for the non- economic loss shall not exceed this answering defendant’s equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss. AS AND FOR A TENTH AFFIRMATIVE DEFENSE: 13. Upon information and belief, future costs and/or expenses incurred, or to be incurred by plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings and/or other economic loss, has been, or with reasonable certainty will be, replaced or indemnified in whole or in part from a collateral source as defined in §4545(c) of the New York CPLR. 14. If any damages are recoverable against this answering defendant, the amount of such damages shall be diminished by the amount of funds which plaintiff has or shall receive from such collateral source. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE: 15. That plaintiff voluntarily engaged in a dangerous activity and, in so doing, assumed the 3 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 risks attendant thereto, and those risks were open, obvious and known. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE: 16. That the negligence, fault and culpable conduct of plaintiff herein caused the incident in which plaintiff was injured and the injuries resulting therefrom. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE: 17. Any judgment entered in favor of plaintiff should be reduced pursuant to GOL 15-108 by the amount of any settlement, release, covenant not to sue or covenant not to enforce a judgment or the amount of consideration paid by any person or entity liable to plaintiff for the injuries alleged in the Complaint. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE: 18. That the liability of this answering defendant is limited under the terms of Article 16 of the CPLR. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE: 19. That plaintiff’s injuries were caused by the preceding, intervening or superseding acts, fault and negligence of other persons whether or not parties to this case so that the principles of comparative fault should be applied among all persons and entities involved in this incident, whether or not parties to this cause. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE: 20. That plaintiff’s alleged injuries and damages were caused by the fault, negligence and carelessness of plaintiff and/or of other persons whether or not parties to this case. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE: 21. That this answering defendant was confronted with an emergency situation and acted reasonably in view thereof. 4 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE: 22. That this answering defendant’s conduct in operation, management and/or control of this motor vehicle was reasonable and proper under the conditions, facts and circumstances giving rise to the accident. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE: 23. To the extent that plaintiff failed to obtain coverage available to plaintiff as an individual or as a family member, which plaintiff is eligible to obtain, then plaintiff has failed to mitigate plaintiff’s damages and cannot recover for such failure. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE: 24. To the extent that plaintiff failed to take reasonable steps to protect plaintiff from medical costs, healthcare or life care costs or to avail plaintiff of the resources, service benefits and coverage available to plaintiff under the Affordable Care Act, then plaintiff failed to mitigate plaintiff’s damages and cannot recover for such failure. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE: 25. That this answering defendant reserves the right, until completion of its investigation and discovery, which is ongoing and incomplete, to file such additional defenses as may be appropriate. WHEREFORE, defendant demands judgment dismissing the Complaint of plaintiff against it, together with the costs and disbursements of this action. Dated: Elmsford, New York December 15, 2023 5 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 Yours, etc., PILLINGER MILLER TARALLO, LLP By: /Shawn M. Weakland/ SHAWN M. WEAKLAND Attorneys for Defendant Timothy P. Carroll 555 Taxter Road, 5th Floor Elmsford, New York 10523 (914) 703-6300 PMT File No. GIC-02401/SMW TO: WILLIAM M. GOLDRICK, ESQ. Attorney for Plaintiff Anthony J. Sorrentino 1873 Wantagh Avenue Wantagh, New York 11793 (516) 783-7474 6 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 VERIFICATION SHAWN M. WEAKLAND, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am partner with of Pillinger Miller Tarallo, LLP, and I have read the contents of the foregoing and it is true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. (X) I make this verification because defendant, TIMOTHY P. CARROLL, resides outside of the county where Pillinger Miller Tarallo, LLP maintains its office. Dated: Elmsford, New York December 15, 2023 __________________________________ SHAWN M. WEAKLAND 7 of 8 FILED: NASSAU COUNTY CLERK 12/15/2023 11:58 AM INDEX NO. 614283/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/15/2023 INDEX NO. 614283/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ANTHONY J. SORRENTINO, PLAINTIFF, -AGAINST- TIMOTHY P. CARROLL, DEFENDANT. VERIFIED ANSWER PILLINGER MILLER TARALLO, LLP Attorneys for Defendant Timothy P. Carroll 555 Taxter Road, 5th Floor Elmsford, New York 10523 (914) 703-6300 GIC-02401/SMW CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. § 130-1. 1a Shawn M. Weakland hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1.1a, the foregoing VERIFIED ANSWER is/are neither frivolous nor frivolously presented. Dated: Elmsford, New York December 15, 2023 /Shawn M. Weakland/ SHAWN M. WEAKLAND PLEASE TAKE NOTICE ☐ that the within is a true copy of a entered in the office of the clerk of the within named Court on ☐ that a of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at , on at 9:30 a.m. PILLINGER MILLER TARALLO, LLP Attorneys for Defendant Timothy P. Carroll 555 Taxter Road, 5th Floor Elmsford, New York 10523 (914) 703-6300 PMT File No. GIC-02401/SMW SMW/kxh 8 of 8