Preview
FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERT LYNN, Index No.: 522833/2023
Plaintiff, VERIFIED ANSWER
ON BEHALF OF
– against – DEFENDANT TARGET
CONSTRUCTION LLC
555 BROADWAY LLC, JOEJACK BROADWAY LLC
and TARGET CONSTRUCTION LLC,
Defendants.
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Defendant, TARGET CONSTRUCTION LLC (hereinafter “answering defendant”), by
its attorneys, LITCHFIELD CAVO LLP, as and for its verified answer to the verified complaint
dated August 7, 2023 (hereinafter the verified complaint), states the following:
AS FOR AN ANSWER TO FIRST CAUSE OF ACTION
1. Answering defendant denies knowledge and information sufficient to form a belief
as to the truth of each and every allegation contained in the paragraphs numbered as “1”, “3”, “4”,
“5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “15” ,“16”, “18”, “19”, “21”, “22”, “24”, “25”, “27”,
“28”, “29”, “30”, “31”, “32”, “33”, “34”, “39”, “40”, “42”, “43”, “45”, “46”, “48”, “49”, “51”,
and “52” of the verified complaint, and refers all questions of law to the court and all questions of
fact to the trier thereof.
2. Answering defendant denies the truth of each and every allegation contained in the
paragraphs numbered as “2”, “11”, “14”, “17”, “20”, “23”, “26”, “35”, “36”, “37”, “38”, “41”,
“44”, “47”, “50”, “53”, “54”, “55”, “56”, “57”, “58”, “59” and “60” of the verified complaint, and
refers all questions of law to the court and all questions of fact to the trier thereof.
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AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
3. With respect to the paragraph numbered as “61” of the verified complaint,
answering defendant repeats, reiterates and realleges each and every admission and denial set forth
in the paragraphs numbered as “1” through “2” of this verified answer with the same force and
effect as if fully asserted at length in full herein.
4. Answering defendant denies knowledge and information sufficient to form a belief
as to the truth of each and every allegation contained in the paragraph numbered as “62” of the
verified complaint, and refers all questions of law to the court and all questions of fact to the trier
thereof.
5. Answering defendant denies the truth of each and every allegation contained in the
paragraphs numbered as “63” and “64” of the verified complaint, and refers all questions of law
to the court and all questions of fact to the trier thereof.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
6. With respect to the paragraph numbered as “65” of the verified complaint,
answering defendant repeats, reiterates and realleges each and every admission and denial set forth
in the paragraphs numbered as “1” through “5” of this verified answer with the same force and
effect as if fully asserted at length in full herein.
7. Answering defendant denies the truth of each and every allegation contained in the
paragraphs numbered as “66”, “67” and “68” of the verified complaint, and refers all questions of
law to the court and all questions of fact to the trier thereof.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
8. With respect to the paragraph numbered as “69” of the verified complaint,
answering defendant repeats, reiterates and realleges each and every admission and denial set forth
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in the paragraphs numbered as “1” through “7” of this verified answer with the same force and
effect as if fully asserted at length in full herein.
9. Answering defendant denies knowledge and information sufficient to form a belief
as to the truth of each and every allegation contained in the paragraph numbered as “70” of the
verified complaint, and refers all questions of law to the court and all questions of fact to the trier
thereof.
10. Answering defendant denies the truth of each and every allegation contained in the
paragraphs numbered as “71” and “72” of the verified complaint, and refers all questions of law
to the court and all questions of fact to the trier thereof.
AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
11. With respect to the paragraph numbered as “73” of the verified complaint,
answering defendant repeats, reiterates and realleges each and every admission and denial set forth
in the paragraphs numbered as “1” through “10” of this verified answer with the same force and
effect as if fully asserted at length in full herein.
12. Answering defendant denies knowledge and information sufficient to form a belief
as to the truth of each and every allegation contained in the paragraph numbered as “74” of the
verified complaint, and refers all questions of law to the court and all questions of fact to the trier
thereof.
13. Answering defendant denies the truth of each and every allegation contained in the
paragraphs numbered as “75” and “76” of the verified complaint, and refers all questions of law
to the court and all questions of fact to the trier thereof.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
14. Any injuries and/or damages sustained by the plaintiff as alleged in the verified
complaint herein, were caused in whole or in part by the contributory negligence and/or culpable
conduct of said plaintiff, and not as a result of any contributory negligence and/or culpable conduct
on the part of the answering defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
15. Plaintiff’s claims are barred for failure to state a cause of action, and facts in
support thereof, upon which relief can be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
16. Pursuant to CPLR Section 4545, any recovery by plaintiff should be reduced in
whole or in part, by reason of and the amount of plaintiff’s indemnification and/or reimbursement
from their insurance company or other collateral sources.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
17. That at all times alleged in the verified complaint, the plaintiff was engaged in an
activity which involved certain risks and hazards; that the plaintiff entered into such activity
knowing the risks, hazards and the possible dangers of injury resulting therefrom, and had
voluntarily accepted and assumed the same upon entering into and continuing in said activity.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
18. If there is any liability as to the answering defendant, Section 1601 of the CPLR
applies as to joint and several liability and limits the liability of the answering defendant and the
answering defendant claims entitlement to the benefits set forth.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
19. That accident and/or injury to the plaintiff, if any, occurred as a result of the
activities and/or acts of omission and/or commission of plaintiff or other parties over whom the
answering defendant had no control.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
20. If plaintiff secures judgment against answering defendant, and if answering
defendant is found to be fifty percent (50%) liable, then judgment against answering defendant for
non-economic loss as defined in Article 16 of the Civil Practice Law and Rules can only be held
against answering defendant to the extent it is found to be liable.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
21. That the alleged causes of action of plaintiff, as stated in the verified complaint, are
time-barred in that this action was not commenced within the period of the applicable statute of
limitations.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
22. That in the event of any award made to plaintiff, answering defendant is entitled to
a set-off with respect to the amounts of any and all payments made to plaintiff in settlement of any
claims arising out of the claims of damages or injuries alleged in this action pursuant to N.Y.
General Obligations Law §15-108.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
23. Plaintiff failed and/or refused to take reasonable steps to avoid, minimize and/or
mitigate his/hers/its alleged injuries and/or damages.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
24. Plaintiff lacks capacity to sue.
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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
25. The negligence of those responsible for the accident or the occurrence alleged in
the verified complaint, including plaintiff, constituted a separate, independent, superseding
intervening culpable act or acts which serve as the proximate cause of the accident or occurrence
alleged.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
26. Answering defendant reserves the right to claim the limitations of liability pursuant
to Article 16 of the New York Civil Practice Law and Rules (hereinafter CPLR), for any recovery
herein by plaintiff for non-economic loss.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
27. Plaintiff failed to join a necessary and indispensable party and therefore the verified
complaint must be dismissed.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
28. Plaintiff lacks standing to bring one or more of the causes of action set forth in the
verified complaint.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
29. Plaintiff’s claims are barred under the doctrines of res judicata and collateral
estoppel.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
30. Plaintiff’s claims are barred, enjoined and stopped by the plaintiff’s discharge in
bankruptcy.
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AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
31. Plaintiff’s claims are barred in whole or in part by the equitable doctrines of
estoppel and/or unclean hands.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
32. Answering defendant claims entitlement to release and payment to the extent that
the answering defendant is to respond in damages in an amount that exceeds any settlement
proceeds received by plaintiff.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
33. In the event that any person or entity liable or claimed to be liable for injuries and/or
damages claimed in this action has been given or may hereafter be given arbitration, the answering
defendant shall be entitled to protection under CPLR 3211 and a cause of action may not be
maintained.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
34. The injuries and damages alleged were caused by the culpable conduct of some
third person or persons over whom answering defendant neither had, nor exercised, control.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
35. That plaintiff was a special employee of the answering defendant herein.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
36. The New York State Workers’ Compensation law bars plaintiff’s claims against the
answering defendant and constitutes plaintiff’s sole source of relief for his alleged injuries.
AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
37. This action is subject to dismissal pursuant to CPLR 3211(a)(4) based on a prior
pending action.
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AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
38. The damages alleged to have been sustained by the plaintiff were caused in whole
or in part by the culpable conduct of the plaintiff or other parties without any culpable conduct on
the part of these defendants and, therefore, the amount of damages, if any, recovered by the
plaintiff from the answering defendant should be reduced pursuant to Article 14 and Article 14-A
of the New York Civil Practice Law and Rules in that proportion to which the culpable conduct
attributed to the plaintiff or others bears to the culpable conduct which caused said purported
damages.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
39. The answering defendant reserves its right to assert any and all additional defenses
as may be revealed by further investigation and discovery.
AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
40. That in the event that it is determined that Plaintiff was utilizing and/or wearing a
face mask, face shield, face covering, eye covering or any other device or apparatus upon or near
to Plaintiff’s face and/or eyes, answering defendant will claim Plaintiff’s diminished field of
vision as a defense.
WHEREFORE, Defendant, TARGET CONSTRUCTION LLC, demands judgment
dismissing the verified complaint in its favor; together with the costs and disbursements of this
action.
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To the best of my knowledge, information and belief, formed after an inquiry reasonable under the
circumstances, the presentation of this paper of contentions herein are not frivolous, as that term
is defined in Part 130 of the Court Rules.
Dated: New York, New York
November 20, 2023
LITCHFIELD CAVO LLP
By: _____________________________
Dennis J. Dozis
Attorneys for Defendants
555 BROADWAY LLC
JOEJACK BROADWAY LLC
and TARGET CONSTRUCTION LLC
420 Lexington Avenue, Suite 2104
New York, New York 10170
Tel: (212) 434-0100
Fax: (212) 434-0105
File No.: 5458-380D
Email: dozis@litchfieldcavo.com
TO: VIA NYSCEF
Shahar Azoulay, Esq.
LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC
Attorneys for Plaintiff
ROBERT LYNN
32 Old Slip, 8th Floor
New York, New York 10005
Tel: (212) 962-1020
File No.: 35312
Email: sazoulay@msllegal.com
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VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
DENNIS J. DOZIS, being duly sworn, states that he is a member of the law firm of
LITCHFIELD CAVO LLP attorneys for the defendant TARGET CONSTRUCTION LLC, in
this action, and that the foregoing VERIFIED ANSWER, is true to his knowledge, except as to
those matters therein stated upon information and belief, and as to those matters he believes them
to be true; that the grounds of his belief as to all matters not stated upon his knowledge are
correspondence and other writings furnished by the answering defendant and other documentation
maintained in the office of its attorneys.
Dated: New York, New York
November 20, 2023
__________________________________
DENNIS J. DOZIS
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Preview
FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------------X ROBERT LYNN, Index No.: 522833/2023 Plaintiff, VERIFIED ANSWER ON BEHALF OF – against – DEFENDANT TARGET CONSTRUCTION LLC 555 BROADWAY LLC, JOEJACK BROADWAY LLC and TARGET CONSTRUCTION LLC, Defendants. -------------------------------------------------------------------------------X Defendant, TARGET CONSTRUCTION LLC (hereinafter “answering defendant”), by its attorneys, LITCHFIELD CAVO LLP, as and for its verified answer to the verified complaint dated August 7, 2023 (hereinafter the verified complaint), states the following: AS FOR AN ANSWER TO FIRST CAUSE OF ACTION 1. Answering defendant denies knowledge and information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs numbered as “1”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “15” ,“16”, “18”, “19”, “21”, “22”, “24”, “25”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “39”, “40”, “42”, “43”, “45”, “46”, “48”, “49”, “51”, and “52” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 2. Answering defendant denies the truth of each and every allegation contained in the paragraphs numbered as “2”, “11”, “14”, “17”, “20”, “23”, “26”, “35”, “36”, “37”, “38”, “41”, “44”, “47”, “50”, “53”, “54”, “55”, “56”, “57”, “58”, “59” and “60” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 1 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 3. With respect to the paragraph numbered as “61” of the verified complaint, answering defendant repeats, reiterates and realleges each and every admission and denial set forth in the paragraphs numbered as “1” through “2” of this verified answer with the same force and effect as if fully asserted at length in full herein. 4. Answering defendant denies knowledge and information sufficient to form a belief as to the truth of each and every allegation contained in the paragraph numbered as “62” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 5. Answering defendant denies the truth of each and every allegation contained in the paragraphs numbered as “63” and “64” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 6. With respect to the paragraph numbered as “65” of the verified complaint, answering defendant repeats, reiterates and realleges each and every admission and denial set forth in the paragraphs numbered as “1” through “5” of this verified answer with the same force and effect as if fully asserted at length in full herein. 7. Answering defendant denies the truth of each and every allegation contained in the paragraphs numbered as “66”, “67” and “68” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 8. With respect to the paragraph numbered as “69” of the verified complaint, answering defendant repeats, reiterates and realleges each and every admission and denial set forth 2 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 in the paragraphs numbered as “1” through “7” of this verified answer with the same force and effect as if fully asserted at length in full herein. 9. Answering defendant denies knowledge and information sufficient to form a belief as to the truth of each and every allegation contained in the paragraph numbered as “70” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 10. Answering defendant denies the truth of each and every allegation contained in the paragraphs numbered as “71” and “72” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION 11. With respect to the paragraph numbered as “73” of the verified complaint, answering defendant repeats, reiterates and realleges each and every admission and denial set forth in the paragraphs numbered as “1” through “10” of this verified answer with the same force and effect as if fully asserted at length in full herein. 12. Answering defendant denies knowledge and information sufficient to form a belief as to the truth of each and every allegation contained in the paragraph numbered as “74” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 13. Answering defendant denies the truth of each and every allegation contained in the paragraphs numbered as “75” and “76” of the verified complaint, and refers all questions of law to the court and all questions of fact to the trier thereof. 3 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 14. Any injuries and/or damages sustained by the plaintiff as alleged in the verified complaint herein, were caused in whole or in part by the contributory negligence and/or culpable conduct of said plaintiff, and not as a result of any contributory negligence and/or culpable conduct on the part of the answering defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 15. Plaintiff’s claims are barred for failure to state a cause of action, and facts in support thereof, upon which relief can be granted. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 16. Pursuant to CPLR Section 4545, any recovery by plaintiff should be reduced in whole or in part, by reason of and the amount of plaintiff’s indemnification and/or reimbursement from their insurance company or other collateral sources. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 17. That at all times alleged in the verified complaint, the plaintiff was engaged in an activity which involved certain risks and hazards; that the plaintiff entered into such activity knowing the risks, hazards and the possible dangers of injury resulting therefrom, and had voluntarily accepted and assumed the same upon entering into and continuing in said activity. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 18. If there is any liability as to the answering defendant, Section 1601 of the CPLR applies as to joint and several liability and limits the liability of the answering defendant and the answering defendant claims entitlement to the benefits set forth. 4 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 19. That accident and/or injury to the plaintiff, if any, occurred as a result of the activities and/or acts of omission and/or commission of plaintiff or other parties over whom the answering defendant had no control. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 20. If plaintiff secures judgment against answering defendant, and if answering defendant is found to be fifty percent (50%) liable, then judgment against answering defendant for non-economic loss as defined in Article 16 of the Civil Practice Law and Rules can only be held against answering defendant to the extent it is found to be liable. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 21. That the alleged causes of action of plaintiff, as stated in the verified complaint, are time-barred in that this action was not commenced within the period of the applicable statute of limitations. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 22. That in the event of any award made to plaintiff, answering defendant is entitled to a set-off with respect to the amounts of any and all payments made to plaintiff in settlement of any claims arising out of the claims of damages or injuries alleged in this action pursuant to N.Y. General Obligations Law §15-108. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 23. Plaintiff failed and/or refused to take reasonable steps to avoid, minimize and/or mitigate his/hers/its alleged injuries and/or damages. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 24. Plaintiff lacks capacity to sue. 5 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 25. The negligence of those responsible for the accident or the occurrence alleged in the verified complaint, including plaintiff, constituted a separate, independent, superseding intervening culpable act or acts which serve as the proximate cause of the accident or occurrence alleged. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 26. Answering defendant reserves the right to claim the limitations of liability pursuant to Article 16 of the New York Civil Practice Law and Rules (hereinafter CPLR), for any recovery herein by plaintiff for non-economic loss. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 27. Plaintiff failed to join a necessary and indispensable party and therefore the verified complaint must be dismissed. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 28. Plaintiff lacks standing to bring one or more of the causes of action set forth in the verified complaint. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 29. Plaintiff’s claims are barred under the doctrines of res judicata and collateral estoppel. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 30. Plaintiff’s claims are barred, enjoined and stopped by the plaintiff’s discharge in bankruptcy. 6 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 31. Plaintiff’s claims are barred in whole or in part by the equitable doctrines of estoppel and/or unclean hands. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 32. Answering defendant claims entitlement to release and payment to the extent that the answering defendant is to respond in damages in an amount that exceeds any settlement proceeds received by plaintiff. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE 33. In the event that any person or entity liable or claimed to be liable for injuries and/or damages claimed in this action has been given or may hereafter be given arbitration, the answering defendant shall be entitled to protection under CPLR 3211 and a cause of action may not be maintained. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 34. The injuries and damages alleged were caused by the culpable conduct of some third person or persons over whom answering defendant neither had, nor exercised, control. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 35. That plaintiff was a special employee of the answering defendant herein. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE 36. The New York State Workers’ Compensation law bars plaintiff’s claims against the answering defendant and constitutes plaintiff’s sole source of relief for his alleged injuries. AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE 37. This action is subject to dismissal pursuant to CPLR 3211(a)(4) based on a prior pending action. 7 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE 38. The damages alleged to have been sustained by the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff or other parties without any culpable conduct on the part of these defendants and, therefore, the amount of damages, if any, recovered by the plaintiff from the answering defendant should be reduced pursuant to Article 14 and Article 14-A of the New York Civil Practice Law and Rules in that proportion to which the culpable conduct attributed to the plaintiff or others bears to the culpable conduct which caused said purported damages. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE 39. The answering defendant reserves its right to assert any and all additional defenses as may be revealed by further investigation and discovery. AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE 40. That in the event that it is determined that Plaintiff was utilizing and/or wearing a face mask, face shield, face covering, eye covering or any other device or apparatus upon or near to Plaintiff’s face and/or eyes, answering defendant will claim Plaintiff’s diminished field of vision as a defense. WHEREFORE, Defendant, TARGET CONSTRUCTION LLC, demands judgment dismissing the verified complaint in its favor; together with the costs and disbursements of this action. 8 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper of contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: New York, New York November 20, 2023 LITCHFIELD CAVO LLP By: _____________________________ Dennis J. Dozis Attorneys for Defendants 555 BROADWAY LLC JOEJACK BROADWAY LLC and TARGET CONSTRUCTION LLC 420 Lexington Avenue, Suite 2104 New York, New York 10170 Tel: (212) 434-0100 Fax: (212) 434-0105 File No.: 5458-380D Email: dozis@litchfieldcavo.com TO: VIA NYSCEF Shahar Azoulay, Esq. LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plaintiff ROBERT LYNN 32 Old Slip, 8th Floor New York, New York 10005 Tel: (212) 962-1020 File No.: 35312 Email: sazoulay@msllegal.com 9 of 10 FILED: KINGS COUNTY CLERK 11/20/2023 12:57 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2023 VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) DENNIS J. DOZIS, being duly sworn, states that he is a member of the law firm of LITCHFIELD CAVO LLP attorneys for the defendant TARGET CONSTRUCTION LLC, in this action, and that the foregoing VERIFIED ANSWER, is true to his knowledge, except as to those matters therein stated upon information and belief, and as to those matters he believes them to be true; that the grounds of his belief as to all matters not stated upon his knowledge are correspondence and other writings furnished by the answering defendant and other documentation maintained in the office of its attorneys. Dated: New York, New York November 20, 2023 __________________________________ DENNIS J. DOZIS 10 of 10