Preview
FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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AKILANDESWARI MURUGESH, Index No.: 719452/2023
Plaintiff(s), VERIFIED ANSWER
-against-
PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC
Defendant(s),
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The Defendants, PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC by their attorneys,
Kennedys CMK LLP, answering the Plaintiffs’ Verified Complaint, herein upon information and
belief state as follows:
1. Deny any knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraph of the Complaint numbered “1”.
2. Admit the allegation contained in the paragraph of the Complaint numbered “2”.
3. Admit the allegation contained in the paragraph of the Complaint numbered “3”.
4. Admit the allegation contained in the paragraph of the Complaint numbered “4”.
5. Admit the allegation contained in the paragraph of the Complaint numbered “5”.
6. Deny any knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraph of the Complaint numbered “6”.
7. Admit the allegation contained in the paragraph of the Complaint numbered “7”.
8. Admit the allegation contained in the paragraph of the Complaint numbered “8”.
9. Deny any knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraph of the Complaint numbered “9”.
10. Deny any knowledge or information sufficient to form a belief as to each and
every allegation contained in the paragraph of the Complaint numbered “10”.
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11. Admit the allegation contained in the paragraph of the Complaint numbered
“11”.
12. Deny the allegation contained in the paragraph of the Complaint numbered “12”.
13. Deny the allegation contained in the paragraph of the Complaint numbered
“13”.
14. Deny the allegation contained in the paragraph of the Complaint numbered
“14”.
15. Deny the allegation contained in the paragraph of the Complaint numbered
“15”.
AFFIRMATIVE DEFENSES
AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE
In the event Plaintiff recovers a verdict or judgment against these answering
Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those
amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in
whole or in part, for any past or future claims, economic loss, from any collateral source
including but not limited to insurance, Social Security, Workers’ Compensation or employee
benefits program.
AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE
That the culpable conduct of the Plaintiff brought about the alleged damages and
injuries which Plaintiff claims without any culpable conduct on the part of these answering
Defendants, their agents, servants or employees.
That if the Court find after trial that any culpable conduct of these answering
Defendants, their agents, servants or employees contributed to the alleged damages or injuries
to the Plaintiff, then and in that event these answering Defendants pray that the amount of
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damages which might be recoverable shall be diminished in the proportion which the culpable
conduct attributable to the Plaintiff bears to the culpable conduct which caused the alleged
damages or injuries.
AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE
That these answering Defendants claim that they are not responsible to the Plaintiff
herein. However, to the extent that the trier of the facts finds liability of 50 percent or less
as defined by Article 16 of the CPLR, these answering Defendants claim entitlement to the
benefits set forth.
AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE
That the Plaintiff has failed to mitigate and/or reduce his/her damages and losses, if
any, as alleged in the Complaint.
AS AND FOR AN FIFTH COMPLETE AFFIRMATIVE DEFENSE
The accident or occurrence referred to in the Plaintiff’s Complaint and the injuries
claimed were caused in whole or in part by the carelessness, contributory negligence or the
assumption of risk of the Plaintiff and these answering Defendants demand that the Plaintiff’s
damages be accordingly diminished or denied.
AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE
That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes
of action upon which relief may be granted insofar as these answering Defendants are
concerned.
AS AND FOR AN SEVENTH COMPLETE AFFIRMATIVE DEFENSE
That the Complaint is wholly without merit and its initiation is deemed frivolous conduct
by these answering Defendants.
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AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE
That these answering Defendants did not owe the Plaintiff any of the duties alleged in
this lawsuit.
AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE
That the conditions alleged were open, obvious, notorious and apparent.
AS AND FOR A TENTH COMPLETE AFFIRMATIVE DEFENSE
That the answering Defendants were without notice of any of the purported conditions
alleged in this Complaint.
AS AND FOR A ELEVENTH COMPLETE AFFIRMATIVE DEFENSE
Upon information and belief the Plaintiff has failed to sustain such basic economic loss
or serious injuries as defined by Section 5102 of the Insurance Law.
AS AND FOR AN TWELFTH COMPLETE AFFIRMATIVE DEFENSE
On information and belief that at all times herein mentioned, the Plaintiff failed to avail
himself/herself of safety devices including seat belts and harnesses which would have
prevented or mitigated the injuries claimed herein.
WHEREFORE, Defendants, PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC demand
judgment dismissing the Complaint, together with the costs and disbursements of this action.
Dated: New York, New York
October 20, 2023
KENNEDYS CMK LLP
By: Sean Burns
Attorneys for Defendants
PIERRE J. BARTHELEMY and
BOLLA TRANSPORT LLC
570 Lexington Avenue, 8th Floor
New York, NY 10022
(646) 625-40005
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TO: THE LICATESI LAW GROUP, LLP
Jennifer M. Alfeld, Esq.
Attorneys for Plaintiff
423 RXR Plaza, East Tower
Uniondale, New York 11556
(516) 227-2662
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice law in the Courts of the State of New
York, shows:
I am a Member of the firm of Kennedys CMK LLP, attorneys of record for the Defendants,
PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC in the within action;
I have read the foregoing Answer and know the contents thereof; that the same is true
to affirmant's knowledge, except as to the matters affirmant therein stated to be alleged upon
information and belief, and as to those matters affirmant believes it to be true. Deponent
further says that the reason this verification is made by deponent and not by Defendants is that
said Defendants are outside the County wherein deponent maintains his offices.
The source of affirmant's knowledge and information are investigations, conversations,
writings, reports and memoranda.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: New York, New York
October 20, 2023
By: Sean Burns
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Preview
FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------------X AKILANDESWARI MURUGESH, Index No.: 719452/2023 Plaintiff(s), VERIFIED ANSWER -against- PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC Defendant(s), --------------------------------------------------------------------------X The Defendants, PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC by their attorneys, Kennedys CMK LLP, answering the Plaintiffs’ Verified Complaint, herein upon information and belief state as follows: 1. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraph of the Complaint numbered “1”. 2. Admit the allegation contained in the paragraph of the Complaint numbered “2”. 3. Admit the allegation contained in the paragraph of the Complaint numbered “3”. 4. Admit the allegation contained in the paragraph of the Complaint numbered “4”. 5. Admit the allegation contained in the paragraph of the Complaint numbered “5”. 6. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraph of the Complaint numbered “6”. 7. Admit the allegation contained in the paragraph of the Complaint numbered “7”. 8. Admit the allegation contained in the paragraph of the Complaint numbered “8”. 9. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraph of the Complaint numbered “9”. 10. Deny any knowledge or information sufficient to form a belief as to each and every allegation contained in the paragraph of the Complaint numbered “10”. 1 of 6 FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 11. Admit the allegation contained in the paragraph of the Complaint numbered “11”. 12. Deny the allegation contained in the paragraph of the Complaint numbered “12”. 13. Deny the allegation contained in the paragraph of the Complaint numbered “13”. 14. Deny the allegation contained in the paragraph of the Complaint numbered “14”. 15. Deny the allegation contained in the paragraph of the Complaint numbered “15”. AFFIRMATIVE DEFENSES AS AND FOR A FIRST COMPLETE AFFIRMATIVE DEFENSE In the event Plaintiff recovers a verdict or judgment against these answering Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claims, economic loss, from any collateral source including but not limited to insurance, Social Security, Workers’ Compensation or employee benefits program. AS AND FOR A SECOND COMPLETE AFFIRMATIVE DEFENSE That the culpable conduct of the Plaintiff brought about the alleged damages and injuries which Plaintiff claims without any culpable conduct on the part of these answering Defendants, their agents, servants or employees. That if the Court find after trial that any culpable conduct of these answering Defendants, their agents, servants or employees contributed to the alleged damages or injuries to the Plaintiff, then and in that event these answering Defendants pray that the amount of 2 of 6 FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 damages which might be recoverable shall be diminished in the proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which caused the alleged damages or injuries. AS AND FOR A THIRD COMPLETE AFFIRMATIVE DEFENSE That these answering Defendants claim that they are not responsible to the Plaintiff herein. However, to the extent that the trier of the facts finds liability of 50 percent or less as defined by Article 16 of the CPLR, these answering Defendants claim entitlement to the benefits set forth. AS AND FOR A FOURTH COMPLETE AFFIRMATIVE DEFENSE That the Plaintiff has failed to mitigate and/or reduce his/her damages and losses, if any, as alleged in the Complaint. AS AND FOR AN FIFTH COMPLETE AFFIRMATIVE DEFENSE The accident or occurrence referred to in the Plaintiff’s Complaint and the injuries claimed were caused in whole or in part by the carelessness, contributory negligence or the assumption of risk of the Plaintiff and these answering Defendants demand that the Plaintiff’s damages be accordingly diminished or denied. AS AND FOR A SIXTH COMPLETE AFFIRMATIVE DEFENSE That the Complaint fails to set forth facts sufficient to constitute a cause and/or causes of action upon which relief may be granted insofar as these answering Defendants are concerned. AS AND FOR AN SEVENTH COMPLETE AFFIRMATIVE DEFENSE That the Complaint is wholly without merit and its initiation is deemed frivolous conduct by these answering Defendants. 3 of 6 FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 AS AND FOR A EIGHTH COMPLETE AFFIRMATIVE DEFENSE That these answering Defendants did not owe the Plaintiff any of the duties alleged in this lawsuit. AS AND FOR A NINTH COMPLETE AFFIRMATIVE DEFENSE That the conditions alleged were open, obvious, notorious and apparent. AS AND FOR A TENTH COMPLETE AFFIRMATIVE DEFENSE That the answering Defendants were without notice of any of the purported conditions alleged in this Complaint. AS AND FOR A ELEVENTH COMPLETE AFFIRMATIVE DEFENSE Upon information and belief the Plaintiff has failed to sustain such basic economic loss or serious injuries as defined by Section 5102 of the Insurance Law. AS AND FOR AN TWELFTH COMPLETE AFFIRMATIVE DEFENSE On information and belief that at all times herein mentioned, the Plaintiff failed to avail himself/herself of safety devices including seat belts and harnesses which would have prevented or mitigated the injuries claimed herein. WHEREFORE, Defendants, PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC demand judgment dismissing the Complaint, together with the costs and disbursements of this action. Dated: New York, New York October 20, 2023 KENNEDYS CMK LLP By: Sean Burns Attorneys for Defendants PIERRE J. BARTHELEMY and BOLLA TRANSPORT LLC 570 Lexington Avenue, 8th Floor New York, NY 10022 (646) 625-40005 4 of 6 FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 TO: THE LICATESI LAW GROUP, LLP Jennifer M. Alfeld, Esq. Attorneys for Plaintiff 423 RXR Plaza, East Tower Uniondale, New York 11556 (516) 227-2662 5 of 6 FILED: QUEENS COUNTY CLERK 10/20/2023 10:56 AM INDEX NO. 719452/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/20/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice law in the Courts of the State of New York, shows: I am a Member of the firm of Kennedys CMK LLP, attorneys of record for the Defendants, PIERRE J. BARTHELEMY and BOLLA TRANSPORT, LLC in the within action; I have read the foregoing Answer and know the contents thereof; that the same is true to affirmant's knowledge, except as to the matters affirmant therein stated to be alleged upon information and belief, and as to those matters affirmant believes it to be true. Deponent further says that the reason this verification is made by deponent and not by Defendants is that said Defendants are outside the County wherein deponent maintains his offices. The source of affirmant's knowledge and information are investigations, conversations, writings, reports and memoranda. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: New York, New York October 20, 2023 By: Sean Burns 6 of 6