Preview
FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SENECA
MICHELLE MONTESANTO,
Plaintiff, CORIALE ENTERPRISES,
INC.’S ANSWER TO
v. AMENDED COMPLAINT
CORIALE ENTERPRISES, INC. and JASCOR, INC., Index No.: 20230249
Defendant.
Defendant, CORIALE ENTERPRISES, INC., by and through its attorneys, Sugarman Law
Firm, LLP, answering the Amended Complaint of Plaintiff, MICHELLE MONTESANTO, alleges
as follows:
1. ADMITS upon information and belief the allegations contained in paragraph 2 of
the Amended Complaint.
2. DENIES knowledge or information sufficient to form a belief as to the as to the
allegations contained in paragraph 1, 3, 7, 8 and 9 of the Amended Complaint.
3. DENIES the allegations contained in paragraphs 4, 5, 6, 10, 11, 12, 13 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34 and 35 of the Amended Complaint
and refers all questions of law to the Court.
4. With respect to paragraph 31 of the Amended Complaint, 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. Defendant denies each and every allegation not hereinbefore specifically admitted,
controverted or denied.
1 of 4
FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
6. The Amended Complaint fails to state a cause of action.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
7. Defendant was not the property owner at the time the subject accident occurred.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
8. Defendant did not have control over the area in question.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
9. That if Plaintiff suffered any damages, said damages were caused in whole or in part
by Plaintiff’s failure to take reasonable action in mitigation of the same.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
10. The damages allegedly sustained by Plaintiff were caused wholly or in part by reason
of the culpable conduct of said Plaintiff and not by the conduct of the Defendant, but should the
Defendant be found liable then said Defendant is entitled to an apportionment of fault and an
appropriate reduction in the amount of any judgment otherwise recoverable by Plaintiff.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
11. That the Court does not have jurisdiction over the person of the Defendant, due to
improper service of process.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
12. Pursuant to CPLR Article 16, if the Defendant is held responsible for Plaintiff injuries,
then this Defendant will be liable only for its percentage/equitable share of the non-economic loss
awarded to the Plaintiff.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
13. Pursuant to CPLR §4545 (c), any award to the Plaintiff for economic loss shall be
reduced by the amount of economic loss reimbursed by collateral sources.
2 of 4
FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
14. That if Plaintiff sustained damages as alleged, such damages occurred while Plaintiff
was engaged in an activity into which she entered, knowing the hazard, risk and danger of the activity
and she assumed the risks incidental to and attending the activity.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
15. That the lawsuit was not commenced by Plaintiff within the time prescribed by law,
and the Plaintiff, therefore, is barred from recovery.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
16. A storm was in progress at the time of Plaintiff’s alleged accident.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
17. That the Defendant did not have notice, actual or constructive, of the alleged condition.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
18. That the Defendant did not breach a duty of care.
WHEREFORE, Defendant, CORIALE ENTERPRISES, INC., demands judgment
dismissing the Amended Complaint together with the costs and disbursements of this action and
the attorney's fees and expenses incurred herein.
Dated: December 13, 2023
Syracuse, New York
______________________________
Adam P. Carey, Esq.
SUGARMAN LAW FIRM, LLP
Attorneys for Defendant
Office and Post Office Address
211 W. Jefferson Street
Syracuse, New York 13202
Telephone: (315) 362-8912
acarey@sugarmanlaw.com
3 of 4
FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023
TO: Kristin A Merrick, Esq.
FARACI LANGE, LLP
Attorneys for Plaintiff
Office and P.O. Box Address
1882 South Winton Road, Suite 1
Rochester, New York 14618
Telephone: (585) 325-5150
kmerrick@faraci.com
4 of 4
Preview
FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SENECA MICHELLE MONTESANTO, Plaintiff, CORIALE ENTERPRISES, INC.’S ANSWER TO v. AMENDED COMPLAINT CORIALE ENTERPRISES, INC. and JASCOR, INC., Index No.: 20230249 Defendant. Defendant, CORIALE ENTERPRISES, INC., by and through its attorneys, Sugarman Law Firm, LLP, answering the Amended Complaint of Plaintiff, MICHELLE MONTESANTO, alleges as follows: 1. ADMITS upon information and belief the allegations contained in paragraph 2 of the Amended Complaint. 2. DENIES knowledge or information sufficient to form a belief as to the as to the allegations contained in paragraph 1, 3, 7, 8 and 9 of the Amended Complaint. 3. DENIES the allegations contained in paragraphs 4, 5, 6, 10, 11, 12, 13 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34 and 35 of the Amended Complaint and refers all questions of law to the Court. 4. With respect to paragraph 31 of the Amended Complaint, 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. Defendant denies each and every allegation not hereinbefore specifically admitted, controverted or denied. 1 of 4 FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6. The Amended Complaint fails to state a cause of action. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 7. Defendant was not the property owner at the time the subject accident occurred. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 8. Defendant did not have control over the area in question. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 9. That if Plaintiff suffered any damages, said damages were caused in whole or in part by Plaintiff’s failure to take reasonable action in mitigation of the same. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 10. The damages allegedly sustained by Plaintiff were caused wholly or in part by reason of the culpable conduct of said Plaintiff and not by the conduct of the Defendant, but should the Defendant be found liable then said Defendant is entitled to an apportionment of fault and an appropriate reduction in the amount of any judgment otherwise recoverable by Plaintiff. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 11. That the Court does not have jurisdiction over the person of the Defendant, due to improper service of process. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 12. Pursuant to CPLR Article 16, if the Defendant is held responsible for Plaintiff injuries, then this Defendant will be liable only for its percentage/equitable share of the non-economic loss awarded to the Plaintiff. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 13. Pursuant to CPLR §4545 (c), any award to the Plaintiff for economic loss shall be reduced by the amount of economic loss reimbursed by collateral sources. 2 of 4 FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023 AS AND FOR A NINTH AFFIRMATIVE DEFENSE 14. That if Plaintiff sustained damages as alleged, such damages occurred while Plaintiff was engaged in an activity into which she entered, knowing the hazard, risk and danger of the activity and she assumed the risks incidental to and attending the activity. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 15. That the lawsuit was not commenced by Plaintiff within the time prescribed by law, and the Plaintiff, therefore, is barred from recovery. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 16. A storm was in progress at the time of Plaintiff’s alleged accident. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 17. That the Defendant did not have notice, actual or constructive, of the alleged condition. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 18. That the Defendant did not breach a duty of care. WHEREFORE, Defendant, CORIALE ENTERPRISES, INC., demands judgment dismissing the Amended Complaint together with the costs and disbursements of this action and the attorney's fees and expenses incurred herein. Dated: December 13, 2023 Syracuse, New York ______________________________ Adam P. Carey, Esq. SUGARMAN LAW FIRM, LLP Attorneys for Defendant Office and Post Office Address 211 W. Jefferson Street Syracuse, New York 13202 Telephone: (315) 362-8912 acarey@sugarmanlaw.com 3 of 4 FILED: SENECA COUNTY CLERK 12/13/2023 04:44 PM INDEX NO. 20230249 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/13/2023 TO: Kristin A Merrick, Esq. FARACI LANGE, LLP Attorneys for Plaintiff Office and P.O. Box Address 1882 South Winton Road, Suite 1 Rochester, New York 14618 Telephone: (585) 325-5150 kmerrick@faraci.com 4 of 4