Preview
FILED: SUFFOLK COUNTY CLERK 01/25/2024 09:26 PM INDEX NO. 615395/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2024
EXHIBIT B
07/19/2023 09:26
FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023
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RECEIVED NYSCEF: 01/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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JOHN H. MEYER, III, Index Number: 615395/2023
Plaintiff,
VERIFIED ANSWER TO
- against - VERIFIED COMPLAINT
JAN G. WILLIAMS and PORT JEFFERSON
CESSPOOL SERVICE, INC.,
Defendants.
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Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC.
(hereinafter “Defendants”), by and through their attorneys, O’TOOLE SCRIVO, LLC, as and for
a Verified Answer to the Verified Complaint of Plaintiff, JOHN H. MEYER, III (hereinafter
“Plaintiff”), respectfully set forth, on information and belief, the following:
1. Defendants deny knowledge or information sufficient to form a belief as to the truth
of the allegations contained in the paragraphs designated as “1” and “18” of Plaintiff’s Verified
Complaint.
2. Defendants deny each and every allegation contained in the paragraph designated
as “2” of Plaintiff’s Verified Complaint, except to admit that Defendant, JAN G. WILLIAMS, was
an individual residing in the State of New York on or about April 17, 2023.
3. Defendants deny the allegations contained in the paragraphs designated as “3,” “4,”
and “5” of Plaintiff’s Verified Complaint, except to admit that at all times referenced therein,
Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC., was a domestic business
corporation, duly organized and existing under the laws of the State of New York.
4. Defendants deny the allegations contained in the paragraphs designated as “6,” “7,”
“8,” and “9” of Plaintiff’s Verified Complaint, except to admit that on or about April 17, 2023,
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Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC., owned a 2013 Chevrolet motor
vehicle bearing New York license plate number 49295JF.
5. Defendants deny the allegations contained in the paragraphs designated as “10,”
“11,” “12,” “13,” “14,” “15,” “16,” “17,” and “19” of Plaintiff’s Verified Complaint, except to
admit that on or about April 17, 2023, Defendant, JAN G. WILLIAMS, operated a 2013 Chevrolet
motor vehicle bearing New York license plate number 49295JF in the course and scope of his
employment by Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC.
6. Defendants deny the allegations contained in the paragraph designated as “20” of
Plaintiff’s Verified Complaint, except to admit that there exists a roadway on or near the William
Floyd Expressway, in the County of Suffolk and State of New York.
7. Defendants deny each and every allegation contained in the paragraphs designated
as “21,” “22,” “23,” “24,” “25,” “26,” “27,” “28,” and “29” of Plaintiff’s Verified Complaint.
AFFIRMATIVE DEFENSES
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
8. That any damages allegedly sustained by Plaintiff were not caused by any
negligence or carelessness on the part of Defendants, their servants, agents, or employees, but were
caused solely by the negligence and carelessness of Plaintiff, and that such conduct requires
diminution of any award, verdict, or judgement that Plaintiff may recover against Defendants.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. Notwithstanding that Defendants deny liability, that in the event that liability is
found, the liability of Defendants shall be fifty percent (50%) or less of the total liability assigned
to all persons liable, and that pursuant to CPLR §1601, et seq., the liability of Defendants for non-
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economic loss shall not exceed its equitable share, and determined in accordance with the relative
culpability each person or party causing or contributing to the total liability of non-economic loss.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. The comparative fault of Plaintiff bars this action and/or diminishes the liability of
Defendants.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. That to the extent Plaintiff recovers any damages for the cost of medical care, dental
care, custodial care, or rehabilitation services, loss of earnings, and/or other economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursements, from
whatever source, whether it be insurance, Social Security payments, workers’ compensation,
employee benefits, or other such programs, in accordance with the provisions of the CPLR §4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. That all risks and alleged dangers connected with the situation at the time and place
mentioned in the Verified Complaint were open, obvious, and apparent, and were known to and
assumed by Plaintiff.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. That upon information and belief, the injuries allegedly sustained by Plaintiff
resulted from the acts of another over whom Defendants exercised no direction or control.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. That the Honorable Court has no jurisdiction over the subject matter of the Verified
Complaint.
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AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
15. That upon information and belief, Defendants acted reasonably and with due care
at all times relevant to the matters set forth in the Verified Complaint.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
16. Plaintiff’s claims against Defendants are barred because Defendants neither
committed nor failed to commit any act which damaged Plaintiff.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
17. Plaintiff’s claims against Defendants are barred because no proximate causation
exists between the actions or omissions of Defendants and the damages alleged by Plaintiff.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
18. To the extent the damages set forth in the Verified Complaint could have been
wholly or in part avoided by reasonable effort on the part of Plaintiff, his, her, their agents,
servants, and/or employees, and without undue burden, risk or expense, said damages were the
result of Plaintiff’s failure to mitigate and may not be recovered from Defendants.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
19. That the Verified Complaint fails to state a claim for which relief can be granted.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
20. That upon information and belief, the injuries allegedly sustained by Plaintiff were
the result of superseding and/or intervening acts or causes, over whom Defendants had neither
control nor the right of control.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
21. That Plaintiff’s own negligence was the sole proximate cause of his/her/their
injuries.
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AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
22. That Plaintiff’s claims against Defendants must fail due to a lack of notice.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
23. That Plaintiff’s claims against Defendants must fail due to insufficiency of process.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
24. That Plaintiff has failed to join all parties necessary for a proper adjudication of this
matter.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
25. That upon information and belief, claims against Defendants are barred by the
applicable statute of limitations.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
26. If Plaintiff has settled, discontinued, and ended this lawsuit and/or any other lawsuit
arising out of the same incident to which the within action pertains, and/or do so in the future as
against Defendants and/or any other alleged tortfeasor, Defendants assert its/their right to any and
all set off provided by General Obligations Law §15-108.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
27. That upon information and belief, Defendants assert any and all rights that may
exist involving contractual and/or common law indemnification with parties to this action, either
currently named or added in the future, and any third parties, as well as other unknown at this time.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
28. That the claims against Defendants are barred by the Doctrines of Waiver, Laches,
Estoppel, Res Judicata, and other issue and/or claim preclusion doctrines.
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AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
29. That Defendants reserve the right to seek a credit reducing the amount of any
judgment to reflect the degree of fault allocated by the jury to any party other than Defendants,
regardless of settlement by any such party.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
30. That Defendants assert that the liability of any settling party shall be an issue at the
time of trial.
AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
31. At the time and place mentioned in the Verified Complaint, Defendants violated no
legal duty owed to Plaintiff, if any.
AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
32. That Plaintiff did not sustain a serious injury as defined by Insurance Law §5102.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
33. Defendants hereby reserve their right to amend their pleadings and to assert
additional defenses and/or supplement, alter, and change their pleadings upon the revelation of
more definite facts by the parties and upon further discovery and investigation.
WHEREFORE, Defendants demand judgment dismissing the Verified Complaint against
them, with prejudice, together with costs and disbursements, including attorneys’ fees, and for
such other, different, and further relief as the Honorable Court deems just and proper.
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Dated: Cedar Grove, New Jersey
July 19, 2023
Respectfully submitted,
O’TOOLE SCRIVO, LLC
/s/ Dennise E. Mejia
Dennise E. Mejia
Attorneys for Defendants,
Jan G. Williams and
Port Jefferson Cesspool Service, Inc.
14 Village Park Road
Cedar Grove, New Jersey 07009
T: (973) 239-5700
(Reply to NJ Office)
- and -
535 Fifth Avenue, Fourth Floor
New York, New York 10017
T: (888) 663-1117
TO:
Steven J. Palermo, Esq.
PALERMO LAW, P.L.L.C.
Attorneys for Plaintiff,
John H. Meyer, III
1300 Veterans Highway, Suite 320
Hauppauge, New York 11788
T: (631) 265-1051
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ATTORNEY VERIFICATION
DENNISE E. MEJIA, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms the following statements to be true under the penalties of
perjury:
1. I am an Associate of the law firm O’TOOLE SCRIVO, LLC, attorneys for
Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC.
(hereinafter “Defendants”), in the within action, and am fully familiar with the facts and
circumstances set forth herein.
2. Your Affirmant has read the foregoing Verified Answer to Plaintiff, JOHN H.
MEYER, III’s (hereinafter “Plaintiff”), Verified Complaint, knows the contents thereof, and the
same is true to Affirmant’s own knowledge, except as to those matters therein stated to be alleged
upon information and belief, and as to those matters your Affirmant believes them to be true.
3. Your Affirmant further states that the reason this Affirmation is made by the
undersigned counsel and not by Defendants is because Defendants do not maintain a place of
business in the county where the Affirmant maintains her office.
4. The basis of Affirmant’s belief as to all matters not stated to be upon Affirmant’s
knowledge is under investigation and other information contained in the file of said law firm.
Dated: Cedar Grove, New Jersey
July 19, 2023
Respectfully submitted,
O’TOOLE SCRIVO, LLC
/s/ Dennise E. Mejia
Dennise E. Mejia
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AFFIRMATION OF SERVICE
STATE OF NEW JERSEY )
) ss.:
COUNTY OF ESSEX )
I, Madelaine Sandoval, being duly sworn, deposes and says:
1. That she is an employee of the law firm of O’TOOLE SCRIVO, LLC, attorneys for
Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE,
INC. (hereinafter “Defendants”), herein.
2. That deponent is not a party to the action or proceeding, is over eighteen (18) years
of age, and resides in New Jersey.
3. On the 19th day of July, 2023, deponent states that service of a true copy of the
within VERIFIED ANSWER TO THE VERIFIED COMPLAINT, was made
on the listed Clerk of the Court, and was served on the below listed party via
electronic filing using the New York State Courts Electronic Filing (“NYSCEF”)
system:
TO:
Steven J. Palermo, Esq.
PALERMO LAW, P.L.L.C.
Attorneys for Plaintiff,
John H. Meyer, III
1300 Veterans Highway, Suite 320
Hauppauge, New York 11788
T: (631) 265-1051
I hereby affirm that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
/s/ Madelaine Sandoval
Madelaine Sandoval
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CERTIFICATE OF CONFORMITY
STATE OF NEW JERSEY )
) ss.:
COUNTY OF ESSEX )
DENNISE E. MEJIA, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms the following statements to be true under the penalties of
perjury:
5. I am an attorney duly admitted to practice law before the Courts of the State of New
York and before the Courts of the State of New Jersey, and I am a resident of Hudson County in
the State of New Jersey.
6. I submit this Certificate of Conformity in accordance with the requirements of
CPLR 2309(c).
7. I am a person duly qualified to make this Certificate of Conformity, and that the
foregoing Affirmation of Service by Madelaine Sandoval named in the foregoing instrument, and
based upon my review thereof, appears to conform with the laws of the State of New Jersey and is
in all respects valid and effective in such State.
Dated: Cedar Grove, New Jersey
July 19, 2023
Respectfully submitted,
O’TOOLE SCRIVO, LLC
/s/ Dennise E. Mejia
Dennise E. Mejia
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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JOHN H. MEYER, III, Index Number: 615395/2023
Plaintiff,
- against -
JAN G. WILLIAMS and PORT JEFFERSON
CESSPOOL SERVICE, INC.,
Defendants.
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______
VERIFIED ANSWER TO VERIFIED COMPLAINT
O’TOOLE SCRIVO, LLC
Attorneys for Defendants, Jan G. Williams and Port Jefferson Cesspool Service, Inc.
14 Village Park Road
Cedar Grove, NJ 07009
(973) 239-5700
(Reply to NJ Office)
-AND-
535 Fifth Avenue
Fourth Floor
New York, NY 10017
(888) 663-1117
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FILED: SUFFOLK COUNTY CLERK 01/25/2024 09:26 PM INDEX NO. 615395/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2024 EXHIBIT B 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X JOHN H. MEYER, III, Index Number: 615395/2023 Plaintiff, VERIFIED ANSWER TO - against - VERIFIED COMPLAINT JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC., Defendants. ------------------------------------------------------------------X Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC. (hereinafter “Defendants”), by and through their attorneys, O’TOOLE SCRIVO, LLC, as and for a Verified Answer to the Verified Complaint of Plaintiff, JOHN H. MEYER, III (hereinafter “Plaintiff”), respectfully set forth, on information and belief, the following: 1. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs designated as “1” and “18” of Plaintiff’s Verified Complaint. 2. Defendants deny each and every allegation contained in the paragraph designated as “2” of Plaintiff’s Verified Complaint, except to admit that Defendant, JAN G. WILLIAMS, was an individual residing in the State of New York on or about April 17, 2023. 3. Defendants deny the allegations contained in the paragraphs designated as “3,” “4,” and “5” of Plaintiff’s Verified Complaint, except to admit that at all times referenced therein, Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC., was a domestic business corporation, duly organized and existing under the laws of the State of New York. 4. Defendants deny the allegations contained in the paragraphs designated as “6,” “7,” “8,” and “9” of Plaintiff’s Verified Complaint, except to admit that on or about April 17, 2023, 1 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC., owned a 2013 Chevrolet motor vehicle bearing New York license plate number 49295JF. 5. Defendants deny the allegations contained in the paragraphs designated as “10,” “11,” “12,” “13,” “14,” “15,” “16,” “17,” and “19” of Plaintiff’s Verified Complaint, except to admit that on or about April 17, 2023, Defendant, JAN G. WILLIAMS, operated a 2013 Chevrolet motor vehicle bearing New York license plate number 49295JF in the course and scope of his employment by Defendant, PORT JEFFERSON CESSPOOL SERVICE, INC. 6. Defendants deny the allegations contained in the paragraph designated as “20” of Plaintiff’s Verified Complaint, except to admit that there exists a roadway on or near the William Floyd Expressway, in the County of Suffolk and State of New York. 7. Defendants deny each and every allegation contained in the paragraphs designated as “21,” “22,” “23,” “24,” “25,” “26,” “27,” “28,” and “29” of Plaintiff’s Verified Complaint. AFFIRMATIVE DEFENSES AS AND FOR A FIRST AFFIRMATIVE DEFENSE 8. That any damages allegedly sustained by Plaintiff were not caused by any negligence or carelessness on the part of Defendants, their servants, agents, or employees, but were caused solely by the negligence and carelessness of Plaintiff, and that such conduct requires diminution of any award, verdict, or judgement that Plaintiff may recover against Defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. Notwithstanding that Defendants deny liability, that in the event that liability is found, the liability of Defendants shall be fifty percent (50%) or less of the total liability assigned to all persons liable, and that pursuant to CPLR §1601, et seq., the liability of Defendants for non- 2 2 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 economic loss shall not exceed its equitable share, and determined in accordance with the relative culpability each person or party causing or contributing to the total liability of non-economic loss. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. The comparative fault of Plaintiff bars this action and/or diminishes the liability of Defendants. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. That to the extent Plaintiff recovers any damages for the cost of medical care, dental care, custodial care, or rehabilitation services, loss of earnings, and/or other economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, Social Security payments, workers’ compensation, employee benefits, or other such programs, in accordance with the provisions of the CPLR §4545. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. That all risks and alleged dangers connected with the situation at the time and place mentioned in the Verified Complaint were open, obvious, and apparent, and were known to and assumed by Plaintiff. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. That upon information and belief, the injuries allegedly sustained by Plaintiff resulted from the acts of another over whom Defendants exercised no direction or control. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. That the Honorable Court has no jurisdiction over the subject matter of the Verified Complaint. 3 3 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 15. That upon information and belief, Defendants acted reasonably and with due care at all times relevant to the matters set forth in the Verified Complaint. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 16. Plaintiff’s claims against Defendants are barred because Defendants neither committed nor failed to commit any act which damaged Plaintiff. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 17. Plaintiff’s claims against Defendants are barred because no proximate causation exists between the actions or omissions of Defendants and the damages alleged by Plaintiff. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 18. To the extent the damages set forth in the Verified Complaint could have been wholly or in part avoided by reasonable effort on the part of Plaintiff, his, her, their agents, servants, and/or employees, and without undue burden, risk or expense, said damages were the result of Plaintiff’s failure to mitigate and may not be recovered from Defendants. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 19. That the Verified Complaint fails to state a claim for which relief can be granted. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 20. That upon information and belief, the injuries allegedly sustained by Plaintiff were the result of superseding and/or intervening acts or causes, over whom Defendants had neither control nor the right of control. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 21. That Plaintiff’s own negligence was the sole proximate cause of his/her/their injuries. 4 4 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 22. That Plaintiff’s claims against Defendants must fail due to a lack of notice. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 23. That Plaintiff’s claims against Defendants must fail due to insufficiency of process. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 24. That Plaintiff has failed to join all parties necessary for a proper adjudication of this matter. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 25. That upon information and belief, claims against Defendants are barred by the applicable statute of limitations. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 26. If Plaintiff has settled, discontinued, and ended this lawsuit and/or any other lawsuit arising out of the same incident to which the within action pertains, and/or do so in the future as against Defendants and/or any other alleged tortfeasor, Defendants assert its/their right to any and all set off provided by General Obligations Law §15-108. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE 27. That upon information and belief, Defendants assert any and all rights that may exist involving contractual and/or common law indemnification with parties to this action, either currently named or added in the future, and any third parties, as well as other unknown at this time. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 28. That the claims against Defendants are barred by the Doctrines of Waiver, Laches, Estoppel, Res Judicata, and other issue and/or claim preclusion doctrines. 5 5 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 29. That Defendants reserve the right to seek a credit reducing the amount of any judgment to reflect the degree of fault allocated by the jury to any party other than Defendants, regardless of settlement by any such party. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE 30. That Defendants assert that the liability of any settling party shall be an issue at the time of trial. AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE 31. At the time and place mentioned in the Verified Complaint, Defendants violated no legal duty owed to Plaintiff, if any. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE 32. That Plaintiff did not sustain a serious injury as defined by Insurance Law §5102. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE 33. Defendants hereby reserve their right to amend their pleadings and to assert additional defenses and/or supplement, alter, and change their pleadings upon the revelation of more definite facts by the parties and upon further discovery and investigation. WHEREFORE, Defendants demand judgment dismissing the Verified Complaint against them, with prejudice, together with costs and disbursements, including attorneys’ fees, and for such other, different, and further relief as the Honorable Court deems just and proper. 6 6 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 Dated: Cedar Grove, New Jersey July 19, 2023 Respectfully submitted, O’TOOLE SCRIVO, LLC /s/ Dennise E. Mejia Dennise E. Mejia Attorneys for Defendants, Jan G. Williams and Port Jefferson Cesspool Service, Inc. 14 Village Park Road Cedar Grove, New Jersey 07009 T: (973) 239-5700 (Reply to NJ Office) - and - 535 Fifth Avenue, Fourth Floor New York, New York 10017 T: (888) 663-1117 TO: Steven J. Palermo, Esq. PALERMO LAW, P.L.L.C. Attorneys for Plaintiff, John H. Meyer, III 1300 Veterans Highway, Suite 320 Hauppauge, New York 11788 T: (631) 265-1051 7 7 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 ATTORNEY VERIFICATION DENNISE E. MEJIA, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following statements to be true under the penalties of perjury: 1. I am an Associate of the law firm O’TOOLE SCRIVO, LLC, attorneys for Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC. (hereinafter “Defendants”), in the within action, and am fully familiar with the facts and circumstances set forth herein. 2. Your Affirmant has read the foregoing Verified Answer to Plaintiff, JOHN H. MEYER, III’s (hereinafter “Plaintiff”), Verified Complaint, knows the contents thereof, and the same is true to Affirmant’s own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters your Affirmant believes them to be true. 3. Your Affirmant further states that the reason this Affirmation is made by the undersigned counsel and not by Defendants is because Defendants do not maintain a place of business in the county where the Affirmant maintains her office. 4. The basis of Affirmant’s belief as to all matters not stated to be upon Affirmant’s knowledge is under investigation and other information contained in the file of said law firm. Dated: Cedar Grove, New Jersey July 19, 2023 Respectfully submitted, O’TOOLE SCRIVO, LLC /s/ Dennise E. Mejia Dennise E. Mejia 8 8 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 AFFIRMATION OF SERVICE STATE OF NEW JERSEY ) ) ss.: COUNTY OF ESSEX ) I, Madelaine Sandoval, being duly sworn, deposes and says: 1. That she is an employee of the law firm of O’TOOLE SCRIVO, LLC, attorneys for Defendants, JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC. (hereinafter “Defendants”), herein. 2. That deponent is not a party to the action or proceeding, is over eighteen (18) years of age, and resides in New Jersey. 3. On the 19th day of July, 2023, deponent states that service of a true copy of the within VERIFIED ANSWER TO THE VERIFIED COMPLAINT, was made on the listed Clerk of the Court, and was served on the below listed party via electronic filing using the New York State Courts Electronic Filing (“NYSCEF”) system: TO: Steven J. Palermo, Esq. PALERMO LAW, P.L.L.C. Attorneys for Plaintiff, John H. Meyer, III 1300 Veterans Highway, Suite 320 Hauppauge, New York 11788 T: (631) 265-1051 I hereby affirm that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. /s/ Madelaine Sandoval Madelaine Sandoval 9 9 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 CERTIFICATE OF CONFORMITY STATE OF NEW JERSEY ) ) ss.: COUNTY OF ESSEX ) DENNISE E. MEJIA, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following statements to be true under the penalties of perjury: 5. I am an attorney duly admitted to practice law before the Courts of the State of New York and before the Courts of the State of New Jersey, and I am a resident of Hudson County in the State of New Jersey. 6. I submit this Certificate of Conformity in accordance with the requirements of CPLR 2309(c). 7. I am a person duly qualified to make this Certificate of Conformity, and that the foregoing Affirmation of Service by Madelaine Sandoval named in the foregoing instrument, and based upon my review thereof, appears to conform with the laws of the State of New Jersey and is in all respects valid and effective in such State. Dated: Cedar Grove, New Jersey July 19, 2023 Respectfully submitted, O’TOOLE SCRIVO, LLC /s/ Dennise E. Mejia Dennise E. Mejia 10 10 of 11 07/19/2023 09:26 FILED: SUFFOLK COUNTY CLERK 01/25/2024 04:35 PM INDEX NO. 615395/2023 5 NYSCEF DOC. NO. 36 07/19/2023 RECEIVED NYSCEF: 01/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X JOHN H. MEYER, III, Index Number: 615395/2023 Plaintiff, - against - JAN G. WILLIAMS and PORT JEFFERSON CESSPOOL SERVICE, INC., Defendants. ------------------------------------------------------------------X ______ VERIFIED ANSWER TO VERIFIED COMPLAINT O’TOOLE SCRIVO, LLC Attorneys for Defendants, Jan G. Williams and Port Jefferson Cesspool Service, Inc. 14 Village Park Road Cedar Grove, NJ 07009 (973) 239-5700 (Reply to NJ Office) -AND- 535 Fifth Avenue Fourth Floor New York, NY 10017 (888) 663-1117 11 11 of 11