Legal Document: Roy Rachpaul v. New York State Urban Development Corporation D/B/A Empire State Development, New York State Arena Partners, Llc., Ubs Arena D/B/A UBS Arena Foundation, Inc., Athlectica Sports System, Inc.

On February 10, 2023 a EXHIBIT(S) - D (Motion #002) - Exhibit D was filed involving a dispute between Roy Rachpaul, and Athlectica Sports System, Inc., New York State Arena Partners, Llc., New York State Urban Development Corporation D B A Empire State Development, Ubs Arena D B A Ubs Arena Foundation, Inc., for Torts - Other Negligence (Premises Labor/Product li) in the District Court of Nassau County.

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FILED: NASSAU COUNTY CLERK 12/07/2023 02:14 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/07/2023

Exhibit D
Exhibit D
FILED: NASSAU COUNTY CLERK 12/07/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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ROY RACHPAUL, Index No: 602495/2023

Plaintiff,
VERIFIED ANSWER
- against – TO VERIFIED COMPLAINT

NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; NEW YORK ARENA
PARTNERS, LLC; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC.; and ATHLETICA SYSTEMS, INC.

Defendants.
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Defendant NEW YORK ARENA PARTNERS, LLC answering plaintiff’s verified

complaint by and through its attorneys, MARSHALL CONWAY BRADLEY GOLLUB &

WEISSMAN, P.C., alleges as follows:

1. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “1”, “2”, “4”, “5”, “6”, “10”, “11”,

“12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the complaint.

2. Defendant denies each and every allegation contained in paragraph “3” of

the complaint and refers all questions of law to the trial court.

3. Defendant denies each and every allegation contained in paragraphs “7”,

“8” and “9” of the complaint except admits that on February 9, 2022, the defendant,

NEW YORK ARENA PARTNERS, LLC, was a foreign limited liability corporation

authorized to do business in the State of New York.

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AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION

4. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “23”, “24”, “25”, “26”, “27”, “28”,

“29”, “30”, “31”, “41”, “42”, “43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”, “52”,

“53”, “56”, “57”, “64”, “65”, “67” and “69” of the complaint.

5. Defendant denies each and every allegation contained in paragraphs “32”,

“33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “58”, “59”, “60”, “61”, “68” and “72”

of the complaint.

6. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “54” and “55” of the complaint and

requests greater specificity and further particulars.

7. Defendant denies each and every allegation contained in paragraphs “62”,

“63” and “66” of the complaint except admits that prior to February 9, 2022, the

defendant, NEW YORK ARENA PARTNERS, LLC, entered into a facilities management

agreement with OVG BELMONT FACILITIES, LLC and begs leave to refer to said

agreement at the time of trial.

8. Defendant denies each and every allegation contained in paragraphs “70”

and “71” of the complaint and refers all questions of law to the trial court.

AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION

9. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “72” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “73”.

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10. Defendant denies each and every allegation contained in paragraphs “74”,

“75”, “76”, “77”, “78”, “79”, “80 and “81” of the complaint.

AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION

11. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “81” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “82”.

12. Defendant denies each and every allegation contained in paragraph “83”

of the complaint and refers all questions of law to the trial court.

13. Defendant denies each and every allegation contained in paragraphs “84”

and “85” of the complaint.

AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION

14. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “85” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “86”.

15. Defendant denies each and every allegation contained in paragraph “87”

of the complaint and refers all questions of law to the trial court.

16. Defendant denies each and every allegation contained in paragraphs “88”

and “89” of the complaint.

AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION

17. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

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through “89” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “90”.

18. Defendant denies each and every allegation contained in paragraph “91”

of the complaint and refers all questions of law to the trial court.

19. Defendant denies each and every allegation contained in paragraphs “92”

and “93” of the complaint.

AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION

20. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “93” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “94”.

21. Defendant denies each and every allegation contained in paragraph “95”

of the complaint and refers all questions of law to the trial court.

22. Defendant denies each and every allegation contained in paragraphs “96”

and “97” of the complaint.

AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION

23. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “97” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “98”.

24. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “99”, “100”, “101”, “102”, “103”,

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“104”, “105”, “106”, “107”, “108”, “109”, “110”, “111”, “112” and “113” of the

complaint.

25. Defendant denies each and every allegation contained in paragraphs “114”

and “115” of the complaint.

AS AND FOR AN ANSWER TO THE EIGHTH CAUSE OF ACTION

26. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “115” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “116”.

27. Defendant denies each and every allegation contained in paragraph “117”,

“126” and “127” of the complaint.

28. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “118”, “119”, “120”, “121”, “122”,

“123”, “124” and “125”of the complaint.

AS AND FOR AN ANSWER TO THE NINTH CAUSE OF ACTION

29. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “127” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “128”.

30. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “129”, “132”, “133”, “134”, “135”,

“136”, “137”, “138” and “139” of the complaint.

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31. Defendant denies each and every allegation contained in paragraphs

“130”, “131”, “140” and “141” of the complaint.

AS AND FOR AN ANSWER TO THE TENTH CAUSE OF ACTION

32. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “141” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “142”.

33. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “143”, “144”, “145”, “146”, “147”

and “148” of the complaint.

34. Defendant denies each and every allegation contained in paragraphs

“149” and “150” of the complaint.

AS AND FOR AN ANSWER TO THE ELEVENTH CAUSE OF ACTION

35. Defendant repeats, reiterates and realleges each and every admission and

denial as to the allegation contained in paragraphs of plaintiff’s complaint numbered “1”

through “150” inclusive with the same force and effect as if more fully set forth at length

herein in answer to the paragraph of plaintiff’s complaint numbered “151”.

36. Defendant denies knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs “152”, “153”, “154”, “155”, “156”

and “157” of the complaint.

37. Defendant denies each and every allegation contained in paragraphs “158”

of the complaint.

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AS AND FOR A FIRST, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

38. That the plaintiff assumed the risk of any and all consequences of an activity

voluntarily or freely undertaken.

AS AND FOR A SECOND, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

39. That the culpable conduct of the plaintiff brought about the alleged damages

which the plaintiff claims, without any culpable conduct on the part of the answering

defendant, its agents, servants and/or employees.

40. That if the Court finds after trial that any culpable conduct on the part of the

answering defendant, its agents, servants and/or employees contributed to the alleged

damages of the plaintiff, then and in that event, the answering defendant prays that the

amount of damages which might be recoverable shall be diminished in the proportion

which has the culpable conduct attributable to the plaintiff bear to the culpable conduct

which caused the alleged damages.

AS AND FOR A THIRD, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

41. The defendant’s responsibility, if any, and which is expressly denied

herein, is less than 50% of any responsibility attributable to any tortfeasor who is or may

be res41nsible for the happening of the plaintiff's alleged accident, whether or not a party

hereto, and as such, these parties are entitled to a limitation of damages as set forth in

CPLR Article 16.

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AS AND FOR A FOURTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

42. The answering defendant affirmatively pleads the provisions of CPLR

Section 4545 insofar as applicable, to the reduction of any recovery the plaintiff might be

awarded.

AS AND FOR A FIFTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

43. That plaintiff’s complaint fails to state a cause of action.

AS AND FOR A SIXTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

44. That if the plaintiff has received sums of money in settlement of the claims

asserted herein, and that by reason thereof, the defendant is entitled to the protection,

provisions and limitations of Section 15-108 of the General Obligations Law of the State

of New York in reducing the claim of the plaintiff against the defendant, by the amount

stipulated in the Release, the amount of consideration paid for it or the amount of the

released defendant’s equitable share of the damages, whichever is the greatest.

AS AND FOR A SEVENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

45. The defendant will offer proof regarding the Affordable Care Act including

the cost of premiums and out-of-pocket limits that were made available to plaintiff under

the Affordable Care Act, and will offer proof of the medical costs which plaintiff will not

incur under the Affordable Care Act.

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AS AND FOR AN EIGHTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

46. A defense is founded upon documentary evidence.

AS AND FOR A NINTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

47. Upon information and belief, plaintiff’s alleged injuries were caused

exclusively as a result of his own intentional acts.

48. That by reason of the foregoing and pursuant to Weininger v. Hagedorn &

Co., 91 N.Y.2d 958, 960, 672 N.Y.S.2d 840 (1998); Blake v. Neighborhood Hous. Servs.

of N.Y. City, Inc., 1 N.Y.3d 280, 289, 771 N.Y.S.2d 484 (2003) plaintiff cannot avail himself

of the Labor Law §§240 and 241 statutory protection since his conduct was the sole

proximate cause of the occurrence.

AS AND FOR A TENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

49. Upon information and belief, plaintiff, ROY RACHPAUL, had adequate and

safe equipment available to him but refused to utilize same. That pursuant to Cahill v.

Triborough Bridge & Tunnel Authority, 4 N.Y.3rd 35 and Smith v. Hooker Chems. &

Plastics Corp., 89 A.D.2d 361, plaintiff was a recalcitrant worker and therefore cannot

avail himself of the Labor Law §§240 and 241 statutory protection.

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AS AND FOR AN ELEVENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

50. Each risk and danger of loss or damage connected with the situation alleged

in the Verified Complaint were at the time and place mentioned obvious and apparent

and were known by plaintiff and voluntarily assumed by plaintiff.

AS AND FOR A TWELFTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

51. The injuries and damages alleged were caused by the culpable conduct of

some third person or persons over whom defendant NEW YORK ARENA PARTNERS,

LLC neither had nor exercised control.

AS AND FOR A THIRTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

52. The negligence of those responsible for the accident or the occurrence

alleged in the verified complaint constituted a separate, independent, superseding,

intervening culpable act or acts which constitute the sole proximate cause of the accident

or occurrence alleged.

AS AND FOR A FOURTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

53. To the extent that plaintiff asserts claims NEW YORK ARENA PARTNERS,

LLC arising under Section 241(6) of the New York Labor Law such claims must be

dismissed because no applicable rules or regulations were violated by NEW YORK

ARENA PARTNERS, LLC.

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AS AND FOR A FIFTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

54. Plaintiff failed to take reasonable and/or adequate steps and precautions

for his own safety.

AS AND FOR A SIXTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

55. Plaintiff’s speculative, uncertain and/or contingent damages have not

accrued and are not recoverable.

AS AND FOR A SEVENTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

56. The alleged injuries and/or damages complained of were not proximately

caused by any negligence or culpable conduct on the part of NEW YORK ARENA

PARTNERS, LLC, its agents or employees and/or predated the accident alleged in the

verified complaint.

AS AND FOR AN EIGHTEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

57. Plaintiff’s claims against NEW YORK ARENA PARTNERS, LLC must be

dismissed because no applicable statutes, laws, rules or regulations were violated by

NEW YORK ARENA PARTNERS, LLC.

AS AND FOR A NINETEENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

58. Plaintiff failed to mitigate or otherwise act to lessen or reduce the injuries,

disabilities and damages alleged in the verified complaint.

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AS AND FOR A TWENTIETH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

59. NEW YORK ARENA PARTNERS, LLC was not the cause of any damage

allegedly sustained by plaintiff.

AS AND FOR A TWENTY-FIRST, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

60. To the extent plaintiff asserts claims that are inconsistent and/or contradict

each other, such claims are barred.

AS AND FOR A TWENTY-SECOND, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

61. NEW YORK ARENA PARTNERS, LLC did not create any defect or unsafe

condition on the property at issue.

AS AND FOR A TWENTY-THIRD, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

62. NEW YORK ARENA PARTNERS, LLC did not have actual notice or

constructive notice of any defect and/or unsafe condition on the property at issue.

AS AND FOR A TWENTY-FOURTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

63. To the extent NEW YORK ARENA PARTNERS, LLC is found to have

actual or constructive notice of any defect or unsafe condition on the property at issue

NEW YORK ARENA PARTNERS, LLC did not have the opportunity prior to the time of

plaintiff’s claimed injury to remediate or ameliorate any such defect and/or unsafe

condition on the property at issue before plaintiff’s claimed injuries occurred.

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AS AND FOR A TWENTY-FIFTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

64. Any recovery by plaintiff for the injuries alleged is barred in whole or in part

by the allegedly injured plaintiff’s failure to use appropriate safety devices made available

to him.

AS AND FOR A TWENTY-SIXTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

65. Upon information and belief, the injuries and damages alleged to have been

sustained by plaintiff were not reasonably foreseeable.

AS AND FOR A TWENTY-SEVENTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

66. NEW YORK ARENA PARTNERS, LLC did not direct or control the site, the

work, safety or personal protective equipment (“PPE”) for plaintiff. NEW YORK ARENA

PARTNERS, LLC did not possess the authority to direct, supervise or control the activity

that resulted in plaintiff’s alleged injury. NEW YORK ARENA PARTNERS, LLC did not

control the manner or methods by which plaintiff performed his work.

AS AND FOR A TWENTY-EIGHTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

67. NEW YORK ARENA PARTNERS, LLC has, at all times, acted in good

faith, reasonably, and with due care and in a prudent manner, and in accordance with all

applicable laws.

AS AND FOR A TWENTY-NINTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

68. Plaintiff’s claims are barred, in whole or in part, because NEW YORK

ARENA PARTNERS, LLC did not owe any legal duty to plaintiff, or if it owed a legal duty

to plaintiff, it did not breach that duty.

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AS AND FOR A THIRTIETH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

69. To the extent that plaintiff was not employed by NEW YORK ARENA

PARTNERS, LLC, plaintiff was not under any of the answering defendant’s supervision,

direction or control.

AS AND FOR A THIRTY-FIRST, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

70. To the extent that plaintiff asserts claims against NEW YORK ARENA

PARTNERS, LLC arising under Section 200 of the New York Labor Law, such claims

must be dismissed because NEW YORK ARENA PARTNERS, LLC did not owe any duty

to the plaintiff.

AS AND FOR A THIRTY-SECOND, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

71. To the extent that plaintiff asserts claims against NEW YORK ARENA

PARTNERS, LLC arising under Section 200 of the New York Labor Law, such claims

must be dismissed because NEW YORK ARENA PARTNERS, LLC did not exercise

supervision and control over the activities alleged to have caused plaintiff’s injuries.

AS AND FOR A THIRTY-THIRD, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

72. NEW YORK ARENA PARTNERS, LLC gives notice that it intends to rely

upon any other defenses that may become available or appear during the discovery

proceedings in this case and hereby reserves its right to amend this Verified Answer to

assert any such defenses.

AS AND FOR A THIRTY-FOURTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

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73. The claims alleged in the Verified Complaint are barred by the doctrine of

res judicata.

AS AND FOR A THIRTY-FIFTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE

74. The claims alleged in the Verified Complaint are barred by the doctrine of

equitable estoppel.

AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS, NEW YORK
STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC. and ATHLETICA SYSTEMS, INC.,
THE DEFENDANT, NEW YORK ARENA PARTNERS, LLC ALLEGES AS FOLLOWS:

75. If plaintiff sustained damages as alleged in the complaint through any fault

other than the plaintiff’s own fault, then such damages were sustained due to the sole

fault of the defendants above named, and if the plaintiff should obtain and/or recover

judgment against the answering defendant then the co- defendants above named shall

be liable over to the answering defendant for the full amount of said judgment or for any

part thereof obtained and/or recovered on the basis of apportionment of responsibility for

the alleged occurrence as found by the Court and/or jury.

AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS, NEW YORK
STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC. and ATHLETICA SYSTEMS, INC.,
THE DEFENDANT, NEW YORK ARENA PARTNERS, LLC ALLEGES AS FOLLOWS:

76. If plaintiff sustained damages as alleged in the complaint through any fault

other than the plaintiff’s own fault, then such damages were sustained due to the sole

fault of the defendants above named; and if plaintiff should obtain and/or recover

judgment against the answering defendant then the defendants above named shall be

liable pursuant to common law for the full indemnification of the answering defendant.

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77. In view of the foregoing, the defendant, NEW YORK ARENA PARTNERS,

LLC is entitled to complete common law indemnification for all loss, damage, cost or

expense, including, without limitation, judgments, attorneys’ fees, Court costs and the

cost of appellate proceedings from the defendants.

AS AND FOR A THIRD CROSS-CLAIM AGAINST CO-DEFENDANTS, NEW YORK
STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC. and ATHLETICA SYSTEMS, INC.,
THE DEFENDANT, NEW YORK ARENA PARTNERS, LLC ALLEGES AS FOLLOWS:

78. If plaintiff sustained damages as alleged in the Complaint through any fault

other than the plaintiff's own fault, then such damages were sustained due to the sole

fault of the defendants above named; and if plaintiff should obtain and/or recover

judgment against this answering defendant, then the defendants above named shall be

liable pursuant to contract for the full indemnification of this NEW YORK ARENA

PARTNERS, LLC is entitled to complete contractual indemnification for all loss, damage,

cost or expense, including, without limitation, judgments, attorneys' fees, Court costs and

the cost of appellate proceedings from the defendants.

79. In view of the foregoing, the defendant NEW YORK ARENA PARTNERS,

LLC is entitled to complete contractual indemnification for all loss, damage, cost or

expense, including, without limitation, judgments, attorneys' fees, Court costs and the

cost of appellate proceedings from the defendants.

AS AND FOR A FOURTH CROSS-CLAIM AGAINST CO-DEFENDANTS, NEW YORK
STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; UBS ARENA D/B/A UBS ARENA
FOUNDATION, INC. and ATHLETICA SYSTEMS, INC.,
THE DEFENDANT, NEW YORK ARENA PARTNERS, LLC ALLEGES AS FOLLOWS:

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80. Upon information and belief, defendant NEW YORK ARENA PARTNERS,

LLC entered into an agreement with NEW YORK STATE URBAN DEVELOPMENT

CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; UBS ARENA D/B/A UBS

ARENA FOUNDATION, INC. and ATHLETICA SYSTEMS, INC., wherein all parties

agreed to provide and maintain at their own expense comprehensive liability insurance

naming NEW YORK ARENA PARTNERS, LLC as additional insured in connection with

the subject premises.

81. Upon information and belief, co-defendants NEW YORK STATE URBAN

DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; UBS

ARENA D/B/A UBS ARENA FOUNDATION, INC. and ATHLETICA SYSTEMS, INC.

breached their agreement with the defendant, NEW YORK ARENA PARTNERS, LLC in

that they failed to provide and maintain the requisite insurance naming defendant NEW

YORK ARENA PARTNERS, LLC as additional insured.

82. By reason of the foregoing, defendant NEW YORK ARENA PARTNERS,

LLC has and will continue to incur damages by reason of NEW YORK STATE URBAN

DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; UBS

ARENA D/B/A UBS ARENA FOUNDATION, INC. and ATHLETICA SYSTEMS, INC. ‘s

failure to obtain the required insurance.

83. That on the basis of Kinney v. G.W. Lisk, Co., Inc., 76 N.Y. 2d 215,

defendant, NEW YORK ARENA PARTNERS, LLC is entitled to complete and full

indemnification from NEW YORK STATE URBAN DEVELOPMENT CORPORATION

d/b/a EMPIRE STATE DEVELOPMENT; UBS ARENA D/B/A UBS ARENA

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FILED: NASSAU COUNTY CLERK 12/07/2023
05/18/2023 02:14
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NYSCEF DOC. NO. 30
9 RECEIVED NYSCEF: 12/07/2023
05/18/2023

FOUNDATION, INC. and ATHLETICA SYSTEMS, INC. for any damages they sustain in

the instant action.

WHEREFORE, the defendant, NEW YORK ARENA PARTNERS, LLC, demands

judgment dismissing the plaintiff’s complaint or, in the alternative, judgment over and

against plaintiff for contribution and indemnification and judgment over and against

defendants for contribution, indemnification and breach of contract, together with the

costs and disbursements of this action including attorneys' fees.

Dated: New York, New York
May 18, 2023
Yours, etc.,

Lauren Turkel
_____________________________________
Lauren Turkel, Esq.
MARSHALL CONWAY BRADLEY GOLLUB &
WEISSMAN, P.C.
Attorneys for Defendant
NEW YORK ARENA PARTNERS, LLC
45 Broadway, Suite 740
New York, New York 10006
(212) 619-4444/Fax (212) 962-2647
File No.: 36-11613
TO:

BISOGNO & MEYERSON, LLP
Attorneys for Plaintiff
7018 Fort Hamilton Parkway
Brooklyn, NY 11228
(718) 745-0880
Attn: Patrick F. Bisogno, Esq.

MARTYN, SMITH, MURRAY & YONG, ESQS.
Attorneys for Defendant
NEW YORK STATE URBAN DEVELOPMENT CORPORATION
d/b/a EMPIRE STATE DEVELOPMENT
102 Motor Parkway, Suite 230
Hauppauge, New York 11788
(516) 739-0000

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FILED: NASSAU COUNTY CLERK 12/07/2023
05/18/2023 02:14
03:38 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 30
9 RECEIVED NYSCEF: 12/07/2023
05/18/2023

HAWORTH BARBER & GERSTMAN, LLC
Attorneys for Defendant
ATHLETICA SPORTS SYSTEMS, INC.
777 Third Avenue, Suite 2104
New York, New York 10017
(212) 952-1100
Attn: Tara Fappiano, Esq.
tara.fappiano@hbandglaw.com

UBS ARENA
d/b/a UBS ARENA FOUNDATION, INC.
2150 Hempstead Turnpike
Elmont, New York 11003

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FILED: NASSAU COUNTY CLERK 12/07/2023
05/18/2023 02:14
03:38 PM INDEX NO. 602495/2023
NYSCEF DOC. NO. 30
9 RECEIVED NYSCEF: 12/07/2023
05/18/2023

ATTORNEY VERIFICATION

STATE OF NEW YORK

COUNTY OF NEW YORK

I, LAUREN TURKEL, the undersigned, am an attorney admitted to practice in the

courts of New York State, and say that: I am a member of the firm of MARSHALL

CONWAY BRADLEY GOLLUB & WEISSMAN, P.C., attorneys of record for the defendant

NEW YORK ARENA PARTNERS, LLC.

I have read the annexed Verified Answer and know the contents thereof and the

same are true to my knowledge, except those matters therein which are stated to be

alleged on information and belief, and as to those matters I believe them to be true. My

belief, as to those matters therein not stated upon knowledge, is based upon the following:

My review of the file.
The reason I make this affirmation instead of defendant is that defendant resides
in a county other than the one in which your affirmant maintains his office.
I affirm that the foregoing statements are true under penalty of perjury.
Dated: New York, New York
May 16, 2023

Lauren Turkel
____________________________
LAUREN TURKEL

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FILED: NASSAU COUNTY CLERK 12/07/2023
05/18/2023 02:14
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INDEX NO. 602495/2023
602495/ 2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 30
9
9 RECEI VED NYSCEF:
RECEIVED NYSCEF: 12/07/2023
05/ 18/ 2023
05/18/2023

AFFIDAVIT OF SERVICE

STATE OF NEW YORK _)
SSs.:
COUNTY OF NEW YORK )

ERICA TAUB, being duly sworn, deposes and says:

That deponent is over the age of 18 years, is not a party to this action and resides in
RICHMOND COUNTY, NEW YORK.

That on the 18 day of May 2023, deponent served the within VERIFIED ANSWER
TO VERIFIED COMPLAINT AND COMBINED DEMANDS on:

UBS ARENA
d/b/a UBS ARENA FOUNDATION, INC.
2150 Hempstead Turnpike
Elmont, New York 11003

the party in the within action at the address(es) indicated above; the addresses designated by
said party for that purpose, true copies of same enclosed in a postpaid properly addressed
wrappers, in an official depository under the exclusive care and custody of the U.S. Post Office
Department within the State of New York.

Evica Taub

ERICA TAUB
Sworn to before me this
18" day of May 2023

Notary Public
? MICHAEL S. GOLLUB
j Notary Public, State of New York
No. 02G06349662
Qualified in New York Coun
Commission Expires 10/24/20" Ph
—=

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Case Info

Judge

James Mccormack Track Judge’s New Case

Case No.

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Document Filed Date

December 07, 2023

Case Filing Date

February 10, 2023

County

Parties

Athlectica Sports System, Inc. Defendant
FANNING, JOSEPH DENIS Attorney for the Defendant
FAPPIANO, TARA C. Attorney for the Defendant
KIMUNDI, ELIZABETH KATUMBI Attorney for the Defendant
MCCARTNEY, JAMES WILLIAM Attorney for the Defendant
MCGUIRE, GREGORY Attorney for the Defendant
MOLLOY, JOSEPH Attorney for the Defendant
New York State Arena Partners, LLC. Defendant
New York State Urban Development Corporation D/B/A Empire State Development Defendant
Roy Rachpaul Plaintiff
SILVA, GEORGE Attorney for the Plaintiff
UBS Arena D/B/A UBS Arena Foundation, Inc. Defendant
YONG, JEFFREY P Attorney for the Defendant
SIMON WYNN Attorney

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Document for Roy Rachpaul v. New York State Urban Development Corporation D/B/A Empire State Development, New York State Arena Partners, Llc., Ubs Arena D/B/A UBS Arena Foundation, Inc., Athlectica Sports System, Inc.

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Parties