Preview
FILED: QUEENS COUNTY CLERK 12/13/2023 03:05 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 12/13/2023
EXHIBIT B
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------- X
NOEMI CIPRI,
Index No.: 714796/2023
Plaintiff
VERIFIED ANSWER
-against-
MATRIX SPORTS CLUB LLC d/b/a FITNATION
HEALTH CLUB and RICHIE “DOE” (said name being
fictitious and presently unknown),
Defendants.
-------------------------------------------------------------------- X
Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and
RICHARD BARROS i/s/h/a RICHIE “DOE”, by and through their attorneys, Golden, Rothchild,
Spagnola, Lundell, Boylan & Garubo, P.C. as and for their Verified Answer to Plaintiff NOEMI
CIPRI ("Plaintiff")’s Verified Complaint, allege the following upon information and belief:
1. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” have insufficient knowledge to form a belief
as to the truth of the allegations contained in Paragraph 1 of the Plaintiff’s Complaint.
2. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 2 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB was a domestic limited liability company
authorized to do business in the State of New York, and refer all questions of law to the Court.
3. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 3 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the
1 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym
thereat, and respectfully beg leave to refer to the terms of said lease at the time of trial.
4. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 4 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the
premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym
thereat, and respectfully beg leave to refer to the terms of said lease at the time of trial.
5. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies each and every allegation contained in
Paragraph 5 of the Plaintiff’s Complaint.
6. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 6 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the
premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym
thereat, and respectfully begs leave to refer to the terms of said lease at the time of trial.
7. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 7 of the Plaintiff’s Complaint.
8. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies the allegations in Paragraph 8 of the
Plaintiff’s Complaint and refer all questions of law to the Court.
2 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
9. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies each and every allegation contained in
Paragraph 9 of the Plaintiff’s Complaint.
10. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 10 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB may have owned certain gym equipment
located within a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle
Village, New York.
11. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 11 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS
CLUB LLC d/b/a FITNATION HEALTH CLUB may have owned certain gym equipment
located within a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle
Village, New York.
12. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in
paragraph 12 of the Verified Complaint except admit that on June 7, 2023 Richard Barros was
and still is a natural person.
13. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief
as to the truth of the allegations contained in Paragraph 13 of the Plaintiff’s Complaint.
14. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
3 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief
as to the truth of the allegations contained in Paragraph 14 of the Plaintiff’s Complaint.
15. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief
as to the truth of the allegations contained in Paragraph 15 of the Plaintiff’s Complaint.
16. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief
as to the truth of the allegations contained in Paragraph 16 of the Plaintiff’s Complaint.
17. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 17 of the Plaintiff’s Complaint.
18. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 18 of the Plaintiff’s Complaint.
19. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 19 of the Plaintiff’s Complaint.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION AS AGAINST ALL
DEFENDANTS
(Negligence)
20. These Defendant repeat and reiterate each and every answer to the allegations
contained herein and incorporates same as if set forth at length herein.
21. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
4 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
Paragraph 21 of the Plaintiff’s Complaint.
22. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 22 of the Plaintiff’s Complaint.
23. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 23 of the Plaintiff’s Complaint.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION AGAINST
DEFENDANT MATRIX
(Negligent Hiring, Training, Retention, and Supervision)
24. This Defendant repeats and reiterates each and every answer to the allegations
contained herein and incorporates same as if set forth at length herein.
25. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 25 of the Plaintiff’s Complaint and refer all questions of law to the Court.
26. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny the allegations in Paragraph 26 of the
Plaintiff’s Complaint and refer all questions of law to the Court.
27. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 27 of the Plaintiff’s Complaint.
28. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 28 of the Plaintiff’s Complaint.
5 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
29. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 29 of the Plaintiff’s Complaint.
30. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in
Paragraph 30 of the Plaintiff’s Complaint.
31. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny the allegations in Paragraph 31 of the
Plaintiff’s Complaint and refer all questions of law to the Court.
32. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB
and RICHARD BARROS i/s/h/a RICHIE “DOE”, denythe allegations in Paragraph 32 of the
Plaintiff’s Complaint and refer all questions of law to the Court.
AFFIRMATIVE DEFENSES
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
That the injuries alleged to have been sustained by the plaintiff were sustained while she
was involved in an activity into which she had entered, knowing full well the hazard thereof and
the inherent risk incident to such activity and knowing the methods to be used in the performance
of such activity and the dangers thereof, and such risks and dangers were expected and assumed
by the plaintiff upon entering into and continuing such activity.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
That any contract between defendant(s) and plaintiff was breached by the plaintiff.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
That any damages awarded to plaintiff must be reduced by the amount of any collateral
source including, but not limited to, insurance, social security, worker’s compensation or
6 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
employee benefit programs, that the Court finds was, or will be with reasonable certainty,
replaced or indemnified.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
The accident or occurrence referred to in the plaintiff’s complaint and the injuries
claimed were caused in whole or in part of 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 FIFTH AFFIRMATIVE DEFENSE
In the event plaintiff recovers a verdict or judgment against these 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 SIXTH 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 defendants are concerned.
AS AND FOR A SEVENTH 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 defendants, their agents,
servants or employees.
That if the Court find after trial that any culpable conduct of these defendants, their agents,
servants or employees contributed to the alleged damages or injuries to the plaintiff, then and in
that event these defendants pray that the amount of damages which might be recoverable shall be
7 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
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 AN EIGHTH AFFIRMATIVE DEFENSE
That the Plaintiff has failed to mitigate and/or reduce her damages and losses, if any, as
alleged in the Complaint.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
That the Complaint is wholly without merit and its initiation is deemed frivolous conduct
by these answering Defendants.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
That these answering defendants did not owe the plaintiff any of the duties alleged in this
lawsuit.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
That the conditions alleged, if any, were open, obvious, notorious and apparent.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
That the injuries or damages which were sustained by the plaintiff at the time and place
alleged in the Complaint were due in whole or in part as a result of the plaintiff’s misuse of the
gym equipment at issue.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
That on or about March 21, 2022 the plaintiff signed a written agreement wherein she
released these answering defendants and/or any employee thereof from any liability for damages
and injury to herself or to any person or property resulting from the use of the equipment,
accepting the full responsibility for any and all damage or injury.
8 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
That these answering defendants were without notice of any of the purported conditions
alleged in this Complaint.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
That this Court lacks jurisdiction over the person of these Answering Defendants in that
service of process was not made in accordance with the provisions of the CPLR and the laws of
New York.
WHEREFORE, Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION
HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, demand dismissal of
Paragraphs 1 through 32 of Plaintiff’s Verified Complaint with prejudice, together with counsel
fees and such other costs as the Court deems just and equitable.
Dated: New York, New York
September 27, 2023
GOLDEN, ROTHSCHILD, SPAGNOLA,
LUNDELL, BOYLAN, GARUBO &
BELL, P.C.
By: Lauren M. Solari
Lauren M. Solari, Esq.
Attorneys for Defendants
MATRIX SPORTS CLUB LLC d/b/a
FITNATION HEALTH CLUB and
RICHARD BARROS i/s/h/a RICHIE “DOE”
40 Exchange Place, 19th Floor, Suite 1900
New York, New York 10005
(212) 964-0120
TO: Leigh H. Sutton, Esq.
SUTTON & SMYTH, LLP
Attorneys for Plaintiff
30 Wall Street, 8th Floor
New York, New York 10005
Tel: (212) 709-8295
9 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
10 of 11
FILED: QUEENS COUNTY CLERK 12/13/2023
09/27/2023 03:05
12:35 PM INDEX NO. 714796/2023
NYSCEF DOC. NO. 17
6 RECEIVED NYSCEF: 12/13/2023
09/27/2023
ATTORNEY VERIFICATION
STATE OF NEW YORK )
)SS.:
COUNTY OF NEW YORK )
LAUREN M. SOLARI, ESQ, being duly sworn, deposes and says:
That she is of counsel with the firm of Golden, Rothschild, Spagnola, Lundell, Boylan. Garubo
& Bell, P.C., attorneys for Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION
HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, that she has read and knows
the contents of the foregoing VERIFIED ANSWER and that the same is true to the knowledge
of deponent except as to the matters herein stated to be alleged upon information and belief, and
as to those matters, he believes to be true. Deponent further says that the sources of the
information and the grounds of her belief as to all the matters therein not stated upon her
knowledge are as follows:
Investigation which deponent has caused to be made and communication had with the
Defendants in this action.
Deponent further says that the reason why this verification is not made by Defendants
is that the said Defendants reside outside of the County in which deponent has his office.
Dated: New York, New York
September 27, 2023
_________________________________
LAUREN M. SOLARI, ESQ.
11 of 11
Preview
FILED: QUEENS COUNTY CLERK 12/13/2023 03:05 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 12/13/2023 EXHIBIT B FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------- X NOEMI CIPRI, Index No.: 714796/2023 Plaintiff VERIFIED ANSWER -against- MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHIE “DOE” (said name being fictitious and presently unknown), Defendants. -------------------------------------------------------------------- X Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, by and through their attorneys, Golden, Rothchild, Spagnola, Lundell, Boylan & Garubo, P.C. as and for their Verified Answer to Plaintiff NOEMI CIPRI ("Plaintiff")’s Verified Complaint, allege the following upon information and belief: 1. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” have insufficient knowledge to form a belief as to the truth of the allegations contained in Paragraph 1 of the Plaintiff’s Complaint. 2. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 2 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB was a domestic limited liability company authorized to do business in the State of New York, and refer all questions of law to the Court. 3. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 3 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the 1 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym thereat, and respectfully beg leave to refer to the terms of said lease at the time of trial. 4. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 4 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym thereat, and respectfully beg leave to refer to the terms of said lease at the time of trial. 5. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies each and every allegation contained in Paragraph 5 of the Plaintiff’s Complaint. 6. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 6 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB was a lessee of a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle Village, New York and operated a gym thereat, and respectfully begs leave to refer to the terms of said lease at the time of trial. 7. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 7 of the Plaintiff’s Complaint. 8. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies the allegations in Paragraph 8 of the Plaintiff’s Complaint and refer all questions of law to the Court. 2 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 9. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, denies each and every allegation contained in Paragraph 9 of the Plaintiff’s Complaint. 10. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 10 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB may have owned certain gym equipment located within a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle Village, New York. 11. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 11 of the Verified Complaint except admit that on June 7, 2023 MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB may have owned certain gym equipment located within a certain portion of the premises located at 66-26 Metropolitan Avenue, Middle Village, New York. 12. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” deny each and every allegation contained in paragraph 12 of the Verified Complaint except admit that on June 7, 2023 Richard Barros was and still is a natural person. 13. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief as to the truth of the allegations contained in Paragraph 13 of the Plaintiff’s Complaint. 14. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB 3 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief as to the truth of the allegations contained in Paragraph 14 of the Plaintiff’s Complaint. 15. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief as to the truth of the allegations contained in Paragraph 15 of the Plaintiff’s Complaint. 16. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, have insufficient knowledge to form a belief as to the truth of the allegations contained in Paragraph 16 of the Plaintiff’s Complaint. 17. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 17 of the Plaintiff’s Complaint. 18. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 18 of the Plaintiff’s Complaint. 19. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 19 of the Plaintiff’s Complaint. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION AS AGAINST ALL DEFENDANTS (Negligence) 20. These Defendant repeat and reiterate each and every answer to the allegations contained herein and incorporates same as if set forth at length herein. 21. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in 4 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 Paragraph 21 of the Plaintiff’s Complaint. 22. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 22 of the Plaintiff’s Complaint. 23. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 23 of the Plaintiff’s Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION AGAINST DEFENDANT MATRIX (Negligent Hiring, Training, Retention, and Supervision) 24. This Defendant repeats and reiterates each and every answer to the allegations contained herein and incorporates same as if set forth at length herein. 25. Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 25 of the Plaintiff’s Complaint and refer all questions of law to the Court. 26. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny the allegations in Paragraph 26 of the Plaintiff’s Complaint and refer all questions of law to the Court. 27. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 27 of the Plaintiff’s Complaint. 28. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 28 of the Plaintiff’s Complaint. 5 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 29. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 29 of the Plaintiff’s Complaint. 30. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny each and every allegation contained in Paragraph 30 of the Plaintiff’s Complaint. 31. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, deny the allegations in Paragraph 31 of the Plaintiff’s Complaint and refer all questions of law to the Court. 32. Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, denythe allegations in Paragraph 32 of the Plaintiff’s Complaint and refer all questions of law to the Court. AFFIRMATIVE DEFENSES AS AND FOR A FIRST AFFIRMATIVE DEFENSE That the injuries alleged to have been sustained by the plaintiff were sustained while she was involved in an activity into which she had entered, knowing full well the hazard thereof and the inherent risk incident to such activity and knowing the methods to be used in the performance of such activity and the dangers thereof, and such risks and dangers were expected and assumed by the plaintiff upon entering into and continuing such activity. AS AND FOR A SECOND AFFIRMATIVE DEFENSE That any contract between defendant(s) and plaintiff was breached by the plaintiff. AS AND FOR A THIRD AFFIRMATIVE DEFENSE That any damages awarded to plaintiff must be reduced by the amount of any collateral source including, but not limited to, insurance, social security, worker’s compensation or 6 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 employee benefit programs, that the Court finds was, or will be with reasonable certainty, replaced or indemnified. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE The accident or occurrence referred to in the plaintiff’s complaint and the injuries claimed were caused in whole or in part of 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 FIFTH AFFIRMATIVE DEFENSE In the event plaintiff recovers a verdict or judgment against these 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 SIXTH 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 defendants are concerned. AS AND FOR A SEVENTH 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 defendants, their agents, servants or employees. That if the Court find after trial that any culpable conduct of these defendants, their agents, servants or employees contributed to the alleged damages or injuries to the plaintiff, then and in that event these defendants pray that the amount of damages which might be recoverable shall be 7 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 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 AN EIGHTH AFFIRMATIVE DEFENSE That the Plaintiff has failed to mitigate and/or reduce her damages and losses, if any, as alleged in the Complaint. AS AND FOR A NINTH AFFIRMATIVE DEFENSE That the Complaint is wholly without merit and its initiation is deemed frivolous conduct by these answering Defendants. AS AND FOR A TENTH AFFIRMATIVE DEFENSE That these answering defendants did not owe the plaintiff any of the duties alleged in this lawsuit. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE That the conditions alleged, if any, were open, obvious, notorious and apparent. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE That the injuries or damages which were sustained by the plaintiff at the time and place alleged in the Complaint were due in whole or in part as a result of the plaintiff’s misuse of the gym equipment at issue. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE That on or about March 21, 2022 the plaintiff signed a written agreement wherein she released these answering defendants and/or any employee thereof from any liability for damages and injury to herself or to any person or property resulting from the use of the equipment, accepting the full responsibility for any and all damage or injury. 8 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE That these answering defendants were without notice of any of the purported conditions alleged in this Complaint. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE That this Court lacks jurisdiction over the person of these Answering Defendants in that service of process was not made in accordance with the provisions of the CPLR and the laws of New York. WHEREFORE, Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, demand dismissal of Paragraphs 1 through 32 of Plaintiff’s Verified Complaint with prejudice, together with counsel fees and such other costs as the Court deems just and equitable. Dated: New York, New York September 27, 2023 GOLDEN, ROTHSCHILD, SPAGNOLA, LUNDELL, BOYLAN, GARUBO & BELL, P.C. By: Lauren M. Solari Lauren M. Solari, Esq. Attorneys for Defendants MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE” 40 Exchange Place, 19th Floor, Suite 1900 New York, New York 10005 (212) 964-0120 TO: Leigh H. Sutton, Esq. SUTTON & SMYTH, LLP Attorneys for Plaintiff 30 Wall Street, 8th Floor New York, New York 10005 Tel: (212) 709-8295 9 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 10 of 11 FILED: QUEENS COUNTY CLERK 12/13/2023 09/27/2023 03:05 12:35 PM INDEX NO. 714796/2023 NYSCEF DOC. NO. 17 6 RECEIVED NYSCEF: 12/13/2023 09/27/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) )SS.: COUNTY OF NEW YORK ) LAUREN M. SOLARI, ESQ, being duly sworn, deposes and says: That she is of counsel with the firm of Golden, Rothschild, Spagnola, Lundell, Boylan. Garubo & Bell, P.C., attorneys for Defendants, MATRIX SPORTS CLUB LLC d/b/a FITNATION HEALTH CLUB and RICHARD BARROS i/s/h/a RICHIE “DOE”, that she has read and knows the contents of the foregoing VERIFIED ANSWER and that the same is true to the knowledge of deponent except as to the matters herein stated to be alleged upon information and belief, and as to those matters, he believes to be true. Deponent further says that the sources of the information and the grounds of her belief as to all the matters therein not stated upon her knowledge are as follows: Investigation which deponent has caused to be made and communication had with the Defendants in this action. Deponent further says that the reason why this verification is not made by Defendants is that the said Defendants reside outside of the County in which deponent has his office. Dated: New York, New York September 27, 2023 _________________________________ LAUREN M. SOLARI, ESQ. 11 of 11