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FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/23/2024
EXHIBIT B
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------X Index No. 600234/23
ASHLEY BRACCO,
Plaintiff,
-against
SKYWAY TRUCK PARTS INC. AND MARCUS 0. NIEVES,
Defendants.
____________________,--___-Ç
The defendants, SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, by their
attorneys, SCAHILL LAW GROUP P.C., as and for their Verified Answer, hereby allege as
follows:
FIRST: Deny having knowledge or information sufficient to form a belief as to each
"12"
and every allegation set forth in paragraphs enumerated "4", "9", throu gh "20".
"2"
SECOND: Deny each and every allegation set forth in paragraphs enumerated ,
"3", "10".
THIRD: Repeat and reallege each and every allegation contained in the prior
applicable paragraphs of this Complaint with the same force and ef fect as if alleged in
full, and set forth in paragraph enumerated "8",
AS AND FOR A FIRST SEPARATE AND
DISTINCT AFFIRMATIVE DEFEN SE
FOURTH: The Plaintiff has failed to obtain personal jurisdiction over the defendant,
SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES,
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
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AS AND FOR A SECOND SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FIFTH: If it be determined that the Plaintiff failed to use available seat belts and/or
. harness, defendant pleads said fpCt as an absolute defense on the issue of liability and in
mitigation of damages.
AS AND FOR A THIRD SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
SIXTH: That whatever damages, personal or property, or wrongful death plaintiff
may have sustained, if any, at the time and place alleged in the complaint, or any
amendments thereto, if not caused in whole by the carelessness, negligence, assumption
of risk and culpable conduct of the plaintiff, and/or plaintiff's intestate, were then caused
for the most part by the carelessness, negligence, culpable conduct and want of care on
the part of the plaintiff and/or plaintiff's intestate; and, if any carelessness, negligence or
culpable conduct upon the part of defendant caused or contributed to such injury or
wrongful death, such on the part of defendant bore only a slight proportion to the entire
negligence, carelessness and culpable conduct attributable to both plaintiff and defendant
in causing the accident and any resulting injury.
AS AND FOR A FOURTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
SEVENTH: 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 daimed economic loss, from any collateral
FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023
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NYSCEF DOC.
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NO. 22
2 RECEIVED
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workers'
source such as insurance, social security, compensation or employee benefits
programs.
AS AND FOR A FIFTH SEPARATE AND
. DISIIN_CI.AFFIRMATIVE DEFENSE
injury"
EIGHTH: The accident described in the Complaint did not result in a "serious
to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the State of
New York, and as such, Plaintiff had and has no right to institute, maintain or prosecute this
action and is barred from doing so.
The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her
exclusive remedy therefore is confined and limited to the benefits and provisions of Article
51 of the Insurance Law of the State of New York.
AS AND FOR A SIXTH SEPARATE AND
DISTINCT AF FIRMATIVE ÓE FENSE
NINTH: The plaintifFs claims are barred by the emergency doctrine. Due to sudden
and unexpected actions of the plaintiff, co-
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FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 02/23/2024 EXHIBIT B FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF NYSCEF DOC. DOC. NO. NO. 22 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/23/2024 02/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------X Index No. 600234/23 ASHLEY BRACCO, Plaintiff, -against SKYWAY TRUCK PARTS INC. AND MARCUS 0. NIEVES, Defendants. ____________________,--___-Ç The defendants, SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, by their attorneys, SCAHILL LAW GROUP P.C., as and for their Verified Answer, hereby allege as follows: FIRST: Deny having knowledge or information sufficient to form a belief as to each "12" and every allegation set forth in paragraphs enumerated "4", "9", throu gh "20". "2" SECOND: Deny each and every allegation set forth in paragraphs enumerated , "3", "10". THIRD: Repeat and reallege each and every allegation contained in the prior applicable paragraphs of this Complaint with the same force and ef fect as if alleged in full, and set forth in paragraph enumerated "8", AS AND FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFEN SE FOURTH: The Plaintiff has failed to obtain personal jurisdiction over the defendant, SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF NYSCEF DOC. DOC- NO. NO. 22 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/23/2024 02/02/2023 AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FIFTH: If it be determined that the Plaintiff failed to use available seat belts and/or . harness, defendant pleads said fpCt as an absolute defense on the issue of liability and in mitigation of damages. AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE SIXTH: That whatever damages, personal or property, or wrongful death plaintiff may have sustained, if any, at the time and place alleged in the complaint, or any amendments thereto, if not caused in whole by the carelessness, negligence, assumption of risk and culpable conduct of the plaintiff, and/or plaintiff's intestate, were then caused for the most part by the carelessness, negligence, culpable conduct and want of care on the part of the plaintiff and/or plaintiff's intestate; and, if any carelessness, negligence or culpable conduct upon the part of defendant caused or contributed to such injury or wrongful death, such on the part of defendant bore only a slight proportion to the entire negligence, carelessness and culpable conduct attributable to both plaintiff and defendant in causing the accident and any resulting injury. AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE SEVENTH: 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 daimed economic loss, from any collateral FILED: SUFFOLK COUNTY CLERK 02/23/2024 02:41 PM INDEX NO. 600234/2023 NYSCEF NYSCEF DOC. DOC. NO. NO. 22 2 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/23/2024 02/02/2023 workers' source such as insurance, social security, compensation or employee benefits programs. AS AND FOR A FIFTH SEPARATE AND . DISIIN_CI.AFFIRMATIVE DEFENSE injury" EIGHTH: The accident described in the Complaint did not result in a "serious to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the State of New York, and as such, Plaintiff had and has no right to institute, maintain or prosecute this action and is barred from doing so. The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A SIXTH SEPARATE AND DISTINCT AF FIRMATIVE ÓE FENSE NINTH: The plaintifFs claims are barred by the emergency doctrine. Due to sudden and unexpected actions of the plaintiff, co-