Preview
FILED: KINGS COUNTY CLERK 03/12/2024
08/30/2021 01:20
09:17 PM
AM INDEX NO. 510433/2019
NYSCEF DOC. NO. 134
33 RECEIVED NYSCEF: 03/12/2024
08/30/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
——————————————————————X
NICHOLAS GRANT, VERIFIED ANSWER
Plaintiff,
-against-
Index No.: 510433/2019
147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC.
d/b/a JOUVAY NIGHT CLUB, ISAAC J. RIOS, and
PROFESSIONAL CORPORATE SECURITY
SERVICES, INC.,
Defendants.
——————————————————————X
Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., by its
attorneys GOETZ SCHENKER BLEE & WIEDERHORN, as and for its answer to the plaintiff's
complaint, respectfully alleges:
1. Denies each and every allegation set forth in the paragraph(s) numbered 61, 62, 63,
and 66.
2. Denies knowledge and information sufficient to form a belief as to those allegations
set forth in the paragraph(s) numbered 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 46, 47, 48, 49, 50, 51, 52, 53,
54, 55, 56, 57, 58, 59, 60, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 82, 83, 86, 87, 88, 89, 96, 97,
101, 102, 105, 106, and 107.
3. Upon information and belief denies those allegations set forth in the paragraph(s)
numbered 74, 80, 81, 84, 85, 90, 91, 94, 98, 99, 103, 108, and 109.
4. Denies each and every allegation set forth in the paragraph(s) numbered "40, 41, 42,
43, 44, and 45" except admits that PROFESSIONAL CORPORATE SECURITY SERVICES,
INC., conducts business in the State of New York.
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5. Denies each and every allegation set forth in the paragraph(s) numbered "2, 64, 65,
67, 92, and 93" and leaves all matters of law to the Honorable Court.
6. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC.,
repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the
Complaint designated 1 through 94 inclusive, with the same force and effect as if set forth here
more particularly at length, all in response to the paragraph of the Complaint designated 95.
7. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC.,
repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the
Complaint designated 1 through 99 inclusive, with the same force and effect as if set forth here
more particularly at length, all in response to the paragraph of the Complaint designated 100.
8. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC.,
repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the
Complaint designated 1 through 103 inclusive, with the same force and effect as if set forth here
more particularly at length, all in response to the paragraph of the Complaint designated 104.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. Pursuant to CPLR Article 16, the liability of defendant, PROFESSIONAL
CORPORATE SECURITY SERVICES, INC., to the plaintiff(s) herein for non-economic loss is
limited to defendant PROFESSIONAL CORPORATE SECURITY SERVICES, INC.‘s (s’)
equitable share determined in accordance with the relative culpability of each person causing or
contributing to the total liability for non-economic loss.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. That by entering into the activity in which the plaintiff(s) was engaged at the time of
the occurrence set forth in the complaint, said plaintiff(s) knew the hazards thereof and the inherent
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risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and
damages were sustained by the plaintiff(s) herein as alleged in the Complaint arose from and were
caused by reason of such risks voluntarily undertaken by the plaintiff(s) in his/her activities and
such risks were assumed and accepted by him/her in performing and engaging in said activities.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. Plaintiff(s) have recovered the costs of medical care, dental care, custodial care,
rehabilitation services, loss of earnings and other economical loss and any future such loss or
expense will, with reasonable certainty, be replaced or indemnified in whole or in part from
collateral sources. Any award made to plaintiff(s) shall be reduced in accordance with the
provisions of CPLR 4545(c).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
12. Any damages sustained by the plaintiff(s) were caused by the culpable conduct of
the plaintiff(s), including contributory negligence, assumption of risks, breach of contract and not by
the culpable conduct or negligence of this answering defendant. But if a verdict of judgment is
awarded to the plaintiff(s), then and in that event the damages shall be reduced in the proportion
which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which
caused the damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
13. The Complaint fails to state a claim as against PROFESSIONAL CORPORATE
SECURITY SERVICES, INC.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
14. Whatever injuries and/or damages sustained by the plaintiff at the time and place
alleged in the Complaint, were due to the acts of parties over whom the defendant was not obligated
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to exercise any control or supervision.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
15. Plaintiff(s) failed to mitigate damages.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
16. The plaintiff's (s’) Complaint should be dismissed since the claims against the
defendant(s) is/are frivolous; and costs and attorney’s fees should be awarded to defendant(s)
pursuant to CPLR §8303-a.
AS AND FOR A FIRST CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS
17. That if plaintiff was caused to sustain damages by reason of the claims set forth in
the complaint, all of which are specifically denied, such damages were sustained by reason of the
acts, conduct, misfeasance or nonfeasance, of defendants, 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS, its agents, servants
and/or employees, and not by this answering defendant, and if any judgment is recovered by
plaintiff against this answering defendant, such defendant will be damaged thereby, and co-
defendants, 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT
CLUB, AND ISAAC J. RIOS, are or will be responsible therefore in whole or in part.
AS AND FOR A SECOND CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS
18. That if plaintiff(s) was caused to sustain damages by reason of the claims set forth in
the complaint, all of which are specifically denied, and if any judgment is recovered by the
plaintiff(s) against this answering defendant, that under a contract entered into between the parties
or by reason of express or implied warranty, the defendants, 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS, will be liable over to
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this answering defendant pursuant to the terms of the indemnity agreement in said contract or
warranty, for the full amount of any verdict or judgment awarded to the plaintiff(s) against this
answering defendant, together with attorney’s fees, costs and disbursements.
AS AND FOR A THIRD CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS
19. Prior to the date of the accident, the co-defendant(s) entered into an agreement with
defendant herein. That in said agreement, co-defendant(s) agreed to indemnify and hold this
defendant harmless from and against any and all claims and demands for, or in connection with any
action, injury or demand whatsoever concerning any person or property. That said agreement was in
full force and effect on the date of the accident as alleged in plaintiff's complaint. That this
defendant is entitled to be indemnified by reason of a breach of contract and/or common law
indemnity and held harmless by the co-defendant(s) for the claim and suit of the plaintiff herein.
AS AND FOR A FOURTH CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC.,
JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS
20. Prior to the date of the accident, the co-defendant(s) entered into an agreement with
defendant herein. That in said agreement, co-defendant(s) agreed to procure insurance and to name
this defendant as an additional insured on that policy against any and all claims and demands for, or
in connection with, any action, injury or demand whatsoever concerning any person or property.
That said agreement was in full force and effect on the date of the accident as alleged in plaintiff’s
complaint. That this defendant is entitled to insurance coverage and additional insured status by
reason of the contract entered into between the parties herein.
WHEREFORE, defendant(s) PROFESSIONAL CORPORATE SECURITY SERVICES,
INC., demands judgment dismissing the complaint herein together with the costs and disbursements
of this action.
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Dated: New York, New York
August 30, 2021
Yours, etc.
GOETZ SCHENKER BLEE & WIEDERHORN
By: Robert G. Schenker, Esq.
Attorneys for Defendant
PROFESSIONAL CORPORATE SECURITY
SERVICES, INC.
101 Greenwich Street, 20th Floor
New York, New York 10006
(212) 363-6900
Our File No.: 18233-NW
TO:
Bryan Barenbaum, Esq.
LAW OFFICES OF BRYAN BARENBAUM
Attorneys for Plaintiff
2060 Eastern Parkway
Brooklyn, NY 11207
(718) 421-1111
bryan@brooklynjustice.com
John W. Bieder, Esq.
BLACK MARJIEH & SANFORD, LLP
Attorneys for Defendant
147-02/12 LIBERTY AVE., LLC
100 Clearbrook Road
Elmsford, NY 10523
(914) 704-4400
Neil J. Palmieri, Esq.
BONGIORNO, MONTIGLIO, MITCHELL
& PALMIERI, LLC
Attorneys for Defendant
JOUVAY NY INC. d/b/a JOUVAY NIGHT CLUB
200 Old Country Road – Suite 680
Mineola, NY 11501
(516) 620-4490
File No.: FRS 016421 NJP
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Not yet represented:
ISAAC J. RIOS
138 Delaware Avenue
Bayshore, NY 11706
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STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
Robert G. Schenker, being duly sworn, deposes and says:
That he is the attorney for the defendant in the within action; that he has read the within Answer and
knows the contents thereof, and that same is true to his own knowledge, except and to the matters
herein stated to be alleged upon information and belief, and that as to those matters he believes it to
be true.
That the sources of his information and knowledge are investigation and records on file.
That the reason this verification is being made by deponent and not by defendant is that the
defendant is not within the county where deponent has his office.
________
Robert G. Schenker
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Preview
FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ——————————————————————X NICHOLAS GRANT, VERIFIED ANSWER Plaintiff, -against- Index No.: 510433/2019 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, ISAAC J. RIOS, and PROFESSIONAL CORPORATE SECURITY SERVICES, INC., Defendants. ——————————————————————X Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., by its attorneys GOETZ SCHENKER BLEE & WIEDERHORN, as and for its answer to the plaintiff's complaint, respectfully alleges: 1. Denies each and every allegation set forth in the paragraph(s) numbered 61, 62, 63, and 66. 2. Denies knowledge and information sufficient to form a belief as to those allegations set forth in the paragraph(s) numbered 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 82, 83, 86, 87, 88, 89, 96, 97, 101, 102, 105, 106, and 107. 3. Upon information and belief denies those allegations set forth in the paragraph(s) numbered 74, 80, 81, 84, 85, 90, 91, 94, 98, 99, 103, 108, and 109. 4. Denies each and every allegation set forth in the paragraph(s) numbered "40, 41, 42, 43, 44, and 45" except admits that PROFESSIONAL CORPORATE SECURITY SERVICES, INC., conducts business in the State of New York. 1 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 5. Denies each and every allegation set forth in the paragraph(s) numbered "2, 64, 65, 67, 92, and 93" and leaves all matters of law to the Honorable Court. 6. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the Complaint designated 1 through 94 inclusive, with the same force and effect as if set forth here more particularly at length, all in response to the paragraph of the Complaint designated 95. 7. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the Complaint designated 1 through 99 inclusive, with the same force and effect as if set forth here more particularly at length, all in response to the paragraph of the Complaint designated 100. 8. Defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., repeats and reiterates each and every denial heretofore made in this Answer to the paragraphs of the Complaint designated 1 through 103 inclusive, with the same force and effect as if set forth here more particularly at length, all in response to the paragraph of the Complaint designated 104. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. Pursuant to CPLR Article 16, the liability of defendant, PROFESSIONAL CORPORATE SECURITY SERVICES, INC., to the plaintiff(s) herein for non-economic loss is limited to defendant PROFESSIONAL CORPORATE SECURITY SERVICES, INC.‘s (s’) equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. That by entering into the activity in which the plaintiff(s) was engaged at the time of the occurrence set forth in the complaint, said plaintiff(s) knew the hazards thereof and the inherent 2 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 risks incident thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were sustained by the plaintiff(s) herein as alleged in the Complaint arose from and were caused by reason of such risks voluntarily undertaken by the plaintiff(s) in his/her activities and such risks were assumed and accepted by him/her in performing and engaging in said activities. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. Plaintiff(s) have recovered the costs of medical care, dental care, custodial care, rehabilitation services, loss of earnings and other economical loss and any future such loss or expense will, with reasonable certainty, be replaced or indemnified in whole or in part from collateral sources. Any award made to plaintiff(s) shall be reduced in accordance with the provisions of CPLR 4545(c). AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 12. Any damages sustained by the plaintiff(s) were caused by the culpable conduct of the plaintiff(s), including contributory negligence, assumption of risks, breach of contract and not by the culpable conduct or negligence of this answering defendant. But if a verdict of judgment is awarded to the plaintiff(s), then and in that event the damages shall be reduced in the proportion which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which caused the damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 13. The Complaint fails to state a claim as against PROFESSIONAL CORPORATE SECURITY SERVICES, INC. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 14. Whatever injuries and/or damages sustained by the plaintiff at the time and place alleged in the Complaint, were due to the acts of parties over whom the defendant was not obligated 3 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 to exercise any control or supervision. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 15. Plaintiff(s) failed to mitigate damages. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 16. The plaintiff's (s’) Complaint should be dismissed since the claims against the defendant(s) is/are frivolous; and costs and attorney’s fees should be awarded to defendant(s) pursuant to CPLR §8303-a. AS AND FOR A FIRST CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS 17. That if plaintiff was caused to sustain damages by reason of the claims set forth in the complaint, all of which are specifically denied, such damages were sustained by reason of the acts, conduct, misfeasance or nonfeasance, of defendants, 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS, its agents, servants and/or employees, and not by this answering defendant, and if any judgment is recovered by plaintiff against this answering defendant, such defendant will be damaged thereby, and co- defendants, 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS, are or will be responsible therefore in whole or in part. AS AND FOR A SECOND CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS 18. That if plaintiff(s) was caused to sustain damages by reason of the claims set forth in the complaint, all of which are specifically denied, and if any judgment is recovered by the plaintiff(s) against this answering defendant, that under a contract entered into between the parties or by reason of express or implied warranty, the defendants, 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS, will be liable over to 4 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 this answering defendant pursuant to the terms of the indemnity agreement in said contract or warranty, for the full amount of any verdict or judgment awarded to the plaintiff(s) against this answering defendant, together with attorney’s fees, costs and disbursements. AS AND FOR A THIRD CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS 19. Prior to the date of the accident, the co-defendant(s) entered into an agreement with defendant herein. That in said agreement, co-defendant(s) agreed to indemnify and hold this defendant harmless from and against any and all claims and demands for, or in connection with any action, injury or demand whatsoever concerning any person or property. That said agreement was in full force and effect on the date of the accident as alleged in plaintiff's complaint. That this defendant is entitled to be indemnified by reason of a breach of contract and/or common law indemnity and held harmless by the co-defendant(s) for the claim and suit of the plaintiff herein. AS AND FOR A FOURTH CROSS-CLAIM AGAINST 147-02/12 LIBERTY AVE., LLC., JOUVAY NY, INC. d/b/a JOUVAY NIGHT CLUB, AND ISAAC J. RIOS 20. Prior to the date of the accident, the co-defendant(s) entered into an agreement with defendant herein. That in said agreement, co-defendant(s) agreed to procure insurance and to name this defendant as an additional insured on that policy against any and all claims and demands for, or in connection with, any action, injury or demand whatsoever concerning any person or property. That said agreement was in full force and effect on the date of the accident as alleged in plaintiff’s complaint. That this defendant is entitled to insurance coverage and additional insured status by reason of the contract entered into between the parties herein. WHEREFORE, defendant(s) PROFESSIONAL CORPORATE SECURITY SERVICES, INC., demands judgment dismissing the complaint herein together with the costs and disbursements of this action. 5 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 Dated: New York, New York August 30, 2021 Yours, etc. GOETZ SCHENKER BLEE & WIEDERHORN By: Robert G. Schenker, Esq. Attorneys for Defendant PROFESSIONAL CORPORATE SECURITY SERVICES, INC. 101 Greenwich Street, 20th Floor New York, New York 10006 (212) 363-6900 Our File No.: 18233-NW TO: Bryan Barenbaum, Esq. LAW OFFICES OF BRYAN BARENBAUM Attorneys for Plaintiff 2060 Eastern Parkway Brooklyn, NY 11207 (718) 421-1111 bryan@brooklynjustice.com John W. Bieder, Esq. BLACK MARJIEH & SANFORD, LLP Attorneys for Defendant 147-02/12 LIBERTY AVE., LLC 100 Clearbrook Road Elmsford, NY 10523 (914) 704-4400 Neil J. Palmieri, Esq. BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, LLC Attorneys for Defendant JOUVAY NY INC. d/b/a JOUVAY NIGHT CLUB 200 Old Country Road – Suite 680 Mineola, NY 11501 (516) 620-4490 File No.: FRS 016421 NJP 6 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 Not yet represented: ISAAC J. RIOS 138 Delaware Avenue Bayshore, NY 11706 7 of 8 FILED: KINGS COUNTY CLERK 03/12/2024 08/30/2021 01:20 09:17 PM AM INDEX NO. 510433/2019 NYSCEF DOC. NO. 134 33 RECEIVED NYSCEF: 03/12/2024 08/30/2021 STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Robert G. Schenker, being duly sworn, deposes and says: That he is the attorney for the defendant in the within action; that he has read the within Answer and knows the contents thereof, and that same is true to his own knowledge, except and to the matters herein stated to be alleged upon information and belief, and that as to those matters he believes it to be true. That the sources of his information and knowledge are investigation and records on file. That the reason this verification is being made by deponent and not by defendant is that the defendant is not within the county where deponent has his office. ________ Robert G. Schenker 8 of 8