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FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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AIKER ORITZ,
Index No: 701831/2023
Plaintiff,
-against-
VERIFIED ANSWER TO
RB REALTY CAPITAL LLC, NY DEVELOPERS & THIRD-PARTY COMPLAINT
MANAGEMENT LLC, and CORE SCAFFOLD WITH CROSS-CLAIMS
SYSTEMS INC.,
Defendants.
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RB REALTY CAPITAL LLC and NY DEVELOPERS
& MANAGEMENT LLC,
Third-Party Plaintiffs,
-against-
PRIME STRUCTURE INC. and GAJ DIVISION CORP.,
Third-Party Defendants.
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Third-Party Defendant, GAJ DIVISION CORP. (hereinafter “Defendant”), by their
attorneys, PEIRCE & SALVATO PLLC, answering the Third-Party Plaintiff’s Complaint
(hereinafter “Complaint”):
1. In answer to Paragraph 1 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
2. In answer to Paragraph 2 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
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3. In answer to Paragraph 3 of Plaintiff’s Complaint, Defendant admits the allegation.
4. In answer to Paragraph 4 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
5. In answer to Paragraph 5 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
6. In answer to Paragraph 6 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
7. In answer to Paragraph 7 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
8. In answer to Paragraph 8 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
9. In answer to Paragraph 9 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
AS AND FOR A FIRST CAUSE OF ACTION
(Contribution)
10. Defendant repeats and realleges each and every response to the allegations
contained in paragraphs “1” through “9” of the Complaint as if fully set forth at length herein.
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11. In answer to Paragraph 11 of Plaintiff’s Complaint, Defendant denies each and
every allegation therein.
12. In answer to Paragraph 12 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
AS AND FOR A SECOND CAUSE OF ACTION
(Common-Law Indemnification)
13. Defendant repeats and realleges each and every response to the allegations
contained in paragraphs “1” through “12” of the Complaint as if fully set forth at length herein.
14. In answer to Paragraph 14 of Plaintiff’s Complaint, Defendant denies each and
every allegation therein.
AS AND FOR A THIRD CAUSE OF ACTION
(Contractual Indemnification)
15. Defendant repeats and realleges each and every response to the allegations
contained in paragraphs “1” through “14” of the Complaint as if fully set forth at length herein.
16. In answer to Paragraph 16 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
17. In answer to Paragraph 17 of Plaintiff’s Complaint, Defendant denies each and
every allegation therein.
18. In answer to Paragraph 18 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
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AS AND FOR A FOURTH CAUSE OF ACTION
(Breach of Contract)
19. Defendant repeats and realleges each and every response to the allegations
contained in paragraphs “1” through “18” of the Complaint as if fully set forth at length herein.
20. In answer to Paragraph 20 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
21. In answer to Paragraph 21 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
22. In answer to Paragraph 22 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
23. In answer to Paragraph 23 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
24. In answer to Paragraph 24 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
25. In answer to Paragraph 25 of the Plaintiff’s Complaint, Defendant lacks sufficient
knowledge and information to form a belief as to the truth of the allegations contained therein, and
therefore denies same.
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AS AND FOR A FIRST SEPARATE AFFIRMATIVE DEFENSE
That in the event that plaintiff has or should in the future, settle any portion of the claims
arising from the allegations contained in plaintiff’s complaint with any currently named or still to
be named defendant(s), the respective rights of the remaining parties should be determined
pursuant to the General Obligations Law Section 15-108.
AS AND FOR A SECOND SEPARATE AFFIRMATIVE DEFENSE
The Third-Party Defendant herein received no notice, actual or constructive, of any
allegedly dangerous condition.
AS AND FOR A THIRD SEPARATE AFFIRMATIVE DEFENSE
The provisions of the Labor Law are not applicable to the within action.
AS AND FOR A FOURTH SEPARATE AFFIRMATIVE DEFENSE
Plaintiff/Third-Party Plaintiff has failed to join necessary and material parties to this
action, warranting the actions dismissal.
AS AND FOR A FIFTH SEPARATE AFFIRMATIVE DEFENSE
Plaintiff was the sole proximate cause of his accident.
AS AND FOR A SIXTH SEPARATE AFFIRMATIVE DEFENSE
Any injuries suffered by plaintiff were not caused by a negligent act or omission of
answering Third-Party Defendants or any individual acting under their direction or control.
AS AND FOR AN SEVENTH SEPARATE AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate or otherwise act to lessen or reduce the damages alleged in the
Complaint.
AS AND FOR AN EIGHTH SEPARATE AFFIRMATIVE DEFENSE
Third-Party Defendant alleges that the plaintiff received remuneration and/or
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compensation for some or all of his claimed economic loss and that the defendants are entitled to
have plaintiff’s award, if any, reduced by the amount of that remuneration and/or compensation,
pursuant to Section 4545 of the Civil Practice Law and Rules.
AS AND FORA NINTH SEPARATE AFFIRMATIVE DEFENSE
This answering Third-Party Defendant, their agents, servants and/or employees did not
take part in or direct any of the acts complained of which resulted in plaintiff’s alleged injuries.
AS AND FOR AN TENTH SEPARATE AFFIRMATIVE DEFENSE
The plaintiff’s injuries, if any, were caused in whole or in party by a person or persons
who are not within the control of the answering Third-Party Defendants.
AS AND FOR AN ELEVENTH SEPARATE AFFIRMATIVE DEFENSE
If plaintiff sustained injuries as alleged in the Third-Party Complaint, which is denied,
there was an intervening, superseding cause or causes leading to this alleged damage, and
therefore, any action/inaction on the part of the answering defendants was not the proximate
cause and/or competent producing cause of the alleged injuries.
AS AND FOR A TWELVFTH SEPARATE AFFIRMATIVE DEFENSE
Upon information and belief, any past or future costs or expenses incurred or to be
incurred by plaintiff for medical care, dental care, custodial care or rehabilitative services, loss
of earnings or other economic loss may have been paid, replaced or indemnified in whole or in
part from collateral sources, or with reasonable certainty will be replaced or indemnified in the
future from such collateral sources as defined in Section 4545(c) of the New York Civil
Practice Law and Rules and to that extent, this answering defendant requests that in the event
plaintiff recovers any judgment herein, that such amount as is recovered in whole or in part
from collateral sources be reduced by said amounts.
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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
The complaint and each and every cause of action within it fails to state a claim upon
which relief can be granted.
AS AND FOR A FOURTEENTH SEPARATE AFFIRMATIVE DEFENSE
That Plaintiff failed and refused to use available tools, instruments and/or safety
devices and was therefore a recalcitrant worker.
AS AND FORA FIFTEENTH SEPARATE AFFIRMATIVE DEFENSE
The Plaintiff did not sustain a “grave injury”.
AS AND FOR A SIXTEENTH SEPARATE AFFIRMATIVE DEFENSE
Pursuant to the provisions of Article 16 of the CPLR, should Third-Party Defendant be
found liable for damages, such liability being fifty (50) percent or less of the total liability
assigned to all persons liable, the liability of Third-Party Defendants for non-economic loss shall
not exceed its equitable share determined in accordance with the relative culpability of all parties
liable.
AS AND FOR A FIRST CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION
AGAINST THIRD-PARTY DEFENDANT PRIME STRUCTURE, INC.
That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth
in the Complaint through any carelessness, recklessness and/or negligence other than the plaintiff’s
own, such damages were sustained in whole or in part due to the primary and active carelessness,
recklessness and negligence and/or negligent acts of omission or commission of the co-defendants,
its agent(s), servant(s) and/or employee(s) with the negligence of the answering defendant, if any,
being secondary, derivative and created solely by operation of law.
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If plaintiff should recover judgment against GAJ DIVISION CORP., then co-defendants shall
be liable to fully indemnify GAJ DIVISION CORP., for the amount of any recovery obtained herein
by plaintiff against GAJ DIVISION CORP., as the Court or jury may direct.
That by reason of this action, GAJ DIVISION CORP., have been and will incur costs and
expenses, including attorneys' fees, and, GAJ DIVISION CORP., demands judgment dismissing the
Complaint herein as to GAJ DIVISION CORP., and, further, demands judgment over and against
co-defendant for the amount of any judgment which may be obtained herein by the plaintiff against
GAJ DIVISION CORP., or in such amount as a Court or jury may determine, together with the costs
and disbursements of the action.
AS AND FOR A SECOND CROSS-CLAIM FOR CONTRIBUTION/NEGLIGENCE LAW
AGAINST THIRD-PARTY DEFENDANT PRIME STRUCTURE, INC.
That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth
in the Complaint through any carelessness, recklessness and/or negligence other than the plaintiff’s
own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness
and negligence and/or negligent acts of omission or commission of co-defendants, their agent(s),
servant(s) and/or employee(s).
Further, if plaintiff should recover judgment against GAJ DIVISION CORP., the co-
defendant shall be liable to GAJ DIVISION CORP., on the basis of apportionment of responsibility
for the alleged occurrence and GAJ DIVISION CORP., are entitled to contribution from and
judgment over and against co-defendants for all or part of any verdict or judgment which plaintiff
may recover in such amounts as a jury or Court may direct.
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GAJ DIVISION CORP., demands judgment dismissing the Complaint herein as to GAJ
DIVISION CORP., and further demands judgment over and against co-defendant for the amount of
any judgment which may be obtained herein by plaintiff against GAJ DIVISION CORP., or in such
amount as the Court or jury may determine, together with the costs and disbursements of the action.
WHEREFORE, GAJ DIVISION CORP., demands judgment against THIRD-PARTY
PLAINTIFFS dismissing the complaint and any cross-claims, together with all costs and
disbursements of this action.
Dated: White Plains, New York
April 22, 2024
PEIRCE & SALVATO
_______________________
Breanna C. Kromer, Esq.
Attorneys for Third-Party Defendant
GAJ DIVISION CORP.
8 Cottage Place
White Plains, New York 10601
Tele: 914-946-8200
Email: Breanna.c.kromer@peircesalvato.com
TO:
Russ M. Patane, Esq.
GOLDEN, ROTHSCHILD, SPAGNOLA,
LUNDELL, BOYLAN, GARUBO & BELL, P.C.
Attorneys for Defendants/Third-Party Plaintiff,
RB REALTY CAPITAL LLC and NY
DEVELOPERS & MANAGEMENT LLC
40 Exchange Place, 19th Floor - Suite 1900
New York, New York 10005
SILBERSTEIN AWAD & MIKLOS, PC
Attorneys for Plaintiff
AIKER ORTIZ
600 Old Country Road - Suite 505
Garden City, New York 11530
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FUCHS ROSENZWEIG PLLC
Attorneys for Defendant
CORE SCAFFOLD SYSTEMS, INC
11 Broadway, Suite 570
New York, New York 10004
MONTFORT HEALY McGUIRE & SALLEY LLP
Attorneys for Third-Party Defendant
PRIME STRUCTURE INC.
840 Franklin Avenue, PO Box 7677
Garden City, New York 11530
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VERIFICATION BY ATTORNEY
BREANNA C. KROMER, an attorney at law, duly admitted to practice in the Courts of the
State of New York, affirms that she has read the foregoing VERIFIED ANSWER TO THIRD-
PARTY COMPLAINT WITH CROSS-CLAIMS and that the same is true to the best of her
knowledge, which is based on investigation, information, and belief. This verification is not made
by third-party defendant as he/they is/are not currently in the same county where its attorney
maintains an office or defendant includes a governmental subdivision and this verification is made
by a person acquainted with the facts of this action.
Dated: White Plains, New York
April 22, 2024
________________________________
BREANNA C. KROMER
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FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------------------------------------X AIKER ORITZ, Index No: 701831/2023 Plaintiff, -against- VERIFIED ANSWER TO RB REALTY CAPITAL LLC, NY DEVELOPERS & THIRD-PARTY COMPLAINT MANAGEMENT LLC, and CORE SCAFFOLD WITH CROSS-CLAIMS SYSTEMS INC., Defendants. ------------------------------------------------------------------X RB REALTY CAPITAL LLC and NY DEVELOPERS & MANAGEMENT LLC, Third-Party Plaintiffs, -against- PRIME STRUCTURE INC. and GAJ DIVISION CORP., Third-Party Defendants. ------------------------------------------------------------------X Third-Party Defendant, GAJ DIVISION CORP. (hereinafter “Defendant”), by their attorneys, PEIRCE & SALVATO PLLC, answering the Third-Party Plaintiff’s Complaint (hereinafter “Complaint”): 1. In answer to Paragraph 1 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 2. In answer to Paragraph 2 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 1 1 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 3. In answer to Paragraph 3 of Plaintiff’s Complaint, Defendant admits the allegation. 4. In answer to Paragraph 4 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 5. In answer to Paragraph 5 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 6. In answer to Paragraph 6 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 7. In answer to Paragraph 7 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 8. In answer to Paragraph 8 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 9. In answer to Paragraph 9 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. AS AND FOR A FIRST CAUSE OF ACTION (Contribution) 10. Defendant repeats and realleges each and every response to the allegations contained in paragraphs “1” through “9” of the Complaint as if fully set forth at length herein. 2 2 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 11. In answer to Paragraph 11 of Plaintiff’s Complaint, Defendant denies each and every allegation therein. 12. In answer to Paragraph 12 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. AS AND FOR A SECOND CAUSE OF ACTION (Common-Law Indemnification) 13. Defendant repeats and realleges each and every response to the allegations contained in paragraphs “1” through “12” of the Complaint as if fully set forth at length herein. 14. In answer to Paragraph 14 of Plaintiff’s Complaint, Defendant denies each and every allegation therein. AS AND FOR A THIRD CAUSE OF ACTION (Contractual Indemnification) 15. Defendant repeats and realleges each and every response to the allegations contained in paragraphs “1” through “14” of the Complaint as if fully set forth at length herein. 16. In answer to Paragraph 16 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 17. In answer to Paragraph 17 of Plaintiff’s Complaint, Defendant denies each and every allegation therein. 18. In answer to Paragraph 18 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 3 3 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 AS AND FOR A FOURTH CAUSE OF ACTION (Breach of Contract) 19. Defendant repeats and realleges each and every response to the allegations contained in paragraphs “1” through “18” of the Complaint as if fully set forth at length herein. 20. In answer to Paragraph 20 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 21. In answer to Paragraph 21 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 22. In answer to Paragraph 22 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 23. In answer to Paragraph 23 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 24. In answer to Paragraph 24 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 25. In answer to Paragraph 25 of the Plaintiff’s Complaint, Defendant lacks sufficient knowledge and information to form a belief as to the truth of the allegations contained therein, and therefore denies same. 4 4 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 AS AND FOR A FIRST SEPARATE AFFIRMATIVE DEFENSE That in the event that plaintiff has or should in the future, settle any portion of the claims arising from the allegations contained in plaintiff’s complaint with any currently named or still to be named defendant(s), the respective rights of the remaining parties should be determined pursuant to the General Obligations Law Section 15-108. AS AND FOR A SECOND SEPARATE AFFIRMATIVE DEFENSE The Third-Party Defendant herein received no notice, actual or constructive, of any allegedly dangerous condition. AS AND FOR A THIRD SEPARATE AFFIRMATIVE DEFENSE The provisions of the Labor Law are not applicable to the within action. AS AND FOR A FOURTH SEPARATE AFFIRMATIVE DEFENSE Plaintiff/Third-Party Plaintiff has failed to join necessary and material parties to this action, warranting the actions dismissal. AS AND FOR A FIFTH SEPARATE AFFIRMATIVE DEFENSE Plaintiff was the sole proximate cause of his accident. AS AND FOR A SIXTH SEPARATE AFFIRMATIVE DEFENSE Any injuries suffered by plaintiff were not caused by a negligent act or omission of answering Third-Party Defendants or any individual acting under their direction or control. AS AND FOR AN SEVENTH SEPARATE AFFIRMATIVE DEFENSE Plaintiff failed to mitigate or otherwise act to lessen or reduce the damages alleged in the Complaint. AS AND FOR AN EIGHTH SEPARATE AFFIRMATIVE DEFENSE Third-Party Defendant alleges that the plaintiff received remuneration and/or 5 5 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 compensation for some or all of his claimed economic loss and that the defendants are entitled to have plaintiff’s award, if any, reduced by the amount of that remuneration and/or compensation, pursuant to Section 4545 of the Civil Practice Law and Rules. AS AND FORA NINTH SEPARATE AFFIRMATIVE DEFENSE This answering Third-Party Defendant, their agents, servants and/or employees did not take part in or direct any of the acts complained of which resulted in plaintiff’s alleged injuries. AS AND FOR AN TENTH SEPARATE AFFIRMATIVE DEFENSE The plaintiff’s injuries, if any, were caused in whole or in party by a person or persons who are not within the control of the answering Third-Party Defendants. AS AND FOR AN ELEVENTH SEPARATE AFFIRMATIVE DEFENSE If plaintiff sustained injuries as alleged in the Third-Party Complaint, which is denied, there was an intervening, superseding cause or causes leading to this alleged damage, and therefore, any action/inaction on the part of the answering defendants was not the proximate cause and/or competent producing cause of the alleged injuries. AS AND FOR A TWELVFTH SEPARATE AFFIRMATIVE DEFENSE Upon information and belief, any past or future costs or expenses incurred or to be incurred by plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss may have been paid, replaced or indemnified in whole or in part from collateral sources, or with reasonable certainty will be replaced or indemnified in the future from such collateral sources as defined in Section 4545(c) of the New York Civil Practice Law and Rules and to that extent, this answering defendant requests that in the event plaintiff recovers any judgment herein, that such amount as is recovered in whole or in part from collateral sources be reduced by said amounts. 6 6 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE The complaint and each and every cause of action within it fails to state a claim upon which relief can be granted. AS AND FOR A FOURTEENTH SEPARATE AFFIRMATIVE DEFENSE That Plaintiff failed and refused to use available tools, instruments and/or safety devices and was therefore a recalcitrant worker. AS AND FORA FIFTEENTH SEPARATE AFFIRMATIVE DEFENSE The Plaintiff did not sustain a “grave injury”. AS AND FOR A SIXTEENTH SEPARATE AFFIRMATIVE DEFENSE Pursuant to the provisions of Article 16 of the CPLR, should Third-Party Defendant be found liable for damages, such liability being fifty (50) percent or less of the total liability assigned to all persons liable, the liability of Third-Party Defendants for non-economic loss shall not exceed its equitable share determined in accordance with the relative culpability of all parties liable. AS AND FOR A FIRST CROSS-CLAIM FOR COMMON LAW INDEMNIFICATION AGAINST THIRD-PARTY DEFENDANT PRIME STRUCTURE, INC. That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth in the Complaint through any carelessness, recklessness and/or negligence other than the plaintiff’s own, such damages were sustained in whole or in part due to the primary and active carelessness, recklessness and negligence and/or negligent acts of omission or commission of the co-defendants, its agent(s), servant(s) and/or employee(s) with the negligence of the answering defendant, if any, being secondary, derivative and created solely by operation of law. 7 7 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 If plaintiff should recover judgment against GAJ DIVISION CORP., then co-defendants shall be liable to fully indemnify GAJ DIVISION CORP., for the amount of any recovery obtained herein by plaintiff against GAJ DIVISION CORP., as the Court or jury may direct. That by reason of this action, GAJ DIVISION CORP., have been and will incur costs and expenses, including attorneys' fees, and, GAJ DIVISION CORP., demands judgment dismissing the Complaint herein as to GAJ DIVISION CORP., and, further, demands judgment over and against co-defendant for the amount of any judgment which may be obtained herein by the plaintiff against GAJ DIVISION CORP., or in such amount as a Court or jury may determine, together with the costs and disbursements of the action. AS AND FOR A SECOND CROSS-CLAIM FOR CONTRIBUTION/NEGLIGENCE LAW AGAINST THIRD-PARTY DEFENDANT PRIME STRUCTURE, INC. That if plaintiff was caused to sustain injuries and/or damages at the time and place set forth in the Complaint through any carelessness, recklessness and/or negligence other than the plaintiff’s own, such damages were sustained in whole or in part by any reason of the carelessness, recklessness and negligence and/or negligent acts of omission or commission of co-defendants, their agent(s), servant(s) and/or employee(s). Further, if plaintiff should recover judgment against GAJ DIVISION CORP., the co- defendant shall be liable to GAJ DIVISION CORP., on the basis of apportionment of responsibility for the alleged occurrence and GAJ DIVISION CORP., are entitled to contribution from and judgment over and against co-defendants for all or part of any verdict or judgment which plaintiff may recover in such amounts as a jury or Court may direct. 8 8 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 GAJ DIVISION CORP., demands judgment dismissing the Complaint herein as to GAJ DIVISION CORP., and further demands judgment over and against co-defendant for the amount of any judgment which may be obtained herein by plaintiff against GAJ DIVISION CORP., or in such amount as the Court or jury may determine, together with the costs and disbursements of the action. WHEREFORE, GAJ DIVISION CORP., demands judgment against THIRD-PARTY PLAINTIFFS dismissing the complaint and any cross-claims, together with all costs and disbursements of this action. Dated: White Plains, New York April 22, 2024 PEIRCE & SALVATO _______________________ Breanna C. Kromer, Esq. Attorneys for Third-Party Defendant GAJ DIVISION CORP. 8 Cottage Place White Plains, New York 10601 Tele: 914-946-8200 Email: Breanna.c.kromer@peircesalvato.com TO: Russ M. Patane, Esq. GOLDEN, ROTHSCHILD, SPAGNOLA, LUNDELL, BOYLAN, GARUBO & BELL, P.C. Attorneys for Defendants/Third-Party Plaintiff, RB REALTY CAPITAL LLC and NY DEVELOPERS & MANAGEMENT LLC 40 Exchange Place, 19th Floor - Suite 1900 New York, New York 10005 SILBERSTEIN AWAD & MIKLOS, PC Attorneys for Plaintiff AIKER ORTIZ 600 Old Country Road - Suite 505 Garden City, New York 11530 9 9 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 FUCHS ROSENZWEIG PLLC Attorneys for Defendant CORE SCAFFOLD SYSTEMS, INC 11 Broadway, Suite 570 New York, New York 10004 MONTFORT HEALY McGUIRE & SALLEY LLP Attorneys for Third-Party Defendant PRIME STRUCTURE INC. 840 Franklin Avenue, PO Box 7677 Garden City, New York 11530 10 10 of 11 FILED: QUEENS COUNTY CLERK 04/22/2024 10:49 AM INDEX NO. 701831/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 04/22/2024 VERIFICATION BY ATTORNEY BREANNA C. KROMER, an attorney at law, duly admitted to practice in the Courts of the State of New York, affirms that she has read the foregoing VERIFIED ANSWER TO THIRD- PARTY COMPLAINT WITH CROSS-CLAIMS and that the same is true to the best of her knowledge, which is based on investigation, information, and belief. This verification is not made by third-party defendant as he/they is/are not currently in the same county where its attorney maintains an office or defendant includes a governmental subdivision and this verification is made by a person acquainted with the facts of this action. Dated: White Plains, New York April 22, 2024 ________________________________ BREANNA C. KROMER 11 11 of 11