Preview
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------- x Index No.: 801896/2024E
JONAS DEJESUS HIERRO, :
:
Plaintiff, :
:
-against- : VERIFIED ANSWER
:
HUB TRUCK RENTAL CORP., NEBRASKALAND :
INC. and CARLOS OLIVENCIA, :
:
Defendants. :
----------------------------------------------------------------------- x
Defendants, HUB TRUCK RENTAL CORP. and NEBRASKALAND INC., by and
through their attorneys LEWIS BRISBOIS BISGAARD & SMITH LLP, as and for their Verified
Answer to the Verified Complaint allege the following upon information and belief:
1. Defendants deny having knowledge or information sufficient to form a belief as to
the truth of each and every allegation contained within the paragraphs of plaintiff’s Verified
Complaint designated as “1”, “11”, “12”, “18”, “19”, “25”, “26”, “27”, “28”, “29”, “30”, “32”,
“33”, “34”, “35”, “36” and “37”.
2. Defendants deny each and every allegation contained within the paragraphs of
plaintiff’s Verified Complaint designated as “2”, “3”, “5”, “8”, “9” and “54”.
3. Defendants deny each and every allegation contained within the paragraph of
plaintiff’s Verified Complaint designated as “4”, but admit HUB TRUCK CORP. is a domestic
business corporation in the State of New York.
4. Defendants deny each and every allegation contained within the paragraph of
plaintiff’s Verified Complaint designated as “6”, but admit HUB TRUCK CORP. is a domestic
corporation in the State of New York.
140207111.1
1 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
5. Defendants deny each and every allegation contained within the paragraphs of
plaintiff’s Verified Complaint designated as “7” and “10”, but admit NEBRASKALAND is a
domestic corporation in the State of New York.
6. Defendants deny having knowledge or information sufficient to form a belief as to
the truth of each and every allegation contained within the paragraphs of plaintiff’s Verified
Complaint designated as “13”, “14”, “15”, “16”, “17”, “20”, “21”, “22”, “23”, “24”, “31”, “38”,
“39”, “40”, “41”, “42”, “43”, “44”, “45”, “46”, “47” and “48”, and respectfully refer all questions
of law to this Honorable Court for its determination.
7. Defendants deny each and every allegation contained within the paragraph of
plaintiff’s Verified Complaint designated as “49”, “50”, “51”, “52”, and “53”, and respectfully
refer all question of law to this Honorable Court for its determination.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
8. The instant lawsuit may not be maintained pursuant to §5101, et seq. of the New
York State Insurance Law.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. The plaintiff failed to sustain a serious injury, as defined in subdivision (d) of §5102
of the Insurance Law, or economic loss greater than basic economic loss, as defined in subdivision
(a) of §5102 of the Insurance Law.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. Upon information and belief, if any damages were sustained by the plaintiff as
alleged in the plaintiff’s Complaint, which damages are expressly denied, all such damages have
been caused or were brought about, in whole or in part, by the affirmative wrongdoing, negligence,
want of care, omissions, failure to mitigate damages, or other culpable conduct or comparative
negligence of the plaintiff, and as a consequence thereof, plaintiff’s damages, if any, should be
140207111.1 -2-
2 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
reduced by the proportion of the plaintiff’s culpable conduct.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. Any injuries or damages were caused, in whole or in part, by the negligence or other
culpable conduct of third parties over which the answering defendants had no control or right to
exercise such control.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. That pursuant to CPLR Article 16, if it is determined by verdict or decision that two
or more tortfeasors are jointly liable to the plaintiff, and if the liability of the answering defendants
is found to be fifty percent or less of the total liability assigned to all persons liable, the liability of
answering defendants to the claimants for non-economic loss shall not exceed such defendants’
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 SIXTH AFFIRMATIVE DEFENSE
13. Defendants invoke the offsets and other statutory protections of CPLR Articles 14
and 14-a and Article 15 of the General Obligations Law.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. Upon information and belief, the answering defendants are entitled to a lesser
standard of care under the sudden emergency doctrine, in that they were confronted with an
emergency which was sudden, unexpected, and perilous, and permitted little or no opportunity to
apprehend the situation because of the shortness of time in which to react.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
15. No acts or omissions by the answering defendants were an actual cause, legal cause,
contributing cause, substantial factor or proximate cause with respect to the damages if any,
sustained by the plaintiff.
140207111.1 -3-
3 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
16. Plaintiff failed to state a claim for which relief may be granted.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
17. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
the injuries, damages, disabilities, if any, alleged in the Verified Complaint.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
18. In the event plaintiff recovers a verdict or judgment against the answering
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 claimed economic loss, from any collateral source such as
insurance, social security, workers’ compensation, or employee benefit programs.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
19. Upon information and belief, the plaintiff’s injuries, if any, were increased or
caused by plaintiff’s failure to use and wear seatbelts at the time of the occurrence and, under the
applicable laws, plaintiff may not recover for those injuries which they would not otherwise have
sustained.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
20. With regard to plaintiff’s failure to mitigate damages, the defense will offer proof
of the cost of premiums and out-of-pocket limits that were made available to plaintiff under the
Affordable Care Act, and will offer proof of the medical costs which plaintiff will not incur under
the Affordable Care Act.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
21. To the extent that plaintiff fails to take reasonable steps to protect themselves from
medical costs, health care or life care costs or to avail themselves of the resources, service benefits,
140207111.1 -4-
4 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
and coverage available to him under the Affordable Care Act, then plaintiff failed to mitigate his
damages and cannot recover for such failure.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
22. To the extent that plaintiff fails to obtain coverage available to him under the
Affordable Care Act as an individual or as a family member, which he is eligible to obtain, then
plaintiff failed to mitigate his damages and cannot recover for such failure.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
23. In the event plaintiff recovers a verdict or judgment against the answering
defendants, then said verdict or judgment must exclude or be reduced by those amounts which
will, with reasonable certainty, replace or indemnify plaintiff, in whole or in part, for any past or
future medical costs health care, life care or other economic loss or benefit that is offered or
provided under or in connection with the Patient Protection and Affordable Care Act.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
24. Plaintiff’s claims are barred by the doctrine of res judicata and collateral estoppel
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
25. Any and all risks, hazards, defects or dangers alleged were open, obvious and
apparent, natural and inherent and known, or should have been known to the plaintiff herein, and
the plaintiff voluntarily assumed all such risks, hazards, defects, and dangers.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
26. Upon information and belief, plaintiff’s acts were intentional and plaintiff’s
complaint makes false representations.
WHEREFORE, the answering defendants, HUB TRUCK RENTAL CORP. and
NEBRASKALAND INC. demand judgment dismissing the Complaint and awarding answering
defendants’ judgment against the plaintiff, together with costs, disbursements and counsel fees
140207111.1 -5-
5 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
incurred in the defense of this action and such other and further and different relief as this Court
may deem just and proper.
Dated: New York, New York
May 13, 2024
Yours etc.,
LEWIS BRISBOIS, BISGAARD &SMITH, LLP
By: Jennifer
,[ennifer R. Oxman
Jennifer R. Oxman
Attorneys for Defendants
HUB TRUCK RENTAL CORP., and
NEBRASKALAND INC.
77 Water Street, Suite 2100
New York, New York 10005
(212) 232-1409
File No.: 25631.919
jennifer.oxman@lewisbrisbois.com
TO: HECHT, KLEEGER & DAMASHEK, P.C.
Attn.: Eric Goldman, Esq.
Attorneys for Plaintiff
JONAS DEJESUS HIERRO
19 West 44th Street, Ste. 1500
New York, NY 10036
(212) 490-5700
goldman@lawyer1.com
NO APPEARANCE TO DATE
Carlos Olivencia
Defendant
1250 New York Avenue, Apt 3B
Brooklyn, NY 11203
140207111.1 -6-
6 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
ATTORNEY’S VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
JENNIFER OXMAN, being an attorney duly admitted to practice before the Courts of the
State of New York and fully aware of the penalties of perjury, hereby affirms as follows:
Affirmant is a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP,
attorneys for defendants, HUB TRUCK RENTAL CORP. and NEBRASKALAND INC. in the
within action and is fully familiar with the facts and circumstances involved in this matter from
reviewing the file regarding the same maintained in the offices of the said law firm.
Affirmant has read the foregoing VERIFIED ANSWER, know the contents thereof, and
the same are true to affirmant’s own knowledge, except as to those matters therein stated to be
alleged upon information and belief, and as to those matters affirmant believes them to be true.
This verification is made by the undersigned because said defendant does not reside or
have a place of business within the county where said affirmant’s offices are located.
The grounds of affirmant’s belief as to all matters not stated to be affirmant’s knowledge
are investigative and other information contained in the file of the said law firm.
Dated: New York, New York
May 13, 2024
Jennifer R. Oxman
JENNIFER OXMAN
140207111.1 -7-
7 of 8
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024
LEWIS BRISBOIS BISGAARD & SMITH LLP
SUPREME COURT OF THE STATE OF NEW YORK File No.: TBD
COUNTY OF BRONX
INDEX NO.: 801896/2024E
JONAS DEJESUS HIERRO,
Plaintiff,
-against-
HUB TRUCK RENTAL CORP., NEBRASKALAND INC. and CARLOS OLIVENCIA,
Defendants.
VERIFIED ANSWER TO PLAINTIFF’S COMPLAINT
Attorneys for Defendants: HUB TRUCK RENTAL CORP. and NEBRASKALAND INC.
Office Address & Tel. No.: 77 Water Street, 21st Floor
New York, New York 10005
(212) 232-1300
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York
State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the
annexed document are not frivolous.
Dated: 5/13/24 Signature /s/
Print Signer’s Name: Jennifer Oxman, Esq.
Jared Liss, Esq.
Service of a copy of the within is hereby admitted.
140207111.1
8 of 8
Preview
FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------- x Index No.: 801896/2024E JONAS DEJESUS HIERRO, : : Plaintiff, : : -against- : VERIFIED ANSWER : HUB TRUCK RENTAL CORP., NEBRASKALAND : INC. and CARLOS OLIVENCIA, : : Defendants. : ----------------------------------------------------------------------- x Defendants, HUB TRUCK RENTAL CORP. and NEBRASKALAND INC., by and through their attorneys LEWIS BRISBOIS BISGAARD & SMITH LLP, as and for their Verified Answer to the Verified Complaint allege the following upon information and belief: 1. Defendants deny having knowledge or information sufficient to form a belief as to the truth of each and every allegation contained within the paragraphs of plaintiff’s Verified Complaint designated as “1”, “11”, “12”, “18”, “19”, “25”, “26”, “27”, “28”, “29”, “30”, “32”, “33”, “34”, “35”, “36” and “37”. 2. Defendants deny each and every allegation contained within the paragraphs of plaintiff’s Verified Complaint designated as “2”, “3”, “5”, “8”, “9” and “54”. 3. Defendants deny each and every allegation contained within the paragraph of plaintiff’s Verified Complaint designated as “4”, but admit HUB TRUCK CORP. is a domestic business corporation in the State of New York. 4. Defendants deny each and every allegation contained within the paragraph of plaintiff’s Verified Complaint designated as “6”, but admit HUB TRUCK CORP. is a domestic corporation in the State of New York. 140207111.1 1 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 5. Defendants deny each and every allegation contained within the paragraphs of plaintiff’s Verified Complaint designated as “7” and “10”, but admit NEBRASKALAND is a domestic corporation in the State of New York. 6. Defendants deny having knowledge or information sufficient to form a belief as to the truth of each and every allegation contained within the paragraphs of plaintiff’s Verified Complaint designated as “13”, “14”, “15”, “16”, “17”, “20”, “21”, “22”, “23”, “24”, “31”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”, “46”, “47” and “48”, and respectfully refer all questions of law to this Honorable Court for its determination. 7. Defendants deny each and every allegation contained within the paragraph of plaintiff’s Verified Complaint designated as “49”, “50”, “51”, “52”, and “53”, and respectfully refer all question of law to this Honorable Court for its determination. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 8. The instant lawsuit may not be maintained pursuant to §5101, et seq. of the New York State Insurance Law. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. The plaintiff failed to sustain a serious injury, as defined in subdivision (d) of §5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in subdivision (a) of §5102 of the Insurance Law. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. Upon information and belief, if any damages were sustained by the plaintiff as alleged in the plaintiff’s Complaint, which damages are expressly denied, all such damages have been caused or were brought about, in whole or in part, by the affirmative wrongdoing, negligence, want of care, omissions, failure to mitigate damages, or other culpable conduct or comparative negligence of the plaintiff, and as a consequence thereof, plaintiff’s damages, if any, should be 140207111.1 -2- 2 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 reduced by the proportion of the plaintiff’s culpable conduct. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. Any injuries or damages were caused, in whole or in part, by the negligence or other culpable conduct of third parties over which the answering defendants had no control or right to exercise such control. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. That pursuant to CPLR Article 16, if it is determined by verdict or decision that two or more tortfeasors are jointly liable to the plaintiff, and if the liability of the answering defendants is found to be fifty percent or less of the total liability assigned to all persons liable, the liability of answering defendants to the claimants for non-economic loss shall not exceed such defendants’ 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 SIXTH AFFIRMATIVE DEFENSE 13. Defendants invoke the offsets and other statutory protections of CPLR Articles 14 and 14-a and Article 15 of the General Obligations Law. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. Upon information and belief, the answering defendants are entitled to a lesser standard of care under the sudden emergency doctrine, in that they were confronted with an emergency which was sudden, unexpected, and perilous, and permitted little or no opportunity to apprehend the situation because of the shortness of time in which to react. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 15. No acts or omissions by the answering defendants were an actual cause, legal cause, contributing cause, substantial factor or proximate cause with respect to the damages if any, sustained by the plaintiff. 140207111.1 -3- 3 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 AS AND FOR A NINTH AFFIRMATIVE DEFENSE 16. Plaintiff failed to state a claim for which relief may be granted. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 17. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages, disabilities, if any, alleged in the Verified Complaint. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 18. In the event plaintiff recovers a verdict or judgment against the answering 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 claimed economic loss, from any collateral source such as insurance, social security, workers’ compensation, or employee benefit programs. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 19. Upon information and belief, the plaintiff’s injuries, if any, were increased or caused by plaintiff’s failure to use and wear seatbelts at the time of the occurrence and, under the applicable laws, plaintiff may not recover for those injuries which they would not otherwise have sustained. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 20. With regard to plaintiff’s failure to mitigate damages, the defense will offer proof of the cost of premiums and out-of-pocket limits that were made available to plaintiff under the Affordable Care Act, and will offer proof of the medical costs which plaintiff will not incur under the Affordable Care Act. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 21. To the extent that plaintiff fails to take reasonable steps to protect themselves from medical costs, health care or life care costs or to avail themselves of the resources, service benefits, 140207111.1 -4- 4 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 and coverage available to him under the Affordable Care Act, then plaintiff failed to mitigate his damages and cannot recover for such failure. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 22. To the extent that plaintiff fails to obtain coverage available to him under the Affordable Care Act as an individual or as a family member, which he is eligible to obtain, then plaintiff failed to mitigate his damages and cannot recover for such failure. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 23. In the event plaintiff recovers a verdict or judgment against the answering defendants, then said verdict or judgment must exclude or be reduced by those amounts which will, with reasonable certainty, replace or indemnify plaintiff, in whole or in part, for any past or future medical costs health care, life care or other economic loss or benefit that is offered or provided under or in connection with the Patient Protection and Affordable Care Act. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 24. Plaintiff’s claims are barred by the doctrine of res judicata and collateral estoppel AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 25. Any and all risks, hazards, defects or dangers alleged were open, obvious and apparent, natural and inherent and known, or should have been known to the plaintiff herein, and the plaintiff voluntarily assumed all such risks, hazards, defects, and dangers. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 26. Upon information and belief, plaintiff’s acts were intentional and plaintiff’s complaint makes false representations. WHEREFORE, the answering defendants, HUB TRUCK RENTAL CORP. and NEBRASKALAND INC. demand judgment dismissing the Complaint and awarding answering defendants’ judgment against the plaintiff, together with costs, disbursements and counsel fees 140207111.1 -5- 5 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 incurred in the defense of this action and such other and further and different relief as this Court may deem just and proper. Dated: New York, New York May 13, 2024 Yours etc., LEWIS BRISBOIS, BISGAARD &SMITH, LLP By: Jennifer ,[ennifer R. Oxman Jennifer R. Oxman Attorneys for Defendants HUB TRUCK RENTAL CORP., and NEBRASKALAND INC. 77 Water Street, Suite 2100 New York, New York 10005 (212) 232-1409 File No.: 25631.919 jennifer.oxman@lewisbrisbois.com TO: HECHT, KLEEGER & DAMASHEK, P.C. Attn.: Eric Goldman, Esq. Attorneys for Plaintiff JONAS DEJESUS HIERRO 19 West 44th Street, Ste. 1500 New York, NY 10036 (212) 490-5700 goldman@lawyer1.com NO APPEARANCE TO DATE Carlos Olivencia Defendant 1250 New York Avenue, Apt 3B Brooklyn, NY 11203 140207111.1 -6- 6 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 ATTORNEY’S VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) JENNIFER OXMAN, being an attorney duly admitted to practice before the Courts of the State of New York and fully aware of the penalties of perjury, hereby affirms as follows: Affirmant is a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP, attorneys for defendants, HUB TRUCK RENTAL CORP. and NEBRASKALAND INC. in the within action and is fully familiar with the facts and circumstances involved in this matter from reviewing the file regarding the same maintained in the offices of the said law firm. Affirmant has read the foregoing VERIFIED ANSWER, know the contents thereof, and the same are true to affirmant’s own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters affirmant believes them to be true. This verification is made by the undersigned because said defendant does not reside or have a place of business within the county where said affirmant’s offices are located. The grounds of affirmant’s belief as to all matters not stated to be affirmant’s knowledge are investigative and other information contained in the file of the said law firm. Dated: New York, New York May 13, 2024 Jennifer R. Oxman JENNIFER OXMAN 140207111.1 -7- 7 of 8 FILED: BRONX COUNTY CLERK 05/13/2024 04:45 PM INDEX NO. 801896/2024E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/13/2024 LEWIS BRISBOIS BISGAARD & SMITH LLP SUPREME COURT OF THE STATE OF NEW YORK File No.: TBD COUNTY OF BRONX INDEX NO.: 801896/2024E JONAS DEJESUS HIERRO, Plaintiff, -against- HUB TRUCK RENTAL CORP., NEBRASKALAND INC. and CARLOS OLIVENCIA, Defendants. VERIFIED ANSWER TO PLAINTIFF’S COMPLAINT Attorneys for Defendants: HUB TRUCK RENTAL CORP. and NEBRASKALAND INC. Office Address & Tel. No.: 77 Water Street, 21st Floor New York, New York 10005 (212) 232-1300 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: 5/13/24 Signature /s/ Print Signer’s Name: Jennifer Oxman, Esq. Jared Liss, Esq. Service of a copy of the within is hereby admitted. 140207111.1 8 of 8