Preview
FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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HANNAH BUCKSTINE, Index No.: 57710/2016
Plaintiff,
VERIFIED ANSWER
TO THIRD AMENDED
- against - VERIFIED COMPLAINT
JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC
LCORE ENTERPRISE CORP., KEITH CARPENTIER,
and ROBERT GERMINARA, DECEASED,
Defendants.
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The Defendant, Wayne Bradford by his attorney, Stephen D. Donohue, P.C. as and
for his Verified Answer to the Third Amended Verified Complaint of the Plaintiff, respectfully
shows to the Court and alleges as follows:
INTRODUCTION
1. Denies the allegations contained in Paragraph 1 of the Third Amended Verified
Complaint.
AS AND FOR THE FIRST
CAUSE OF ACTION
2. Denies knowledge and information sufficient to form a belief as to the truth of
allegations contained in Paragraphs 2, 3, 4, 5, 6, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47,
48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 71, 73, 74 and 75.
3. Denies those allegations contained in Paragraphs 40, 53, 66, 72 of the Third
Amended Verified Complaint.
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AS AND FOR A FIRST
AFFIRMATIVE DEFENSE
4. That whatever injuries or damages Plaintiff may have sustained were caused in
whole or in part by her culpable conduct or the risks that were assumed by her.
ASANDFORASECOND
AFFIRMATIVE DEFENSE
5. Pursuant to CPLR Rule 4545(c), any award to the plaintiff for economic loss shall
be reduced by the amounts received from collateral sources.
AS AND FOR A FIRST CROSS-CLAIM AGAINST
DEFENDANTS JORDAN SCHOR, JORDAN'S OF
NEW PALTZ, LLC, LCORE ENTERPRISES CORP.
KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D
6. The limited liability provisions of Article 16 of the C.P.L.R. are applicable as and
for a firstcross claim against the co-defendants Jordan Schor, Jordan's of New Paltz, LLC, Lcore
Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased, the answering defendant
alleges as follows, that if the Defendant Wayne Bradford is held liable and responsible in whole
or in part for damages as alleged in the Third Amended Verified Complaint herein, itwill be as a
result of the negligence of the defendants, Jordan Schor, Jordan's of New Paltz, LLC, Leore
Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased. The defendant, Wayne
Bradford demands that the ultimate rights ofthe parties hereto be apportioned through contribution
or indemnification as determined by the Court and/or Jury.
AS AND FOR A SECOND CROSS-CLAIM AGAINST
DEFENDANTS JORDAN SCHOR, JORDAN'S OF
NEW PALTZ, LLC, LCORE ENTERPRISES CORP.
KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D
7. If plaintiff sustained any injuries or damages as alleged other than through their
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own negligence and ifthese answering defendants are found liable to the plaintiff for any portion
of those damages then such liability shall derive from the carelessly, recklessly, negligence or
Jordan'
intentionally acts, commissions, or omissions on the part of the defendants, Jordan Schor, Jordan's
of New Paltz, LLC, Leore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased.
AS AND FOR A THIRD CROSS-CLAIM AGAINST
DEFENDANTS JORDAN SCHOR, JORDAN'S OF
NEW PALTZ, LL C, LCORE ENTERPRISES CORP.
KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D
8. If plaintiff sustained the damages in the matter and at the time and place alleged
through any carelessness, recklessness, or intentional acts or commissions or omissions other than
the plaintiff, then said damages were sustained in whole or in part by reason of the carelessness,
recklessness, negligence or intentional acts or commissions or omissions on the part of the
defendants, Jordan Schor, Jordan's of New Paltz, LLC, Leore Enterprises Corp., Keith Carpentier
and Robert Germinara, Deceased and ifany judgment is recovered herein against these answering
defendants, then these answering defendants would be damaged thereby and would be entitled to
contribution on the basis of apportionment of responsibility for the alleged occurrence and entitled
to judgement over and against defendants, Jordan Schor, Jordan's of New Paltz, LLC, Lcore
Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased for allor part of any verdict
or judgment, that the plaintiff may recover against these answering defendants together with costs,
attorneys'
disbursements and fees for the action.
WHEREFORE, the defendant Wayne Bradford demands judgment dismissing the third
amended verified complaint of the plaintiff herein and further demands judgment against the co-
defendants, Jordan Schor, Jordan's of New Paltz, LLC, Lcore Enterprise Corp., Keith Carpentier
and Robert Germinara, Deceased, for indemnity, contribution and apportionment of responsibility
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if any plus the costs of disbursements of this action and for such other and further relief as this
court may deem just and proper.
Dated: Bardonia, New York
May 2, 2018
STEPHE . DONOHUE, ESQ.
STEPHEN D DONOHUE, P.C.
Attorneystf Defendant
Wayne Bradford
365 Route 304, Suite 203
Bardonia, New York 10954
(845) 623-2345
TO: LAW OFFICE OF TODD J. KROUNER
Attorneys for Plaintiff
93 North Greeley Avenue
Chappaqua, New York 10514
KIMBERLY HUNT LEE, ESQ.
McCABE 4 MACK, LLP
Attorneys for Leore Enterprise Corp.
63 Washington Street
PO Box 509
Poughkeepsie, New York 12602
FRANK MALPIGLI, ESQ.
MIRANDA SAMBURSKY SLONE SKLARIN
VERVENIOTIS, LLP
Attorneys for Defendants Jordan Schor and
Jordan's of New Paltz, LLC
240 Mineola Boulevard
Mineola, New York 11501
SUSAN A. ROMANO, ESQ.
FRENCH & CASEY, LLP
Attorneys for Defendant Keith Carpentier
27th
29 Broadway, FlOOr
New York, New York 10006
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NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018
Jennifer Germinara
c/o The Estate of Robert Germinara, Deceased
412 Prospect Road
Chester, NY 10918
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NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018
STATE OF NEW YORK )
: . ss.:
COUNTY OF ROCKLAND )
I,the undersigned, am an attorney admitted to practice in the courts ofNew York State, and
say that:
I am the attorney of record, or of counsel with the attorney of record, for plaintiff. I have
read the annexed VERIFIED ANSWER TO THIRD AMENDED VERIFIED COMPLAINT,
know the contents thereof and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to those matters I believe them
to be true. My belief as to those matters therein not stated upon knowledge is based upon records,
reports, data and documents in the file, investigations made and conversations had with plaintiff.
The reason I make this affirmation instead of plaintiff is that plaintiff does not presently
reside in the county wherein deponent has his office.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: Bardonia, New York
May 2, 2018
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NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018
Index No: 57710 Year: 2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
HANNA BUCKSTINE,
Plaintiff,
-against-
JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC and LCORE ENTERPRISE CORP.,
Defendant.
LCORE ENTERPRISE CORP.,
Third-party Plaintiff,
-against-
WAYNE BRADFORD,
Third-party Defendant.
VERIFIED ANSWER TO THIRD AMENDED VERIFIED COMPLAINT
STEPHEN D. DONOHUE, P.C.
Attorney forThirdParty Defendant
365 ROUTE 304 - SUITE 203
BARDONIA NY 10954
(845) 623-2345
Fax (845)623-2303
To:
Attorneysfor:
Serviceof a copyof the within is herebyadmitted.
Dated:
Attorney(s)for
PLEASE TAKE NOTICE:
[ ] thatthe withinis a (certified)
truecopy of a
NOTICE OF enteredin the office
of the clerk
of the within
named Courton
ENTRY
[ 1 thata ofwhich the within
is a true
copy willbe presentedforsettlementto the Hon.
NOTICE OF one of the judges
ofthe withinnamed Court,
SETTLEMENT at
on
Dated: STEPHEN D. DONOHUE, P.C
Attorneysfor Plaintiff
To: 365 ROUTE 304 - SUITE 203
BARDONIA NEW YORK 10954
(845) 623-2345
(845) 623-2303 Fax
SDDPCLawgaoptonline.net
SDDPCLawQaoptonline.net
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Preview
FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ————————— — ---------------------------------------------------------------------X HANNAH BUCKSTINE, Index No.: 57710/2016 Plaintiff, VERIFIED ANSWER TO THIRD AMENDED - against - VERIFIED COMPLAINT JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC LCORE ENTERPRISE CORP., KEITH CARPENTIER, and ROBERT GERMINARA, DECEASED, Defendants. ---------------------------------------------------------------------X The Defendant, Wayne Bradford by his attorney, Stephen D. Donohue, P.C. as and for his Verified Answer to the Third Amended Verified Complaint of the Plaintiff, respectfully shows to the Court and alleges as follows: INTRODUCTION 1. Denies the allegations contained in Paragraph 1 of the Third Amended Verified Complaint. AS AND FOR THE FIRST CAUSE OF ACTION 2. Denies knowledge and information sufficient to form a belief as to the truth of allegations contained in Paragraphs 2, 3, 4, 5, 6, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 69, 70, 71, 73, 74 and 75. 3. Denies those allegations contained in Paragraphs 40, 53, 66, 72 of the Third Amended Verified Complaint. 1 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. That whatever injuries or damages Plaintiff may have sustained were caused in whole or in part by her culpable conduct or the risks that were assumed by her. ASANDFORASECOND AFFIRMATIVE DEFENSE 5. Pursuant to CPLR Rule 4545(c), any award to the plaintiff for economic loss shall be reduced by the amounts received from collateral sources. AS AND FOR A FIRST CROSS-CLAIM AGAINST DEFENDANTS JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC, LCORE ENTERPRISES CORP. KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D 6. The limited liability provisions of Article 16 of the C.P.L.R. are applicable as and for a firstcross claim against the co-defendants Jordan Schor, Jordan's of New Paltz, LLC, Lcore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased, the answering defendant alleges as follows, that if the Defendant Wayne Bradford is held liable and responsible in whole or in part for damages as alleged in the Third Amended Verified Complaint herein, itwill be as a result of the negligence of the defendants, Jordan Schor, Jordan's of New Paltz, LLC, Leore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased. The defendant, Wayne Bradford demands that the ultimate rights ofthe parties hereto be apportioned through contribution or indemnification as determined by the Court and/or Jury. AS AND FOR A SECOND CROSS-CLAIM AGAINST DEFENDANTS JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC, LCORE ENTERPRISES CORP. KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D 7. If plaintiff sustained any injuries or damages as alleged other than through their 2 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 own negligence and ifthese answering defendants are found liable to the plaintiff for any portion of those damages then such liability shall derive from the carelessly, recklessly, negligence or Jordan' intentionally acts, commissions, or omissions on the part of the defendants, Jordan Schor, Jordan's of New Paltz, LLC, Leore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased. AS AND FOR A THIRD CROSS-CLAIM AGAINST DEFENDANTS JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LL C, LCORE ENTERPRISES CORP. KEITH CARPENTIER AND ROBERT GERMINARA, DEC'D 8. If plaintiff sustained the damages in the matter and at the time and place alleged through any carelessness, recklessness, or intentional acts or commissions or omissions other than the plaintiff, then said damages were sustained in whole or in part by reason of the carelessness, recklessness, negligence or intentional acts or commissions or omissions on the part of the defendants, Jordan Schor, Jordan's of New Paltz, LLC, Leore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased and ifany judgment is recovered herein against these answering defendants, then these answering defendants would be damaged thereby and would be entitled to contribution on the basis of apportionment of responsibility for the alleged occurrence and entitled to judgement over and against defendants, Jordan Schor, Jordan's of New Paltz, LLC, Lcore Enterprises Corp., Keith Carpentier and Robert Germinara, Deceased for allor part of any verdict or judgment, that the plaintiff may recover against these answering defendants together with costs, attorneys' disbursements and fees for the action. WHEREFORE, the defendant Wayne Bradford demands judgment dismissing the third amended verified complaint of the plaintiff herein and further demands judgment against the co- defendants, Jordan Schor, Jordan's of New Paltz, LLC, Lcore Enterprise Corp., Keith Carpentier and Robert Germinara, Deceased, for indemnity, contribution and apportionment of responsibility 3 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 if any plus the costs of disbursements of this action and for such other and further relief as this court may deem just and proper. Dated: Bardonia, New York May 2, 2018 STEPHE . DONOHUE, ESQ. STEPHEN D DONOHUE, P.C. Attorneystf Defendant Wayne Bradford 365 Route 304, Suite 203 Bardonia, New York 10954 (845) 623-2345 TO: LAW OFFICE OF TODD J. KROUNER Attorneys for Plaintiff 93 North Greeley Avenue Chappaqua, New York 10514 KIMBERLY HUNT LEE, ESQ. McCABE 4 MACK, LLP Attorneys for Leore Enterprise Corp. 63 Washington Street PO Box 509 Poughkeepsie, New York 12602 FRANK MALPIGLI, ESQ. MIRANDA SAMBURSKY SLONE SKLARIN VERVENIOTIS, LLP Attorneys for Defendants Jordan Schor and Jordan's of New Paltz, LLC 240 Mineola Boulevard Mineola, New York 11501 SUSAN A. ROMANO, ESQ. FRENCH & CASEY, LLP Attorneys for Defendant Keith Carpentier 27th 29 Broadway, FlOOr New York, New York 10006 4 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 Jennifer Germinara c/o The Estate of Robert Germinara, Deceased 412 Prospect Road Chester, NY 10918 5 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 STATE OF NEW YORK ) : . ss.: COUNTY OF ROCKLAND ) I,the undersigned, am an attorney admitted to practice in the courts ofNew York State, and say that: I am the attorney of record, or of counsel with the attorney of record, for plaintiff. I have read the annexed VERIFIED ANSWER TO THIRD AMENDED VERIFIED COMPLAINT, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon records, reports, data and documents in the file, investigations made and conversations had with plaintiff. The reason I make this affirmation instead of plaintiff is that plaintiff does not presently reside in the county wherein deponent has his office. I affirm that the foregoing statements are true under penalties of perjury. Dated: Bardonia, New York May 2, 2018 6 of 7 FILED: WESTCHESTER COUNTY CLERK 05/02/2018 03:44 PM INDEX NO. 57710/2016 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 05/02/2018 Index No: 57710 Year: 2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND HANNA BUCKSTINE, Plaintiff, -against- JORDAN SCHOR, JORDAN'S OF NEW PALTZ, LLC and LCORE ENTERPRISE CORP., Defendant. LCORE ENTERPRISE CORP., Third-party Plaintiff, -against- WAYNE BRADFORD, Third-party Defendant. VERIFIED ANSWER TO THIRD AMENDED VERIFIED COMPLAINT STEPHEN D. DONOHUE, P.C. Attorney forThirdParty Defendant 365 ROUTE 304 - SUITE 203 BARDONIA NY 10954 (845) 623-2345 Fax (845)623-2303 To: Attorneysfor: Serviceof a copyof the within is herebyadmitted. Dated: Attorney(s)for PLEASE TAKE NOTICE: [ ] thatthe withinis a (certified) truecopy of a NOTICE OF enteredin the office of the clerk of the within named Courton ENTRY [ 1 thata ofwhich the within is a true copy willbe presentedforsettlementto the Hon. NOTICE OF one of the judges ofthe withinnamed Court, SETTLEMENT at on Dated: STEPHEN D. DONOHUE, P.C Attorneysfor Plaintiff To: 365 ROUTE 304 - SUITE 203 BARDONIA NEW YORK 10954 (845) 623-2345 (845) 623-2303 Fax SDDPCLawgaoptonline.net SDDPCLawQaoptonline.net 7 of 7