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FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------x Index No.: 158620/2023
MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and
ALEXANDER CAIDEN JETT JOHNSON (“SON”), VERIFIED ANSWER
Plaintiff(s),
-against-
PAUL W. MATTHEWS, ESQ., in his professional and
personal capacity; SANDRA SPENNATO, ESQ. (“Cedeno
Lw Group”) in her professional and personal capacity;
MICHAEL SCHERTZ, ESQ., (“LAWYERS FOR
CHILDREN”) in his professional and personal capacity;
JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE
OF SUPREME COURT NEW YORK COUNTY, IN HER
PROFESSIONAL AND PERSONAL CAPACITY; AND/OR
CHIEF ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS
FOR DEFENDANT JUDGE TANDRA DAWSON; AND/OR
ATTORNEY GENERAL OF NY LETITIA JAMES, NY
OFFICE OF THE ATTORNEY GENERAL FOR
DEFENDANT JUDGE TANDRA DAWSON AND FOR
DEFENDANT ALVIN BRAGG, THE DISTRICT
ATTORNEY FOR NEW YORK COUNTY; THE NEW
YORK SOCIETY FOR THE PREVENTION OF CRUELTY
TO CHILDREN (“NYSPCC”) in their professional capacity;
AND CITY OF NEW YORK (RE: NEW YORK CITY
DEPARTMENT OF CORRECTION “DOC” (ROSE M.
SINGER CENTRE (RMSC)) AND NEW YORK CITY
POLICE DEPARTMENT “NYPD”),
Defendant(s).
------------------------------------------------------------------------x
The defendant, MICHAEL SCHERTZ, ESQ., by his attorneys, BARKER PATTERSON
NICHOLS, LLP, answering the complaint of the plaintiff(s), upon information and belief,
respectfully shows to this Court and alleges:
1. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “1,” “2,” “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,”
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“28,” “29,” “30,” “31,” “32,” “34,” “35,” “36,” “37,” “38,” “39,” “40,” “41,” “42,” “43,” “44,”
“45,” “46,” “47,” “48,” “49,” “50,” “51,” “52,” “53,” “54,” “55,” “56,” “57,” “58,” “59,” “60,”
“61,” “62,” “63,” “64,” “65,” “66,” “67,” “68,” “69,” “70,” “71,” “72,” “73,” “74,” “75,” “76,”
“77,” “78,” “79,” “80,” “81,” “82,” “83,” “84,” “85,” “86,” “87,” “88,” “89,” “90,” “91,” “92,”
“93,” “94,” “95,” “96,” “97,” “98,” “99,” “100,” “101,” “102,” “103,” “104,” “105,” “106,” “107,”
“108,” “109,” “110,” “111,” “112,” “113,” “114,” “115,” “116,” “117,” “118,” “119,” “120,”
“121,” “122,” “123,” “124,” “125,” “126,” “127,” “128,” “129,” “130,” “131,” “132,” “133,”
“134,” “135,” “136,” “137,” “138,” “139,” “140,” “141,” “142,” “143,” “144,” “145,” “146,”
“147,” “148,” “149,” “150,” “151,” “152,” “153,” “154,” “155,” “156,” “157,” “158,” “159,”
“160,” “161,” “162,” “163,” “164,” “165,” “166,” “167,” “168,” “169,” “170,” “171,” “172,”
“173,” “174,” “175,” “176,” “177,” “178,” “179,” “180,” “181,” “182,” “183,” “184,” “185,”
“186,” “187,” “188,” “189,” “190,” “191,” “192,” “193,” “194,” “195,” “196,” “197,” “198,”
“199,” “200,” “201,” “202,” “203,” “204,” “205,” “206,” “207,” “208,” “209,” “210,” “211,”
“212,” “213,” “214,” “215,” “216,” “217,” “218,” “219,” “220,” “221,” “222,” “223,” “224,”
“225,” “226,” “227,” “228,” “229,” “230,” “231,” “232,” “233,” “234,” “235,” “236,” “237,”
“238” and “239” of the complaint.
2. Denies each and every allegation in the form alleged in paragraph “33” of the
complaint.
ANSWERING THE FIRST COUNT:
3. In response to paragraph “240”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “239” as though
same were more fully set forth herein at length.
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
4. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “241,” “242,” “243,” “244,” “245,” “246,” “247,” “248,”
“249,” “250,” “251” and “252” of the complaint.
ANSWERING THE SECOND COUNT:
5. In response to paragraph “253”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “252” as though
same were more fully set forth herein at length.
6. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “254,” “255” and “256” of the complaint.
ANSWERING THE THIRD COUNT:
7. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “257,” “258,” “259,” “260,” “261,” “262,” “263,” “264,”
“265,” “266,” “267,” “268,” “269,” “270,” “271” and “272” of the complaint.
ANSWERING THE FOURTH COUNT
8. In response to paragraph “273”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “272” as though
same were more fully set forth herein at length.
9. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “274,” “275,” “276,” “277,” “278,” “279,” “280,” “281,”
“282,” “283,” “284,” “285,” “286,” “287,” “288,” “289,” “290,” “291,” “292,” “293,” “294,”
“295,” “296,” “297,” “298,” “299,” “300,” “301,” “302,” “303,” “304,” “305,” “306” and “307”
of the complaint.
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ANSWERING THE FIFTH COUNT
10. In response to paragraph “308”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “307” as though
same were more fully set forth herein at length.
11. Denies each and every allegation in the form alleged in paragraphs “309,” “313,”
“317,” “318,” “323,” “326,” “335,” “337” and “339” of the complaint.
12. Denies each and every allegation contained in paragraphs “310,” “311,” “312,”
“314,” “315,” “316,” “320,” “321,” “322,” “329,” “330,” “331,” “332,” “334,” “336” and “338”
of the complaint.
13. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “319,” “324,” “325,” “327,” “328” and “333” of the
complaint.
ANSWERING THE SIXTH COUNT
14. In response to paragraph “340”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “339” as though
same were more fully set forth herein at length.
15. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “341,” “342,” “343,” “344,” “345,” “346,” “347,” “348”
and “349” of the complaint.
ANSWERING THE SEVENTH AND EIGHTH COUNT
16. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “350,” “351,” “352,” “353,” “354,” “355,” “356,” “357,”
“358,” “359,” “360,” “361,” “362,” “363,” “364,” “365,” “366,” “367,” “368,” “369,” “370,”
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
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“371,” “372,” “373,” “374,” “375,” “376,” “377,” “378,” “379,” “380,” “381,” “382,” “383,”
“384,” “385,” “386,” “387,” “388,” “389,” “390,” “391,” “392,” “393” and “394” of the complaint.
ANSWERING THE NINETH COUNT
17. In response to paragraph “395”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “394” as though
same were more fully set forth herein at length.
18. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “396,” “397,” “398” and “399” of the complaint.
ANSWERING THE TENTH COUNT
19. In response to paragraph “400”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “399” as though
same were more fully set forth herein at length.
20. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “401,” “402,” “403,” “404,” “405,” “406,” “407,” “408,”
“409,” “410,” “411,” “412,” “413,” “414,” “415,” “416,” “417,” “418,” “419,” “420,” “421,”
“422,” “423,” “424,” “425,” “426,” “427,” “428,” “429,” “430,” “431,” “432,” “433,” “434,”
“435,” “436,” “437” and “438,” of the complaint.
ANSWERING THE ELEVENTH COUNT
21. In response to paragraph “439”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “438” as though
same were more fully set forth herein at length.
22. Denies each and every allegation contained in paragraphs “440” and “442” of the
complaint.
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
23. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraph “441” of the complaint.
24. Denies each and every allegation in the form alleged in paragraphs “443,” “444”
and “445” of the complaint.
ANSWERING THE TWELFTH COUNT
25. In response to paragraph “446”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “445” as though
same were more fully set forth herein at length.
26. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “447” and “448” of the complaint.
ANSWERING THE THIRTEENTH COUNT
27. In response to paragraph “449”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “448” as though
same were more fully set forth herein at length.
28. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraph “450,” “451,” “452,” “453,” “454” and “455” of the
complaint.
ANSWERING THE FOURTEENTH COUNT
29. In response to paragraph “456”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “455” as though
same were more fully set forth herein at length.
30. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “457,” “458,” “459,” “460” and “461” of the complaint.
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
ANSWERING THE FIFTEENTH COUNT
31. In response to paragraph “462”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “461” as though
same were more fully set forth herein at length.
32. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “463,” “464,” “465,” “466,” “467,” “468,” “469,” “470,”
“471,” “472,” “473,” “474,” “475,” “476,” “477,” “478,” “479,” “480,” “481,” “482,” “483,”
“484,” “485,” “486,” “487,” “488,” “489,” “490,” “491,” “492” “493” “494” “495” “496” “497”
“498” “499” “500” “501,” “502,” “503,” “504” and “505” of the complaint.
ANSWERING THE SIXTEENTH COUNT
33. In response to paragraph “506”, repeats and realleges each admission or denial
made herein with the same force and effect herein as to paragraphs “1” through “505” as though
same were more fully set forth herein at length.
34. Denies having knowledge or information sufficient to form a belief as to the
allegations contained within paragraphs “507,” “508,” “509,” “510,” “511,” “512,” “513,” “514,”
“515” and “516” of the complaint.
Any paragraph not answered herein is deemed denied.
AS AND FOR A FIRST DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
35. That any injuries sustained by plaintiff(s) at the time and place mentioned in the
complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness
and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason
of any carelessness, negligence, recklessness or acts or omissions on the part of this answering
defendant.
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
AS AND FOR A SECOND DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
36. That the answering defendant(s) reserve(s) the right to claim the limitations of
liability pursuant to Article 16 of the CPLR, for any recovery herein by the plaintiff for non-
economic loss.
AS AND FOR A THIRD DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
37. In the event plaintiffs recover a verdict or judgment against defendants, such verdict
or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been,
or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past
or future claimed economic loss, from any collateral source.
AS AND FOR A FOURTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
38. If plaintiff is entitled to recover damages for loss of earnings or impairment of
earning ability as against defendant MICHAEL SCHERTZ, ESQ. by reason of the matters
alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the
amount of damages recoverable against said defendant, if any, shall be reduced by the amount of
federal, state and local income taxes which the plaintiff would have been obligated by law to pay.
AS AND FOR A FIFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
39. The defendant asserts the defense of set-off to reduce the plaintiff’s claims under
§15-108 of the General Obligations Law.
AS AND FOR A SIXTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
40. If the plaintiff was caused to sustain personal injuries and resulting damages at the
time and place set forth in the plaintiff’s complaint and in the manner alleged therein through any
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carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty
and/or contract other than of the plaintiff then the said injuries and damages arose out of the several
and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or
obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part
of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent
as to the plaintiff for the injuries and damages set forth in the plaintiff’s complaint, then and in that
event, the relative responsibilities of said pleading defendant must be apportioned by the
percentage of liability of said non-parties subject to in-personam jurisdiction.
AS AND FOR A SEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
41. The alleged causes of action set forth in the complaint did not accrue within the
applicable statutory period preceding the commencement of said actions, and said actions are
barred by the statute of limitations.
AS AND FOR AN EIGHTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
42. Plaintiff(s)’ complaint should be dismissed as a frivolous action pursuant to §8303-
a of the CPLR and defendant is entitled to costs pursuant to such.
AS AND FOR AN NINTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
43. The plaintiff’s complaint fails to state a cause of action as against this answering
defendant upon which relief can be granted.
AS AND FOR AN TENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
44. The complaint did not contain the plaintiff’s address as required by CPLR §305.a.
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NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
AS AND FOR AN ELEVENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
45. The plaintiff lacks the capacity to commence and bring the within lawsuit
AS AND FOR AN TWELFTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
46. The plaintiff has not achieved proper service upon the defendants and thus has not
obtained in personam jurisdiction upon the defendants. At the appropriate time the defendants will
move the Court to dismiss the complaint.
AS AND FOR AN THIRTEENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
47. Plaintiff lacks of standing to sue for the minor child and therefore the Complaint
should be dismissed.
AS AND FOR AN FOURTEENTH DEFENSE,
THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
48. The court does not have a subject-matter jurisdiction over the complaint and claims
therein and therefore the Complaint should be dismissed.
WHEREFORE, the defendant, MICHAEL SCHERTZ, ESQ., demands judgment
dismissing the plaintiff(s)' complaint with the costs and disbursements of this action.
Dated: Garden City, New York
January 30, 2024
Yours, etc.,
BARKER PATTERSON NICHOLS, LLP
By: Karolina Wiaderna
Karolina Wiaderna
Attorneys for Defendant(s)
MICHAEL SCHERTZ, ESQ.
300 Garden City Plaza, Suite 100
Garden City, New York 11530
(516) 282-3355
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
TO: MAGDALENA TRZUSKOT
Pro-Se Plaintiff
Confidential address
347-570-2836
magtrzuskot@gmail.com
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
ATTORNEY'S VERIFICATION
Karolina Wiaderna an attorney duly admitted and licensed to practice in the courts of this
State affirms the following pursuant to CPLR 2106:
I am the attorney for the defendant, MICHAEL SCHERTZ, ESQ., herein; and I have
read the foregoing answer and know the contents thereof; that the same is true to my own
knowledge except as to the matters therein stated to be alleged upon information and belief, and
that as to those matters, I believe them to be true.
That the reason this verification is made by your affirmant and not by the defendant
personally is, that the defendant is not within the county where your affirmant has an office.
That the sources of your affirmant's information and the grounds of his/her belief as to the matters
so alleged herein are investigations had by the defendant, his/her agents, servants and
representatives into the subject matter hereof and correspondence relating thereto, reports of which
investigations and copies of which correspondence are in the possession of your affirmant.
Dated: Garden City, New York
January 30, 2024
Karolina Wiaderna
Karolina Wiaderna
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------x Index No.: 158620/2023
MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and
ALEXANDER CAIDEN JETT JOHNSON (“SON”), NOTICE TO TAKE
DEPOSITION UPON
Plaintiff(s), ORAL EXAMINATION
-against-
PAUL W. MATTHEWS, ESQ., in his professional and
personal capacity; SANDRA SPENNATO, ESQ. (“Cedeno
Lw Group”) in her professional and personal capacity;
MICHAEL SCHERTZ, ESQ., (“LAWYERS FOR
CHILDREN”) in his professional and personal capacity;
JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE
OF SUPREME COURT NEW YORK COUNTY, IN HER
PROFESSIONAL AND PERSONAL CAPACITY; AND/OR
CHIEF ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS
FOR DEFENDANT JUDGE TANDRA DAWSON; AND/OR
ATTORNEY GENERAL OF NY LETITIA JAMES, NY
OFFICE OF THE ATTORNEY GENERAL FOR
DEFENDANT JUDGE TANDRA DAWSON AND FOR
DEFENDANT ALVIN BRAGG, THE DISTRICT
ATTORNEY FOR NEW YORK COUNTY; THE NEW
YORK SOCIETY FOR THE PREVENTION OF CRUELTY
TO CHILDREN (“NYSPCC”) in their professional capacity;
AND CITY OF NEW YORK (RE: NEW YORK CITY
DEPARTMENT OF CORRECTION “DOC” (ROSE M.
SINGER CENTRE (RMSC)) AND NEW YORK CITY
POLICE DEPARTMENT “NYPD”),
Defendant(s).
------------------------------------------------------------------------x
COUNSELORS:
PLEASE TAKE NOTICE, that we will take the deposition of the following parties or
persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all
relevant and material issues, as authorized by Article 31 of the CPLR:
PLAINTIFF(S) MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and
ALEXANDER CAIDEN JETT JOHNSON (“SON”)
DATE: April 1, 2024
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
TIME: 10:30 a.m.
PLACE: BARKER PATTERSON NICHOLS, LLP
300 Garden City Plaza, Suite 100
Garden City, New York 11530
(516) 282-3355
PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to
produce all books, records and papers in their custody and possession that may be relevant to the
issues herein.
PLEASE TAKE FURTHER NOTICE, that adjournments, if any, should be requested at
least five (5) days prior to the date of the deposition. Should an adjournment be required, please
call (516) 282-3355 to request same and to schedule a new date for deposition.
Dated: Garden City, New York
January 30, 2024
Yours, etc.,
BARKER PATTERSON NICHOLS, LLP
By: Karolina Wiaderna
Karolina Wiaderna
Attorneys for Defendant(s)
MICHAEL SCHERTZ, ESQ.
300 Garden City Plaza, Suite 100
Garden City, New York 11530
(516) 282-3355
TO: MAGDALENA TRZUSKOT
Pro-Se Plaintiff
Confidential address
347-570-2836
magtrzuskot@gmail.com
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023
NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.: 158620/2023
MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and ALEXANDER CAIDEN JETT
JOHNSON (“SON”),
Plaintiff(s),
-against-
PAUL W. MATTHEWS, ESQ., in his professional and personal capacity; SANDRA
SPENNATO, ESQ. (“Cedeno Lw Group”) in her professional and personal capacity; MICHAEL
SCHERTZ, ESQ., (“LAWYERS FOR CHILDREN”) in his professional and personal capacity;
JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE OF SUPREME COURT NEW
YORK COUNTY, IN HER PROFESSIONAL AND PERSONAL CAPACITY; AND/OR CHIEF
ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS FOR DEFENDANT JUDGE TANDRA
DAWSON; AND/OR ATTORNEY GENERAL OF NY LETITIA JAMES, NY OFFICE OF THE
ATTORNEY GENERAL FOR DEFENDANT JUDGE TANDRA DAWSON AND FOR
DEFENDANT ALVIN BRAGG, THE DISTRICT ATTORNEY FOR NEW YORK COUNTY;
THE NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN
(“NYSPCC”) in their professional capacity; AND CITY OF NEW YORK (RE: NEW YORK
CITY DEPARTMENT OF CORRECTION “DOC” (ROSE M. SINGER CENTRE (RMSC))
AND NEW YORK CITY POLICE DEPARTMENT “NYPD”),
Defendant(s).
VERIFIED ANSWER AND NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION
BARKER PATTERSON NICHOLS, LLP
Attorneys for Defendant MICHAEL SCHERTZ, ESQ.
300 Garden City Plaza, Suite 100
Garden City, New York 11530
(516) 282-3355
BPN File No. 72-091
TO: ALL PARTIES
Preview
FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x Index No.: 158620/2023 MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and ALEXANDER CAIDEN JETT JOHNSON (“SON”), VERIFIED ANSWER Plaintiff(s), -against- PAUL W. MATTHEWS, ESQ., in his professional and personal capacity; SANDRA SPENNATO, ESQ. (“Cedeno Lw Group”) in her professional and personal capacity; MICHAEL SCHERTZ, ESQ., (“LAWYERS FOR CHILDREN”) in his professional and personal capacity; JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE OF SUPREME COURT NEW YORK COUNTY, IN HER PROFESSIONAL AND PERSONAL CAPACITY; AND/OR CHIEF ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS FOR DEFENDANT JUDGE TANDRA DAWSON; AND/OR ATTORNEY GENERAL OF NY LETITIA JAMES, NY OFFICE OF THE ATTORNEY GENERAL FOR DEFENDANT JUDGE TANDRA DAWSON AND FOR DEFENDANT ALVIN BRAGG, THE DISTRICT ATTORNEY FOR NEW YORK COUNTY; THE NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (“NYSPCC”) in their professional capacity; AND CITY OF NEW YORK (RE: NEW YORK CITY DEPARTMENT OF CORRECTION “DOC” (ROSE M. SINGER CENTRE (RMSC)) AND NEW YORK CITY POLICE DEPARTMENT “NYPD”), Defendant(s). ------------------------------------------------------------------------x The defendant, MICHAEL SCHERTZ, ESQ., by his attorneys, BARKER PATTERSON NICHOLS, LLP, answering the complaint of the plaintiff(s), upon information and belief, respectfully shows to this Court and alleges: 1. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “1,” “2,” “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,” FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 “28,” “29,” “30,” “31,” “32,” “34,” “35,” “36,” “37,” “38,” “39,” “40,” “41,” “42,” “43,” “44,” “45,” “46,” “47,” “48,” “49,” “50,” “51,” “52,” “53,” “54,” “55,” “56,” “57,” “58,” “59,” “60,” “61,” “62,” “63,” “64,” “65,” “66,” “67,” “68,” “69,” “70,” “71,” “72,” “73,” “74,” “75,” “76,” “77,” “78,” “79,” “80,” “81,” “82,” “83,” “84,” “85,” “86,” “87,” “88,” “89,” “90,” “91,” “92,” “93,” “94,” “95,” “96,” “97,” “98,” “99,” “100,” “101,” “102,” “103,” “104,” “105,” “106,” “107,” “108,” “109,” “110,” “111,” “112,” “113,” “114,” “115,” “116,” “117,” “118,” “119,” “120,” “121,” “122,” “123,” “124,” “125,” “126,” “127,” “128,” “129,” “130,” “131,” “132,” “133,” “134,” “135,” “136,” “137,” “138,” “139,” “140,” “141,” “142,” “143,” “144,” “145,” “146,” “147,” “148,” “149,” “150,” “151,” “152,” “153,” “154,” “155,” “156,” “157,” “158,” “159,” “160,” “161,” “162,” “163,” “164,” “165,” “166,” “167,” “168,” “169,” “170,” “171,” “172,” “173,” “174,” “175,” “176,” “177,” “178,” “179,” “180,” “181,” “182,” “183,” “184,” “185,” “186,” “187,” “188,” “189,” “190,” “191,” “192,” “193,” “194,” “195,” “196,” “197,” “198,” “199,” “200,” “201,” “202,” “203,” “204,” “205,” “206,” “207,” “208,” “209,” “210,” “211,” “212,” “213,” “214,” “215,” “216,” “217,” “218,” “219,” “220,” “221,” “222,” “223,” “224,” “225,” “226,” “227,” “228,” “229,” “230,” “231,” “232,” “233,” “234,” “235,” “236,” “237,” “238” and “239” of the complaint. 2. Denies each and every allegation in the form alleged in paragraph “33” of the complaint. ANSWERING THE FIRST COUNT: 3. In response to paragraph “240”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “239” as though same were more fully set forth herein at length. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 4. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “241,” “242,” “243,” “244,” “245,” “246,” “247,” “248,” “249,” “250,” “251” and “252” of the complaint. ANSWERING THE SECOND COUNT: 5. In response to paragraph “253”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “252” as though same were more fully set forth herein at length. 6. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “254,” “255” and “256” of the complaint. ANSWERING THE THIRD COUNT: 7. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “257,” “258,” “259,” “260,” “261,” “262,” “263,” “264,” “265,” “266,” “267,” “268,” “269,” “270,” “271” and “272” of the complaint. ANSWERING THE FOURTH COUNT 8. In response to paragraph “273”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “272” as though same were more fully set forth herein at length. 9. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “274,” “275,” “276,” “277,” “278,” “279,” “280,” “281,” “282,” “283,” “284,” “285,” “286,” “287,” “288,” “289,” “290,” “291,” “292,” “293,” “294,” “295,” “296,” “297,” “298,” “299,” “300,” “301,” “302,” “303,” “304,” “305,” “306” and “307” of the complaint. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 ANSWERING THE FIFTH COUNT 10. In response to paragraph “308”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “307” as though same were more fully set forth herein at length. 11. Denies each and every allegation in the form alleged in paragraphs “309,” “313,” “317,” “318,” “323,” “326,” “335,” “337” and “339” of the complaint. 12. Denies each and every allegation contained in paragraphs “310,” “311,” “312,” “314,” “315,” “316,” “320,” “321,” “322,” “329,” “330,” “331,” “332,” “334,” “336” and “338” of the complaint. 13. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “319,” “324,” “325,” “327,” “328” and “333” of the complaint. ANSWERING THE SIXTH COUNT 14. In response to paragraph “340”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “339” as though same were more fully set forth herein at length. 15. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “341,” “342,” “343,” “344,” “345,” “346,” “347,” “348” and “349” of the complaint. ANSWERING THE SEVENTH AND EIGHTH COUNT 16. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “350,” “351,” “352,” “353,” “354,” “355,” “356,” “357,” “358,” “359,” “360,” “361,” “362,” “363,” “364,” “365,” “366,” “367,” “368,” “369,” “370,” FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 “371,” “372,” “373,” “374,” “375,” “376,” “377,” “378,” “379,” “380,” “381,” “382,” “383,” “384,” “385,” “386,” “387,” “388,” “389,” “390,” “391,” “392,” “393” and “394” of the complaint. ANSWERING THE NINETH COUNT 17. In response to paragraph “395”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “394” as though same were more fully set forth herein at length. 18. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “396,” “397,” “398” and “399” of the complaint. ANSWERING THE TENTH COUNT 19. In response to paragraph “400”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “399” as though same were more fully set forth herein at length. 20. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “401,” “402,” “403,” “404,” “405,” “406,” “407,” “408,” “409,” “410,” “411,” “412,” “413,” “414,” “415,” “416,” “417,” “418,” “419,” “420,” “421,” “422,” “423,” “424,” “425,” “426,” “427,” “428,” “429,” “430,” “431,” “432,” “433,” “434,” “435,” “436,” “437” and “438,” of the complaint. ANSWERING THE ELEVENTH COUNT 21. In response to paragraph “439”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “438” as though same were more fully set forth herein at length. 22. Denies each and every allegation contained in paragraphs “440” and “442” of the complaint. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 23. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraph “441” of the complaint. 24. Denies each and every allegation in the form alleged in paragraphs “443,” “444” and “445” of the complaint. ANSWERING THE TWELFTH COUNT 25. In response to paragraph “446”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “445” as though same were more fully set forth herein at length. 26. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “447” and “448” of the complaint. ANSWERING THE THIRTEENTH COUNT 27. In response to paragraph “449”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “448” as though same were more fully set forth herein at length. 28. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraph “450,” “451,” “452,” “453,” “454” and “455” of the complaint. ANSWERING THE FOURTEENTH COUNT 29. In response to paragraph “456”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “455” as though same were more fully set forth herein at length. 30. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “457,” “458,” “459,” “460” and “461” of the complaint. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 ANSWERING THE FIFTEENTH COUNT 31. In response to paragraph “462”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “461” as though same were more fully set forth herein at length. 32. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “463,” “464,” “465,” “466,” “467,” “468,” “469,” “470,” “471,” “472,” “473,” “474,” “475,” “476,” “477,” “478,” “479,” “480,” “481,” “482,” “483,” “484,” “485,” “486,” “487,” “488,” “489,” “490,” “491,” “492” “493” “494” “495” “496” “497” “498” “499” “500” “501,” “502,” “503,” “504” and “505” of the complaint. ANSWERING THE SIXTEENTH COUNT 33. In response to paragraph “506”, repeats and realleges each admission or denial made herein with the same force and effect herein as to paragraphs “1” through “505” as though same were more fully set forth herein at length. 34. Denies having knowledge or information sufficient to form a belief as to the allegations contained within paragraphs “507,” “508,” “509,” “510,” “511,” “512,” “513,” “514,” “515” and “516” of the complaint. Any paragraph not answered herein is deemed denied. AS AND FOR A FIRST DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 35. That any injuries sustained by plaintiff(s) at the time and place mentioned in the complaint were caused solely and wholly by reason of the carelessness, negligence, recklessness and acts or omissions on the part of the plaintiff and were not caused or contributed to by reason of any carelessness, negligence, recklessness or acts or omissions on the part of this answering defendant. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 AS AND FOR A SECOND DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 36. That the answering defendant(s) reserve(s) the right to claim the limitations of liability pursuant to Article 16 of the CPLR, for any recovery herein by the plaintiff for non- economic loss. AS AND FOR A THIRD DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 37. In the event plaintiffs recover a verdict or judgment against defendants, such verdict or judgment must be reduced pursuant to §4545 of the CPLR by those amounts which have been, or will, with reasonable certainty replace or indemnify plaintiffs in whole or in part, for any past or future claimed economic loss, from any collateral source. AS AND FOR A FOURTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 38. If plaintiff is entitled to recover damages for loss of earnings or impairment of earning ability as against defendant MICHAEL SCHERTZ, ESQ. by reason of the matters alleged in the Complaint, liability for which is hereby denied, then pursuant to CPLR §4546 the amount of damages recoverable against said defendant, if any, shall be reduced by the amount of federal, state and local income taxes which the plaintiff would have been obligated by law to pay. AS AND FOR A FIFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 39. The defendant asserts the defense of set-off to reduce the plaintiff’s claims under §15-108 of the General Obligations Law. AS AND FOR A SIXTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 40. If the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiff’s complaint and in the manner alleged therein through any FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of non-parties subject to in-personam jurisdiction, and if this pleading defendant is found negligent as to the plaintiff for the injuries and damages set forth in the plaintiff’s complaint, then and in that event, the relative responsibilities of said pleading defendant must be apportioned by the percentage of liability of said non-parties subject to in-personam jurisdiction. AS AND FOR A SEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 41. The alleged causes of action set forth in the complaint did not accrue within the applicable statutory period preceding the commencement of said actions, and said actions are barred by the statute of limitations. AS AND FOR AN EIGHTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 42. Plaintiff(s)’ complaint should be dismissed as a frivolous action pursuant to §8303- a of the CPLR and defendant is entitled to costs pursuant to such. AS AND FOR AN NINTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 43. The plaintiff’s complaint fails to state a cause of action as against this answering defendant upon which relief can be granted. AS AND FOR AN TENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 44. The complaint did not contain the plaintiff’s address as required by CPLR §305.a. FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 AS AND FOR AN ELEVENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 45. The plaintiff lacks the capacity to commence and bring the within lawsuit AS AND FOR AN TWELFTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 46. The plaintiff has not achieved proper service upon the defendants and thus has not obtained in personam jurisdiction upon the defendants. At the appropriate time the defendants will move the Court to dismiss the complaint. AS AND FOR AN THIRTEENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 47. Plaintiff lacks of standing to sue for the minor child and therefore the Complaint should be dismissed. AS AND FOR AN FOURTEENTH DEFENSE, THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 48. The court does not have a subject-matter jurisdiction over the complaint and claims therein and therefore the Complaint should be dismissed. WHEREFORE, the defendant, MICHAEL SCHERTZ, ESQ., demands judgment dismissing the plaintiff(s)' complaint with the costs and disbursements of this action. Dated: Garden City, New York January 30, 2024 Yours, etc., BARKER PATTERSON NICHOLS, LLP By: Karolina Wiaderna Karolina Wiaderna Attorneys for Defendant(s) MICHAEL SCHERTZ, ESQ. 300 Garden City Plaza, Suite 100 Garden City, New York 11530 (516) 282-3355 FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 TO: MAGDALENA TRZUSKOT Pro-Se Plaintiff Confidential address 347-570-2836 magtrzuskot@gmail.com FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 ATTORNEY'S VERIFICATION Karolina Wiaderna an attorney duly admitted and licensed to practice in the courts of this State affirms the following pursuant to CPLR 2106: I am the attorney for the defendant, MICHAEL SCHERTZ, ESQ., herein; and I have read the foregoing answer and know the contents thereof; that the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, I believe them to be true. That the reason this verification is made by your affirmant and not by the defendant personally is, that the defendant is not within the county where your affirmant has an office. That the sources of your affirmant's information and the grounds of his/her belief as to the matters so alleged herein are investigations had by the defendant, his/her agents, servants and representatives into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in the possession of your affirmant. Dated: Garden City, New York January 30, 2024 Karolina Wiaderna Karolina Wiaderna FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------x Index No.: 158620/2023 MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and ALEXANDER CAIDEN JETT JOHNSON (“SON”), NOTICE TO TAKE DEPOSITION UPON Plaintiff(s), ORAL EXAMINATION -against- PAUL W. MATTHEWS, ESQ., in his professional and personal capacity; SANDRA SPENNATO, ESQ. (“Cedeno Lw Group”) in her professional and personal capacity; MICHAEL SCHERTZ, ESQ., (“LAWYERS FOR CHILDREN”) in his professional and personal capacity; JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE OF SUPREME COURT NEW YORK COUNTY, IN HER PROFESSIONAL AND PERSONAL CAPACITY; AND/OR CHIEF ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS FOR DEFENDANT JUDGE TANDRA DAWSON; AND/OR ATTORNEY GENERAL OF NY LETITIA JAMES, NY OFFICE OF THE ATTORNEY GENERAL FOR DEFENDANT JUDGE TANDRA DAWSON AND FOR DEFENDANT ALVIN BRAGG, THE DISTRICT ATTORNEY FOR NEW YORK COUNTY; THE NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (“NYSPCC”) in their professional capacity; AND CITY OF NEW YORK (RE: NEW YORK CITY DEPARTMENT OF CORRECTION “DOC” (ROSE M. SINGER CENTRE (RMSC)) AND NEW YORK CITY POLICE DEPARTMENT “NYPD”), Defendant(s). ------------------------------------------------------------------------x COUNSELORS: PLEASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: PLAINTIFF(S) MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and ALEXANDER CAIDEN JETT JOHNSON (“SON”) DATE: April 1, 2024 FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 TIME: 10:30 a.m. PLACE: BARKER PATTERSON NICHOLS, LLP 300 Garden City Plaza, Suite 100 Garden City, New York 11530 (516) 282-3355 PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. PLEASE TAKE FURTHER NOTICE, that adjournments, if any, should be requested at least five (5) days prior to the date of the deposition. Should an adjournment be required, please call (516) 282-3355 to request same and to schedule a new date for deposition. Dated: Garden City, New York January 30, 2024 Yours, etc., BARKER PATTERSON NICHOLS, LLP By: Karolina Wiaderna Karolina Wiaderna Attorneys for Defendant(s) MICHAEL SCHERTZ, ESQ. 300 Garden City Plaza, Suite 100 Garden City, New York 11530 (516) 282-3355 TO: MAGDALENA TRZUSKOT Pro-Se Plaintiff Confidential address 347-570-2836 magtrzuskot@gmail.com FILED: NEW YORK COUNTY CLERK 05/29/2024 02:53 PM INDEX NO. 158620/2023 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 05/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 158620/2023 MAGDALENA “MAGGIE” TRZUSKOT (“MOTHER”) and ALEXANDER CAIDEN JETT JOHNSON (“SON”), Plaintiff(s), -against- PAUL W. MATTHEWS, ESQ., in his professional and personal capacity; SANDRA SPENNATO, ESQ. (“Cedeno Lw Group”) in her professional and personal capacity; MICHAEL SCHERTZ, ESQ., (“LAWYERS FOR CHILDREN”) in his professional and personal capacity; JUDGE TANDRA DAWSON, PRESIDING IDV JUSTICE OF SUPREME COURT NEW YORK COUNTY, IN HER PROFESSIONAL AND PERSONAL CAPACITY; AND/OR CHIEF ADMINISTRATIVE JUDGE JOSEPH A. ZAYAS FOR DEFENDANT JUDGE TANDRA DAWSON; AND/OR ATTORNEY GENERAL OF NY LETITIA JAMES, NY OFFICE OF THE ATTORNEY GENERAL FOR DEFENDANT JUDGE TANDRA DAWSON AND FOR DEFENDANT ALVIN BRAGG, THE DISTRICT ATTORNEY FOR NEW YORK COUNTY; THE NEW YORK SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN (“NYSPCC”) in their professional capacity; AND CITY OF NEW YORK (RE: NEW YORK CITY DEPARTMENT OF CORRECTION “DOC” (ROSE M. SINGER CENTRE (RMSC)) AND NEW YORK CITY POLICE DEPARTMENT “NYPD”), Defendant(s). VERIFIED ANSWER AND NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION BARKER PATTERSON NICHOLS, LLP Attorneys for Defendant MICHAEL SCHERTZ, ESQ. 300 Garden City Plaza, Suite 100 Garden City, New York 11530 (516) 282-3355 BPN File No. 72-091 TO: ALL PARTIES