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INDEX NO. 035401/2415
NYSCEF DOC. NO}) 10 RECEIVED NYSCEF: 09/19/2916
SUPREME COURT OF THE STATE E NEW YORK
COUNTY OF ROCKLAND
------------------- +--+. aa -X
LEONE SOUVERAIN,
Plaintiff,
VERIFIED ANSWER
-against-—
QUALITY WHOLESALE, INC., KENNETH Index #035401/15
DUPAS, MARIE POINT-DU-JOUR and
PIERRE W.. HECTOR,
Defendants.
Defendants, KENNEITH DUPAS and QUALITY WHOLESALE, INC.,
by their attorneys, LaROSE & LaROSE as and for their Answer to the
plaintiff LEONE SOUVERAIN’S Complaint, respectfully state
and allege as follows:
1 Denies any knowledge or information sufficient to form a
belief as to the allegations set forth in paragraphs numbered and
6", aye
designated "1", “2”, “9” and “10” of the plaintiff's
Complaint.
2. Admits the allegation in paragraph numbered and designated
“3” that the defendant, QUALITY WHOLESALE, INC. was the owner of
an automobile bearing registration number 88668MA, State of New
York.
3. Admits the allegation in paragraph numbered and designated
“4” that the defendant KENNETH DUPAS was the operator of an
automobile bearing registration number 88668MA, State of New York.
4 Denies knowledge or information sufficient to form a
belief as to each and every allegation contained in paragraphs
numbered and designated wor
5 and “8” of plaintiff's Complaint and
respectfully requests all questions of law be referred to the
Court.
lof 5
5 Denies each and every paragraph numbered and designated
“11” and “13” as to defendants QUALITY WHOLESALE, INC. and KENNETH
DUPAS of the plaintiff's ( omplaint and denies knowledge or
information sufficient to form a belief as to each and every
allegation contained in paragraphs numbered and designated “11”
and “13” as to co-defendant s7 MARIE POINT-DU-JOUR and PIERRE W.
HECTOR, of plaintiff’s Complaint
6 Denies each and every paragraph numbered and designated
“12”, 14", “15” and “16” of the plaintiff’s Complaint
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
7 That whatever 1i acies or damages the plaintiff may have
sustained were caused, in whole or in part, by the culpable
conduct of the plaintiff, or the risks which were assumed by the
plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8. That by failing and neglecting to exercise ordinary care
in making use of seat belts, the plaintiff acted unreasonably and
in disregard of her own best interest and that all or a portion
of her injuries could have been eliminated or minimized by the
exercise of reasonable conduct and the use of seat belts.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. That the obligations and/or liability of the answering
defendants is governed by Article 16 of the Civil Practice Laws
and Rules.
20f 5
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
7 ead
10. Defendants hy eby 1 in mitigation and in reduction of
any recovery by plaintiff against any and all defendants,
including the answer g d ndant, the amount paid to plaintiff by
any settling tortfeasor or tortfeasors, as per General Obligations
Law §15-108.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
11. That one or more of the plaintiff’s claims may be barred
or reduced because of the failure of the plaintiff to mitigate,
minimize and/or avoid damages
AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS,
MARIE POINT~DU-JOUR and PIERRE W. HECTOR
12. If plaintiff sustained damages in the manner alleged in
the complaint, all of wh is denied by the answering defendants,
such damages were caused by.reason of the negligence and/or breach
of contract of the co-defendants above named.
13. By reason of the foregoing, the answering defendants are
entitled to contribution and/or indemnification from, and to have
judgment over against, the co-defendants above named, for all part
of any verdict of judgment that plaintiff may recover against the
answering defendants.
WHEREFORE, the answering defendants demand judgment
dismissing the Complaint together with the costs and disbursements
of this action.
Dated: Poughkeepsie, NY
April 1, 2016
3 0f 5
Yours, etc.,
LaROSE & LaROSE, ESQS.
Attorneys for Defendants
QUALITY WHOLESALE, INC. and
KENNETH DUPAS
510 Haight Avenue
Poughkeepsie, NY 12603
(845) 454-2001
TO HARMON, LINDER & ROG! ISKY, ESQS
Attorneys for Pla
3 Park Avenue, S e 2300
New York, New York 10016
(212) 732-3665
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
I, Keith V. LaRose, the undersigned, an attorney admitted to practice in
the courts of New York State, state that I am a partner of the law firm of LaRose
& LaRose, attorneys of record for the defendants KENNETH DUPAS and
QUALITY WHOLESALE, INC., in the within action; I have read the foregoing
Answer and know the contents thereof; the same is true to the best of my
knowledge, except as to those matters therein stated to be alleged on
information and belief, and as tc those matters I believe it to be true. The
reason this verification is made by me and not by the defendant is because the
defendant does not reside in this county. The grounds for my belief as to all
matters not stated upon my own knowledge are as follows: Client interview and
review of the file.
Dated: April 4 , 2016
Poughkeepsie, NY
KEITH ROSE
5 of 5
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INDEX NO. 035401/2415 NYSCEF DOC. NO}) 10 RECEIVED NYSCEF: 09/19/2916 SUPREME COURT OF THE STATE E NEW YORK COUNTY OF ROCKLAND ------------------- +--+. aa -X LEONE SOUVERAIN, Plaintiff, VERIFIED ANSWER -against-— QUALITY WHOLESALE, INC., KENNETH Index #035401/15 DUPAS, MARIE POINT-DU-JOUR and PIERRE W.. HECTOR, Defendants. Defendants, KENNEITH DUPAS and QUALITY WHOLESALE, INC., by their attorneys, LaROSE & LaROSE as and for their Answer to the plaintiff LEONE SOUVERAIN’S Complaint, respectfully state and allege as follows: 1 Denies any knowledge or information sufficient to form a belief as to the allegations set forth in paragraphs numbered and 6", aye designated "1", “2”, “9” and “10” of the plaintiff's Complaint. 2. Admits the allegation in paragraph numbered and designated “3” that the defendant, QUALITY WHOLESALE, INC. was the owner of an automobile bearing registration number 88668MA, State of New York. 3. Admits the allegation in paragraph numbered and designated “4” that the defendant KENNETH DUPAS was the operator of an automobile bearing registration number 88668MA, State of New York. 4 Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered and designated wor 5 and “8” of plaintiff's Complaint and respectfully requests all questions of law be referred to the Court. lof 5 5 Denies each and every paragraph numbered and designated “11” and “13” as to defendants QUALITY WHOLESALE, INC. and KENNETH DUPAS of the plaintiff's ( omplaint and denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered and designated “11” and “13” as to co-defendant s7 MARIE POINT-DU-JOUR and PIERRE W. HECTOR, of plaintiff’s Complaint 6 Denies each and every paragraph numbered and designated “12”, 14", “15” and “16” of the plaintiff’s Complaint AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7 That whatever 1i acies or damages the plaintiff may have sustained were caused, in whole or in part, by the culpable conduct of the plaintiff, or the risks which were assumed by the plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8. That by failing and neglecting to exercise ordinary care in making use of seat belts, the plaintiff acted unreasonably and in disregard of her own best interest and that all or a portion of her injuries could have been eliminated or minimized by the exercise of reasonable conduct and the use of seat belts. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. That the obligations and/or liability of the answering defendants is governed by Article 16 of the Civil Practice Laws and Rules. 20f 5 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 7 ead 10. Defendants hy eby 1 in mitigation and in reduction of any recovery by plaintiff against any and all defendants, including the answer g d ndant, the amount paid to plaintiff by any settling tortfeasor or tortfeasors, as per General Obligations Law §15-108. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 11. That one or more of the plaintiff’s claims may be barred or reduced because of the failure of the plaintiff to mitigate, minimize and/or avoid damages AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS, MARIE POINT~DU-JOUR and PIERRE W. HECTOR 12. If plaintiff sustained damages in the manner alleged in the complaint, all of wh is denied by the answering defendants, such damages were caused by.reason of the negligence and/or breach of contract of the co-defendants above named. 13. By reason of the foregoing, the answering defendants are entitled to contribution and/or indemnification from, and to have judgment over against, the co-defendants above named, for all part of any verdict of judgment that plaintiff may recover against the answering defendants. WHEREFORE, the answering defendants demand judgment dismissing the Complaint together with the costs and disbursements of this action. Dated: Poughkeepsie, NY April 1, 2016 3 0f 5 Yours, etc., LaROSE & LaROSE, ESQS. Attorneys for Defendants QUALITY WHOLESALE, INC. and KENNETH DUPAS 510 Haight Avenue Poughkeepsie, NY 12603 (845) 454-2001 TO HARMON, LINDER & ROG! ISKY, ESQS Attorneys for Pla 3 Park Avenue, S e 2300 New York, New York 10016 (212) 732-3665 4 of 5 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS) I, Keith V. LaRose, the undersigned, an attorney admitted to practice in the courts of New York State, state that I am a partner of the law firm of LaRose & LaRose, attorneys of record for the defendants KENNETH DUPAS and QUALITY WHOLESALE, INC., in the within action; I have read the foregoing Answer and know the contents thereof; the same is true to the best of my knowledge, except as to those matters therein stated to be alleged on information and belief, and as tc those matters I believe it to be true. The reason this verification is made by me and not by the defendant is because the defendant does not reside in this county. The grounds for my belief as to all matters not stated upon my own knowledge are as follows: Client interview and review of the file. Dated: April 4 , 2016 Poughkeepsie, NY KEITH ROSE 5 of 5