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(FILED: NEW YORK COUNTY CLERK 0170872015 05:44 PM INDEX NO. 161002/2014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/08/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JAHRIEL BROWNE,
Plaintiff, Index No: 161002/2014
- against - VERIFIED ANSWER
THE NEW YORK CITY SOCIETY OF THE
METHODIST CHURCH, SALEM METH
CHURCH, RENEE DOE and DOUG DOE,
Defendants.
wenn nee
ene nn enn enn,
The Defendants, THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and
SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH, by their attorneys,
MOLOD SPITZ & DeSANTIS, P.C., answering the Verified Complaint of the Plaintiff state, upon
information and belief:
FIRST: Deny having knowledge or information sufficient to form a belief as to each and
every allegation in the Complaint designated as paragraphs 1 and 2.
SECOND: Deny each and every allegation in the Complaint designated as paragraph 3,
except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant THE
NEW YORK CITY SOCIETY OF THE METHODIST CHURCH was the owner of the building
located at 211 West 129" Street, New York, New York.
THIRD: Deny each and every allegation in the Complaint designated as paragraph 4,
except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant THE
NEW YORK CITY SOCIETY OF THE METHODIST CHURCH was and still is a domestic not-for-
profit corporation duly authorized to conduct business in the State of New York and is the owner of the
property located at 211 West 129" Street, New York, New York 10030.
MOLOD Spitz & DESANTIS, P.C.
ANSWERING THE FIRST CAUSE OF ACTION
FOURTH: With reference to paragraph 6 of Plaintiffs Complaint, the answering
Defendants repeat, reiterate and reallege each and every admission and denial heretofore interposed
herein to paragraphs marked and numbered 1 through 5, inclusive, with the same force and effect as
though more fully set forth herein at length.
FIFTH: Deny each and every allegation in the Complaint designated as paragraph 7,
except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant SALEM
UNITED METHODIST CHURCH at said location were owned, maintained and managed by
Defendant THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH.
SIXTH: Deny each and every allegation in the Complaint designated as paragraph 8, and
respectfully refer questions of law to this Honorable Court.
SEVENTH: Deny having knowledge or information sufficient to form a belief as to each and
every allegation in the Complaint designated as paragraph 9.
EIGHTH: Deny each and every allegation in the Complaint designated as paragraphs 10,
11, 12, 13 and 14.
ANSWERING THE SECOND CAUSE OF ACTION
NINTH: With reference to paragraph 15 of Plaintiff's Complaint, the answering
Defendants repeat, reiterate and reallege each and every admission and denial heretofore interposed
herein to paragraphs marked and numbered 1 through 14, inclusive, with the same force and effect as
though more fully set forth herein at length.
TENTH: Deny each and every allegation in the Complaint designated as paragraphs 16,
17 and 18.
MOoLop Spitz & DESANTIS, P.C.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
ELEVENTH: If the Plaintiff sustained any injuries and/or damages at the time and place
mentioned in the Complaint herein, those injuries or damages were caused solely or in part by reason
of the culpable conduct, contributory negligence or assumption of the risk of the Plaintiff and the
answering Defendants herein seek a dismissal of the Complaint or a diminution of any recovery for the
proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which
caused the injuries or damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TWELFTH: Defendants affirmatively plead the provisions of CPLR Section 4545 insofar as
applicable to'the reduction of any recovery the Plaintiff might be awarded.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THIRTEENTH: If the answering Defendants are found liable, such liability is less than or
equal to 50% of the total liability of all persons who may be found liable and therefore the answering
Defendants’ liability shall be limited in accordance with Article 16, CPLR.
WHEREFORE, the answering Defendants, THE NEW YORK CITY SOCIETY OF THE
METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH
CHURCH, demand judgment dismissing the Complaint against them, together with the costs,
disbursements and expense of this action.
Dated: New York, New York
January 7, 2015
MOLOD Spitz & DESANTIS, P.C.
MOLOD SPITZ & DESANTIS, P.C.
Attorneys for Defendants
THE NEW YORK CITY SOCIETY OF
THE METHODIST CHURCH and SALEM
UNITED METHODIST CHURCH s/h/a
SALEM METH CHURCH
By
SALVATO DESANTIS
1430 Broadway, 21° OOr
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
File No.: PHIC-590
TO:
Gary N. Rawlins, Esq.
THE RAWLINS LAW FIRM, PLLC
Attorneys for Plaintiff
80 Broad Street, 5" Floor
New York, NY 10048
Tel: (212) 926-0050
Fax: (212) 926-0059
MOLOD Spitz & DESANTIS, P.C.
ATTORNEY'S VERIFICATION
SALVATORE J. DeSANTIS, an attorney duly admitted to practice law before the Courts of the
State of New York and a member of the firm of MOLOD SPITZ & DeSANTIS, P.C., attorneys for
Defendants, THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM
UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH, states:
That your affirmant has read the foregoing ANSWER and know the contents thereof: that the
same is true to your affirmant's own knowledge except as to the matters which are stated therein to be
alleged on information and belief, and as to those matters your affirmant believes them to be true.
The source of your affirmant's information and belief is an investigation caused to be made
with respect to the facts in this action, and file contents.
The reason this verification is not made by answering Defendants herein, is that the Defendants
do not reside within the County of New York where your affirmant's office is maintained.
The undersigned affirms that the foregoing statement is true, under penalties of perjury,
pursuant to CPLR 3020(d)(3).
Dated: New York, New York
January 7, 2015
SALVATORE J. DeSANTIS
MOLOD Spitz & DESANTIS, P.C.
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(FILED: NEW YORK COUNTY CLERK 0170872015 05:44 PM INDEX NO. 161002/2014 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/08/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JAHRIEL BROWNE, Plaintiff, Index No: 161002/2014 - against - VERIFIED ANSWER THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH, SALEM METH CHURCH, RENEE DOE and DOUG DOE, Defendants. wenn nee ene nn enn enn, The Defendants, THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH, by their attorneys, MOLOD SPITZ & DeSANTIS, P.C., answering the Verified Complaint of the Plaintiff state, upon information and belief: FIRST: Deny having knowledge or information sufficient to form a belief as to each and every allegation in the Complaint designated as paragraphs 1 and 2. SECOND: Deny each and every allegation in the Complaint designated as paragraph 3, except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH was the owner of the building located at 211 West 129" Street, New York, New York. THIRD: Deny each and every allegation in the Complaint designated as paragraph 4, except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH was and still is a domestic not-for- profit corporation duly authorized to conduct business in the State of New York and is the owner of the property located at 211 West 129" Street, New York, New York 10030. MOLOD Spitz & DESANTIS, P.C. ANSWERING THE FIRST CAUSE OF ACTION FOURTH: With reference to paragraph 6 of Plaintiffs Complaint, the answering Defendants repeat, reiterate and reallege each and every admission and denial heretofore interposed herein to paragraphs marked and numbered 1 through 5, inclusive, with the same force and effect as though more fully set forth herein at length. FIFTH: Deny each and every allegation in the Complaint designated as paragraph 7, except admit that on or about January 12, 12012, and at all times herein mentioned, Defendant SALEM UNITED METHODIST CHURCH at said location were owned, maintained and managed by Defendant THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH. SIXTH: Deny each and every allegation in the Complaint designated as paragraph 8, and respectfully refer questions of law to this Honorable Court. SEVENTH: Deny having knowledge or information sufficient to form a belief as to each and every allegation in the Complaint designated as paragraph 9. EIGHTH: Deny each and every allegation in the Complaint designated as paragraphs 10, 11, 12, 13 and 14. ANSWERING THE SECOND CAUSE OF ACTION NINTH: With reference to paragraph 15 of Plaintiff's Complaint, the answering Defendants repeat, reiterate and reallege each and every admission and denial heretofore interposed herein to paragraphs marked and numbered 1 through 14, inclusive, with the same force and effect as though more fully set forth herein at length. TENTH: Deny each and every allegation in the Complaint designated as paragraphs 16, 17 and 18. MOoLop Spitz & DESANTIS, P.C. AS AND FOR A FIRST AFFIRMATIVE DEFENSE ELEVENTH: If the Plaintiff sustained any injuries and/or damages at the time and place mentioned in the Complaint herein, those injuries or damages were caused solely or in part by reason of the culpable conduct, contributory negligence or assumption of the risk of the Plaintiff and the answering Defendants herein seek a dismissal of the Complaint or a diminution of any recovery for the proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which caused the injuries or damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TWELFTH: Defendants affirmatively plead the provisions of CPLR Section 4545 insofar as applicable to'the reduction of any recovery the Plaintiff might be awarded. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIRTEENTH: If the answering Defendants are found liable, such liability is less than or equal to 50% of the total liability of all persons who may be found liable and therefore the answering Defendants’ liability shall be limited in accordance with Article 16, CPLR. WHEREFORE, the answering Defendants, THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH, demand judgment dismissing the Complaint against them, together with the costs, disbursements and expense of this action. Dated: New York, New York January 7, 2015 MOLOD Spitz & DESANTIS, P.C. MOLOD SPITZ & DESANTIS, P.C. Attorneys for Defendants THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH By SALVATO DESANTIS 1430 Broadway, 21° OOr New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 File No.: PHIC-590 TO: Gary N. Rawlins, Esq. THE RAWLINS LAW FIRM, PLLC Attorneys for Plaintiff 80 Broad Street, 5" Floor New York, NY 10048 Tel: (212) 926-0050 Fax: (212) 926-0059 MOLOD Spitz & DESANTIS, P.C. ATTORNEY'S VERIFICATION SALVATORE J. DeSANTIS, an attorney duly admitted to practice law before the Courts of the State of New York and a member of the firm of MOLOD SPITZ & DeSANTIS, P.C., attorneys for Defendants, THE NEW YORK CITY SOCIETY OF THE METHODIST CHURCH and SALEM UNITED METHODIST CHURCH s/h/a SALEM METH CHURCH, states: That your affirmant has read the foregoing ANSWER and know the contents thereof: that the same is true to your affirmant's own knowledge except as to the matters which are stated therein to be alleged on information and belief, and as to those matters your affirmant believes them to be true. The source of your affirmant's information and belief is an investigation caused to be made with respect to the facts in this action, and file contents. The reason this verification is not made by answering Defendants herein, is that the Defendants do not reside within the County of New York where your affirmant's office is maintained. The undersigned affirms that the foregoing statement is true, under penalties of perjury, pursuant to CPLR 3020(d)(3). Dated: New York, New York January 7, 2015 SALVATORE J. DeSANTIS MOLOD Spitz & DESANTIS, P.C.