Preview
INDEX NO. 161009/2014
NYSCEF DOC. NO. 17 RECEIVED NYSCEF 12/17/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
rain ee pla
JAMIE LAWSON,
Index No.: 161009/14
Plaintiff,
VERIFIED ANSWER
-against-
194 MANHATTAN DELI, INC., 17-19 WEST 108 STREET
AIK/A 194 MANHATTAN AVENUE HOUSING DEVELOPMENT
FUND CORPORATION AND GENERAL PROPERTY
MANAGEMENT ASSOCIATES, INC.,
Defendants.
= = Xx
Defendants, 17-19 WEST 108™ ST. HOUSING FUND DEVELOPMENT CORPORATION
slilhia 17-19 WEST 108 STREET A/K/A 194 MANHATTAN AVENUE HOUSING
DEVELOPMENT FUND CORPORATION (hereinafter, “17-19 WEST 108 STREET”) and
GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., by its attorneys, KAUFMAN
BORGEEST & RYAN LLP, as and for a Answer to the Plaintiff's Complaint, alleges upon
information and belief, as follows:
FIRST: Answering Defendants deny knowledge and information sufficient to form a belief
as to each and every allegation contained in paragraphs of the Plaintiff's Verified Complaint
designated “1”,"2”, “11”, “12”, “13”, "14", "15", “16” and “17°.
SECOND: Answering Defendants deny the truth of the allegations contained in paragraph
designated “3” of the Plaintiff's Verified Complaint except admit that Answering Defendant 17-19
WEST 108 STREET is a New York Domestic Business Corporation.
THIRD: Answering Defendants deny the truth of the allegations contained in paragraph
designated “4” of the Plaintiff's Verified Complaint except admit that Answering Defendant
GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., is a New York Domestic
Business Corporation.
2845260
FOURTH: Answering Defendants deny each and every allegation contained in the
paragraphs designated “5”, “6”, “7”, “8”, “9”, “10”, “18”, “20”, “23”, “24”, "25", "30", “31”, "33", "34",
“35”, “36” and “37” of the Plaintiff's Verified Complaint.
FIFTH: Answering Defendants deny knowledge and information sufficient to form a
belief as to each and every allegation contained in paragraphs of the Plaintiff's Verified
Complaint designated “19”, “21”, “22”, “26”, “28” and “29” and respectfully refer all questions of
law to the Court.
SIXTH: Answering Defendants deny the truth of the allegations contained in paragraph
designated “27” of the Plaintiff's Verified Complaint except admit that Answering Defendant
GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., managed the residential portion
at the premises known as 17-19 West 108" Street, New York, New York.
SEVENTH: Answering Defendants deny each and every allegation contained in the
paragraph designated “32” of the Plaintiffs Verified Complaint and respectfully refer all
questions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
EIGHTH: Whatever injuries and/or damages the Plaintiff may have sustained at the time
and place mentioned in the Complaint as a result of the occurrence alleged, all of which are
denied by this Answering Defendants, was caused in whole or in part by the culpable conduct of
the Plaintiff. The amount of damages recovered, if any, shall therefore be diminished in the
proportion which the culpable conduct, attributable to Plaintiff bear to the culpable conduct
which caused said injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
NINTH: All risks and danger of loss or damages connected with the situation alleged in the
Complaint was at the time and place mentioned obvious and apparent and were known by the
Plaintiff and voluntarily assumed by Plaintiff. The Plaintiff's actions were therefore the sole
proximate cause of her injuries.
2845260
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
TENTH: The injuries and damages alleged were caused by the culpable conduct of some
third person or persons over whom this Answering Defendants neither had nor exercised
control.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
ELEVENTH: The liabilities of this Answering Defendants are limited by the provisions of
Article 16 of the Civil Practice Law and Rules.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TWELFTH: Plaintiff failed to mitigate her damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
THIRTEENTH: Any verdict, judgment or decision that might be obtained by Plaintiff against
this Answering Defendant shall be reduced by the amount of any collateral source payments
received by Plaintiff pursuant to CPLR § 4545(c) as determined by the Court.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
FOURTEENTH: The negligence of those responsible for the accident or the occurrence
alleged in the Complaint constituted a separated, independent, superseding, intervening act
which constitutes the sole proximate cause of the accident or occurrence alleged.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
FIFTEENTH: Plaintiff's Complaint fails to name indispensable parties.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
SIXTEENTH: Plaintiff is not in privity of contract with Answering Defendants.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
SEVENTEENTH: Upon information and belief, all risks and danger of loss or damages
connected with the situation alleged in the Complaint were de minimus, trivial and do not qualify
as dangerous condition(s).
2845260
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
EIGHTEENTH: Pursuant to the provisions of section 15-108 of the General Obligations
Law, the Answering Defendants are entitled to a reduction of any adverse judgment by either
the total settlement amount paid by any other tortfeasors or in the amount of the released
tortfeasors’ equitable share of the damages under article fourteen of the civil practice law and
rules, whichever is the greatest.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
NINTEENTH: Answering Defendants owe no duty to Plaintiff.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
TWENTIETH: Plaintiff's Complaint fails to state a cause of action.
AS AND FOR ITS CROSS-CLAIMS AGAINST CO-DEFENDANT,
194 MANHATTAN DELI INC.
TWENTY-FIRST: Upon information and belief, that if and in the event plaintiff sustained
any damages as alleged in the Complaint, all of which is denied by this Answering Defendants,
said damages were caused by the negligence, culpable conduct, breach of contract and/or
wrongful acts of the co-defendant, 194 MANHATTAN DELI INC., their agents, servants and/or
employees, and not through any acts of negligence, culpable or wrongful conduct on the part of
this Answering Defendants, its agents, servants and/or employees.
TWENTY-SECOND: By reason of the foregoing, this Answering Defendants are
entitled to full indemnity, either by common law or contract and/or contribution from, and to
judgment over and against co-defendant, 194 MANHATTAN DELI INC., for the full
indemnification, or for contribution in the amount of the excess paid by this Answering
Defendants over and above its equitable share of the judgment, verdict and/or recovery, as
determined in accordance with the relative culpability of each party liable for contribution.
WHEREFORE, Answering Defendants, 17-19 WEST 108 STREET and GENERAL
PROPERTY MANAGEMENT ASSOCIATES, INC., hereby demand judgment dismissing
2845260
Plaintiffs Verified Complaint herein and, alternatively demands judgment against the co-
defendant, 194 MANHATTAN DELI INC.., for full indemnification or for contribution in the
amount of the excess paid by these answering defendants over and above its equitable share of
the judgment verdict; and/or recovery, as determined in accordance with the relative culpability
of each party liable for contribution, together with the costs and disbursements of this action
including attorneys’ fees and for such other, further and different relief as this court may deem
just and proper.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Dated: Valhalla, New York
December 17, 2014
KAUFMAN BORGEEST & RYAN LLP ‘
a
PoE RS Ce
By: ebetca C. Kilduff, Esq.
Attorfney(s) for Defendants
17-19 WEST 108™ ST. HOUSING
FUND DEVELOPMENT
CORPORATION s/i/h/a 17-19 WEST
108 STREET A/K/A 194 MANHATTAN
AVENUE HOUSING DEVELOPMENT
FUND CORPORATION and
GENERAL PROPERTY
MANAGEMENT ASSOCIATES, INC.
200 Summit Lake Drive, 1% Floor
Valhalla, New York 10595
Phone: (914) 449-1000
File No.: 168.259
To: HARMON, LINDER & ROGOWSKY
Mark J. Linder, Esq.
Attorney for Plaintiff
3 Park Avenue, Ste. 2300
New York, New York 10016
Phone: (212) 732-3665
Fax: (212) 732-1462
2845260
VERIFICATION
STATE OF NEW YORK
COUNTY OF WESTCHESTER )
REBECCA C. KILDUFF, being duly sworn, states that she is an associate at the law firm
of KAUFMAN BORGEEST & RYAN LLP, attorneys for the Defendants, 17-19 WEST 108™ ST.
HOUSING FUND DEVELOPMENT CORPORATION sii/h/a 17-19 WEST 108 STREET A/K/A
194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION and
GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., in this action and that the
foregoing VERIFIED ANSWER is true to her knowledge, except as to those matters therein stated
upon information and belief, and as to those matters she believes them to be true; that the
grounds of her belief as to all matters not stated upon her knowledge are correspondence and
other writings furnished by the Defendants and other documentations maintained in the office of
its attorneys; and that the reason why this verification is not made by Defendants is that the
Defendants are located in a county other than the county where its attorneys have their office.
Dated: Valhalla, New York
December 17, 2014
he COL CA
EBECCA C. KILDUFF
2845260
Preview
INDEX NO. 161009/2014 NYSCEF DOC. NO. 17 RECEIVED NYSCEF 12/17/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK rain ee pla JAMIE LAWSON, Index No.: 161009/14 Plaintiff, VERIFIED ANSWER -against- 194 MANHATTAN DELI, INC., 17-19 WEST 108 STREET AIK/A 194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION AND GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., Defendants. = = Xx Defendants, 17-19 WEST 108™ ST. HOUSING FUND DEVELOPMENT CORPORATION slilhia 17-19 WEST 108 STREET A/K/A 194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION (hereinafter, “17-19 WEST 108 STREET”) and GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., by its attorneys, KAUFMAN BORGEEST & RYAN LLP, as and for a Answer to the Plaintiff's Complaint, alleges upon information and belief, as follows: FIRST: Answering Defendants deny knowledge and information sufficient to form a belief as to each and every allegation contained in paragraphs of the Plaintiff's Verified Complaint designated “1”,"2”, “11”, “12”, “13”, "14", "15", “16” and “17°. SECOND: Answering Defendants deny the truth of the allegations contained in paragraph designated “3” of the Plaintiff's Verified Complaint except admit that Answering Defendant 17-19 WEST 108 STREET is a New York Domestic Business Corporation. THIRD: Answering Defendants deny the truth of the allegations contained in paragraph designated “4” of the Plaintiff's Verified Complaint except admit that Answering Defendant GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., is a New York Domestic Business Corporation. 2845260 FOURTH: Answering Defendants deny each and every allegation contained in the paragraphs designated “5”, “6”, “7”, “8”, “9”, “10”, “18”, “20”, “23”, “24”, "25", "30", “31”, "33", "34", “35”, “36” and “37” of the Plaintiff's Verified Complaint. FIFTH: Answering Defendants deny knowledge and information sufficient to form a belief as to each and every allegation contained in paragraphs of the Plaintiff's Verified Complaint designated “19”, “21”, “22”, “26”, “28” and “29” and respectfully refer all questions of law to the Court. SIXTH: Answering Defendants deny the truth of the allegations contained in paragraph designated “27” of the Plaintiff's Verified Complaint except admit that Answering Defendant GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., managed the residential portion at the premises known as 17-19 West 108" Street, New York, New York. SEVENTH: Answering Defendants deny each and every allegation contained in the paragraph designated “32” of the Plaintiffs Verified Complaint and respectfully refer all questions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE EIGHTH: Whatever injuries and/or damages the Plaintiff may have sustained at the time and place mentioned in the Complaint as a result of the occurrence alleged, all of which are denied by this Answering Defendants, was caused in whole or in part by the culpable conduct of the Plaintiff. The amount of damages recovered, if any, shall therefore be diminished in the proportion which the culpable conduct, attributable to Plaintiff bear to the culpable conduct which caused said injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE NINTH: All risks and danger of loss or damages connected with the situation alleged in the Complaint was at the time and place mentioned obvious and apparent and were known by the Plaintiff and voluntarily assumed by Plaintiff. The Plaintiff's actions were therefore the sole proximate cause of her injuries. 2845260 AS AND FOR A THIRD AFFIRMATIVE DEFENSE TENTH: The injuries and damages alleged were caused by the culpable conduct of some third person or persons over whom this Answering Defendants neither had nor exercised control. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE ELEVENTH: The liabilities of this Answering Defendants are limited by the provisions of Article 16 of the Civil Practice Law and Rules. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TWELFTH: Plaintiff failed to mitigate her damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIRTEENTH: Any verdict, judgment or decision that might be obtained by Plaintiff against this Answering Defendant shall be reduced by the amount of any collateral source payments received by Plaintiff pursuant to CPLR § 4545(c) as determined by the Court. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE FOURTEENTH: The negligence of those responsible for the accident or the occurrence alleged in the Complaint constituted a separated, independent, superseding, intervening act which constitutes the sole proximate cause of the accident or occurrence alleged. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE FIFTEENTH: Plaintiff's Complaint fails to name indispensable parties. AS AND FOR A NINTH AFFIRMATIVE DEFENSE SIXTEENTH: Plaintiff is not in privity of contract with Answering Defendants. AS AND FOR A TENTH AFFIRMATIVE DEFENSE SEVENTEENTH: Upon information and belief, all risks and danger of loss or damages connected with the situation alleged in the Complaint were de minimus, trivial and do not qualify as dangerous condition(s). 2845260 AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE EIGHTEENTH: Pursuant to the provisions of section 15-108 of the General Obligations Law, the Answering Defendants are entitled to a reduction of any adverse judgment by either the total settlement amount paid by any other tortfeasors or in the amount of the released tortfeasors’ equitable share of the damages under article fourteen of the civil practice law and rules, whichever is the greatest. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE NINTEENTH: Answering Defendants owe no duty to Plaintiff. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE TWENTIETH: Plaintiff's Complaint fails to state a cause of action. AS AND FOR ITS CROSS-CLAIMS AGAINST CO-DEFENDANT, 194 MANHATTAN DELI INC. TWENTY-FIRST: Upon information and belief, that if and in the event plaintiff sustained any damages as alleged in the Complaint, all of which is denied by this Answering Defendants, said damages were caused by the negligence, culpable conduct, breach of contract and/or wrongful acts of the co-defendant, 194 MANHATTAN DELI INC., their agents, servants and/or employees, and not through any acts of negligence, culpable or wrongful conduct on the part of this Answering Defendants, its agents, servants and/or employees. TWENTY-SECOND: By reason of the foregoing, this Answering Defendants are entitled to full indemnity, either by common law or contract and/or contribution from, and to judgment over and against co-defendant, 194 MANHATTAN DELI INC., for the full indemnification, or for contribution in the amount of the excess paid by this Answering Defendants over and above its equitable share of the judgment, verdict and/or recovery, as determined in accordance with the relative culpability of each party liable for contribution. WHEREFORE, Answering Defendants, 17-19 WEST 108 STREET and GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., hereby demand judgment dismissing 2845260 Plaintiffs Verified Complaint herein and, alternatively demands judgment against the co- defendant, 194 MANHATTAN DELI INC.., for full indemnification or for contribution in the amount of the excess paid by these answering defendants over and above its equitable share of the judgment verdict; and/or recovery, as determined in accordance with the relative culpability of each party liable for contribution, together with the costs and disbursements of this action including attorneys’ fees and for such other, further and different relief as this court may deem just and proper. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: Valhalla, New York December 17, 2014 KAUFMAN BORGEEST & RYAN LLP ‘ a PoE RS Ce By: ebetca C. Kilduff, Esq. Attorfney(s) for Defendants 17-19 WEST 108™ ST. HOUSING FUND DEVELOPMENT CORPORATION s/i/h/a 17-19 WEST 108 STREET A/K/A 194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION and GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC. 200 Summit Lake Drive, 1% Floor Valhalla, New York 10595 Phone: (914) 449-1000 File No.: 168.259 To: HARMON, LINDER & ROGOWSKY Mark J. Linder, Esq. Attorney for Plaintiff 3 Park Avenue, Ste. 2300 New York, New York 10016 Phone: (212) 732-3665 Fax: (212) 732-1462 2845260 VERIFICATION STATE OF NEW YORK COUNTY OF WESTCHESTER ) REBECCA C. KILDUFF, being duly sworn, states that she is an associate at the law firm of KAUFMAN BORGEEST & RYAN LLP, attorneys for the Defendants, 17-19 WEST 108™ ST. HOUSING FUND DEVELOPMENT CORPORATION sii/h/a 17-19 WEST 108 STREET A/K/A 194 MANHATTAN AVENUE HOUSING DEVELOPMENT FUND CORPORATION and GENERAL PROPERTY MANAGEMENT ASSOCIATES, INC., in this action and that the foregoing VERIFIED ANSWER is true to her knowledge, except as to those matters therein stated upon information and belief, and as to those matters she believes them to be true; that the grounds of her belief as to all matters not stated upon her knowledge are correspondence and other writings furnished by the Defendants and other documentations maintained in the office of its attorneys; and that the reason why this verification is not made by Defendants is that the Defendants are located in a county other than the county where its attorneys have their office. Dated: Valhalla, New York December 17, 2014 he COL CA EBECCA C. KILDUFF 2845260