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INDEX NO. 150879/2014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
LL. FRITH, Index No.: 150879/2014
Plaintiff,
-against- VERIFIED ANSWER
CITY WIDE MOBILE RESPONSE CORP. nd
KARLIM S. EDMONDS,
Defendants.
manne nena nnn ence net teen en ene een ene ener
Defendants, CITY WIDE MOBILE RESPONSE CORP. and KARLIM S. EDMONDS,
by and through their atlorneys, RAWLIE & HENDERSON, LLP, as and for their verified answer
to plaintifi’s verified complaint, allege upon information and belief as follows:
] Deny having knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs “1”, “7”, “8”, “10”, “11”, “12” and °13” of plaintiff's verified
complaint.
2. Admit to the allegations pertained in paragraphs “2”, “3”, “4”, “5” and “6” of
plaintiffs verified complaint.
3 Deny cach and every allegation contained in paragraph “9” of plaintiff's verified
complaint.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
4 Deny each and every allegation contained in paragraphs “14”, “15” and “18” of
plaintiffs verified complaint.
72014 76+
5 Deny having knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs “16” and “17” of plaintiff's verified complaint and leave all
matters of law to the Court.
AS AND FOR A FIRST, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
6 If the injuries and damages were sustained by the plaintiff at the time and place in
the manner alleged in the verified complaint, such damages and injuries are attributable, in whole
or in part, to the comparative negligence and culpable conduct of the plaintiff, and if any
damages are recoverable against these defendants, the amount of such damages shall be
diminished in proportion which the comparative negligence and culpable conduct attributable to
the plaintiff bears to the culpable conduct which caused the damages.
AS AND FOR A SECOND, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
7 That in the event of any judgment or verdict on behalf of the plaintiff, these
answering defendants are entitled to a set-off or verdict with respect to the amounts of any past or
future expenses pursuant to § 4545 of the CPLR.
AS AND FOR A THIRD, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
8 That this action does not fall within one or more of the exceptions set forth in CPLR
§ 1602 and thus these defendants are responsible only for their pro rata share of any verdict that may
be rendered against them.
AS AND FOR A FOURTH, SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
9. ‘That the verified complaint fails to state a cause of action upon which relief can be
granted by virtue of the fact that plaintiff has failed to sustain serious injuries for which he is
T2014 76-
entitled to compensation as defined in 5102(4)(d) of the Insurance Law and are thus not entitled to
relief by this Court.
WHEREFORE, these answering defendants, CITYWIDE MOBILE RESPONSE
CORP, and KARLIM S, EDMONDS, demand judgment dismissing the plaintiffs verified
complaint herein as to said answering defendants and for such other and further relief as this court
deems just and proper.
Dated: New York, New York
March 13, 2014
Yours, etc,
RAWLE & HENDERSON, LLP
Attorneys for Defendants
CITYWIDE MOBILE RESPONSE CORP. and
KARLIM S, EDMON:
By
Robert A
14 Wall Street 27" Floor
New York, New York 10005-2101
(212) 323-7070
Our File No.: 803261
TO JAROSLAWICZ & JAROS, LLC
Attorneys for Plaintiff
225 Broadway, 24" Floor
New York, New York 10007
(212) 227-2780
P2OIAI6-
VERIFICATION
STATE OF NEW YORK. )
18S.
COUNTY OF NEW YORK )
ROBERT A. FITCH, an attorney admitted to practice in the State of New York.
affirms: That the undersigned is a member of the firm of RAWLE & HENDERSON, LLP,
attorneys for defendants in the within action; hat the undersigned has read the foregoing
VERIFIED ANSWER and knows the contents thereof; that the same are true to affirmant’s own
knowledge, except as to the matters therein stated to be alleged on information and belief; and as to
those matters affirmant belicves them to be true.
The undersigned further states that the reason this affirmation is made by the
undersigned and not by the defendants is that the defendants reside outside the county where the
undersigned maintains his offices.
The grounds of affirmant's belief as to all matters not stated to be upon affirmant's
knowledge, are as follows: books, records, correspondence, investigation and other documentation
in the possession of the undersigned.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: New York, New York
March 13, 2014
-
oven fone
ROBE, T A. FITCH
72014 76-1
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INDEX NO. 150879/2014 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/13/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LL. FRITH, Index No.: 150879/2014 Plaintiff, -against- VERIFIED ANSWER CITY WIDE MOBILE RESPONSE CORP. nd KARLIM S. EDMONDS, Defendants. manne nena nnn ence net teen en ene een ene ener Defendants, CITY WIDE MOBILE RESPONSE CORP. and KARLIM S. EDMONDS, by and through their atlorneys, RAWLIE & HENDERSON, LLP, as and for their verified answer to plaintifi’s verified complaint, allege upon information and belief as follows: ] Deny having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “1”, “7”, “8”, “10”, “11”, “12” and °13” of plaintiff's verified complaint. 2. Admit to the allegations pertained in paragraphs “2”, “3”, “4”, “5” and “6” of plaintiffs verified complaint. 3 Deny cach and every allegation contained in paragraph “9” of plaintiff's verified complaint. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 4 Deny each and every allegation contained in paragraphs “14”, “15” and “18” of plaintiffs verified complaint. 72014 76+ 5 Deny having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “16” and “17” of plaintiff's verified complaint and leave all matters of law to the Court. AS AND FOR A FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 6 If the injuries and damages were sustained by the plaintiff at the time and place in the manner alleged in the verified complaint, such damages and injuries are attributable, in whole or in part, to the comparative negligence and culpable conduct of the plaintiff, and if any damages are recoverable against these defendants, the amount of such damages shall be diminished in proportion which the comparative negligence and culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 7 That in the event of any judgment or verdict on behalf of the plaintiff, these answering defendants are entitled to a set-off or verdict with respect to the amounts of any past or future expenses pursuant to § 4545 of the CPLR. AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 8 That this action does not fall within one or more of the exceptions set forth in CPLR § 1602 and thus these defendants are responsible only for their pro rata share of any verdict that may be rendered against them. AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 9. ‘That the verified complaint fails to state a cause of action upon which relief can be granted by virtue of the fact that plaintiff has failed to sustain serious injuries for which he is T2014 76- entitled to compensation as defined in 5102(4)(d) of the Insurance Law and are thus not entitled to relief by this Court. WHEREFORE, these answering defendants, CITYWIDE MOBILE RESPONSE CORP, and KARLIM S, EDMONDS, demand judgment dismissing the plaintiffs verified complaint herein as to said answering defendants and for such other and further relief as this court deems just and proper. Dated: New York, New York March 13, 2014 Yours, etc, RAWLE & HENDERSON, LLP Attorneys for Defendants CITYWIDE MOBILE RESPONSE CORP. and KARLIM S, EDMON: By Robert A 14 Wall Street 27" Floor New York, New York 10005-2101 (212) 323-7070 Our File No.: 803261 TO JAROSLAWICZ & JAROS, LLC Attorneys for Plaintiff 225 Broadway, 24" Floor New York, New York 10007 (212) 227-2780 P2OIAI6- VERIFICATION STATE OF NEW YORK. ) 18S. COUNTY OF NEW YORK ) ROBERT A. FITCH, an attorney admitted to practice in the State of New York. affirms: That the undersigned is a member of the firm of RAWLE & HENDERSON, LLP, attorneys for defendants in the within action; hat the undersigned has read the foregoing VERIFIED ANSWER and knows the contents thereof; that the same are true to affirmant’s own knowledge, except as to the matters therein stated to be alleged on information and belief; and as to those matters affirmant belicves them to be true. The undersigned further states that the reason this affirmation is made by the undersigned and not by the defendants is that the defendants reside outside the county where the undersigned maintains his offices. The grounds of affirmant's belief as to all matters not stated to be upon affirmant's knowledge, are as follows: books, records, correspondence, investigation and other documentation in the possession of the undersigned. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: New York, New York March 13, 2014 - oven fone ROBE, T A. FITCH 72014 76-1