Preview
FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014
NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------------X
DORIS KAUFMAN, : INDEX NO.: 150893/2014
Plaintiff, :
-against- : VERIFIED ANSWER TO
AMENDED COMPLAINT
2451 BROADWAY MARKET, INC., YUCCA HOLDING:
CORP. and NEW HORIZON MANAGEMENT CORP.,
:
Defendants.
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The defendants, YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT
CORP., by and through its attorneys, Weiner, Millo, Morgan & Bonanno, LLC, answer the
Amended Complaint of plaintiff as follows:
1. Deny knowledge or information sufficient to form a belief as to the truth of the
"1" "4" "5" "6" "7" "8" "9" "1Q" "17"
allegations contained in paragraphs numbered "1", "4", "5", "6", "7", "8", "9", "10", and
"24"
of plaintiff's Amended Complaint and directs allquestions of law to the Court and questions
of fact to the trier of fact.
2. Deny each and every allegation contained in paragraphs numbered "12", "13",
"14" "15" "16" "19" "2Q" "21" "28"
"14", "15", "16", "19", "20", "21", "22", and of the plaintiffs Amended Complaint and
directs allquestions of law to the Court and questions of fact to the trier of fact.
3. Deny each and every allegation contained in paragraphs numbered "3", "25", "26",
"27" "29"
and of the plaintiff's Amended Complaint.
4. Deny each and every allegation contained in paragraph number "11", except
admit that on August 12, 2013, defendant YUCCA HOLDING CORP. owned the building at
2451 Broadway, New York, New York.
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5. Deny each and every allegation contained in paragraph number "18", except
admit that on August 12, 2013, defendant NEW HORIZON MANAGEMENT CORP. provided
managing services for premises 2451 Broadway, New York, New York.
6. Deny each and every allegation contained in paragraph number "23", except
admit that on August 12, 2013, defendant NEW HORIZON MANAGEMENT CORP. provided
managing services for premises 2451 Broadway, New York, New York.
AS AND FOR A FIRST, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
7. That in the event the plaintiff's damages as alleged in the Complaint were caused, in
whole or in part, by the comparative negligence of the plaintiff, then the amount of damages
otherwise recoverable by the plaintiff should be diminished and reduced in the proportion the
plaintiff is found to be comparatively negligent by the trier of fact.
AS AND FOR A SECOND, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
8. That in the event any judgment or verdict is rendered in favor of plaintiff, the
answering defendants are entitled pursuant to CPLR § 4545 to have such judgment or verdict
reduced by the amount of any collateral payments or other payments made to the plaintiff for
expenses or costs, and by the amount of all such payments the plaintiff will receive in the future.
AS AND FOR A THIRD, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
9. In the event that a judgment or verdict is rendered on behalf of the plaintiff the
answering defendants are entitled to a set off of the amount received by plaintiff from person(s) or
entity (entities), being a party or not to the action, pursuant to General Obligations Law § 15-108.
2
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AS AND FOR A FOURTH, SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
10. That all the hazards and risks attendant to the circumstances set forth in the
Complaint were obvious and apparent and were expressly assumed by the plaintiff.
AS AND FOR A FIFTH, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
11. That if the plaintiff sustained any damages as alleged in the Complaint, such
damages were the result of the culpable conduct, action or inaction, or breach of duty, of other
persons or entities, being or not being parties to this action, or their servants, agents or employees,
over whom the defendants exercised no control and that the answering defendants are blameless and
free from any and all culpable conduct, negligent acts or breach of duty as to said plaintiff.
AS AND FOR A SIXTH, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
12. That the plaintiff failed to take all reasonable measures to reduce, mitigate, and/or
minimize the damages alleged.
AS AND FOR A SEVENTH, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
13. That the plaintiff has failed to join allnecessary parties to this action.
AS AND FOR AN EIGHTH, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
14. That the plaintiff failed to state a cause of action.
AS AND FOR A NINTH, SEPARATE, AND
COMPLETE AFFIRMATIVE DEFENSE
15. If the answering defendants are found to be liable, and its liability is fifty percent
or less of the total liability of all persons liable; by reason thereof and Section 1601 of the CPLR,
3
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defendants'
the answering liability as to non-economic loss, if any, shall not exceed the
defendants'
answering equitable share thereof.
AS AND FOR A FIRST CROSS-CLAIM AGAINST
THE CO-DEFENDANT, 2451 BROADWAY MARKET, INC.
16. That ifthere is a verdict of liability as against the answering defendants by reason of
the matters alleged in the plaintiff's Verified Complaint herein, which the answering defendants
deny, then, in that event, such damages were caused, in whole or in part, as a result of the actions or
omissions of 2451 BROADWAY MARKET, INC., consequently, the answering defendants shall
be entitled to contribution from 2451 BROADWAY MARKET, INC. of an equitable share of any
such adjudication of liability, on the basis of the comparative degree of culpability of 2451
BROADWAY MARKET, INC. for the plaintiff's damages.
AS AND FOR A SECOND CROSS-CLAIM AGAINST
THE CODEFENDANT, 2451 BROADWAY MARKET, INC.
17. That if the plaintiff is entitled to recover damages as against the answering
defendants, by reason of the matters alleged in the plaintiff's Verified Complaint, or in said other
action in which liabilityis denied, the answering defendants will have a claim over and against 2451
BROADWAY MARKET, INC. for full indemnity, including all attorney's fees and litigation
expenses and costs, due to carelessness, recklessness and negligence of 2451 BROADWAY
MARKET, INC. that was a proximate cause of plaintiff's injuries.
AS AND FOR A THIRD CROSS-CLAIM AGAINST
THE CODEFENDANT, 2451 BROADWAY MARKET, INC.
18. The answering defendants and 2451 BROADWAY MARKET, INC. entered into
an agreement where itwas agreed that 2451 BROADWAY MARKET, INC. should hold the
defendants harmless and indemnify the answering defendants from and against any and
answering
all claims and demands for, or in connection with any action, damage or demand whatsoever, and
4
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2451 BROADWAY MARKET, INC. owes the answering defendants full indemnity as well as the
cost of litigation including fees, expenses and attorney fees.
AS AND FOR A FOURTH CROSS-CLAIM AGAINST
THE CODEFENDANT, 2451 BROADWAY MARKET, INC.
19. The answering defendants and 2451 BROADWAY MARKET, INC. entered into
an agreement whereby 2451 BROADWAY MARKET, INC. agreed to procure an insurance policy
naming the answering defendants as named insured on such insurance policy. 2451 BROADWAY
MARKET, INC. breached such agreement and failed to name answering defendant on such policy,
and 2451 BROADWAY MARKET, INC. is obligated to pay alldamages sustained by such breach
of the agreement pursuant to Kinney v. Lisk.
WHEREFORE, the answering defendants, YUCCA HOLDING CORP. and NEW
HORIZON MANAGEMENT CORP., demands judgment dismissing the Complaint herein as to
said and further demands judgment with regard to defendant cross-
answering defendant; answering
claims; together with attorney's fees, the costs and disbursements of this action, and such other and
further relief as to the Court shall seem just, proper and equitable.
Dated: New York, New York
December 15, 2017 Yours etc.,
ni
John P. B o, Esq.
WEINE , LO, M AN & BONANNO, LLC
Attorn s r Defend s
YUCCA HOLDING CORP. and NEW HORIZON
MANAGEMENT CORP.
220 Fifth Avenue, 10th Floor
New York, New York 10001
(212) 213-1220
WMMB File No.: 428-234
5
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TO: Christopher Joslin, Esq.
David Horowitz, P.C.
Attorneys for Plaintiff
171 Madison Avenue - Suite 1300
New York, New York 10016
(212) 684-3630
Weisberg & Weisberg
Attorneys for Defendant
2451 BROADWAY MARKET, INC.
2463 Broadway
New York, New York 10025
(212) 787-7760
Michael J. Sweeney, Esq.
Trial Counsel for Defendant
2451 BROADWAY MARKET, INC.
25 Greenwood Road
Yonkers, New York 10701
(914) 968-7033
6
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Sonia Jaye, being duly sworn, deposes and says:
I am the president of the defendant, YUCCA HOLDING CORP., in the above-entitled
action. I have read the annexed Verified Answer to Amended Complaint, know the contents thereof
and the same are true to my knowledge, except those matters therein which are stated to be alleged
upon information and belief, and as to those matters, I believe them to be true.
By: nia ay
esid nt
Sworn to before ine this
18th day of December, 2017
NOTARY PUBLIC
MICHAEL W. ANTONMCH
Stateof New York
Notary Public,
No. 01AN4762190
Nassau County •
Qualified in
ExpiresJune 30, 20
Commission
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Enrico Maruffi, being duly sworn, deposes and says:
I was the President of the defendant, NEW HORIZON MANAGEMENT CORP,, in the
above-entitled action. I have read the annexed Verified Answer to Amended Complaint, know the
contents thereof and the same are true to my knowledge, except those matters therein which are
stated to be alleged upon information and belief,and as to those matters, I believe them to be true.
Dated: New York, New York
December 15, 2017
Maruff.
By: Enrico Marut'f
Sworn to before me this
day of , 2017
U IC
worAnfrospostmenenom
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AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Dena M. Schultz, being duly sworn, deposes and says:
I am not a party to the within action, I am over 18 years of age, and I reside in Brooklyn,
New York.
On the 19th day of December, 2017, I mailed the within VERIFIED ANSWER TO
AMENDED COMPLAINT, by depositing a true copy thereof, enclosed in a post-paid wrapper, in
an official depository under the exclusive care and custody of the United States Postal Service
within New York State, addressed to each of the following persons at the last known address set
forth after each name:
TO: David Horowitz, P.C.
171 Madison Avenue - Suite 1300
New York, New York 10016
Weisberg & Weisberg
2463 Broadway
New York, New York 10025
Michael J. Sweeney, Esq.
Trial Counsel for Defendant
25 Greenwood Road
Yonkers, New York 10701
I'fe(aM. Schultz
Sworn to before me this
19d'
19 day of December, 2017
JOHN PERRY BONANNO
Notary Public State of New York
ARY P C 02BO6184166
Oualified inNew York County
Commission Expires March 24, 20
8
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INDEX NO.: 150893/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
DORIS KAUFMAN,
Plaintiff
- against -
2451 BROADWAY MARKET, INC., YUCCA HOLDING CORP. and NEW HORIZON
MANAGEMENT CORP.,
Defendants
VERIFIED ANSWER TO AMENDED COMPLAINT
WEINER, MILLO, MORGAN 85 BONANNO, LLC
ATTORNEYS AT LAW
Attorneys for YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP.
220 FIFTH AVENUE •1OTH FLOOR
NEW YORK, NEW YORK 10001-7708
TELEPHONE (212) 213-1220
FACSIMILE (212) 889-5228
Pursuant to 22 NYCRR 130-1.1.a, the undersigned, an attorney admitted to practice in the courtsof New York State,
certifiesthat,upon information and belief and reasonable injury, (1) the contentions contained in the annexed
document are not frivolous and that (2) ifthe annexed document is an initiatingpleading, (i)the matter was not
obtained through illegal
conduct, or that ifitwas, theattorney or other persons responsible for the illegal
conduct are
not participating in the matter or sharing in any fee earned therefrom and that(ii)ifthe matter involvespotential
claimsfor personal injuryor wrongful death, the matter was not obtained in violation
of22 NYCRR 1200.4-a.
Dated: December 15, 2017
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Preview
FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X DORIS KAUFMAN, : INDEX NO.: 150893/2014 Plaintiff, : -against- : VERIFIED ANSWER TO AMENDED COMPLAINT 2451 BROADWAY MARKET, INC., YUCCA HOLDING: CORP. and NEW HORIZON MANAGEMENT CORP., : Defendants. ------------------------------------------------------------------------X The defendants, YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP., by and through its attorneys, Weiner, Millo, Morgan & Bonanno, LLC, answer the Amended Complaint of plaintiff as follows: 1. Deny knowledge or information sufficient to form a belief as to the truth of the "1" "4" "5" "6" "7" "8" "9" "1Q" "17" allegations contained in paragraphs numbered "1", "4", "5", "6", "7", "8", "9", "10", and "24" of plaintiff's Amended Complaint and directs allquestions of law to the Court and questions of fact to the trier of fact. 2. Deny each and every allegation contained in paragraphs numbered "12", "13", "14" "15" "16" "19" "2Q" "21" "28" "14", "15", "16", "19", "20", "21", "22", and of the plaintiffs Amended Complaint and directs allquestions of law to the Court and questions of fact to the trier of fact. 3. Deny each and every allegation contained in paragraphs numbered "3", "25", "26", "27" "29" and of the plaintiff's Amended Complaint. 4. Deny each and every allegation contained in paragraph number "11", except admit that on August 12, 2013, defendant YUCCA HOLDING CORP. owned the building at 2451 Broadway, New York, New York. 1 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 5. Deny each and every allegation contained in paragraph number "18", except admit that on August 12, 2013, defendant NEW HORIZON MANAGEMENT CORP. provided managing services for premises 2451 Broadway, New York, New York. 6. Deny each and every allegation contained in paragraph number "23", except admit that on August 12, 2013, defendant NEW HORIZON MANAGEMENT CORP. provided managing services for premises 2451 Broadway, New York, New York. AS AND FOR A FIRST, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 7. That in the event the plaintiff's damages as alleged in the Complaint were caused, in whole or in part, by the comparative negligence of the plaintiff, then the amount of damages otherwise recoverable by the plaintiff should be diminished and reduced in the proportion the plaintiff is found to be comparatively negligent by the trier of fact. AS AND FOR A SECOND, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 8. That in the event any judgment or verdict is rendered in favor of plaintiff, the answering defendants are entitled pursuant to CPLR § 4545 to have such judgment or verdict reduced by the amount of any collateral payments or other payments made to the plaintiff for expenses or costs, and by the amount of all such payments the plaintiff will receive in the future. AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 9. In the event that a judgment or verdict is rendered on behalf of the plaintiff the answering defendants are entitled to a set off of the amount received by plaintiff from person(s) or entity (entities), being a party or not to the action, pursuant to General Obligations Law § 15-108. 2 2 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 10. That all the hazards and risks attendant to the circumstances set forth in the Complaint were obvious and apparent and were expressly assumed by the plaintiff. AS AND FOR A FIFTH, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 11. That if the plaintiff sustained any damages as alleged in the Complaint, such damages were the result of the culpable conduct, action or inaction, or breach of duty, of other persons or entities, being or not being parties to this action, or their servants, agents or employees, over whom the defendants exercised no control and that the answering defendants are blameless and free from any and all culpable conduct, negligent acts or breach of duty as to said plaintiff. AS AND FOR A SIXTH, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 12. That the plaintiff failed to take all reasonable measures to reduce, mitigate, and/or minimize the damages alleged. AS AND FOR A SEVENTH, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 13. That the plaintiff has failed to join allnecessary parties to this action. AS AND FOR AN EIGHTH, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 14. That the plaintiff failed to state a cause of action. AS AND FOR A NINTH, SEPARATE, AND COMPLETE AFFIRMATIVE DEFENSE 15. If the answering defendants are found to be liable, and its liability is fifty percent or less of the total liability of all persons liable; by reason thereof and Section 1601 of the CPLR, 3 3 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 defendants' the answering liability as to non-economic loss, if any, shall not exceed the defendants' answering equitable share thereof. AS AND FOR A FIRST CROSS-CLAIM AGAINST THE CO-DEFENDANT, 2451 BROADWAY MARKET, INC. 16. That ifthere is a verdict of liability as against the answering defendants by reason of the matters alleged in the plaintiff's Verified Complaint herein, which the answering defendants deny, then, in that event, such damages were caused, in whole or in part, as a result of the actions or omissions of 2451 BROADWAY MARKET, INC., consequently, the answering defendants shall be entitled to contribution from 2451 BROADWAY MARKET, INC. of an equitable share of any such adjudication of liability, on the basis of the comparative degree of culpability of 2451 BROADWAY MARKET, INC. for the plaintiff's damages. AS AND FOR A SECOND CROSS-CLAIM AGAINST THE CODEFENDANT, 2451 BROADWAY MARKET, INC. 17. That if the plaintiff is entitled to recover damages as against the answering defendants, by reason of the matters alleged in the plaintiff's Verified Complaint, or in said other action in which liabilityis denied, the answering defendants will have a claim over and against 2451 BROADWAY MARKET, INC. for full indemnity, including all attorney's fees and litigation expenses and costs, due to carelessness, recklessness and negligence of 2451 BROADWAY MARKET, INC. that was a proximate cause of plaintiff's injuries. AS AND FOR A THIRD CROSS-CLAIM AGAINST THE CODEFENDANT, 2451 BROADWAY MARKET, INC. 18. The answering defendants and 2451 BROADWAY MARKET, INC. entered into an agreement where itwas agreed that 2451 BROADWAY MARKET, INC. should hold the defendants harmless and indemnify the answering defendants from and against any and answering all claims and demands for, or in connection with any action, damage or demand whatsoever, and 4 4 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 2451 BROADWAY MARKET, INC. owes the answering defendants full indemnity as well as the cost of litigation including fees, expenses and attorney fees. AS AND FOR A FOURTH CROSS-CLAIM AGAINST THE CODEFENDANT, 2451 BROADWAY MARKET, INC. 19. The answering defendants and 2451 BROADWAY MARKET, INC. entered into an agreement whereby 2451 BROADWAY MARKET, INC. agreed to procure an insurance policy naming the answering defendants as named insured on such insurance policy. 2451 BROADWAY MARKET, INC. breached such agreement and failed to name answering defendant on such policy, and 2451 BROADWAY MARKET, INC. is obligated to pay alldamages sustained by such breach of the agreement pursuant to Kinney v. Lisk. WHEREFORE, the answering defendants, YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP., demands judgment dismissing the Complaint herein as to said and further demands judgment with regard to defendant cross- answering defendant; answering claims; together with attorney's fees, the costs and disbursements of this action, and such other and further relief as to the Court shall seem just, proper and equitable. Dated: New York, New York December 15, 2017 Yours etc., ni John P. B o, Esq. WEINE , LO, M AN & BONANNO, LLC Attorn s r Defend s YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP. 220 Fifth Avenue, 10th Floor New York, New York 10001 (212) 213-1220 WMMB File No.: 428-234 5 5 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 TO: Christopher Joslin, Esq. David Horowitz, P.C. Attorneys for Plaintiff 171 Madison Avenue - Suite 1300 New York, New York 10016 (212) 684-3630 Weisberg & Weisberg Attorneys for Defendant 2451 BROADWAY MARKET, INC. 2463 Broadway New York, New York 10025 (212) 787-7760 Michael J. Sweeney, Esq. Trial Counsel for Defendant 2451 BROADWAY MARKET, INC. 25 Greenwood Road Yonkers, New York 10701 (914) 968-7033 6 6 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Sonia Jaye, being duly sworn, deposes and says: I am the president of the defendant, YUCCA HOLDING CORP., in the above-entitled action. I have read the annexed Verified Answer to Amended Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. By: nia ay esid nt Sworn to before ine this 18th day of December, 2017 NOTARY PUBLIC MICHAEL W. ANTONMCH Stateof New York Notary Public, No. 01AN4762190 Nassau County • Qualified in ExpiresJune 30, 20 Commission 7 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Enrico Maruffi, being duly sworn, deposes and says: I was the President of the defendant, NEW HORIZON MANAGEMENT CORP,, in the above-entitled action. I have read the annexed Verified Answer to Amended Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief,and as to those matters, I believe them to be true. Dated: New York, New York December 15, 2017 Maruff. By: Enrico Marut'f Sworn to before me this day of , 2017 U IC worAnfrospostmenenom 8 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Dena M. Schultz, being duly sworn, deposes and says: I am not a party to the within action, I am over 18 years of age, and I reside in Brooklyn, New York. On the 19th day of December, 2017, I mailed the within VERIFIED ANSWER TO AMENDED COMPLAINT, by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name: TO: David Horowitz, P.C. 171 Madison Avenue - Suite 1300 New York, New York 10016 Weisberg & Weisberg 2463 Broadway New York, New York 10025 Michael J. Sweeney, Esq. Trial Counsel for Defendant 25 Greenwood Road Yonkers, New York 10701 I'fe(aM. Schultz Sworn to before me this 19d' 19 day of December, 2017 JOHN PERRY BONANNO Notary Public State of New York ARY P C 02BO6184166 Oualified inNew York County Commission Expires March 24, 20 8 9 of 10 FILED: NEW YORK COUNTY CLERK 12/19/2017 03:25 PM INDEX NO. 150893/2014 NYSCEF DOC. NO. 76 RECEIVED NYSCEF: 12/19/2017 INDEX NO.: 150893/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DORIS KAUFMAN, Plaintiff - against - 2451 BROADWAY MARKET, INC., YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP., Defendants VERIFIED ANSWER TO AMENDED COMPLAINT WEINER, MILLO, MORGAN 85 BONANNO, LLC ATTORNEYS AT LAW Attorneys for YUCCA HOLDING CORP. and NEW HORIZON MANAGEMENT CORP. 220 FIFTH AVENUE •1OTH FLOOR NEW YORK, NEW YORK 10001-7708 TELEPHONE (212) 213-1220 FACSIMILE (212) 889-5228 Pursuant to 22 NYCRR 130-1.1.a, the undersigned, an attorney admitted to practice in the courtsof New York State, certifiesthat,upon information and belief and reasonable injury, (1) the contentions contained in the annexed document are not frivolous and that (2) ifthe annexed document is an initiatingpleading, (i)the matter was not obtained through illegal conduct, or that ifitwas, theattorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that(ii)ifthe matter involvespotential claimsfor personal injuryor wrongful death, the matter was not obtained in violation of22 NYCRR 1200.4-a. Dated: December 15, 2017 10 of 10