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FILED: KINGS COUNTY CLERK 10/15/2014 01:32 PM INDEX NO. 508343/2013
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/15/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
)
ANA PADILLA, MIGUEL MARTEL, )
HUMBERTO CALERO and MADELINE ) Index No. 508343/2013
PADILLA, )
Plaintiffs, )
)
against )
) VERIFIED THIRD-PARTY
L. RISO & SONS CO., INC., ) ANSW ER
)
Defendant. )
)
)
L. RISO & SONS CO. INC., )
)
Third-Party Plaintiff, )
)
against )
)
T&D ASSOCIATES AND MARINE )
BULKHEADING, )
)
Third-Party Defendants. )
)
C O U N S E L O R S:
Third-Party Defendant MARINE BULKHEADING, INC., hereby appearing
by and through its attorneys, as and for an answer to the Second Third-Party
Complaint, allege as follows:
1. Third-Party Defendant admits the allegations contained in ¶¶ 3 and 5.
2. Third-Party Defendant denies the allegations contained in ¶¶ 10, 12,
15-18, and 20-23.
3. Third-Party Defendant lacks knowledge sufficient to form a belief as to
the allegations contained in ¶¶ 1, 2, 4, 6-8, and 14.
Second Third-Party Answer
AS AND FOR A FIRST AFFIRM ATIVE DEFENSE
4. Third-Party Defendant repeats, reiterates, and realleges all of the
admissions and denials contained in ¶¶ 1-3 herein.
5. The statute of limitations has expired.
AS AND FOR A SECOND AFFIRM ATIVE DEFENSE
6. Third-Party Defendant repeats, reiterates, and realleges all of the
admissions and denials contained in ¶¶ 1-5 herein.
7. The Second Third-Party Plaintiff is liable for contributory negligence.
AS AND FOR A THIRD AFFIRM ATIVE DEFENSE
8. Third-Party Defendant repeats, reiterates, and realleges all of the
admissions and denials contained in ¶¶ 1-7 herein.
9. Third-Party Plaintiff waived any liability on the part of Third-Party
Defendant.
AS AND FOR A FOURTH AFFIRM ATIVE DEFENSE
10. Third-Party Defendant repeats, reiterates, and realleges all of the
admissions and denials contained in ¶¶ 1-9 herein.
11. The Third-Party Plaintiff or its agents’ and/or employees’ own conduct
were responsible for the liability alleged.
Second Third-Party Answer
W HEREFORE, Third-Party Defendant demands judgment
(a) Dismissing the Complaint herein in its entirety with prejudice against the
Plaintiff, along with costs and disbursements;
(b) For such other and further relief as this Court deems just, proper, and
equitable.
Dated: Brooklyn, New York
October 15, 2014
Yours, etc.
/s/
_________________________________
BERNARD MITCHELL ALTER
ALTER & BARBARO, ESQS.
Attorneys for Third-Party Defendant
MARINE BULKHEADING, INC.
26 Court Street, Room 1812
Brooklyn, New York 11242
Tele: (718) 237-0880
To: Louis F. Eckert
LITCHFIELD CAVO LLP
Attorneys for Defendant/Third Party Plaintiff
L. RISO & SONS CO., INC.
420 Lexington Avenue, Suite 2104
New York, New York 10170
SOLOMON ROSENGARTEN
Attorneys for Plaintiffs
1704 Avenue M
Brooklyn, New York 11230
T&D ASSOCIATES
Third Party Defendant
4 Pettit Place
Island Park, New York 11558
Second Third-Party Answer
VERIFICATION
STATE OF NEW YORK )
: ss.:
COUNTY OF KINGS )
BERNARD M. ALTER, being an attorney duly admitted to practice law in
and before the courts of the State of New York, hereby affirms the following
under the penalty of perjury:
I am a Member of the firm of ALTER and BARBARO, ESQS., the
attorneys for the Plaintiff in this action, and my office is located at 26 Court
Street, #1812, Brooklyn, New York 11242, which is within the county of Kings.
This verification is made by me because MARINE BULKHEADING, INC., my
client, is not within the county where I have my office.
I have read the foregoing THIRD-PARTY ANSWER and know its contents.
The THIRD-PARTY ANSWER is true to my own knowledge except as to those
matters alleged on information and belief, and as to those matters, I believe
them to be true.
The sources of my information and the grounds of my belief as to all
matters not stated to be made upon my own knowledge are as follows: Books,
Records and Conversations with client and associates.
Dated: Brooklyn, New York
October 15, 2014
/s/
____________________________________
BERNARD M. ALTER
Second Third-Party Answer
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FILED: KINGS COUNTY CLERK 10/15/2014 01:32 PM INDEX NO. 508343/2013 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 10/15/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ) ANA PADILLA, MIGUEL MARTEL, ) HUMBERTO CALERO and MADELINE ) Index No. 508343/2013 PADILLA, ) Plaintiffs, ) ) against ) ) VERIFIED THIRD-PARTY L. RISO & SONS CO., INC., ) ANSW ER ) Defendant. ) ) ) L. RISO & SONS CO. INC., ) ) Third-Party Plaintiff, ) ) against ) ) T&D ASSOCIATES AND MARINE ) BULKHEADING, ) ) Third-Party Defendants. ) ) C O U N S E L O R S: Third-Party Defendant MARINE BULKHEADING, INC., hereby appearing by and through its attorneys, as and for an answer to the Second Third-Party Complaint, allege as follows: 1. Third-Party Defendant admits the allegations contained in ¶¶ 3 and 5. 2. Third-Party Defendant denies the allegations contained in ¶¶ 10, 12, 15-18, and 20-23. 3. Third-Party Defendant lacks knowledge sufficient to form a belief as to the allegations contained in ¶¶ 1, 2, 4, 6-8, and 14. Second Third-Party Answer AS AND FOR A FIRST AFFIRM ATIVE DEFENSE 4. Third-Party Defendant repeats, reiterates, and realleges all of the admissions and denials contained in ¶¶ 1-3 herein. 5. The statute of limitations has expired. AS AND FOR A SECOND AFFIRM ATIVE DEFENSE 6. Third-Party Defendant repeats, reiterates, and realleges all of the admissions and denials contained in ¶¶ 1-5 herein. 7. The Second Third-Party Plaintiff is liable for contributory negligence. AS AND FOR A THIRD AFFIRM ATIVE DEFENSE 8. Third-Party Defendant repeats, reiterates, and realleges all of the admissions and denials contained in ¶¶ 1-7 herein. 9. Third-Party Plaintiff waived any liability on the part of Third-Party Defendant. AS AND FOR A FOURTH AFFIRM ATIVE DEFENSE 10. Third-Party Defendant repeats, reiterates, and realleges all of the admissions and denials contained in ¶¶ 1-9 herein. 11. The Third-Party Plaintiff or its agents’ and/or employees’ own conduct were responsible for the liability alleged. Second Third-Party Answer W HEREFORE, Third-Party Defendant demands judgment (a) Dismissing the Complaint herein in its entirety with prejudice against the Plaintiff, along with costs and disbursements; (b) For such other and further relief as this Court deems just, proper, and equitable. Dated: Brooklyn, New York October 15, 2014 Yours, etc. /s/ _________________________________ BERNARD MITCHELL ALTER ALTER & BARBARO, ESQS. Attorneys for Third-Party Defendant MARINE BULKHEADING, INC. 26 Court Street, Room 1812 Brooklyn, New York 11242 Tele: (718) 237-0880 To: Louis F. Eckert LITCHFIELD CAVO LLP Attorneys for Defendant/Third Party Plaintiff L. RISO & SONS CO., INC. 420 Lexington Avenue, Suite 2104 New York, New York 10170 SOLOMON ROSENGARTEN Attorneys for Plaintiffs 1704 Avenue M Brooklyn, New York 11230 T&D ASSOCIATES Third Party Defendant 4 Pettit Place Island Park, New York 11558 Second Third-Party Answer VERIFICATION STATE OF NEW YORK ) : ss.: COUNTY OF KINGS ) BERNARD M. ALTER, being an attorney duly admitted to practice law in and before the courts of the State of New York, hereby affirms the following under the penalty of perjury: I am a Member of the firm of ALTER and BARBARO, ESQS., the attorneys for the Plaintiff in this action, and my office is located at 26 Court Street, #1812, Brooklyn, New York 11242, which is within the county of Kings. This verification is made by me because MARINE BULKHEADING, INC., my client, is not within the county where I have my office. I have read the foregoing THIRD-PARTY ANSWER and know its contents. The THIRD-PARTY ANSWER is true to my own knowledge except as to those matters alleged on information and belief, and as to those matters, I believe them to be true. The sources of my information and the grounds of my belief as to all matters not stated to be made upon my own knowledge are as follows: Books, Records and Conversations with client and associates. Dated: Brooklyn, New York October 15, 2014 /s/ ____________________________________ BERNARD M. ALTER Second Third-Party Answer