Preview
FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CAROLYN DISBROW, VERIFIED
ANSWER WITH
Plaintiff, CROSS-CLAIMS
Index No.: 651602/2020
-against-
THE NORMANDIE CONDOMINIUM, THE
BOARD OF MANAGERS OF THE NORMANDIE
CONDOMINIUM, METRO MANAGEMENT &
DEVELOPMENT, INC., GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND
KERI STRONG,
Defendants.
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The Defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF
MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT
& DEVELOPMENT, INC., by their attorneys, FIXLER & LAGATTUTA, LLP, answering the
verified complaint of the Plaintiff herein, respectfully alleges upon information and belief:
NATURE OF THE ACTION
1. Deny each and every allegation contained in the paragraph of Plaintiff’s complaint
designated as follows:
“1”, “2” and “3”.
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PARTIES
2. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“4”, “8”, “9”, “10” and “11”.
3. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“5”, “6” and “7”
and respectfully refers all questions of law raised therein to the trier of law and all questions of
fact to the trier of fact.
JURISDICTION AND VENUE
4. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“12” and “13”.
and respectfully refers all questions of law raised therein to the trier of law and all questions of
fact to the trier of fact.
FACTUAL ALLEGATIONS
5. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “38”, “41”, “42”,
“45”, “46”, “50”, “55”, “56” and “57”.
6. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“15”, “16”, “17”, “18”, “19”, “20”, “21”, “22” and “53”
and respectfully refers all questions of law raised therein to the trier of law and all questions of
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fact to the trier of fact.
7. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint
designated as follows:
“14”, “23”, “32”, “36”, “37”, “39”, “40”, “43”, “44”, “45”, “47”, “48”, “49”, “51”, “52”,
“54” and “58”.
FIRST CAUSE OF ACTION
(Breach of Contract Against Normandie)
8. In response to paragraph “59” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “58” as though more
fully set forth herein.
9. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“60”
and respectfully refers all questions of law raised therein to the trier of law and all questions of
fact to the trier of fact.
10. Deny each and every allegation contained in the paragraphs of Plaintiff’s
complaint designated as follows:
“61”, “62”, “63”, “64” and “65”.
SECOND CAUSE OF ACTION
(Negligence Against Normandie and the Board)
11. In response to paragraph “66” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “65” as though more
fully set forth herein.
12. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“67”
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and respectfully refers all questions of law raised therein to the trier of law and all questions of
fact to the trier of fact.
13. Deny each and every allegation contained in the paragraphs of Plaintiff’s
complaint designated as follows:
“68”, “69”, “70” and “71”.
THIRD CAUSE OF ACTION
(Breach of Fiduciary Duty Against the Board)
14. In response to paragraph “72” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “71” as though more
fully set forth herein.
15. Deny each and every allegation contained in the paragraphs of Plaintiff’s
complaint designated as follows:
“73”, “74” and “75”.
FOURTH CAUSE OF ACTION
(Negligence Against Metro)
16. In response to paragraph “76” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “75” as though more
fully set forth herein.
17. Deny each and every allegation contained in the paragraphs of Plaintiff’s
complaint designated as follows:
“77”, “78”, “79”, “80” and “81”.
FIFTH CAUSE OF ACTION
(Negligence Against The GS Entities)
18. In response to paragraph “82” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “81” as though more
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fully set forth herein.
19. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“83”, “84”, “85”, “86”, “87”, “88” and “89”.
SIXTH CAUSE OF ACTION
(Negligence Against Jacobi)
20. In response to paragraph “90” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “89” as though more
fully set forth herein.
21. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“91”, “92”, “93”, “94”, “95” and “96”.
SEVENTH CAUSE OF ACTION
(Breach of Contract Against the Strongs)
22. In response to paragraph “97” of Plaintiff’s verified complaint, Defendant repeat,
reiterate and reallege each and every response to paragraphs “1” through “96” as though more
fully set forth herein.
23. Deny knowledge or information sufficient to form a belief as to the truth of each
and every allegation contained in the paragraphs of the verified complaint designated as follows:
“98”, “99”, “100”, “101”, “102”, “104” and “105”.
AS AND FOR A FIRST SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
24. That any damages, injury and/or injuries sustained by Plaintiff were caused in
whole or part by the culpable conduct and fault attributable to the Plaintiff, including, but not
limited to, contributory negligence and/or want of care, and/or the Plaintiff’s assumption of the
risk, and the amount recovered, if any, should be diminished pursuant to CPLR §1412 by the
proportion which the culpable conduct attributed to the Plaintiff bear to the culpable conduct
which caused the damages, if any.
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AS AND FOR A SECOND SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
25. If Plaintiff suffered damages as alleged, then plaintiff failed to mitigate such
damages.
26. Any award made to plaintiff for the alleged injuries must be reduced in such
proportion that the alleged injuries were caused, aggravated and contributed to by Plaintiff’s
failure to mitigate damages.
27. That the damages claimed to have been suffered, either in whole or in part, are
greater than any damages that may have been actually suffered, and that plaintiff failed to
mitigate the same.
AS AND FOR A THIRD SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
28. If Plaintiff received remuneration and/or compensation for some or all of their
claimed economic loss, the answering defendant are entitled to have Plaintiff’s award, if any,
reduced by the amount of that remuneration and/or compensation pursuant to CPLR §4545.
AS AND FOR A FOURTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
29. If Plaintiff was caused to sustain damages at the time and place set forth in the
Plaintiff’s verified complaint, it was due to the culpable conduct of person or persons presently
unknown.
AS AND FOR A FIFTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
30. The liability of the answering defendant is limited by law under the terms of Article
Sixteen of the CPLR.
AS AND FOR A SIXTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
31. That any and all risks, hazards and dangers were open, obvious and apparent,
natural and inherent and known or should have been known by the Plaintiff herein and that
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Plaintiff assumed all such risks, hazards and defects.
AS AND FOR A SEVENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
32. That if the Plaintiff’s sustained the injuries complained of in the manner alleged,
said injuries were caused by the negligence of parties over whom the answering defendant were
not obligated to exercise supervision or control.
AS AND FOR AN EIGHTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
33. Any award recovered by Plaintiff from the answering defendant is subject to offset
pursuant to General Obligations Law §15-108.
AS AND FOR A NINTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
34. No acts or omissions of defendant proximately caused any injuries and/or
damages sustained by Plaintiff.
AS AND FOR A TENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
35. Plaintiff does not have standing to bring this action as they have either waived
their right to bring this action, assigned their right to bring this accident and/or are collaterally
estopped from bringing this action.
AS AND FOR A ELEVENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
36. That Plaintiff is not entitled to recover for their own negligent and/improper
conduct and actions.
AS AND FOR A TWELFTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
37. The complaint fails to state a cause of action upon which relief can be founded.
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AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
38. Plaintiff’s action is barred by the doctrines of waiver, release, estoppel, laches
and/or ratification. Plaintiff’s Complaint is barred by the Doctrine of Legal Estoppel and/or by
the Doctrine of Equitable Estoppel. The Plaintiff’s claims forming the basis of the Verified
Complaint were previously litigated and a judgment was issued dismissing Plaintiff’s claims.
Thus, all claims asserted in the Verified Complaint are barred.
AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
39. That any award recovered by Plaintiff must be reduced by the receipt of collateral
source payments.
AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
40. Plaintiff have failed to join a necessary party to the instant action.
AS AND FOR A SIXTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
41. Defendants are immune from liability based on the business judgment rule and all
actions taken were in good-faith.
AS AND FOR A SEVENTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
42. Plaintiff’s complaint and underlying causes of action are limited by contract.
AS AND FOR AN EIGHTEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
43. The answering defendant are immune from liability based upon the acts of an
independent contractor.
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AS AND FOR A NINETEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
44. That the cause of action alleged against answering defendant is barred by reason of
the terms of the lease, including, but not limited to, waiver of subrogation and/or anti-
subrogation.
AS AND FOR A NINETEENTH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
45. That at all times mentioned herein, Plaintiff’s apartment was fit for human
habitation, provided essential functions of a residence and the occupants were not subjected to
hazardous conditions. At all times alleged herein Plaintiff were provided with, at the very least,
a minimum standard for essential functions and Plaintiff’s apartment was never rendered
uninhabitable.
AS AND FOR A TWENTIETH SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
46. The allegations in the complaint are not actionable as defendant are protected from
any liability to Plaintiff pursuant to the business judgment rule and any acts were in good faith
and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate
purposes.
AS AND FOR A TWENTY-FIRST SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
47. That at all times mentioned herein, Plaintiff failed to give defendant notice of the
failed condition and reasonable opportunity to correct the condition.
AS AND FOR A TWENTY-SECOND SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
48. Plaintiff were fully compensated for all damages alleged herein by the own
insurance carrier when they filed a claim for damages prior to the commencement of this action
and have assigned any rights of recovery for the damages alleged herein to a third-party.
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AS AND FOR A TWENTY-THIRD SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE:
49. The answering defendant will rely upon any and all further defenses which become
available or appear during discovery in this action and hereby specifically reserves its right to
amend its answer for the purpose of asserting any such additional defenses.
AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS, GLOBAL
SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE
REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, THE
DEFENDANTS, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS
OF THE NORMANDIE CONDOMINIUM AND METRO MANAGEMENT &
DEVELOPMENT, INC., ALLEGES:
50. That if the plaintiff was caused to sustain damages at the time and place set forth in
the plaintiff’s complaint through any carelessness, recklessness, negligence and/or breach of
warranty other than the plaintiff’s own carelessness, recklessness and negligence, said damages
were sustained by reason of the carelessness, recklessness and negligence and/or acts of omission
or commission and/or breach of contract by the defendants, GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, its agents, servants and/or
employees; and if any judgment is recovered herein by the plaintiff against the answering
defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF
THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT DEVELOPMENT,
INC. they will be damaged thereby, and the defendants, GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG will be responsible therefor
in whole or in part.
51. That by reason of the foregoing, the defendants, GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, in the event and in the full
amount of a recovery herein by the plaintiff or alternatively, for that proportion thereof cause by
the relative responsibility of the defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR
INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI,
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BRIAN STRONG, AND KERI STRONG are bound to pay any and all expenses and
attorneys’ fees and the costs and disbursements thereof.
AS AND FOR A SECOND CROSS-CLAIM AGAINST THE DEFENDANTS, GLOBAL
SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE
REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, THE
DEFENDANTS, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS
OF THE NORMANDIE CONDOMINIUM AND METRO MANAGEMENT &
DEVELOPMENT, INC., ALLEGES:
52. That if the plaintiff was caused to sustain damages at the time and place set forth in
the plaintiff’s complaint and in the manner alleged therein through any carelessness,
recklessness, acts, omissions, negligence and/or breach of duty, warranty and/or contract and/or
strict tort liability other than of the plaintiff, then said injuries and damages arose out of the
several and joint carelessness, recklessness, acts, omissions, negligence and/or breaches of duty
and/or obligations, and/or statute and/or contract in fact or implied in law, upon the part of the
codefendants, with indemnification and save harmless agreement, and/or responsibility by them
in fact, and/or implied in law, and without any breaches or any negligence of this pleading
defendant contributing thereto, and if this pleading defendant is found negligent as to the
plaintiff for injuries and damages as set forth in the plaintiff’s Complaint, then and in that event,
the relative responsibilities of all said defendants must be apportioned by separate determination,
and the said defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG,
AND KERI STRONG herein will be liable over jointly and severally to the pleading defendant
and bound to fully indemnify and hold this pleading defendants harmless for the full amount of
any verdict or judgment that the plaintiff herein may recover against the pleading defendant in
this action, together with legal fees, costs and disbursements.
WHEREFORE, Defendants, THE NORMANDIE CONDOMINIUM, THE BOARD
OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO
MANAGEMENT & DEVELOPMENT, INC., demands judgment against the Plaintiff as
follows:
1) dismissing Plaintiff’s complaint with prejudice, together with the costs and
disbursements of this action;
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2) in the alternative, and in the event that Plaintiff prevail, the Defendants, THE
NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE
NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT,
INC., demands judgment determining the respective percentages of fault on the part of the
defendant and Plaintiff, thereby reducing the amount of damages as against this defendant by the
respective percentage of fault of the Plaintiff and defendant; and
3) award defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF
MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT
& DEVELOPMENT, INC., its costs, disbursements and attorneys’ fees; and
4) for such other and further relief as the Court deems just, proper and necessary.
Dated: New York, New York
May 14, 2020
By:
PAUL F. LAGATTUTA III
FIXLER & LAGATTUTA, LLP
Attorneys for Defendants
THE NORMANDIE CONDOMINIUM,
THE BOARD OF MANAGERS OF THE
NORMANDIE CONDOMINIUM and
METRO MANAGEMENT &
DEVELOPMENT, INC.
120 Broadway – Suite 1350
New York, New York 10271
(212) 785-9800
File No. 2760.197
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TO: HERRICK, FEINSTEIN LLP
Attorneys for Plaintiff
CAROLYN DISBROW
2 Park Avenue
New York, New York 10016
212-592-1400
LOUIS FOGEL & ASSOCIATES
Attorney for Defendant
HADAS A. JACOBI
5 Nottingham Road
Annandale, New Jersey 08801
(908) 730-7692
GLOBAL SOLUTIONS APPLIANCE
REPAIR INC.
102-02 Queens Boulevard, Apt 6C
Forest Hills, New York 11375
GLOBAL SOLUTIONS APPLIANCE
REPAIR NYC LLC
109-05 72nd Avenue
Forest Hills, 11375
BRIAN STRONG
100 West 119th Street, Apt 6B
New York, New York 10026
KERI STRONG
100 West 119th Street, Apt 6B
New York, New York 10026
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Attorney Verification
The undersigned, under the penalties of perjury, affirms:
That he is Paul F. LaGattuta III a member of the firm of FIXLER & LAGATTUTA, LLP,
that he has read the foregoing papers and the same are true to his knowledge, except those
matters therein which are stated to be alleged on information and belief, and as to those matters,
he believes them to be true; that the grounds and sources of such belief are matters contained in
this firm’s file, as well as conferences had between this affirmant and representatives of the
within answering defendant; and that the reason this affirmation is not made by the party(ies) is
that said parties reside in a different county than that which affirmant’s office is presently located
based on the circumstances of COVID-19, the “Pause” and Executive Orders issued by the
Governor of the State of New York.
Dated: New York, New York
April 21, 2020
Paul F. LaGattuta III
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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CAROLYN DISBROW,
NOTICE PURSUANT
Plaintiff, TO §3017(C)
Index No.: 651602/2020
-against-
THE NORMANDIE CONDOMINIUM, THE
BOARD OF MANAGERS OF THE NORMANDIE
CONDOMINIUM, METRO MANAGEMENT &
DEVELOPMENT, INC., GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND
KERI STRONG,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR 3017(c), you are hereby required to
furnish to the undersigned, within fifteen (15) days from the date hereof, setting forth the total
damages to which Plaintiff deems herself entitled.
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PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing
demand and you are required to inform the undersigned in writing of any changes made on
behalf of Plaintiff.
Dated: New York, New York
May 14, 2020
By:
PAUL F. LAGATTUTA III
FIXLER & LAGATTUTA, LLP
Attorneys for Defendants
THE NORMANDIE CONDOMINIUM,
THE BOARD OF MANAGERS OF THE
NORMANDIE CONDOMINIUM and
METRO MANAGEMENT &
DEVELOPMENT, INC.
120 Broadway – Suite 1350
New York, New York 10271
(212) 785-9800
File No. 2760.197
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TO: HERRICK, FEINSTEIN LLP
Attorneys for Plaintiff
CAROLYN DISBROW
2 Park Avenue
New York, New York 10016
212-592-1400
LOUIS FOGEL & ASSOCIATES
Attorney for Defendant
HADAS A. JACOBI
5 Nottingham Road
Annandale, New Jersey 08801
(908) 730-7692
GLOBAL SOLUTIONS APPLIANCE
REPAIR INC.
102-02 Queens Boulevard, Apt 6C
Forest Hills, New York 11375
GLOBAL SOLUTIONS APPLIANCE
REPAIR NYC LLC
109-05 72nd Avenue
Forest Hills, 11375
BRIAN STRONG
100 West 119th Street, Apt 6B
New York, New York 10026
KERI STRONG
100 West 119th Street, Apt 6B
New York, New York 10026
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ATTORNEY AFFIRMATION OF SERVICE
STATE OF NEW YORK:
ss.:
COUNTY OF NEW YORK:
PAUL F. LAGATTUTA III, an attorney duly admitted to practice law in the State of
New York affirms the truth of the following under penalty of perjury:
I am not a party to the action, am over the age of eighteen (18) years and maintain an
office in New York, New York. On May 14, 2020, I served the within
VERIFIED ANSWER WITH CROSS-CLAIMS AND NOTICE PURSUANT TO CPLR
§3017(C)
by filing each document electronically to each of the following persons at the last known address
set forth after each name:
HERRICK, FEINSTEIN LLP LOUIS FOGEL & ASSOCIATES
2 Park Avenue 5 Nottingham Road
New York, New York 10016 Annandale, New Jersey 08801
GLOBAL SOLUTIONS APPLIANCE GLOBAL SOLUTIONS APPLIANCE
REPAIR INC. REPAIR NYC LLC
102-02 Queens Boulevard, Apt 6C 109-05 72nd Avenue
Forest Hills, New York 11375 Forest Hills, 11375
BRIAN STRONG KERI STRONG
100 West 119th Street, Apt 6B 100 West 119th Street, Apt 6B
New York, New York 10026 New York, New York 10026
Dated: New York, New York
May 14, 2020
____________________________
PAUL F. LAGATTUTA III
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Index No. 651602 Year 2020 RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________________________________________________________________________________________________________________________
CAROLYN DISBROW,
Plaintiff,
-against-
THE NORMANDIE CONDOMINIUM, THE
BOARD OF MANAGERS OF THE NORMANDIE
CONDOMINIUM, METRO MANAGEMENT &
DEVELOPMENT, INC., GLOBAL SOLUTIONS
APPLIANCE REPAIR INC., GLOBAL
SOLUTIONS APPLIANCE REPAIR NYC LLC,
HADAS A. JACOBI, BRIAN STRONG, AND
KERI STRONG,
Defendants.
_____________________________________________________________________________________________________________________________________________________________
VERIFIED ANSWER WITH CROSS-CLAIMS AND NOTICE PURSUANT TO CPLR §3017(C)
_____________________________________________________________________________________________________________________________________________________________
FIXLER & LAGATTUTA, LLP
Attorneys for Defendants
THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and
METRO MANAGEMENT & DEVELOPMENT, INC.
Office and Post Office Address, Telephone
120 Broadway – Suite 1350
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FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------------x CAROLYN DISBROW, VERIFIED ANSWER WITH Plaintiff, CROSS-CLAIMS Index No.: 651602/2020 -against- THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM, METRO MANAGEMENT & DEVELOPMENT, INC., GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, Defendants. ------------------------------------------------------------------------------x The Defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC., by their attorneys, FIXLER & LAGATTUTA, LLP, answering the verified complaint of the Plaintiff herein, respectfully alleges upon information and belief: NATURE OF THE ACTION 1. Deny each and every allegation contained in the paragraph of Plaintiff’s complaint designated as follows: “1”, “2” and “3”. 1 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 PARTIES 2. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “4”, “8”, “9”, “10” and “11”. 3. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “5”, “6” and “7” and respectfully refers all questions of law raised therein to the trier of law and all questions of fact to the trier of fact. JURISDICTION AND VENUE 4. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “12” and “13”. and respectfully refers all questions of law raised therein to the trier of law and all questions of fact to the trier of fact. FACTUAL ALLEGATIONS 5. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “38”, “41”, “42”, “45”, “46”, “50”, “55”, “56” and “57”. 6. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “15”, “16”, “17”, “18”, “19”, “20”, “21”, “22” and “53” and respectfully refers all questions of law raised therein to the trier of law and all questions of 2 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 fact to the trier of fact. 7. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint designated as follows: “14”, “23”, “32”, “36”, “37”, “39”, “40”, “43”, “44”, “45”, “47”, “48”, “49”, “51”, “52”, “54” and “58”. FIRST CAUSE OF ACTION (Breach of Contract Against Normandie) 8. In response to paragraph “59” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “58” as though more fully set forth herein. 9. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “60” and respectfully refers all questions of law raised therein to the trier of law and all questions of fact to the trier of fact. 10. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint designated as follows: “61”, “62”, “63”, “64” and “65”. SECOND CAUSE OF ACTION (Negligence Against Normandie and the Board) 11. In response to paragraph “66” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “65” as though more fully set forth herein. 12. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “67” 3 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 and respectfully refers all questions of law raised therein to the trier of law and all questions of fact to the trier of fact. 13. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint designated as follows: “68”, “69”, “70” and “71”. THIRD CAUSE OF ACTION (Breach of Fiduciary Duty Against the Board) 14. In response to paragraph “72” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “71” as though more fully set forth herein. 15. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint designated as follows: “73”, “74” and “75”. FOURTH CAUSE OF ACTION (Negligence Against Metro) 16. In response to paragraph “76” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “75” as though more fully set forth herein. 17. Deny each and every allegation contained in the paragraphs of Plaintiff’s complaint designated as follows: “77”, “78”, “79”, “80” and “81”. FIFTH CAUSE OF ACTION (Negligence Against The GS Entities) 18. In response to paragraph “82” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “81” as though more 4 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 fully set forth herein. 19. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “83”, “84”, “85”, “86”, “87”, “88” and “89”. SIXTH CAUSE OF ACTION (Negligence Against Jacobi) 20. In response to paragraph “90” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “89” as though more fully set forth herein. 21. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “91”, “92”, “93”, “94”, “95” and “96”. SEVENTH CAUSE OF ACTION (Breach of Contract Against the Strongs) 22. In response to paragraph “97” of Plaintiff’s verified complaint, Defendant repeat, reiterate and reallege each and every response to paragraphs “1” through “96” as though more fully set forth herein. 23. Deny knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in the paragraphs of the verified complaint designated as follows: “98”, “99”, “100”, “101”, “102”, “104” and “105”. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 24. That any damages, injury and/or injuries sustained by Plaintiff were caused in whole or part by the culpable conduct and fault attributable to the Plaintiff, including, but not limited to, contributory negligence and/or want of care, and/or the Plaintiff’s assumption of the risk, and the amount recovered, if any, should be diminished pursuant to CPLR §1412 by the proportion which the culpable conduct attributed to the Plaintiff bear to the culpable conduct which caused the damages, if any. 5 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 25. If Plaintiff suffered damages as alleged, then plaintiff failed to mitigate such damages. 26. Any award made to plaintiff for the alleged injuries must be reduced in such proportion that the alleged injuries were caused, aggravated and contributed to by Plaintiff’s failure to mitigate damages. 27. That the damages claimed to have been suffered, either in whole or in part, are greater than any damages that may have been actually suffered, and that plaintiff failed to mitigate the same. AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 28. If Plaintiff received remuneration and/or compensation for some or all of their claimed economic loss, the answering defendant are entitled to have Plaintiff’s award, if any, reduced by the amount of that remuneration and/or compensation pursuant to CPLR §4545. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 29. If Plaintiff was caused to sustain damages at the time and place set forth in the Plaintiff’s verified complaint, it was due to the culpable conduct of person or persons presently unknown. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 30. The liability of the answering defendant is limited by law under the terms of Article Sixteen of the CPLR. AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 31. That any and all risks, hazards and dangers were open, obvious and apparent, natural and inherent and known or should have been known by the Plaintiff herein and that 6 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 Plaintiff assumed all such risks, hazards and defects. AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 32. That if the Plaintiff’s sustained the injuries complained of in the manner alleged, said injuries were caused by the negligence of parties over whom the answering defendant were not obligated to exercise supervision or control. AS AND FOR AN EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 33. Any award recovered by Plaintiff from the answering defendant is subject to offset pursuant to General Obligations Law §15-108. AS AND FOR A NINTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 34. No acts or omissions of defendant proximately caused any injuries and/or damages sustained by Plaintiff. AS AND FOR A TENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 35. Plaintiff does not have standing to bring this action as they have either waived their right to bring this action, assigned their right to bring this accident and/or are collaterally estopped from bringing this action. AS AND FOR A ELEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 36. That Plaintiff is not entitled to recover for their own negligent and/improper conduct and actions. AS AND FOR A TWELFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 37. The complaint fails to state a cause of action upon which relief can be founded. 7 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 38. Plaintiff’s action is barred by the doctrines of waiver, release, estoppel, laches and/or ratification. Plaintiff’s Complaint is barred by the Doctrine of Legal Estoppel and/or by the Doctrine of Equitable Estoppel. The Plaintiff’s claims forming the basis of the Verified Complaint were previously litigated and a judgment was issued dismissing Plaintiff’s claims. Thus, all claims asserted in the Verified Complaint are barred. AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 39. That any award recovered by Plaintiff must be reduced by the receipt of collateral source payments. AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 40. Plaintiff have failed to join a necessary party to the instant action. AS AND FOR A SIXTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 41. Defendants are immune from liability based on the business judgment rule and all actions taken were in good-faith. AS AND FOR A SEVENTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 42. Plaintiff’s complaint and underlying causes of action are limited by contract. AS AND FOR AN EIGHTEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 43. The answering defendant are immune from liability based upon the acts of an independent contractor. 8 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 AS AND FOR A NINETEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 44. That the cause of action alleged against answering defendant is barred by reason of the terms of the lease, including, but not limited to, waiver of subrogation and/or anti- subrogation. AS AND FOR A NINETEENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 45. That at all times mentioned herein, Plaintiff’s apartment was fit for human habitation, provided essential functions of a residence and the occupants were not subjected to hazardous conditions. At all times alleged herein Plaintiff were provided with, at the very least, a minimum standard for essential functions and Plaintiff’s apartment was never rendered uninhabitable. AS AND FOR A TWENTIETH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 46. The allegations in the complaint are not actionable as defendant are protected from any liability to Plaintiff pursuant to the business judgment rule and any acts were in good faith and in the exercise of honest judgment in the lawful and legitimate furtherance of corporate purposes. AS AND FOR A TWENTY-FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 47. That at all times mentioned herein, Plaintiff failed to give defendant notice of the failed condition and reasonable opportunity to correct the condition. AS AND FOR A TWENTY-SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 48. Plaintiff were fully compensated for all damages alleged herein by the own insurance carrier when they filed a claim for damages prior to the commencement of this action and have assigned any rights of recovery for the damages alleged herein to a third-party. 9 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 AS AND FOR A TWENTY-THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE: 49. The answering defendant will rely upon any and all further defenses which become available or appear during discovery in this action and hereby specifically reserves its right to amend its answer for the purpose of asserting any such additional defenses. AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, THE DEFENDANTS, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM AND METRO MANAGEMENT & DEVELOPMENT, INC., ALLEGES: 50. That if the plaintiff was caused to sustain damages at the time and place set forth in the plaintiff’s complaint through any carelessness, recklessness, negligence and/or breach of warranty other than the plaintiff’s own carelessness, recklessness and negligence, said damages were sustained by reason of the carelessness, recklessness and negligence and/or acts of omission or commission and/or breach of contract by the defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, its agents, servants and/or employees; and if any judgment is recovered herein by the plaintiff against the answering defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT DEVELOPMENT, INC. they will be damaged thereby, and the defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG will be responsible therefor in whole or in part. 51. That by reason of the foregoing, the defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, in the event and in the full amount of a recovery herein by the plaintiff or alternatively, for that proportion thereof cause by the relative responsibility of the defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, 10 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 BRIAN STRONG, AND KERI STRONG are bound to pay any and all expenses and attorneys’ fees and the costs and disbursements thereof. AS AND FOR A SECOND CROSS-CLAIM AGAINST THE DEFENDANTS, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, THE DEFENDANTS, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM AND METRO MANAGEMENT & DEVELOPMENT, INC., ALLEGES: 52. That if the plaintiff was caused to sustain damages at the time and place set forth in the plaintiff’s complaint and in the manner alleged therein through any carelessness, recklessness, acts, omissions, negligence and/or breach of duty, warranty and/or contract and/or strict tort liability other than of the plaintiff, then said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or obligations, and/or statute and/or contract in fact or implied in law, upon the part of the codefendants, with indemnification and save harmless agreement, and/or responsibility by them in fact, and/or implied in law, and without any breaches or any negligence of this pleading defendant contributing thereto, and if this pleading defendant is found negligent as to the plaintiff for injuries and damages as set forth in the plaintiff’s Complaint, then and in that event, the relative responsibilities of all said defendants must be apportioned by separate determination, and the said defendants, GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG herein will be liable over jointly and severally to the pleading defendant and bound to fully indemnify and hold this pleading defendants harmless for the full amount of any verdict or judgment that the plaintiff herein may recover against the pleading defendant in this action, together with legal fees, costs and disbursements. WHEREFORE, Defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC., demands judgment against the Plaintiff as follows: 1) dismissing Plaintiff’s complaint with prejudice, together with the costs and disbursements of this action; 11 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 2) in the alternative, and in the event that Plaintiff prevail, the Defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC., demands judgment determining the respective percentages of fault on the part of the defendant and Plaintiff, thereby reducing the amount of damages as against this defendant by the respective percentage of fault of the Plaintiff and defendant; and 3) award defendants, THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC., its costs, disbursements and attorneys’ fees; and 4) for such other and further relief as the Court deems just, proper and necessary. Dated: New York, New York May 14, 2020 By: PAUL F. LAGATTUTA III FIXLER & LAGATTUTA, LLP Attorneys for Defendants THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC. 120 Broadway – Suite 1350 New York, New York 10271 (212) 785-9800 File No. 2760.197 12 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 TO: HERRICK, FEINSTEIN LLP Attorneys for Plaintiff CAROLYN DISBROW 2 Park Avenue New York, New York 10016 212-592-1400 LOUIS FOGEL & ASSOCIATES Attorney for Defendant HADAS A. JACOBI 5 Nottingham Road Annandale, New Jersey 08801 (908) 730-7692 GLOBAL SOLUTIONS APPLIANCE REPAIR INC. 102-02 Queens Boulevard, Apt 6C Forest Hills, New York 11375 GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC 109-05 72nd Avenue Forest Hills, 11375 BRIAN STRONG 100 West 119th Street, Apt 6B New York, New York 10026 KERI STRONG 100 West 119th Street, Apt 6B New York, New York 10026 13 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 Attorney Verification The undersigned, under the penalties of perjury, affirms: That he is Paul F. LaGattuta III a member of the firm of FIXLER & LAGATTUTA, LLP, that he has read the foregoing papers and the same are true to his knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, he believes them to be true; that the grounds and sources of such belief are matters contained in this firm’s file, as well as conferences had between this affirmant and representatives of the within answering defendant; and that the reason this affirmation is not made by the party(ies) is that said parties reside in a different county than that which affirmant’s office is presently located based on the circumstances of COVID-19, the “Pause” and Executive Orders issued by the Governor of the State of New York. Dated: New York, New York April 21, 2020 Paul F. LaGattuta III 14 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------------x CAROLYN DISBROW, NOTICE PURSUANT Plaintiff, TO §3017(C) Index No.: 651602/2020 -against- THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM, METRO MANAGEMENT & DEVELOPMENT, INC., GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, Defendants. ------------------------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to CPLR 3017(c), you are hereby required to furnish to the undersigned, within fifteen (15) days from the date hereof, setting forth the total damages to which Plaintiff deems herself entitled. 15 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing demand and you are required to inform the undersigned in writing of any changes made on behalf of Plaintiff. Dated: New York, New York May 14, 2020 By: PAUL F. LAGATTUTA III FIXLER & LAGATTUTA, LLP Attorneys for Defendants THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC. 120 Broadway – Suite 1350 New York, New York 10271 (212) 785-9800 File No. 2760.197 16 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 TO: HERRICK, FEINSTEIN LLP Attorneys for Plaintiff CAROLYN DISBROW 2 Park Avenue New York, New York 10016 212-592-1400 LOUIS FOGEL & ASSOCIATES Attorney for Defendant HADAS A. JACOBI 5 Nottingham Road Annandale, New Jersey 08801 (908) 730-7692 GLOBAL SOLUTIONS APPLIANCE REPAIR INC. 102-02 Queens Boulevard, Apt 6C Forest Hills, New York 11375 GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC 109-05 72nd Avenue Forest Hills, 11375 BRIAN STRONG 100 West 119th Street, Apt 6B New York, New York 10026 KERI STRONG 100 West 119th Street, Apt 6B New York, New York 10026 17 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 ATTORNEY AFFIRMATION OF SERVICE STATE OF NEW YORK: ss.: COUNTY OF NEW YORK: PAUL F. LAGATTUTA III, an attorney duly admitted to practice law in the State of New York affirms the truth of the following under penalty of perjury: I am not a party to the action, am over the age of eighteen (18) years and maintain an office in New York, New York. On May 14, 2020, I served the within VERIFIED ANSWER WITH CROSS-CLAIMS AND NOTICE PURSUANT TO CPLR §3017(C) by filing each document electronically to each of the following persons at the last known address set forth after each name: HERRICK, FEINSTEIN LLP LOUIS FOGEL & ASSOCIATES 2 Park Avenue 5 Nottingham Road New York, New York 10016 Annandale, New Jersey 08801 GLOBAL SOLUTIONS APPLIANCE GLOBAL SOLUTIONS APPLIANCE REPAIR INC. REPAIR NYC LLC 102-02 Queens Boulevard, Apt 6C 109-05 72nd Avenue Forest Hills, New York 11375 Forest Hills, 11375 BRIAN STRONG KERI STRONG 100 West 119th Street, Apt 6B 100 West 119th Street, Apt 6B New York, New York 10026 New York, New York 10026 Dated: New York, New York May 14, 2020 ____________________________ PAUL F. LAGATTUTA III 18 of 19 FILED: NEW YORK COUNTY CLERK 05/14/2020 10:59 AM INDEX NO. 651602/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2020 Index No. 651602 Year 2020 RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________________________________________________________________________________________________________________________ CAROLYN DISBROW, Plaintiff, -against- THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM, METRO MANAGEMENT & DEVELOPMENT, INC., GLOBAL SOLUTIONS APPLIANCE REPAIR INC., GLOBAL SOLUTIONS APPLIANCE REPAIR NYC LLC, HADAS A. JACOBI, BRIAN STRONG, AND KERI STRONG, Defendants. _____________________________________________________________________________________________________________________________________________________________ VERIFIED ANSWER WITH CROSS-CLAIMS AND NOTICE PURSUANT TO CPLR §3017(C) _____________________________________________________________________________________________________________________________________________________________ FIXLER & LAGATTUTA, LLP Attorneys for Defendants THE NORMANDIE CONDOMINIUM, THE BOARD OF MANAGERS OF THE NORMANDIE CONDOMINIUM and METRO MANAGEMENT & DEVELOPMENT, INC. Office and Post Office Address, Telephone 120 Broadway – Suite 1350