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FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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RICKIE BLACKMAN, Index No.: 527281/2019
Plaintiff, VERIFIED ANSWER
-against-
NEW YORK UNIVERSITY and TURNER
CONSTRUCTION COMPANY,
Defendants.
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Defendant NEW YORK UNIVERSITY, by its attorneys, HEIDELL, PITTONI,
MURPHY & BACH, LLP, upon information and belief, answers the Verified Complaint herein
as follows:
AS AND TO THE FIRST CAUSE OF ACTION
FIRST: Denies knowledge or information sufficient to form a belief as to the
"13"
allegations contained in the paragraphs of the Complaint designated "1", "4", "12", and and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
SECOND: Denies the allegations contained in the paragraphs of the Complaint
"2" "3"
designated and insofar as the allegations pertain to this answering Defendant except
admits that NEW YORK UNIVERSITY was and is a not-for-profit educational institution duly
organized and existing under the laws of the State of New York and otherwise begs leave to refer
all questions of law to the court and all questions of fact to the trier thereof.
THIRD: Denies the allegations contained in the paragraph of the Complaint
"5"
designated insofar as the allegations pertain to this answering Defendant except admits that
on November 8, 2019, NEW YORK UNIVERSITY owned real property identified on the tax
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map of the City of New York, New York at Lot 66 of Block 524, commonly known as and by
181 Mercer Street, New York, New York and otherwise begs leave to refer all questions of law
to the court and all questions of fact to the trier thereof.
FOURTH: Denies the allegations contained in the paragraphs of the Complaint
"6" "11"
designated through insofar as the allegations pertain to the answering Defendant except
admits that NEW YORK UNIVERSITY entered into a Construction Management Agreement
with TURNER CONSTRUCTION COMPANY dated March 8, 2017, for a construction project
located at 181 Mercer Street, New York, New York and otherwise begs leave to refer all
questions of law to the court and all questions of fact to the trier thereof.
FIFTH: Denies the allegations contained in the paragraphs of the Complaint
"14" "19"
designated through insofar as the allegations pertain to the answering Defendant and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
AS AND TO THE SECOND CAUSE OF ACTION
"20,"
SIXTH: Answering the paragraph of the Complaint designated this
answering Defendant repeats and realleges each and every denial and admission in answer to the
"1" "19"
paragraphs of the Complaint designated through with the same force and effect as if
herein set forth at length.
SEVENTH: Denies the allegations contained in the paragraphs of the Complaint
"21" "22"
designated and insofar as the allegations pertain to the answering Defendant and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
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AS AND TO THE THIRD CAUSE OF ACTION
"23,"
EIGHTH: Answering the paragraph of the Complaint designated this
answering Defendant repeats and realleges each and every denial and admission in answer to the
"1" "22"
paragraphs of the Complaint designated through with the same force and effect as if
herein set forth at length.
NINTH: Denies the allegations contained in the paragraphs of the Complaint
"24" "25"
designated and insofar as the allegations pertain to the answering defendant and
otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier
thereof.
FOR A FIRST DEFENSE
TENTH: That whatever damages may have been sustained at the time and place
alleged in the Complaint by Plaintiff were caused, in whole or in part, by the culpable conduct of
Plaintiff and without any negligence on the part of Defendant. Damages, if any, are to be
diminished proportionally to the culpable conduct of the Plaintiff.
FOR A SECOND DEFENSE
ELEVENTH: That the equitable share of liability, if any, of Defendant NEW
YORK UNIVERSITY shall be determined pursuant to the provisions of Article 16 of the CPLR.
FOR A THIRD DEFENSE
TWELFTH: That one or more of the causes of action in the Complaint fail to
state a cause of action upon which relief may be granted.
FOR A FOURTH DEFENSE
THIRTEENTH: That Plaintiff has failed to join one or more indispensable
parties who are needed for a just adjudication.
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FOR A FIFTH DEFENSE
FOURTEENTH: This action is barred or Defendant is entitled to a set-off against
any award herein as Plaintiff has previously recovered sums for all or part of the damages
claimed herein.
FOR A SIXTH DEFENSE
FIFTEENTH: Plaintiff has failed to mitigate his alleged damages claimed herein.
FOR A SEVENTH DEFENSE
SIXTEENTH: The amount of alleged damages claimed by Plaintiff should be
reduced pursuant to CPLR §4545 to the extent of any collateral source benefits, remuneration or
compensation received.
FOR A EIGHTH DEFENSE
SEVENTEENTH: Plaintiff's claims are barred by the exclusivity provisions of
Workers'
the New York Compensation Law.
FOR A NINTH DEFENSE
EIGHTEENTH: If the Plaintiff sustained the injuries and damages alleged then
said injuries and damages are proximally caused by persons and/or entities not connected with
the Defendant, and for whom this Defendant bears no legal responsibility.
FOR A TENTH DEFENSE
NINETEENTH: If the Plaintiff sustained the injuries and damages alleged, then
said injuries and damages are proximally caused by persons and/or entities not connected with
the Defendant and currently unknown to Defendant.
FOR A ELEVENTH DEFENSE
TWENTIETH: That Plaintiff's injuries and damages, if any, were caused
exclusively by the intervening, superseding negligence of others.
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FOR A TWELFTH DEFENSE
TWENTY-FIRST: The Complaint is barred in whole or in part inasmuch as
Plaintiff's acts and/or omissions were the sole proximate cause of any injuries and/or damages
alleged in the Complaint.
FOR A THIRTEENTH DEFENSE
TWENTY-SECOND: The Complaint is barred in whole or in part inasmuch as
Plaintiff was a recalcitrant worker, and failed to use available and provided safety devices.
FOR A FOURTEENTH DEFENSE
TWENTY-THIRD: The Complaint is barred in whole or in part inasmuch as the
answering Defendant did not violate any duty owing to the Plaintiff.
FOR A FIFTEENTH DEFENSE
TWENTY-FOURTH: That at the time of the alleged incident, Plaintiff was
engaged in activity which he knew to be hazardous of its very nature and Plaintiff assumed the
risk inherent in said activity.
FOR A SIXTEENTH DEFENSE
TWENTY-FIFTH: The dangers, if any, alleged in the Complaint were patent,
open and obvious.
FOR A SEVENTEENTH DEFENSE
TWENTY-SIXTH: That the damages allegedly sustained by the injured Plaintiff
resulted from his deliberate disregard of safety instructions and/or failure to use required safety
equipment, that he was a recalcitrant worker for the purposes of the Labor Law, and therefore the
Plaintiff's claim is barred.
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FOR A EIGHTEENTH DEFENSE
TWENTY-SEVENTH: That the damages allegedly sustained by the injured
Plaintiff resulted from his deliberate disregard of safety instructions and/or failure to use required
safety equipment, that his conduct was the sole proximate cause of his injuries, and the
answering Defendant did not violate the Labor Law and therefore Plaintiff's claim is barred.
FOR A NINETEENTH DEFENSE
TWENTY-EIGHTH: That Plaintiff's alleged injuries were not reasonably
foreseeable.
WHEREFORE, defendant NEW YORK UNIVERSITY demands judgment
dismissing the Complaint herein, together with the costs and disbursements of this action.
Dated: New York, New York
July 31, 2020
Yours, etc.,
HEIDELL, PITTONI, MURPHY & BACH, LLP
By:
EMMET D. DONNELLY
Attorneys for Defendant
NEW YORK UNIVERSITY
Office & P.O. Address
99 Park Avenue
New York, New York 10016
(212) 286-8585
TO: Andreas Geroulakis, Esq.
Geroulakis Law, PC
Attorneys for Plaintiff
Seven Penn Plaza
7th
370 Avenue, Suite 720
New York, New York 10001
(212) 323-6999
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FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X RICKIE BLACKMAN, Index No.: 527281/2019 Plaintiff, VERIFIED ANSWER -against- NEW YORK UNIVERSITY and TURNER CONSTRUCTION COMPANY, Defendants. -----------------------------------------------------------------------X Defendant NEW YORK UNIVERSITY, by its attorneys, HEIDELL, PITTONI, MURPHY & BACH, LLP, upon information and belief, answers the Verified Complaint herein as follows: AS AND TO THE FIRST CAUSE OF ACTION FIRST: Denies knowledge or information sufficient to form a belief as to the "13" allegations contained in the paragraphs of the Complaint designated "1", "4", "12", and and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. SECOND: Denies the allegations contained in the paragraphs of the Complaint "2" "3" designated and insofar as the allegations pertain to this answering Defendant except admits that NEW YORK UNIVERSITY was and is a not-for-profit educational institution duly organized and existing under the laws of the State of New York and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. THIRD: Denies the allegations contained in the paragraph of the Complaint "5" designated insofar as the allegations pertain to this answering Defendant except admits that on November 8, 2019, NEW YORK UNIVERSITY owned real property identified on the tax 2258661.1 1 of 6 FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 map of the City of New York, New York at Lot 66 of Block 524, commonly known as and by 181 Mercer Street, New York, New York and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FOURTH: Denies the allegations contained in the paragraphs of the Complaint "6" "11" designated through insofar as the allegations pertain to the answering Defendant except admits that NEW YORK UNIVERSITY entered into a Construction Management Agreement with TURNER CONSTRUCTION COMPANY dated March 8, 2017, for a construction project located at 181 Mercer Street, New York, New York and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FIFTH: Denies the allegations contained in the paragraphs of the Complaint "14" "19" designated through insofar as the allegations pertain to the answering Defendant and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. AS AND TO THE SECOND CAUSE OF ACTION "20," SIXTH: Answering the paragraph of the Complaint designated this answering Defendant repeats and realleges each and every denial and admission in answer to the "1" "19" paragraphs of the Complaint designated through with the same force and effect as if herein set forth at length. SEVENTH: Denies the allegations contained in the paragraphs of the Complaint "21" "22" designated and insofar as the allegations pertain to the answering Defendant and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. 2258661.1 2 of 6 FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 AS AND TO THE THIRD CAUSE OF ACTION "23," EIGHTH: Answering the paragraph of the Complaint designated this answering Defendant repeats and realleges each and every denial and admission in answer to the "1" "22" paragraphs of the Complaint designated through with the same force and effect as if herein set forth at length. NINTH: Denies the allegations contained in the paragraphs of the Complaint "24" "25" designated and insofar as the allegations pertain to the answering defendant and otherwise begs leave to refer all questions of law to the court and all questions of fact to the trier thereof. FOR A FIRST DEFENSE TENTH: That whatever damages may have been sustained at the time and place alleged in the Complaint by Plaintiff were caused, in whole or in part, by the culpable conduct of Plaintiff and without any negligence on the part of Defendant. Damages, if any, are to be diminished proportionally to the culpable conduct of the Plaintiff. FOR A SECOND DEFENSE ELEVENTH: That the equitable share of liability, if any, of Defendant NEW YORK UNIVERSITY shall be determined pursuant to the provisions of Article 16 of the CPLR. FOR A THIRD DEFENSE TWELFTH: That one or more of the causes of action in the Complaint fail to state a cause of action upon which relief may be granted. FOR A FOURTH DEFENSE THIRTEENTH: That Plaintiff has failed to join one or more indispensable parties who are needed for a just adjudication. 2258661.1 3 of 6 FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 FOR A FIFTH DEFENSE FOURTEENTH: This action is barred or Defendant is entitled to a set-off against any award herein as Plaintiff has previously recovered sums for all or part of the damages claimed herein. FOR A SIXTH DEFENSE FIFTEENTH: Plaintiff has failed to mitigate his alleged damages claimed herein. FOR A SEVENTH DEFENSE SIXTEENTH: The amount of alleged damages claimed by Plaintiff should be reduced pursuant to CPLR §4545 to the extent of any collateral source benefits, remuneration or compensation received. FOR A EIGHTH DEFENSE SEVENTEENTH: Plaintiff's claims are barred by the exclusivity provisions of Workers' the New York Compensation Law. FOR A NINTH DEFENSE EIGHTEENTH: If the Plaintiff sustained the injuries and damages alleged then said injuries and damages are proximally caused by persons and/or entities not connected with the Defendant, and for whom this Defendant bears no legal responsibility. FOR A TENTH DEFENSE NINETEENTH: If the Plaintiff sustained the injuries and damages alleged, then said injuries and damages are proximally caused by persons and/or entities not connected with the Defendant and currently unknown to Defendant. FOR A ELEVENTH DEFENSE TWENTIETH: That Plaintiff's injuries and damages, if any, were caused exclusively by the intervening, superseding negligence of others. 2258661.1 4 of 6 FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 FOR A TWELFTH DEFENSE TWENTY-FIRST: The Complaint is barred in whole or in part inasmuch as Plaintiff's acts and/or omissions were the sole proximate cause of any injuries and/or damages alleged in the Complaint. FOR A THIRTEENTH DEFENSE TWENTY-SECOND: The Complaint is barred in whole or in part inasmuch as Plaintiff was a recalcitrant worker, and failed to use available and provided safety devices. FOR A FOURTEENTH DEFENSE TWENTY-THIRD: The Complaint is barred in whole or in part inasmuch as the answering Defendant did not violate any duty owing to the Plaintiff. FOR A FIFTEENTH DEFENSE TWENTY-FOURTH: That at the time of the alleged incident, Plaintiff was engaged in activity which he knew to be hazardous of its very nature and Plaintiff assumed the risk inherent in said activity. FOR A SIXTEENTH DEFENSE TWENTY-FIFTH: The dangers, if any, alleged in the Complaint were patent, open and obvious. FOR A SEVENTEENTH DEFENSE TWENTY-SIXTH: That the damages allegedly sustained by the injured Plaintiff resulted from his deliberate disregard of safety instructions and/or failure to use required safety equipment, that he was a recalcitrant worker for the purposes of the Labor Law, and therefore the Plaintiff's claim is barred. 2258661.1 5 of 6 FILED: KINGS COUNTY CLERK 07/31/2020 05:00 PM INDEX NO. 527281/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/31/2020 FOR A EIGHTEENTH DEFENSE TWENTY-SEVENTH: That the damages allegedly sustained by the injured Plaintiff resulted from his deliberate disregard of safety instructions and/or failure to use required safety equipment, that his conduct was the sole proximate cause of his injuries, and the answering Defendant did not violate the Labor Law and therefore Plaintiff's claim is barred. FOR A NINETEENTH DEFENSE TWENTY-EIGHTH: That Plaintiff's alleged injuries were not reasonably foreseeable. WHEREFORE, defendant NEW YORK UNIVERSITY demands judgment dismissing the Complaint herein, together with the costs and disbursements of this action. Dated: New York, New York July 31, 2020 Yours, etc., HEIDELL, PITTONI, MURPHY & BACH, LLP By: EMMET D. DONNELLY Attorneys for Defendant NEW YORK UNIVERSITY Office & P.O. Address 99 Park Avenue New York, New York 10016 (212) 286-8585 TO: Andreas Geroulakis, Esq. Geroulakis Law, PC Attorneys for Plaintiff Seven Penn Plaza 7th 370 Avenue, Suite 720 New York, New York 10001 (212) 323-6999 2258661.1 6 of 6