Preview
FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-------------- -----------
X
PRIVILEGE UNDERWRITERS RECIPROCAL
EXCHANGE as subrogee of JOHN E. NARVESEN and
MARK WOLK,
VERIFIED ANSWER TO
Plaintiffs, AMENDED COMPLAINT
-against-
DESPATCH OF SOUTHAMPTON MOVING & Index No.: 613532/2019
STORAGE, LLC, COLLINS BROTHERS MOVING
CORPORATION, and NANCY DAVIS,
Defendants.
------- ---X
The defendant, Nancy Davis, by her attorneys, Cuomo LLC, as and for an
answer to the amended complaint, sets forth the following:
NATURE OF THE ACTION
1. Denies knowledge or information sufficient to form a belief as to the truth
"1"
or falsity of the allegations and/or statements contairied in paragraph of the
amended complaint and refers all questions of law to the Court.
PARTIES
2. Denies knowledge or information sufficient to form a belief as to the truth
"3" "4"
or falsity of the allegations and/or staterments contained in paragraphs "2", and of
the amended complaint and refers all questions of law to the Court.
"5"
3. Admits the allegations contained in paragraph of the amended
complaint.
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VENUE
4. Denies knowledge or information sufficient to form a belief as to the truth
"6"
or falsity of the allegations and/or statements contained in paragraph of the
amended complaint and refers all questions of law to the Court.
FACTS
5. Denies knowledge of information sufficient to form a belief as to the truth
"11"
or falsity of the allegations and/or statements contained in paragraphs "7", "8", and
"13"
of the amended complaint and refers all questions of law to the Court.
"9" "10"
6. Admits the allegations contained in paragraphs and of the
amended complaint.
7. Denies each and every a!!egation and/or statement contained in
"12"
paragraph of the amended complaint except admits that defendant, Nancy Davis,
reported the condition of the floors to plaintiff's subrogors and refers all other questions
of law to the Court.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
"14"
8. With respect to paragraph of the amended complaint this answering
"1"
defendant repeats, reiterates and realleges each and every respense to paragraphs
"13"
through as if fully set forth herein.
9. Denies each and every allegation and/or statement contained in
"16" "17"
paragraphs "15", and of the amended complaint and refers all questions of law
to the Court.
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AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
"18"
10. With respect to paragraph of the amended complaint this answering
"1"
defendant repeats, reiterates and realleges each and every response to paragraphs
"17"
through as if fully set forth herein.
"19"
11. Admits the allegations contained in paragraph of the amended
complaint.
12. Denies knowledge or information sufficient to form a belief as to the truth
"20"
or falsity of the allegations and/or statements contained in paragraph of the
amended complaint and refers all questions of law to the Court.
13. Denies each and every a!!egation and/or statement contained in
"21"
paragraph of the amended complaint and refers all questions of law to the Court.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
"22"
14. With respect to paragraph of the amended complaint this answering
"1"
defendant repeats, reiterates and realleges each and every response to paragraphs
"21"
through as if fully set forth herein.
"23"
15. Admits the allegations contained in paragraph of the amended
complaint.
16. Denies knowledge or information sufficient to form a belief as to the truth
"24"
or falsity of the allegations and/or statements contained in paragraph of the
amended complaint and refers all questions of law to the Court.
17. Denies each and every allegation and/or statement contained in
"25"
paragraph of the amended complaint and refers all questions of law to the Court.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THE DEFENDANT, NANCY
DAVIS, ALLEGES AS FOLLOWS:
18. Whatever injuries and the damages plaintiffs may have sustained at the
time and place alleged in the complaiñt were caused in whole or in part, or were
contributed to by the culpable conduct and/or want of care and/or assumption of the risk
on the part of plaintiffs and/or plaintiffs subrogors, their agents, servants and/or
employees and without any negligence or want of care on the part of the defendants,
plaintiffs'
and such damages should be reduced by the percentage of the fault.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE. THE DEFENDANT,, NANCY
DAVIS, ALLEGES AS FOLLOWS:
15. If the plaintiffs were caused to have sustained the injuries and damages
as set forth in the verified complaint, such injuries and damages were caused, in whole
or in part, by the negligence, recklessness, lack of due care, or culpable conduct on the
part of third-parties not then and there in control of these answering defendants and
without any negligence, recklessness, lack of due care or culpable conduct on the part
of these answering defendant contributing thereto.
16. By reason of the foregoing, this answering defendant is or will be entitled
to a diminution of any damages caused by the neg!!gence, recklessness, lack of due
care or culpable conduct on the part of those parties not then and there in control of this
answering defendant.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THE DEFENDANT. NANCY
DAVIS., ALLEGES AS FOLLOWS:
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plaintiffs'
17. That the claims are barred by the doctrine of waiver of
subrogation.
AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS. DESPATCH OF
SOUTHAMPTON MOVING & STORAGE, LLC AND COLLINSBROTHERS MOVING
CORPORATION, THE DEFENDANT, NANCY DAVIS, ALLEGES AS FOLLOWS:
18. Upon information and belief, if the plaintiff was caused to sustain injuries
and damages at the time and place set forth in her complaint, such injuries and
damages were sustained by reason of the culpable conduct and negligence of the
Southampton'
defendants, Despatch of Moving & Storage, LLC and Collins Brothers
Moving Corporation, without negligence on the part of the defendant, Nancy Davis,
contributing thereto.
19. By reason of the foregoing, the defendant, Nancy Davis, is or will be
entitled to have judgment over against defendants, Despatch of Southampton Moving &
Storage, LLC and Collins Brothers Moving Corporation, in whole or in part as to any
sum awarded to the plaintiff against the defendant, Nancy Davis, pursuant to CPLR §§
1401 and 1402.
WHEREFORE, thedefendant, Nancy Davis, demands:
(1) Judgment dismissing the amended complaint; or
(2) If the plaintiff recovers a judgment, then the defendant demands a
diminution of the recoverable damages by an amount that constitutes the equitable
proportion of the damages caused by the plaintiff's own comparative fault; and/or
(3) If plaintiff recovers a judgment, defendant, Nancy Davis, demands a
judgment for contribution and/or indemnification against defendants, Despatch of
Southampton Moving & Storage, LLC and Collins Brothers Moving Corporation, for such
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amount as constitutes defendant, Nancy Davis's equitable share of the damages
awarded to plaintiff; and
(4) The costs and disbursements of this action.
Dated: Mineola, New York
October 28, 2019
OMO LLC
By:
MAT 14ÉW A. CU bf gfO, ESQ.
Attorneys for Defendant
NANCY DAVIS
200 Old Country Road, Suite 2 South
Mineola, NY 11501
(516) 741-3222
Fax (516) 741-3223
TO: Daniel W. Morrison, Esq.
Anna M. Piazza, Esq.
MORRISON LAW FIRM, P.C.
Attomeys for Plaintiff
445 Hamilton Avenue, Suite 402
White Plains, NY 10601
(914) 239-3650
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendant
DESPATCH OF SOUTHAMPTON MOVING & STORAGE, LLC
111 John Street
New York, NY 10038
(212) 964-7400
File No.: HUD-00768
COLLINS BROTHERS MOVING CORPORATION
Defendant Pro Se
5"'
620 Avenue
Larchmont, NY 10538
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)ss:
COUNTY OF NASSAU )
The undersigned, an attorney admitted to practice in the Courts of New York
State, shows:
That Deponent, MATTHEW A. CUOMO, is the attomey of record for the
defendant, Nancy Davis, in the within action.
That Deponent has read the foregoing ANSWER and knows the contents
thereof. The same is true to Deponent's own knowledge, except as to the matters
therein stated to be a!!eged on information and belief, and that as to those matters
Deponent believes it to be true.
That this verification is made by Deponent and not by the Defendant is due to the
fact that Defendant maintains her residence in a different County than that in which your
Deponent maintains his files and offices.
The grounds of Deponent's belief as to all matters not stated upon Depenent's
knowledge are as follows: All books and records pertaining to the herein matter are in
your Deponent's flies in his office.
The undersigned affirms that the foregoing statements are true, under the
penalties of perjury.
Dated: Mineola, New York
October 28, 2019
MA EW A. CUOMO
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Preview
FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------- ----------- X PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE as subrogee of JOHN E. NARVESEN and MARK WOLK, VERIFIED ANSWER TO Plaintiffs, AMENDED COMPLAINT -against- DESPATCH OF SOUTHAMPTON MOVING & Index No.: 613532/2019 STORAGE, LLC, COLLINS BROTHERS MOVING CORPORATION, and NANCY DAVIS, Defendants. ------- ---X The defendant, Nancy Davis, by her attorneys, Cuomo LLC, as and for an answer to the amended complaint, sets forth the following: NATURE OF THE ACTION 1. Denies knowledge or information sufficient to form a belief as to the truth "1" or falsity of the allegations and/or statements contairied in paragraph of the amended complaint and refers all questions of law to the Court. PARTIES 2. Denies knowledge or information sufficient to form a belief as to the truth "3" "4" or falsity of the allegations and/or staterments contained in paragraphs "2", and of the amended complaint and refers all questions of law to the Court. "5" 3. Admits the allegations contained in paragraph of the amended complaint. 1 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 VENUE 4. Denies knowledge or information sufficient to form a belief as to the truth "6" or falsity of the allegations and/or statements contained in paragraph of the amended complaint and refers all questions of law to the Court. FACTS 5. Denies knowledge of information sufficient to form a belief as to the truth "11" or falsity of the allegations and/or statements contained in paragraphs "7", "8", and "13" of the amended complaint and refers all questions of law to the Court. "9" "10" 6. Admits the allegations contained in paragraphs and of the amended complaint. 7. Denies each and every a!!egation and/or statement contained in "12" paragraph of the amended complaint except admits that defendant, Nancy Davis, reported the condition of the floors to plaintiff's subrogors and refers all other questions of law to the Court. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION "14" 8. With respect to paragraph of the amended complaint this answering "1" defendant repeats, reiterates and realleges each and every respense to paragraphs "13" through as if fully set forth herein. 9. Denies each and every allegation and/or statement contained in "16" "17" paragraphs "15", and of the amended complaint and refers all questions of law to the Court. 2 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION "18" 10. With respect to paragraph of the amended complaint this answering "1" defendant repeats, reiterates and realleges each and every response to paragraphs "17" through as if fully set forth herein. "19" 11. Admits the allegations contained in paragraph of the amended complaint. 12. Denies knowledge or information sufficient to form a belief as to the truth "20" or falsity of the allegations and/or statements contained in paragraph of the amended complaint and refers all questions of law to the Court. 13. Denies each and every a!!egation and/or statement contained in "21" paragraph of the amended complaint and refers all questions of law to the Court. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION "22" 14. With respect to paragraph of the amended complaint this answering "1" defendant repeats, reiterates and realleges each and every response to paragraphs "21" through as if fully set forth herein. "23" 15. Admits the allegations contained in paragraph of the amended complaint. 16. Denies knowledge or information sufficient to form a belief as to the truth "24" or falsity of the allegations and/or statements contained in paragraph of the amended complaint and refers all questions of law to the Court. 17. Denies each and every allegation and/or statement contained in "25" paragraph of the amended complaint and refers all questions of law to the Court. 3 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THE DEFENDANT, NANCY DAVIS, ALLEGES AS FOLLOWS: 18. Whatever injuries and the damages plaintiffs may have sustained at the time and place alleged in the complaiñt were caused in whole or in part, or were contributed to by the culpable conduct and/or want of care and/or assumption of the risk on the part of plaintiffs and/or plaintiffs subrogors, their agents, servants and/or employees and without any negligence or want of care on the part of the defendants, plaintiffs' and such damages should be reduced by the percentage of the fault. AS AND FOR A SECOND AFFIRMATIVE DEFENSE. THE DEFENDANT,, NANCY DAVIS, ALLEGES AS FOLLOWS: 15. If the plaintiffs were caused to have sustained the injuries and damages as set forth in the verified complaint, such injuries and damages were caused, in whole or in part, by the negligence, recklessness, lack of due care, or culpable conduct on the part of third-parties not then and there in control of these answering defendants and without any negligence, recklessness, lack of due care or culpable conduct on the part of these answering defendant contributing thereto. 16. By reason of the foregoing, this answering defendant is or will be entitled to a diminution of any damages caused by the neg!!gence, recklessness, lack of due care or culpable conduct on the part of those parties not then and there in control of this answering defendant. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THE DEFENDANT. NANCY DAVIS., ALLEGES AS FOLLOWS: 4 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 plaintiffs' 17. That the claims are barred by the doctrine of waiver of subrogation. AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS. DESPATCH OF SOUTHAMPTON MOVING & STORAGE, LLC AND COLLINSBROTHERS MOVING CORPORATION, THE DEFENDANT, NANCY DAVIS, ALLEGES AS FOLLOWS: 18. Upon information and belief, if the plaintiff was caused to sustain injuries and damages at the time and place set forth in her complaint, such injuries and damages were sustained by reason of the culpable conduct and negligence of the Southampton' defendants, Despatch of Moving & Storage, LLC and Collins Brothers Moving Corporation, without negligence on the part of the defendant, Nancy Davis, contributing thereto. 19. By reason of the foregoing, the defendant, Nancy Davis, is or will be entitled to have judgment over against defendants, Despatch of Southampton Moving & Storage, LLC and Collins Brothers Moving Corporation, in whole or in part as to any sum awarded to the plaintiff against the defendant, Nancy Davis, pursuant to CPLR §§ 1401 and 1402. WHEREFORE, thedefendant, Nancy Davis, demands: (1) Judgment dismissing the amended complaint; or (2) If the plaintiff recovers a judgment, then the defendant demands a diminution of the recoverable damages by an amount that constitutes the equitable proportion of the damages caused by the plaintiff's own comparative fault; and/or (3) If plaintiff recovers a judgment, defendant, Nancy Davis, demands a judgment for contribution and/or indemnification against defendants, Despatch of Southampton Moving & Storage, LLC and Collins Brothers Moving Corporation, for such 5 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 amount as constitutes defendant, Nancy Davis's equitable share of the damages awarded to plaintiff; and (4) The costs and disbursements of this action. Dated: Mineola, New York October 28, 2019 OMO LLC By: MAT 14ÉW A. CU bf gfO, ESQ. Attorneys for Defendant NANCY DAVIS 200 Old Country Road, Suite 2 South Mineola, NY 11501 (516) 741-3222 Fax (516) 741-3223 TO: Daniel W. Morrison, Esq. Anna M. Piazza, Esq. MORRISON LAW FIRM, P.C. Attomeys for Plaintiff 445 Hamilton Avenue, Suite 402 White Plains, NY 10601 (914) 239-3650 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendant DESPATCH OF SOUTHAMPTON MOVING & STORAGE, LLC 111 John Street New York, NY 10038 (212) 964-7400 File No.: HUD-00768 COLLINS BROTHERS MOVING CORPORATION Defendant Pro Se 5"' 620 Avenue Larchmont, NY 10538 6 of 7 FILED: NASSAU COUNTY CLERK 10/29/2019 09:02 AM INDEX NO. 613532/2019 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2019 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) )ss: COUNTY OF NASSAU ) The undersigned, an attorney admitted to practice in the Courts of New York State, shows: That Deponent, MATTHEW A. CUOMO, is the attomey of record for the defendant, Nancy Davis, in the within action. That Deponent has read the foregoing ANSWER and knows the contents thereof. The same is true to Deponent's own knowledge, except as to the matters therein stated to be a!!eged on information and belief, and that as to those matters Deponent believes it to be true. That this verification is made by Deponent and not by the Defendant is due to the fact that Defendant maintains her residence in a different County than that in which your Deponent maintains his files and offices. The grounds of Deponent's belief as to all matters not stated upon Depenent's knowledge are as follows: All books and records pertaining to the herein matter are in your Deponent's flies in his office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Mineola, New York October 28, 2019 MA EW A. CUOMO 7 of 7