Preview
FILED: NEW YORK COUNTY CLERK 01/21/2020 03:49 PM INDEX NO. 158224/2019
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/21/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------- -------------------------------x
INEZ GONZALES CRISPIN, Index No.: 158224/19
Plaintiff, ANSWER
-against-
McDONALD'S CORPORATION, McDONALD'S
RESTAURANTS OF NEW YORK, INC., LAURINO
ENTERPRISES, JEL-WB FOOD CORP., RA-LINE
FOODS, INC. and SANTO C. PONTICELLO,
Defendants.
---------------------------- -----------------------x
The defendant SANTO C. PONTICELLO, by his attorneys, Zachary & Zachary,
P.C. answering the Complaint of the plaintiff herein, respectfully allege, upon information and
belief, the following:
ANSWERING THE FIRST CAUSE OF ACTION
FIRST: Denies having knowledge or information sufficient to constitute a belief as to
each and every allegation contained in paragraphs marked "1", "2", "3", "4", "5", "6", "7", "8",
"9", "10", "11", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", "22", "23", "24",
"25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40",
"41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56",
"57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72",
"73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "94", "95", "96",
"114" "115"
"97", "98", "99", "100", "101", "102", "103", "104", "105", "106", "109", and of
the Complaint.
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SECOND: Denies each and every allegation contained in paragraphs marked "88", "89",
"93" "110"
"90", 91", "92", and of the Complaint, except admits that allquestions of law and
fact are to be left to the determination of this Honorable Trial Court.
THIRD: Denies each and every allegation contained in paragraph marked "107", "108",
"117" "118"
"111", "112", "113", "116", and of the Complaint.
ANSWERING THE SECOND CAUSE OF ACTION
FOURTH: Defendants repeat, reiterate and realleges their answers to each and every
"1"
allegation contained in paragraphs marked through "118", inclusive, as alleged in paragraph
"119"
marked of the complaint, with the same force and effect as though herein set forth at
length.
FIFTH: Denies having knowledge or information sufficient to constitute a belief as to
"122" "123"
each and every allegation contained in paragraphs marked "120", "121", and of
the complaint.
"124"
SIXTH: Denies each and every allegation contained in paragraph marked of the
complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
SEVENTH: That ifthe plaintiff sustained any injuries as alleged, such injuries were
caused by his own fault, culpable conduct and negligence, wholly or partially including
assumption of risk.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
EIGHTH: Defendant SANTO C. PONTICELLO claims all benefits from section
4545(4)c CPLR for replacement or indemnification of costs of medical care, rehabilitative
services or loss of income from any collateral source.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
NINTH: Defendant SANTO C. PONTICELLO has not been served by the plaintiff in
accordance with the statutory provisions of New York State and thus this Court has no personal
jurisdiction over the answering defendants.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TENTH: That ifthe motor vehicle in which plaintiff was an occupant was equipped
with seatbelts, the plaintiff failed to make proper and timely use of same.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
ELEVENTH: The cause of action is barred by the provisions of the Insurance Law of
the State of New York, Section 5102 et. seq. as plaintiff has not sustained a serious injury.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
TWELFTH: This matter is barred by the applicable statute of limitations.
AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS
McDONALD'S CORPORATION, McDONALD'S RESTAURANTS OF
NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP, RA-LINE
FOODS. INC. RESPECTFULLY ALLEGE UPON INFORMATION
THIRTEENTH: That if the plaintiff was caused to sustain the injuries and/or damages
at the time and place and in the manner set forth in the Complaint through any culpable conduct
other than plaintiff's own, said injuries and/or damages arose, in whole or in part, from the acts
and/or omissions of defendants McDONALD'S CORPORATION, McDONALD'S
RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP,
RA-LINE FOODS, INC. and SANTO C. PONTICELLO and if any judgment is recovered
against the answering defendant(s), they will be damaged thereby, and the answering defendant
will be entitled to indemnification and/or contribution for the full amount of any such judgment
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or for a proportionate amount of any such judgment from the defendants above named.
WHEREFORE, the defendant SANTO C. PONTICELLO demands judgment dismissing
the plaintiff's Complaint with costs and disbursements and further that in the event the plaintiff
recovers any judgment against the answering defendant, then and in such event, the answering
defendant demands judgment over and against the defendants McDONALD'S CORPORATION,
McDONALD'S RESTAURANTS OF NEW LAURINO JEL-
YORK, INC., ENTERPRISES,
WB FOOD CORP, RA-LINE FOODS, INC. in a sum similar to any judgment which the
plaintiff might recover against the answering defendant, together with costs, disbursements and
legal expenses incurred in this action.
Dated: Staten Island, New York
January 21, 2020
u .
H HARY, P.C.
Attorneys r Defendant PONTICELLO
75 Little Clove Road
Staten Island, New York 10301
(718) 442-2828
TO: Law Office of Arcia & Associates, P.C.
Attorneys for Plaintiff
2nd
79-09 Roosevelt Avenue, FlOOr
Jackson Heights, New York 11372
Stonberg Moran, LLP
Attorneys for Defendants McDonald's Corporation;
McDonald's Restaurants of New York, Inc., Laurino Enterprises & JEL-WB Food Corp.
505 Eighth Avenue, Suite 2302
New York, New York 10018
RA-LINE FOODS, Inc.
35 Old Country Road
Westbury, New York 11590
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Preview
FILED: NEW YORK COUNTY CLERK 01/21/2020 03:49 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------- -------------------------------x INEZ GONZALES CRISPIN, Index No.: 158224/19 Plaintiff, ANSWER -against- McDONALD'S CORPORATION, McDONALD'S RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP., RA-LINE FOODS, INC. and SANTO C. PONTICELLO, Defendants. ---------------------------- -----------------------x The defendant SANTO C. PONTICELLO, by his attorneys, Zachary & Zachary, P.C. answering the Complaint of the plaintiff herein, respectfully allege, upon information and belief, the following: ANSWERING THE FIRST CAUSE OF ACTION FIRST: Denies having knowledge or information sufficient to constitute a belief as to each and every allegation contained in paragraphs marked "1", "2", "3", "4", "5", "6", "7", "8", "9", "10", "11", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", "22", "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "62", "63", "64", "65", "66", "67", "68", "69", "70", "71", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "94", "95", "96", "114" "115" "97", "98", "99", "100", "101", "102", "103", "104", "105", "106", "109", and of the Complaint. 1 of 4 FILED: NEW YORK COUNTY CLERK 01/21/2020 03:49 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/21/2020 SECOND: Denies each and every allegation contained in paragraphs marked "88", "89", "93" "110" "90", 91", "92", and of the Complaint, except admits that allquestions of law and fact are to be left to the determination of this Honorable Trial Court. THIRD: Denies each and every allegation contained in paragraph marked "107", "108", "117" "118" "111", "112", "113", "116", and of the Complaint. ANSWERING THE SECOND CAUSE OF ACTION FOURTH: Defendants repeat, reiterate and realleges their answers to each and every "1" allegation contained in paragraphs marked through "118", inclusive, as alleged in paragraph "119" marked of the complaint, with the same force and effect as though herein set forth at length. FIFTH: Denies having knowledge or information sufficient to constitute a belief as to "122" "123" each and every allegation contained in paragraphs marked "120", "121", and of the complaint. "124" SIXTH: Denies each and every allegation contained in paragraph marked of the complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE SEVENTH: That ifthe plaintiff sustained any injuries as alleged, such injuries were caused by his own fault, culpable conduct and negligence, wholly or partially including assumption of risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE EIGHTH: Defendant SANTO C. PONTICELLO claims all benefits from section 4545(4)c CPLR for replacement or indemnification of costs of medical care, rehabilitative services or loss of income from any collateral source. 2 of 4 FILED: NEW YORK COUNTY CLERK 01/21/2020 03:49 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/21/2020 AS AND FOR A THIRD AFFIRMATIVE DEFENSE NINTH: Defendant SANTO C. PONTICELLO has not been served by the plaintiff in accordance with the statutory provisions of New York State and thus this Court has no personal jurisdiction over the answering defendants. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TENTH: That ifthe motor vehicle in which plaintiff was an occupant was equipped with seatbelts, the plaintiff failed to make proper and timely use of same. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE ELEVENTH: The cause of action is barred by the provisions of the Insurance Law of the State of New York, Section 5102 et. seq. as plaintiff has not sustained a serious injury. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE TWELFTH: This matter is barred by the applicable statute of limitations. AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS McDONALD'S CORPORATION, McDONALD'S RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP, RA-LINE FOODS. INC. RESPECTFULLY ALLEGE UPON INFORMATION THIRTEENTH: That if the plaintiff was caused to sustain the injuries and/or damages at the time and place and in the manner set forth in the Complaint through any culpable conduct other than plaintiff's own, said injuries and/or damages arose, in whole or in part, from the acts and/or omissions of defendants McDONALD'S CORPORATION, McDONALD'S RESTAURANTS OF NEW YORK, INC., LAURINO ENTERPRISES, JEL-WB FOOD CORP, RA-LINE FOODS, INC. and SANTO C. PONTICELLO and if any judgment is recovered against the answering defendant(s), they will be damaged thereby, and the answering defendant will be entitled to indemnification and/or contribution for the full amount of any such judgment 3 of 4 FILED: NEW YORK COUNTY CLERK 01/21/2020 03:49 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 01/21/2020 or for a proportionate amount of any such judgment from the defendants above named. WHEREFORE, the defendant SANTO C. PONTICELLO demands judgment dismissing the plaintiff's Complaint with costs and disbursements and further that in the event the plaintiff recovers any judgment against the answering defendant, then and in such event, the answering defendant demands judgment over and against the defendants McDONALD'S CORPORATION, McDONALD'S RESTAURANTS OF NEW LAURINO JEL- YORK, INC., ENTERPRISES, WB FOOD CORP, RA-LINE FOODS, INC. in a sum similar to any judgment which the plaintiff might recover against the answering defendant, together with costs, disbursements and legal expenses incurred in this action. Dated: Staten Island, New York January 21, 2020 u . H HARY, P.C. Attorneys r Defendant PONTICELLO 75 Little Clove Road Staten Island, New York 10301 (718) 442-2828 TO: Law Office of Arcia & Associates, P.C. Attorneys for Plaintiff 2nd 79-09 Roosevelt Avenue, FlOOr Jackson Heights, New York 11372 Stonberg Moran, LLP Attorneys for Defendants McDonald's Corporation; McDonald's Restaurants of New York, Inc., Laurino Enterprises & JEL-WB Food Corp. 505 Eighth Avenue, Suite 2302 New York, New York 10018 RA-LINE FOODS, Inc. 35 Old Country Road Westbury, New York 11590 4 of 4