Preview
FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------- --------- ----X
INEZ GONZALES CRISPIN, Index No.: 158224/2019
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
Defendant, MCDONALD'S RESTAURANTS OF NEW YORK, INC. (hereinafter
"defendant"), through its attorneys, Stonberg Moran, LLP, as and for itsanswer to the Verified
Complaint of the plaintiff herein, states as fcllows:
1. Denies the allegations contained in paragraphs "1", "4", "5", "6-11", "14-17", "19",
"100-118"
"21-34", and of the Complaint.
"20"
2. Admit the allegations contained in paragraph "2", "3", "18", and of the
Complaint.
"4" "5"
3. Denies the allegations contained in paragraphs and of the Complaint except
admits that a wholly owned subsidiary owned the premises.
4. Denies knowledge or information sufficient to form a belief as to the truth of the
"12" "13"
allegations contained in paragraphs and of the Complaint due to the lack of specificity.
5. Denies knowledge or information sufficient to form a belief as to the truth of the
"35-99"
allegations contained in paragraphs of the Complaint.
6. Denies each and every other allegation in all causes of action not heretofore
controverted.
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FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019
IN RESPONSE TO THE SECOND CAUSE OF ACTION
7. Repeats and realleges the prior responses to the allegations as though fully set
"119"
forth at length herein in response to paragraph of the Complaint.
"120-124"
8. Denies the allegations contained in paragraphs of the Complaint.
AS AND FOR A FIRST. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
9. Upon information and belief, the incideñt comp|ained of in the Complaint and the
alleged damages, ifany, were caused by the negligêñce or other culpable conduct attributable to
the plaintiff. The damages atherwise recoverable in this action, ifany, should be diminished
pursuant to Article 14-A of the New York CPLR.
AS AND FOR A SECOND. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
10. Upon information and belief, plaintifffailed to take reasonable precautions for her
own safety and otherwise failed to take reasonable action to mitigate or minimize her alleged
damages.
AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
11. Upon information and belief, all or part of the cost or expense of plaintiff's medical
care, rehabilitation services, loss of earnings or other eccñGmic loss, was or will, with reasonable
certainty, be replaced or indemnified, in whole or in part, from a co!!ateral source, and in the event
that plaintiffis entitled to recover damages, the amount of those damages should be reduced by
the amount paid by the collateral source in accordance with CPLR Section 4545.
AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
12. Upon information and belief, the injuries and damages allegedly sustained by
plaintiff, if any, were caused by the actions or omissions of individuals not under the control,
direction or supervision of defendant, and for whose conduct defendant is not responsible.
AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
13. Defendant specifically dêñies liabilityfor the damages e!!eged by plaintiff, but if
liability is assessed against defendant, and the percentage of liabilityis 50% or less of the total
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NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019
liabilityassigned to all persons or entities liable, then pursuant to Article 16 of the Civil Practice
Law and Rules, defendant's liabilityfor non-eccñomic loss shall not exceed its equitable share
deterñiiñed in accordance with the relative culpability of each person or entity causing or
contributing to the total liabilityfor non-economic damages.
WHEREFORE, defendant, MCDONALD'S RESTAURANTS OF NEW YORK, INC.,
demands judgment as follows:
1. Dismissal of the Verified Complaint in itsentirety, with prejudice;
2. Diminishing the damages otherwise recoverable pursuant to Article 14-A
of the CPLR;
3. That ithave judgment on itsaffirmative defenses; and
4. For such other, further or different relief as to the Court shall seem just,
proper and equitable, together with the costs and disbursements of this action.
Dated: New York, New York
October 8, 2019
STONBERG MORAN, LLP
Attorneys for Defendant
MCDONALD'S RESTAURANTS
OF NEW YORK, INC.
By:
chael L. Stonberg, Esq.
505 Eighth Avenue, Suite 2302
New York, New York 10018
(212) 231-2220
Our File No.: BER 30647
TO:
LAW OFFICES OF ARCIA & ASSOCIATES, P.C.
Attorneys for Plaintiff
2nd
79-09 Roosevelt Avenue, Floor
Jackson Heights, New York 11372
Attn: Andray Cleghorn, Esq.
(718) 424-2222
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Preview
FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------- --------- ----X INEZ GONZALES CRISPIN, Index No.: 158224/2019 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 Defendant, MCDONALD'S RESTAURANTS OF NEW YORK, INC. (hereinafter "defendant"), through its attorneys, Stonberg Moran, LLP, as and for itsanswer to the Verified Complaint of the plaintiff herein, states as fcllows: 1. Denies the allegations contained in paragraphs "1", "4", "5", "6-11", "14-17", "19", "100-118" "21-34", and of the Complaint. "20" 2. Admit the allegations contained in paragraph "2", "3", "18", and of the Complaint. "4" "5" 3. Denies the allegations contained in paragraphs and of the Complaint except admits that a wholly owned subsidiary owned the premises. 4. Denies knowledge or information sufficient to form a belief as to the truth of the "12" "13" allegations contained in paragraphs and of the Complaint due to the lack of specificity. 5. Denies knowledge or information sufficient to form a belief as to the truth of the "35-99" allegations contained in paragraphs of the Complaint. 6. Denies each and every other allegation in all causes of action not heretofore controverted. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019 IN RESPONSE TO THE SECOND CAUSE OF ACTION 7. Repeats and realleges the prior responses to the allegations as though fully set "119" forth at length herein in response to paragraph of the Complaint. "120-124" 8. Denies the allegations contained in paragraphs of the Complaint. AS AND FOR A FIRST. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 9. Upon information and belief, the incideñt comp|ained of in the Complaint and the alleged damages, ifany, were caused by the negligêñce or other culpable conduct attributable to the plaintiff. The damages atherwise recoverable in this action, ifany, should be diminished pursuant to Article 14-A of the New York CPLR. AS AND FOR A SECOND. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 10. Upon information and belief, plaintifffailed to take reasonable precautions for her own safety and otherwise failed to take reasonable action to mitigate or minimize her alleged damages. AS AND FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 11. Upon information and belief, all or part of the cost or expense of plaintiff's medical care, rehabilitation services, loss of earnings or other eccñGmic loss, was or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from a co!!ateral source, and in the event that plaintiffis entitled to recover damages, the amount of those damages should be reduced by the amount paid by the collateral source in accordance with CPLR Section 4545. AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 12. Upon information and belief, the injuries and damages allegedly sustained by plaintiff, if any, were caused by the actions or omissions of individuals not under the control, direction or supervision of defendant, and for whose conduct defendant is not responsible. AS AND FOR A FIFTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 13. Defendant specifically dêñies liabilityfor the damages e!!eged by plaintiff, but if liability is assessed against defendant, and the percentage of liabilityis 50% or less of the total 2 2 of 3 FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 10/08/2019 liabilityassigned to all persons or entities liable, then pursuant to Article 16 of the Civil Practice Law and Rules, defendant's liabilityfor non-eccñomic loss shall not exceed its equitable share deterñiiñed in accordance with the relative culpability of each person or entity causing or contributing to the total liabilityfor non-economic damages. WHEREFORE, defendant, MCDONALD'S RESTAURANTS OF NEW YORK, INC., demands judgment as follows: 1. Dismissal of the Verified Complaint in itsentirety, with prejudice; 2. Diminishing the damages otherwise recoverable pursuant to Article 14-A of the CPLR; 3. That ithave judgment on itsaffirmative defenses; and 4. For such other, further or different relief as to the Court shall seem just, proper and equitable, together with the costs and disbursements of this action. Dated: New York, New York October 8, 2019 STONBERG MORAN, LLP Attorneys for Defendant MCDONALD'S RESTAURANTS OF NEW YORK, INC. By: chael L. Stonberg, Esq. 505 Eighth Avenue, Suite 2302 New York, New York 10018 (212) 231-2220 Our File No.: BER 30647 TO: LAW OFFICES OF ARCIA & ASSOCIATES, P.C. Attorneys for Plaintiff 2nd 79-09 Roosevelt Avenue, Floor Jackson Heights, New York 11372 Attn: Andray Cleghorn, Esq. (718) 424-2222 3 3 of 3