Preview
FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019
NYSCEF DOC. NO. 16 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
Defendants, LAURINO ENTERPRISES and JEL-WB FOOD CORP (hereinafter
"defendants"), through their attorneys, Stonberg Moran, LLP, as and for their answer to the
Verified Complaint of the plaintiffherein, state as follows:
1. Deny knowledge or information sufficient to form a belief as to the truth of the
"1-34" "69-99"
allegations contained in paragraphs and of the Complaint.
"100-118"
2. Deny the allegations contained in paragraphs "35-51", "53", "55", and of
the Complaint.
"52" "54"
3. Admit the allegations contained in paragraphs and of the Complaint.
4. Deny knowledge or information sufficient to form a belief as to the truth of the
"56-64"
allegations contained in paragraphs of the Complaint due to the lack of specificity except
admit that JEL-WB FOOD CORP owned and operated a franchised McDonald's restaurant
business at the location.
5. Deny knowledge or information sufficient to form a belief as to the truth of the
"65-68"
allegations contained in paragraphs of the Complaint and respectfully refers allquestions
of law to the Court.
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6. Deny each and every other allegation in all causes of action not heretofore
controverted.
IN RESPONSE TO THE SECOND CAUSE OF ACTION
7. Repeat and reallege the prior responses to the allegations as though fully set forth
"119"
at length herein in response to paragraph of the Complaint.
8. Deny knowledge or information sufficient to form a belief as to the truth of the
"120" "121"
allegations contained in paragraphs and of the Complaint and respectfully refer all
questions of law to the Court.
"122-124"
9. Deny the allegations contained in paragraphs of the Complaint.
AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
10. Upon information and belief, the incidêñt complained of in the Complaint and the
alleged damages, ifany, were caused by the negligence or other culpable conduct attributable to
the plaintiff. The damages otherwise 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
11. Upon information and belief, plaintiff failed 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
12. Upon information and belief, allor part of the cost or expense of plaintiff'smedice!
care, rehabilitation services, loss of eamiñgs or other economic loss, was or will,with reasonable
certainty, be replaced or iñdemnified, in whole or in part, from a co!!ateral source, and in the event
that plaintiff is entitled to recover damages, the amount of those damages should be reduced by
the amount paid by the co!!ateral source in accordance with CPLR Section 4545.
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AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
13. Upon information and belief, the injuries and damages allegedly sustained by
plaintiff,ifany, were caused by the actions or omissioñs of individuals not under the control,
direction or supervision of defendants, and for whose conduct defendants are not responsible.
AS AND FOR A FIFTH. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE
14. Defendants specifically deny liability for the damages alleged by plaintiff,but if
liabilityis assessed against defeñdants, and the percentage of liability is 50% or less of the total
liabilityassigned to allpersons or entities liable, then pursuant to Article 16 of the Civil Practice
defendants'
Law and Rules, liabilityfor non-economic loss shall not excêêd their equitable share
determined in accordance with the relative culpability of each person or entity causing or
contributing to the total liabilityfor non-economic damages.
WHEREFORE, defendants, LAURINO ENTERPRISES and JEL-WB FOOD CORP,
demand 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 they have judgment on their affirmative defenses; and
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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 Defendants
LAURINO ENTERPRISES and
JEL-WB FOOD CORP
Michael L. Stonberg, Èsq.
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. 16 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 Defendants, LAURINO ENTERPRISES and JEL-WB FOOD CORP (hereinafter "defendants"), through their attorneys, Stonberg Moran, LLP, as and for their answer to the Verified Complaint of the plaintiffherein, state as follows: 1. Deny knowledge or information sufficient to form a belief as to the truth of the "1-34" "69-99" allegations contained in paragraphs and of the Complaint. "100-118" 2. Deny the allegations contained in paragraphs "35-51", "53", "55", and of the Complaint. "52" "54" 3. Admit the allegations contained in paragraphs and of the Complaint. 4. Deny knowledge or information sufficient to form a belief as to the truth of the "56-64" allegations contained in paragraphs of the Complaint due to the lack of specificity except admit that JEL-WB FOOD CORP owned and operated a franchised McDonald's restaurant business at the location. 5. Deny knowledge or information sufficient to form a belief as to the truth of the "65-68" allegations contained in paragraphs of the Complaint and respectfully refers allquestions of law to the Court. 1 1 of 4 FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/08/2019 6. Deny each and every other allegation in all causes of action not heretofore controverted. IN RESPONSE TO THE SECOND CAUSE OF ACTION 7. Repeat and reallege the prior responses to the allegations as though fully set forth "119" at length herein in response to paragraph of the Complaint. 8. Deny knowledge or information sufficient to form a belief as to the truth of the "120" "121" allegations contained in paragraphs and of the Complaint and respectfully refer all questions of law to the Court. "122-124" 9. Deny the allegations contained in paragraphs of the Complaint. AS AND FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 10. Upon information and belief, the incidêñt complained of in the Complaint and the alleged damages, ifany, were caused by the negligence or other culpable conduct attributable to the plaintiff. The damages otherwise 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 11. Upon information and belief, plaintiff failed 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 12. Upon information and belief, allor part of the cost or expense of plaintiff'smedice! care, rehabilitation services, loss of eamiñgs or other economic loss, was or will,with reasonable certainty, be replaced or iñdemnified, in whole or in part, from a co!!ateral source, and in the event that plaintiff is entitled to recover damages, the amount of those damages should be reduced by the amount paid by the co!!ateral source in accordance with CPLR Section 4545. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/08/2019 AS AND FOR A FOURTH, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 13. Upon information and belief, the injuries and damages allegedly sustained by plaintiff,ifany, were caused by the actions or omissioñs of individuals not under the control, direction or supervision of defendants, and for whose conduct defendants are not responsible. AS AND FOR A FIFTH. SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE 14. Defendants specifically deny liability for the damages alleged by plaintiff,but if liabilityis assessed against defeñdants, and the percentage of liability is 50% or less of the total liabilityassigned to allpersons or entities liable, then pursuant to Article 16 of the Civil Practice defendants' Law and Rules, liabilityfor non-economic loss shall not excêêd their equitable share determined in accordance with the relative culpability of each person or entity causing or contributing to the total liabilityfor non-economic damages. WHEREFORE, defendants, LAURINO ENTERPRISES and JEL-WB FOOD CORP, demand 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 they have judgment on their affirmative defenses; and 3 3 of 4 FILED: NEW YORK COUNTY CLERK 10/08/2019 01:32 PM INDEX NO. 158224/2019 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/08/2019 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 Defendants LAURINO ENTERPRISES and JEL-WB FOOD CORP Michael L. Stonberg, Èsq. 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 4 4 of 4