Preview
FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
MARGHERITA CLARK,
Index No. 157015/2019
Plaintiff,
-against-
ANSWER TO VERIFIED
ISAK BAJRAMOVIC, RAISER-NY, LLC, UBER COMPLAINT
TECHNOLOGIES, INC. and RAISER, LLC RAISER,
Defendants.
Defendant, Isak Bajramovic, (hereinafter “Defendant” or “Bajramovic”) by and through
their attorneys, Hinshaw & Culbertson LLP for its Answer to Plaintiff’s Verified Complaint
states as follows:
1. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
2. Admits the allegation contained in Paragraph 2 of Plaintiff’s Verified Complaint.
3. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
4. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
5. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
6. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
7. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
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8. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
9. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
10. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
11. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
12. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
13. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
14. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
15. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
16. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
17. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
18. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint.
19. Admits the allegations in Paragraph 19 of Plaintiff’s Verified Complaint.
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20. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
21. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
22. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
23. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
24. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
25. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
26. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
27. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
28. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
29. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
30. Defendant admits he was operating the motor vehicle with his consent as owner
and denies each and every remaining allegations contained in this Paragraph of Plaintiff’s
Verified Complaint.
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31. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
32. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
33. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
34. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
35. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
36. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
37. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
38. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
39. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
40. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
41. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
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42. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
43. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
44. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
45. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
46. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
47. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
48. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
49. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
50. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
51. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
52. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
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53. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
54. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
55. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
56. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
57. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
58. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
59. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
60. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
61. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations in this Paragraph of Plaintiff’s Verified Complaint.
62. Defendant denies having knowledge or information sufficient to form a belief as
to the allegations in this Paragraph of Plaintiff’s Verified Complaint, but admits on January 19,
2019 at approximately 10:40PM, Defendant was operating his motor vehicle bearing New York
license plate number HRR2651.
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63. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
64. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint but admits on January 19, 2019 at approximately 10:40PM there was contact with
Defendant’s motor vehicle bearing New York license plate number HRR2651.
65. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
66. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
67. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
68. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
69. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
70. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
71. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
72. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
73. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
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74. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
75. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
76. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
77. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
AS TO PLAINTIFF’S FIRST CAUSE OF ACTION vs. BAJRAMOVIC
78. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if fully set forth at length herein.
79. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
80. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
81. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
82. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint and respectfully leaves all questions of law to the Court.
AS TO PLAINTIFF’S SECOND CAUSE OF ACTION vs. RASIER-NY, LLC
83. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if fully set forth at length herein.
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84. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
85. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
86. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
87. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S THIRD CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC.
88. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if fully set forth at length herein.
89. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
90. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
91. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
92. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S FOURTH CAUSE OF ACTION vs. “RASIER LLC RASIER”
93. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if fully set forth at length herein.
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94. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
95. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
96. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
97. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S FIFTH CAUSE OF ACTION vs. RASIER-NY, LLC
98. Defendant repeats, realleges and incorporates all prior responses to the allegations
in Plaintiff’s Verified Complaint as if fully set forth herein.
99. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
100. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
101. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
102. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
103. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S SIXTH CAUSE OF ACTION vs. RASIER-NY, LLC
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104. Defendant repeats, realleges and incorporates all prior responses to the allegations
in Plaintiff’s Verified Complaint as if fully set forth herein.
105. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
106. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
107. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S SEVENTH CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC.
108. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if set forth fully herein.
109. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
110. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
111. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
112. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
113. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S EIGHTH CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC.
114. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if set forth fully herein.
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115. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
116. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
117. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S NINTH CAUSE OF ACTION vs. “RASIER LLC RASIER”
118. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if set forth fully herein.
119. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
120. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
121. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
122. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
123. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS TO PLAINTIFF’S TENTH CAUSE OF ACTION vs. “RASIER LLC RASIER”
124. Defendant repeats, reiterates and incorporates all prior responses to the allegations
contained in Plaintiff’s Verified Complaint as if set forth fully herein.
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125. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
126. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
127. Denies the allegations contained in this Paragraph of Plaintiff’s Verified
Complaint.
AS AN FOR A FIRST AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate, obviate, diminish, or otherwise act to lessen or reduce the
injuries, damages or disabilities alleged in the Verified Complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
Plaintiff is precluded from maintaining this action by Insurance Law Article 51 in that
Plaintiff has failed to sustain a serious injury or economic loss greater than the basic economic
loss as defined by that law.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
That the respective liability, ifany, of the Defendant answering herein does not exceed
fifty percent (50%) of the liability assigned to all persons and that the liability, if any, of this
Defendant for non-economic loss is limited pursuant to Article 16 of the CPLR.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
In the event Plaintiff recovers a verdict or judgment against this Defendant, said verdict
or judgment must be reduced pursuant to CPLR §4545 by those amounts which have been or
will, with reasonable certainty, replace or indemnify plaintiff in whole or in part, for any past or
future claimed economic loss from any collateral source such as insurance, social security,
workers’ compensation, or employee benefit programs.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
The damages allegedly sustained or suffered by the Plaintiff at the time and place and on
the occasion alleged in Plaintiff’s Verified Complaint were proximately caused in whole by the
carelessness, recklessness, negligence and/or negligent acts of people or entities for which the
Answering Defendant has no control. Plaintiff’s damages were not proximately caused by any
negligence on the part of the Answering Defendant herein.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
In the event that any person or entity liable or claimed to be liable for the injury alleged
in this action has been given or may hereafter be given a release or covenant not to sue, this
Defendant will be entitled to protection under General Obligation Law §15-108 and the
corresponding reduction of any damages which may be determined to be due against this
defendant.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
That the liability of this defendant, if any, is limited to the percentage of culpability found
against them by virtue of the fault of the other parties (both named and unnamed) and in
accordance with the laws of the State of New York.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
To the extent Plaintiff failed to use, failed to use properly, or misused the available seat
belts or other applicable safety devices, Plaintiff’s injuries were either sustained and/or
aggravated by their own conduct.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
The Answering Defendant is entitled to limitation of liability pursuant to Article 16 of the
CPLR.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Plaintiff’s Verified Complaint fails to state a cause of action against the answering
Defendant.
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AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Any damages and/or injuries sustained by Plaintiff at the time and place alleged in the
Verified Complaint were the result of the assumption of risk by Plaintiff.
WHEREFORE, Defendant Isak Bajramovic prays that this Honorable Court dismiss
Plaintiff’s Verified Complaint with prejudice, or in the alternative, diminution of damages based
upon culpable conduct of Plaintiff, and for such other, further and different relief as this Court
may deem just and proper.
Dated: New York, New York
January 2, 2020
HINSHAW & CULBERTSON LLP
Attorneys for Defendant Isak Bajramovic
By: /s/ Robert J. Finley
Robert J. Finley
Suzanne Walsh
800 Third Avenue, 13th Floor
New York, NY 10022
Tel: (212) 471-6200
Of Counsel:
Albert C. Angelo
151 N. Franklin Street, Suite 2500
Chicago, IL 60606
Tel: (312) 704-3000
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VERIFICATION
I am associated with the law firm Hinshaw & Culbertson LLP, attorneys for Defendant
Isak Bajramovic. I have read the foregoing Verified Answer to Plaintiffs’ Complaint and know
the contents thereof, and that the same are true to my information, knowledge, and belief, based
on information in my file,except those matters therein which are stated upon information and
belief, and as to those matters I believe them to be true. The reason this Verification is made by
me and not by Isak Bajramovic is that said Defendant resides outside the County of New York
where I maintain my office.
Dated: New York, New York
December 23, 2019
s /Suzanne Walsh
Suzanne Walsh
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FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARGHERITA CLARK, Index No. 157015/2019 Plaintiff, -against- ANSWER TO VERIFIED ISAK BAJRAMOVIC, RAISER-NY, LLC, UBER COMPLAINT TECHNOLOGIES, INC. and RAISER, LLC RAISER, Defendants. Defendant, Isak Bajramovic, (hereinafter “Defendant” or “Bajramovic”) by and through their attorneys, Hinshaw & Culbertson LLP for its Answer to Plaintiff’s Verified Complaint states as follows: 1. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 2. Admits the allegation contained in Paragraph 2 of Plaintiff’s Verified Complaint. 3. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 4. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 5. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 6. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 7. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 1024081\304885163.v1 1 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 8. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 9. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 10. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 11. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 12. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 13. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 14. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 15. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 16. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 17. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 18. Defendant denies having knowledge or information sufficient to form a belief as to the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 19. Admits the allegations in Paragraph 19 of Plaintiff’s Verified Complaint. 2 1024081\304885163.v1 2 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 20. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 21. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 22. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 23. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 24. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 25. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 26. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 27. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 28. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 29. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 30. Defendant admits he was operating the motor vehicle with his consent as owner and denies each and every remaining allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 3 1024081\304885163.v1 3 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 31. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 32. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 33. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 34. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 35. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 36. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 37. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 38. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 39. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 40. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 41. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 4 1024081\304885163.v1 4 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 42. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 43. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 44. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 45. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 46. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 47. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 48. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 49. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 50. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 51. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 52. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 5 1024081\304885163.v1 5 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 53. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 54. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 55. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 56. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 57. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 58. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 59. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 60. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 61. Defendant denies having knowledge or information sufficient to form a belief as to the allegations in this Paragraph of Plaintiff’s Verified Complaint. 62. Defendant denies having knowledge or information sufficient to form a belief as to the allegations in this Paragraph of Plaintiff’s Verified Complaint, but admits on January 19, 2019 at approximately 10:40PM, Defendant was operating his motor vehicle bearing New York license plate number HRR2651. 6 1024081\304885163.v1 6 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 63. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 64. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint but admits on January 19, 2019 at approximately 10:40PM there was contact with Defendant’s motor vehicle bearing New York license plate number HRR2651. 65. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 66. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 67. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 68. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 69. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 70. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 71. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 72. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 73. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 7 1024081\304885163.v1 7 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 74. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 75. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 76. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 77. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. AS TO PLAINTIFF’S FIRST CAUSE OF ACTION vs. BAJRAMOVIC 78. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if fully set forth at length herein. 79. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. 80. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 81. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 82. Defendant denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint and respectfully leaves all questions of law to the Court. AS TO PLAINTIFF’S SECOND CAUSE OF ACTION vs. RASIER-NY, LLC 83. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if fully set forth at length herein. 8 1024081\304885163.v1 8 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 84. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 85. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 86. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 87. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S THIRD CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC. 88. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if fully set forth at length herein. 89. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 90. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 91. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 92. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S FOURTH CAUSE OF ACTION vs. “RASIER LLC RASIER” 93. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if fully set forth at length herein. 9 1024081\304885163.v1 9 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 94. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 95. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 96. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 97. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S FIFTH CAUSE OF ACTION vs. RASIER-NY, LLC 98. Defendant repeats, realleges and incorporates all prior responses to the allegations in Plaintiff’s Verified Complaint as if fully set forth herein. 99. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 100. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 101. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 102. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 103. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S SIXTH CAUSE OF ACTION vs. RASIER-NY, LLC 10 1024081\304885163.v1 10 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 104. Defendant repeats, realleges and incorporates all prior responses to the allegations in Plaintiff’s Verified Complaint as if fully set forth herein. 105. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 106. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 107. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S SEVENTH CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC. 108. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if set forth fully herein. 109. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 110. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 111. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 112. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 113. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S EIGHTH CAUSE OF ACTION vs. UBER TECHNOLOGIES, INC. 114. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if set forth fully herein. 11 1024081\304885163.v1 11 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 115. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 116. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 117. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S NINTH CAUSE OF ACTION vs. “RASIER LLC RASIER” 118. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if set forth fully herein. 119. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 120. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 121. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 122. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 123. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS TO PLAINTIFF’S TENTH CAUSE OF ACTION vs. “RASIER LLC RASIER” 124. Defendant repeats, reiterates and incorporates all prior responses to the allegations contained in Plaintiff’s Verified Complaint as if set forth fully herein. 12 1024081\304885163.v1 12 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 125. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 126. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. 127. Denies the allegations contained in this Paragraph of Plaintiff’s Verified Complaint. AS AN FOR A FIRST AFFIRMATIVE DEFENSE Plaintiff failed to mitigate, obviate, diminish, or otherwise act to lessen or reduce the injuries, damages or disabilities alleged in the Verified Complaint. AS AND FOR A SECOND AFFIRMATIVE DEFENSE Plaintiff is precluded from maintaining this action by Insurance Law Article 51 in that Plaintiff has failed to sustain a serious injury or economic loss greater than the basic economic loss as defined by that law. AS AND FOR A THIRD AFFIRMATIVE DEFENSE That the respective liability, ifany, of the Defendant answering herein does not exceed fifty percent (50%) of the liability assigned to all persons and that the liability, if any, of this Defendant for non-economic loss is limited pursuant to Article 16 of the CPLR. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE In the event Plaintiff recovers a verdict or judgment against this Defendant, said verdict or judgment must be reduced pursuant to CPLR §4545 by those amounts which have been or will, with reasonable certainty, replace or indemnify plaintiff in whole or in part, for any past or future claimed economic loss from any collateral source such as insurance, social security, workers’ compensation, or employee benefit programs. 13 1024081\304885163.v1 13 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE The damages allegedly sustained or suffered by the Plaintiff at the time and place and on the occasion alleged in Plaintiff’s Verified Complaint were proximately caused in whole by the carelessness, recklessness, negligence and/or negligent acts of people or entities for which the Answering Defendant has no control. Plaintiff’s damages were not proximately caused by any negligence on the part of the Answering Defendant herein. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, this Defendant will be entitled to protection under General Obligation Law §15-108 and the corresponding reduction of any damages which may be determined to be due against this defendant. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE That the liability of this defendant, if any, is limited to the percentage of culpability found against them by virtue of the fault of the other parties (both named and unnamed) and in accordance with the laws of the State of New York. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE To the extent Plaintiff failed to use, failed to use properly, or misused the available seat belts or other applicable safety devices, Plaintiff’s injuries were either sustained and/or aggravated by their own conduct. AS AND FOR A NINTH AFFIRMATIVE DEFENSE The Answering Defendant is entitled to limitation of liability pursuant to Article 16 of the CPLR. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Plaintiff’s Verified Complaint fails to state a cause of action against the answering Defendant. 14 1024081\304885163.v1 14 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Any damages and/or injuries sustained by Plaintiff at the time and place alleged in the Verified Complaint were the result of the assumption of risk by Plaintiff. WHEREFORE, Defendant Isak Bajramovic prays that this Honorable Court dismiss Plaintiff’s Verified Complaint with prejudice, or in the alternative, diminution of damages based upon culpable conduct of Plaintiff, and for such other, further and different relief as this Court may deem just and proper. Dated: New York, New York January 2, 2020 HINSHAW & CULBERTSON LLP Attorneys for Defendant Isak Bajramovic By: /s/ Robert J. Finley Robert J. Finley Suzanne Walsh 800 Third Avenue, 13th Floor New York, NY 10022 Tel: (212) 471-6200 Of Counsel: Albert C. Angelo 151 N. Franklin Street, Suite 2500 Chicago, IL 60606 Tel: (312) 704-3000 15 1024081\304885163.v1 15 of 16 FILED: NEW YORK COUNTY CLERK 01/02/2020 09:54 PM INDEX NO. 157015/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 01/02/2020 VERIFICATION I am associated with the law firm Hinshaw & Culbertson LLP, attorneys for Defendant Isak Bajramovic. I have read the foregoing Verified Answer to Plaintiffs’ Complaint and know the contents thereof, and that the same are true to my information, knowledge, and belief, based on information in my file,except those matters therein which are stated upon information and belief, and as to those matters I believe them to be true. The reason this Verification is made by me and not by Isak Bajramovic is that said Defendant resides outside the County of New York where I maintain my office. Dated: New York, New York December 23, 2019 s /Suzanne Walsh Suzanne Walsh 16 1024081\304885163.v1 16 of 16