Preview
FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-X
OSCAR A. SOSA, Index No.: 157001/2019
Plaintiff,
- against - VERIFIED ANSWER
85 TENTH AVENUE ASSOCIATES, L.L.C.,
Defendant.
-X
Defendant 85 TENTH AVENUE ASSOCIATES, L.L.C. (“85 TENTH”), by its
attorneys, LONDON FISCHER LLP, as and for its Verified Answer to the Verified Complaint,
alleges, upon information and belief, as follows:
FIRST: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegation contained in paragraph “1” of the Verified Complaint
SECOND: Denies each and every allegation contained in paragraphs “2”, “3”
and “4” of the Verified Complaint.
THIRD: Admits so much of the allegations contained in paragraph “5” of
the Verified Complaint that on June 10, 2019, 85 TENTH was and stillis a foreign limited
liability company authorized to do business in the State of New York, otherwise denies each and
every allegation contained in paragraph “5” of the Verified Complaint.
FOURTH: Admits so much of the allegations contained in paragraph “6” of
the Verified Complaint that on June 10, 2019, 85 TENTH was the owner of property known as
85 Tenth Avenue in New York, New York (Block 0687, Lot 29) (hereinafter referred to as the
“premises”), otherwise denies each and every allegation contained in paragraph “6” of the
Verified Complaint.
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FIFTH; Admits so much of the allegations contained in paragraph “7” of
the Verified Complaint that on June 10, 2019, 85 TENTH leased portions of the premises,
otherwise denies each and every allegation contained in paragraph “7” of the Verified Complaint.
SIXTH: Denies each and every allegation contained in paragraphs “8”, “9”,
“10”, “11”, “12”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the Verified Complaint
and respectfully refers all questions of law to the Court.
SEVENTH: Denies each and every allegation contained in paragraph “13” of
the Verified Complaint in the form alleged.
EIGHTH: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegation contained in paragraph “14” of the Verified Complaint and
respectfully refers all questions of law to the Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
NINTH: Whatever injuries and/or damages Plaintiff may have sustained at the
time and place mentioned in the Verified Complaint and/or as a result of the occurrence alleged in
the Verified Complaint, all of which is denied by 85 TENTH, were caused in whole or in part by
the culpable conduct of Plaintiff The amount of damages recovered, if any, shall therefore be
diminished in the proportion which the culpable conduct, attributable to Plaintiff, bears to the
culpable conduct which caused said injuries.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TENTH: Each risk and danger of loss or damage connected with the situation
alleged in the Verified Complaint were at the time and place mentioned obvious and apparent and
were known by Plaintiff and voluntarily assumed by Plaintiff
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
ELEVENTH: The injuries and damages alleged were caused by the culpable
conduct of some third person or persons over whom 85 TENTH neither had nor exercised control.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TWELFTH: The liabilityof 85 TENTH, if any, is limited by the provisions of
Article 16 of the Civil Practice Law and Rules.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THIRTEENTH: Plaintiff failed to mitigate his damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
FOURTEENTH: Any verdict, judgment or decision that might be obtained by
Plaintiff against 85 TENTH shall be reduced by the amount of any collateral source payments
received by Plaintiff pursuant to CPLR § 4545(c) as determined by the Court.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
FIFTEENTH: Pursuant to CPLR Article 508, the damages, if any, sustained by
Plaintiff shall be reduced and adjusted in accordance with said Article.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
SIXTEENTH: The Complaint fails to state a cause of action.
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019
WHEREFORE, 85 TENTH AVENUE ASSOCIATES, L.L.C. hereby demands
judgment dismissing the Verified Complaint, together with the costs and disbursements of this
action, including attorneys' fees, and for such other, further and different relief as this Court deems
just and proper.
Dated: New York, New York
October 10, 2019
LONDON FISCHER LLP
By: 0
Juli6 Bernstein
Attorneys for Defendant
85 TENTH AVENUE
ASSOCIATES, L.L.C.
59 Maiden Lane
New York, New York 10038
(212) 972-1000
TO:
GINARTE GALLARDO
GONZALEZ WINOGRAD, L.L.P.
Attorneys for Plaintiff
OSCAR A. SOSA
The Woolworth Building
233 Broadway, Suite 2405
New York, NY 10279
(212) 601-9700
(Nt552732.1
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Re: Oscar A. Sosa v. 85 Tenth Avenue Associates, L.L.C.
Our File No.: 568.049
VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK)
Jennifer McCool, being duly sworn, deposes and says:
That deponent provides this verification as Chief Legal Officer of 85 Tenth Avenue
Associates, L.L.C. (“85 Tenth”). Deponent has read the foregoing Verified Answer to the Verified
Complaint and knows after consulting counsel the contents thereof and the same is true to
deponent’s own knowledge, except as to the matters therein stated to he alleged upon information
and belief, and as to those matters deponent believes them to be true.
This verification is made hy deponent because 85 Tenth’s offices are within the same
county as its counsel.
The grounds of deponent’s belief as to all matters not stated upon deponent’s own
knowledge are discussions with counsel and/or information available to deponent in her capacity
as Chief Legal Officer. .
Subscribed and sworn to before me
this day of 2019
NOTARY PUBLIC ^
' CORINE M COLLIGAN
Notary Public, State of New York
Registration #0.1006014998
Qualified In New York County
C?ommisSion Expires October
1N1552758 1 |
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Preview
FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X OSCAR A. SOSA, Index No.: 157001/2019 Plaintiff, - against - VERIFIED ANSWER 85 TENTH AVENUE ASSOCIATES, L.L.C., Defendant. -X Defendant 85 TENTH AVENUE ASSOCIATES, L.L.C. (“85 TENTH”), by its attorneys, LONDON FISCHER LLP, as and for its Verified Answer to the Verified Complaint, alleges, upon information and belief, as follows: FIRST: Denies having knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph “1” of the Verified Complaint SECOND: Denies each and every allegation contained in paragraphs “2”, “3” and “4” of the Verified Complaint. THIRD: Admits so much of the allegations contained in paragraph “5” of the Verified Complaint that on June 10, 2019, 85 TENTH was and stillis a foreign limited liability company authorized to do business in the State of New York, otherwise denies each and every allegation contained in paragraph “5” of the Verified Complaint. FOURTH: Admits so much of the allegations contained in paragraph “6” of the Verified Complaint that on June 10, 2019, 85 TENTH was the owner of property known as 85 Tenth Avenue in New York, New York (Block 0687, Lot 29) (hereinafter referred to as the “premises”), otherwise denies each and every allegation contained in paragraph “6” of the Verified Complaint. {N1552732.1 } 1 of 5 FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019 FIFTH; Admits so much of the allegations contained in paragraph “7” of the Verified Complaint that on June 10, 2019, 85 TENTH leased portions of the premises, otherwise denies each and every allegation contained in paragraph “7” of the Verified Complaint. SIXTH: Denies each and every allegation contained in paragraphs “8”, “9”, “10”, “11”, “12”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the Verified Complaint and respectfully refers all questions of law to the Court. SEVENTH: Denies each and every allegation contained in paragraph “13” of the Verified Complaint in the form alleged. EIGHTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph “14” of the Verified Complaint and respectfully refers all questions of law to the Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE NINTH: Whatever injuries and/or damages Plaintiff may have sustained at the time and place mentioned in the Verified Complaint and/or as a result of the occurrence alleged in the Verified Complaint, all of which is denied by 85 TENTH, were caused in whole or in part by the culpable conduct of Plaintiff The amount of damages recovered, if any, shall therefore be diminished in the proportion which the culpable conduct, attributable to Plaintiff, bears to the culpable conduct which caused said injuries. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TENTH: Each risk and danger of loss or damage connected with the situation alleged in the Verified Complaint were at the time and place mentioned obvious and apparent and were known by Plaintiff and voluntarily assumed by Plaintiff {N1552732,l } 2 of 5 FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019 AS AND FOR A THIRD AFFIRMATIVE DEFENSE ELEVENTH: The injuries and damages alleged were caused by the culpable conduct of some third person or persons over whom 85 TENTH neither had nor exercised control. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TWELFTH: The liabilityof 85 TENTH, if any, is limited by the provisions of Article 16 of the Civil Practice Law and Rules. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIRTEENTH: Plaintiff failed to mitigate his damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE FOURTEENTH: Any verdict, judgment or decision that might be obtained by Plaintiff against 85 TENTH shall be reduced by the amount of any collateral source payments received by Plaintiff pursuant to CPLR § 4545(c) as determined by the Court. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE FIFTEENTH: Pursuant to CPLR Article 508, the damages, if any, sustained by Plaintiff shall be reduced and adjusted in accordance with said Article. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE SIXTEENTH: The Complaint fails to state a cause of action. {N1552732.1 } 3 of 5 FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019 WHEREFORE, 85 TENTH AVENUE ASSOCIATES, L.L.C. hereby demands judgment dismissing the Verified Complaint, together with the costs and disbursements of this action, including attorneys' fees, and for such other, further and different relief as this Court deems just and proper. Dated: New York, New York October 10, 2019 LONDON FISCHER LLP By: 0 Juli6 Bernstein Attorneys for Defendant 85 TENTH AVENUE ASSOCIATES, L.L.C. 59 Maiden Lane New York, New York 10038 (212) 972-1000 TO: GINARTE GALLARDO GONZALEZ WINOGRAD, L.L.P. Attorneys for Plaintiff OSCAR A. SOSA The Woolworth Building 233 Broadway, Suite 2405 New York, NY 10279 (212) 601-9700 (Nt552732.1 4 of 5 FILED: NEW YORK COUNTY CLERK 10/10/2019 04:32 PM INDEX NO. 157001/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/10/2019 Re: Oscar A. Sosa v. 85 Tenth Avenue Associates, L.L.C. Our File No.: 568.049 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK) Jennifer McCool, being duly sworn, deposes and says: That deponent provides this verification as Chief Legal Officer of 85 Tenth Avenue Associates, L.L.C. (“85 Tenth”). Deponent has read the foregoing Verified Answer to the Verified Complaint and knows after consulting counsel the contents thereof and the same is true to deponent’s own knowledge, except as to the matters therein stated to he alleged upon information and belief, and as to those matters deponent believes them to be true. This verification is made hy deponent because 85 Tenth’s offices are within the same county as its counsel. The grounds of deponent’s belief as to all matters not stated upon deponent’s own knowledge are discussions with counsel and/or information available to deponent in her capacity as Chief Legal Officer. . Subscribed and sworn to before me this day of 2019 NOTARY PUBLIC ^ ' CORINE M COLLIGAN Notary Public, State of New York Registration #0.1006014998 Qualified In New York County C?ommisSion Expires October 1N1552758 1 | 5 of 5