Preview
FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____--------- -------------------X
MANUEL CASTRO, VERIFIED ANSWER
Plaintiff,
Index No. 157017/2019
-against-
NATHANIEL BECOATE and CERTIFIED TESTING
LABORATORIES, INC.,
Defendant.
------------- -=------------------------------------X
The Defeñdants, NATHANIEL BECOATE and CERTIFIED TESTING
LABORATORIES, INC., by their attorneys, MANSON & MCCARTHY, as and for a
Verified Answer to the Verified Complaint of the Plaintiff herein, alleges, as follows:
ANSWERING THE FIRST CAUSE OF ACTION
1. Defendants deny any knowledge or information sufficient to form a belief
"SEVENTH"
as to the allegadons set forth in paragraphs numbered of the Verified
Complaint.
2. Defendants admit the allegãtions contained in paragraphs numbered
"FIRST", "SECOND", "THIRD", "FOURTH", "FIFTH", "SIXTH", "EIGHTH",
"NINTH" "TENTH"
and of the Verified Complaint,
3. Defendants deny, upon information and belief, each and every allegation
"ELEVEN" "TWELVE"
set forth in paragraph numbered and of the Verified Complaiñt.
4. Defendants deny any knowledge or information sufficient to form a belief
"FOURTEEN"
as to the allegations set forth in paragraph numbered and "of the Verified
Complaint, and respectfully refer all question of law to the Court.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019
5. Defendants deny, upon information and belief, each and every allegation
"THIRTEEN"
set forth in paragraph numbered of the Verified Complaiñt, and
respectfully refer allquestions of law to the Court.
ANSWERING THE SECOND CAUSE OF ACTION
4. Defendant repeats, reiterates and realleges each and every admission and
"FIRST" "FOURTEEN"
denial set forth in paragraphs numbered through of the Verified
Complaint inclusive with the same force and effect as if set forth herein at length in
"FIFTEEN"
answer to paragraph designated of the Verified Complaint.
5. Defendants deny, upon information and belief, each and every allegation
"SIXTEEN" "SEVENTEEN"
set forth in paragraph numbered and of the Verified
and refer all quantians of law to the Court.
Complaint, respectfully
AS AND FOR A FIRST SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
6. That if the occurrence as alleged in the Complaint occurred at all, itwas
caused completely or partially by the culpable conduct of the Plaintiff and not by the
herein Defendants, and the Defeñdaats seek a dismissal or reduction in any recovery had
the Plaintiff in proportion to which the culpable conduct attributable to the Plaintiff
by
bears to the culpable conduct which caused the damages.
AS AND FOR A SECOND SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
7. That the Verified Complaint fails to state a cause of action upon which
relief can be granted virtue of the fact that Plaintiff has failed to cuctain serious
by
injuries for which Plaintiff is entitled to compensation as defined in Section 5102 of the
Insurance Law and are therefore not entitled to relief by this Court.
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AS AND FOR A THIRD SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
8. With respect to damages only, the Plaintiff was not using seatbelts and/or
shoulder harnesses, ãlthough these, and/or either of them were apparent and available to
the Plaintiff, and the lack of use thereof was a factor contributing to the injuries of the
Plaintiff.
AS AND FOR A FOURTH SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
9. That the Court lacks personal jurisdiction over the defendants, because of
improper service of the Summons and Complaint.
AS AND FOR A FIFTH SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
10. That the plaintiff failed to mitigate and/or reduce and/or eliminate her
damages and losses, if any, as alleged in the Verified Complaint.
AS AND FOR A SIXTH SEPARATE
AND COMPLETE AFFIRMATIVE DEFENSE
11. That in the event the Plaintiff has judgment as against the Defeñdants, said
Defendants are entitled to a set-off, or a reduction of any such damage award, liability for
which is expressly denied, for amounts received from any collateral source pursuant to
Section 4545 (c) of the CPLR.
WHEREFORE, the Defendants demand judgment dismicaing Plaintiff's
complaint against the Defendants, together with costs and disbursements of this action.
Dated: Middletown, NY
August 24, 2019
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Yours, etc.,
MANSON & McCARTHY
Attorneys for Defendants
NATHANIEL BECOATE
and CERTIFIED TESTING LABORATORIES, INC.
90 Crystal Run Road, Suite 405
Middletown, NY 10941
(845) 692-9700 .
WILLIAM ? MAGLIANO
TO: LAW OFFICE OF AMI MORGENSTERN
Attorneys for Plaintiff
PO Box 3223
Astoria, NY 11103-0223
(718) 777-9595
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V E R I F I C A T I O N
STATE OF NEW YORK )
:ss:
COUNTY OF NEW YORK )
I the üñdersigned, am an attorney admitted to practice in the courts of New York
State, and say that:
I am the attorney of record, or of counsel with the attorney of record for
Defendants, NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES,
INC..
I have read the annexed ANSWER, know the contents thereof, and the same are
true to my knowledge, except those matters therein which are stated to be alleged on
information and belief and, as to those matters, I believe them to be true. My belief as to
those matters therein not stated upon knowledge, is based upon the following:
correspandence and information contained in the file maintained by your
affirmant's office.
The reason I make this affirmation instead of Defendants is because said
Defendants do not reside and/or have an office to conduct business within the County
wherein your affirmant's law offices are located.
Dated: Middletown, NY
August 21, 2019
William A. agliano
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019
C E R T I F IC A T I O N
Date: August 21, 2019
TITLE:
MANUEL CASTRO
NATHANIEL BECOATE and CERTIFIED TESTING
LABORATORIES, INC.
Index No. 157017/2019
Claim No. 19-00072303-04
Pursuant to 22 NYCRR 130-1.1-a of the Rules of the Chief Administrator, the signature
of the attorney set forth below is certification of the following items:
ANSWER; DEMAND FOR VERIFIED BILL OF PARTICULARS; COMBINED
DISCOVERY DEMANDS; DEMAND FOR MEDICARE/MEDICAID
INFORMATION; DEMAND FOR STATEMENT OF DAMAGES; an NOTICE TO
TAKE ORAL DEPOSITION.
By: William . agliano
MANSON McCARTHY
Attorneys for Defendants
NATHANIEL BECOATE
and CERTIFIED TESTING LABORATORIES, INC.
90 Crystal Run Road, Suite 405
Middletown, NY 10941
845) 692-9700
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Preview
FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____--------- -------------------X MANUEL CASTRO, VERIFIED ANSWER Plaintiff, Index No. 157017/2019 -against- NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC., Defendant. ------------- -=------------------------------------X The Defeñdants, NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC., by their attorneys, MANSON & MCCARTHY, as and for a Verified Answer to the Verified Complaint of the Plaintiff herein, alleges, as follows: ANSWERING THE FIRST CAUSE OF ACTION 1. Defendants deny any knowledge or information sufficient to form a belief "SEVENTH" as to the allegadons set forth in paragraphs numbered of the Verified Complaint. 2. Defendants admit the allegãtions contained in paragraphs numbered "FIRST", "SECOND", "THIRD", "FOURTH", "FIFTH", "SIXTH", "EIGHTH", "NINTH" "TENTH" and of the Verified Complaint, 3. Defendants deny, upon information and belief, each and every allegation "ELEVEN" "TWELVE" set forth in paragraph numbered and of the Verified Complaiñt. 4. Defendants deny any knowledge or information sufficient to form a belief "FOURTEEN" as to the allegations set forth in paragraph numbered and "of the Verified Complaint, and respectfully refer all question of law to the Court. 1 of 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 5. Defendants deny, upon information and belief, each and every allegation "THIRTEEN" set forth in paragraph numbered of the Verified Complaiñt, and respectfully refer allquestions of law to the Court. ANSWERING THE SECOND CAUSE OF ACTION 4. Defendant repeats, reiterates and realleges each and every admission and "FIRST" "FOURTEEN" denial set forth in paragraphs numbered through of the Verified Complaint inclusive with the same force and effect as if set forth herein at length in "FIFTEEN" answer to paragraph designated of the Verified Complaint. 5. Defendants deny, upon information and belief, each and every allegation "SIXTEEN" "SEVENTEEN" set forth in paragraph numbered and of the Verified and refer all quantians of law to the Court. Complaint, respectfully AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 6. That if the occurrence as alleged in the Complaint occurred at all, itwas caused completely or partially by the culpable conduct of the Plaintiff and not by the herein Defendants, and the Defeñdaats seek a dismissal or reduction in any recovery had the Plaintiff in proportion to which the culpable conduct attributable to the Plaintiff by bears to the culpable conduct which caused the damages. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 7. That the Verified Complaint fails to state a cause of action upon which relief can be granted virtue of the fact that Plaintiff has failed to cuctain serious by injuries for which Plaintiff is entitled to compensation as defined in Section 5102 of the Insurance Law and are therefore not entitled to relief by this Court. 2 of 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 8. With respect to damages only, the Plaintiff was not using seatbelts and/or shoulder harnesses, ãlthough these, and/or either of them were apparent and available to the Plaintiff, and the lack of use thereof was a factor contributing to the injuries of the Plaintiff. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 9. That the Court lacks personal jurisdiction over the defendants, because of improper service of the Summons and Complaint. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 10. That the plaintiff failed to mitigate and/or reduce and/or eliminate her damages and losses, if any, as alleged in the Verified Complaint. AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 11. That in the event the Plaintiff has judgment as against the Defeñdants, said Defendants are entitled to a set-off, or a reduction of any such damage award, liability for which is expressly denied, for amounts received from any collateral source pursuant to Section 4545 (c) of the CPLR. WHEREFORE, the Defendants demand judgment dismicaing Plaintiff's complaint against the Defendants, together with costs and disbursements of this action. Dated: Middletown, NY August 24, 2019 3 of 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 Yours, etc., MANSON & McCARTHY Attorneys for Defendants NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC. 90 Crystal Run Road, Suite 405 Middletown, NY 10941 (845) 692-9700 . WILLIAM ? MAGLIANO TO: LAW OFFICE OF AMI MORGENSTERN Attorneys for Plaintiff PO Box 3223 Astoria, NY 11103-0223 (718) 777-9595 4 of 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 V E R I F I C A T I O N STATE OF NEW YORK ) :ss: COUNTY OF NEW YORK ) I the üñdersigned, am an attorney admitted to practice in the courts of New York State, and say that: I am the attorney of record, or of counsel with the attorney of record for Defendants, NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC.. I have read the annexed ANSWER, know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief and, as to those matters, I believe them to be true. My belief as to those matters therein not stated upon knowledge, is based upon the following: correspandence and information contained in the file maintained by your affirmant's office. The reason I make this affirmation instead of Defendants is because said Defendants do not reside and/or have an office to conduct business within the County wherein your affirmant's law offices are located. Dated: Middletown, NY August 21, 2019 William A. agliano 5 of 6 FILED: NEW YORK COUNTY CLERK 08/27/2019 04:21 PM INDEX NO. 157017/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/27/2019 C E R T I F IC A T I O N Date: August 21, 2019 TITLE: MANUEL CASTRO NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC. Index No. 157017/2019 Claim No. 19-00072303-04 Pursuant to 22 NYCRR 130-1.1-a of the Rules of the Chief Administrator, the signature of the attorney set forth below is certification of the following items: ANSWER; DEMAND FOR VERIFIED BILL OF PARTICULARS; COMBINED DISCOVERY DEMANDS; DEMAND FOR MEDICARE/MEDICAID INFORMATION; DEMAND FOR STATEMENT OF DAMAGES; an NOTICE TO TAKE ORAL DEPOSITION. By: William . agliano MANSON McCARTHY Attorneys for Defendants NATHANIEL BECOATE and CERTIFIED TESTING LABORATORIES, INC. 90 Crystal Run Road, Suite 405 Middletown, NY 10941 845) 692-9700 6 of 6