On June 25, 2019 a
Answer
was filed
involving a dispute between
Kleo Kammas,
Pantelis Kammas,
and
Aii Acquisition Corporation, Llc, Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company,
American International Industries, Inc.,
A.O. Smith Water Products,
Armstrong International, Inc.,
Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc.,
Aurora Pump Company,
Burnham Corporation,
Carrier Corporation,
Cbs Corporation, A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,
Certain-Teed Corporation,
Cleaver-Brooks Company F K A Aqua-Chem, Inc.,
Columbia Boiler Company Of Pottstown,
Compudyne Corporation, Individually And As Successor To York-Shipley,
Crane Co.,
Crown Boiler Co.,
Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers,
Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company,
Foster Wheeler, Llc,
General Electric Company,
Goulds Pumps, Inc.,
Grinnell Corporation,
H.B. Smith Co., Inc.,
H.C. Oswald Supply Co., Inc.,
Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp.,
International Comfort Products Llc, Individually And As Successor To Heil Heating And Cooling,
I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett,
Jenkins Bros.,
J.H. France Refractories Company, Individually And As Successor To Greenpoint Firebrick,
Kohler Co.,
Lennox Industries, Inc., Individually And As Successor To Lennox Furnace Company And Ducane,
Metropolitan Life Insurance Co.,
Nash Engineering Company,
New Yorker Boiler Company, Inc.,
N & S Supply Of Fishkill, Inc.,
Pecora Corporation, Individually And As Successor To Pecora Corporation, New Pecora Corporation, And New Pecora Corporation, Inc.,
Peerless Industries, Inc.,
Pennco Inc.,
Rheem Manufacturing Company, Inc.,
Riley Power, Inc. F K A Babcock Borsig Power, Inc. And F K A Riley-Stoker Corporation D B A Db Riley, Inc.,
Rockwell Automation, Inc., Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Company’S Timken Silent Automatic Division,
Sid Harvey Industries, Inc.,
Sid Harvey Supply, Inc.,
Spence Engineering Company, Inc.,
Spencer Heater, A Lycoming Division Of Avco Corporation,
Taco, Inc.,
Texaco, Inc.,
Union Carbide Corporation,
Warren Pumps Llc, Individually And As Successor To The Quimby Pump Company,
Weil Mclain, A Division Of Marley-Wylain Company,
William Powell Company,
York International Corporation, Individually And As Successor To Frick Company,
for Torts - Asbestos
in the District Court of New York County.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
x
PANTELIS KAMMAS and KLEO KAMMAS, Index No.: 190153/2019
Plaintiffs, CROWN BOILER CO.'s
VERIFIED ANSWER TO
-v.- PLAINTIFF'S COMPLAINT AND
VERIFIED COMPLAINT,
A.O. SMITH WARTER PRODUCTS, ET AL., AFFIRMATIVE DEFENSES,
including, CROWN BOILER CO., CROSS-CLAIM AND ANSWER
TO CROSS-CLAIMS
Defendants.
x
Defendant CROWN BOILER CO., F/K/A CROWN INDUSTRIES, INC. ("Crown
Boiler"), by its attorneys Malaby & Bradley, LLC, hereby acknowledges receipt and answers
Plaintiff's Complaint (hereinafter the "Complaint") which said Complaint incorporates by
reference, and alleges, upon information and belief, as follows:
VERIFIED COMPLAINT
1. Crown Boiler denies knowledge or information sufficient to form a belief
as to the allegations contained in paragraphs 1 through 19 of the Complaint.
2. Crown Boiler denies knowledge or information sufficient to form a belief
as to the allegations contained in paragraph 20 of the Complaint except admits that Crown Boiler
is a foreign corporation that has done and/or transacted business in the State of New York.
3. Crown Boiler denies knowledge or information sufficient to form a belief
as to the allegations contained in paragraphs 21 through 64 of the Complaint.
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AS AND FOR A FIRST CAUSE OF ACTION
4. With regard to paragraph 65 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 64 of the Complaint
as is more fully set forth herein.
5. Crown Boiler denies knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraphs 66 through 73 (inclusive) of the
Complaint, including all sub-parts therein.
AS AND FOR A SECOND CAUSE OF ACTION
6. With regard to paragraph 74 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 73 of the Complaint
as is more fully set forth herein.
7. Crown Boiler denies the truth of the allegations contained in paragraphs
75 through 78 of the Complaint, including all sub-parts therein.
AS AND FOR A THIRD CAUSE OF ACTION
8. With regard to paragraph 79 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 78 of the Complaint
as is more fully set forth herein.
9. Crown Boiler denies the truth of the allegations contained in paragraphs
80 through 88 of the Complaint, including all sub-parts therein.
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AS AND FOR A FOURTH CAUSE OF ACTION
10. With regard to paragraph 89 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 88 of the Complaint
as is more fully set forth herein.
11. Crown Boiler denies the truth of the allegations contained in paragraphs
90 through 107 (inclusive) of the Complaint, including all sub-parts therein.
AS AND FOR A FIFTH CAUSE OF ACTION
12. With regard to paragraph 108 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 107 of the Complaint
as is more fully set forth herein.
13. Crown Boiler denies the truth of the allegations contained in paragraphs
109 through 115 of the Complaint, including allsub-parts therein.
AS AND FOR A SIXTH CAUSE OF ACTION
14. With regard to paragraph 116 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 115 of the Complaint
as is more fully set forth herein.
15. Crown Boiler denies the truth of the allegations contained in paragraphs
117 through 131 (inclusive) of the Complaint, including all sub-parts therein.
A_S AND FOR A SEVENTH CAUSE OF ACTION
16. With regard to paragraph 132 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 131 of the Complaint
as is more fully set forth herein.
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17. Crown Boiler denies the truth of the allegations contained in paragraphs
133 through 145 of the Complaint, including all sub-parts therein.
AS AND FOR A EIGHTH CAUSE OF ACTION
18. With regard to paragraph 146 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 145 of the Complaint
as is more fully set forth herein.
19. Crown Boiler denies the truth of the allegations contained in paragraphs
147 through 161 of the Complaint, including all sub-parts therein.
AS AND FOR A NINTH CAUSE OF ACTION
20. With regard to paragraph 162 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 161 of the Complaint
as is more fully set forth herein.
21. Crown Boiler denies the truth of the allegations contained in paragraphs
163 through 174 of the Complaint, including all sub-parts therein.
AS AND FOR A TENTH CAUSE OF ACTION
22. With regard to paragraph 175 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 174 of the Complaint
as is more fully set forth herein.
23. Crown Boiler denies the truth of the allegations contained in paragraph
176 of the Complaint, including all sub-parts therein.
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AS AND FO_R A ELEVENTH CAUSE OF ACTION
24. With regard to paragraph 177 of the Complaint, Crown Boiler repeats,
reiterates and realleges each and every response as to paragraphs 1 through 176 of the Complaint
as is more fully set forth herein.
25. Crown Boiler denies the truth of the allegations contained in paragraphs
178 and 179 of the Complaint, including all sub-parts therein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
26. The Complaint fails to state a cause of action upon which relief can be
granted against Crown Boiler.
AS AND FOR A SECOND AFFI_RMATIVE DEFENSE
Plaintiffs'
27. claims are time barred by reason of the Complaint is applicable
to statute(s) of limitations.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
28. In the event that Plaintiffs rely on New York Law, L. 1986 C. 682 Sections
4 and 12 as grounds for maintaining this action, these sections are unconstitutional and this
action is time barred.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Plaintiffs'
29. claims are barred by the operation of the doctrine of laches.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Plaintiffs'
30. claims are barred by the operation of the doctrine of estoppel.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
31. Plaintiffs have waived all claims against Crown Boiler.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
32. This Court lacks jurisdiction over the subject matter of this action.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
33. This Court lacks personal jurisdiction over Crown Boiler.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
34. The venue of this action is improper.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Plaintiffs'
35. lack the capacity, standing or authority to bring this action, in
whole or in part.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Plaintiffs'
36. claims are barred by the doctrines of res judicata and/or
collateral estoppel.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
Plaintiffs'
37. speculative, uncertain and/or contingent damages have not
accrued and are not recoverable.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
38. Joinder of individual Plaintiffs in this action is improper because they do
not assert any right to relief jointly, severally, or, in the alternative, do not arise out of the same
transaction, occurrence, or series of transactions or occurrences.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
39. This cause of action must be dismissed in the event Plaintiffs have another
action pending against Crown Boiler for the same cause of action in another court.
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AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
40. In the event Plaintiffs executed a settlement agreement releasing and
Plaintiffs'
discharging Crown Boiler from all claims arising out of alleged injuries, all claims
alleged by Plaintiffs should be dismissed.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
41. To the extent that Plaintiffs have given a release or covenant not to sue or
Plaintiffs'
not to enforce a judgment to an alleged co-tortfeasor of Crown Boiler, claims herein
are reduced to the extent of any amount stipulated by the release or covenant, in the amount of
the consideration paid for it, or in the amount of the released tortfeasor's equitable share of the
damages, whichever is greater.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
Plaintiffs'
42. were not injured by exposure to Crown Boiler's products.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
43. In the event that Plaintiffs were employed by any of the Defendants,
Plaintiffs'
sole and exclusive remedy is under the Worker's Compensation Law of the State of
New York.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
44. Insofar as the Complaint and each cause of action considered separately,
alleges a cause of action accruing on or after September 1, 1975 to recover damages for personal
injuries, the amount of damages recoverable thereon must be diminished by reason of the
culpable conduct attributable to Plaintiffs, including contributory negligence and assumption of
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risk, in the proportion which the culpable conduct attributable to Plaintiffs bear to the culpable
conduct which caused the damages.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
45. Insofar as the Complaint and each cause of action considered separately,
alleges a cause of action accruing on or after September 1, 1975 each such cause of action is
barred by reason of the culpable conduct attributable to Plaintiffs, including contributory
negligence and assumption of risk.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
46. To the extent that Plaintiffs were injured as alleged in the Complaint
which Crown Boiler denies, said injury was proximately caused by the negligence, breach of
warranty and/or strict liability of persons and/or entities other than Crown Boiler.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
47. To the extent that Plaintiffs were injured as alleged, in which Crown
Boiler denies such injury was the result of intervening and/or superseding acts or omissions of
parties over whom Crown Boiler had no control or right to control.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
Plaintiffs'
48. At all times relevant hereto, the knowledge of employer(s) were
superior to that of Crown Boiler with respect to possible health hazards associated with
Plaintiffs'
employment, and, therefore, ifthere was any duty to warn or provide protection to
Plaintiffs, itwas the duty of said employer, not of Crown Boiler, and breach of that duty was an
intervening and/or superseding cause of the injuries allegedly sustained by Plaintiffs.
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AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
49. At alltimes during the conduct of their corporate operations, the agents,
servants and/or employees of Crown Boiler used proper methods in their production activities in
conformity to the available knowledge and research of the scientific and industrial communities.
AS AND FOR_A_TWENTY-FIFTH AFFIRMATIVE DEFENSE
50. To the extent that Plaintiffs sustained injuries from the use of Crown
Boiler products, which Crown Boiler denies, such injuries resulted from the unforeseeable
misuse, abuse, alteration, modification, and/or unauthorized handling of the product by the
Plaintiffs, or by third-parties, over whom Crown Boiler had no control or right to control.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
51. Plaintiffs voluntarily assumed the risks associated with the use of or
exposure to the products at issue.
AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
52. Crown Boiler had no knowledge or reason to know of any alleged risks
associated with finished asbestos-containing products at any time during the purported peril
complained in the Complaint.
AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
53. Plaintiffs contributed to the injuries alleged by the use of other substances,
products, medications and drugs.
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AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
Plaintiffs'
54. injuries were caused directly, solely and proximately by
sensitivities, idiosyncracies, and other reactions peculiar to Plaintiffs and not found in the general
public, of which Crown Boiler neither knew, had reason to know, nor could have foreseen.
AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
55. As to all causes of action pleaded in the Complaint which are based upon
expressed or implied representations, such causes of action are legally insufficient as against
Crown Boiler as there was no privity of contract between Plaintiffs and Crown Boiler.
AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFEN_SE
56. Plaintiffs never purchased, directly or indirectly, any asbestos-containing
product or materials from Crown Boiler, nor did Plaintiffs ever received or relied upon any
representation allegedly made by Crown Boiler.
AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
57. Plaintiffs lack capacity and/or standing to maintain a claim for relief
against Crown Boiler with respect to injuries alleged to have been suffered by Plaintiffs.
AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
58. To the extent that the Plaintiffs were exposed to any product manufactured
by Crown Boiler, which Crown Boiler denies, said exposure was de minimis and not a
substantial contributing factor to any asbestos-related disease which Plaintiffs may have
developed, thus requiring dismissal of the Complaint against Crown Boiler.
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AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE
Plaintiffs' Plaintiffs'
59. claims are barred because of failure to join necessary
and indispensable parties.
AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE
60. To the extent that Plaintiffs are entitled to damages, which Crown Boiler
Workers'
denies, Crown Boiler is entitled to a set-off for all Compensation payments received by
Plaintiffs.
_AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE
61. In accordance with CPLR 1601, Crown Boiler's liability for non-economic
loss is limited to its equitable share of the total liability for non-economic loss.
AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE
62. In accordance with CPLR 4545, Crown Boiler is entitled to a set-off for
any past or future costs or expenses incurred or to be incurred by Plaintiffs for medical care,
custodial care of rehabilitation services, loss of earnings or other economic loss, which has been
or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral
source.
AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE
Plaintiffs'
63. actions are barred by the government contractor's defense
because Crown Boiler was a contractor supplying materials, labor and or services to the United
States Government.
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AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE
64. At allrelevant times, the state of the medical, scientific, and industrial
knowledge, the state of the art,practice, and prevailing industry standards regarding
asbestos-containing products was such that Crown Boiler neither knew, had reason to know, nor
could have known of any foreseeable or significant risk or harm to Plaintiffs in the normal or
expected use of Crown Boiler's products.
AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE
Plaintiffs'
65. Any injuries sustained by Plaintiffs resulted from alleged use of
or exposure to asbestos or asbestos-containing products manufactured and sold in strict
compliance with mandatory specifications established by persons or entities other than Crown
Boiler, including, without limitation, agencies, agents and departments of the United States,
which persons or entities possessed, at the time of such manufacture or sale, knowledge equal to
or greater than that of Crown Boiler concerning the properties and characteristics of asbestos and
asbestos-containing products.
AS AND FOR A FORTY-FIRST AFFIRMATIV_E DEFENSE
66. Any asbestos-containing Crown Boiler products were supplied according
to the purchaser's or user's specifications and standards.
AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE
67. Crown Boiler was under no legal duty to warn Plaintiffs of any hazards
from the use of any asbestos-containing products. The actual purchasers and/or those under the
purchasers' Plaintiffs'
control, employer(s), and the owners and lessors of the properties at which
Plaintiffs'
allege exposure to such products, were in a far better position to warn Plaintiffs and, if
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any such warning was legally required, which is expressly denied; their failure to do so was a
Plaintiffs'
superseding and proximate cause of alleged injuries.
AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE
68. Plaintiffs were reasonably and adequately warned of any alleged risks
associated with the use of or exposure to asbestos-containing products.
AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE
69. Timely and/or proper notice was not given to Crown Boiler as to any
alleged breach of warranty.
AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE
Plaintiffs'
70. To the extent claims are based on an alleged breach of warranty,
Plaintiffs did not rely on any warranty.
AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE
71. Any oral warranties upon which Plaintiffs allegedly relied are
inadmissable under the Statute of Frauds.
AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE
72. Any claims by Plaintiffs for exemplary and/or punitive damages are barred
because such damages are not recoverable or warranted.
AS AND FOR A FORTY-EIGHTH A_FFIRMATIVE DEFENSE
73. Crown Boiler's conduct was not reckless, malicious, willful or grossly
negligent, and consequently, Plaintiffs were not entitled to exemplary and/or punitive damages.
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AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE
74. Any claim for punitive damages is barred by the double jeopardy clause of
the Fifth Amendment to the United States Constitution, as applied to the states through the
Fourteenth Amendment, as Article I, Section 6 of the New York State Constitution.
AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE
75. Any claim for punitive damages is barred by the ex post facto clause of
Article I, Section 10 of the United States Constitution.
AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE
76. Any claim for punitive damages is barred by the proscription of Article I,
Section 5 of the New York State Constitution prohibiting the imposition of excessiveness.
AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE
77. To the extent the law of any other jurisdiction is applicable to this action,
any demand for punitive damages is barred by the applicable proscriptions of the constitution of
such jurisdiction.
AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE
78. All defenses which have been or will be asserted by other Defendants in
this action are adopted and incorporated by reference as if fully set forth herein. In addition,
Crown Boiler will rely upon any and all other further defenses which become available or appear
during discovery in this action and hereby specifically reserves itsright to amend itsanswer for
the purpose of asserting any such additional affirmative defenses.
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AS AND FOR A CROSS-CLAIM
AGAINST EACH OF THE OTHER DEFENDANTS
79. If damages were sustained at the time(s) and place(s) set forth in the
through any carelessness, recklessness and/or negligence other than that of Plaintiffs, including,
but not limited to, the manufacture and distribution of asbestos-containing products, breach of
warranty or misrepresentations, either express or implied, and/or through strict liability in tort,
such damages, in whole or in part, will have been caused and brought about by reason of the
carelessness, recklessness and/or negligence of each of the other Defendants named in this
action.
80. If Plaintiffs should recover a judgment against Crown Boiler, by operation
of law or otherwise, Crown Boiler will be entitled to judgment, contribution and/or
indemnification, in whole or in part, from each of the other Defendants named in this action,
their agents, servants and/or employees, by reason of their carelessness, recklessness, and/or
negligence for the amount of any such recovery, in accordance with principles of law regarding
apportionment of fault and damages, along with costs, disbursements and reasonable expenses of
the investigation and defense of this action, including reasonable attorney's fees.
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WHEREFORE, Defendant Crown Boiler demands judgment dismissing the Complaint as
to it,together with the costs and disbursements of this action, and, to the extent of any recovery
by Plaintiffs against Crown Boiler herein, further demands judgment for contribution and/or
indemnification against each of the other defendants named in the Complaint together with
Crown Boiler's costs and disbursements in this action.
ANSWER TO ALL CROSS-CLAIMS
Crown Boiler hereby answers the cross-claims of each of the other defendants
named in this action, however asserted or alleged, and say:
81. All cross-claims for contribution alleged against Crown Boiler by any
party Defendant are denied.
82. All cross-claims for indemnification alleged against Crown Boiler by any
party Defendant are denied.
83. All cross-claims for contractual indemnification alleged against Crown
Boiler by any party Defendant are denied.
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WHEREFORE, Defendant Crown Boiler demands judgment in its favor and against all
other Defendants and requests the Court to dismiss all cross-claims filed against Crown Boiler
with prejudice and award Crown Boiler its costs, attorney's fees and disbursements in this action.
Dated: New York, New York
July 29, 2019
By:
Eva S. Wayne
Malaby & Bradley, LLC
Attorneys for Defendant
Crown Boiler Co.
150 Broadway, Suite 600
New York, New York 10038
(212) 791-0285
To: Joseph W. Belluck, Esq.
Belluck & Fox, LLP
Attorneys for Plaintiffs
546 Fifth Avenue, 4th Floor
New York, New York 10036
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VERIFICATION
STATE OF NEW YORK )
: SS:
COUNTY OF NEW YORK )
Eva S. Wayne, being duly sworn, deposes and says that I am a partner with the
firm of Malaby & Bradley, LLC, having their offices at 150 Broadway, Suite 600, in the City,
County and State of New York, attorneys for defendant Crown Boiler Co., f/k/a Crown
Plaintiffs'
Industries, Inc., in the within action; that I have read the foregoing Verified Answer to
Verified Complaint, Affirmative Defenses, Cross-Claim and Answer to Cross-Claims of Crown
Boiler Co., f/k/a Crown Industries, Inc., and know the contents thereof; that the same is true upon
information and belief and I believe itto be true; that the grounds of my belief are public records,
records and documents currently in my possession pertaining to this matter, and conversations
with client's agents; and that the reason why this verification is made by me and not by said
defendant is that said defendant's principal place of business is located outside New York
County where Malaby & Bradley maintains its offices.
The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.
Dated: July 29, 2019
MALABY & BRADLEY, LLC
By:
Eva S. Wayne
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x PANTELIS KAMMAS and KLEO KAMMAS, Index No.: 190153/2019 Plaintiffs, CROWN BOILER CO.'s VERIFIED ANSWER TO -v.- PLAINTIFF'S COMPLAINT AND VERIFIED COMPLAINT, A.O. SMITH WARTER PRODUCTS, ET AL., AFFIRMATIVE DEFENSES, including, CROWN BOILER CO., CROSS-CLAIM AND ANSWER TO CROSS-CLAIMS Defendants. x Defendant CROWN BOILER CO., F/K/A CROWN INDUSTRIES, INC. ("Crown Boiler"), by its attorneys Malaby & Bradley, LLC, hereby acknowledges receipt and answers Plaintiff's Complaint (hereinafter the "Complaint") which said Complaint incorporates by reference, and alleges, upon information and belief, as follows: VERIFIED COMPLAINT 1. Crown Boiler denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 1 through 19 of the Complaint. 2. Crown Boiler denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 20 of the Complaint except admits that Crown Boiler is a foreign corporation that has done and/or transacted business in the State of New York. 3. Crown Boiler denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 21 through 64 of the Complaint. {00129528.} 1 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A FIRST CAUSE OF ACTION 4. With regard to paragraph 65 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 64 of the Complaint as is more fully set forth herein. 5. Crown Boiler denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 66 through 73 (inclusive) of the Complaint, including all sub-parts therein. AS AND FOR A SECOND CAUSE OF ACTION 6. With regard to paragraph 74 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 73 of the Complaint as is more fully set forth herein. 7. Crown Boiler denies the truth of the allegations contained in paragraphs 75 through 78 of the Complaint, including all sub-parts therein. AS AND FOR A THIRD CAUSE OF ACTION 8. With regard to paragraph 79 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 78 of the Complaint as is more fully set forth herein. 9. Crown Boiler denies the truth of the allegations contained in paragraphs 80 through 88 of the Complaint, including all sub-parts therein. {00129528.} 2 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A FOURTH CAUSE OF ACTION 10. With regard to paragraph 89 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 88 of the Complaint as is more fully set forth herein. 11. Crown Boiler denies the truth of the allegations contained in paragraphs 90 through 107 (inclusive) of the Complaint, including all sub-parts therein. AS AND FOR A FIFTH CAUSE OF ACTION 12. With regard to paragraph 108 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 107 of the Complaint as is more fully set forth herein. 13. Crown Boiler denies the truth of the allegations contained in paragraphs 109 through 115 of the Complaint, including allsub-parts therein. AS AND FOR A SIXTH CAUSE OF ACTION 14. With regard to paragraph 116 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 115 of the Complaint as is more fully set forth herein. 15. Crown Boiler denies the truth of the allegations contained in paragraphs 117 through 131 (inclusive) of the Complaint, including all sub-parts therein. A_S AND FOR A SEVENTH CAUSE OF ACTION 16. With regard to paragraph 132 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 131 of the Complaint as is more fully set forth herein. {00129528.} 3 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 17. Crown Boiler denies the truth of the allegations contained in paragraphs 133 through 145 of the Complaint, including all sub-parts therein. AS AND FOR A EIGHTH CAUSE OF ACTION 18. With regard to paragraph 146 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 145 of the Complaint as is more fully set forth herein. 19. Crown Boiler denies the truth of the allegations contained in paragraphs 147 through 161 of the Complaint, including all sub-parts therein. AS AND FOR A NINTH CAUSE OF ACTION 20. With regard to paragraph 162 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 161 of the Complaint as is more fully set forth herein. 21. Crown Boiler denies the truth of the allegations contained in paragraphs 163 through 174 of the Complaint, including all sub-parts therein. AS AND FOR A TENTH CAUSE OF ACTION 22. With regard to paragraph 175 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 174 of the Complaint as is more fully set forth herein. 23. Crown Boiler denies the truth of the allegations contained in paragraph 176 of the Complaint, including all sub-parts therein. {00129528.} 4 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FO_R A ELEVENTH CAUSE OF ACTION 24. With regard to paragraph 177 of the Complaint, Crown Boiler repeats, reiterates and realleges each and every response as to paragraphs 1 through 176 of the Complaint as is more fully set forth herein. 25. Crown Boiler denies the truth of the allegations contained in paragraphs 178 and 179 of the Complaint, including all sub-parts therein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 26. The Complaint fails to state a cause of action upon which relief can be granted against Crown Boiler. AS AND FOR A SECOND AFFI_RMATIVE DEFENSE Plaintiffs' 27. claims are time barred by reason of the Complaint is applicable to statute(s) of limitations. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 28. In the event that Plaintiffs rely on New York Law, L. 1986 C. 682 Sections 4 and 12 as grounds for maintaining this action, these sections are unconstitutional and this action is time barred. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Plaintiffs' 29. claims are barred by the operation of the doctrine of laches. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Plaintiffs' 30. claims are barred by the operation of the doctrine of estoppel. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 31. Plaintiffs have waived all claims against Crown Boiler. {00129528.} 5 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 32. This Court lacks jurisdiction over the subject matter of this action. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 33. This Court lacks personal jurisdiction over Crown Boiler. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 34. The venue of this action is improper. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Plaintiffs' 35. lack the capacity, standing or authority to bring this action, in whole or in part. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Plaintiffs' 36. claims are barred by the doctrines of res judicata and/or collateral estoppel. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Plaintiffs' 37. speculative, uncertain and/or contingent damages have not accrued and are not recoverable. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 38. Joinder of individual Plaintiffs in this action is improper because they do not assert any right to relief jointly, severally, or, in the alternative, do not arise out of the same transaction, occurrence, or series of transactions or occurrences. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 39. This cause of action must be dismissed in the event Plaintiffs have another action pending against Crown Boiler for the same cause of action in another court. {00129528.} 6 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 40. In the event Plaintiffs executed a settlement agreement releasing and Plaintiffs' discharging Crown Boiler from all claims arising out of alleged injuries, all claims alleged by Plaintiffs should be dismissed. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 41. To the extent that Plaintiffs have given a release or covenant not to sue or Plaintiffs' not to enforce a judgment to an alleged co-tortfeasor of Crown Boiler, claims herein are reduced to the extent of any amount stipulated by the release or covenant, in the amount of the consideration paid for it, or in the amount of the released tortfeasor's equitable share of the damages, whichever is greater. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiffs' 42. were not injured by exposure to Crown Boiler's products. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 43. In the event that Plaintiffs were employed by any of the Defendants, Plaintiffs' sole and exclusive remedy is under the Worker's Compensation Law of the State of New York. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 44. Insofar as the Complaint and each cause of action considered separately, alleges a cause of action accruing on or after September 1, 1975 to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to Plaintiffs, including contributory negligence and assumption of {00129528.} 7 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 risk, in the proportion which the culpable conduct attributable to Plaintiffs bear to the culpable conduct which caused the damages. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE 45. Insofar as the Complaint and each cause of action considered separately, alleges a cause of action accruing on or after September 1, 1975 each such cause of action is barred by reason of the culpable conduct attributable to Plaintiffs, including contributory negligence and assumption of risk. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 46. To the extent that Plaintiffs were injured as alleged in the Complaint which Crown Boiler denies, said injury was proximately caused by the negligence, breach of warranty and/or strict liability of persons and/or entities other than Crown Boiler. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 47. To the extent that Plaintiffs were injured as alleged, in which Crown Boiler denies such injury was the result of intervening and/or superseding acts or omissions of parties over whom Crown Boiler had no control or right to control. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE Plaintiffs' 48. At all times relevant hereto, the knowledge of employer(s) were superior to that of Crown Boiler with respect to possible health hazards associated with Plaintiffs' employment, and, therefore, ifthere was any duty to warn or provide protection to Plaintiffs, itwas the duty of said employer, not of Crown Boiler, and breach of that duty was an intervening and/or superseding cause of the injuries allegedly sustained by Plaintiffs. {00129528.} 8 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE 49. At alltimes during the conduct of their corporate operations, the agents, servants and/or employees of Crown Boiler used proper methods in their production activities in conformity to the available knowledge and research of the scientific and industrial communities. AS AND FOR_A_TWENTY-FIFTH AFFIRMATIVE DEFENSE 50. To the extent that Plaintiffs sustained injuries from the use of Crown Boiler products, which Crown Boiler denies, such injuries resulted from the unforeseeable misuse, abuse, alteration, modification, and/or unauthorized handling of the product by the Plaintiffs, or by third-parties, over whom Crown Boiler had no control or right to control. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE 51. Plaintiffs voluntarily assumed the risks associated with the use of or exposure to the products at issue. AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE 52. Crown Boiler had no knowledge or reason to know of any alleged risks associated with finished asbestos-containing products at any time during the purported peril complained in the Complaint. AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE 53. Plaintiffs contributed to the injuries alleged by the use of other substances, products, medications and drugs. {00129528.} 9 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE Plaintiffs' 54. injuries were caused directly, solely and proximately by sensitivities, idiosyncracies, and other reactions peculiar to Plaintiffs and not found in the general public, of which Crown Boiler neither knew, had reason to know, nor could have foreseen. AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE 55. As to all causes of action pleaded in the Complaint which are based upon expressed or implied representations, such causes of action are legally insufficient as against Crown Boiler as there was no privity of contract between Plaintiffs and Crown Boiler. AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFEN_SE 56. Plaintiffs never purchased, directly or indirectly, any asbestos-containing product or materials from Crown Boiler, nor did Plaintiffs ever received or relied upon any representation allegedly made by Crown Boiler. AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE 57. Plaintiffs lack capacity and/or standing to maintain a claim for relief against Crown Boiler with respect to injuries alleged to have been suffered by Plaintiffs. AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE 58. To the extent that the Plaintiffs were exposed to any product manufactured by Crown Boiler, which Crown Boiler denies, said exposure was de minimis and not a substantial contributing factor to any asbestos-related disease which Plaintiffs may have developed, thus requiring dismissal of the Complaint against Crown Boiler. {00129528.} 10 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE Plaintiffs' Plaintiffs' 59. claims are barred because of failure to join necessary and indispensable parties. AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE 60. To the extent that Plaintiffs are entitled to damages, which Crown Boiler Workers' denies, Crown Boiler is entitled to a set-off for all Compensation payments received by Plaintiffs. _AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE 61. In accordance with CPLR 1601, Crown Boiler's liability for non-economic loss is limited to its equitable share of the total liability for non-economic loss. AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE 62. In accordance with CPLR 4545, Crown Boiler is entitled to a set-off for any past or future costs or expenses incurred or to be incurred by Plaintiffs for medical care, custodial care of rehabilitation services, loss of earnings or other economic loss, which has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source. AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE Plaintiffs' 63. actions are barred by the government contractor's defense because Crown Boiler was a contractor supplying materials, labor and or services to the United States Government. {00129528.} 11 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE 64. At allrelevant times, the state of the medical, scientific, and industrial knowledge, the state of the art,practice, and prevailing industry standards regarding asbestos-containing products was such that Crown Boiler neither knew, had reason to know, nor could have known of any foreseeable or significant risk or harm to Plaintiffs in the normal or expected use of Crown Boiler's products. AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE Plaintiffs' 65. Any injuries sustained by Plaintiffs resulted from alleged use of or exposure to asbestos or asbestos-containing products manufactured and sold in strict compliance with mandatory specifications established by persons or entities other than Crown Boiler, including, without limitation, agencies, agents and departments of the United States, which persons or entities possessed, at the time of such manufacture or sale, knowledge equal to or greater than that of Crown Boiler concerning the properties and characteristics of asbestos and asbestos-containing products. AS AND FOR A FORTY-FIRST AFFIRMATIV_E DEFENSE 66. Any asbestos-containing Crown Boiler products were supplied according to the purchaser's or user's specifications and standards. AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE 67. Crown Boiler was under no legal duty to warn Plaintiffs of any hazards from the use of any asbestos-containing products. The actual purchasers and/or those under the purchasers' Plaintiffs' control, employer(s), and the owners and lessors of the properties at which Plaintiffs' allege exposure to such products, were in a far better position to warn Plaintiffs and, if {00129528.} 12 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 any such warning was legally required, which is expressly denied; their failure to do so was a Plaintiffs' superseding and proximate cause of alleged injuries. AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE 68. Plaintiffs were reasonably and adequately warned of any alleged risks associated with the use of or exposure to asbestos-containing products. AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE 69. Timely and/or proper notice was not given to Crown Boiler as to any alleged breach of warranty. AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE Plaintiffs' 70. To the extent claims are based on an alleged breach of warranty, Plaintiffs did not rely on any warranty. AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE 71. Any oral warranties upon which Plaintiffs allegedly relied are inadmissable under the Statute of Frauds. AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE 72. Any claims by Plaintiffs for exemplary and/or punitive damages are barred because such damages are not recoverable or warranted. AS AND FOR A FORTY-EIGHTH A_FFIRMATIVE DEFENSE 73. Crown Boiler's conduct was not reckless, malicious, willful or grossly negligent, and consequently, Plaintiffs were not entitled to exemplary and/or punitive damages. {00129528.} 13 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE 74. Any claim for punitive damages is barred by the double jeopardy clause of the Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, as Article I, Section 6 of the New York State Constitution. AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE 75. Any claim for punitive damages is barred by the ex post facto clause of Article I, Section 10 of the United States Constitution. AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE 76. Any claim for punitive damages is barred by the proscription of Article I, Section 5 of the New York State Constitution prohibiting the imposition of excessiveness. AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE 77. To the extent the law of any other jurisdiction is applicable to this action, any demand for punitive damages is barred by the applicable proscriptions of the constitution of such jurisdiction. AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE 78. All defenses which have been or will be asserted by other Defendants in this action are adopted and incorporated by reference as if fully set forth herein. In addition, Crown Boiler will rely upon any and all other further defenses which become available or appear during discovery in this action and hereby specifically reserves itsright to amend itsanswer for the purpose of asserting any such additional affirmative defenses. {00129528.} 14 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 AS AND FOR A CROSS-CLAIM AGAINST EACH OF THE OTHER DEFENDANTS 79. If damages were sustained at the time(s) and place(s) set forth in the through any carelessness, recklessness and/or negligence other than that of Plaintiffs, including, but not limited to, the manufacture and distribution of asbestos-containing products, breach of warranty or misrepresentations, either express or implied, and/or through strict liability in tort, such damages, in whole or in part, will have been caused and brought about by reason of the carelessness, recklessness and/or negligence of each of the other Defendants named in this action. 80. If Plaintiffs should recover a judgment against Crown Boiler, by operation of law or otherwise, Crown Boiler will be entitled to judgment, contribution and/or indemnification, in whole or in part, from each of the other Defendants named in this action, their agents, servants and/or employees, by reason of their carelessness, recklessness, and/or negligence for the amount of any such recovery, in accordance with principles of law regarding apportionment of fault and damages, along with costs, disbursements and reasonable expenses of the investigation and defense of this action, including reasonable attorney's fees. {00129528.} 15 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 WHEREFORE, Defendant Crown Boiler demands judgment dismissing the Complaint as to it,together with the costs and disbursements of this action, and, to the extent of any recovery by Plaintiffs against Crown Boiler herein, further demands judgment for contribution and/or indemnification against each of the other defendants named in the Complaint together with Crown Boiler's costs and disbursements in this action. ANSWER TO ALL CROSS-CLAIMS Crown Boiler hereby answers the cross-claims of each of the other defendants named in this action, however asserted or alleged, and say: 81. All cross-claims for contribution alleged against Crown Boiler by any party Defendant are denied. 82. All cross-claims for indemnification alleged against Crown Boiler by any party Defendant are denied. 83. All cross-claims for contractual indemnification alleged against Crown Boiler by any party Defendant are denied. {00129528.} 16 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 WHEREFORE, Defendant Crown Boiler demands judgment in its favor and against all other Defendants and requests the Court to dismiss all cross-claims filed against Crown Boiler with prejudice and award Crown Boiler its costs, attorney's fees and disbursements in this action. Dated: New York, New York July 29, 2019 By: Eva S. Wayne Malaby & Bradley, LLC Attorneys for Defendant Crown Boiler Co. 150 Broadway, Suite 600 New York, New York 10038 (212) 791-0285 To: Joseph W. Belluck, Esq. Belluck & Fox, LLP Attorneys for Plaintiffs 546 Fifth Avenue, 4th Floor New York, New York 10036 {00129528.} 17 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 VERIFICATION STATE OF NEW YORK ) : SS: COUNTY OF NEW YORK ) Eva S. Wayne, being duly sworn, deposes and says that I am a partner with the firm of Malaby & Bradley, LLC, having their offices at 150 Broadway, Suite 600, in the City, County and State of New York, attorneys for defendant Crown Boiler Co., f/k/a Crown Plaintiffs' Industries, Inc., in the within action; that I have read the foregoing Verified Answer to Verified Complaint, Affirmative Defenses, Cross-Claim and Answer to Cross-Claims of Crown Boiler Co., f/k/a Crown Industries, Inc., and know the contents thereof; that the same is true upon information and belief and I believe itto be true; that the grounds of my belief are public records, records and documents currently in my possession pertaining to this matter, and conversations with client's agents; and that the reason why this verification is made by me and not by said defendant is that said defendant's principal place of business is located outside New York County where Malaby & Bradley maintains its offices. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: July 29, 2019 MALABY & BRADLEY, LLC By: Eva S. Wayne {00129528.} 18 of 19 FILED: NEW YORK COUNTY CLERK 07/30/2019 04:37 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/30/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK