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.
Preview
FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
PANTELIS KAMMAS and KLEO KAMMAS,
Plaintiffs, Index No. 190153/2019
v. VERIFIED ANSWER TO
PLAINTIFFS’ VERIFIED
COMPLAINT, CROSS-
A.O. SMITH WATER PRODUCTS, et al., CLAIM AND ANSWER
Defendants. TO CROSS-CLAIMS OF
WARREN PUMPS LLC
X
Defendant Warren Pumps LLC, sued incorrectly as “WARREN PUMPS, LLC,
Individually and as Successor to The Quimby Pump Company” (hereinafter “Warren Pumps”), by
its attorneys Leader Berkon Colao & Silverstein LLP, hereby acknowledges receipt and answers the
plaintiffs’ Verified Complaint, filed on June 25, 2019 (hereinafter the “Complaint”), and alleges,
upon information and belief, as follows:
THE P ARTIES
1. Warren Pumps denies knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraphs 1 through 4 of the Complaint.
2. Warren Pumps denies the allegations contained in paragraph 5 of the
Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has
conducted and/or transacted business in the State of New York.
3. Warren Pumps denies knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraphs 6 through 51 of the Complaint.
4. Warren Pumps denies the allegations contained in paragraph 52 of the
Complaint except admits that Warren Pumps is a duly organized foreign corporation that has
done and/or transacted business in the State of New York.
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5. Warren Pumps denies knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraphs 53 through 56 of the Complaint.
6. Warren Pumps denies the allegations contained in paragraph 57 of the
Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has
conducted and/or transacted business in the State of New York.
7. Warren Pumps denies the truth of the allegations contained in paragraphs
58 through 63 (inclusive) of the Complaint insofar as they are directed at Warren Pumps, and
otherwise denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in said paragraphs.
8. Warren Pumps denies the truth of the allegations contained in paragraph
64 of the Complaint insofar as they are directed at Warren Pumps, denies knowledge or
information sufficient to form a belief as to the truth of the allegations contained in said
paragraph, and refers all questions of law to the Court.
AS TO THE FIRST CAUSE OF ACTION SOUNDING IN NEGLIGENCE
9. With regard to paragraph 65 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 64 of the Complaint as if
more fully set forth herein.
10. Warren Pumps denies the truth of the allegations contained in paragraphs
66 through 73 of the Complaint, including all sub-parts, insofar as they are directed at Warren
Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth
of the allegations contained in said paragraphs.
AS TO THE SECOND CAUSE OF ACTION SOUNDING IN BREACH OF WARRANTY
11. With regard to paragraph 74 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 73 of the Complaint as if
more fully set forth herein.
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12. Warren Pumps denies the truth of the allegations contained in paragraphs
75 through 78 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the allegations
contained in said paragraphs.
AS TO THE THIRD CAUSE OF ACTION SOUNDING IN STRICT LIABILITY
13. With regard to paragraph 79 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 78 of the Complaint as if
more fully set forth herein.
14. Warren Pumps denies the truth of the allegations contained in paragraphs
80 through 88 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the allegations
contained in said paragraphs.
AS TO THE FOURTH CAUSE OF ACTION
LABOR LAW VIOLATIONS
15. With regard to paragraph 89 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 88 of the Complaint as if
more fully set forth herein.
16. Warren Pumps denies knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs 90 through 107 (inclusive), including all sub-
parts therein, as these allegations do not pertain to it.
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AS TO THE FIFTH CAUSE OF ACTION AGAINST DEFENDANT METROPOLITAN LIFE
INSURANCE COMPANY
17. With regard to paragraph 108 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 107 of the Complaint as
if more fully set forth herein.
18. Warren Pumps denies knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs 109 through 115 (inclusive) of the Complaint,
as these allegations do not pertain to it.
AS TO THE SIXTH CAUSE OF ACTION SOUNDING IN CONSPIRACY AND
COLLECTIVE LIABILITY/CONCERT OF ACTION
19. With regard to paragraph 116 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 115 of the Complaint as
if more fully set forth herein.
20. Warren Pumps denies the truth of the allegations contained in paragraphs
117 through 131 of the Complaint, including all sub-parts, insofar as they are directed at Warren
Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth
of the allegations contained in said paragraphs.
AS TO THE SEVENTH CAUSE OF ACTION AGAINST DEFENDANT CONTRACTORS
21. With regard to paragraph 132 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 131 of the Complaint as
if more fully set forth herein.
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22. Warren Pumps denies knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs 133 through 145 (inclusive) of the Complaint,
as these allegations do not pertain to it.
AS TO THE EIGHTH CAUSE OF ACTION FOR PREMISES LIABILITY AGAINST
CERTAIN DEFENDANTS
23. With regard to paragraph 146 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 145 of the Complaint as
if more fully set forth herein.
24. Warren Pumps denies knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs 147 through 161 (inclusive), including all sub-
parts therein, as these allegations do not pertain to it.
AS TO THE NINTH CAUSE OF ACTION JOINT AND SEVERAL LIABILITY
25. With regard to paragraph 162 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 161 of the Complaint
as if more fully set forth herein.
26. Warren Pumps denies the truth of the allegations contained in paragraphs
163 through 174 of the Complaint insofar as they are directed at Warren Pumps, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the allegations
contained in said paragraphs, and refers all questions of law to the Court.
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AS TO THE TENTH CAUSE OF ACTION PUNITIVE DAMAGES
27. With regard to paragraph 175 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 174 of the Complaint as
if more fully set forth herein.
28. Warren Pumps denies the truth of the allegations contained in paragraph
176 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the allegations contained in
said paragraphs, and refers all questions of law to the Court.
AS TO THE ELEVENTH CAUSE OF ACTION SPOUSAL LOSS OF CONSORTIUM
29. With regard to paragraph 177 of the Complaint, Warren Pumps repeats,
reiterates and realleges each and every response as to paragraphs 1 through 176 of the Complaint
as if more fully set forth herein.
30. Warren Pumps denies knowledge or information sufficient to form a belief
as to the truth of the allegations contained in paragraph 178 of the Complaint.
31. Warren Pumps denies the allegations contained in paragraph 179 of the
Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
32. The Complaint fails to state a cause of action upon which relief can be
granted against Warren Pumps.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
33. Plaintiff’s claims are time barred by reason of the applicable statute(s) of
limitations.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
34. Plaintiff’s claims are barred by the operation of the doctrine of estoppel.
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AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
35. Plaintiff has waived all claims against Warren Pumps.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
36. This Court lacks personal jurisdiction over Warren Pumps.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
37. The venue of this action is improper.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
38. Plaintiff’s claims are barred by the doctrines of res judicata and/or
collateral estoppel.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
39. Plaintiff’s speculative, uncertain and/or contingent damages have not
accrued and are not recoverable.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
40. This cause of action must be dismissed in the event Plaintiff has another
action pending against Warren Pumps for the same cause of action in another court.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
41. In the event Plaintiff executed a settlement agreement releasing and
discharging Warren Pumps from all claims arising out of Plaintiff’s alleged injury, all claims
alleged by Plaintiff should be dismissed.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
42. To the extent that Plaintiff has given a release or covenant not to sue or not
to enforce a judgment to an alleged co-tortfeasor of Warren Pumps, Plaintiff’s claim herein is
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.
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AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
43. Plaintiff was not injured by exposure to Warren Pumps’ products.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
44. In the event that Plaintiff was employed by any of the Defendants,
Plaintiff’s sole and exclusive remedy is under the Worker’s Compensation Law of the State of
New York.
AS AND FOR A FOURTEENTH 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 to recover damages for personal
injuries, the amount of damages recoverable thereon must be diminished by reason of the
culpable conduct attributable to Plaintiff, including contributory negligence and assumption of
risk, in the proportion which the culpable conduct attributable to Plaintiff bears to the culpable
conduct which caused the damages.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
46. 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 Plaintiff, including contributory
negligence and assumption of risk.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
47. To the extent that Plaintiff was injured as alleged in the Complaint, which
Warren Pumps denies, said injury was proximately caused by the negligence, breach of warranty
and/or strict liability of persons and/or entities other than Warren Pumps.
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AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
48. To the extent that Plaintiff was injured as alleged in the Complaint, which
Warren Pumps denies, such injury was the result of intervening and/or superseding acts or
omissions of parties over whom Warren Pumps had no control or right to control.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
49. At all times relevant hereto, the knowledge of Plaintiff’s employer(s) was
superior to that of Warren Pumps with respect to possible health hazards associated with
Plaintiff’s employment, and, therefore, if there was any duty to warn or provide protection to
Plaintiff, it was the duty of said employer, not of Warren Pumps, and breach of that duty was an
intervening and/or superseding cause of the injuries allegedly sustained by Plaintiff.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
50. At all times during the conduct of their corporate operations, the agents,
servants and/or employees of Warren Pumps 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 TWENTIETH AFFIRMATIVE DEFENSE
51. To the extent that Plaintiff sustained injuries from the use of Warren
Pumps products, which Warren Pumps denies, such injuries resulted from the unforeseeable
misuse, abuse, alteration, modification, and/or unauthorized handling of the product by Plaintiff,
or by third-parties, over whom Warren Pumps had no control or right to control.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
52. Plaintiff voluntarily assumed the risks associated with the use of or
exposure to the products at issue.
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AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
53. Warren Pumps 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 of in the Complaint.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
54. Plaintiff contributed to the injuries alleged by the use of other substances,
products, medications and drugs.
AS AND FOR A TWENTY-FOURTH 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
Warren Pumps as there was no privity of contract between Plaintiff and Warren Pumps.
AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
56. Plaintiff never purchased, directly or indirectly, any asbestos-containing
product or materials from Warren Pumps, nor did Plaintiff ever receive or rely upon any
representation allegedly made by Warren Pumps.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
57. To the extent that Plaintiff was exposed to any product manufactured by
Warren Pumps, which Warren Pumps denies, said exposure was de minimis and not a substantial
contributing factor to any asbestos-related disease which Plaintiff may have developed, thus
requiring dismissal of the Complaint against Warren Pumps.
AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
58. Plaintiff’s claims are barred because of Plaintiff’s failure to join necessary
and indispensable parties.
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AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
59. To the extent that Plaintiff is entitled to damages, which Warren Pumps
denies, Warren Pumps is entitled to a set-off for all Workers’ Compensation payments received
by Plaintiff.
AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
60. In accordance with CPLR 1601, Warren Pumps’ liability for non-
economic loss is limited to its equitable share of the total liability for non-economic loss.
AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
61. In accordance with CPLR 4545(c), Warren Pumps is entitled to a set-off
for any past or future costs or expenses incurred or to be incurred by Plaintiff 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-FIRST AFFIRMATIVE DEFENSE
62. Plaintiff’s action is barred by the government contractor’s defense because
Warren Pumps was a contractor supplying materials, labor and or services to the United States
Government.
AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
63. At all relevant 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 Warren Pumps neither knew, had reason to know, nor could
have known of any foreseeable or significant risk or harm to Plaintiff in the normal or expected
use of Warren Pumps’ products.
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AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
64. Any injuries sustained by Plaintiff resulted from Plaintiff’s 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 Warren Pumps,
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 Warren Pumps concerning the properties and characteristics of asbestos and
asbestos-containing products.
AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE
65. Any asbestos-containing Warren Pumps products were supplied according
to the purchaser’s or user’s specifications and standards.
AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE
66. Warren Pumps was under no legal duty to warn Plaintiff of any hazards
from the use of any asbestos-containing products. The actual purchasers and/or those under the
purchasers’ control, Plaintiff’s employer(s), and the owners and lessors of the properties at which
Plaintiff alleges exposure to such products, were in a far better position to warn Plaintiff and, if
any such warning was legally required, which is expressly denied; their failure to do so was a
superseding and proximate cause of Plaintiff’s alleged injury.
AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE
67. Plaintiff was reasonably and adequately warned of any alleged risks
associated with the use of or exposure to asbestos-containing products.
AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE
68. Timely and/or proper notice was not given to Warren Pumps as to any
alleged breach of warranty.
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AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE
69. To the extent Plaintiff’s claims are based on an alleged breach of warranty,
Plaintiff did not rely on any warranty.
AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE
70. Any oral warranties upon which Plaintiff allegedly relied are inadmissable
under the Statute of Frauds.
AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE
71. Any claims by Plaintiff for exemplary and/or punitive damages are barred
because such damages are not recoverable or warranted.
AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE
72. Warren Pumps’ conduct was not reckless, malicious, willful or grossly
negligent, and consequently, Plaintiff is not entitled to exemplary and/or punitive damages.
AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE
73. 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,
Warren Pumps will rely upon any and all other further defenses which become available or
appear during discovery in this action and hereby specifically reserves its right to amend its
answer for the purpose of asserting any such additional affirmative defenses.
AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE
74. This action does not fall within one or more of the exceptions set forth in
CPLR§ 1602 and Warren Pumps is responsible only for its allocated share of any verdict that
may be rendered against it.
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AS AND FOR A CROSS-CLAIM
AGAINST EACH OF THE OTHER DEFENDANTS
75. If damages were sustained at the time(s) and place(s) set forth in the
Complaint through any carelessness, recklessness and/or negligence other than that of Plaintiff,
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.
76. If Plaintiff should recover a judgment against Warren Pumps, by
operation of law or otherwise, Warren Pumps 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 attorneys’ fees.
WHEREFORE, Defendant Warren Pumps 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 Plaintiff against Warren Pumps herein, further demands judgment for
contribution and/or indemnification against each of the other defendants named in the Complaint
together with Warren Pumps’s costs and disbursements in this action.
ANSWER TO ALL CROSS-CLAIMS
Warren Pumps hereby answers the cross-claims of each of the other defendants
named in this action, however asserted or alleged, and says:
77. All cross-claims for contribution alleged against Warren Pumps by any
party Defendant are denied.
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78. All cross-claims for indemnification alleged against Warren Pumps by any
party Defendant are denied.
79. All cross-claims for contractual indemnification alleged against Warren
Pumps by any party Defendant are denied.
WHEREFORE, Defendant Warren Pumps demands judgment in its favor and
against all other Defendants and requests the Court to dismiss all cross-claims filed against
Warren Pumps with prejudice and award Warren Pumps its costs, attorneys’ fees and
disbursements in this action.
Dated: New York, New York
August 22, 2019
LEADER BERKON COLAO
& SILVERSTEIN LLP
by: /s/ David J. Goodearl
David J. Goodearl
Attorneys for Defendant
Warren Pumps LLC
630 Third Avenue
New York, New York 10017
(212) 486-2400
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VERIFICATION
STATE OF NEW YORK )
: SS:
COUNTY OF NEW YORK )
David J. Goodearl, being duly sworn, deposes and says that I am an attorney at
law with the firm of Leader Berkon Colao & Silverstein LLP, having their offices at 630 Third
Avenue, in the City, County and State of New York, attorneys for defendant Warren Pumps LLC,
in the within action; that I have read the foregoing Verified Answer to Plaintiffs’ Verified
Complaint, Cross-Claim and Answer to Cross-Claims of Warren Pumps LLC, and know the
contents thereof; that the same is true upon information and belief and I believe it to 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 in Warren, Massachusetts which is located outside of New York County where
Leader Berkon Colao & Silverstein LLP maintains its offices.
The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.
Dated: August 22, 2019
LEADER BERKON COLAO
& SILVERSTEIN LLP
by: /s/ David J. Goodearl
David J. Goodearl
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FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X PANTELIS KAMMAS and KLEO KAMMAS, Plaintiffs, Index No. 190153/2019 v. VERIFIED ANSWER TO PLAINTIFFS’ VERIFIED COMPLAINT, CROSS- A.O. SMITH WATER PRODUCTS, et al., CLAIM AND ANSWER Defendants. TO CROSS-CLAIMS OF WARREN PUMPS LLC X Defendant Warren Pumps LLC, sued incorrectly as “WARREN PUMPS, LLC, Individually and as Successor to The Quimby Pump Company” (hereinafter “Warren Pumps”), by its attorneys Leader Berkon Colao & Silverstein LLP, hereby acknowledges receipt and answers the plaintiffs’ Verified Complaint, filed on June 25, 2019 (hereinafter the “Complaint”), and alleges, upon information and belief, as follows: THE P ARTIES 1. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 1 through 4 of the Complaint. 2. Warren Pumps denies the allegations contained in paragraph 5 of the Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has conducted and/or transacted business in the State of New York. 3. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 6 through 51 of the Complaint. 4. Warren Pumps denies the allegations contained in paragraph 52 of the Complaint except admits that Warren Pumps is a duly organized foreign corporation that has done and/or transacted business in the State of New York. 1 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 5. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 53 through 56 of the Complaint. 6. Warren Pumps denies the allegations contained in paragraph 57 of the Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has conducted and/or transacted business in the State of New York. 7. Warren Pumps denies the truth of the allegations contained in paragraphs 58 through 63 (inclusive) of the Complaint insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs. 8. Warren Pumps denies the truth of the allegations contained in paragraph 64 of the Complaint insofar as they are directed at Warren Pumps, denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraph, and refers all questions of law to the Court. AS TO THE FIRST CAUSE OF ACTION SOUNDING IN NEGLIGENCE 9. With regard to paragraph 65 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 64 of the Complaint as if more fully set forth herein. 10. Warren Pumps denies the truth of the allegations contained in paragraphs 66 through 73 of the Complaint, including all sub-parts, insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs. AS TO THE SECOND CAUSE OF ACTION SOUNDING IN BREACH OF WARRANTY 11. With regard to paragraph 74 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 73 of the Complaint as if more fully set forth herein. 2 2 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 12. Warren Pumps denies the truth of the allegations contained in paragraphs 75 through 78 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs. AS TO THE THIRD CAUSE OF ACTION SOUNDING IN STRICT LIABILITY 13. With regard to paragraph 79 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 78 of the Complaint as if more fully set forth herein. 14. Warren Pumps denies the truth of the allegations contained in paragraphs 80 through 88 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs. AS TO THE FOURTH CAUSE OF ACTION LABOR LAW VIOLATIONS 15. With regard to paragraph 89 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 88 of the Complaint as if more fully set forth herein. 16. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 90 through 107 (inclusive), including all sub- parts therein, as these allegations do not pertain to it. 3 3 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS TO THE FIFTH CAUSE OF ACTION AGAINST DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY 17. With regard to paragraph 108 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 107 of the Complaint as if more fully set forth herein. 18. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 109 through 115 (inclusive) of the Complaint, as these allegations do not pertain to it. AS TO THE SIXTH CAUSE OF ACTION SOUNDING IN CONSPIRACY AND COLLECTIVE LIABILITY/CONCERT OF ACTION 19. With regard to paragraph 116 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 115 of the Complaint as if more fully set forth herein. 20. Warren Pumps denies the truth of the allegations contained in paragraphs 117 through 131 of the Complaint, including all sub-parts, insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs. AS TO THE SEVENTH CAUSE OF ACTION AGAINST DEFENDANT CONTRACTORS 21. With regard to paragraph 132 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 131 of the Complaint as if more fully set forth herein. 4 4 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 22. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 133 through 145 (inclusive) of the Complaint, as these allegations do not pertain to it. AS TO THE EIGHTH CAUSE OF ACTION FOR PREMISES LIABILITY AGAINST CERTAIN DEFENDANTS 23. With regard to paragraph 146 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 145 of the Complaint as if more fully set forth herein. 24. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 147 through 161 (inclusive), including all sub- parts therein, as these allegations do not pertain to it. AS TO THE NINTH CAUSE OF ACTION JOINT AND SEVERAL LIABILITY 25. With regard to paragraph 162 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 161 of the Complaint as if more fully set forth herein. 26. Warren Pumps denies the truth of the allegations contained in paragraphs 163 through 174 of the Complaint insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs, and refers all questions of law to the Court. 5 5 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS TO THE TENTH CAUSE OF ACTION PUNITIVE DAMAGES 27. With regard to paragraph 175 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 174 of the Complaint as if more fully set forth herein. 28. Warren Pumps denies the truth of the allegations contained in paragraph 176 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in said paragraphs, and refers all questions of law to the Court. AS TO THE ELEVENTH CAUSE OF ACTION SPOUSAL LOSS OF CONSORTIUM 29. With regard to paragraph 177 of the Complaint, Warren Pumps repeats, reiterates and realleges each and every response as to paragraphs 1 through 176 of the Complaint as if more fully set forth herein. 30. Warren Pumps denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 178 of the Complaint. 31. Warren Pumps denies the allegations contained in paragraph 179 of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 32. The Complaint fails to state a cause of action upon which relief can be granted against Warren Pumps. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 33. Plaintiff’s claims are time barred by reason of the applicable statute(s) of limitations. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 34. Plaintiff’s claims are barred by the operation of the doctrine of estoppel. 6 6 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 35. Plaintiff has waived all claims against Warren Pumps. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 36. This Court lacks personal jurisdiction over Warren Pumps. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 37. The venue of this action is improper. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 38. Plaintiff’s claims are barred by the doctrines of res judicata and/or collateral estoppel. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 39. Plaintiff’s speculative, uncertain and/or contingent damages have not accrued and are not recoverable. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 40. This cause of action must be dismissed in the event Plaintiff has another action pending against Warren Pumps for the same cause of action in another court. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 41. In the event Plaintiff executed a settlement agreement releasing and discharging Warren Pumps from all claims arising out of Plaintiff’s alleged injury, all claims alleged by Plaintiff should be dismissed. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 42. To the extent that Plaintiff has given a release or covenant not to sue or not to enforce a judgment to an alleged co-tortfeasor of Warren Pumps, Plaintiff’s claim herein is 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. 7 7 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 43. Plaintiff was not injured by exposure to Warren Pumps’ products. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 44. In the event that Plaintiff was employed by any of the Defendants, Plaintiff’s sole and exclusive remedy is under the Worker’s Compensation Law of the State of New York. AS AND FOR A FOURTEENTH 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 to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to Plaintiff, including contributory negligence and assumption of risk, in the proportion which the culpable conduct attributable to Plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 46. 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 Plaintiff, including contributory negligence and assumption of risk. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 47. To the extent that Plaintiff was injured as alleged in the Complaint, which Warren Pumps denies, said injury was proximately caused by the negligence, breach of warranty and/or strict liability of persons and/or entities other than Warren Pumps. 8 8 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 48. To the extent that Plaintiff was injured as alleged in the Complaint, which Warren Pumps denies, such injury was the result of intervening and/or superseding acts or omissions of parties over whom Warren Pumps had no control or right to control. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 49. At all times relevant hereto, the knowledge of Plaintiff’s employer(s) was superior to that of Warren Pumps with respect to possible health hazards associated with Plaintiff’s employment, and, therefore, if there was any duty to warn or provide protection to Plaintiff, it was the duty of said employer, not of Warren Pumps, and breach of that duty was an intervening and/or superseding cause of the injuries allegedly sustained by Plaintiff. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE 50. At all times during the conduct of their corporate operations, the agents, servants and/or employees of Warren Pumps 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 TWENTIETH AFFIRMATIVE DEFENSE 51. To the extent that Plaintiff sustained injuries from the use of Warren Pumps products, which Warren Pumps denies, such injuries resulted from the unforeseeable misuse, abuse, alteration, modification, and/or unauthorized handling of the product by Plaintiff, or by third-parties, over whom Warren Pumps had no control or right to control. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 52. Plaintiff voluntarily assumed the risks associated with the use of or exposure to the products at issue. 9 9 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE 53. Warren Pumps 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 of in the Complaint. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE 54. Plaintiff contributed to the injuries alleged by the use of other substances, products, medications and drugs. AS AND FOR A TWENTY-FOURTH 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 Warren Pumps as there was no privity of contract between Plaintiff and Warren Pumps. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE 56. Plaintiff never purchased, directly or indirectly, any asbestos-containing product or materials from Warren Pumps, nor did Plaintiff ever receive or rely upon any representation allegedly made by Warren Pumps. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE 57. To the extent that Plaintiff was exposed to any product manufactured by Warren Pumps, which Warren Pumps denies, said exposure was de minimis and not a substantial contributing factor to any asbestos-related disease which Plaintiff may have developed, thus requiring dismissal of the Complaint against Warren Pumps. AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE 58. Plaintiff’s claims are barred because of Plaintiff’s failure to join necessary and indispensable parties. 10 10 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE 59. To the extent that Plaintiff is entitled to damages, which Warren Pumps denies, Warren Pumps is entitled to a set-off for all Workers’ Compensation payments received by Plaintiff. AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE 60. In accordance with CPLR 1601, Warren Pumps’ liability for non- economic loss is limited to its equitable share of the total liability for non-economic loss. AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE 61. In accordance with CPLR 4545(c), Warren Pumps is entitled to a set-off for any past or future costs or expenses incurred or to be incurred by Plaintiff 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-FIRST AFFIRMATIVE DEFENSE 62. Plaintiff’s action is barred by the government contractor’s defense because Warren Pumps was a contractor supplying materials, labor and or services to the United States Government. AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE 63. At all relevant 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 Warren Pumps neither knew, had reason to know, nor could have known of any foreseeable or significant risk or harm to Plaintiff in the normal or expected use of Warren Pumps’ products. 11 11 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE 64. Any injuries sustained by Plaintiff resulted from Plaintiff’s 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 Warren Pumps, 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 Warren Pumps concerning the properties and characteristics of asbestos and asbestos-containing products. AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE 65. Any asbestos-containing Warren Pumps products were supplied according to the purchaser’s or user’s specifications and standards. AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE 66. Warren Pumps was under no legal duty to warn Plaintiff of any hazards from the use of any asbestos-containing products. The actual purchasers and/or those under the purchasers’ control, Plaintiff’s employer(s), and the owners and lessors of the properties at which Plaintiff alleges exposure to such products, were in a far better position to warn Plaintiff and, if any such warning was legally required, which is expressly denied; their failure to do so was a superseding and proximate cause of Plaintiff’s alleged injury. AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE 67. Plaintiff was reasonably and adequately warned of any alleged risks associated with the use of or exposure to asbestos-containing products. AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE 68. Timely and/or proper notice was not given to Warren Pumps as to any alleged breach of warranty. 12 12 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE 69. To the extent Plaintiff’s claims are based on an alleged breach of warranty, Plaintiff did not rely on any warranty. AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE 70. Any oral warranties upon which Plaintiff allegedly relied are inadmissable under the Statute of Frauds. AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE 71. Any claims by Plaintiff for exemplary and/or punitive damages are barred because such damages are not recoverable or warranted. AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE 72. Warren Pumps’ conduct was not reckless, malicious, willful or grossly negligent, and consequently, Plaintiff is not entitled to exemplary and/or punitive damages. AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE 73. 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, Warren Pumps will rely upon any and all other further defenses which become available or appear during discovery in this action and hereby specifically reserves its right to amend its answer for the purpose of asserting any such additional affirmative defenses. AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE 74. This action does not fall within one or more of the exceptions set forth in CPLR§ 1602 and Warren Pumps is responsible only for its allocated share of any verdict that may be rendered against it. 13 13 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 AS AND FOR A CROSS-CLAIM AGAINST EACH OF THE OTHER DEFENDANTS 75. If damages were sustained at the time(s) and place(s) set forth in the Complaint through any carelessness, recklessness and/or negligence other than that of Plaintiff, 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. 76. If Plaintiff should recover a judgment against Warren Pumps, by operation of law or otherwise, Warren Pumps 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 attorneys’ fees. WHEREFORE, Defendant Warren Pumps 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 Plaintiff against Warren Pumps herein, further demands judgment for contribution and/or indemnification against each of the other defendants named in the Complaint together with Warren Pumps’s costs and disbursements in this action. ANSWER TO ALL CROSS-CLAIMS Warren Pumps hereby answers the cross-claims of each of the other defendants named in this action, however asserted or alleged, and says: 77. All cross-claims for contribution alleged against Warren Pumps by any party Defendant are denied. 14 14 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 78. All cross-claims for indemnification alleged against Warren Pumps by any party Defendant are denied. 79. All cross-claims for contractual indemnification alleged against Warren Pumps by any party Defendant are denied. WHEREFORE, Defendant Warren Pumps demands judgment in its favor and against all other Defendants and requests the Court to dismiss all cross-claims filed against Warren Pumps with prejudice and award Warren Pumps its costs, attorneys’ fees and disbursements in this action. Dated: New York, New York August 22, 2019 LEADER BERKON COLAO & SILVERSTEIN LLP by: /s/ David J. Goodearl David J. Goodearl Attorneys for Defendant Warren Pumps LLC 630 Third Avenue New York, New York 10017 (212) 486-2400 15 of 16 FILED: NEW YORK COUNTY CLERK 08/22/2019 12:15 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 08/22/2019 VERIFICATION STATE OF NEW YORK ) : SS: COUNTY OF NEW YORK ) David J. Goodearl, being duly sworn, deposes and says that I am an attorney at law with the firm of Leader Berkon Colao & Silverstein LLP, having their offices at 630 Third Avenue, in the City, County and State of New York, attorneys for defendant Warren Pumps LLC, in the within action; that I have read the foregoing Verified Answer to Plaintiffs’ Verified Complaint, Cross-Claim and Answer to Cross-Claims of Warren Pumps LLC, and know the contents thereof; that the same is true upon information and belief and I believe it to 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 in Warren, Massachusetts which is located outside of New York County where Leader Berkon Colao & Silverstein LLP maintains its offices. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: August 22, 2019 LEADER BERKON COLAO & SILVERSTEIN LLP by: /s/ David J. Goodearl David J. Goodearl 16 of 16