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FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
--________---------------------------------¬-----------------X
MAUREEN SQUILLINI,
Plaintiff, Index No. 030506-2019
-against- VERIFIED ANSWER
LIMARY RODRIGUEZ,
Defendant.
------------------------------------ -----X
Defendant, LIMARY RODRIGUEZ, by his attorneys, WILSON, BAVE, CONBOY,
COZZA & COUZENS, P.C., answering the complaiñt of the plaintiff herein:
FIRST: Denies knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraphs 1, 2, 3 and 6 of the plaintiff's complaint.
SECOND: Denies knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraphs 4, 7 and 8 of the plaintiff's complaint and refers all
questions of law to this Honorable Court.
THIRD: Denies upon information and belief each and every allegation contained in
paragraphs 5, 9, 10, 11, 12, 13, 14 and 15 of the plaintiff's complaint and refers allquestions of
law to this Honorable Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
FOURTH: The answering defendant alleges that the incident and all the injuries and
damages resulting therefrom were caused in whole or in part by the culpable conduct of the
plaintiff, including but not limited to the plaintiff's contributory negligence and/or assumption of
risk and the defendant therefore requests that this Court determine the proportionate share that
such culpable conduct contributes in whole or in part to the incident and the damages claimed
therefrom.
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FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FIFTH: That this action does not lie since the plaintiff does not fallin that class of
persons as defined in Sections 5102(c) and 5102(d) of the Insurance Law. Said action, therefore,
is barred by the Insurance Law of the State of New York.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
SIXTH: That the damages alleged to have been sustained by the plaintiff(s) were
sustained or largely contributed to by reason of the plaintiff's failure to wear seatbelts, a helmet
or other protective clothing furnished for his use, and that the damages sustained were caused by
said failure and said failure alone.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
That the plaintiff failed to take reasonable steps to mitigate her alleged damages ansd
therefore should be denied from recovery.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
EIGHTH: That the plaintiff has failed to join a necessary party in this actions and,
therefore, the Court should not proceeds in the absence of a personas who should be a party.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
SEVENTH: That service was not properly effectuated upon defendant in that plaintiff
did not comply with the requirements of CPLR Sections 308 and/or 312(a).
WHEREFORE, defendant demands judgment dismissing the complaint of the plaintiff
together with the costs and disbursements of this action.
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FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019
Dated: White Plains, New York
February 13, 2019
Yours, etc.,
WILSO , BAVE, OY, COZZA &
CO E S
BY: J MES A. ROGER , SQ.
Attorneys for Defendant
Two William Street
White Plains, New York 10601
(914) 686-9010
To: LAW OFFICE OF JOSEPH E, RUYACK, III
Attorneys for Plaintiff
3 Twin Brooks Drive
Chester, New York 10918
(845) 782-2155
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FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019
ATTORNEY VERIFICATION
I,the undersigned, am an attorney admitted to practice in the Courts of New York
State and say:
I am associated with the firm of WILSON, BAVE, CONBOY, COZZA & COUZENS,
P.C., attorneys representing the defendant, LIMARY RODRIGUEZ.
I have read the annexed VERIFIED ANSWER and know the contents thereof, and that
same is true to my own knowledge, except those matters therein which are stated to be alleged on
information and belief, and as to those matters I believe to be true.
My belief, as to those matters therein not stated upon knowledge is based upon a review
of the filemaintained by my office and general investigations of the facts of this case.
The reason I make this affirmation instead of defendants is that defendant is not a
resident of the Coùnty of Westchester, which is the County where I have my office.
Dated: White Plains, New York
February 13, 2019
JA ES A. ROGERS
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Preview
FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND --________---------------------------------¬-----------------X MAUREEN SQUILLINI, Plaintiff, Index No. 030506-2019 -against- VERIFIED ANSWER LIMARY RODRIGUEZ, Defendant. ------------------------------------ -----X Defendant, LIMARY RODRIGUEZ, by his attorneys, WILSON, BAVE, CONBOY, COZZA & COUZENS, P.C., answering the complaiñt of the plaintiff herein: FIRST: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs 1, 2, 3 and 6 of the plaintiff's complaint. SECOND: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs 4, 7 and 8 of the plaintiff's complaint and refers all questions of law to this Honorable Court. THIRD: Denies upon information and belief each and every allegation contained in paragraphs 5, 9, 10, 11, 12, 13, 14 and 15 of the plaintiff's complaint and refers allquestions of law to this Honorable Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE FOURTH: The answering defendant alleges that the incident and all the injuries and damages resulting therefrom were caused in whole or in part by the culpable conduct of the plaintiff, including but not limited to the plaintiff's contributory negligence and/or assumption of risk and the defendant therefore requests that this Court determine the proportionate share that such culpable conduct contributes in whole or in part to the incident and the damages claimed therefrom. 1 of 4 FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE FIFTH: That this action does not lie since the plaintiff does not fallin that class of persons as defined in Sections 5102(c) and 5102(d) of the Insurance Law. Said action, therefore, is barred by the Insurance Law of the State of New York. AS AND FOR A THIRD AFFIRMATIVE DEFENSE SIXTH: That the damages alleged to have been sustained by the plaintiff(s) were sustained or largely contributed to by reason of the plaintiff's failure to wear seatbelts, a helmet or other protective clothing furnished for his use, and that the damages sustained were caused by said failure and said failure alone. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE That the plaintiff failed to take reasonable steps to mitigate her alleged damages ansd therefore should be denied from recovery. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE EIGHTH: That the plaintiff has failed to join a necessary party in this actions and, therefore, the Court should not proceeds in the absence of a personas who should be a party. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE SEVENTH: That service was not properly effectuated upon defendant in that plaintiff did not comply with the requirements of CPLR Sections 308 and/or 312(a). WHEREFORE, defendant demands judgment dismissing the complaint of the plaintiff together with the costs and disbursements of this action. 2 of 4 FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019 Dated: White Plains, New York February 13, 2019 Yours, etc., WILSO , BAVE, OY, COZZA & CO E S BY: J MES A. ROGER , SQ. Attorneys for Defendant Two William Street White Plains, New York 10601 (914) 686-9010 To: LAW OFFICE OF JOSEPH E, RUYACK, III Attorneys for Plaintiff 3 Twin Brooks Drive Chester, New York 10918 (845) 782-2155 3 of 4 FILED: ROCKLAND COUNTY CLERK 02/14/2019 02:01 PM INDEX NO. 030506/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/14/2019 ATTORNEY VERIFICATION I,the undersigned, am an attorney admitted to practice in the Courts of New York State and say: I am associated with the firm of WILSON, BAVE, CONBOY, COZZA & COUZENS, P.C., attorneys representing the defendant, LIMARY RODRIGUEZ. I have read the annexed VERIFIED ANSWER and know the contents thereof, and that same is true to my own knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe to be true. My belief, as to those matters therein not stated upon knowledge is based upon a review of the filemaintained by my office and general investigations of the facts of this case. The reason I make this affirmation instead of defendants is that defendant is not a resident of the Coùnty of Westchester, which is the County where I have my office. Dated: White Plains, New York February 13, 2019 JA ES A. ROGERS 4 of 4