Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------------X
YVETTE MCCLAMB,
Index No.: 154374/2018
Plaintiff,
NOTICE OF
- against - CERTIFICATION
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW YORK
RESTORATION OF CT, INC.,
Defendants.
â€
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S I R S :
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a, the annexed
papers, VERIFIED ANSWER, DEMAND FOR BILL OF PARTICULARS, COMBINED
DEMANDS, DEMAND PURSUANT TO MEDICARE/MEDICAID MANDATORY
REPORTING LAW, DEMAND FOR PRODUCTION AS TO PRIOR AND SUBSEQUENT
RELATED INJURIES AND CONDITIONS, DEMAND PURSUANT TO CPLR §306-C,
DEMAND FOR CELL PHONE RECORDS, DEMAND TO PRESERVE PLAINTIFF'S
SOCIAL MEDIA ACCOUNTS, NOTICE OF EBT and NOTICE OF REFUSAL TO ACCEPT
SERVICE OF PAPERS BY FAX, are being certified that to the best of the undersigned's
knowledge, information and belief, formed after an inquiry reasonable under the circumstances,
the presentation of these paper(s) or contentions therein is not frivolous as defined in subsection
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(c) of Section 130-1.1.
Dated: Smithtown, New York
August 2, 2018
Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP
DEVELOPMENT CORPORATION
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
Our File No.: HC8645W9 (KEW/db)
By:
KELLY WRIGHT
TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
29th
551 Fifth Avenue, FlOOr
New York, New York 10176
(212) 684-1880
LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
200 Madison Avenue
New York, New York 10016
(212) 683-9700
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
Attorneys for Defendant
RNC INDUSTRIES, LLC
538 Broadhollow Road, Suite 200
Melville, New York 11747
(631) 414-7930
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STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------X
YVETTE MCCLAMB,
Index No.: 154374/2018
Plaintiff,
VERIFIED ANSWER
- against -
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW YORK
RESTORATION OF CT, INC.,
Defendants.
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Defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by its
attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for its Answer to the plaintiffs
Verified Complaint, upon information and belief, states as follows:
FIRST: Denies having any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "1", "9",
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SECOND: Regarding paragraph of the Complaint, the responding defendant
solely admits that the defendant, HOUSING PARTNERSHIP DEVELOPMENT
"HOUSING"
CORPORATION, (hereinafter referred to as defendant "HOUSING") was and still is a domestic
non for profit corporation, and leaves all questions of law for the Court.
THIRD: Denies each and every allegation contained in paragraphs numbered and
designated as "3", "4", "5", "6", "7", "43", and "46", and leaves all questions of law for the
Court.
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FOURTH: Denies having any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraphs numbered and designated as "8", "10",
"11", "12", "13", "14", "15", "16", and "32", of the complaint, and refer all questions of law to
the Honorable Court.
FIFTH: Denies each and every allegation contained in paragraphs numbered and
designated as "49", "50", "51", "52", and "53".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
SIXTH: That ifthe plaintiff recovers herein against two or more tort-feasors jointly
liable and/or if the culpable conduct of any person not a party to this action is considered in
determining any equitable share herein and if the answering defendant's liability is 50% or less
of the total liability assigned, then the answering defendant's liability for non-economic loss
shall not exceed the equitable share as determined by the answering defendant's percentage of
liability for non-economic loss pursuant to Civil Practice Law and Rules Article 16.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
SEVENTH: That the occurrence was caused or contributed to by the negligence of the
plaintiff herein and the damages which they are entitled to are diminished by the amount of their
negligence which contributed to the occurrence.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
EIGHTH: The plaintiffs Complaint fails to state a cause of action.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
NINTH: That any damages sustained by the plaintiff were caused by the culpable
conduct of the plaintiff including contributory negligence or assumption of risk, and not by the
culpable conduct or negligence of the answering defendants.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TENTH: Upon information and belief, any past or future costs or expenses incurred
or to be incurred by the plaintiff for medical care, dental care, custodial care, property damage or
rehabilitative services, loss of earnings or other economic loss, has been or will be with
reasonable certainty be replaced or indemnified in whole or in part from a collateral source as
defined in Section 4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
ELEVENTH: That plaintiff failed to take those steps necessary to mitigate her damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
TWELFTH: This answering defendant alleges that the incident and damages, if any,
complained of were caused solely by the separate, independent, and/or negligent actions and/or
inactions of third persons over whom this answering defendant exercised no control and had no
relationship.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
THIRTEENTH: The answering defendant denies that any action or inaction on itspart
proximately caused the incident or injuries of which plaintiff complains.
AS AND FOR A FIRST CROSS CLAIM AGAINST
DEFENDANTS, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES LLC AND WEST NEW YORK
RESTORATION OF CT, INC., THIS ANSWERING
DEFENDANT ALLEGES AS FOLLOWS:
FOURTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all of
which has been denied by this cross-claiming defendant, then such injuries were caused in whole
or in part by the negligence of the co-defendants above named.
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That by reason of the foregoing, this answering defendant is or will be entitled to
have judgment over and against the co-defendants in whole or in part as to sum awarded to
any
plaintiff against this answering defendant.
AS AND FOR A SECOND CROSS CLAIM AGAINST
DEFENDANTS, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES LLC AND WEST NEW YORK
RESTORATION OF CT, INC., THIS ANSWERING
DEFENDANT ALLEGES AS FOLLOWS:
FIFTEENTH: At all times hereinafter mentioned, the co-defendants, KALAHARI
CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM,
WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK
RESTORATION OF CT, INC., and this answering defendant, were parties to an agreement
and/or contract which contained an indemnification agreement and/or clause benefitting the
defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION.
Any injuries sustained by the plaintiff in the manner and at the time and place alleged in
the plaintiff's Complaint are embraced within that indemnification agreement and/or clause
contained in the agreement and/or contract between defendant, HOUSING PARTNERSHIP
DEVELOPMENT CORPORATION, and co-defendants, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC.
Pursuant to said contract and/or agreement, if plaintiffrecovers any judgment against this
answering defendant, this answering defendant is entitled to recover the whole and entire amount
of such judgment from the co-defendants.
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AS AND FOR A THIRD CROSS CLAIM AGAINST
DEFENDANTS, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES LLC AND WEST NEW YORK
RESTORATION OF CT, INC., THIS ANSWERING
DEFENDANT ALLEGES AS FOLLOWS:
SIXTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all of
which has been denied by this cross-claiming defendant, then such injuries were caused in whole
or in part by the negligence of the co-defendants, KALAHARI CONDOMINIUM, THE BOARD
OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC.
That by reason of the foregoing, this answering defendant will be entitled to have
judgment over and against the co-defendants, KALAHARI CONDOMINIUM, THE BOARD
OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., in
whole or in part as to any sum awarded to plaintiff against the defendant.
WHEREFORE, defendant, HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, demands judgment dismissing the Complaint herein, or in the event that the
plaintiffs recover any sum of money over and against this defendant, that this defendant demands
judgment over and against the co-defendant above named, as to any such amount, together with
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the costs and disbursements of this action.
Dated: Smithtown, New York
August 2, 2018 Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP
DEVELOPMENT CORPORATION
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
Our File No.: HC8645W9 (KEW/db)
By.
KEL E. WRIG
TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
2961
551 Fifth Avenue, Floor
New York, New York 10176
(212) 684-1880
LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
200 Madison Avenue
New York, New York 10016
(212) 683-9700
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
Attorneys for Defendant
RNC INDUSTRIES, LLC
538 Broadhollow Road, Suite 200
Melville, New York 11747
(631) 414-7930
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STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WESTNEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF SUFFOLK )
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
states, that affirmant is a member of the firm of DEVITT SPELLMAN BARRETT, LLP, the
attorneys for the defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION,
that affirmant has read the foregoing Answer to the Verified Complaint and knows the contents
thereof, and that the same is true to the affirmant's knowledge, except as to the matters therein
stated to be alleged upon information and belief, and that as to those matters affirmant believes
to be true.
That the reason this Verification is made by affirmant and not by the defendant is because
the defendant's place of business is located outside the County wherein affirmant's office is
located and that the source of affirmant's knowledge and the grounds of belief as to those matters
therein stated to be alleged on information and belief are correspondence and investigations
which have been made concerning the subject matter in this action, and which are in the
possession of the said attorneys.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: Smithtown, New York
August 2, 2018
KE LY E. GHT
Re: McClamb v. Housing Partnership Development (File No.: HC8645W9)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__________________________________...._______..-----------------------------X
YVETTE MCCLAMB,
Index No.: 154374/2018
Plaintiff,
DEMAND FOR A
- against - VERIFIED BILL
OF PARTICULARS
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW YORK
RESTORATION OF CT, INC.,
Defendants.
-------------------------------------------------------------------------X
S I R S :
PLEASE TAKE NOTICE that, the undersigned attorneys for the defendant demand that
you serve upon them, within twenty (20) days, a verified Bill of Particulars setting forth in detail
the following information:
1. Any name used by the plaintiff other than as specifically set forth.
2. The plaintiff's present residence address.
3. Date of birth, social security number and address of the plaintiff.
4. Date, time and exact location of the occurrence.
5. State the acts and/or omissions constituting the negligence claimed against the defendant.
6. State the nature, location and extent of allclaimed injuries.
7. State which injuries are alleged to be permanent in nature.
8. State the length of time, giving the dates, plaintiff was confined to a hospital and state the
name of the hospital.
9. State the length of time, giving the dates, plaintiff was confined to: (a) bed and (b) home.
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10. Set forth: (a) the occupation of the plaintiff; (b) plaintiffs social security number; (c)
name and address of employer, (d) number of working days incapacitated; (e) rate of pay;
and (f) total loss of earnings claimed.
11. If the plaintiff was a student: (a) state the name and address of school; (b) dates plaintiff
claims to have been unable to attend school.
12. Total amounts claimed as special damages for charges incurred for:(a) physician services;
(b) hospital services; (c) surgical services; (d) nursing services; (e) dental services; (f)
ambulance services; (g) x-ray services; (h) prescription drugs; (i)prosthetic devices; and
(j)other (specify).
13. If loss of services, society and consortium is claimed, set forth: (a) the length of time said
loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming
the loss; (c) the particular services claimed for loss of services, consortium, medical
expenses and other expenses.
14. Set forth by section and title,statutes, regulations, rules, ordinances and all other laws it
will be claimed were violated by the defendant.
15. Describe any alleged dangerous and/or defective condition.
16. If it is claimed that a dangerous condition existed, describe such condition, giving the
specific dimensions, including the length, depth, height and width thereof.
17. If it is claimed that a defective condition existed, state the nature of the defective
condition complained of and state itsapproximate location giving distance and direction
from the nearest curb, landmark, or adjoining building and specifying from which points
said distances and directions are given.
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18. State in what manner it is alleged that the defendant and/or
negligently carelessly
controlled, maintained and/or operated the premises so as to permit any alleged
dangerous and/or defective condition to exist.
19. Describe any claimed nuisance, foreign substance, slippery substance and/or trap that is
claimed to have existed and state the length of time said condition is alleged to have
existed.
20. Describe any alleged obstruction which is claimed to have contributed to the occurrence.
21. State whether and if so where plaintiff was standing at the time of the alleged occurrence,
giving direction and distance, in feet or inches from the nearest entranceway referred to.
22. State for what purpose the plaintiff was on thepremises.
23. If actual notice of any dangerous and/or defective condition will be claimed was given
and/or supplied to the defendant, set forth: (a) the names and addresses of any persons by
whom notice was given/supplied; (b) the names and addresses of any persons to whom
notice was given/supplied; (c) the time, date and place and manner in which notice was
given/supplied in each instance.
24. If constructive notice of any dangerous and/or defective condition will be claimed was
given and/or supplied to the defendant, set forth: (a) the conditions by which notice was
supplied; (b) the time, date and place notice was had in each instance; (c) duration of
condition with date of inception to date constructive notice will be claimed to have been
given to the defendant.
25. If medical payments or lostearnings were obtained from any collateral source, including
Workers'
but not limited to Compensation, no fault, private health insurance, employee
benefit programs, prepaid health plans or other liability or first party coverage, state
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and/or provide: (a) the name of each organization that made such payments; (b) the
amounts of each such payment and copies of receipts and/or cancelled checks; (c) the
dates of each payment; (d) the policy(ies) or contract number pursuant to which such
payments were made and a copy of such policy(ies); (e) the limits of coverage for such
payments; (f) the premium amounts paid by plaintiff for such coverage; (g) the length of
time such coverage remained or will remain in effect for; and (h) the amounts to be owed
plaintiff to continue such coverage.
26. State the amounts of any purported lien(s) or lawful lien(s) against plaintiff's recovery,
and if any are known to the plaintiff, state the basis or said lien(s), the date(s) said lien(s)
were established, asserted, filed, and/or perfected and state the name(s) of any
lienholder(s) or purported lienholders(s).
27. State the basis for the claim that the defendant isjointly and severally liable.
PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply
with the foregoing demand within twenty (20) days, this answering defendant will move to
preclude the offering of any evidence as to the matters herein demanded.
PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply
with the foregoing demand within twenty (20) days, the defendant will move to preclude the
offering of any evidence as to the matters herein demanded.
Dated: Smithtown, New York
August 2, 2018 Yours, etc.,
DEVITT SPELLMAN BARRETT, LLP
Attorneys for Defendant
HOUSING PARTNERSHIP
DEVELOPMENT CORPORATION
50 Route 111, Suite 314
Smithtown, New York 11787
(631) 724-8833
Our File No.: HC8645W9 (KEW/db)
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TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
Attorneys for Plaintiff
29th
551 Fifth Avenue, FlOOr
New York, New York 10176
(212) 684-1880
LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES
Attorneys for Defendants
KALAHARI CONDOMINIUM, THE BOARD OF
MANAGERS OF KALAHARI CONDOMINIUM
and WALLACK MANAGEMENT CO., INC.
200 Madison Avenue
New York, New York 10016
(212) 683-9700
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
Attorneys for Defendant
RNC INDUSTRIES, LLC
538 Broadhollow Road, j Suite 200
Melville, New York 11747
(631) 414-7930
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
——
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YVETTE MCCLAMB,
Index No.: 154374/2018
Plaintiff,
COMBINED DEMANDS
- against -
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM, THE
BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT CO.,
INC., RNC INDUSTRIES, LLC and WEST NEW YORK
RESTORATION OF CT, INC.,
Defendants.
X
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S I R S :
PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands
upon you:
(x) Demand for Discovery and Inspection of Names and Addresses of witnesses, including
notice witnesses;
(x) Demand for Discovery and Inspection of any Statement of a Party Represented by the
Undersigned;
(x) Demand for Discovery and Inspection of Medical Information and Authorizations;
(x) Demand for Discovery and Inspection of Photographs;
(x) Demand for Discovery and Inspection of Income Tax Returns;
(x) Demand for Discovery and Inspection of Accident Reports;
Attorneys'
(x) Demand for Discovery and Inspection of Names;
(x) Demand for Authorizations to Discover and Inspect Plaintiff's School Records;
Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------X YVETTE MCCLAMB, Index No.: 154374/2018 Plaintiff, NOTICE OF - against - CERTIFICATION HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. †-------------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that pursuant to 22 NYCRR Section 130-1.1-a, the annexed papers, VERIFIED ANSWER, DEMAND FOR BILL OF PARTICULARS, COMBINED DEMANDS, DEMAND PURSUANT TO MEDICARE/MEDICAID MANDATORY REPORTING LAW, DEMAND FOR PRODUCTION AS TO PRIOR AND SUBSEQUENT RELATED INJURIES AND CONDITIONS, DEMAND PURSUANT TO CPLR §306-C, DEMAND FOR CELL PHONE RECORDS, DEMAND TO PRESERVE PLAINTIFF'S SOCIAL MEDIA ACCOUNTS, NOTICE OF EBT and NOTICE OF REFUSAL TO ACCEPT SERVICE OF PAPERS BY FAX, are being certified that to the best of the undersigned's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of these paper(s) or contentions therein is not frivolous as defined in subsection 1 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 (c) of Section 130-1.1. Dated: Smithtown, New York August 2, 2018 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 Our File No.: HC8645W9 (KEW/db) By: KELLY WRIGHT TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 29th 551 Fifth Avenue, FlOOr New York, New York 10176 (212) 684-1880 LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. 200 Madison Avenue New York, New York 10016 (212) 683-9700 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for Defendant RNC INDUSTRIES, LLC 538 Broadhollow Road, Suite 200 Melville, New York 11747 (631) 414-7930 2 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 3 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------X YVETTE MCCLAMB, Index No.: 154374/2018 Plaintiff, VERIFIED ANSWER - against - HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. ----------------------------------------------------------------------X Defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, by its attorneys, DEVITT SPELLMAN BARRETT, LLP, as and for its Answer to the plaintiffs Verified Complaint, upon information and belief, states as follows: FIRST: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "1", "9", cc 7!! 7tt cc 8!'! g't cc 9n 9!! »2p'» cC20!! ! <<27» !!271! <<28m c428!! aa29n cc297! 07! pa' I>!'t c'33tt 3!! "17",1 "18", ! 1"19", "20",l'! "21","22", 't! !1 "23", t 24",!t"25",\ "26", "27",t "28", t"29", "30", !t !1 "31", !t"33", aa34n 4!34!! cc35!) ac35n aa36n !!365! aa37» cc37!> cc38>! »38n aa39n ci4pl! a<4Pn !<39'!'! 4441'!! ln "42" <<44<< cc441! aa45n c4451! cc47t! cc47n c4487! aa48tt "34", t "35", "36", 't "37", ! "38", "39",! "40", "41", t! "44", !t "47", t! "45", and "48". "2" SECOND: Regarding paragraph of the Complaint, the responding defendant solely admits that the defendant, HOUSING PARTNERSHIP DEVELOPMENT "HOUSING" CORPORATION, (hereinafter referred to as defendant "HOUSING") was and still is a domestic non for profit corporation, and leaves all questions of law for the Court. THIRD: Denies each and every allegation contained in paragraphs numbered and designated as "3", "4", "5", "6", "7", "43", and "46", and leaves all questions of law for the Court. 4 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 FOURTH: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as "8", "10", "11", "12", "13", "14", "15", "16", and "32", of the complaint, and refer all questions of law to the Honorable Court. FIFTH: Denies each and every allegation contained in paragraphs numbered and designated as "49", "50", "51", "52", and "53". AS AND FOR A FIRST AFFIRMATIVE DEFENSE SIXTH: That ifthe plaintiff recovers herein against two or more tort-feasors jointly liable and/or if the culpable conduct of any person not a party to this action is considered in determining any equitable share herein and if the answering defendant's liability is 50% or less of the total liability assigned, then the answering defendant's liability for non-economic loss shall not exceed the equitable share as determined by the answering defendant's percentage of liability for non-economic loss pursuant to Civil Practice Law and Rules Article 16. AS AND FOR A SECOND AFFIRMATIVE DEFENSE SEVENTH: That the occurrence was caused or contributed to by the negligence of the plaintiff herein and the damages which they are entitled to are diminished by the amount of their negligence which contributed to the occurrence. AS AND FOR A THIRD AFFIRMATIVE DEFENSE EIGHTH: The plaintiffs Complaint fails to state a cause of action. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE NINTH: That any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of the answering defendants. 5 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TENTH: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, property damage or rehabilitative services, loss of earnings or other economic loss, has been or will be with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE ELEVENTH: That plaintiff failed to take those steps necessary to mitigate her damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE TWELFTH: This answering defendant alleges that the incident and damages, if any, complained of were caused solely by the separate, independent, and/or negligent actions and/or inactions of third persons over whom this answering defendant exercised no control and had no relationship. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE THIRTEENTH: The answering defendant denies that any action or inaction on itspart proximately caused the incident or injuries of which plaintiff complains. AS AND FOR A FIRST CROSS CLAIM AGAINST DEFENDANTS, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: FOURTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all of which has been denied by this cross-claiming defendant, then such injuries were caused in whole or in part by the negligence of the co-defendants above named. 6 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 That by reason of the foregoing, this answering defendant is or will be entitled to have judgment over and against the co-defendants in whole or in part as to sum awarded to any plaintiff against this answering defendant. AS AND FOR A SECOND CROSS CLAIM AGAINST DEFENDANTS, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: FIFTEENTH: At all times hereinafter mentioned, the co-defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., and this answering defendant, were parties to an agreement and/or contract which contained an indemnification agreement and/or clause benefitting the defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION. Any injuries sustained by the plaintiff in the manner and at the time and place alleged in the plaintiff's Complaint are embraced within that indemnification agreement and/or clause contained in the agreement and/or contract between defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, and co-defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC. Pursuant to said contract and/or agreement, if plaintiffrecovers any judgment against this answering defendant, this answering defendant is entitled to recover the whole and entire amount of such judgment from the co-defendants. 7 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 AS AND FOR A THIRD CROSS CLAIM AGAINST DEFENDANTS, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: SIXTEENTH: That if the plaintiff sustained the injuries in the manner alleged, all of which has been denied by this cross-claiming defendant, then such injuries were caused in whole or in part by the negligence of the co-defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC. That by reason of the foregoing, this answering defendant will be entitled to have judgment over and against the co-defendants, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES LLC AND WEST NEW YORK RESTORATION OF CT, INC., in whole or in part as to any sum awarded to plaintiff against the defendant. WHEREFORE, defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, demands judgment dismissing the Complaint herein, or in the event that the plaintiffs recover any sum of money over and against this defendant, that this defendant demands judgment over and against the co-defendant above named, as to any such amount, together with 8 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 the costs and disbursements of this action. Dated: Smithtown, New York August 2, 2018 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 Our File No.: HC8645W9 (KEW/db) By. KEL E. WRIG TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 2961 551 Fifth Avenue, Floor New York, New York 10176 (212) 684-1880 LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. 200 Madison Avenue New York, New York 10016 (212) 683-9700 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for Defendant RNC INDUSTRIES, LLC 538 Broadhollow Road, Suite 200 Melville, New York 11747 (631) 414-7930 9 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WESTNEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 10 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) The undersigned, an attorney admitted to practice in the Courts of the State of New York, states, that affirmant is a member of the firm of DEVITT SPELLMAN BARRETT, LLP, the attorneys for the defendant, HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, that affirmant has read the foregoing Answer to the Verified Complaint and knows the contents thereof, and that the same is true to the affirmant's knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters affirmant believes to be true. That the reason this Verification is made by affirmant and not by the defendant is because the defendant's place of business is located outside the County wherein affirmant's office is located and that the source of affirmant's knowledge and the grounds of belief as to those matters therein stated to be alleged on information and belief are correspondence and investigations which have been made concerning the subject matter in this action, and which are in the possession of the said attorneys. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: Smithtown, New York August 2, 2018 KE LY E. GHT Re: McClamb v. Housing Partnership Development (File No.: HC8645W9) 11 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __________________________________...._______..-----------------------------X YVETTE MCCLAMB, Index No.: 154374/2018 Plaintiff, DEMAND FOR A - against - VERIFIED BILL OF PARTICULARS HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. -------------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE that, the undersigned attorneys for the defendant demand that you serve upon them, within twenty (20) days, a verified Bill of Particulars setting forth in detail the following information: 1. Any name used by the plaintiff other than as specifically set forth. 2. The plaintiff's present residence address. 3. Date of birth, social security number and address of the plaintiff. 4. Date, time and exact location of the occurrence. 5. State the acts and/or omissions constituting the negligence claimed against the defendant. 6. State the nature, location and extent of allclaimed injuries. 7. State which injuries are alleged to be permanent in nature. 8. State the length of time, giving the dates, plaintiff was confined to a hospital and state the name of the hospital. 9. State the length of time, giving the dates, plaintiff was confined to: (a) bed and (b) home. 12 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 10. Set forth: (a) the occupation of the plaintiff; (b) plaintiffs social security number; (c) name and address of employer, (d) number of working days incapacitated; (e) rate of pay; and (f) total loss of earnings claimed. 11. If the plaintiff was a student: (a) state the name and address of school; (b) dates plaintiff claims to have been unable to attend school. 12. Total amounts claimed as special damages for charges incurred for:(a) physician services; (b) hospital services; (c) surgical services; (d) nursing services; (e) dental services; (f) ambulance services; (g) x-ray services; (h) prescription drugs; (i)prosthetic devices; and (j)other (specify). 13. If loss of services, society and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; (c) the particular services claimed for loss of services, consortium, medical expenses and other expenses. 14. Set forth by section and title,statutes, regulations, rules, ordinances and all other laws it will be claimed were violated by the defendant. 15. Describe any alleged dangerous and/or defective condition. 16. If it is claimed that a dangerous condition existed, describe such condition, giving the specific dimensions, including the length, depth, height and width thereof. 17. If it is claimed that a defective condition existed, state the nature of the defective condition complained of and state itsapproximate location giving distance and direction from the nearest curb, landmark, or adjoining building and specifying from which points said distances and directions are given. 13 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 18. State in what manner it is alleged that the defendant and/or negligently carelessly controlled, maintained and/or operated the premises so as to permit any alleged dangerous and/or defective condition to exist. 19. Describe any claimed nuisance, foreign substance, slippery substance and/or trap that is claimed to have existed and state the length of time said condition is alleged to have existed. 20. Describe any alleged obstruction which is claimed to have contributed to the occurrence. 21. State whether and if so where plaintiff was standing at the time of the alleged occurrence, giving direction and distance, in feet or inches from the nearest entranceway referred to. 22. State for what purpose the plaintiff was on thepremises. 23. If actual notice of any dangerous and/or defective condition will be claimed was given and/or supplied to the defendant, set forth: (a) the names and addresses of any persons by whom notice was given/supplied; (b) the names and addresses of any persons to whom notice was given/supplied; (c) the time, date and place and manner in which notice was given/supplied in each instance. 24. If constructive notice of any dangerous and/or defective condition will be claimed was given and/or supplied to the defendant, set forth: (a) the conditions by which notice was supplied; (b) the time, date and place notice was had in each instance; (c) duration of condition with date of inception to date constructive notice will be claimed to have been given to the defendant. 25. If medical payments or lostearnings were obtained from any collateral source, including Workers' but not limited to Compensation, no fault, private health insurance, employee benefit programs, prepaid health plans or other liability or first party coverage, state 14 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 and/or provide: (a) the name of each organization that made such payments; (b) the amounts of each such payment and copies of receipts and/or cancelled checks; (c) the dates of each payment; (d) the policy(ies) or contract number pursuant to which such payments were made and a copy of such policy(ies); (e) the limits of coverage for such payments; (f) the premium amounts paid by plaintiff for such coverage; (g) the length of time such coverage remained or will remain in effect for; and (h) the amounts to be owed plaintiff to continue such coverage. 26. State the amounts of any purported lien(s) or lawful lien(s) against plaintiff's recovery, and if any are known to the plaintiff, state the basis or said lien(s), the date(s) said lien(s) were established, asserted, filed, and/or perfected and state the name(s) of any lienholder(s) or purported lienholders(s). 27. State the basis for the claim that the defendant isjointly and severally liable. PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply with the foregoing demand within twenty (20) days, this answering defendant will move to preclude the offering of any evidence as to the matters herein demanded. PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply with the foregoing demand within twenty (20) days, the defendant will move to preclude the offering of any evidence as to the matters herein demanded. Dated: Smithtown, New York August 2, 2018 Yours, etc., DEVITT SPELLMAN BARRETT, LLP Attorneys for Defendant HOUSING PARTNERSHIP DEVELOPMENT CORPORATION 50 Route 111, Suite 314 Smithtown, New York 11787 (631) 724-8833 Our File No.: HC8645W9 (KEW/db) 15 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP Attorneys for Plaintiff 29th 551 Fifth Avenue, FlOOr New York, New York 10176 (212) 684-1880 LAW OFFICE OF MARGARET G. KLEIN & ASSOCIATES Attorneys for Defendants KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM and WALLACK MANAGEMENT CO., INC. 200 Madison Avenue New York, New York 10016 (212) 683-9700 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP Attorneys for Defendant RNC INDUSTRIES, LLC 538 Broadhollow Road, j Suite 200 Melville, New York 11747 (631) 414-7930 STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 16 of 45 FILED: NEW YORK COUNTY CLERK 08/03/2018 06:15 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK —— -------------------------------------------------------------------X YVETTE MCCLAMB, Index No.: 154374/2018 Plaintiff, COMBINED DEMANDS - against - HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. X -------------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands upon you: (x) Demand for Discovery and Inspection of Names and Addresses of witnesses, including notice witnesses; (x) Demand for Discovery and Inspection of any Statement of a Party Represented by the Undersigned; (x) Demand for Discovery and Inspection of Medical Information and Authorizations; (x) Demand for Discovery and Inspection of Photographs; (x) Demand for Discovery and Inspection of Income Tax Returns; (x) Demand for Discovery and Inspection of Accident Reports; Attorneys' (x) Demand for Discovery and Inspection of Names; (x) Demand for Authorizations to Discover and Inspect Plaintiff's School Records;