Answer: German Prado v. The North Flats Llc, North Flats Llc, Building Dev Corp

On October 28, 2014 a Answer was filed involving a dispute between German Prado, and Building Dev Corp, North Flats Llc, The North Flats Llc, for Tort in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 03/19/2015 02:54 PM INDEX NO. 510059/2014
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/19/2015

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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GERMAN PRADO,
Index No.: 510059/2014
Plaintiff,
VERIFIED ANSWER
-against-

THE NORTH FLATS, LLC, NORTH FLATS, LLC and
BUILDING DEV. CORP.,

Defendants.
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Defendants, THE NORTH FLATS, LLC and BUILDING DEV. CORP. ("Answering

Defendants") by their attorneys, TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP, as

and for their Verified Answer to the Verified Complaint of plaintiff, GERMAN PRADO

("plaintiff'), state upon information and belief, as follows:

1. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "1" of the Verified Complaint.

2. Answering Defendants deny the allegations set forth in paragraph "2" of the

Verified Complaint.

3. Answering Defendants deny the allegations set forth in paragraph "3" of the

Verified Complaint.

4. Answering Defendants deny the allegations set forth in paragraph "4" of the

Verified Complaint.

5. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "5" of the Verified Complaint.

6. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "6" of the Verified Complaint.
7. · Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "7" of the Verified Complaint.

8. Answering Defendants admit the allegations set forth in paragraph "8" of the

Verified Complaint.

9. Answering Defendants admit the allegations s~t forth in paragraph "9" of the

Verified Complaint.

10. Answering Defendants deny the allegations set forth in paragraph "1 0" of the

Verified Complaint.

ANSWERING GENERAL ALLEGATIONS
AGAINST DEENDANT THE NORTH FLATS LLC

11. Answering Defendants admit the allegations set forth in paragraph "11" of the

Verified Complaint.

12. Answering Defendants deny the allegations set forth in paragraph "12" of the

Verified Complaint.

13. Answering Defendants deny the allegations set forth in paragraph "13" of the

Verified Complaint.

14. Answering Defendants deny the allegations set forth in paragraph "14" of the

Verified Complaint.

15. Answering Defendants deny the allegations set forth in paragraph "15" of the

Verified Complaint.

16. Answering Defendants deny the allegations set forth in paragraph "16" of the

Verified Complaint.

17. Answering Defendants deny the allegations set forth in paragraph "1 7" of the

Verified Complaint.
18. Answering Defendants deny the allegations set forth in paragraph "18" of the

Verified Complaint.

19. Answering Defendants deny the allegations set forth in paragraph "19" of the

Verified Complaint.

20. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "20" of the Verified Complaint.

21. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "21" of the Verified Complaint.

22. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "22" of the Verified Complaint.

23. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "23" of the Verified Complaint.

24. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "24" of the Verified Complaint.

25. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "25" of the Verified Complaint.

26. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "26" of the Verified Complaint.

27. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "27" of the Verified Complaint.

28. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "28" of the Verified Complaint.

29. Answering Defendants deny the allegations set forth in paragraph "29" of the
Verified Complaint.

30. Answering Defendants deny the allegations set forth in paragraph "30" of the

Verified Complaint.

31. Answering Defendants deny the allegations set forth in paragraph "31" of the

Verified Complaint.

32. Answering Defendants deny the allegations set forth in paragraph "32" of the

Verified Complaint.

33. Answering Defendants deny the allegations set forth in paragraph "33" of the

Verified Complaint.

34. Answering Defendants deny the allegations set forth in paragraph "34" of the

Verified Complaint.

35. Answering Defendants deny the allegations set forth in paragraph "35" of the

Verified Complaint.

36. Answering Defendants deny the allegations set forth in paragraph "36" of the

Verified Complaint.

37. Answering Defendants deny the allegations set forth in paragraph "37" of the

Verified Complaint.

ANSWERING GENERAL ALLEGATIONS
REGARDING CONSTRUCTION PROJECT

38. Answering Defendants deny the allegations set forth in paragraph "3 8" of the

Verified Complaint, but admit that certain services were being performed at the Construction

Project.

39. Answering Defendants deny the allegations set forth in paragraph "3 9" of the

Verified Complaint, but admit that certain services were being performed at the Construction
Project.

40. Answering Defendants admit the allegations set forth in paragraph "40" of the

Verified Complaint.

41. Answering Defendants deny the allegations set forth in paragraph "41" of the

Verified Complaint.

42. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "42" of the Verified Complaint.

43. Answering Defendants deny the allegations set forth in paragraph "43" of the

Verified Complaint.

44. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "44" of the Verified Complaint.

45. Answering Defendants deny the allegations set forth in paragraph "45" of the

Verified Complaint.

46. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "46" of the Verified Complaint.

47. Answering Defendants deny the allegations set forth in paragraph "47" of the

Verified Complaint.

48. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "48" ofthe Verified Complaint.

49. Answering Defendants deny the allegations set forth in paragraph "49" of the

Verified Complaint.

50. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "50" of the Verified Complaint.
51. Answering Defendants deny the allegations set forth in paragraph "51" of the

Verified Complaint.

52. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "52" of the Verified Complaint.

53. Answering Defendants deny the allegations set forth in paragraph "53" of the

Verified Complaint.

54. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "54" of the Verified Complaint.

55. Answering Defendants deny the allegations set forth in paragraph "55" of the

Verified Complaint.

56. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "56" of the Verified Complaint.

57. Answering Defendants admit the allegations set forth in paragraph "57" of the

Verified Complaint.

58. Answering Defendants deny the allegations set forth in paragraph "58" of the

Verified Complaint.

59. Answering Defendants admit the allegations set forth in paragraph "59" of the

Verified Complaint.

60. Answering Defendants deny the allegations set forth in paragraph "60" of the

Verified Complaint.

61. Answering Defendants deny the allegations set forth in paragraph "61" of the

Verified Complaint.

62. Answering Defendants admit the allegations set forth in paragraph "62" of the
Verified Complaint.

63. Answering Defendants admit the allegations set forth in paragraph "63" of the

Verified Complaint.

64. Answering Defendants deny the allegations set forth in paragraph "64" of the

Verified Complaint.

65. Answering Defendants deny the allegations set forth in paragraph "65" of the

Verified Complaint.
:.-.i
66. Answering Defendants deny the allegations set forth in paragraph "66" of the

Verified Complaint.

ANSWERING A FIRST CAUSE OF ACTION
BASED ON COMMON LAW NEGLIGENCE

67. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "67" of the Verified Complaint.

68. Answering Defendants deny knowledge or information sufficient to form a belief

as to the allegations set forth in paragraph "68" of the Verified Complaint.

69. Answering Defendants deny the allegations set forth in paragraph "69" of the

Verified Complaint.

70. Answering Defendants deny the allegations set forth in paragraph "70" of the

Verified Complaint.

71. Answering Defendants deny the allegations set forth in paragraph "71" of the

Verified Complaint.

72. Answering Defendants deny the allegations set forth in paragraph "72" of the

Verified Complaint.

73. Answering Defendants deny the allegations set forth in paragraph "73" of the
Verified Complaint.

74. Answering Defendants deny the allegations set forth in paragraph "74" of the

Verified Complaint, and refer all questions of law to the Court.

75. Answering Defendants deny the allegations set forth in paragraph "75" of the

Verified Complaint.

ANSWERING A SECOND CAUSE OF ACTION
BASED ON LABOR LAW SECTION 200

76. In response to paragraph "76'"' of the Verified Complaint, Answering Defendants

repeat, reiterate, and reallege each and every response set forth in paragraphs "1" through "75"

above as if fully set forth herein at length.

77. Answering Defendants deny the allegations set forth in paragraph "77" of the

Verified Complaint, and refer all questions of law to the Court.

78. Answering Defendants deny the allegations set forth in paragraph "78" of the

Verified Complaint.

79. Answering Defendants deny the allegations set forth in paragraph "79" of the

Verified Complaint.

80. Answering Defendants deny the allegations set forth in paragraph "80" of the

Verified Complaint.

81. t\nswering Defendants deny the allegations set forth in paragraph "81" of the

Verified Complaint.

82. Answering Defendants deny the allegations set forth in paragraph "82" of the

Verified Complaint.

83. Answering Defendants deny the allegations set forth in paragraph "83" of the

Verified Complaint.
84. Answering Defendants deny the allegations set forth in paragraph "84" of the

Verified Complaint, and refer all questions of law to the Court.

85. Answering Defendants deny the allegations set forth in paragraph "85" of the

Verified Complaint.

ANSWERING A THIRD CAUSE OF ACTION
BASED ON LABOR LAW SECTION 240

86. In response to paragraph "86'"' of the Verified Complaint, Answering Defendants

repeat, reiterate, and reallege each and every response set forth in paragraphs "1" through "85"

above as if fully set forth herein at length.

87. Answering Defendants deny the allegations set forth in paragraph "87" of the

Verified Complaint, and refer all questions of law to the Court.

88. Answering Defendants deny the allegations set forth in paragraph "88" of the

Verified Complaint.

89. Answering Defendants deny the allegations set forth in paragraph "89" of the

Verified Complaint.

90. Answering Defendants deny the allegations set forth in paragraph "90" of the

Verified Complaint.

91. Answering Defendants deny the allegations set forth in paragraph "91" of the

Verified Complaint.

92. Answering Defendants deny the allegations set forth in paragraph "92" of the

Verified Complaint.

93. Answering Defendants deny the allegations set forth in paragraph "93" of the

Verified Complaint.

94. Answering Defendants deny the allegations set forth in paragraph "94" of the
Verified Complaint, and refer all questions of law to the Court.

95. Answering Defendants deny the allegations set forth in paragraph "95" of the

Verified Complaint.

ANSWERING A FOURTH CAUSE OF ACTION
BASED ON LABOR LAW SECTION 241(6)

96. In response to paragraph "96"" of the Verified Complaint, Answering Defendants

repeat, reiterate, and reallege each and every response set forth in paragraphs "1" through "95"

above as if fully set forth herein at length.

97. Answering Defendants deny the allegations set forth in paragraph "97" of the

Verified Complaint, and refer all questions of law to the Court.

98. Answering Defendants deny the allegations set forth in paragraph "98" of the

Verified Complaint.

99. Answering Defendants deny the allegations set forth in paragraph "99" of the

Verified Complaint.

100. Answering Defendants deny the allegations set forth in paragraph "100" of the

Verified Complaint.

101. Answering Defendants deny the allegations set forth in paragraph "1 01" of the

Verified Complaint.

102. Answering Defendants deny the allegations set forth in paragraph "1 02" of the

Verified Complaint.

103. Answering Defendants deny the allegations set forth in paragraph "103" of the

Verified Complaint, and refer all questions of law to the Court.

104. Answering Defendants deny the allegations set forth in paragraph "104" of the

Verified Complaint.
AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

105. Any injuries and/or damages sustained by the Plaintiff, as alleged in Plaintiffs

Verified Complaint herein, which these Answering Defendants deny, were caused, in whole or in

part, by the contributory negligence and/or culpable conduct of the Plaintiff or a third party over

which the Answering Defendants had no control and not as a result of any negligence and/or

culpable conduct on the part of these Answering Defendants.

SECOND AFFIRMATIVE DEFENSE

106. That by entering into the activity in which the Plaintiff was engaged at the time of

the occurrence set forth in the Verified Complaint, said Plaintiff knew th~ inherent risks incident

thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were

sustained by the Plaintiff herein as alleged in the Verified Complaint arise from and were caused

by reason of such risks voluntarily undertaken by the Plaintiff in the activities and such risks were

assumed and accepted by the Plaintiff in performing and engaging in said activities.

THIRD AFFIRMATIVE DEFENSE

107. The alleged acts and/or omissions of the plaintiff were the sole proximate cause of

Plaintiffs damages alleged in the Verified Complaint herein.

FOURTH AFFIRMATIVE DEFENSE

108. Upon information and belief, the injuries and damages, if any, allegedly sustained

by the Plaintiff as alleged in the Verified Complaint were caused by third parties other than these

Answering Defendants over which Answering Defendants had no control and, by reason of the

foregoing, the Verified Complaint should be dismissed as to the Answering Defendants.
FIFTH AFFIRMATIVE DEFENSE

109. The causes of action set forth in the Verified Complaint fail to state a claim upon

which relief can be granted.

SIXTH AFFIRMATIVE DEFENSE

110. Upon information and belief, Plaintiff either failed to use, improperly used or

misused available safety devices as a result of which the alleged injuries were sustained or

aggravated and by virtue of the foregoing, the damages, if any, to which the Plaintiff might

otherwise be entitled to recover should be mitigated accordingly.

SEVENTH AFFIRMATIVE DEFENSE

111. Necessary or indispensable party(ies) have not been joined and, therefore, the

action should not proceed and should be dismissed.

EIGHTH AFFIRMATIVE DEFENSE

112. In the event Plaintiff recovers a verdict or judgment against these Answering

Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those

amounts which have been or will, with reasonable certainty, ·replace or indemnify Plaintiff, in

whole or in part, for any past or future claimed economic loss, from any collateral source such as

insurance, social security, workers' compensation or employee benefit programs.

NINTH AFFIRMATIVE DEFENSE

113. Pursuant to the provisions of Article 16 of the CPLR, should Answering

Defendants be found liable for damages, such liability being 50 percent or less of the total liability

assigned to all persons liable, the liability of Answering Defendants for non-economic loss shall

not exceed its equitable share determined in accordance with the relative culpability of all parties

liable.
TENTH AFFIRMATIVE DEFENSE

114. The negligence of a third person or entity over whom Answering Defendants had

no control was a superseding cause and insulates these Answering Defendants from liability.

ELEVENTH AFFIRMATIVE DEFENSE

115. Answering Defendants did not have prior actual or constructive notice of any

defective, unsafe or hazardous condition at the subject premises.

TWELFTH AFFIRMATIVE DEFENSE

116. While Answering Defendants deny plaintiffs allegations of negligence and

statutory violations, any liability, statutory liability, injury or damages, if proven, were the result of

intervening or interceding acts of superseding negligence, liability, statutory liability or strict

liability on the part of parties over whom these Answering Defendants had neither control nor any

right of control, and for whose acts or omissions these Answering Defendants are not legally

responsible.

THIRTEENTH AFFIRMATIVE DEFENSE

117. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the

injuries, damages and/or disabilities alleged in the Verified Complaint.

FOURTEENTH AFFIRMATIVE DEFENSE

118. Plaintiff was a recalcitrant worker at the time of the accident alleged in the Verified

Complaint and/or his own negligence was the cause of the accident and therefore his claims are

barred.

FIFTEENTH AFFIRMATIVE DEFENSE

119. Plaintiffs sole and exclusive remedy is the Workers' Compensation Act of the

State of New York.
SIXTEENTH AFFIRMATIVE DEFENSE

120. If there were any defects or hazardous conditions referred to in the Verified

Complaint, which the Answering Defendants deny, plaintiff failed to exercise. reasonable care to

discover the alleged defects and to appreciate the dangers thereof.

SEVENTEENTH AFFIRMATIVE DEFENSE

121. The dangers, if any, alleged in the Verified Complaint were patent, open and

obvious.

EIGHTEENTH AFFIRMATIVE DEFENSE

122. The causes of action set forth in the Verified Complaint pursuant to alleged

violations of Labor Law §§200, 240 and 241(6) are inapplicable to the instant action.

NINETEENTH AFFIRMATIVE DEFENSE

123. Answering Defendants reserve the right to assert any additional affirmative

defenses it may have which cannot now be articulated due to plaintiffs failure to particularize its

claims, and because the Verified Complaint is vague and uncertain, or due to plaintiffs failure to

provide more specific information concerning the nature of the claims. Upon further

particularization of the claims by plaintiff, or upon discovery of further information concerning the

instant claims, Answering Defendants reserve the right to assert additional defenses.
WHEREFORE, Answering Defendants demand that the Verified Complaint be dismissed

in its entirety, and for such other different and further relief as this court deems just and proper

under the circumstances.

Dated: Hawthorne, New York
March 18, 2015

Yours, etc.

TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendants, Chelsea 20th Street Development,
LLC, The Brads rganization and Ryder Construction, Inc.

Robert M. Leff, Esq.
Evan B. Rudnicki, Esq.
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
Tel. No.: (914) 347-2600

TO: ISAACSON SCHIOWITZ & KORSON, LLP
Attorneys for Plaintiff
371 Merrick Road, Suite 302
Rockville Centre, New York 11570
(516) 208-1300

• I
-,
_,
ATTORNEY VERIFICATION

STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )

THE NORTH FLATS, LLC and BUILDING DEV. CORP. are defendants in the action
herein;

I am a partner of the firm of Traub Lieberman Straus & Shrewsberry LLP, which has been
retained to rep~esent said Defendants in the action herein;

I have read the annexed Verified Answer, know the contents thereof, and the same is true to
my knowledge, except to those matters therein which are stated to be alleged upon information and
belief, and as to those matters I believe them to be true.

My belief, as to those matters therein not stated upon my knowledge, is based upon
information contained in our file.

I affirm that the foregoing statements are true under penalties of perjury.

This Verification is made by me and not by the defendants because the defendants are
located outside the county in which my office is located.

R
TRAUB LIEBERMAN STRAUS
& SHREWSBERRY LLP
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532

Case Info

Judge

Carl J Track Judge’s New Case

Case No.

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Document Filed Date

March 19, 2015

Case Filing Date

October 28, 2014

County

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