Preview
FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------ X
BERNADETTA JABLONSKA, : VERIFIED ANSWER TO
: PLAINTIFF'S COMPLAINT
Plaintiff, :
: Index No. 612403/2021
- against - :
:
RARYTAS DELI INC., and JAROLAW :
CHOROMANSKI,
DefendantS.
--------------- X
Defendants RARYTAS DELI INC. ("Rarytas"), and JAROLAW
CHOROMANSKI (collectively referred to as the "Defendants") by and through their
attorneys, Law Offices of Michael P. Giampilis, P.C. answers the complaint of Plaintiff
as follows:
PRELIMINARY STA_TEMENT
1. Defendants are without sufficient knowledge or information to form a belief
as to the truth or falsity of the allegations contained in Paragraph 1 of the
Plaintiff's Complaint.
2. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraph 2 of the Plaintiff's Complaint. The New York Labor
Law ("NYLL") speaks for itself.
3. Defendants deny the allegations contained in Paragraphs 3 and 4 of the
Plaintiff's Complaint.
THE PARTIES
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4. Defendants are without sufficient knowledge or information to form a belief
as to the truth or falsity of the allegations contained in Paragraph 5 of the
Plaintiff's Complaint.
5. Defendants admit the statement contained in Paragraphs 6 and 7 of the
Plaintiff's Complaint.
6. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraph 8 of the Plaintiff's Complaint. The NYLL speaks for
itself.
7. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraph 9 of the Plaintiff's Complaint. The NYLL and all other
referenced by Plaintiff in his complaint speak for theniselves.
FACTS
8. Defendants deny the allegations contained in Paragraph 10 of the Plaintiff's
Complaint except that plaintiff did work for Rarytas.
9. Defendants deny the allegations contained in Paragraph 11 of the Plaintiff's
Complaint.
10. Defendants deny the allegations contained in Paragraph 12 of the Plaintiff's
Complaint except that plaintiff did work for Rarytas.
11. Defendants deny the allegations contained in Paragraphs 13, 14, 15, 16, 17,
18, 19, 20, 21, 22 and 23 of the Plaintiff's Complaint.
FIRST CAUSE OF ACTION:
NEW YORK LABOR LAW- MINIMUM WAGE
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12. Defendants hereby repeat, reiterate and reallege each and every response to
each and every allegation contained in Paragraphs 1 through 23 of Plaintiff's
Complaint as if fully set forth at length herein.
13. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraph 25 of the Plaintiff's Complaint. The New York statute
cited by plaintiff speaks for itself.
14. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraphs 26 and 27 of the Plaintiff's Complaint. The New
York Labor Law and all other New York statutes cited by plaintiff speak for
themselves.
15. Defendants deny the allegations contained in Paragraphs 28 and 29 of the
Plaintiff's Complaint.
SECOND CAUSE OF ACTION:
NEW YORK LABOR LAW- OVERTIME
16. Defendants hereby repeat, reiterate and reallege each and every response to
each and every allegation contained in Paragraphs 1 through 29 of Plaintiff's
Complaint as if fully set forth at length herein.
17. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraphs 31 and 32 of the Plaintiff's Complaint. The New
York Labor Law and all other New York statutes cited by plaintiff speak for
themselves.
18. Defendants deny the allegations contained in Paragraphs 33, 34, 35 and 36 of
the Plaintiff's Complaint.
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THIRD CAUSE OF ACTION:
LAW- OF__HOURS"
NEW YORK LABOR "SPREAD
19. Defendants hereby repeat, reiterate and reallege each and every response to
each and every allegation coñtained in Paragraphs 1 through 29 of Plaintiff s
Complaint as if fully set forth at length herein.
20. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraph 38 of the Plaintiff s Ceraplãist. The New York statute
cited by plaintiff speaks for itself.
21. Defendants deny the allegations contained in Paragraphs 39, 40, 41 and 42 of
the Plaintiff s Complaint.
FOURTH CAUSE OF ACTION:
FAILURE TO PAY WAGES
22. Defendants hereby repeat, reiterate and reallege each and every response to
each and every allegation contained in Paragraphs 1 through 42 of PlaintifF s
Complaint as if fully set forth at length herein.
23. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraphs 44, 45 and 46 of the Plaintiff's Complaint. The New
York Labor Law speaks for itself.
24. Defendants deny the allegations contained in Paragraphs 47, 48, 49, 50, 51
and 52 of the Plaintiff's Complaint.
FIFTH CAUSE OF ACTION:
NEW YORK LABOR LAW-
FAILURE TO FURNISH WAGE STATEMENTS
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25. Defendants hereby repeat, reiterate and reallege each and every response to
each and every allegation contained in Paragraphs 1 through 52 of Plaintiff s
Complaint as if fully set forth at length herein.
26. Defendants neither admit nor deny the truth or falsity of the allegations
contained in Paragraphs 53 and 54 of the Plaintiff's Complaint. The New
York Labor Law speaks for itself.
27. Defendants deny the allegations conisined in Paragraphs 55 and 56 of the
Plaintiff's Complaint.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
The complaint fails to state a cause of action upon which relief can be granted.
SECQND AFFIRMATIVE DEFENSE
Plaintiff's wages were fully paid for the entire period of his employment. As such,
Plaintiff has suffered no losses or damages as a result of any alleged acts of Defendants.
THIRD AFFIRMATIVE DEFENSE
Defendants are not liable to plaintiff or in the alternative plaintiff's claims should
be reduced and the Defendants are entitled to a setoff for all wages paid to
plaintiff during his employment claimed in the complaint.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff's wages, including minimum wage, overtime pay and spread of hours pay
claimed in the complaint were fully paid in accordance with the New York Labor Laws.
FIFTH AFFIRMATIVE DEFENSE
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The causes of action asserted in the complaint are barred, in whole or in part, by
the doctrines of unclean hands and bad faith conduct.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff's claims may be barred by fraud and/or misrepresentation.
SEVENTH AFFIRMATIVE DEFENSE
Defendants'
actions were at all times proper and in good faith.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff did not work at Rarytas for the period claimed in the complaint. As such,
no unpaid wages are due Plaintiff.
NINTH AFFIRMATIVE DEFENSE
Defendant JAROLAW CHOROMANSKI neither owns, operates nor controls any part of
Defendant Rarytas. In addition, Defendant JAROLAW CHOROMANSKI is not an
officer or agent of Rarytas. He is merely an employee of Rarytas. As such, all claims
against him must be dismissed and the action commenced against him in this matter must
be discontinued with prejudice.
_RESERVATION OF RIGHTS
Defendants hereby give notice to plaintiff as stated in their Answer that they lack
sufficient knowledge or information upon which to form a belief as to the truth of certain
allegations contained in the plaintiff's complaint or specific knowledge of actions on the
part of plaintiff or other persails that contributed to or caused plaintiff's alleged damages.
Until Defendants avail themselves of their right of discovery, it cannot be determined
whether or not the above stated Affirmative Defenses will be asserted at trial. Defendants
assert these defenses in their Answer in order to preserve their right to assert these
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affirmative defenses at trial and to give plaintiff notice of their intention to assert these
defenses and avoid waiver of any defenses.
Defendants therefore hereby reserve the right to add additional affirmative
defenses as may become known during the course of discovery.
WHEREFORE, Defendants demand judgment dismissing plaintiff's complaint in
attomeys'
its entirety, with an award of costs, disbursements and reasonable fees,
together with such other and further relief as to this Court seems just and proper.
Dated: August 13, 2021
Mineola, New York
LAW OFFICES OF
MICHAEL P. GIAMPILIS, P.C.
By: chael . iampilis
Atto for D endants
94 Willis venue
Mineola, New York 11501
(516) 739-5838
(516) 739-8225 fax
mgiamnilis@eiamuilislaw.com
To: Nicole Brenecki, Esq.
JODRE BRENECKI, LLP
Attorneys for Plaintiff
71-27 Fresh Pond Road- Second Floor
Queens, New York 11385
(347) 563-2605
(929) 337-6030 fax
nicole@jodrebrenecki.com
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VERIFICATION
Michael P. Giampilis, an attorney admitted to practice in the courts of New York
State, hereby affirms the following under penalties of perjury:
I am the attorney of record for defendants RARYTAS DELI INC., and
JAROLAW CHOROMANSKI; I have read the foregoing Answer and know the contents
thereof; the same is true to my own knowledge, except as to the matters therein alleged to
be on information and belief, as to those matters, I believe it to be true. The reason this
verification is made by me and not by defendants RARYTAS DELI INC., and
JAROLAW CHOROMANSKI is because your affirmant's office is located in a different
county than the office of defendant RARYTAS DELI INC., or residence of JAROLAW
CHOROMANSKI.
Dated: August 13, 2021
Mineola, New York
Mic ampilis
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Preview
FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------ X BERNADETTA JABLONSKA, : VERIFIED ANSWER TO : PLAINTIFF'S COMPLAINT Plaintiff, : : Index No. 612403/2021 - against - : : RARYTAS DELI INC., and JAROLAW : CHOROMANSKI, DefendantS. --------------- X Defendants RARYTAS DELI INC. ("Rarytas"), and JAROLAW CHOROMANSKI (collectively referred to as the "Defendants") by and through their attorneys, Law Offices of Michael P. Giampilis, P.C. answers the complaint of Plaintiff as follows: PRELIMINARY STA_TEMENT 1. Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the allegations contained in Paragraph 1 of the Plaintiff's Complaint. 2. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraph 2 of the Plaintiff's Complaint. The New York Labor Law ("NYLL") speaks for itself. 3. Defendants deny the allegations contained in Paragraphs 3 and 4 of the Plaintiff's Complaint. THE PARTIES 1 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 4. Defendants are without sufficient knowledge or information to form a belief as to the truth or falsity of the allegations contained in Paragraph 5 of the Plaintiff's Complaint. 5. Defendants admit the statement contained in Paragraphs 6 and 7 of the Plaintiff's Complaint. 6. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraph 8 of the Plaintiff's Complaint. The NYLL speaks for itself. 7. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraph 9 of the Plaintiff's Complaint. The NYLL and all other referenced by Plaintiff in his complaint speak for theniselves. FACTS 8. Defendants deny the allegations contained in Paragraph 10 of the Plaintiff's Complaint except that plaintiff did work for Rarytas. 9. Defendants deny the allegations contained in Paragraph 11 of the Plaintiff's Complaint. 10. Defendants deny the allegations contained in Paragraph 12 of the Plaintiff's Complaint except that plaintiff did work for Rarytas. 11. Defendants deny the allegations contained in Paragraphs 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of the Plaintiff's Complaint. FIRST CAUSE OF ACTION: NEW YORK LABOR LAW- MINIMUM WAGE 2 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 12. Defendants hereby repeat, reiterate and reallege each and every response to each and every allegation contained in Paragraphs 1 through 23 of Plaintiff's Complaint as if fully set forth at length herein. 13. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraph 25 of the Plaintiff's Complaint. The New York statute cited by plaintiff speaks for itself. 14. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraphs 26 and 27 of the Plaintiff's Complaint. The New York Labor Law and all other New York statutes cited by plaintiff speak for themselves. 15. Defendants deny the allegations contained in Paragraphs 28 and 29 of the Plaintiff's Complaint. SECOND CAUSE OF ACTION: NEW YORK LABOR LAW- OVERTIME 16. Defendants hereby repeat, reiterate and reallege each and every response to each and every allegation contained in Paragraphs 1 through 29 of Plaintiff's Complaint as if fully set forth at length herein. 17. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraphs 31 and 32 of the Plaintiff's Complaint. The New York Labor Law and all other New York statutes cited by plaintiff speak for themselves. 18. Defendants deny the allegations contained in Paragraphs 33, 34, 35 and 36 of the Plaintiff's Complaint. 3 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 THIRD CAUSE OF ACTION: LAW- OF__HOURS" NEW YORK LABOR "SPREAD 19. Defendants hereby repeat, reiterate and reallege each and every response to each and every allegation coñtained in Paragraphs 1 through 29 of Plaintiff s Complaint as if fully set forth at length herein. 20. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraph 38 of the Plaintiff s Ceraplãist. The New York statute cited by plaintiff speaks for itself. 21. Defendants deny the allegations contained in Paragraphs 39, 40, 41 and 42 of the Plaintiff s Complaint. FOURTH CAUSE OF ACTION: FAILURE TO PAY WAGES 22. Defendants hereby repeat, reiterate and reallege each and every response to each and every allegation contained in Paragraphs 1 through 42 of PlaintifF s Complaint as if fully set forth at length herein. 23. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraphs 44, 45 and 46 of the Plaintiff's Complaint. The New York Labor Law speaks for itself. 24. Defendants deny the allegations contained in Paragraphs 47, 48, 49, 50, 51 and 52 of the Plaintiff's Complaint. FIFTH CAUSE OF ACTION: NEW YORK LABOR LAW- FAILURE TO FURNISH WAGE STATEMENTS 4 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 25. Defendants hereby repeat, reiterate and reallege each and every response to each and every allegation contained in Paragraphs 1 through 52 of Plaintiff s Complaint as if fully set forth at length herein. 26. Defendants neither admit nor deny the truth or falsity of the allegations contained in Paragraphs 53 and 54 of the Plaintiff's Complaint. The New York Labor Law speaks for itself. 27. Defendants deny the allegations conisined in Paragraphs 55 and 56 of the Plaintiff's Complaint. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE The complaint fails to state a cause of action upon which relief can be granted. SECQND AFFIRMATIVE DEFENSE Plaintiff's wages were fully paid for the entire period of his employment. As such, Plaintiff has suffered no losses or damages as a result of any alleged acts of Defendants. THIRD AFFIRMATIVE DEFENSE Defendants are not liable to plaintiff or in the alternative plaintiff's claims should be reduced and the Defendants are entitled to a setoff for all wages paid to plaintiff during his employment claimed in the complaint. FOURTH AFFIRMATIVE DEFENSE Plaintiff's wages, including minimum wage, overtime pay and spread of hours pay claimed in the complaint were fully paid in accordance with the New York Labor Laws. FIFTH AFFIRMATIVE DEFENSE 5 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 The causes of action asserted in the complaint are barred, in whole or in part, by the doctrines of unclean hands and bad faith conduct. SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims may be barred by fraud and/or misrepresentation. SEVENTH AFFIRMATIVE DEFENSE Defendants' actions were at all times proper and in good faith. EIGHTH AFFIRMATIVE DEFENSE Plaintiff did not work at Rarytas for the period claimed in the complaint. As such, no unpaid wages are due Plaintiff. NINTH AFFIRMATIVE DEFENSE Defendant JAROLAW CHOROMANSKI neither owns, operates nor controls any part of Defendant Rarytas. In addition, Defendant JAROLAW CHOROMANSKI is not an officer or agent of Rarytas. He is merely an employee of Rarytas. As such, all claims against him must be dismissed and the action commenced against him in this matter must be discontinued with prejudice. _RESERVATION OF RIGHTS Defendants hereby give notice to plaintiff as stated in their Answer that they lack sufficient knowledge or information upon which to form a belief as to the truth of certain allegations contained in the plaintiff's complaint or specific knowledge of actions on the part of plaintiff or other persails that contributed to or caused plaintiff's alleged damages. Until Defendants avail themselves of their right of discovery, it cannot be determined whether or not the above stated Affirmative Defenses will be asserted at trial. Defendants assert these defenses in their Answer in order to preserve their right to assert these 6 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 affirmative defenses at trial and to give plaintiff notice of their intention to assert these defenses and avoid waiver of any defenses. Defendants therefore hereby reserve the right to add additional affirmative defenses as may become known during the course of discovery. WHEREFORE, Defendants demand judgment dismissing plaintiff's complaint in attomeys' its entirety, with an award of costs, disbursements and reasonable fees, together with such other and further relief as to this Court seems just and proper. Dated: August 13, 2021 Mineola, New York LAW OFFICES OF MICHAEL P. GIAMPILIS, P.C. By: chael . iampilis Atto for D endants 94 Willis venue Mineola, New York 11501 (516) 739-5838 (516) 739-8225 fax mgiamnilis@eiamuilislaw.com To: Nicole Brenecki, Esq. JODRE BRENECKI, LLP Attorneys for Plaintiff 71-27 Fresh Pond Road- Second Floor Queens, New York 11385 (347) 563-2605 (929) 337-6030 fax nicole@jodrebrenecki.com 7 of 8 FILED: SUFFOLK COUNTY CLERK 08/13/2021 06:33 PM INDEX NO. 612403/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/13/2021 VERIFICATION Michael P. Giampilis, an attorney admitted to practice in the courts of New York State, hereby affirms the following under penalties of perjury: I am the attorney of record for defendants RARYTAS DELI INC., and JAROLAW CHOROMANSKI; I have read the foregoing Answer and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, as to those matters, I believe it to be true. The reason this verification is made by me and not by defendants RARYTAS DELI INC., and JAROLAW CHOROMANSKI is because your affirmant's office is located in a different county than the office of defendant RARYTAS DELI INC., or residence of JAROLAW CHOROMANSKI. Dated: August 13, 2021 Mineola, New York Mic ampilis 8 of 8