Preview
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------ X
JULISSA ESCANO
VERIFIED ANSWER
Plaintiff,
Index No. 521833/2018
-against-
5223 3 AVE LCC and BEST WORK INC.
Defendants.
---------------------------------------------------------------- X
Defendant Best Work Inc. ("defendant"), by its attorneys, Landman Corsi Ballaine & Ford
P.C., answers the Verified Complaint, upon information and belief, as follows:
1. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 1.
2. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 2.
3. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 3.
4. Defendant admits the allegations contained in paragraph 4.
5. Defendant admits the allegations contained in paragraph 5.
6. Defendant avers that paragraph 6 contains conclusions of law to which no response
is required. To the extent a response is required, the allegations are denied.
AS AND FOR A FIRST CAUSE OF ACTION
AGAINST DEFENDANT 5223 3 AVE LLC.
7. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 7.
4825-4006-8987v.1
1 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
8. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 8.
9. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 9.
10. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 10.
11. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 11.
12. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 12.
13. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 13.
14. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 14.
15. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 15.
16. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 16.
17. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 17.
18. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 18.
2
4825-4006-8987v.1
2 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
19. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 19.
20. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 20.
21. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 21.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST DEFENDANT BEST WORK IE
22. Defendant repeats and realleges its response contained in paragraphs 1 through 21
of this Answer.
23. Defendant denies the allegations contained in paragraph 23.
24. Defendant denies the allegations contained in paragraph 24.
25. Defendant denies the allegations contained in paragraph 25.
26. Defendant denies the allegations contained in paragraph 26.
27. Defendant denies the allegations contained in paragraph 27.
28. Defendant denies the allegations contained in paragraph 28.
29. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 29.
30. Defendant denies the allegations contained in paragraph 30.
31. Defendant denies the allegations contained in paragraph 31.
32. Defendant denies the allegations contained in paragraph 32.
33. Defendant denies the allegations contained in paragraph 33.
34. Defendant denies the allegations contained in paragraph 34.
35. Defendant denies the allegations contained in paragraph 35.
3
4825-4006-8987v.1
3 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Any injuries suffered by plaintiff were caused solely by her own negligence and not by any
negligence of defendant.
SECOND AFFIRMATIVE DEFENSE
Any injuries suffered by plaintiff were caused, in part, by her own negligence, and any
recovery by her must be diminished in proportion to that part of his injuries attributable to her own
negligence.
THIRD AFFIRMATIVE DEFENSE
Any injuries suffered by plaintiff was not caused by a negligent act or omission of
defendant or any individual acting under its direction or control.
FOURTH AFFIRMATIVE DEFENSE
Any injuries suffered by plaintiff were due to her assumption of the risk.
FIFTH AFFIRMATIVE DEFENSE
The complaint fails to state a cause of action upon which relief may be granted.
SIXTH AFFIRMATIVE DEFENSE
If plaintiff has sustained any damages in this matter, which defendant denies, then
defendant's liability, if any, shall be limited in accordance with Article 16 of the CPLR.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate or otherwise act to lessen or reduce her damages.
EIGHTH AFFIRMATIVE DEFENSE
Defendant is entitled to the application of General Obligations Law § 15-108 if plaintiff
settles with one of several joint tortfeasors.
4
4825-4006-8987v.1
4 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
NINTH AFFIRMATIVE DEFENSE
Defendant is entitled to the benefit of CPLR Article 14.
TENTH AFFIRMATIVE DEFENSE
Defendant is entitled to have plaintiff's award, if any, reduced by the amount of
remuneration and/or compensation she received from other sources for her claimed economic loss,
pursuant to CPLR 4545.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff's damages, if any, must be reduced pursuant to the Patient Protection and
Affordable Care Act 42 U.S.C. 18001, g seg.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff's damages, if any, are preempted in whole or in part by the Federal Immigration
Reform and Control Act of 1986, 8 U.S.C. 1324a g seg.
THIRTEENTH AFFIRMATIVE DEFENSE
This Court lacks personal jurisdiction over defendant because of lack of proper service.
WHEREFORE, defendant demands judgment against plaintiff, dismissing all claims
against it and for such other relief as the Court deems just and proper.
AS TO CROSS-CLAIMS
Defendant denies all cross-claims asserted against it.
5
4825-4006-8987v.1
5 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
CROSS-CLAIMS
FIRST CROSS CLAIM
(Contribution)
1. If defendant is found liable in this action, defendant alleges that such liability is the
result, either wholly or in part, of the negligence, acts and omissions of co-defendant, thereby
entitling defendant to contribution from co-defendant.
2. By reason of the foregoing, co-defendant will be liable to defendant in the event
judgment is recovered by plaintiff in the amount of said judgment or in an amount equal to the
excess over and above defendant's equitable share of such judgment. The equitable shares of any
judgment recovered by plaintiff are to be determined in accordance with the relative culpability of
all parties.
SECOND CROSS CLAIM
(Common Law Indemnity)
3. Plaintiff alleges defendant is liable as described in the verified complaint. While
defendant denies and all liability with respect to plaintiffs claim, if in fact any liability is
established, defendant is not at fault, is not morally culpable, and any liability on its part, which is
denied, could only be technical, vicarious or secondary to the liability of co-defendant. By reason
of the foregoing, co-defendant will be liable to defendant in the event judgment is recovered against
it.
WHEREFORE, defendant demands judgment against co-defendant for contribution and
common law indemnity.
6
4825-4006-8987v.1
6 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
Dated: Newark, NJ
November 16, 2018
Yours, etc.,
LANDMAN CORSI BALLAINE & RD P.C.
By:
Gda T. Fo
Attorneys for Defendant
Best Work Inc.
'
One Gateway Center 4 Floor
Newark, NJ 07102
(973) 623-2700
-and-
120 Broadway
27d'
Floor
New York, NY 10271
(212) 238-4800
TO: John D. Pontisakos
PONTISAKOS & BRANDMAN, P.C.
600 Old Country Road, Suite 323
Garden City, New York 11530
(516) 683-8888
7
4825-4006-8987v.1
7 of 8
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018
VERIFICATION
I, Gerald T. Ford, an attorney duly admitted to practice law in the Courts of the State
of New York, affirms the truth of the following under the penalty of perjury. I am a member of
the firm Landman Corsi Ballaine & Ford P.C., attorneys for defendant Best Work Inc.
("defendant"), in the above-captioned matter. I state that I have read the foregoing Verified Answer
to Verified Complaint and note the contents thereof, and that, upon information and belief, I
believe the same is true. The source of my information and the grounds of my belief are
communications with defendant and a review of the file maintained by my office. The reason this
verification is made by me and not by defendant is that defendant's principal place of business is
located outside the county where I maintain my law office.
Gerdl . Ford
Dated: November 16, 2018
8
4825-4006-8987v.1
8 of 8
Preview
FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------ X JULISSA ESCANO VERIFIED ANSWER Plaintiff, Index No. 521833/2018 -against- 5223 3 AVE LCC and BEST WORK INC. Defendants. ---------------------------------------------------------------- X Defendant Best Work Inc. ("defendant"), by its attorneys, Landman Corsi Ballaine & Ford P.C., answers the Verified Complaint, upon information and belief, as follows: 1. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1. 2. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2. 3. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3. 4. Defendant admits the allegations contained in paragraph 4. 5. Defendant admits the allegations contained in paragraph 5. 6. Defendant avers that paragraph 6 contains conclusions of law to which no response is required. To the extent a response is required, the allegations are denied. AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT 5223 3 AVE LLC. 7. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 7. 4825-4006-8987v.1 1 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 8. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8. 9. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 9. 10. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 10. 11. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 11. 12. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 12. 13. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 13. 14. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 14. 15. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 15. 16. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 16. 17. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 17. 18. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 18. 2 4825-4006-8987v.1 2 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 19. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 19. 20. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 20. 21. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 21. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT BEST WORK IE 22. Defendant repeats and realleges its response contained in paragraphs 1 through 21 of this Answer. 23. Defendant denies the allegations contained in paragraph 23. 24. Defendant denies the allegations contained in paragraph 24. 25. Defendant denies the allegations contained in paragraph 25. 26. Defendant denies the allegations contained in paragraph 26. 27. Defendant denies the allegations contained in paragraph 27. 28. Defendant denies the allegations contained in paragraph 28. 29. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 29. 30. Defendant denies the allegations contained in paragraph 30. 31. Defendant denies the allegations contained in paragraph 31. 32. Defendant denies the allegations contained in paragraph 32. 33. Defendant denies the allegations contained in paragraph 33. 34. Defendant denies the allegations contained in paragraph 34. 35. Defendant denies the allegations contained in paragraph 35. 3 4825-4006-8987v.1 3 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Any injuries suffered by plaintiff were caused solely by her own negligence and not by any negligence of defendant. SECOND AFFIRMATIVE DEFENSE Any injuries suffered by plaintiff were caused, in part, by her own negligence, and any recovery by her must be diminished in proportion to that part of his injuries attributable to her own negligence. THIRD AFFIRMATIVE DEFENSE Any injuries suffered by plaintiff was not caused by a negligent act or omission of defendant or any individual acting under its direction or control. FOURTH AFFIRMATIVE DEFENSE Any injuries suffered by plaintiff were due to her assumption of the risk. FIFTH AFFIRMATIVE DEFENSE The complaint fails to state a cause of action upon which relief may be granted. SIXTH AFFIRMATIVE DEFENSE If plaintiff has sustained any damages in this matter, which defendant denies, then defendant's liability, if any, shall be limited in accordance with Article 16 of the CPLR. SEVENTH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate or otherwise act to lessen or reduce her damages. EIGHTH AFFIRMATIVE DEFENSE Defendant is entitled to the application of General Obligations Law § 15-108 if plaintiff settles with one of several joint tortfeasors. 4 4825-4006-8987v.1 4 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 NINTH AFFIRMATIVE DEFENSE Defendant is entitled to the benefit of CPLR Article 14. TENTH AFFIRMATIVE DEFENSE Defendant is entitled to have plaintiff's award, if any, reduced by the amount of remuneration and/or compensation she received from other sources for her claimed economic loss, pursuant to CPLR 4545. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff's damages, if any, must be reduced pursuant to the Patient Protection and Affordable Care Act 42 U.S.C. 18001, g seg. TWELFTH AFFIRMATIVE DEFENSE Plaintiff's damages, if any, are preempted in whole or in part by the Federal Immigration Reform and Control Act of 1986, 8 U.S.C. 1324a g seg. THIRTEENTH AFFIRMATIVE DEFENSE This Court lacks personal jurisdiction over defendant because of lack of proper service. WHEREFORE, defendant demands judgment against plaintiff, dismissing all claims against it and for such other relief as the Court deems just and proper. AS TO CROSS-CLAIMS Defendant denies all cross-claims asserted against it. 5 4825-4006-8987v.1 5 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 CROSS-CLAIMS FIRST CROSS CLAIM (Contribution) 1. If defendant is found liable in this action, defendant alleges that such liability is the result, either wholly or in part, of the negligence, acts and omissions of co-defendant, thereby entitling defendant to contribution from co-defendant. 2. By reason of the foregoing, co-defendant will be liable to defendant in the event judgment is recovered by plaintiff in the amount of said judgment or in an amount equal to the excess over and above defendant's equitable share of such judgment. The equitable shares of any judgment recovered by plaintiff are to be determined in accordance with the relative culpability of all parties. SECOND CROSS CLAIM (Common Law Indemnity) 3. Plaintiff alleges defendant is liable as described in the verified complaint. While defendant denies and all liability with respect to plaintiffs claim, if in fact any liability is established, defendant is not at fault, is not morally culpable, and any liability on its part, which is denied, could only be technical, vicarious or secondary to the liability of co-defendant. By reason of the foregoing, co-defendant will be liable to defendant in the event judgment is recovered against it. WHEREFORE, defendant demands judgment against co-defendant for contribution and common law indemnity. 6 4825-4006-8987v.1 6 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 Dated: Newark, NJ November 16, 2018 Yours, etc., LANDMAN CORSI BALLAINE & RD P.C. By: Gda T. Fo Attorneys for Defendant Best Work Inc. ' One Gateway Center 4 Floor Newark, NJ 07102 (973) 623-2700 -and- 120 Broadway 27d' Floor New York, NY 10271 (212) 238-4800 TO: John D. Pontisakos PONTISAKOS & BRANDMAN, P.C. 600 Old Country Road, Suite 323 Garden City, New York 11530 (516) 683-8888 7 4825-4006-8987v.1 7 of 8 FILED: KINGS COUNTY CLERK 11/16/2018 03:38 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/16/2018 VERIFICATION I, Gerald T. Ford, an attorney duly admitted to practice law in the Courts of the State of New York, affirms the truth of the following under the penalty of perjury. I am a member of the firm Landman Corsi Ballaine & Ford P.C., attorneys for defendant Best Work Inc. ("defendant"), in the above-captioned matter. I state that I have read the foregoing Verified Answer to Verified Complaint and note the contents thereof, and that, upon information and belief, I believe the same is true. The source of my information and the grounds of my belief are communications with defendant and a review of the file maintained by my office. The reason this verification is made by me and not by defendant is that defendant's principal place of business is located outside the county where I maintain my law office. Gerdl . Ford Dated: November 16, 2018 8 4825-4006-8987v.1 8 of 8