Preview
FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____-___ _..---------------------- ----------------------------- X
LATASHA NICHOLSON, Index No.: 519962/2018
Plaintiff, VERIFIED ANSWER
-against-
MOHAMMAD A. AZAD AND LYFT, INC.,
Defendants.
-------------------------------------- ------------------------ X
Defendant, LYFT, INC. by its attorneys LEWIS, BRISBOIS, BISGAARD & SMITH,
LLP, as and for its Answer to the Plaintiff's Complaint, alleges the following upon information
and belief:
1. Denies knowledge or information to form a belief as to each and every allegation
contained within the paragraph of Plaintiff's Complaint designated as number "1".
2. Admits.
3. Admits.
4. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "4".
5. Denies each and every allegation contained within the paragrapli of plaintiff's
Complaint designated as number "5".
6. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "6".
7. Admits.
8. Admits.
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9. Admits.
10. Admits.
11. Admits.
12. Admits.
13. Denies each and every allegation contained within the paragraph of plaintiff s
Complaint designated as number "13".
14. Denies each and every allegation contained within the paragraph of plaintiff s
Complaint designated as number "14". Lyft did not own, control, maintain, manage, repair or
entrust the vehicle.
15. Denies each and every allegation contained within the paragraph of plaintiff s
Complaint designated as number "15". Lyft did not lease, own, control, maintain, manage, repair
or entrust the vehicle.
16. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "16". Lyft did not lease, own, control, maintain, manage, repair
or entrust the vehicle.
17. Denies each and every allegation contained within the paragraph of plaintiff s
Complaint designated as number "17".
18. Denies each and every allegation contained within the paragraph of plaintiff s
Complaint designated as number "18". Lyft did not own, control, maintain, manage, repair or
entrust the vehicle.
19. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "19". Lyft did not own, control, maintain, mañage, repair or
entrust the vehicle.
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20. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "20". Lyft did not own, control, maintain, manage, repair or
entrust the vehicle.
21. Denies each and every allegation contained in the paragraph of the Plaintiff's
"21"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination. Lyft did not operate, own, control,
maintain, manage, repair or entrust the vehicle. Further, Lyft did not hire, control or employ
MOHAMMAD A. AZAD. At the time of the incident, MOHAMMAD A. AZAD was an
independent contractor who used the Lyft application, website, and technology platform
("platform"
or "Lyft platform") to connect with other platform users looking for a ride pursuant
to Lyft's Terms of Service.
22. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "22". Lyft did not operate, own, control, maintain, manage,
repair or entrust the vehicle.
23. Denies knowledge or information to form a belief as to each and every allegation
contained within the paragraph of Plaintiff's Complaint designated as number "23".
24. Denies knowledge or information to form a belief as to each and every allegation
contained within the paragraph of Plaintiff's Complaint designated as number "24".
25. Denies knowledge or information to form a belief as to each and every allegation
contained within the paragraph of Plaintiff's Complaint designated as number "25".
26. Denies each and every allegation contained within the paragraph of plaintiff's
Complaint designated as number "26".
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27. Denies each and every allegation contained in the paragraph of the Plaintiff's
"27"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination.
28. Denies each and every allegation contained in the paragraph of the Plaintiff's
"28"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination.
29. Denies each and every allegation contained in the paragraph of the Plaintiff's
"29"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination.
30. Denies knowledge or information to form a belief as to each and every allegation
"30"
contained within the paragraph of Plaintiff's Complaint designated as number and
respectfully refers all questions of law, fact or conclusions raised therein to the trial court for
determination.
31. Denies each and every allegation contained in the paragraph of the Plaintiff's
"31"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination.
32. Denies each and every allegation contained in the paragraph of the Plaintiff's
"32"
Complaint designated as number and respectfully refers all questions of law, fact or
conclusions raised therein to the trial court for determination.
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FIRST AFFIRMATIVE DEFENSE
33. Defendant Lyft, Inc. denies ownership, operation or control of the motor vehicle
involved in the accident that is the subject of this lawsuit.
SECOND AFFIRMATIVE DEFENSE
34. The Complaint, and each and every purported cause of action contained therein,
fails to state facts sufficient to constitute a cause of action against answering defendant, Lyft, Inc.
THIRD AFFIRMATIVE DEFENSE
35. The occurrence alleged herein was spontaneous and unavoidable and was not
caused by the defendants.
FOURTH AFFIRMATIVE DEFENSE
36. The instant lawsuit with respect to plaintiff, LATASHA NICHOLSON, may not
be maintained pursuant to § 5102 of the New York State Insurance Law, as said plaintiff did not
sustain serious injuries.
FIFTH AFFIRMATIVE DEFENSE
37. Upon information and belief that whatever damages the plaintiff may have
sustained at the time and place mentioned in the Complaint were caused in whole or in part by
the comparative negligence of said plaintiff. The amount of damages recovered, if any, shall
therefore be diminished in the proportion to which said negligent conduct, attributable to the
plaintiff, bears to the negligent conduct which caused said injuries.
SIXTH AFFIRMATIVE DEFENSE
38. Upon information and belief, plaintiff failed to mitigate, obviate, diminish or
otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Complaint.
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SEVENTH AFFIRMATIVE DEFENSE
39. Upon information and belief, plaintiff's economic loss, if any, as specified in
§4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral
sources, and the answering defendant is entitled to have the court consider the same in
determining such special damages as provided in §4545 of the CPLR.
EIGHTH AFFIRMATIVE DEFENSE
40. The answering defendant is not guilty of negligence and violated no duty owing
to the plaintiff.
NINTH AFFIRMATIVE DEFENSE
41. Defendant has fully performed its obligations to plaintiff and there is nothing due
or owing from defendant to plaintiff.
TENTH AFFIRMATIVE DEFENSE
42. If answering defendant is subjected to any liability to plaintiff herein, it will be
due in whole or in part to the acts and/or omissions of co-defendant or other persons or entities,
and any recovery obtained by said plaintiff should be barred or reduced according to law, up to
and including the whole thereof.
ELEVENTH AFFIRMATIVE DEFENSE
43. In the event Plaintiff recovers a verdict or judgment against this defendant, then
said verdict or judgment must be reduced pursuant to CPLR §4545 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
workers'
security, compensation or employee benefit programs.
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TWELFTH AFFIRMATIVE DEFENSE
44. Pursuant to General Obligations Law § 15-108, this answering defendant
demands a set-off corresponding to the amount of any settlement reached with any other
tortfeasor(s) involved in the operative facts of this lawsuit, whether or not they are currently
named as defendants herein.
THIRTEENTH AFFIRMATIVE DEFENSE
45. Any injuries or damages claimed were caused, in whole or in part, by the culpable
conduct of third parties over which this answering defendant had no control or right to exercise
such control.
FOURTEENTH AFFIRMATIVE DEFENSE
46. The intervening and superseding negligence and causation of an entity that
answering defendant had no control or right to exercise control, is a partial or a complete bar to
all claims asserted against answering defendant.
FIFTEENTH AFFIRMATIVE DEFENSE
47. This answering defendant reserves the right to amend its Answer, if appropriate,
after full investigation and/or discovery.
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WHEREFORE, defendant, LYFT, INC., hereby demands judgment dismissing the
attorneys'
Complaint, together with the costs and disbursements of this action, including fees,
and for such other, further and different relief as this Court deems just and proper.
Dated: New York, NY
January 31, 2019
Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By:
David L. I os nthal
Attorneys for flefendant
LYFT, INC.
77 Water Street, Suite 2100
New York, New York 10005
(212) 232-1300
File No. 37586-742
TO: KUBICK & ASSOCIATES, P.C.
Attorneys for Plaintiff
32 Broadway, Suite 1514
New York, New York 10004
(212) 684-7541
BAKER McEVOY MORRISSEY & MOSKOVITS, PC
Attorneys for Defendant
MOHAMMAD A. AZAD
8*
One MetroTech Center, Floor
Brooklyn, New York 11201
(212) 857-8230
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
DAVID L. ROSENTHAL, being an attorney duly admitted to practice before the Courts
of the State of New York and fully aware of the penalties of perjury, hereby affirms as follows:
Affirmant is a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH
LLP, attorneys for defendant LYFT, INC., in the within action, and is fully familiar with the
facts and circumstances involved in this matter from reviewing the file regarding the same
maintained in the offices of said law firm.
Affirmant has read the foregoing Answer to the Verified Complaint, knows the contents
thereof, and the same are true to affirmant's own knowledge, except as to those matters therein
stated to be alleged upon information and belief, and as to those matters affirmant believes them
to be true.
This Verification is made by the undersigned because said defendant LYFT, INC. does
not have a place of business within the county where said affirmant's office is located.
The grounds of affirmant's belief as to all matters not stated to be affirmant's knowledge
are investigative and other information contained in the file of the said law firm.
Dated: New York, New York
January 31, 2019
DAVID L. ROSENTHAL
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
: SS
COUNTY OF NEW ORK )
MARY C WILLIAMS, duly sworn deposes and says: that deponent is not a party to the
action, is over 18 years of age and resides in Westchester County.
That on the
day of January, 2019, deponent served the within VERIFIED
ANSWER:
TO: KUBICK & ASSOCIATES, P.C.
Attorneys for Plaintiff
32 Broadway, Suite 1514
New York, New York 10004
(212) 684-7541
BAKER McEVOY MORRISSEY & MOSKOVITS, PC
Attorneys for Defendant
MOHAMMAD A. AZAD
86
One MetroTech Center, Floor
Brooklyn, New York 11201
(212) 857-8230
the attorney(s) for the respective parties in this action, at the above address(es)
designated
by said attorney(s) for that purpose by depositing same enclosed in a postpaid
properly addressed
wrapper, in an official
depository under the exclusive care and custody of the United States Post
Office within the State of New York.
MARY C. ILLIAMS
Sworn to before me this
day of 2019
N Pu lic
SHERYL PYPFE GAONTLEn
NOTARY PUSUC STATE0F NEW YCRK
QUEENS COUNTY
UC, #02FY6236980
COMMiSSION EXPIRES 3/14/201
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FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____-___ _..---------------------- ----------------------------- X LATASHA NICHOLSON, Index No.: 519962/2018 Plaintiff, VERIFIED ANSWER -against- MOHAMMAD A. AZAD AND LYFT, INC., Defendants. -------------------------------------- ------------------------ X Defendant, LYFT, INC. by its attorneys LEWIS, BRISBOIS, BISGAARD & SMITH, LLP, as and for its Answer to the Plaintiff's Complaint, alleges the following upon information and belief: 1. Denies knowledge or information to form a belief as to each and every allegation contained within the paragraph of Plaintiff's Complaint designated as number "1". 2. Admits. 3. Admits. 4. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "4". 5. Denies each and every allegation contained within the paragrapli of plaintiff's Complaint designated as number "5". 6. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "6". 7. Admits. 8. Admits. 4814-9684-7494.1 1 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 9. Admits. 10. Admits. 11. Admits. 12. Admits. 13. Denies each and every allegation contained within the paragraph of plaintiff s Complaint designated as number "13". 14. Denies each and every allegation contained within the paragraph of plaintiff s Complaint designated as number "14". Lyft did not own, control, maintain, manage, repair or entrust the vehicle. 15. Denies each and every allegation contained within the paragraph of plaintiff s Complaint designated as number "15". Lyft did not lease, own, control, maintain, manage, repair or entrust the vehicle. 16. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "16". Lyft did not lease, own, control, maintain, manage, repair or entrust the vehicle. 17. Denies each and every allegation contained within the paragraph of plaintiff s Complaint designated as number "17". 18. Denies each and every allegation contained within the paragraph of plaintiff s Complaint designated as number "18". Lyft did not own, control, maintain, manage, repair or entrust the vehicle. 19. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "19". Lyft did not own, control, maintain, mañage, repair or entrust the vehicle. 4814-9684-7494.1 - 2 - 2 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 20. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "20". Lyft did not own, control, maintain, manage, repair or entrust the vehicle. 21. Denies each and every allegation contained in the paragraph of the Plaintiff's "21" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. Lyft did not operate, own, control, maintain, manage, repair or entrust the vehicle. Further, Lyft did not hire, control or employ MOHAMMAD A. AZAD. At the time of the incident, MOHAMMAD A. AZAD was an independent contractor who used the Lyft application, website, and technology platform ("platform" or "Lyft platform") to connect with other platform users looking for a ride pursuant to Lyft's Terms of Service. 22. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "22". Lyft did not operate, own, control, maintain, manage, repair or entrust the vehicle. 23. Denies knowledge or information to form a belief as to each and every allegation contained within the paragraph of Plaintiff's Complaint designated as number "23". 24. Denies knowledge or information to form a belief as to each and every allegation contained within the paragraph of Plaintiff's Complaint designated as number "24". 25. Denies knowledge or information to form a belief as to each and every allegation contained within the paragraph of Plaintiff's Complaint designated as number "25". 26. Denies each and every allegation contained within the paragraph of plaintiff's Complaint designated as number "26". 4814-9684-7494,1 - 3 - 3 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 27. Denies each and every allegation contained in the paragraph of the Plaintiff's "27" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 28. Denies each and every allegation contained in the paragraph of the Plaintiff's "28" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 29. Denies each and every allegation contained in the paragraph of the Plaintiff's "29" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 30. Denies knowledge or information to form a belief as to each and every allegation "30" contained within the paragraph of Plaintiff's Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 31. Denies each and every allegation contained in the paragraph of the Plaintiff's "31" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 32. Denies each and every allegation contained in the paragraph of the Plaintiff's "32" Complaint designated as number and respectfully refers all questions of law, fact or conclusions raised therein to the trial court for determination. 4814-9684-7494.1 4 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 FIRST AFFIRMATIVE DEFENSE 33. Defendant Lyft, Inc. denies ownership, operation or control of the motor vehicle involved in the accident that is the subject of this lawsuit. SECOND AFFIRMATIVE DEFENSE 34. The Complaint, and each and every purported cause of action contained therein, fails to state facts sufficient to constitute a cause of action against answering defendant, Lyft, Inc. THIRD AFFIRMATIVE DEFENSE 35. The occurrence alleged herein was spontaneous and unavoidable and was not caused by the defendants. FOURTH AFFIRMATIVE DEFENSE 36. The instant lawsuit with respect to plaintiff, LATASHA NICHOLSON, may not be maintained pursuant to § 5102 of the New York State Insurance Law, as said plaintiff did not sustain serious injuries. FIFTH AFFIRMATIVE DEFENSE 37. Upon information and belief that whatever damages the plaintiff may have sustained at the time and place mentioned in the Complaint were caused in whole or in part by the comparative negligence of said plaintiff. The amount of damages recovered, if any, shall therefore be diminished in the proportion to which said negligent conduct, attributable to the plaintiff, bears to the negligent conduct which caused said injuries. SIXTH AFFIRMATIVE DEFENSE 38. Upon information and belief, plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Complaint. 48 14-9684-7494. 1 - 5 - 5 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 SEVENTH AFFIRMATIVE DEFENSE 39. Upon information and belief, plaintiff's economic loss, if any, as specified in §4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources, and the answering defendant is entitled to have the court consider the same in determining such special damages as provided in §4545 of the CPLR. EIGHTH AFFIRMATIVE DEFENSE 40. The answering defendant is not guilty of negligence and violated no duty owing to the plaintiff. NINTH AFFIRMATIVE DEFENSE 41. Defendant has fully performed its obligations to plaintiff and there is nothing due or owing from defendant to plaintiff. TENTH AFFIRMATIVE DEFENSE 42. If answering defendant is subjected to any liability to plaintiff herein, it will be due in whole or in part to the acts and/or omissions of co-defendant or other persons or entities, and any recovery obtained by said plaintiff should be barred or reduced according to law, up to and including the whole thereof. ELEVENTH AFFIRMATIVE DEFENSE 43. In the event Plaintiff recovers a verdict or judgment against this defendant, then said verdict or judgment must be reduced pursuant to CPLR §4545 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 workers' security, compensation or employee benefit programs. 4814-9684-7494.1 - 6 - 6 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 TWELFTH AFFIRMATIVE DEFENSE 44. Pursuant to General Obligations Law § 15-108, this answering defendant demands a set-off corresponding to the amount of any settlement reached with any other tortfeasor(s) involved in the operative facts of this lawsuit, whether or not they are currently named as defendants herein. THIRTEENTH AFFIRMATIVE DEFENSE 45. Any injuries or damages claimed were caused, in whole or in part, by the culpable conduct of third parties over which this answering defendant had no control or right to exercise such control. FOURTEENTH AFFIRMATIVE DEFENSE 46. The intervening and superseding negligence and causation of an entity that answering defendant had no control or right to exercise control, is a partial or a complete bar to all claims asserted against answering defendant. FIFTEENTH AFFIRMATIVE DEFENSE 47. This answering defendant reserves the right to amend its Answer, if appropriate, after full investigation and/or discovery. 4814-9684-7494.1 - 7 - 7 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 WHEREFORE, defendant, LYFT, INC., hereby demands judgment dismissing the attorneys' Complaint, together with the costs and disbursements of this action, including fees, and for such other, further and different relief as this Court deems just and proper. Dated: New York, NY January 31, 2019 Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH LLP By: David L. I os nthal Attorneys for flefendant LYFT, INC. 77 Water Street, Suite 2100 New York, New York 10005 (212) 232-1300 File No. 37586-742 TO: KUBICK & ASSOCIATES, P.C. Attorneys for Plaintiff 32 Broadway, Suite 1514 New York, New York 10004 (212) 684-7541 BAKER McEVOY MORRISSEY & MOSKOVITS, PC Attorneys for Defendant MOHAMMAD A. AZAD 8* One MetroTech Center, Floor Brooklyn, New York 11201 (212) 857-8230 4814-9684-7494.1 - 8 - 8 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) DAVID L. ROSENTHAL, being an attorney duly admitted to practice before the Courts of the State of New York and fully aware of the penalties of perjury, hereby affirms as follows: Affirmant is a member of the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP, attorneys for defendant LYFT, INC., in the within action, and is fully familiar with the facts and circumstances involved in this matter from reviewing the file regarding the same maintained in the offices of said law firm. Affirmant has read the foregoing Answer to the Verified Complaint, knows the contents thereof, and the same are true to affirmant's own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters affirmant believes them to be true. This Verification is made by the undersigned because said defendant LYFT, INC. does not have a place of business within the county where said affirmant's office is located. The grounds of affirmant's belief as to all matters not stated to be affirmant's knowledge are investigative and other information contained in the file of the said law firm. Dated: New York, New York January 31, 2019 DAVID L. ROSENTHAL 4814-9684-7494.1 - 9 - 9 of 10 FILED: KINGS COUNTY CLERK 01/31/2019 04:23 PM INDEX NO. 519962/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/31/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) : SS COUNTY OF NEW ORK ) MARY C WILLIAMS, duly sworn deposes and says: that deponent is not a party to the action, is over 18 years of age and resides in Westchester County. That on the day of January, 2019, deponent served the within VERIFIED ANSWER: TO: KUBICK & ASSOCIATES, P.C. Attorneys for Plaintiff 32 Broadway, Suite 1514 New York, New York 10004 (212) 684-7541 BAKER McEVOY MORRISSEY & MOSKOVITS, PC Attorneys for Defendant MOHAMMAD A. AZAD 86 One MetroTech Center, Floor Brooklyn, New York 11201 (212) 857-8230 the attorney(s) for the respective parties in this action, at the above address(es) designated by said attorney(s) for that purpose by depositing same enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. MARY C. ILLIAMS Sworn to before me this day of 2019 N Pu lic SHERYL PYPFE GAONTLEn NOTARY PUSUC STATE0F NEW YCRK QUEENS COUNTY UC, #02FY6236980 COMMiSSION EXPIRES 3/14/201 4814-9684-7494.1 - 10 - 10 of 10