Preview
FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______._______________¬______ ------------------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
- against - VERIFIED ANSWER
BSC RETAIL OWNER LLC,
Defendants.
-----------------------------------X
Defendant, BSC RETAIL OWNER LLC, by their attorneys, BRODY & BRANCH
LLP, as and for a Verified Answer to the plaintiff s Verified Complaint, sets forth as follows:
AS AND FOR A FIRST CAUSE OF ACTION ON
ON BEHALF OF THE PLAINIFF
1. Denies knowledge or information sufficient to form a belief as to the truth of the
"1," "3," "10," "11," "12,"
allegation coñtaiñed in Paragraphs and of the plaintiffs Verified
Complaint.
"4," "5," "6," "7," "9,"
2. Denies each and every allegation contained in Paragraphs
"13," "14," "15," "17," "18"
and of the plaintiff s Verified Complaint.
"11,"
3. Denies each and every allegation contained in Paragraph of plaintiff's
Verified Complaint except admits that defendant, BSC RETAIL OWNER LLC maintains
portions of said location.
4. Denies knowledge or information sufficient to form a belief as to the truth of the
"16," "19," "20," "21"
allegations contained in Paragraphs and of the plaintiffs Verified
Complaint and respectfully refer all questions of law to the determiñãtion of the Trial Court.
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AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF THE PLAINTIFF
5. That all times herein mentioned, Defendant repeats, reiterates and realleges each
"22"
and every allegation contained in Paragraph of the plaintiff's Verified Complaint.
(a-d)," "24"
6. Denies each and every allegation contained in Paragraphs "23 and of
the plaintiff's Verified Complaint.
7. Denies knowledge or information sufficient to form a belief as to the truth of the
"25"
allegations contained in Paragraph No. of the plaintiff's Verified Complaint and respectfully
refer all questions of law to the determination of the Trial Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
8. Upon information and belief, any damages sustained by the plaintiff herein was not
caused by any negligence or carelessness on the part of the answering defendants, its servants,
agents or employees, but were caused solely by the negligence and carelessness of the plaintiff
and that such conduct requires diminution of any award, verdict or judgment that plaintiff may
recover against the answering defendants.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. That all risks and dangers connected with the situation at the time and place
mentioned in the Verified Complaint were open, obvious and apparent and were known to and
assumed by plaintiff herein.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
10. Notwithstanding that -the defendants BSC RETAIL OWNER LLC have denied
liability herein, in the event that liability is found, the liability of defendant, BSC RETAIL
OWNER LLC shall be fifty percent or less of the total liability assigned to all persons liable and
pursuant to CPLR §1601 et seq., the liability of defendant, BSC RETAIL OWNER LLC for non-
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economic loss, shall not exceed this pleading party's equitable share determined in accordance
with the relative of each person or to the total of non-
culpability causing contributing liability
economic loss.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
11. That the injuries and damages to the plaintiff were caused in whole or in part or
were contributed to by the culpable conduct and want of care on the part of the plaintiff and any
such alleged damages should be fully or partially diminished by said culpable conduct and want
of care pursuant to CPLR Article 14-A.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
12. That to the extent plaintiff recovers any damages for the cost of medical care, dental
care, custodial care or rehabilitation services, loss of earnings and/or other economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursement, from
Workers'
whatever source, whether it be insurance, social security payments, Compeñsation,
employee benefits or other such programs, in accordance with the provisions of the CPLR 4545.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
13. To the extent the damages set forth in plaintiff's Complaint could have been wholly
or in part avoided by reasonable effort of the plaintiff, and without undue burden, risk or expense,
said damages were the result of plaintiff's failure to mitigate and may not be recovered from the
answering defendant.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
14. Plaintiff's injuries, if any, were solely the result of pre-existing conditions, or
otherwise resulted from intervening, supervening, or independent causes.
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AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
15. The injuries suffered by plaintiff, if any, were the result of an accident and were not
caused by negligence, fault or want of reasonable care on the defendant's part.
AS AND FOR AN NINTH AFFIRMATIVE DEFENSE
16. The defendant are not liable for plaintiff's injuries, if any, because they had no
notice, either actual or constructive, of the conditions of which plaintiff complains.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
17. That upon information and belief, the injuries allegedly sustained by plaintiff were
the result of the acts of another over whose actions defendant exercised no direction or control.
AS AND FOR AN ELEVENTH AF_F_IRMATIVE DEFENSE
18. The Verified Complaint fails to state a cause of action upon which relief may be
granted because plaintiff specifically failed to state where the accident occurred and what caused
her alleged injuries.
WHEREFORE, defendant BSC RETAIL OWNER LLC demands judgment dismissing
plaintiff s Verified Complaint, together with the costs and disbursements of this action.
Dated: New York, New York
October 29, 2018
Your
O LP
Atto or Defendant
SC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007
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TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
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Index No.: 519727/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ARAMINTA CORDERO,
Plaintiff,
-against-
BSC RETAIL OWNER LLC,
Defendant.
-------------- X
VERIFIED ANSWER
BRODY & BRANCH, LLP
Attorneys for Defendant
4th
205 Lexington Avenue, Floor
New York, New York 10016
(212) 679-7007
To :
Attorney(s) for: Defendant,.
Sir(s):
PLEASE TAKE NOTICE
[ ] NOTICE OF ENTRY was duly entered in the within named court on
2
[ ] NOTICE OF SETTLEMENT will be presented for settlement to the Hon.
one of the judges of the within named court at the Courthouse at
on , 2 at
o'clock .M.
Yours etc.,
BRODY & BRANCH LLP
205 Lexington 4m Floor
Avenue,
New York, New York 10016
(212) 679-7007
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Preview
FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______._______________¬______ ------------------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, - against - VERIFIED ANSWER BSC RETAIL OWNER LLC, Defendants. -----------------------------------X Defendant, BSC RETAIL OWNER LLC, by their attorneys, BRODY & BRANCH LLP, as and for a Verified Answer to the plaintiff s Verified Complaint, sets forth as follows: AS AND FOR A FIRST CAUSE OF ACTION ON ON BEHALF OF THE PLAINIFF 1. Denies knowledge or information sufficient to form a belief as to the truth of the "1," "3," "10," "11," "12," allegation coñtaiñed in Paragraphs and of the plaintiffs Verified Complaint. "4," "5," "6," "7," "9," 2. Denies each and every allegation contained in Paragraphs "13," "14," "15," "17," "18" and of the plaintiff s Verified Complaint. "11," 3. Denies each and every allegation contained in Paragraph of plaintiff's Verified Complaint except admits that defendant, BSC RETAIL OWNER LLC maintains portions of said location. 4. Denies knowledge or information sufficient to form a belief as to the truth of the "16," "19," "20," "21" allegations contained in Paragraphs and of the plaintiffs Verified Complaint and respectfully refer all questions of law to the determiñãtion of the Trial Court. 1 of 6 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF THE PLAINTIFF 5. That all times herein mentioned, Defendant repeats, reiterates and realleges each "22" and every allegation contained in Paragraph of the plaintiff's Verified Complaint. (a-d)," "24" 6. Denies each and every allegation contained in Paragraphs "23 and of the plaintiff's Verified Complaint. 7. Denies knowledge or information sufficient to form a belief as to the truth of the "25" allegations contained in Paragraph No. of the plaintiff's Verified Complaint and respectfully refer all questions of law to the determination of the Trial Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 8. Upon information and belief, any damages sustained by the plaintiff herein was not caused by any negligence or carelessness on the part of the answering defendants, its servants, agents or employees, but were caused solely by the negligence and carelessness of the plaintiff and that such conduct requires diminution of any award, verdict or judgment that plaintiff may recover against the answering defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. That all risks and dangers connected with the situation at the time and place mentioned in the Verified Complaint were open, obvious and apparent and were known to and assumed by plaintiff herein. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. Notwithstanding that -the defendants BSC RETAIL OWNER LLC have denied liability herein, in the event that liability is found, the liability of defendant, BSC RETAIL OWNER LLC shall be fifty percent or less of the total liability assigned to all persons liable and pursuant to CPLR §1601 et seq., the liability of defendant, BSC RETAIL OWNER LLC for non- 2 of 6 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 economic loss, shall not exceed this pleading party's equitable share determined in accordance with the relative of each person or to the total of non- culpability causing contributing liability economic loss. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. That the injuries and damages to the plaintiff were caused in whole or in part or were contributed to by the culpable conduct and want of care on the part of the plaintiff and any such alleged damages should be fully or partially diminished by said culpable conduct and want of care pursuant to CPLR Article 14-A. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. That to the extent plaintiff recovers any damages for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings and/or other economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursement, from Workers' whatever source, whether it be insurance, social security payments, Compeñsation, employee benefits or other such programs, in accordance with the provisions of the CPLR 4545. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. To the extent the damages set forth in plaintiff's Complaint could have been wholly or in part avoided by reasonable effort of the plaintiff, and without undue burden, risk or expense, said damages were the result of plaintiff's failure to mitigate and may not be recovered from the answering defendant. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 14. Plaintiff's injuries, if any, were solely the result of pre-existing conditions, or otherwise resulted from intervening, supervening, or independent causes. 3 of 6 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 15. The injuries suffered by plaintiff, if any, were the result of an accident and were not caused by negligence, fault or want of reasonable care on the defendant's part. AS AND FOR AN NINTH AFFIRMATIVE DEFENSE 16. The defendant are not liable for plaintiff's injuries, if any, because they had no notice, either actual or constructive, of the conditions of which plaintiff complains. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 17. That upon information and belief, the injuries allegedly sustained by plaintiff were the result of the acts of another over whose actions defendant exercised no direction or control. AS AND FOR AN ELEVENTH AF_F_IRMATIVE DEFENSE 18. The Verified Complaint fails to state a cause of action upon which relief may be granted because plaintiff specifically failed to state where the accident occurred and what caused her alleged injuries. WHEREFORE, defendant BSC RETAIL OWNER LLC demands judgment dismissing plaintiff s Verified Complaint, together with the costs and disbursements of this action. Dated: New York, New York October 29, 2018 Your O LP Atto or Defendant SC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 4 of 6 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 5 of 6 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/29/2018 Index No.: 519727/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ARAMINTA CORDERO, Plaintiff, -against- BSC RETAIL OWNER LLC, Defendant. -------------- X VERIFIED ANSWER BRODY & BRANCH, LLP Attorneys for Defendant 4th 205 Lexington Avenue, Floor New York, New York 10016 (212) 679-7007 To : Attorney(s) for: Defendant,. Sir(s): PLEASE TAKE NOTICE [ ] NOTICE OF ENTRY was duly entered in the within named court on 2 [ ] NOTICE OF SETTLEMENT will be presented for settlement to the Hon. one of the judges of the within named court at the Courthouse at on , 2 at o'clock .M. Yours etc., BRODY & BRANCH LLP 205 Lexington 4m Floor Avenue, New York, New York 10016 (212) 679-7007 6 of 6