Preview
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELLEN GILMAN, Index No.: 154684/2017E
Plaintiff, VERIFIED ANSWER TO THIRD
AMENDED COMPLAINT
-against-.
THE CITY OF NEW YORK, THE UNITED
PRESBYTERIAN CHURCH, IN THE UNITED
STATES OF AMERICAN, A CORPORATION,
WEST PARK PRESBYTERIAN CHURCH, THE
SYNOD OF THE NORTHEAST OF THE
PRESBYTERIAN CHURCH, PRESBYTERY OF
NEW YORK CITY AND REV. ROBERT L.
BRASHEAR,
Defendants.
Defendant, The Synod of the Northeast of the Presbyterian Church, by its attorney,
Claudia P. Lovas, as and for its answer to the third amended complaint of the Plaintiff, Ellen
Gilman, respectfully allege, upon information and belief, as follows:
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF ELLEN GILMAN
1. Deny knowledge or information sufficient to form a belief as to each and every
allegation coñtaiñéd in paragraphs numbered "1", "2", "3", "4", "5", "6", "7", "8", "9", "10",
"16" "17"
"11", "12", "13", "14", "15", and of the verified complaint.
2. Deny each and every allegation enntained in paragraph numbered "19", "20",
"21" "22"
and of the verified complaint.
3. Deny knowledge or information sufficient to form a belief as to each and every
NY00475
1 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
allegation contained in paragraphs numbered "23", "24", "25", "26", "27", "28", "29", "30",
"31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46",
"47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "62",
"67" "68"
"63", "64", "65", "66", and of the verified complaint.
4. Deny each and every allegation contained in paragraph ñümbered "69", "70",
"80" "81"
"71", "72", "73", "74", "75", "76", "77", "78", "79", and of the verified complaiñt.
5. Deny knowledge or information sufficient to form a belief as to each and every
allegation contained in paragraphs numbered "82", "83", "84", "85", "86", "87", "88", "89",
"90", "91", "92", "93", "94", "95", "96", "97", "98", "99", "100", "101", "102", "103", "104",
"106" "107"
"105", and of the verified complaint.
6. Deny each and every allegation carnined in paragraph numbered "108", "109",
"110" "111"
and of the verified complaint.
AS AND FOR A FIRST SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
7. Each and every cause of action of the verified complaint fails to state a cognizable
claim against this answering Defendant.
AS AND FOR A SECOND SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
8. If the Plaintiff sustained any personal injuries or damages as alleged in the
Verified Corsplaiñt, such injuries or damages were the result of the culpable conduct of the
Plaintiff. Should it be found that this answering Defendant is liable to the Plaintiff herein, any
such liability being specifically denied, then the Defendant alleges that if any damages are found,
they are to be apportioned among the Plaintiff and Defendant according to the degree of
2
2 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
responsibility that each will be found to have in proportion to the entire measure of responsibility
pursuant to CPLR §1412.
AS AND FOR A THIRD SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
9. If it should be found after trial that this answering Defendant is liable to the
Plaintiff in the amount of 50% or less of the total liability assigned to all persons liable, the
liability of this answering Defendant to the Plaintiff for non-economic loss shall not exceed this
answering Defendant's equitable share determined in accordance with the relative culpability of
each person causing or contributing to the total liability for non-economic loss in accordance
with Article 16 of the CPLR.
AS AND FOR A FOURTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
10. If the Plaintiff sustained any personal injuries or damages as alleged in the
Verified Complaint, such injuries or damages were caused, aggravated or contributed to by the
Plaintiff's failure to take reasonable efforts to mitigate damages, and any award made to the
Plaintiff must be reduced in such proportion and to the extent that the injuries complained of
were caused, aggravated or contributed to by said failure to mitigate damages.
AS AND FOR A FIFTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
11. Upon information and belief, any past or future costs or expenses incurred or to
be incurred by the Plaintiffs for medical care, dental care, custodial care or rehabilitative
services, loss of eamings or other economic loss, has been or will with reasonable certainty be
replaced or iñdemñified in whole or in part from collateral sources as defined in Section 4545(c)
of the New York Civil Practice Law and Rules. If any damages are recoverable ãgainst said
3
3 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
Defendant, the amoüñt of such dâiriages shall be diminished by the amount of the funds which
Plaintiff has or shall receive from collateral source(s).
AS AND FOR A SIXTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
12. This answering Defendant is relieved of any legal duty to the Plaintiff as a result
of the Plaintiff's primary and/or implied assumption of the risk of the activity engaged in
including all know, apparent, natural, or reassinably foresecable consequences of the activity or
conditions or location of the activity.
AS AND FOR A SEVENTH SEPARATE AND
COMPLETE AFFIRMATIVE DEFENSE
13. If the Plaintiff should settle the instant action with a party other than the
Defendant, this Defendant shall be entitled to a setoff as against such settlement
answering
pursuant to General Obligations Law §15-108.
AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS THE CITY OF NEW
YORK, THE UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF
AMERICA, WEST PARK PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK
CITY AND REV. ROBERT L. BRASHEAR
14. That if any party sustained injuries and dem-ges in the inaiu1m and at the time and
place alleged in the Plaintiff's complsist, and ifitis found that this answering Defendant is liable
to any such party herein, all of which is specifically denied, then this answering Defendant is
entitled to contractual and common law indemnification from and judgmeñt over and against all
other Defendants herein, for all or part of any verdict or judgmeñt that may be recovered together
with costs and attorney's fees.
4
4 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS THE CITY OF NEW
YORK, THE UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF
AMERICA, WEST PARK PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK
CITY AND REV. ROBERT L. BRASHEAR
15. That if Defendant The Synod of the Northeast of the Presbyterian Church,
contributed in whole or in part to this occurrence, and if any recovery is had by any party against
this answering Defendant, this Defendant demands contribution in whole or in part from the
aforesaid parties as a result of its/their wrongful conduct.
WHEREFORE, this answering Defendant demands judgment dismissing the complaint
herein, and/or granting judgmcñt against Defendan% City of New York, The United
Presbyterian Church in the United States of America, West Presbyterian Church, Presbytery of
New York and Rev. Robert L. Brashear, together with the costs and disbursemeñts of this action.
DATED: Garden City, NY
February 7, 2019
Yours, etc.,
LAW OFFICES OF LOVAS & NAQVI
CLAUDIA P. LOVAS, ESQ.
Attorney for Defendant The Synod of the Northeast
of the Presbyterian Church
1225 Franklin Ave., Ste. 325
Garden City, NY 11530
T: (516) 897-1919
F: (515) 267-5431
Email: clovas@guideone.law
TO: Elise Hagouel Langsam
Langsam Law, LLP
217 Broadway, Ste. 606
New York, NY 10007
5
5 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
Claudia P. Lovas, being duly sworn, deposes and says:
Depoñêñt is an attorney in the within action; deponent has read the foregoing Answer and
knows the contents thereof; the same is true to depoñeñt's own knowledge, except as to the
matters therein stated to be alleged upon information and belief, and that as to those matters,
depc.nent believes them to be true. This verification is made by the undersigned because
Defendants do not maintain a place of business in the in which deponent's office is
county
located.
Claudia P. Lovas
6
6 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
AFFIDAVIT OF SERVICE
STATE OF IOWA )
) ss.:
COUNTY OF POLK )
Angela Sharpnack, being duly sworn, deposes and says that deponent is not a party to the
action, is over 18 years of age and resides at Polk County, Iowa.
7*
That on the day of February, 2019, deponent served the within VERIFIED
ANSWER TO THIRD AMENDED COMPLAINT upon:
Elise Hagouel Langsam
Langsam Law, LLP
217 Broadway, Ste. 606
New York, NY 10007
Gannon, Rosenfarb, Balletti & Drossman
7th
100 William Street, Floor
New York, NY 10038
Presbytery of New York City
475 Riverside Drive, Suite 1600
New York, NY 10115
Rev. Robert L. Brashear
c/o West Park Presbyterian Church
86t''
165 West Street
New York, NY 10024
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 wrap e , in an
official depository under the exclusive care and custody of th nited States Post O within
the State of Iowa.
Swo to before me this 7th day of
b , 2019
ary Pub MISTY FISHER
CommissionNumber 755278
. Commission Expires
My
October 16, 2020
7
7 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
CERTIFICATE OF CONFORMITY
I, Sam Waters, an attorney duly licensed to practice law n the State of Iowa, affirm under
penalty or perjury
and certify that 1 witnessed the signature of / h ShW as
applied to the Affidavit annexed to this Certificate which was signe an dated on cÅ .
The manner in which same was signed was, and is, in accordance with, and conforms to, the
laws for
taking oaths and acknowledgments in the state of Iowa.
Date:
SamŸaters, ISBA #13760
8 of 9
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017
NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019
Index No. 154684/2017E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ELLEN GILMAN,
Plaintiff,
-against-
THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED
STATES OF AMERICAN, A CORPORATION, WEST PARK PRESBYTERIAN CHURCH,
THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH, PRESBYTERY
OF NEW YORK CITY AND REV. ROBERT L. BRASHEAR,
Defendants.
Verified Answer to Third Am::ded C--phint
Chudi± P. Lovas, Esq.
LAW OFFICES OF LOVAS & NAQVI
Attorney for Defadañt The City of New York
1225 Franidin Ave., Ste. 325
Garden City, NY 11530
(516) 897-1919
To: Elise Hagóilel Langsam
Langsam Law, LLP
217 Broadway, Ste. 606
New York, NY 10007
Dated: February 7, 2019, Garden City, New York
8
9 of 9
Preview
FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELLEN GILMAN, Index No.: 154684/2017E Plaintiff, VERIFIED ANSWER TO THIRD AMENDED COMPLAINT -against-. THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICAN, A CORPORATION, WEST PARK PRESBYTERIAN CHURCH, THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK CITY AND REV. ROBERT L. BRASHEAR, Defendants. Defendant, The Synod of the Northeast of the Presbyterian Church, by its attorney, Claudia P. Lovas, as and for its answer to the third amended complaint of the Plaintiff, Ellen Gilman, respectfully allege, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF ELLEN GILMAN 1. Deny knowledge or information sufficient to form a belief as to each and every allegation coñtaiñéd in paragraphs numbered "1", "2", "3", "4", "5", "6", "7", "8", "9", "10", "16" "17" "11", "12", "13", "14", "15", and of the verified complaint. 2. Deny each and every allegation enntained in paragraph numbered "19", "20", "21" "22" and of the verified complaint. 3. Deny knowledge or information sufficient to form a belief as to each and every NY00475 1 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 allegation contained in paragraphs numbered "23", "24", "25", "26", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "62", "67" "68" "63", "64", "65", "66", and of the verified complaint. 4. Deny each and every allegation contained in paragraph ñümbered "69", "70", "80" "81" "71", "72", "73", "74", "75", "76", "77", "78", "79", and of the verified complaiñt. 5. Deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered "82", "83", "84", "85", "86", "87", "88", "89", "90", "91", "92", "93", "94", "95", "96", "97", "98", "99", "100", "101", "102", "103", "104", "106" "107" "105", and of the verified complaint. 6. Deny each and every allegation carnined in paragraph numbered "108", "109", "110" "111" and of the verified complaint. AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 7. Each and every cause of action of the verified complaint fails to state a cognizable claim against this answering Defendant. AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 8. If the Plaintiff sustained any personal injuries or damages as alleged in the Verified Corsplaiñt, such injuries or damages were the result of the culpable conduct of the Plaintiff. Should it be found that this answering Defendant is liable to the Plaintiff herein, any such liability being specifically denied, then the Defendant alleges that if any damages are found, they are to be apportioned among the Plaintiff and Defendant according to the degree of 2 2 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 responsibility that each will be found to have in proportion to the entire measure of responsibility pursuant to CPLR §1412. AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 9. If it should be found after trial that this answering Defendant is liable to the Plaintiff in the amount of 50% or less of the total liability assigned to all persons liable, the liability of this answering Defendant to the Plaintiff for non-economic loss shall not exceed this answering Defendant's equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss in accordance with Article 16 of the CPLR. AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 10. If the Plaintiff sustained any personal injuries or damages as alleged in the Verified Complaint, such injuries or damages were caused, aggravated or contributed to by the Plaintiff's failure to take reasonable efforts to mitigate damages, and any award made to the Plaintiff must be reduced in such proportion and to the extent that the injuries complained of were caused, aggravated or contributed to by said failure to mitigate damages. AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 11. Upon information and belief, any past or future costs or expenses incurred or to be incurred by the Plaintiffs for medical care, dental care, custodial care or rehabilitative services, loss of eamings or other economic loss, has been or will with reasonable certainty be replaced or iñdemñified in whole or in part from collateral sources as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable ãgainst said 3 3 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 Defendant, the amoüñt of such dâiriages shall be diminished by the amount of the funds which Plaintiff has or shall receive from collateral source(s). AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 12. This answering Defendant is relieved of any legal duty to the Plaintiff as a result of the Plaintiff's primary and/or implied assumption of the risk of the activity engaged in including all know, apparent, natural, or reassinably foresecable consequences of the activity or conditions or location of the activity. AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE 13. If the Plaintiff should settle the instant action with a party other than the Defendant, this Defendant shall be entitled to a setoff as against such settlement answering pursuant to General Obligations Law §15-108. AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA, WEST PARK PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK CITY AND REV. ROBERT L. BRASHEAR 14. That if any party sustained injuries and dem-ges in the inaiu1m and at the time and place alleged in the Plaintiff's complsist, and ifitis found that this answering Defendant is liable to any such party herein, all of which is specifically denied, then this answering Defendant is entitled to contractual and common law indemnification from and judgmeñt over and against all other Defendants herein, for all or part of any verdict or judgmeñt that may be recovered together with costs and attorney's fees. 4 4 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 AS AND FOR A CROSS-CLAIM AGAINST DEFENDANTS THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA, WEST PARK PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK CITY AND REV. ROBERT L. BRASHEAR 15. That if Defendant The Synod of the Northeast of the Presbyterian Church, contributed in whole or in part to this occurrence, and if any recovery is had by any party against this answering Defendant, this Defendant demands contribution in whole or in part from the aforesaid parties as a result of its/their wrongful conduct. WHEREFORE, this answering Defendant demands judgment dismissing the complaint herein, and/or granting judgmcñt against Defendan% City of New York, The United Presbyterian Church in the United States of America, West Presbyterian Church, Presbytery of New York and Rev. Robert L. Brashear, together with the costs and disbursemeñts of this action. DATED: Garden City, NY February 7, 2019 Yours, etc., LAW OFFICES OF LOVAS & NAQVI CLAUDIA P. LOVAS, ESQ. Attorney for Defendant The Synod of the Northeast of the Presbyterian Church 1225 Franklin Ave., Ste. 325 Garden City, NY 11530 T: (516) 897-1919 F: (515) 267-5431 Email: clovas@guideone.law TO: Elise Hagouel Langsam Langsam Law, LLP 217 Broadway, Ste. 606 New York, NY 10007 5 5 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) Claudia P. Lovas, being duly sworn, deposes and says: Depoñêñt is an attorney in the within action; deponent has read the foregoing Answer and knows the contents thereof; the same is true to depoñeñt's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, depc.nent believes them to be true. This verification is made by the undersigned because Defendants do not maintain a place of business in the in which deponent's office is county located. Claudia P. Lovas 6 6 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 AFFIDAVIT OF SERVICE STATE OF IOWA ) ) ss.: COUNTY OF POLK ) Angela Sharpnack, being duly sworn, deposes and says that deponent is not a party to the action, is over 18 years of age and resides at Polk County, Iowa. 7* That on the day of February, 2019, deponent served the within VERIFIED ANSWER TO THIRD AMENDED COMPLAINT upon: Elise Hagouel Langsam Langsam Law, LLP 217 Broadway, Ste. 606 New York, NY 10007 Gannon, Rosenfarb, Balletti & Drossman 7th 100 William Street, Floor New York, NY 10038 Presbytery of New York City 475 Riverside Drive, Suite 1600 New York, NY 10115 Rev. Robert L. Brashear c/o West Park Presbyterian Church 86t'' 165 West Street New York, NY 10024 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 wrap e , in an official depository under the exclusive care and custody of th nited States Post O within the State of Iowa. Swo to before me this 7th day of b , 2019 ary Pub MISTY FISHER CommissionNumber 755278 . Commission Expires My October 16, 2020 7 7 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 CERTIFICATE OF CONFORMITY I, Sam Waters, an attorney duly licensed to practice law n the State of Iowa, affirm under penalty or perjury and certify that 1 witnessed the signature of / h ShW as applied to the Affidavit annexed to this Certificate which was signe an dated on cÅ . The manner in which same was signed was, and is, in accordance with, and conforms to, the laws for taking oaths and acknowledgments in the state of Iowa. Date: SamŸaters, ISBA #13760 8 of 9 FILED: NEW YORK COUNTY CLERK 02/07/2019 04:55 PM INDEX NO. 154684/2017 NYSCEF DOC. NO. 153 RECEIVED NYSCEF: 02/07/2019 Index No. 154684/2017E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ELLEN GILMAN, Plaintiff, -against- THE CITY OF NEW YORK, THE UNITED PRESBYTERIAN CHURCH, IN THE UNITED STATES OF AMERICAN, A CORPORATION, WEST PARK PRESBYTERIAN CHURCH, THE SYNOD OF THE NORTHEAST OF THE PRESBYTERIAN CHURCH, PRESBYTERY OF NEW YORK CITY AND REV. ROBERT L. BRASHEAR, Defendants. Verified Answer to Third Am::ded C--phint Chudi± P. Lovas, Esq. LAW OFFICES OF LOVAS & NAQVI Attorney for Defadañt The City of New York 1225 Franidin Ave., Ste. 325 Garden City, NY 11530 (516) 897-1919 To: Elise Hagóilel Langsam Langsam Law, LLP 217 Broadway, Ste. 606 New York, NY 10007 Dated: February 7, 2019, Garden City, New York 8 9 of 9