Preview
FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018
18-5260
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------- x
RANDY PEREZ, : Index No.: 154411/2018
:
Plaintiff, :
: VERIFIED ANSWER
-against- :
:
SHERMAN REALTY LLC AND ABRO :
MANAGEMENT CORP., :
:
Defendants.
----------------------------- x
Defendants Sherman Realty LLC and Abro Management Corp., by their attorneys,
Gannon, Rosenfarb 8 Drossman, as and for their answer to the verified complaint, upon
information and belief, state as follows:
1. Deny knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraph 1.
2. Admit the allegations contained in paragraph 2.
3. Deny the allegations contained in paragraph 3, except admit that defendant,
Sherman Realty LLC, was and still is a domestic limited liability company, duly organized
and existing under and by virtue of the laws of the State of New York.
4. Admit the allegations contained in paragraph 4.
5. Deny the allegations contained in paragraph 5, except admit that defendant,
Abro Management Corp., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York.
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FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018
6. Admit the allegations contained in paragraph 6.
7. Deny knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraphs 7 and 8, and defer to the court the
resolution of legal issues raised therein.
8. Deny the allegations contained in paragraph 9.
9. Deny knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraphs 10, 11 and 12, and defer to the court the
resolution of legal issues raised therein.
10. Deny the allegations contained in paragraphs 13, 14 and 15.
11. Deny knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in paragraph 16, and defer to the court the resolution
of legal issues raised therein.
12. Deny the allegations contained in paragraph 17.
13. Deny the allegations contained in paragraph 18, and defer to the court the
resolution of legal issues raised therein.
AS A FIRST AFFIRMATIVE DEFENSE
14. Plaintiff's injuries, ifany, were caused in whole or in part by his own culpable
conduct, including comparative negligence and assumption of risk.
15. Pursuant to New York Civil Practice Law and Rules § 1411, the amount of
damages, ifany, otherwise recoverable by plaintiff shall be diminished in the proportion
which the culpable conduct attributable to them bears to the culpable conduct, ifany, which
caused the damages.
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AS A SECOND AFFIRMATIVE DEFENSE
16. Any recovery for the past or future cost or expense of medical care, dental
care, custodial care or rehabilitation services, loss of earnings or other economic loss shall
be reduced by the amounts that such was, or will,with reasonable certainty, be replaced
or indemnified, in whole or in part, from collateral sources such as insurance and other
sources.
AS A THIRD AFFIRMATIVE DEFENSE
17. The court lacks personal jurisdiction over defendants Sherman Realty LLC
and Abro Management Corp. due to insufficiency of process and/or insufficiency of service
of process.
AS A FOURTH AFFIRMATIVE DEFENSE
18. Plaintiff has failed to state a cause of action upon which relief can be granted.
AS A FIFTH AFFIRMATIVE DEFENSE
19. The acts and/or omissions of defendants as alleged in the verified complaint
were not the proximate cause of Plaintiff's injuries.
AS A SIXTH AFFIRMATIVE DEFENSE
20. Defendants assert the limitations of liability for non-economic loss set forth
in New York Civil Practice Law and Rules § 1601.
AS A SEVENTH AFFIRMATIVE DEFENSE
21. Plaintiff has failed to join a necessary party to the instant action.
AS AN EIGHTH AFFIRMATIVE DEFENSE
22. Upon information and belief, plaintiff has failed to mitigate damages allegedly
suffered.
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AS A NINTH AFFIRMATIVE DEFENSE
23. Plaintiff's action is barred by the doctrines of waiver, estoppel, laches and/or
ratification.
AS A TENTH AFFIRMATIVE DEFENSE
24. Any risks, dangers, or hazards in existence at the time and place mentioned
in the complaint were open, obvious, and apparent and were known to and assumed by
the plaintiff.
AS AN ELEVENTH AFFIRMATIVE DEFENSE
25. Any judgment plaintiff obtains against the answering defendant is subject to
a reduction pursuant to General Obligations Law Section 15-108(a).
WHEREFORE defendants Sherman Realty LLC and Abro Management Corp.
respectfully request that the Court dismiss the verified complaint in itsentirety, and that it
grant such other and further relief as the court deems just.
Dated: New York, New York
May 30, 2018
GANNON, ROSENFARB 8 DROSSMAN
Attorneys for Defendants
Sherman Realty LLC and
Abro Management Corp.
100 William Street - 7th Floor
New York, New York 10038
(212) 655-5000
TO: Trolman, Glaser 8 Lichtman, P.C.
Attorneys for Plaintiff
747 Third Avenue - 23rd Floor
New York, New York 10017
(212) 750-1200
File No.: 4002028
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
SS.
COUNTY OF NEW YORK )
Angelo Rios, being duly sworn, deposes and says:
I am the attorney for defendants, Sherman Realty LLC and Abro Management Corp.
in this action.
This Answer is true to the knowledge of deponent except as to matters which are
therein stated to be alleged upon information and belief, and as to those matters he
believes itto be true.
Deponent further says that he maintains his office for the practice of law at 100
William Street, New York, New York, and the reason why this verification is made by
deponent, and not by the aforesaid defendants is that said defendants do not maintain an
office in the county in which deponent maintains his office.
Deponent further says that the sources of his information include communications
with defendants and investigation.
Dated: New York, New York
May 30, 2018
A elo Rios
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Preview
FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018 18-5260 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------- x RANDY PEREZ, : Index No.: 154411/2018 : Plaintiff, : : VERIFIED ANSWER -against- : : SHERMAN REALTY LLC AND ABRO : MANAGEMENT CORP., : : Defendants. ----------------------------- x Defendants Sherman Realty LLC and Abro Management Corp., by their attorneys, Gannon, Rosenfarb 8 Drossman, as and for their answer to the verified complaint, upon information and belief, state as follows: 1. Deny knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 1. 2. Admit the allegations contained in paragraph 2. 3. Deny the allegations contained in paragraph 3, except admit that defendant, Sherman Realty LLC, was and still is a domestic limited liability company, duly organized and existing under and by virtue of the laws of the State of New York. 4. Admit the allegations contained in paragraph 4. 5. Deny the allegations contained in paragraph 5, except admit that defendant, Abro Management Corp., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. 1 of 5 FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018 6. Admit the allegations contained in paragraph 6. 7. Deny knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs 7 and 8, and defer to the court the resolution of legal issues raised therein. 8. Deny the allegations contained in paragraph 9. 9. Deny knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs 10, 11 and 12, and defer to the court the resolution of legal issues raised therein. 10. Deny the allegations contained in paragraphs 13, 14 and 15. 11. Deny knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 16, and defer to the court the resolution of legal issues raised therein. 12. Deny the allegations contained in paragraph 17. 13. Deny the allegations contained in paragraph 18, and defer to the court the resolution of legal issues raised therein. AS A FIRST AFFIRMATIVE DEFENSE 14. Plaintiff's injuries, ifany, were caused in whole or in part by his own culpable conduct, including comparative negligence and assumption of risk. 15. Pursuant to New York Civil Practice Law and Rules § 1411, the amount of damages, ifany, otherwise recoverable by plaintiff shall be diminished in the proportion which the culpable conduct attributable to them bears to the culpable conduct, ifany, which caused the damages. 2 of 5 FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018 AS A SECOND AFFIRMATIVE DEFENSE 16. Any recovery for the past or future cost or expense of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss shall be reduced by the amounts that such was, or will,with reasonable certainty, be replaced or indemnified, in whole or in part, from collateral sources such as insurance and other sources. AS A THIRD AFFIRMATIVE DEFENSE 17. The court lacks personal jurisdiction over defendants Sherman Realty LLC and Abro Management Corp. due to insufficiency of process and/or insufficiency of service of process. AS A FOURTH AFFIRMATIVE DEFENSE 18. Plaintiff has failed to state a cause of action upon which relief can be granted. AS A FIFTH AFFIRMATIVE DEFENSE 19. The acts and/or omissions of defendants as alleged in the verified complaint were not the proximate cause of Plaintiff's injuries. AS A SIXTH AFFIRMATIVE DEFENSE 20. Defendants assert the limitations of liability for non-economic loss set forth in New York Civil Practice Law and Rules § 1601. AS A SEVENTH AFFIRMATIVE DEFENSE 21. Plaintiff has failed to join a necessary party to the instant action. AS AN EIGHTH AFFIRMATIVE DEFENSE 22. Upon information and belief, plaintiff has failed to mitigate damages allegedly suffered. 3 of 5 FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018 AS A NINTH AFFIRMATIVE DEFENSE 23. Plaintiff's action is barred by the doctrines of waiver, estoppel, laches and/or ratification. AS A TENTH AFFIRMATIVE DEFENSE 24. Any risks, dangers, or hazards in existence at the time and place mentioned in the complaint were open, obvious, and apparent and were known to and assumed by the plaintiff. AS AN ELEVENTH AFFIRMATIVE DEFENSE 25. Any judgment plaintiff obtains against the answering defendant is subject to a reduction pursuant to General Obligations Law Section 15-108(a). WHEREFORE defendants Sherman Realty LLC and Abro Management Corp. respectfully request that the Court dismiss the verified complaint in itsentirety, and that it grant such other and further relief as the court deems just. Dated: New York, New York May 30, 2018 GANNON, ROSENFARB 8 DROSSMAN Attorneys for Defendants Sherman Realty LLC and Abro Management Corp. 100 William Street - 7th Floor New York, New York 10038 (212) 655-5000 TO: Trolman, Glaser 8 Lichtman, P.C. Attorneys for Plaintiff 747 Third Avenue - 23rd Floor New York, New York 10017 (212) 750-1200 File No.: 4002028 4 of 5 FILED: NEW YORK COUNTY CLERK 06/01/2018 09:35 AM INDEX NO. 154411/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/01/2018 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) SS. COUNTY OF NEW YORK ) Angelo Rios, being duly sworn, deposes and says: I am the attorney for defendants, Sherman Realty LLC and Abro Management Corp. in this action. This Answer is true to the knowledge of deponent except as to matters which are therein stated to be alleged upon information and belief, and as to those matters he believes itto be true. Deponent further says that he maintains his office for the practice of law at 100 William Street, New York, New York, and the reason why this verification is made by deponent, and not by the aforesaid defendants is that said defendants do not maintain an office in the county in which deponent maintains his office. Deponent further says that the sources of his information include communications with defendants and investigation. Dated: New York, New York May 30, 2018 A elo Rios 5 of 5