Preview
FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------x
MARIA ARGUETA CRUZ,
Index No: 27423/2017E
Plaintiff(s),
ANSWER WITH
CROSS CLAIMS
-against-
173 BROADWAY ASSOCIATES LLC and
LINDO AMANECER
GROCERY CORP,
Defendant(s).
-------------------------------------------------------------x
This answering Defendant, LINDO AMANECER GROCERY CORP., by its
attorney, HATTIE F. RAGONE, ESQ., for itsAnswer to the Plaintiff's Complaint,
respectfully shows to this Court and alleges:
AS AND FOR AN ANSWER TO THE
PLAINTIFF'S COMPLAINT ON BEHALF
OF LINDO AMANECER GROCERY
CORP., THE ANSWERING DEFENDANT
ALLEGES THE FOLLOWING:
1. Denies any knowledge of information sufficient to form a belief as to
each and every allegation contained within paragraph(s) 1, 2, 3, 4, 6, 7, 8, 9, 15, 16,
17, 18, and 19.
2. Denies each and every allegation contained within the paragraph(s) 5,
10, 11, 12, 13, and 14. .
AS AND FOR A FIRST AFFIRMATIVE
DEFENSE TO THE PLAINTIFF'S
COMPLAINT, THIS ANSWERING
DEFENDANTALLEGESTHE
FOLLOWING:
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3. That whatever damages were sustained by the Plaintiff at the time and
place alleged in the complaint, was the result of the negligence of the Plaintiff and
not this answering Defendant, itsagents, servants and/or employees, and in the event
that the Plaintiff succeeds in recovering a verdict or judgment in this litigation, the
amount thereof should be reduced in accordance with the doctrine of comparative
negligence.
AS AND FOR A SECOND AFFIRMATIVE
DEFENSE TO THE PLAINTIFF'S
COMPLAINT, THIS ANSWERING
DEFENDANTALLEGESTHE
FOLLOWING:
4. That whatever injuries and/or damages were sustained by the Plaintiff
at the time and place alleged in the complaint, was the result of the culpable conduct
of the Plaintiff, in causing his alleged fall and was not a result of the negligence of
the Defendant, its agents, servants and/or employees and in the event that the
Plaintiff succeeds in recovering a verdict or judgment in this litigation, the amount
thereof should be reduced in accordance with the doctrine of comparative
negligence.
AS AND FOR A THIRD AFFIRMATIVE
DEFENSE TO THE PLAINTIFF'S
COMPLAINT, THIS ANSWERING
DEFENDANTALLEGESTHE
FOLLOWING:
5. That the damages allegedly suffered by Plaintiff were caused in whole
or in part by the culpable conduct of the Plaintiff. Plaintiff's claim is therefore
barred or diminished in the proportion that such culpable conduct of the Plaintiff
bears to the total culpable conduct causing the damages.
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AS AND FOR A FOURTH AFFIRMATIVE
DEFENSE TO THE PLAINTIFF'S
COMPLAINT, THIS ANSWERING
DEFENDANTALLEGESTHE
FOLLOWING:
6. The Plaintiff, if he may have sustained any injuries at the time and
place, and upon occasion mentioned in the complaint, assumed the risk of sustaining
same under the conditions and circumstances then existing.
AS AND FOR A FIFTH AFFIRMATIVE
DEFENSE TO THE PLAINTIFF'S
COMPLAINT, THIS ANSWERING
DEFENDANTALLEGESTHE
FOLLOWING:
7. Plaintiff's claims are barred, or the damages to which she may be
entitled are to be reduced by the doctrine of contributory negligence, Article 14 of
the CPLR, or General Obligation Law §15-108.
AS ANDFORASEVENTH
AFFIRMATIVE DEFENSE TO THE
PLAINTIFF'S COMPLAINT, THIS
ANSWERING DEFENDANT ALLEGES
THE FOLLOWING:
8. Plaintiff's complaint fails to state a cause of action upon which to
obtain relief as against the answering Defendant.
10. Plaintiff's claims are barred.
AS AND FOR A FIRST CROSS-CLAIM
AGAINST THE DEFENDANT, 173
BROADWAY ASSOCIATES LLC, THE
ANSWERING DEFENDANT ALLEGES
THE FOLLOWING:
11. That if the Plaintiff, recovers herein it will by virtue of the
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recklessness, carelessness and negligence of the above-named Defendant, and not of
the answering Defendant, and that these answering Defendant demand judgment for
contribution and/or indemnification, and that the respective negligence of the
Defendant be ascertained, determined and adjudicated, and that these answering
Defendant has judgment over and against the above mentioned, as to the
proportionate share commensurate with the respective degree of negligence as will
be decided on at the trial of this matter.
AS AND FOR A SECOND CROSS-CLAIM
AGAINST THE DEFENDANT, 173
BROADWAY ASSOCIATES LLC., THE
ANSWERING DEFENDANT ALLEGES
THE FOLLOWING:
12. That if the Plaintiff sustains damages as alleged in the complaint, all
of which are denied by the Answering Defendant, said damages were caused by the
negligence and culpable conduct of 173 BROADWAY ASSOCIATES LLC., its
agents, servants, employees, and assigns with no negligence, culpable conduct,
wrongful acts, or acts of omission of the Answering Defendant and that the
Answering Defendant demands judgment for contribution and/or indemnification,
and that the respective negligence of the Defendant be ascertained, determined and
adjudicated, and that these answering Defendant has judgment over and against the
above mentioned, as to the proportionate share commensurate with the respective
degree of negligence as will be decided on at the trialof this matter.
WHEREFORE, this answering Defendant demand judgment dismissing the
Plaintiff's complaint together with the costs and disbursements of this action, and
further demand that the responsibility of the Defendant be adjudicated, and in the
event a judgment is obtained on behalf of the Plaintiff, this answering cross-claiming
Defendant demands that the responsibility of all the parties be apportioned.
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Dated: Staten Island, New York
June 27, 2018
Yours, etc.
/s/
HATTIE F. RAGONE, Esq.
Attorney for Defendant
LINDO AMANECER GROCERY
CORP.,
390 St. Marks Place
Staten Island, NY 10301
(718) 715-4488
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VERIFICATION
HATTIE F. RAGONE, an attorney-at-law, duly admitted to practice in the
Courts of this State, affirms the following under penalties of perjury:
I am the attorney for the Defendant LINDO AMANECER GROCERY
CORP., in the within action.
I have read the foregoing Answer and on information and belief, believe the
matters alleged therein to be true. The source of affirmant's information and the
grounds of his belief are communications, papers, reports and investigations
contained in the file.
This verification is made by affirmant and not by the Defendant(s) because
the Defendant(s) herein reside in a County other than the one in which affirmant
maintains her office.
Dated: Staten Island, New York
June 27, 2018
/s/
HATTIE F. RAGONE, Esq.
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Preview
FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 SUPREME COURT OF STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------x MARIA ARGUETA CRUZ, Index No: 27423/2017E Plaintiff(s), ANSWER WITH CROSS CLAIMS -against- 173 BROADWAY ASSOCIATES LLC and LINDO AMANECER GROCERY CORP, Defendant(s). -------------------------------------------------------------x This answering Defendant, LINDO AMANECER GROCERY CORP., by its attorney, HATTIE F. RAGONE, ESQ., for itsAnswer to the Plaintiff's Complaint, respectfully shows to this Court and alleges: AS AND FOR AN ANSWER TO THE PLAINTIFF'S COMPLAINT ON BEHALF OF LINDO AMANECER GROCERY CORP., THE ANSWERING DEFENDANT ALLEGES THE FOLLOWING: 1. Denies any knowledge of information sufficient to form a belief as to each and every allegation contained within paragraph(s) 1, 2, 3, 4, 6, 7, 8, 9, 15, 16, 17, 18, and 19. 2. Denies each and every allegation contained within the paragraph(s) 5, 10, 11, 12, 13, and 14. . AS AND FOR A FIRST AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANTALLEGESTHE FOLLOWING: 1 of 6 FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 3. That whatever damages were sustained by the Plaintiff at the time and place alleged in the complaint, was the result of the negligence of the Plaintiff and not this answering Defendant, itsagents, servants and/or employees, and in the event that the Plaintiff succeeds in recovering a verdict or judgment in this litigation, the amount thereof should be reduced in accordance with the doctrine of comparative negligence. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANTALLEGESTHE FOLLOWING: 4. That whatever injuries and/or damages were sustained by the Plaintiff at the time and place alleged in the complaint, was the result of the culpable conduct of the Plaintiff, in causing his alleged fall and was not a result of the negligence of the Defendant, its agents, servants and/or employees and in the event that the Plaintiff succeeds in recovering a verdict or judgment in this litigation, the amount thereof should be reduced in accordance with the doctrine of comparative negligence. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANTALLEGESTHE FOLLOWING: 5. That the damages allegedly suffered by Plaintiff were caused in whole or in part by the culpable conduct of the Plaintiff. Plaintiff's claim is therefore barred or diminished in the proportion that such culpable conduct of the Plaintiff bears to the total culpable conduct causing the damages. 2 of 6 FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANTALLEGESTHE FOLLOWING: 6. The Plaintiff, if he may have sustained any injuries at the time and place, and upon occasion mentioned in the complaint, assumed the risk of sustaining same under the conditions and circumstances then existing. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANTALLEGESTHE FOLLOWING: 7. Plaintiff's claims are barred, or the damages to which she may be entitled are to be reduced by the doctrine of contributory negligence, Article 14 of the CPLR, or General Obligation Law §15-108. AS ANDFORASEVENTH AFFIRMATIVE DEFENSE TO THE PLAINTIFF'S COMPLAINT, THIS ANSWERING DEFENDANT ALLEGES THE FOLLOWING: 8. Plaintiff's complaint fails to state a cause of action upon which to obtain relief as against the answering Defendant. 10. Plaintiff's claims are barred. AS AND FOR A FIRST CROSS-CLAIM AGAINST THE DEFENDANT, 173 BROADWAY ASSOCIATES LLC, THE ANSWERING DEFENDANT ALLEGES THE FOLLOWING: 11. That if the Plaintiff, recovers herein it will by virtue of the 3 of 6 FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 recklessness, carelessness and negligence of the above-named Defendant, and not of the answering Defendant, and that these answering Defendant demand judgment for contribution and/or indemnification, and that the respective negligence of the Defendant be ascertained, determined and adjudicated, and that these answering Defendant has judgment over and against the above mentioned, as to the proportionate share commensurate with the respective degree of negligence as will be decided on at the trial of this matter. AS AND FOR A SECOND CROSS-CLAIM AGAINST THE DEFENDANT, 173 BROADWAY ASSOCIATES LLC., THE ANSWERING DEFENDANT ALLEGES THE FOLLOWING: 12. That if the Plaintiff sustains damages as alleged in the complaint, all of which are denied by the Answering Defendant, said damages were caused by the negligence and culpable conduct of 173 BROADWAY ASSOCIATES LLC., its agents, servants, employees, and assigns with no negligence, culpable conduct, wrongful acts, or acts of omission of the Answering Defendant and that the Answering Defendant demands judgment for contribution and/or indemnification, and that the respective negligence of the Defendant be ascertained, determined and adjudicated, and that these answering Defendant has judgment over and against the above mentioned, as to the proportionate share commensurate with the respective degree of negligence as will be decided on at the trialof this matter. WHEREFORE, this answering Defendant demand judgment dismissing the Plaintiff's complaint together with the costs and disbursements of this action, and further demand that the responsibility of the Defendant be adjudicated, and in the event a judgment is obtained on behalf of the Plaintiff, this answering cross-claiming Defendant demands that the responsibility of all the parties be apportioned. 4 of 6 FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 Dated: Staten Island, New York June 27, 2018 Yours, etc. /s/ HATTIE F. RAGONE, Esq. Attorney for Defendant LINDO AMANECER GROCERY CORP., 390 St. Marks Place Staten Island, NY 10301 (718) 715-4488 5 of 6 FILED: NEW YORK COUNTY CLERK 06/27/2018 02:34 PM INDEX NO. 154432/2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/27/2018 VERIFICATION HATTIE F. RAGONE, an attorney-at-law, duly admitted to practice in the Courts of this State, affirms the following under penalties of perjury: I am the attorney for the Defendant LINDO AMANECER GROCERY CORP., in the within action. I have read the foregoing Answer and on information and belief, believe the matters alleged therein to be true. The source of affirmant's information and the grounds of his belief are communications, papers, reports and investigations contained in the file. This verification is made by affirmant and not by the Defendant(s) because the Defendant(s) herein reside in a County other than the one in which affirmant maintains her office. Dated: Staten Island, New York June 27, 2018 /s/ HATTIE F. RAGONE, Esq. 6 of 6