FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`EX NO.
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`511763/2014
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`FILED: KINGS COUNTY CLERK 07m2017 02:16 PM
`NYSC 3F DOC. NO. 58
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`IND
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` *uIV‘ .D
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`“Exhibit E”
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK 07m2017 02:16 PM
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`INDEX N0.
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`511763/2014
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`RECEIVED NYSCEF:
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`05/27/2017
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`NYSCEF DOC. NO. 39
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`ERVIEXIIEEEEEEXEEEEMWW'W'“
`
`Plaintifi,
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`index No.: 51 1763/2014
`
`-against-
`
`TRITON CONSTRUCTION COMPANY, LLC,
`513T STREET MAIN LOT OWNER, LLC,
`WALSH GLASS & METAL INC. and V & P
`ALTITUDE CORR,
`
`Defendants.
`-—---—--“----mnn——--—-—_———w———---—qm—uu--—--—--u—--
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`VERIFIED
`ANSWER TO VERIFIED
`AMENDED COMPLAINT
`
`Defendants TRITON CONSTRUCTION COMPANY, LLC, SIST STREET MAIN
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`LOT OWNER, LLC, WALSH GLASS & METAL INC. and V&P ALTITUDE CORR, by
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`their attorneys, RAFTER AND ASSOCMTES PLLC, as and for their Verified Answer in response
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`to the Verified Amended Complaint, allege as follows:
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`AS AND EOR IE FIRST CAUSE OF ACTION
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`1.
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`Deny having knowledge or infomafion sufficient to form a belief as to the truth of
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`the allegations contained in paragraphs designated “1”, “13”, “40” and “50”.
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`2.
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`Admit the allegations contained in paragraphs designated “2”, “3”, “4”, “6”, “8”,
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`“16” and “22”.
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`3.
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`Deny the allegations contained in paragraphs designated “5”, “7”, “18”, “19”, “20”,
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`“24”, “27”, “28", “29”, “31”, “34”, “35”, “36”, “41”, “42”, “44", “45”, “46”, “47”, “48”, “49”,
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`“51", “52” and “53 ”.
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`4.
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`Deny the allegations contained in paragraphs designated “9”, “10” and “l l” in the
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`fonn alleged and respectfully refer all questions of law to the Honorable Justice presiding at the
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`trial of this lawsuit
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK 07m2017 02:16 PM
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`7&3
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`NYSCEF DOC. NO. 39
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`511763/2014
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`RECEIVED NYSCEF: 06/27/2017
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`5.
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`Deny the allegations contained in paragraphs designated “12”, “14”, “15”, “17”,
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`“21’2 “25”, “26”, “32”, “33”, “37”, “38” and “39” in the form alleged.
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`6.
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`Deny the allegations contained in paragraph designated “23” except admit that
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`Defendant TRITON CONSTRUCTION COMPANY, LLC entered into an agreement with
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`WALSH GLASS & METAL INC. wherein the latter would perform certain work, labor and
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`services.
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`7.
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`Deny the allegations contained in paragraph designated “30” except admit that
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`Defendant TRITON CONSTRUCTION COMPANY, LLC entered into an agreement with
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`WALSH GLASS & METAL INC. wherein the latter would perform certain work, labor and
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`services.
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`8.
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`Deny the allegations contained in paragraphs designated “43” and “54” and
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`respectfully refer all questions of law to the Honorable Justice presiding at the trial of this lawsuit.
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`AS AND FOR THE SECOND. CAUSE OF ACTION
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`9.
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`Defendants repeat, reiterate and reallege each and every admission or denial
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`heretofore made in response to paragraphs designated “1 ” through “5 4” as though fully set forth
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`herein at length in response to paragraph designated “55”.
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`10.
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`Deny the allegations contained in paragraphs designated “56”, “57” and “58” in the
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`form alleged and resPectfully refer all questions of law to the Honorable Justice presiding at the
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`trial of this lawsuit.
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`1 l.
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`Deny the allegations contained in paragraphs designated “59”, “60”, “6 1”, “62” and
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`“63” and respectfiflly refer all questions of law to the Honorable Justice presiding at the trial of
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`this lawsuit.
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK 07312017 02:16 PM
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`YSCEF Doc. no. 39
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`RECEIVED NYSCEF: 06/27/2017
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`& 532 FOR THE THIRD CAUSE OF ACTION
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`12.
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`Defendants repeat, reiterate and reallege each and every admission or denial
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`heretofore made in response to paragraphs designated “1” through “63” as though fiilly set forth
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`herein at length in response to paragraph designated “64”.
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`13.
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`Deny the allegations contained in paragraph designated “65” in the form alleged
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`and respectfully refer all questions of law to the Honorable Justice presiding at the trial of this
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`lawsuit.
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`l4.
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`Deny the allegations contained in paragraphs designated “66”, “67”, “68”, “69” and
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`“70” and respectfully refer all questions of law to the Honorable Justice presiding at the trial of
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`this lawsuit.
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`AS AND F‘QR THE FOURTH CAUSE QF ACTION
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`15.
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`Defendants repeat, reiterate and reallege each and every admission or denial
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`heretofore made in response to paragraphs designated “1” through “70” as though fully set forth
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`herein at length in response to paragraph designated “71”.
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`16.
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`Deny the allegations contained in paragraphs designated “72” in the form alleged
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`and respectfully refer all questions of law to the Honorable Justice presiding at the trial of this
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`lawsuit.
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`1?.
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`Deny the allegations contained in paragraphs designated “73”, “74”, “75”, “80” and
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`“8E” and respectfully refer all questions of law to the Honorable Justice presiding at the trial of
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`this lawsuit.
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`18.
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`19.
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`Deny the allegations contained in paragraph désignated “76”.
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`Deny having knowledge or information sufficient to form a belief as to the truth of
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`the allegations contained in paragraphs designated “77”, “78” and “79”.
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`INDEX NO~ 511763/2014
`FILED: KINGS COUNTY CLERK 07m2017 02:16 PM
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`NY LEDQ. KINGS COUNTY CLERK -
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`AS AND FOR THE FIFTH CAUSE OF ACTION
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`20.
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`Defendants repeat, reiterate and reallege each and every admission or denial
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`heretofore made in response to paragraphs designated “1” through “8 1” as though fully set forth
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`herein at length in response to paragraph designated “82”.
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`21.
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`Deny having knowledge or information sufficient to form a belief as to the truth of
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`the allegations contained in paragraph designated “83”.
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`22.
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`Deny the allegations contained in paragraphs. designated “84” and “85”.
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`AS AND FOR A FIRST, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
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`23.
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`That the damages allegedly suffered by the Plaintiff were caused in whole or in part
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`by the culpable conduct of the Plaintiff himself. The Plaintiff‘s claims are therefore barred or
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`diminished in the proportion that such culpable conduct of the Plaintiff bears to the total culpable
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`conduct causing the damages.
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`AS AND FOR A SECOND, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
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`24.
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`The'injured Plaintiff, if he may have sustained any injuries at the time and place,
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`and upon the occasion mentioned inthe Complaint, assumed the risk of sustaining same under the
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`conditions and circ*mstances then existing and obvious.
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`AS AND FOR A THIRD, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
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`25.
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`In the event that a judgment is rendered against these answering Defendants, they
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK 07312017 02:16 PM
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`NY'FEIFLEE: norms COUNTY CLERK umm R‘C‘IWWW-F‘Smfli’éé“
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`shall not be responsible for more than their proportionate share of liability pursuant to Section
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`1601, et seq. of the CPLR.
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`AS AND FOR A FOURTH, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSWERING DEFENDANTS ALLEGE AS FOLLOWS:
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`26.
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`That any damages sustained by Plaintiff were caused by third parties over which
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`these answering Defendants exercised no control andlor right of control.
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`AS AND FOR A FIFTH, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSEERING DEFENDANTS ALLEGE AS FOLLOWS:
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`27.
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`That any and an medical expenses incurred by the Plahitiff, and any and an claimed
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`lost wages, and any and a1] claimed economic losses haVe been and will be paid to the Plaintiff by
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`a collateral source as defined in CPLR §4S45(c), and, as such, these Defendants are, as a matter of
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`law, not required to indemnify the Plaintiff, and consequently, the Plaintiff“s claims are therefore
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`extinguished or diminished.
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`AS AND FOR A SIXTH, SEPARATE AND
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`DISTINCT AFFIRMATIVE DEFENSE, THE
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`I
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`L
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`I
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`28.
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`herein.
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`29.
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`ANS
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`That the Plaintiff was the sole proximate cause of any injuries and damages alleged
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`RINGDEEDANTSALLEGEAFOLLOWS:
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`AS AND FOR A SEVENTH, SEPARATE AND
`DISTINCT AFFIRMATIVE DEFENSE, THE
`ANSWERING DEFENDANEIS ALLEGE AS FOLLOWS:
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`That the Plaintifl‘ has failed to mitigate damages.
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`16 PM
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`INDEX NO. 511763/2014
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`KINGS COUNTY CLERK 07m2017 02:
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`NYSCEF DOC. NO. 39
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`RECEIVED NYSCEF: 06/27/2017
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`WHEREFORE, Defendants TRITON CONSTRUCTION COMPANY, LLC, 518T
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`STREET MAIN LOT OWNER, LLC, WALSH GLASS & METAL INC. and V&P
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`ALTITUDE CORP. demand judgment dismissing the Verified Amended Complaint against
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`them, together with the costs and disbmaements ofthis action.
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`Dated: New York, New York
`December 1, 2016
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`RAFFER AND ASSOCIATES PLLC
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`A
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`
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`.Iomeya for Defendants
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`0N CONSTRUCTION COMPANY,
`LLC, 5181‘ STREET MAIN LOT OWNER,
`LLC, WALSH GLASS & METAL INC
`and V&P ALTITUDE CORP.
`29 Broadway, 14th Floor
`New York, New York 10006
`(212) 797-4362
`File No.: 9510.1084
`
`TO:
`
`THE DAUTI LAW FIRM, RC.
`Attorneys for Plaintiffs
`45 Broadway, Suite 3020
`New York, New York 10006
`(212) 566-4891
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`
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK (”$201.7 02:16 PM
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`lay-Emma: mms COUNTY CLERK UH? '
`NYSCEF DOC. NO. 39
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`CLIENTS VERIFICATION
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`STATE OF NEW YORK
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`J
`_‘
`‘
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`{BOUNTY OF M M_ i% _)
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`ss.:
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`LANCE FRANKLIN, being duly sworn, says:
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`I am the Co+CEO ofTRITON CONSTRUCTION COMPANY, LLC, a defendant-inthe-
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`wit'hin action.
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`I have read the foregomg Verified Answcrto Verifier} Amended Complaint and know the
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`contents thereof; the same is true to my own knowledge, except as to the flutters therein stated to
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`be upon hiformation and belief, and that as to those matters, I believe them to be true.
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`The sources ofmy infotm’ation and 111% grounds ofmy 'beli'efas to all matmrs; stated 130' be
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`upon infonna'tien and belief ave records maintained by TRITON CONSTRUCTION
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`COMPANY,LLCL
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`
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`3mm to 'before me this
`M311!0W 2016
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`W
`,
`7
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`4.1.1
`N‘hfifigtfggzsmtOHENW
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`2 5
`FILE N0:~9510.1084
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`‘forl’
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`FILED: KINGS COUNTY CLERK 07/21/2017 02:16 PM
`NYSCEF DOC. NO. 58
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`INDEX NO. 511763/2014
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`RECEIVED NYSCEF: 07/21/2017
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`FILED: KINGS COUNTY CLERK 07312017 02:16 PM
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`Nywa mt; norms COUNTY CLERK c
`NYSCEF DOC. NO. 39
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`AFFIDAVIT OF SERVICE
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`ss.:
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`) )
`
`STATE OFNEW YORK
`
`COUNTY OF NEW YORK )
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`VINCENT ALVAREZ, being duly sworn, deposes and says:
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`That I am not a party to the within action, am over 18 years of age and reside in Queens
`County. That on the 17th day of January, 2017, deponent served the within enclosed
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`VERIFIED ANSWER TO VERIFIED AMENDED COMPLAINT
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`upon the attorneys and parties listed below by United States prepaid mail by placing same in a
`mailbox in the State of New York to:
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`THE DAUTI LAW FIRM, PC.
`Attorneys for Plaintiffs
`45 Broadway, Suite 3020
`New York, New York 10006
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`Sworn to before me this
`17th day of January, 2017
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`0/?( ..
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`_,
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`N TARY PUBLIC
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`HOWARD K. FISHMAN
`Notary Public, State of New York
`No. 02Fl4893036
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`Qualified in New York County
`Commission Expires April 13.2._9_L.?
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