Preview
FILED: NEW YORK COUNTY CLERK 04/20/2022 01:45 PM INDEX NO. 156798/2019
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/20/2022
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 07/16/2020
04/20/2022 02:46
01:45 PM INDEX NO. 156798/2019
NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
04/20/2022
KWO/mlr SUPREME COURT OF THE STATE OF NEW YORK
005-452 COUNTY OF NEW YORK
----------- -----------------------------------------------------X
REGINALD JOSEPH LEDEE Index No.: 156798/2019
Plaintiff, VERIFIED ANSWER TO
THIRD-PARTY COMPLAINT
-against-
BETH ISRAEL MEDICAL CENTER, BETH ISRAEL
HOSPITAL ASSOCIATION, and JACOB PERLOW,
Defendants.
--------------------------------------------------------------------X
BETH ISRAEL MEDICAL CENTER, BETH ISRAEL
HOSPITAL ASSOCIATION, and JACOB PERLOW,
Third-Party Plaintiffs,
-against-
SCHINDLER ELEVATOR CORP.,
Third-Party Defendant.
. ---------------------- __--------------------------------------------X
Third-party defendant, SCHINDLER ELEVATOR CORP., by its attorneys, KELLER,
O'REILLY & WATSON, P.C., answering the third-party complaint of the defendant/third-party
plaintiff herein, alleges upon information and belief:
1.Denies each and every allegation contained in paragraphs designated "1", "3", "6",
and "7",
2. Denies any knowledge or information thereof sufficient to form a belief, as to the
"5"
allegations contained in paragraph designed in the form alleged, but admits that at all times
hereinafter mentioned, SCHINDLER ELEVATOR regularly engagedin business and derived
revenue from services rendered within the State of New York.
3. Denies any knowledge or information thereof sufficient to form a belief, as to
the allegations contained in paragraphs designated "8", "9", "10", "11", "12", "13", "14', "15",
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NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
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and "16", in the form alleged, leaving all questions of law to the Court and allquestions of fact
to the trierof fact.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
4. With respect to that paragraph of the third- complaint designated as
party "17",
"1"
third-party defendant repeats and reiterates above denials for paragraphs designated through
"16".
5. Denies any knowledge or information thereof sufficient to form a belief, as to
the allegations cor,taiñéd in paragraphs designated "18", "19", "20", "21", "22", and "26", in the
form alleged, leaving all questions of law to the Court and all questions of fact to the trier of
fact.
6. Denies each and every allegation contained in paragraphs designated "23", "24",
"25", and "27".
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
7. With respect to that paragraph of the third- complaint designated as
party "28",
"l"
third-party defendant repeats and reiterates above denials for paragraphs designated through
"27".
8. Denies any knowledge or information thereof sufficient to form a belief, as to
"29" "31,"
the allegations contained in paragraphs designated and in the form alleged, leaving
all questions of law to the Court and allquestions of fact to the trier of fact.
"30"
9. Denies each and every allegation contained in paragraphs designated and
"32".
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
10. With respect to that paragraph of the third- complaint designated as
party "33",
"1"
third-party defendant repeats and reiterates above denials for paragraphs designated through
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FILED: NEW YORK COUNTY CLERK 07/16/2020
04/20/2022 02:46
01:45 PM INDEX NO. 156798/2019
NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
04/20/2022
"32".
"34"
1L Denies each and every allegation contained in paragraphs designated and
"35".
AS AND FOR A FIRST, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION
IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT
ALLEGES, UPON INFORMATION AND BELIEF:
12. Third-Party Defêñdãñt, SCHINDLER ELEVATOR CORP., pursuant to Article
14 of the CPLR, claims contribution and demands that the liability,if any, be apportioned
among the defendant/third party plaintiff and third-party defendant.
AS AND FOR A SECOND, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION
IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT
ALLEGES, UPON INFORMATION AND BELIEF:
13. Upon information and belief, the injury sustained by the plaintiff was not as the
result of any culpable conduct of the third-party defendant herein, or in the alternative, the
amount of damages otherwise recoverable shall be diminished in the perceñtage proportion of
the culpable conduct of the plaintiff which contributed to the culpable conduct that caused the
injury.
AS AND FOR A THIRD, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION
IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT
ALLEGES, UPON INFORMATION AND BELIEF:
14. The alleged cause sof action asserted by the defendant/third-party plaintiff in
paragraphs 1 through 35, failto state a cause of action in that itdoes not contain any allegations
of injury to the plaintiff for which the answering third-party defendâñt can be held liable.
AS AND FOR A FOURTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION
IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT
ALLEGES, UPON INFORMATION AND BELIEF:
16. Any recovery or verdict against the answering third-party defendant must be
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FILED: NEW YORK COUNTY CLERK 07/16/2020
04/20/2022 02:46
01:45 PM INDEX NO. 156798/2019
NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
04/20/2022
reduced by virtue of the failure of the plaintiff to have exercised due care to avoid, eliminate
and/or mitigate the injury and/or damages allegedly süstãined.
AS AND FOR A FIFTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION
IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT
ALLEGES, UPON INFORMATION AND BELIEF:
17. This third-party defendant will rely upon the provisions of Article 16 of the
CPLR with regard to the limitation ofjoint and several liability.
WHEREFORE, third-party defendant, SCHINDLER ELEVATOR CORP., by its
attorneys, KELLER, O'REILLY & WATSON, P.C., demands judgment dismissing the Third-
Party Corñplaint herein together with interest, costs, disbursements or judgment over as may be
required by law.
Dated: Woodbury, New York
July 13, 2020
Yours, etc.,
KELLER, O'REIL & W TSON, P.C.
.
By:
O'
. Y
Attorney r Third-Party Defendant
SCHINDLER ELEVATOR CORP.
242 Crossways Park West
Woodbury, New York 11797
(516) 496-1919
TO: SHEELEY LLP
Charles V. Weitman
Attorneys for Defendants/Third-Party Plaintiffs
BETH ISRAEL MEDICAL CENTER and
BETH ISRAEL HOSPITAL ASSOCIATION
Office & P.O. Address
19*
100 Wall Street, Floor
New York, New York 10005
(646) 809-4779
!
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FILED: NEW YORK COUNTY CLERK 07/16/2020
04/20/2022 02:46
01:45 PM INDEX NO. 156798/2019
NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
04/20/2022
CHOPRA & NOCERINO, LLP
Attorneys for Plaintiff
100 Quentin Roosevelt Boulevard, Suite 107
Garden City, New York 11530
(212) 868-3600
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FILED: NEW YORK COUNTY CLERK 07/16/2020
04/20/2022 02:46
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NYSCEF DOC. NO. 40
91 RECEIVED NYSCEF: 07/16/2020
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VERIFICATION
KEVIN W. O'REILLY, an attomey admitted to practice in the courts of the State of New
York, hereby affirms as true under all penalties of perjury that I am the attorney of record for
defendant SCHINDLER ELEVATOR CORP., in the within action; that I have read
third-party
the foregoing VERIFIED THIRD-PARTY ANSWER, and know the contents thereof; the same
is true to my knowledge, except as to the matters therein alleged to be on information and belief,
and as to those matters I believe itto be true. The reason this verification is made by me and not
by third-party defendant is that third-party defendant is not located within the same county
wherein your affirmant maintains his office.
The grounds of my belief as to all matters not stated upon my own knowledge are as f
follows: by a file maintained in my office.
Dated: Woodbury, New York
July 13, 2020
K W. O'REILLY
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Preview
FILED: NEW YORK COUNTY CLERK 04/20/2022 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 04/20/2022 EXHIBIT F FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 KWO/mlr SUPREME COURT OF THE STATE OF NEW YORK 005-452 COUNTY OF NEW YORK ----------- -----------------------------------------------------X REGINALD JOSEPH LEDEE Index No.: 156798/2019 Plaintiff, VERIFIED ANSWER TO THIRD-PARTY COMPLAINT -against- BETH ISRAEL MEDICAL CENTER, BETH ISRAEL HOSPITAL ASSOCIATION, and JACOB PERLOW, Defendants. --------------------------------------------------------------------X BETH ISRAEL MEDICAL CENTER, BETH ISRAEL HOSPITAL ASSOCIATION, and JACOB PERLOW, Third-Party Plaintiffs, -against- SCHINDLER ELEVATOR CORP., Third-Party Defendant. . ---------------------- __--------------------------------------------X Third-party defendant, SCHINDLER ELEVATOR CORP., by its attorneys, KELLER, O'REILLY & WATSON, P.C., answering the third-party complaint of the defendant/third-party plaintiff herein, alleges upon information and belief: 1.Denies each and every allegation contained in paragraphs designated "1", "3", "6", and "7", 2. Denies any knowledge or information thereof sufficient to form a belief, as to the "5" allegations contained in paragraph designed in the form alleged, but admits that at all times hereinafter mentioned, SCHINDLER ELEVATOR regularly engagedin business and derived revenue from services rendered within the State of New York. 3. Denies any knowledge or information thereof sufficient to form a belief, as to the allegations contained in paragraphs designated "8", "9", "10", "11", "12", "13", "14', "15", 1 of 6 FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 and "16", in the form alleged, leaving all questions of law to the Court and allquestions of fact to the trierof fact. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 4. With respect to that paragraph of the third- complaint designated as party "17", "1" third-party defendant repeats and reiterates above denials for paragraphs designated through "16". 5. Denies any knowledge or information thereof sufficient to form a belief, as to the allegations cor,taiñéd in paragraphs designated "18", "19", "20", "21", "22", and "26", in the form alleged, leaving all questions of law to the Court and all questions of fact to the trier of fact. 6. Denies each and every allegation contained in paragraphs designated "23", "24", "25", and "27". AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 7. With respect to that paragraph of the third- complaint designated as party "28", "l" third-party defendant repeats and reiterates above denials for paragraphs designated through "27". 8. Denies any knowledge or information thereof sufficient to form a belief, as to "29" "31," the allegations contained in paragraphs designated and in the form alleged, leaving all questions of law to the Court and allquestions of fact to the trier of fact. "30" 9. Denies each and every allegation contained in paragraphs designated and "32". AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 10. With respect to that paragraph of the third- complaint designated as party "33", "1" third-party defendant repeats and reiterates above denials for paragraphs designated through 2 of 6 FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 "32". "34" 1L Denies each and every allegation contained in paragraphs designated and "35". AS AND FOR A FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: 12. Third-Party Defêñdãñt, SCHINDLER ELEVATOR CORP., pursuant to Article 14 of the CPLR, claims contribution and demands that the liability,if any, be apportioned among the defendant/third party plaintiff and third-party defendant. AS AND FOR A SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: 13. Upon information and belief, the injury sustained by the plaintiff was not as the result of any culpable conduct of the third-party defendant herein, or in the alternative, the amount of damages otherwise recoverable shall be diminished in the perceñtage proportion of the culpable conduct of the plaintiff which contributed to the culpable conduct that caused the injury. AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: 14. The alleged cause sof action asserted by the defendant/third-party plaintiff in paragraphs 1 through 35, failto state a cause of action in that itdoes not contain any allegations of injury to the plaintiff for which the answering third-party defendâñt can be held liable. AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: 16. Any recovery or verdict against the answering third-party defendant must be 3 of 6 FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 reduced by virtue of the failure of the plaintiff to have exercised due care to avoid, eliminate and/or mitigate the injury and/or damages allegedly süstãined. AS AND FOR A FIFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE THIRD-PARTY COMPLAINT, ANSWERING THIRD-PARTY DEFENDANT ALLEGES, UPON INFORMATION AND BELIEF: 17. This third-party defendant will rely upon the provisions of Article 16 of the CPLR with regard to the limitation ofjoint and several liability. WHEREFORE, third-party defendant, SCHINDLER ELEVATOR CORP., by its attorneys, KELLER, O'REILLY & WATSON, P.C., demands judgment dismissing the Third- Party Corñplaint herein together with interest, costs, disbursements or judgment over as may be required by law. Dated: Woodbury, New York July 13, 2020 Yours, etc., KELLER, O'REIL & W TSON, P.C. . By: O' . Y Attorney r Third-Party Defendant SCHINDLER ELEVATOR CORP. 242 Crossways Park West Woodbury, New York 11797 (516) 496-1919 TO: SHEELEY LLP Charles V. Weitman Attorneys for Defendants/Third-Party Plaintiffs BETH ISRAEL MEDICAL CENTER and BETH ISRAEL HOSPITAL ASSOCIATION Office & P.O. Address 19* 100 Wall Street, Floor New York, New York 10005 (646) 809-4779 ! 4 of 6 FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 CHOPRA & NOCERINO, LLP Attorneys for Plaintiff 100 Quentin Roosevelt Boulevard, Suite 107 Garden City, New York 11530 (212) 868-3600 5 of 6 FILED: NEW YORK COUNTY CLERK 07/16/2020 04/20/2022 02:46 01:45 PM INDEX NO. 156798/2019 NYSCEF DOC. NO. 40 91 RECEIVED NYSCEF: 07/16/2020 04/20/2022 VERIFICATION KEVIN W. O'REILLY, an attomey admitted to practice in the courts of the State of New York, hereby affirms as true under all penalties of perjury that I am the attorney of record for defendant SCHINDLER ELEVATOR CORP., in the within action; that I have read third-party the foregoing VERIFIED THIRD-PARTY ANSWER, and know the contents thereof; the same is true to my knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe itto be true. The reason this verification is made by me and not by third-party defendant is that third-party defendant is not located within the same county wherein your affirmant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as f follows: by a file maintained in my office. Dated: Woodbury, New York July 13, 2020 K W. O'REILLY 6 of 6