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FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
_____________________________________________
FREDDY A. DURAN, Index No.: 817000/2023E
Plaintiff,
vs. VERIFIED ANSWER
ANSAR KHAN RAJA and NLC LOGISTICS, INC.,
Defendants.
_____________________________________________
Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC. (“Answering
Defendants”), by and through their attorneys WILSON ELSER MOSKOWITZ EDELMAN &
DICKER, LLP, as and for an Answer to the Plaintiff, FREDDY A. DURAN’s Complaint, dated
October 26, 2023 (the “Complaint”), hereby sets forth as follows:
1. Answering Defendants deny knowledge or information thereof sufficient to form a
belief as to the truth of the allegations set forth in paragraph “1” of the Complaint.
2. Answering Defendants admit the allegations set forth in paragraph “2” of the
Complaint.
3. Answering Defendants deny the allegations set forth in the first listed paragraph
“3” of the Complaint.
4. Answering Defendants admit the allegations set forth in the second listed paragraph
“3” of the Complaint.
5. Answering Defendants deny the allegations set forth in paragraphs “4,” “5,” “6,”
“7,” “8,” “9,” “10,” “11,” “12,” “13,” “14,” “15,” “16,” “17,” “18,” and “19” of the Complaint.
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6. Answering Defendants deny knowledge or information thereof sufficient to form a
belief as to the truth of the allegations set forth in paragraphs “20,” “21,” “22,” and “23” of the
Complaint.
7. Answering Defendants deny the allegations set forth in paragraphs “24,” “25,”
“26,” “27,” “28,” “29,” “30,” “31,” “32,” “33,” “34,” and “35” of the Complaint.
8. Answering Defendants deny each and every other allegation of the Complaint
which has not specifically been responded to heretofore herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. The relative culpability of each party who is or may be liable for the damages
alleged by the Plaintiff in this action should be determined in accordance with the decisional and
statutory law of the State of New York, and the equitable share of each party’s liability for
contribution should be determined and apportioned in accordance with the relative culpability, if
any, of each such party pursuant to Article 14 of the C.P.L.R.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. Any and all risks, hazards, defects and dangers alleged are of an open, obvious and
apparent nature and were known or should have been known to the Plaintiff herein, and the
Plaintiff willingly and voluntarily assumed all such risks, hazards, defects and dangers.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. Upon information and belief, Plaintiff’s economic loss, if any, as specified in
Section 4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from
collateral sources, and this Answering Defendants are entitled to have this Court consider the same
in determining such special damages as provided in Section 4545 of the CPLR.
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AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
12. Whatever damages the Plaintiff may have sustained at the time and place mentioned
in the Complaint were caused in whole or in part by the culpable conduct, contributory negligence
and/or assumption of risk of the Plaintiff and that amount of damages recovered, if any, shall be
diminished in that proportion which said culpable conduct, contributory negligence and/or
assumption of risk bears to said damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
13. In the event that any person or entity liable or claimed to be liable for the injuries
alleged in this action has been given or may hereafter give a release or covenant not to sue,
Answering Defendant will be entitled to protection under General Obligations Law §15-108 and
the corresponding reduction of any damages which may be determined to be due against the
Answering Defendants.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
14. If and in the event these Answering Defendant is found to be liable to the Plaintiff,
the Answering Defendant’s liability is limited by the provisions of Article 16 of the C.P.L.R.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
15. The alleged injuries sustained were caused by the culpable conduct of other
Defendants or third-parties who may be unknown to these Answering Defendants. Accordingly
any verdict or judgment in favor of the Plaintiff must be reduced by the percentage of culpable
conduct that the trier-of-fact apportions to other defendants and/or third-parties.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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16. The alleged injuries suffered by the Plaintiff were not proximately caused by the
alleged accident(s) in question or by any actions of the Answering Defendants, and was the result
of superseding and/or intervening causes over which the Answering Defendants had no control or
right to exercise control.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
17. While these Answering Defendants deny the Plaintiff’s allegations of negligence,
liability, statutory liability, strict liability, injury and damages, if proven, they were the result of
intervening and/or interceding acts of superseding negligence, liability, statutory liability, strict
liability on the part of parties which the Answering Defendants neither controlled nor have the
right to control and for which acts or omission the Answering Defendants are not legally
responsible.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
18. The Complaint fails to state a cause of action upon which relief can be granted.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
19. In accordance with Article 14 of the C.P.L.R., the Answering Defendants reserve
the right to assert in mitigation of damages, the culpable conduct attributable to the Plaintiff, if any
be shown.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
20. Upon information and belief, Plaintiff did not sustain a serious injury as defined
pursuant to Insurance Law §5102 and §5108, and therefore he has no right to maintain this action
and his exclusive remedy is confined to article 51 of the Insurance Law.
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AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
21. The Plaintiff’s Complaint should be dismissed by reason of his failure to join one
or more necessary parties to this action.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
22. The Court lacks jurisdiction over the person or property of the Answering
Defendants in that service of process was not made in accordance with the provisions of New York
State law or in accordance with the applicable sections of the Hague Convention on Service
Abroad, and/or the Affidavit of Service filed in the action contains deficiencies entitling the
Answering Defendants to dismissal of this action.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
23. Plaintiff’s action, in whole or in part, is barred by assumption of risk.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
24. The Plaintiff’s Complaint is barred in whole or in part by the applicable statute of
limitations or statute of repose.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
25. Plaintiff through the use of reasonable care could have averted his
injuries/damages.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
26. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
the injuries, damages and disabilities alleged in the Complaint (which are expressly denied), in
any or all of the following manners:
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a. Plaintiff failed to utilize available safety devices installed in her vehicle at the
time of the collision, including but not limited to seatbelts and/or safety
restraints;
b. Plaintiff delayed seeking immediate medical treatment following the subject
incident; and
c. Plaintiff failed and/or refused to follow the recommendations of her treating
physicians, and/or seek evaluation by or consultation with recommended or
suggested medical specialists.
AS AND FOR A NINTEENTH AFFIRMATIVE DEFENSE
27. If the Plaintiff suffered any bodily injuries and/or conditions (which is expressly
denied), such injuries and conditions pre-existed the incident alleged in the Complaint.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
28. The Answering Defendants were faced with an emergency situation and thus the
Emergency Doctrine Applies.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
29. The Defendant reserves the right to add any additional affirmative defenses as they
become uncovered and necessary during the course of discovery.
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WHEREFORE, Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC.,
demands judgment dismissing the Complaint herein, or, in the alternative, that Answering
Defendants, herein have judgment over and against the co-defendants, FREDDY A. DURAN and
VICTOR M. ROSARIO, together with the costs and disbursements of this action, including
attorneys’ fees; and for such other and further relief as this court may deem just and proper.
Dated: Stamford, Connecticut
November 28, 2023
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
By: /s/ Matthew D. Valauri, Esq.
Matthew D. Valauri, Esq.
Attorneys for Defendants, ANSAR KHAN
RAJA and NLC LOGISTICS INC.
1010 Washington Boulevard, Suite 603
Stamford, Connecticut 06901
Tel: (203) 388-9100
Matthew.Valauri@wilsonelser.com
File No. 14147.00568
TO: Sabrina E. Taub, Esq.
THE SELVIN LAW FIRM PLLC
Attorneys for Plaintiff
3956 Merrick Road
Seaford, New York 11783
Tel. (516) 992-0805
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ATTORNEY VERIFICATION
MATTHEW D. VALAURI, ESQ., an attorney duly licensed to practice law in the Courts
of the State of New York, affirms and states as follows:
Affiant is the attorney for the Defendants, ANSAR KHAN RAJA and NLC LOGISTICS
INC., and as such is fully familiar with the facts of this matter. Affiant has read the foregoing
Verified Answer of Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC., and knows
the contents thereof to be true to my own knowledge, except as to the matters therein stated to be
alleged on information and belief, and as to those matters I believe them to be true.
This verification is made by the undersigned pursuant to CPLR § 3020(d)(3) as the
Defendants named herein are not located in the County in which affiant maintains his office. The grounds
of my belief as to all matters not stated upon my own knowledge are based upon conversations with the
Defendants and a review of Defendants books and records which are relevant to this proceeding.
Dated: Stamford, Connecticut
November 28, 2023
/s/ Matthew D. Valauri
Matthew D. Valauri, Esq.
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Preview
FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX _____________________________________________ FREDDY A. DURAN, Index No.: 817000/2023E Plaintiff, vs. VERIFIED ANSWER ANSAR KHAN RAJA and NLC LOGISTICS, INC., Defendants. _____________________________________________ Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC. (“Answering Defendants”), by and through their attorneys WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, as and for an Answer to the Plaintiff, FREDDY A. DURAN’s Complaint, dated October 26, 2023 (the “Complaint”), hereby sets forth as follows: 1. Answering Defendants deny knowledge or information thereof sufficient to form a belief as to the truth of the allegations set forth in paragraph “1” of the Complaint. 2. Answering Defendants admit the allegations set forth in paragraph “2” of the Complaint. 3. Answering Defendants deny the allegations set forth in the first listed paragraph “3” of the Complaint. 4. Answering Defendants admit the allegations set forth in the second listed paragraph “3” of the Complaint. 5. Answering Defendants deny the allegations set forth in paragraphs “4,” “5,” “6,” “7,” “8,” “9,” “10,” “11,” “12,” “13,” “14,” “15,” “16,” “17,” “18,” and “19” of the Complaint. 289088903v.1 1 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 6. Answering Defendants deny knowledge or information thereof sufficient to form a belief as to the truth of the allegations set forth in paragraphs “20,” “21,” “22,” and “23” of the Complaint. 7. Answering Defendants deny the allegations set forth in paragraphs “24,” “25,” “26,” “27,” “28,” “29,” “30,” “31,” “32,” “33,” “34,” and “35” of the Complaint. 8. Answering Defendants deny each and every other allegation of the Complaint which has not specifically been responded to heretofore herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. The relative culpability of each party who is or may be liable for the damages alleged by the Plaintiff in this action should be determined in accordance with the decisional and statutory law of the State of New York, and the equitable share of each party’s liability for contribution should be determined and apportioned in accordance with the relative culpability, if any, of each such party pursuant to Article 14 of the C.P.L.R. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. Any and all risks, hazards, defects and dangers alleged are of an open, obvious and apparent nature and were known or should have been known to the Plaintiff herein, and the Plaintiff willingly and voluntarily assumed all such risks, hazards, defects and dangers. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. Upon information and belief, Plaintiff’s economic loss, if any, as specified in Section 4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources, and this Answering Defendants are entitled to have this Court consider the same in determining such special damages as provided in Section 4545 of the CPLR. 289088903v.1 2 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 12. Whatever damages the Plaintiff may have sustained at the time and place mentioned in the Complaint were caused in whole or in part by the culpable conduct, contributory negligence and/or assumption of risk of the Plaintiff and that amount of damages recovered, if any, shall be diminished in that proportion which said culpable conduct, contributory negligence and/or assumption of risk bears to said damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 13. In the event that any person or entity liable or claimed to be liable for the injuries alleged in this action has been given or may hereafter give a release or covenant not to sue, Answering Defendant will be entitled to protection under General Obligations Law §15-108 and the corresponding reduction of any damages which may be determined to be due against the Answering Defendants. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 14. If and in the event these Answering Defendant is found to be liable to the Plaintiff, the Answering Defendant’s liability is limited by the provisions of Article 16 of the C.P.L.R. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 15. The alleged injuries sustained were caused by the culpable conduct of other Defendants or third-parties who may be unknown to these Answering Defendants. Accordingly any verdict or judgment in favor of the Plaintiff must be reduced by the percentage of culpable conduct that the trier-of-fact apportions to other defendants and/or third-parties. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 289088903v.1 3 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 16. The alleged injuries suffered by the Plaintiff were not proximately caused by the alleged accident(s) in question or by any actions of the Answering Defendants, and was the result of superseding and/or intervening causes over which the Answering Defendants had no control or right to exercise control. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 17. While these Answering Defendants deny the Plaintiff’s allegations of negligence, liability, statutory liability, strict liability, injury and damages, if proven, they were the result of intervening and/or interceding acts of superseding negligence, liability, statutory liability, strict liability on the part of parties which the Answering Defendants neither controlled nor have the right to control and for which acts or omission the Answering Defendants are not legally responsible. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 18. The Complaint fails to state a cause of action upon which relief can be granted. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 19. In accordance with Article 14 of the C.P.L.R., the Answering Defendants reserve the right to assert in mitigation of damages, the culpable conduct attributable to the Plaintiff, if any be shown. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 20. Upon information and belief, Plaintiff did not sustain a serious injury as defined pursuant to Insurance Law §5102 and §5108, and therefore he has no right to maintain this action and his exclusive remedy is confined to article 51 of the Insurance Law. 289088903v.1 4 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 21. The Plaintiff’s Complaint should be dismissed by reason of his failure to join one or more necessary parties to this action. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 22. The Court lacks jurisdiction over the person or property of the Answering Defendants in that service of process was not made in accordance with the provisions of New York State law or in accordance with the applicable sections of the Hague Convention on Service Abroad, and/or the Affidavit of Service filed in the action contains deficiencies entitling the Answering Defendants to dismissal of this action. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 23. Plaintiff’s action, in whole or in part, is barred by assumption of risk. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE 24. The Plaintiff’s Complaint is barred in whole or in part by the applicable statute of limitations or statute of repose. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE 25. Plaintiff through the use of reasonable care could have averted his injuries/damages. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE 26. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Complaint (which are expressly denied), in any or all of the following manners: 289088903v.1 5 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 a. Plaintiff failed to utilize available safety devices installed in her vehicle at the time of the collision, including but not limited to seatbelts and/or safety restraints; b. Plaintiff delayed seeking immediate medical treatment following the subject incident; and c. Plaintiff failed and/or refused to follow the recommendations of her treating physicians, and/or seek evaluation by or consultation with recommended or suggested medical specialists. AS AND FOR A NINTEENTH AFFIRMATIVE DEFENSE 27. If the Plaintiff suffered any bodily injuries and/or conditions (which is expressly denied), such injuries and conditions pre-existed the incident alleged in the Complaint. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE 28. The Answering Defendants were faced with an emergency situation and thus the Emergency Doctrine Applies. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE 29. The Defendant reserves the right to add any additional affirmative defenses as they become uncovered and necessary during the course of discovery. 289088903v.1 6 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 WHEREFORE, Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC., demands judgment dismissing the Complaint herein, or, in the alternative, that Answering Defendants, herein have judgment over and against the co-defendants, FREDDY A. DURAN and VICTOR M. ROSARIO, together with the costs and disbursements of this action, including attorneys’ fees; and for such other and further relief as this court may deem just and proper. Dated: Stamford, Connecticut November 28, 2023 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP By: /s/ Matthew D. Valauri, Esq. Matthew D. Valauri, Esq. Attorneys for Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC. 1010 Washington Boulevard, Suite 603 Stamford, Connecticut 06901 Tel: (203) 388-9100 Matthew.Valauri@wilsonelser.com File No. 14147.00568 TO: Sabrina E. Taub, Esq. THE SELVIN LAW FIRM PLLC Attorneys for Plaintiff 3956 Merrick Road Seaford, New York 11783 Tel. (516) 992-0805 289088903v.1 7 of 8 FILED: BRONX COUNTY CLERK 11/28/2023 04:21 PM INDEX NO. 817000/2023E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/28/2023 ATTORNEY VERIFICATION MATTHEW D. VALAURI, ESQ., an attorney duly licensed to practice law in the Courts of the State of New York, affirms and states as follows: Affiant is the attorney for the Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC., and as such is fully familiar with the facts of this matter. Affiant has read the foregoing Verified Answer of Defendants, ANSAR KHAN RAJA and NLC LOGISTICS INC., and knows the contents thereof to be true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. This verification is made by the undersigned pursuant to CPLR § 3020(d)(3) as the Defendants named herein are not located in the County in which affiant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are based upon conversations with the Defendants and a review of Defendants books and records which are relevant to this proceeding. Dated: Stamford, Connecticut November 28, 2023 /s/ Matthew D. Valauri Matthew D. Valauri, Esq. 289088903v.1 8 of 8