Preview
FILED: NEW YORK COUNTY CLERK 09/26/2014 11:48 AM INDEX NO. 650621/2014
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/26/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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Index No.: 650621/2014
MARIE-JOSE BERNARD,
VERIFIED ANSWER TO THIRD
Plaintiff, AMENDED COMPLAINT
vs.
NEW YORK FRENCH AMERICAN CHARTER
SCHOOL, CLAIRE ZAGLAUER and ELIZABETH
CROS,
Defendants.
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Defendants New York French American Charter School (the “School”) and Elizabeth
Cros (“Cros”) (collectively, “Defendants”) by their attorneys Gordon & Rees LLP, as and for
their Answer to the Third Amended Complaint, respectfully allege, upon information and belief,
as follows:
ANSWERING INTRODUCTION
1. The allegations contained in paragraph “1” of the complaint consists of legal
conclusions and do not require a response on the part of Defendants. To the extent that a
response is required, Defendants deny the allegations contained in paragraph “1” of the Third
Amended Complaint.
ANSWERING JURISDICTION
2. Defendants deny each and every allegation contained in paragraph “2” of the
Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for
jurisdiction, and respectfully refer all matters of law to the Court.
3. Defendants deny each and every allegation contained in paragraph “3” of the
Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for his
claims against the School and respectfully refer all matters of law to the Court.
4. Defendants deny each and every allegation contained in paragraph “4” of the
Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for this
Court’s jurisdiction, and respectfully refer all matters of law to the Court.
5. Defendants deny each and every allegation contained in paragraph “5” of the
Third Amended Complaint, except admits that plaintiff is attempting to assert a basis for
jurisdiction, and respectfully refer all matters of law to the Court.
6. Defendants deny each and every allegation contained in paragraph “6” of the
Third Amended Complaint, except admits that plaintiff is attempting to assert a basis for venue,
and respectfully refer all matters of law to the Court.
7. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “7” of the Third Amended Complaint.
ANSWERING PARTIES
8. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “8” of the Third Amended Complaint.
9. Defendants admit each and every allegation contained in paragraph “9” of the
Third Amended Complaint and respectfully refer all matters of law to the Court.
10. Defendants deny each and every allegation contained in paragraph “10” of the
Third Amended Complaint and respectfully refer all matters of law to the Court.
11. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “11” of the Third Amended Complaint.
12. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “12” of the Third Amended Complaint.
ANSWERING FACTUAL BACKGROUND
13. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “13” of the Third Amended Complaint.
14. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “14” of the Third Amended Complaint.
15. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “15” of the Third Amended Complaint.
16. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “16” of the Third Amended Complaint.
17. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “17” of the Third Amended Complaint.
18. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “18” of the Third Amended Complaint.
19. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “19” of the Third Amended Complaint.
20. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “20” of the Third Amended Complaint.
21. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “21” of the Third Amended Complaint.
22. Defendants admit the allegations contained in paragraph “22” of the Third
Amended Complaint.
23. Defendants deny knowledge or information sufficent to form a belief as to each
and every allegation contained in paragraph “23” of the Third Amended Complaint.
24. Defendants deny the allegation contained in paragraph “24” of the Third
Amended Complaint.
25. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “25” of the Third Amended Complaint.
26. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “26” of the Third Amended Complaint.
27. Defendants deny the allegations contained in paragraph “27” of the Third
Amended Complaint.
28. Defendants deny the allegations contained in paragraph “28” of the Third
Amended Complaint.
29. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “29” of the Third Amended Complaint.
30. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “30” of the Third Amended Complaint.
31. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “31” of the Third Amended Complaint.
32. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “32” of the Third Amended Complaint.
33. Defendants deny the allegations contained in paragraph “33” of the Third
Amended Complaint.
34. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “34” of the Third Amended Complaint.
35. Defendants deny the allegations contained in paragraph “35” of the Third
Amended Complaint.
36. Defendants deny the allegations contained in paragraph “36” of the Third
Amended Complaint.
37. Defendants deny the allegations contained in paragraph “37” of the Third
Amended Complaint.
38. Defendants deny the knowledge or information sufficient to form a belief a to
each and every allegation contained in paragraph “38” of the Third Amended Complaint.
39. Defendants deny the allegations contained in paragraph “39” of the Third
Amended Complaint.
40. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “40” of the Third Amended Complaint.
41. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “41” of the Third Amended Complaint.
42. Defendants admit the allegations contained in paragraph “42” of the Third
Amended Complaint.
43. Defendants admit the allegations contained in paragraph “43” of the Third
Amended Complaint.
44. Defendants deny the allegations contained in paragraph “44” of the Third
Amended Complaint.
45. Defendants deny the allegations contained in paragraph “45” of the Third
Amended Complaint.
46. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “46” of the Third Amended Complaint.
47. Defendants deny the allegations contained in paragraph “47” of the Third
Amended Complaint.
48. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “48” of the Third Amended Complaint.
49. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “49” of the Third Amended Complaint.
50. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “50” of the Third Amended Complaint.
51. Defendants admit the allegations contained in paragraph “51” of the Third
Amended Complaint.
52. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “52” of the Third Amended Complaint.
53. Defendants deny the allegations contained in paragraph “53” of the Third
Amended Complaint.
54. Defendants deny knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph “54” of the Third Amended Complaint, except admit
that Edith Boncompain was appointed prinicpal for the 2012/2013 school year.
55. Defendants deny the allegations contained in paragraph “55” of the Third
Amended Complaint.
56. Defendants deny the allegations contained in paragraph “56” of the Third
Amended Complaint.
57. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “57” of the Third Amended Complaint.
58. Defendants deny the allegations contained in paragraph “58” of the Third
Amended Complaint.
59. Defendants deny the allegations contained in paragraph “59” of the Third
Amended Complaint.
60. Defendants admit the allegations contained in paragraph “60” of the Third
Amended Complaint.
61. Defendants deny the allegations contained in paragraph “61” of the Third
Amended Complaint.
62. Defendants deny the allegations contained in paragraph “62” of the Third
Amended Complaint.
63. Defendants deny the allegations contained in paragraph “63” of the Third
Amended Complaint.
64. Defendants deny the allegations contained in paragraph “64” of the Third
Amended Complaint.
65. Defendants deny the allegations contained in paragraph “65” of the Third
Amended Complaint.
66. Defendants deny the knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraph “66” of the Third Amended Complaint.
67. Defendants deny the allegations contained in paragraph “67” of the Third
Amended Complaint.
ANSWERING FIRST CAUSE OF ACTION
(Discrimination Based on Race and National Origin)
68. Defendants repeat, reiterate, and restate all answers previously provided in
paragraph “1”through “67” as is fully set forth herein.
69. Defendants deny the allegations contained in paragraph “69” of the Third
Amended Complaint.
70. Defendants deny the allegations contained in paragraph “70” of the Third
Amended Complaint.
71. Defendants deny the allegations contained in paragraph “71” of the Third
Amended Complaint.
72. Defendants deny the allegations contained in paragraph “72” of the Third
Amended Complaint.
73. Defendants deny the allegations contained in paragraph “73” of the Third
Amended Complaint.
74. Defendants deny the allegations contained in paragraph “74” of the Third
Amended Complaint.
ANSWERING SECOND CAUSE OF ACTION
(Discrimination Based on Disability or Perceived Disability)
75. Defendants repeat, reiterate, and restate all answers previously provided in
paragraph “1”through “74” as is fully set forth herein.
76. Defendants deny the allegations contained in paragraph “76” of the Third
Amended Complaint.
77. Defendants deny the allegations contained in paragraph “77” of the Third
Amended Complaint.
78. Defendants deny the allegations contained in paragraph “78” of the Third
Amended Complaint.
79. Defendants deny the allegations contained in paragraph “79” of the Third
Amended Complaint.
80. Defendants deny the allegations contained in paragraph “80” of the Third
Amended Complaint.
ANSWERING THIRD CAUSE OF ACTION1
78. Defendants repeat, reiterate, and restate all answers previously provided in
paragraph “1”through “80” as is fully set forth herein.
79. Defendants deny the allegations contained in paragraph “79” of the Third
Amended Complaint.
80. Defendants deny the allegations contained in paragraph “80” of the Third
Amended Complaint.
81. Defendants deny the allegations contained in paragraph “81” of the Third
Amended Complaint.
82. Defendants deny the allegations contained in paragraph “81” of the Third
Amended Complaint.
81. Defendants deny the allegations contained in paragraph “82” of the Third
Amended Complaint.
82. Defendants deny the allegations contained in paragraph “82” of the Third
Amended Complaint.
1
While the heading for plaintiff’s third cause of action states that it is for “breach of an express
contract,” plaintiff actually is alleging a retaliation claim under the NYC Human Rights Law; therefore,
defendants’ responsive pleadings are in connection with the alleged retaliation claim.
Defendants deny that plaintiff is entitled to the relief set forth in the “Wherefore” clause of the
Third Amended Complaint.
ANSWERING JURY DEMAND
Defendants admit that plaintiff has asserted a demand for a jury.
STATEMENT OF AFFIRMATIVE DEFENSES AND OTHER DEFENSES
Defendants assert the following affirmative and other defenses without assuming any
burden of production or proof that Defendants would not otherwise have.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a claim upon which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
This Court lacks subject matter jurisdiction with respect to some or all of the Plaintiff’s
alleged claims to the extent Plaintiff has failed to fully perform the requisite statutory conditions
precedent to a private cause of action.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Plaintiffs failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the
injuries and damages alleged in their complaint.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Any damages allegedly incurred by Plaintiff were a result of her own actions or
omissions, and were not caused, in whole or in part, by the alleged actions or omissions of the
Defendants.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Defendants have conducted their practices in good faith and in accordance with all
applicable statutes and regulations with regard to Plaintiff. Defendants have not acted in bad
faith or willfully or otherwise violated Plaintiff’s rights in any manner or acted maliciously with
respect to any aspect of the events underlying the Third Amended Complaint.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
Plaintiff had full knowledge that Defendants maintained, enforced, and widely
disseminated strong policies against discrimination, harassment, or retaliation of any kind
Plaintiff unreasonably failed to avail herself of the preventative or remedial measures or the
procedures for reporting discrimination, retaliation and harassment under the Defendants’
policies.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiff’s alleged injuries are due, in whole or in part, to her own actions.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
Upon information and belief, Plaintiff’s economic loss, if any, as specified in §4545 of
the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources,
and the answering defendant is entitled to have the Court consider same in determining such
special damages as provided in §4545 of the CPLR.
AS AND FOR AN NINTH AFFIRMATIVE DEFENSE
Some or all of the actions forming the basis of Plaintiff’s alleged claims were committed
by individuals outside the scope of their employment and cannot be imputed to Defendants as a
matter of law.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Plaintiff’s claim is barred in whole or in part by the Workers’ Compensation Laws.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
The alleged damages complained of were due to unavoidable circumstances and causes
beyond the control or fault of Defendants.
AS AN FOR A TWELFTH AFFIRMATIVE DEFENSE
Plaintiff may be barred or limited from recovering damages based upon the doctrine of
after-acquired evidence.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiff’s claims are barred because she failed to properly exhaust certain
administrative remedies.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
Defendants had legitimate, non-discriminatory and non-retaliatory business reasons for
any alleged employment action taken against Plaintiff.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
Defendant New York French American Charter School is not an “employer” within the
meaning of the New York City Human Rights Law.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
Plaintiff is not entitled to punitive damages because: 1) she cannot demonstrate the
necessary conduct or mental state to warrant punitive damages and 2) assuming, arguendo, the
alleged conduct occurred, Defendants acted, at all relevant times, in good faith and consistent
with established business policies and practices against unlawful discrimination.
AS AN FOR A SEVENTENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiff’s claims are barred by the doctrines of waiver and release.
AS AND FOR A EIGHTTEENTH AFFIRMATIVE DEFENSE
At all relevant times, Defendants conducted themselves in full compliance with all
To: J. Patrick DeLince, Esq.
Attorney for Plaintiff
30 Broad Street, 14th Floor
New York, New York 10004
(212) 382-3544
Preview
FILED: NEW YORK COUNTY CLERK 09/26/2014 11:48 AM INDEX NO. 650621/2014 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/26/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------- X Index No.: 650621/2014 MARIE-JOSE BERNARD, VERIFIED ANSWER TO THIRD Plaintiff, AMENDED COMPLAINT vs. NEW YORK FRENCH AMERICAN CHARTER SCHOOL, CLAIRE ZAGLAUER and ELIZABETH CROS, Defendants. ---------------------------------------------------------------- X Defendants New York French American Charter School (the “School”) and Elizabeth Cros (“Cros”) (collectively, “Defendants”) by their attorneys Gordon & Rees LLP, as and for their Answer to the Third Amended Complaint, respectfully allege, upon information and belief, as follows: ANSWERING INTRODUCTION 1. The allegations contained in paragraph “1” of the complaint consists of legal conclusions and do not require a response on the part of Defendants. To the extent that a response is required, Defendants deny the allegations contained in paragraph “1” of the Third Amended Complaint. ANSWERING JURISDICTION 2. Defendants deny each and every allegation contained in paragraph “2” of the Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for jurisdiction, and respectfully refer all matters of law to the Court. 3. Defendants deny each and every allegation contained in paragraph “3” of the Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for his claims against the School and respectfully refer all matters of law to the Court. 4. Defendants deny each and every allegation contained in paragraph “4” of the Third Amended Complaint, except admit that plaintiff is attempting to assert a basis for this Court’s jurisdiction, and respectfully refer all matters of law to the Court. 5. Defendants deny each and every allegation contained in paragraph “5” of the Third Amended Complaint, except admits that plaintiff is attempting to assert a basis for jurisdiction, and respectfully refer all matters of law to the Court. 6. Defendants deny each and every allegation contained in paragraph “6” of the Third Amended Complaint, except admits that plaintiff is attempting to assert a basis for venue, and respectfully refer all matters of law to the Court. 7. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “7” of the Third Amended Complaint. ANSWERING PARTIES 8. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “8” of the Third Amended Complaint. 9. Defendants admit each and every allegation contained in paragraph “9” of the Third Amended Complaint and respectfully refer all matters of law to the Court. 10. Defendants deny each and every allegation contained in paragraph “10” of the Third Amended Complaint and respectfully refer all matters of law to the Court. 11. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “11” of the Third Amended Complaint. 12. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “12” of the Third Amended Complaint. ANSWERING FACTUAL BACKGROUND 13. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “13” of the Third Amended Complaint. 14. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “14” of the Third Amended Complaint. 15. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “15” of the Third Amended Complaint. 16. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “16” of the Third Amended Complaint. 17. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “17” of the Third Amended Complaint. 18. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “18” of the Third Amended Complaint. 19. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “19” of the Third Amended Complaint. 20. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “20” of the Third Amended Complaint. 21. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “21” of the Third Amended Complaint. 22. Defendants admit the allegations contained in paragraph “22” of the Third Amended Complaint. 23. Defendants deny knowledge or information sufficent to form a belief as to each and every allegation contained in paragraph “23” of the Third Amended Complaint. 24. Defendants deny the allegation contained in paragraph “24” of the Third Amended Complaint. 25. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “25” of the Third Amended Complaint. 26. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “26” of the Third Amended Complaint. 27. Defendants deny the allegations contained in paragraph “27” of the Third Amended Complaint. 28. Defendants deny the allegations contained in paragraph “28” of the Third Amended Complaint. 29. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “29” of the Third Amended Complaint. 30. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “30” of the Third Amended Complaint. 31. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “31” of the Third Amended Complaint. 32. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “32” of the Third Amended Complaint. 33. Defendants deny the allegations contained in paragraph “33” of the Third Amended Complaint. 34. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “34” of the Third Amended Complaint. 35. Defendants deny the allegations contained in paragraph “35” of the Third Amended Complaint. 36. Defendants deny the allegations contained in paragraph “36” of the Third Amended Complaint. 37. Defendants deny the allegations contained in paragraph “37” of the Third Amended Complaint. 38. Defendants deny the knowledge or information sufficient to form a belief a to each and every allegation contained in paragraph “38” of the Third Amended Complaint. 39. Defendants deny the allegations contained in paragraph “39” of the Third Amended Complaint. 40. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “40” of the Third Amended Complaint. 41. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “41” of the Third Amended Complaint. 42. Defendants admit the allegations contained in paragraph “42” of the Third Amended Complaint. 43. Defendants admit the allegations contained in paragraph “43” of the Third Amended Complaint. 44. Defendants deny the allegations contained in paragraph “44” of the Third Amended Complaint. 45. Defendants deny the allegations contained in paragraph “45” of the Third Amended Complaint. 46. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “46” of the Third Amended Complaint. 47. Defendants deny the allegations contained in paragraph “47” of the Third Amended Complaint. 48. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “48” of the Third Amended Complaint. 49. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “49” of the Third Amended Complaint. 50. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “50” of the Third Amended Complaint. 51. Defendants admit the allegations contained in paragraph “51” of the Third Amended Complaint. 52. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “52” of the Third Amended Complaint. 53. Defendants deny the allegations contained in paragraph “53” of the Third Amended Complaint. 54. Defendants deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “54” of the Third Amended Complaint, except admit that Edith Boncompain was appointed prinicpal for the 2012/2013 school year. 55. Defendants deny the allegations contained in paragraph “55” of the Third Amended Complaint. 56. Defendants deny the allegations contained in paragraph “56” of the Third Amended Complaint. 57. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “57” of the Third Amended Complaint. 58. Defendants deny the allegations contained in paragraph “58” of the Third Amended Complaint. 59. Defendants deny the allegations contained in paragraph “59” of the Third Amended Complaint. 60. Defendants admit the allegations contained in paragraph “60” of the Third Amended Complaint. 61. Defendants deny the allegations contained in paragraph “61” of the Third Amended Complaint. 62. Defendants deny the allegations contained in paragraph “62” of the Third Amended Complaint. 63. Defendants deny the allegations contained in paragraph “63” of the Third Amended Complaint. 64. Defendants deny the allegations contained in paragraph “64” of the Third Amended Complaint. 65. Defendants deny the allegations contained in paragraph “65” of the Third Amended Complaint. 66. Defendants deny the knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph “66” of the Third Amended Complaint. 67. Defendants deny the allegations contained in paragraph “67” of the Third Amended Complaint. ANSWERING FIRST CAUSE OF ACTION (Discrimination Based on Race and National Origin) 68. Defendants repeat, reiterate, and restate all answers previously provided in paragraph “1”through “67” as is fully set forth herein. 69. Defendants deny the allegations contained in paragraph “69” of the Third Amended Complaint. 70. Defendants deny the allegations contained in paragraph “70” of the Third Amended Complaint. 71. Defendants deny the allegations contained in paragraph “71” of the Third Amended Complaint. 72. Defendants deny the allegations contained in paragraph “72” of the Third Amended Complaint. 73. Defendants deny the allegations contained in paragraph “73” of the Third Amended Complaint. 74. Defendants deny the allegations contained in paragraph “74” of the Third Amended Complaint. ANSWERING SECOND CAUSE OF ACTION (Discrimination Based on Disability or Perceived Disability) 75. Defendants repeat, reiterate, and restate all answers previously provided in paragraph “1”through “74” as is fully set forth herein. 76. Defendants deny the allegations contained in paragraph “76” of the Third Amended Complaint. 77. Defendants deny the allegations contained in paragraph “77” of the Third Amended Complaint. 78. Defendants deny the allegations contained in paragraph “78” of the Third Amended Complaint. 79. Defendants deny the allegations contained in paragraph “79” of the Third Amended Complaint. 80. Defendants deny the allegations contained in paragraph “80” of the Third Amended Complaint. ANSWERING THIRD CAUSE OF ACTION1 78. Defendants repeat, reiterate, and restate all answers previously provided in paragraph “1”through “80” as is fully set forth herein. 79. Defendants deny the allegations contained in paragraph “79” of the Third Amended Complaint. 80. Defendants deny the allegations contained in paragraph “80” of the Third Amended Complaint. 81. Defendants deny the allegations contained in paragraph “81” of the Third Amended Complaint. 82. Defendants deny the allegations contained in paragraph “81” of the Third Amended Complaint. 81. Defendants deny the allegations contained in paragraph “82” of the Third Amended Complaint. 82. Defendants deny the allegations contained in paragraph “82” of the Third Amended Complaint. 1 While the heading for plaintiff’s third cause of action states that it is for “breach of an express contract,” plaintiff actually is alleging a retaliation claim under the NYC Human Rights Law; therefore, defendants’ responsive pleadings are in connection with the alleged retaliation claim. Defendants deny that plaintiff is entitled to the relief set forth in the “Wherefore” clause of the Third Amended Complaint. ANSWERING JURY DEMAND Defendants admit that plaintiff has asserted a demand for a jury. STATEMENT OF AFFIRMATIVE DEFENSES AND OTHER DEFENSES Defendants assert the following affirmative and other defenses without assuming any burden of production or proof that Defendants would not otherwise have. AS AND FOR A FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a claim upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE This Court lacks subject matter jurisdiction with respect to some or all of the Plaintiff’s alleged claims to the extent Plaintiff has failed to fully perform the requisite statutory conditions precedent to a private cause of action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE Plaintiffs failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries and damages alleged in their complaint. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Any damages allegedly incurred by Plaintiff were a result of her own actions or omissions, and were not caused, in whole or in part, by the alleged actions or omissions of the Defendants. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Defendants have conducted their practices in good faith and in accordance with all applicable statutes and regulations with regard to Plaintiff. Defendants have not acted in bad faith or willfully or otherwise violated Plaintiff’s rights in any manner or acted maliciously with respect to any aspect of the events underlying the Third Amended Complaint. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE Plaintiff had full knowledge that Defendants maintained, enforced, and widely disseminated strong policies against discrimination, harassment, or retaliation of any kind Plaintiff unreasonably failed to avail herself of the preventative or remedial measures or the procedures for reporting discrimination, retaliation and harassment under the Defendants’ policies. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Some or all of Plaintiff’s alleged injuries are due, in whole or in part, to her own actions. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE Upon information and belief, Plaintiff’s economic loss, if any, as specified in §4545 of the CPLR, was or will be replaced or indemnified, in whole or in part, from collateral sources, and the answering defendant is entitled to have the Court consider same in determining such special damages as provided in §4545 of the CPLR. AS AND FOR AN NINTH AFFIRMATIVE DEFENSE Some or all of the actions forming the basis of Plaintiff’s alleged claims were committed by individuals outside the scope of their employment and cannot be imputed to Defendants as a matter of law. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Plaintiff’s claim is barred in whole or in part by the Workers’ Compensation Laws. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE The alleged damages complained of were due to unavoidable circumstances and causes beyond the control or fault of Defendants. AS AN FOR A TWELFTH AFFIRMATIVE DEFENSE Plaintiff may be barred or limited from recovering damages based upon the doctrine of after-acquired evidence. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE Some or all of Plaintiff’s claims are barred because she failed to properly exhaust certain administrative remedies. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Defendants had legitimate, non-discriminatory and non-retaliatory business reasons for any alleged employment action taken against Plaintiff. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE Defendant New York French American Charter School is not an “employer” within the meaning of the New York City Human Rights Law. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE Plaintiff is not entitled to punitive damages because: 1) she cannot demonstrate the necessary conduct or mental state to warrant punitive damages and 2) assuming, arguendo, the alleged conduct occurred, Defendants acted, at all relevant times, in good faith and consistent with established business policies and practices against unlawful discrimination. AS AN FOR A SEVENTENTH AFFIRMATIVE DEFENSE Some or all of Plaintiff’s claims are barred by the doctrines of waiver and release. AS AND FOR A EIGHTTEENTH AFFIRMATIVE DEFENSE At all relevant times, Defendants conducted themselves in full compliance with all To: J. Patrick DeLince, Esq. Attorney for Plaintiff 30 Broad Street, 14th Floor New York, New York 10004 (212) 382-3544