FILED: NEW YORK COUNTY CLERK 08/11/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/11/2016

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1 FILED: NEW YORK COUNTY CLERK 08/11/ :47 PM INDEX NO /2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/11/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK }{ MARIA SANTANA, -against- Plaintiff, DRK PROPER TIES 107 LLC, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, VERIFIED ANSWER Index No /2016 Defendants }{ Defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, by their attorneys, RIVKIN RADLER LLP, state upon information and belief for their answer to plaintiff's complaint: ANSWERING THE FIRST CAUSE OF ACTION FIRST: Defendants deny having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered "1 ", "2", "3", "34" and "35" of the plaintiff's complaint. SECOND: Defendants deny each and every allegation contained in paragraph numbered "4" of the plaintiff's complaint, except admit that THE ARCHDIOCESE OF NEW YORK, was and still is a religious, not-for-profit corporation duly organized and existing under the laws of the State ofnewyork. THIRD: Defendant admits to paragraphs numbered "5" and "8" of the plaintiff's complaint. FOURTH: Defendants deny each and every allegation contained in paragraphs numbered "6", "10", "11", "12", "13", "14", "15", "22", "23", "24", "26", "36", "37", "38", "39" and "40" of the plaintiff's complaint. 1 of 5

2 FIFTH: Defendants deny each and every allegation contained in paragraph numbered "7" of the plaintiffs complaint, except admit that CHURCH OF THE ASCENSION, was and still is a religious not-for-profit corporation duly organized and existing under and by virtue of the laws of the State ofnew York. SIXTH: Defendants deny having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs numbered "9", "16", "1 7", "18", "19", "20", "21 ", "25", "27", "28", "29", "30", "31 ", "32" and "33" of the plaintiffs complaint and refer all questions of law and fact to this Honorable Court and the triers of fact at the trial of this action. AS AND FOR A FIRST AFFIRMATIVE DEFENSE SEVENTH: If the plaintiff has been injured and damaged as alleged in plaintiffs complaint, upon information and belief, such injuries and damages were caused, in whole or in part, or were contributed to by reason of the carelessness, negligence or want of care on the part of the plaintiff and not by any carelessness, negligence or want of care, on the part of the defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, and if any carelessness, negligence or want of care other than that of the plaintiff caused or contributed to said alleged injuries and damages, it was the carelessness, negligence or want of care on the part of some other party or persons, firm or corporation, his, its or their agents, servants or employees over whom defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, had no control and for whose, carelessness, negligence or want of care defendants were not and are not responsible or liable. 2 2 of 5

3 AS AND FOR A SECOND AFFIRMATIVE DEFENSE EIGHTH: That whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were in whole or in part the result of the plaintiff's own culpable conduct. AS AND FOR A THIRD AFFIRMATIVE DEFENSE NINTH: That whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were the result of the plaintiff's assumption of risk, in realizing and knowing the hazards and dangers thereof, and that plaintiff assumed all the risks necessarily incidental to such an undertaking. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TENTH: Ifthe liability ofthese answering defendants is found to be fifty (50%) percent or less of the total liability assigned to all persons liable, the liability of such defendants to the plaintiff for non-economic loss shall not exceed the defendants' equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for noneconomic loss, pursuant to Article 16 ofthe C.P.L.R. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE ELEVENTH: Upon information and belief, any past or future costs and/or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) ofthe New York Civil Practice Law and Rules. 3 3 of 5

4 TWELFTH: If any damages are recoverable against the said answering defendants, the amount of such damages shall be diminished by the amount of the funds which plaintiff has or shall receive from such collateral source. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIRTEENTH: Plaintiff has failed to mitigate her damages. WHEREFORE, defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, demand judgment dismissing the plaintiff's complaint herein, together with the costs and disbursements of this action. DATED: Uniondale, New York August 8, 2016 Yours, etc., RIVKIN RADLER LLP Attorneys for Defendants CHURCH OF THE ASCENSION AND THE ARCHDIOCESE OF NEW YORK By: G~-- GEORGE K. DeHAVEN, ESQ. 926 RXR Plaza Uniondale, New York (516) File No.: TO: ABBY M. SONIN, ESQ. SONIN & GENIS Attorneys for Plaintiff One Fordham Plaza, Suite 907 Bronx, New York of 5

5 VERIFICATION GEORGE K. DeHAVEN, ESQ., an attorney admitted to practice in the Courts ofthe State of New York, affirms that the following statements are true under penalties of perjury: Deponent is the attorney of record for the answering defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, in the within action. Deponent has read the foregoing Answer, knows the contents thereof, and that the same is true to deponent's own knowledge, except as to those matters therein stated to be alleged upon information and belief, and that those matters deponent believes it to be true. This verification is made by deponent and not by the answering defendants, because answering defendants, CHURCH OF THE ASCENSION and THE ARCHDIOCESE OF NEW YORK, are not located in the county wherein your deponent maintains an office. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are as follows: Statements of said answering defendants, office records, and deponent's general investigation into the facts of this case. DATED: Uniondale, New York August 8, 2016 ~- GEORGE K. DeHAVEN, ESQ. 5 of 5