FILED: QUEENS COUNTY CLERK 10/02/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/02/2016

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1 FILED: QUEENS COUNTY CLERK 10/02/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X STACY CHESSEN and ERIC CHESSEN, -against- Plaintiffs, Index No.:708148/2016 VERIFIED ANSWER ABM, formerly known as Ampco System Parking Services, d/b/a ABM Parking Services, SWISSPORT USA, INC., formerly doing business as Servisair LLC and ALLIEDBARTON SECURITY SERVICES, Defendants X Defendant, ALLIEDBARTON SECURITY SERVICES LLC, by its attorneys, SHAFER GLAZER, LLP, upon information and belief, answers the plaintiff s complaint dated June 6, 2016 as follows: 1. Admits the allegations contained in the paragraphs of the complaint hereinafter designated as: 8 and Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint herein designated as: 1 through and including 7, 11 through and including 16, 18 through and including 26, 29 through and including 31, 33 and Denies each and every allegation contained in the paragraphs of the complaint herein designated as: 9, 27, 28, 32, 34, 36 through and including 41, 45 through and including Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the complaint herein designated as 44 and refers all questions of law to the court. 1 of 10

2 5. Denies each and every allegation contained in the paragraph of the complaint herein designated as 17 and 35 except admits that on October 22, 2013 defendant ALLIEDBARTON SECURITY SERVICES LLC, performed security services pursuant to a contract, begs leave to refer to said contract and refers all questions of law to the court. 6. Repeats, reiterates and re-alleges each and every answer set forth herein in response to paragraphs 42 of the Complaint. PLEASE TAKE FURTHER NOTICE that this answering defendant specifically denies each and every allegation not otherwise answered herein above. PLEASE TAKE FURTHER NOTICE that the following affirmative defenses are set forth as follows: AS AND FOR A FIRST AFFIRMATIVE DEFENSE: That the amount recoverable shall be diminished in the proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct which caused the damages, including, but not limited to, plaintiff s contributory negligence and/or assumption of the risk. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: This answering defendant owed no duty to the plaintiff(s) herein. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: The liability of this answering defendant is limited under the terms of Article Sixteen of the C.P.L.R. AND FOR A FOURTH AFFIRMATIVE DEFENSE: That any verdict in the within action, for past, present and future medical care, dental care, custodial care of rehabilitation services, loss of earnings or other economic loss should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or 2 of 10

3 indemnified in whole or in part of or from any collateral source, in accordance with the provisions and limitations of Section 4545(c) of the CPLR. WHEREFORE, Defendant demands judgment dismissing the complaint of plaintiffs against it, together with the costs and disbursements of this action. Dated: New York, NY October 2, 2016 Yours, etc., TO: VIA EFILE SHAFER GLAZER, LLP Attorneys for Defendant ALLIEDBARTON SECURITY SERVICES LLC 125 Maiden Lane, 16 th Floor New York, NY (212) Our File: SPG HIRSCH, BRITT & MOSE Attorneys for Plaintiff STACY AND ERIC CHESSEN 865 Merrick Avenue Westbury, New York (516) File No JEFFREY SAMEL & PARTNERS Attorneys for Co-Defendant ABM PARKING SERVICES, INC. 150 Broadway, Suite 1600 New York, NY (212) File No MCGAW, ALVENTOSA & ZAJAC Attorneys for Co-Defendant SWISSPORT USA, INC. FORMERLY D/B/A SERVISAIR LLC Two Jericho Plaza, suite 202 Jericho, NY (516) File No. NYJE-17888/KRE 3 of 10

4 VERIFICATION HOWARD S. SHAFER, an attorney duly admitted to practice law in the State of New York, hereby affirms the truth of the following under penalty of perjury and pursuant to CPLR 2106: I am a Partner of SHAFER GLAZER, LLP, and I have read the contents of the foregoing answer to the complaint and it is are true of my own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe them to be true. I make this verification because Defendant, ALLIEDBARTON SECURITY SERVICES LLC, resides outside of the county where Shafer Glazer, LLP maintains its office. Dated: New York, New York October 2, 2016 HOWARD S. SHAFER 4 of 10

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X STACY CHESSEN and ERIC CHESSEN, -against- Plaintiffs, CROSS-CLAIM Index No /2016 IAS Part ABM, formerly known as Ampco System Parking Services, d/b/a ABM Parking Services, SWISSPORT USA, INC., formerly doing business as Servisair LLC and ALLIEDBARTON SECURITY SERVICES, Defendants X Defendant AlliedBarton Security Services LLC, by Shafer Glazer, LLP, as and for a cross-claim against defendant(s) ABM Parking Services, Inc. Swissport USA, Inc. formerly d/b/a Servisair LLC, alleges upon information and belief as follows: 1. On the authority of Dole v. Dow Chemical, 30 N.Y.2d 143; Rogers v. Dorchester, 32 N.Y.2d 553; and Kelly v. Diesel Construction, 35 N.Y.2d 1; if plaintiff sustained the injuries and damages in the manner and at the time and place alleged and if it is found that this crossclaiming defendant is liable to the plaintiff herein, then, upon said allegations of the complaint and upon the pleadings and evidence, said damages were sustained by reason of the sole, active, and primary carelessness and/or recklessness and/or negligence and/or affirmative acts of omission or commission and/or breach of contract and/or breach of warranty and/or strict liability by the co-defendant and this cross-claiming defendant is entitled to complete indemnification from any judgment over against the co-defendant herein for all or part of any verdict or judgment that plaintiff may recover against said cross-claiming defendant and/or, in the event that judgment over is not recovered on the basis of full indemnification, then this crossclaiming defendant demands judgment over and against the co-defendant herein on the basis of 5 of 10

6 an apportionment of responsibility for the alleged occurrence for all or part of any judgment or verdict that plaintiff may recover against said cross-claiming defendant and that all of the provisions of limitation of liability under the Terms of Article Sixteen of the C.P.L.R. are pleaded herein by this cross-claiming defendant, together with costs, disbursements and reasonable attorneys' fees. PLEASE TAKE NOTICE, that this Defendant hereby demands pursuant to CPLR 3011 that the Co-Defendant, ABM Parking Services, Inc. Co-Defendant, Swissport USA, Inc. formerly d/b/a Servisair LLC, serve an answer to these cross-claims. WHEREFORE, Defendant AlliedBarton Security Services LLC demands judgment dismissing the complaint of plaintiff against it, together with the costs and disbursements incurred in the defense of this action, and further demands that, in the event this Defendant is found liable to plaintiff herein, said defendant, on the basis of apportionment of responsibility, have judgment over against the aforementioned co-defendant(s) for all or part of the verdict or judgment that plaintiff may recover against this cross-claiming Defendant, together with the costs and disbursements of this action incurred by it in the prosecution thereof, including attorneys' fees. Dated: New York, NY October 2, 2016 Yours etc., SHAFER GLAZER, LLP Attorneys for Defendant ALLIEDBARTON SECURITY SERVICES LLC 125 Maiden Lane, 16 th Floor New York, NY (212) File No.: SPG of 10

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X STACY CHESSEN and ERIC CHESSEN, -against- Plaintiffs, ABM, formerly known as Ampco System Parking Services, d/b/a ABM Parking Services, SWISSPORT USA, INC., formerly doing business as Servisair LLC and ALLIEDBARTON SECURITY SERVICES, Index No /2016 NOTICE FOR EXAMINATION BEFORE TRIAL IAS Part Defendants X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony of, upon oral examination of Plaintiff, ABM, formerly known as Ampco System Parking Services, d/b/a ABM Parking Services, and SWISSPORT USA, INC., formerly doing business as Servisair LLC, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, to be held at the offices of the undersigned, on the 2d day of January, 2017 at 10:00 o'clock in the forenoon of that day, with respect to the above captioned action. That said persons to be examined are required to produce at such examination all papers, documents, records, reports, written statements, correspondence, photographs, diagrams, etc. relating to the within action. Dated: New York, New York October 2, of 10

8 Yours, etc., SHAFER GLAZER, LLP Attorneys for Defendant ALLIEDBARTON SECURITY SERVICES LLC 125 Maiden Lane, 16 th Floor New York, NY (212) File No.: SPG TO: HIRSCH, BRITT & MOSE Attorneys for Plaintiff STACY AND ERIC CHESSEN 865 Merrick Avenue Westbury, New York (516) File No JEFFREY SAMEL & PARTNERS Attorneys for Co-Defendant ABM PARKING SERVICES, INC. 150 Broadway, Suite 1600 New York, NY (212) File No MCGAW, ALVENTOSA & ZAJAC Attorneys for Co-Defendant SWISSPORT USA, INC. FORMERLY D/B/A SERVISAIR LLC Two Jericho Plaza, suite 202 Jericho, NY (516) File No. NYJE-17888/KRE 8 of 10

9 AFFIRMATION OF SERVICE BY MAIL HOWARD S. SHAFER, an attorney licensed to practice law in New York, hereby affirms and says that he is employed by Shafer Glazer, LLP, the attorneys for AlliedBarton Security Services LLC, is over the age of eighteen, and is not a party to this action. On October 2, 2016, affirmant served the within Verified Answer, Cross Claims and Deposition Demand upon: Frederick P. Mose Hirsch, Britt & Mose 865 Merrick Avenue Westbury, New York Jeffrey Samel & Partners 150 Broadway, Suite 1600 New York, NY McGaw, Alventosa & Zajac Two Jericho Plaza, suite 202 Jericho, NY Via E-File. HOWARD S. SHAFER HSS/csg doc 9 of 10

10 INDEX NO /2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X STACY CHESSEN and ERIC CHESSEN, -against- Plaintiffs, ABM, formerly known as Ampco System Parking Services, d/b/a ABM Parking Services, SWISSPORT USA, INC., formerly doing business as Servisair LLC and ALLIEDBARTON SECURITY SERVICES, Defendants X VERIFIED ANSWER TO COMPLAINT, CROSS CLAIMS AND DEPOSITION DEMAND SHAFER GLAZER, LLP Attorneys for Defendant AlliedBarton Security Services LLC 125 Maiden Lane, 16 th Floor New York, NY (212) File No. SPG CERTIFICATION PURSUANT TO 22 N.Y.C.R.R.' a HOWARD S. SHAFER hereby certifies that, pursuant to 22 N.Y.C.R.R.' a, the foregoing Verified Answer To Complaint, Cross-Claims and Deposition Demand are neither frivolous nor frivolously presented. Dated: New York, New York October 2, 2016 HOWARD S. SHAFER 10 of 10