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1 FILED: WESTCHESTER COUNTY CLERK 07/15/ :35 PM INDEX NO /2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 07/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER )( JRL, an infant by his mother and natural guardian, SAMANTHA LOSADO, Index No.: 57971/2016 -against- Plaintiff, ANSWER ABBOTT HOUSE, JL, and ROZL YN PASAO, Defendants )( Defendant, ABBOTT HOUSE, by and through their attorneys, RUTHERFORD & CHRISTIE, LLP, as and for their Answer to the Complaint of the plaintiff herein, respectfully set forth as follows, upon information and belief: PARTIES AND BACKGROUND FIRST: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated" 1," "2," "3," "4," "6," "7," "8," "9," "10," "12," "13," "14," "15," "16," "17," "18," "23," "24," "25," "27," "28," "30," "32," "33," "36," "3 7," "3 8" and "39" of the plaintiff's Complaint. SECOND: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated as "5" and "11," of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. THIRD: Denies each and every allegation contained in the paragraphs designated as "19," "20," "21," "22," "26," "29," "31," "34" and "35" of the plaintiff's Complaint. 1 of 8

2 AS AND FOR THE FIRST CAUSE OF ACTION FOURTH: In response to the paragraph designated as "40" defendant repeats, reiterates and realleges each and every response to the plaintiffs Complaint contained in paragraphs "l" through "39" above with the same force and effect as if set forth herein at length. FIFTH: Denies each and every allegation contained in the paragraphs designated as "41," "44," "50," "51," "52," "53," "54," "55" and "56" of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. SIXTH: Denies each and every allegation contained in the paragraphs designated as "42," "43," "45," "46," "47," "48" and "49" of the plaintiffs Complaint. SEVENTH: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated as "57'' of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. AS AND FOR THE SECOND CAUSE OF ACTION EIGHTH: In response to the paragraph designated as "58" defendant repeats, reiterates and realleges each and every response to the plaintiffs Complaint contained in paragraphs "l" through "57'' above with the same force and effect as if set forth herein at length. NINTH: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated as "59," "69," "70," "71," "72" and "73" of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. TENTH: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated as "60," "61," "62," "63," "64," "65," "66," "67" and "68" of the plaintiffs Complaint. 2 of 8

3 AS AND FOR THE THIRD CAUSE OF ACTION ELEVENTH: In response to the paragraph designated as "74" defendant repeats, reiterates and realleges each and every response to the plaintiffs Complaint contained in paragraphs "1" through "73" above with the same force and effect as if set forth herein at length. TWELFTH: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated as "75" and "79" of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. THIRTEENTH: Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraph designated as "76" of the plaintiffs Complaint. FOURTEENTH: Denies each and every allegation contained in the paragraphs designated as "77" and "78" of the plaintiffs Complaint. AS AND FOR THE FOURTH CAUSE OF ACTION FIFTEENTH: In response to the paragraph designated as "80" defendant repeats, reiterates and realleges each and every response to the plaintiffs Complaint contained in paragraphs "1" through "79" above with the same force and effect as if set forth herein at length. SIXTEENTH: Denies each and every allegation contained in the paragraphs designated as "81," "82," "83," "84" and "85" of the plaintiffs Complaint and leaves all questions of law to this Honorable Court. DAMAGES SEVENTEENTH: In response to the paragraph designated as "86" defendant repeats, reiterates and realleges each and every response to the plaintiffs Complaint contained in paragraphs "1" through "79" above with the same force and effect as if set forth herein at length. 3 of 8

4 AS AND FOR A FIRST SEP ARA TE EIGHTEENTH: Upon information and belief, that 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 of plaintiff JRL and SAMANTHA LOSADO. The amount of damages recovered, if any, shall therefore be diminished in the proportion to which said culpable conduct, attributable to Plaintiff JRL and SAMANTHA LOSADO, bears to the culpable conduct which caused said damages. AS AND FORA SECOND SEPARATE NINETEENTH: If the injuries and damages were sustained by the plaintiffs at the time and place and in the manner alleged in the Complaint, such damages and injuries are attributable, in whole or in part, to the culpable conduct of third parties, and if any damages are recoverable against the answering defendants, the amount of such damages shall be diminished in the proportion that the culpable conduct attributable to third parties bears to the culpable conduct which caused the damages pursuant to CPLR AS AND FOR A THIRD SEPARATE TWENTIETH: That the Complaint herein fails to state a cause of action upon which relief may be granted against the answering defendants. AS AND FOR A FOURTH SEP ARA TE TWENTY-FIRST: The answering defendant did not take part in or direct any of the acts complained of which resulted in plaintiffs' alleged damages. 4 of 8

5 AS AND FOR A FIFTH SEP ARA TE TWENTY-SECOND: Plaintiffs damages were caused and brought about by an intervening and superseding cause and were not caused by the answering defendant, or by a person or entity for whom the answering defendant is responsible. AS AND FOR A SIXTH SEP ARA TE TWENTY-THIRD: The defendant's liability, if any, to the plaintiff is limited under Article 16 of the Civil Practice Law & Rules of the State of New York. AS AND FOR A SEVENTH SEP ARA TE TWENTY-FOURTH: Upon information and belief, plaintiffs 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 defendants are entitled to have the Court consider the same in determining such special damages as provided in 4545 of CPLR. AS AND FOR AN EIGHTH SEPARATE TWENTY-FIFTH: The answering defendants, pursuant to 1412 of the CPLR, allege upon information and belief that if the plaintiffs sustained any damages at the time and place alleged in the Complaint, such damages were the result of the culpable conduct of plaintiff JRL and SAMANTHA LOSADO because of said plaintiffs negligence or assumption of risk. Should it be found, however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendants demand that any damages that are found to be apportioned among the respective parties according to the degree of responsibility each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. 5 of 8

6 AS AND FOR A NINTH SEP ARA TE TWENTY-SIXTH: That all risks and dangers oflosses connected with the situation alleged in the Complaint were at all times and places mentioned obvious and apparent and were known to the plaintiff and were voluntarily assumed by him. AS AND FOR A TENTH SEP ARA TE TWENTY-SEVENTH: Plaintiff JRL and SAMANTHA LOSADO failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Complaint. AS AND FOR AN ELEVENTH SEP ARA TE TWENTY-EIGHTH: At all times relevant herein, the answering defendant exercised reasonable care and acted in accordance with or exceeded all applicable municipal, city, state and federal statutory, regulatory and common law requirements, regulations and standards. AS AND FOR A TWELFTH SEP ARA TE TWENTY -NINTH: This court has not acquired in personam jurisdiction over the answering defendants based upon improper service of process. AS AND FOR A THIRTEENTH SEP ARA TE THIRTIETH: That if the plaintiff has received sums of money in settlement of the claims asserted herein, and that by reason thereof, the defendants are entitled to the protection, provisions and limitations of Section of the General Obligations law of the State of New York in reducing the claim of the plaintiff against the defendants, by the amount stipulated in the Release, the amount of consideration paid for it or the amount of the released defendants' equitable share of the damages, whichever is the greatest. 6 of 8

7 AS AND FOR A FOURTEENTH SEP ARA TE THIRTY-FIRST: The answering defendant is immune from suit for their exercise of discretion in the performance of a governmental function and/or their exercise of professional judgment. WHEREFORE, the Defendant, ABBOTT HOUSE demand judgment dismissing the plaintiff's Complaint against them, together with the costs and disbursements incurred in this action. Dated: New York, New York July 15, 2016 Yours, etc. ORD & CHRISTIE, LLP Attorneys for Defendant, ABBOTT HOUSE 800 Third A venue, 9th Floor New York, New York (212) TO: GAINES, NOVICK, PONZINI, COSSU & VENDITTI, LLP Attn: Ted A. Novick, Esq. Attorneys for Plaintiff 11 Martine A venue, 8 1 h Floor White Plains, NY (914) of 8

8 ATTORNEY VERIFICATION STATE OF NEW YORK } } SS.: COUNTY OF NEW YORK } I, Michael C. Becker, am a associate with the firm of RUTHERFORD & CHRISTIE, LLP, attorneys for Defendant ABBOTT HOUSE. I have read the foregoing Answer and know the contents thereof; and the same upon information and belief is true to my knowledge, except as to the matters thereon stated to be alleged upon information and belief, and as to those matters upon information and belief I believe it to be true. This Verification is made by the deponent and not by the defendant because deponent's office is not located in the same county where the defendant are located. Dated: New York, New York July 15, 2016 ~ Michael C. Becker 8 of 8