FILED: QUEENS COUNTY CLERK 01/12/ :17 AM

Transcription

1 FILED: QUEENS COUNTY CLERK 01/12/ :17 AM INDEX NO /2016 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 01/12/2017 EXHIBIT C

2 [FILED: QUEENS COUNTY CLERK 03/31/ :20 AM) INDEX NO /2016 " ;, NYSCEF DOC. ~O. 6 RECEIVED NYSCEF: 03/31/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --~ ~ }{ ALOYSIUS K. WILSON,.-against- Plaintiff, PV HOLDING CORP., CHRlSTINE SPICOCID, VIRGO MEDICAL SERVICES INC., ROSITA G. GAJ:.,LO, MJ:CHELLE ESQUENAZI. MICHAEL ESQUENAZI, ~DY WILSON, VEIUFIED ANSWER AND DEMANDS Index No /2016 Defendants....:.~~ ){ The defendants, VIRGO ~!)!CAL SERVICES INC. and ROSITA G. GALLO, by their attorneys, McGaw, Alventosa & Zajac as and for an answer to the complaint of the plaintiff herein, respectfµlly allege(s) upon infonnation and belief: AS AND FORAN ANSWER TO THE FIRST CAUSE OF ACTION.,.,.. '... FIRST: SECOND: Admit(s) paragraph(s) 17, 22, 23 and 27 of the party complaint. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph(s) 1, 5-15, 19, 21, 24, 25, 26 and of the complaint. THIRD: FOURTH: Denies paragraph(s) 20, 47, 48, 49, 50 and 51 of the complaint. Denies knowl~dge or information sufficient ta fonn a belief as to the allegations cont~ined in paragraph(s) 2, 3, 4, 18 and 53 of the complaint and respectfully refers all questions oflaw to the court. FIFTH: Denies paragraph(s) 16, 52 and 54 of the complaint and respectfully refers all questiqns of law to the court. 1 of 19

3 AS AND FORAFffiST AFFIRMATIVE DEFENSE That the: injuries and damages to the plaintiff were caused in whole or in part or were ; contributed to by the culpable conduct and want of care on the part of the plaintiff and any such alleged damages should be fully or partially diminished by said culpable conduct and want of care pursuant to CPLRArticle 14-A. AS AND FOR A SECOND AFFIRMATIVE DEFENSE That upon information an,d b~lief, plaintiff has failed to meet the requirements set forth in Article 51 et seq. of the Insurance Law of the State o{new York, relating to the right to maintain an action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE That upon infonnatioµ and beljef 1 the plaintiff failed to use the available seat belt and other safety d~vices provided in the said automobile and thus failed to mitigate or completely prevent plaintiffs injuries and damages. AS AND FORA FOURTH AFFIRMATIVE DEFENSE That the plaintiff received remuneration and/or compensation for some or all of his claimed.eqonomic Joss and that the qe~e~dant is entitled to have plaintiffs awar4, i:f any, reduced by the amount of that remuneration and/or compensation, pursuant to Section 4545(c) of the Civil Practice Law and Rules. AS AND FORA FIFTH AFFIRMATIVE DEFENSE That the liability of the defendants, VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO, if any;' does not exceed fifty percent (50%) of the liability assigned to all persons and that the liability of the defendants, VIRGO MEDICAL SERVICES INC. and ROSITA G.. GALLO, ifany,'fornon-economic loss is limited pursuant to Article 16 of the CPLR. 2 of 19

4 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE That the.~laintifffailed to mitigate plaintiff's damages., AS AND FORA SEVENTH AFFIRMATIVE DEFENSE That the t,lefendant was suddenly confronted with, and was called upon to act in, an emergency situation not created by defendant's own acts. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE In the event that any :person or entity liable or claimed to be liable f<;>r injuries 9r damages in this action has been given or may hereafter be given a release or covenant not to sue, the answering defendants shall be entitled to protection under General Obligations Law and the corresponding reduction of any damages, if any 1 which may be determined to have been caused by another answering party. AS AND FORA CROSS-CLAIM FOR CONTIUBUTION AND/OR INDEMNIFICATION AGAINST THE co~!}_efendants, PV HOLDING CORP., CHRISTINE SPICOCID, MICHELLE ESQUENAZI, MICHAEL ~QUENAZI and RANDY WILSON, THE DEFENDANTS, VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO.ALLEGES:.,..., That any injuries and damages sus~ained by the plaintiff herein as a result of the alleged incident descriped in the pla~ntjff's C()mplaint were sustained in whqle or in part by reason of the negligence or other breach of dl.lty on the part of the coudefendants, PV HOLDING CORP., CHRISTINE SPICOCID, MICHELLE ESQUENAZI, MICHAEL BSQUENAZI and RANDY WILSON. That if it is determined that the defendants. VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO, is liable in any degree to the plaintiff, whether because of negligence, by "., I ' '. operation of law (;Jr ~y other reason, the defendant, VIRGO MEDICAL SERVICES INC. and 3 of 19

5 ROSITA G. GALLO, is entitled to have the liability apportioned among and between the defendants by way of contribution and/or is entitled to be indemnified by one or more of said codefendants. WHEREFORE, the defendants, VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO, deman<)s judgment dif!missing the Complaint of the plaintiff herein with costs and. " (. further demands judgment pursu~t to Section 3019b and Article 14 of the CPLR, that the.! ultimate rights of the defendants, VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO, and the co-defendants, PV HOLDING CORP., CHRISTJNE SPICOCHI, MICHELLE E$QUENAZl 1.JyllC:f{ApL ESQ~NAZI and RANDY WILSON, be determined as between themselves in that the 4~fendants1 VIRGO MEDIC.AL SERVICES INC. and ROSITA G. GALLO, have judgment over and against the co-defendants, PV HOLDING CORP., CHRISTINE SPICOCHI, MIC~LLE ESQUENAZI, MICHAEL ESQUENAZI and RANDY WILSON, for indemnificatipn an4'9r contribµtion in whole or in part, for the amount of any sum which may be reco.vered herein a.gmnst the def ndants 1 VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO, together wit4 attorneys' fees and the costs and disbursements of this action. '. ( '.~ DATED: Jericho, New York March 31, 2016,. " ~.. 4 of 19

6 .. i You.rs, etc., McGA W, ALVENTOSA & ZAJAC Attorneys for Defendants VIE.0.0 MEDICAL SERVICES INC. and R,;OSIT AG. G~Q,,/<If/'\ By:..--~ _ Leonard M. Grerici Two Jericho Plaza, S:uite 202 Jericho, New York (516) 822-,8900 Our File# NYJE TO: Gregory Spektor & Associates, P.C. Attorneys for Plaintiff One Cross Island Plaza, Suite'203C Rosedale/New York (718) 52~-5272 Reardon & Sclafani, P;C. Attorn(!ys for!)efendant, PV HOLDING CORP. 220 White Plain~ Road, Suite 235 Tarryto\vn, New York (914) Christine Spicochi Defendant 4s2o SE 15th Street Oc~la, Florida Mi~helle Esquenazi Defendant 62 Nichols Court Hempstead, New York Miehael Esquenazi Deferidrui{ 2'gg Arch Street 0ce~nsid, New York Randy Wilson Deferidatit 4302 Rockaway.Beach Blvd. Far Rockaway~ New York of 19

7 ATTORNEY'S VERIFICATION LeonantM. Grenci, an attorney duly admitted to practice law in New York State states: That I am a member of the law offices of McGaw, Alventosa & Zajac attorneys for the defendan~, VIRGO MEDICAL SERVICES INC. and ROSITA G. GALLO. That I have read the annexed VERIFIED ANSWER AND DEMANDS and know the -.. ' '. contents thereo~ amj the same are true to my knowledge, except those matters herein which are stated to be alleged on information and b~~ief, aj'ld as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Investigations made into the subject matter of the Complaint and infonnation received in the co'1rse of the defense of this action, and fih:s maintained by my office. The reason why this verifica:tion is made by said deponent and not by defendant is that said defendant i~ not within the ~OUl1ty where I have my office. Oated: Jericho, New York March31,;2016 Leonard M. Grenci 18 of 19

8 Index No /2016 St)Pl\EME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ALOYSIUS K. WILSON, -against- Plaintiff, PV HOLDING CORP., CHRISTINE SPICOCHI, VIRGO MEPICAL SERVICES INC., ROSITA G. GALLO, MICHELLE ESQUENAZI, MICHAEL ESQUBNAZI, RANDY WILSON,.,. Defendants. VERIFIED ANSWER, DEMAND FOR VERIFIED BILL OF PARTICULARS ' n~d. CO~InN~µ ))EMANDS To: Gregory Spektor & Associates, P.C. Attorney(s)[or the Plaintiff: ALOYSIUS K. WILSON McGAW, ALVENTOSA & ZAJAC Attorneys for Defendants Virgo Medical Services Inc. and Rosita G. Gallo TWO JERICHO PLAZA, SUITE 202 JERICHO, NY (516) 822~8900 Service of a copy of the within admilted. Dated: is hereby A ttorney(s) for PLEASE TAKE NOTICE 0 that the witflin is a (cerlijied) true copy of an Order ~~ 1 ~ 0 of enter~d in. th~ of!ice of the Clerk of the within named Court on CJ Naticcof Settlement tltat an Order of which the within is a true copy will be presented for settlement lo the Hon., one of tllej11dges of the within named Co11rt, at on, at Dated: Jericho, New York McGAW, ALVENTOSA & ZAJAC Attorneys/or Defendants Virgo Medical Services Inc. and Rosita G. Gallo TWO JERICHO PLAZA, SUITE 202 JERICHO, NY M. 19 of 19