SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X 115 KINGSTON AVENUE LLC, and 113 KINGSTON LLC, Plaintiffs, VERIFIED ANSWER -against- Index No.: 654456/16 MT. HAWLEY INSURANCE COMPANY, UNITED SPECIALTY INSURANCE COMPANY, NORTHFIELD INSURANCE COMPANY, BLACKSTONE CONTRACTORS LLC, HKS CONSTRUCTION CORP., KINGS COUNTY DEMOLITION, INC., Defendants. X The Defendant, KINGS COUNTY DEMOLITION, INC., by its attorneys, SHAYNE, DACHS, SAUER, & DACHS, LLP, answering the Complaint of the Plaintiffs herein, sets forth and alleges as follows: FIRST: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "1," "2," "3," "4," "5," "6," "7," "10, "13," "14," "17," "18, "19," "20," "21," "22," "23," "24," "27," "28," "29," "30," "31," "32," "36," "37," "38" and "39." SECOND: Admits the allegations contained in paragraphs "8," "33," "40" and "41" of the Plaintiffs' Complaint. THIRD: Paragraph 9 is a summary of the action, to which no response is required. To the extent that a response is deemed necessary, KINGS refers to the underlying Complaint for the allegations contained therein, without admitting the truth thereof. 1 of 10
FOURTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "11," and "12," and refers to the contract between Plaintiffs and BLACKSTONE for the terms and conditions thereof. FIFTH: As to paragraphs "15" and "16" of the Plaintiffs' Complaint, admits that BLACKSTONE and KINGS entered into a subcontract for the performance of work at the Project, and refers to the subcontract for the terms and conditions thereof. SIXTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph of the Complaint marked "25," and refers to the Complaint in the underlying action for the allegations contained therein. SEVENTH: Admits the allegations contained in paragraph "26" of the Plaintiffs' Complaint, and refers to the Third-Party Complaint for the allegations contained therein. EIGHTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "34" and "35," and refers to the policy for the terms and conditions thereof, and refers legal issues to the Court. ANSWERING THE ALLEGED FIRST CAUSE NINTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "EIGHTH" with respect to paragraph of the Complaint marked "42" with the same force and effect as though fully set forth herein at length. -2-2 of 10
TENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "43," "44," "45," "46," "47," "48" and "49 11. ANSWERING THE ALLEGED SECOND CAUSE ELEVENTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TENTH" with respect to paragraph of the Complaint marked "50" with the same force and effect as though fully set forth herein at length. TWELFTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "51," "52," "53" and 54". ANSWERING THE ALLEGED THIRD CAUSE THIRTEENTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWELFTH" with respect to paragraph of the Complaint marked "55" with the same force and effect as though fully set FOURTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "56," "57" and "58." 3 of 10
ANSWERING THE ALLEGED FOURTH CAUSE FIFTEENTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "FOURTEENTH" with respect to paragraph of the Complaint marked "59" with the same force and effect as though fully set SIXTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "60," "61" and "62." ANSWERING THE ALLEGED FIFTH CAUSE SEVENTEENTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "SIXTEENTH" with respect to paragraph of the Complaint marked "63" with the same force and effect as though fully set EIGHTEENTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "64," "65," "66," "67, "68," 69" and "70." ANSWERING THE ALLEGED SIXTH CAUSE NINETEENTH: Repeats, reiterates and realieges each and every denial set forth in paragraphs of the answer marked "FIRST" through "EIGHTEENTH" with respect to paragraph of the Complaint marked "71" with the same force and effect as though fully set 4 of 10
TWENTIETH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "72," "73," "74" and 75." ANSWERING THE ALLEGED SEVENTH CAUSE OF ACTION ON BEHALF OF DEFENDANT TWENTY-FIRST: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWENTIETH" with respect to paragraph of the Complaint marked "76" with the same force and effect as though fully set TWENTY-SECOND: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "77," 78" and "79." ANSWERING THE ALLEGED EIGHTH CAUSE TWENTY-THIRD: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWENTY-SECOND" with respect to paragraph of the Complaint marked "80" with the same force and effect as though fully set TWENTY-FOURTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs of the Complaint marked "81," "82" and "83." 5 of 10
ANSWERING THE ALLEGED NINTH CAUSE TWENTY-FIFTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWENTY-FOURTH" with respect to paragraph of the Complaint marked "84" with the same force and effect as though fully set TWENTY-SIXTH: Admits the allegations contained in paragraphs "85," "86," "87," "88," "89," "90" and "91" of the Plaintiffs' Complaint. ANSWERING THE ALLEGED TENTH CAUSE TWENTY-SEVENTH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWENTY-SIXTH" with respect to paragraph of the Complaint marked "92" with the same force and effect as though fully set TWENTY-EIGHTH: Admits the allegations contained in paragraphs "93," "95" and "96" of the Plaintiffs' Complaint. TWENTY-NINTH: Denies knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph of the Complaint marked "94." ANSWERING THE ALLEGED ELEVENTH CAUSE OF ACTION ON BEHALF OF DEFENDANT THIRTIETH: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "TWENTY-NINTH" with respect to 6 of 10
paragraph of the Complaint marked "97" with the same force and effect as though fully set THIRTY-FIRST: Denies each and every allegation contained in paragraphs of the Complaint marked "98, "99" and "100." ANSWERING THE ALLEGED TWELFTH CAUSE OF ACTION ON BEHALF OF DEFENDANT THIRTY-SECOND: Repeats, reiterates and realleges each and every denial set forth in paragraphs of the answer marked "FIRST" through "THIRTY-FIRST" with respect to paragraph of the Complaint marked "101" with the same force and effect as though fully set THIRTY-THIRD: Denies each and every allegation contained in paragraphs of the Complaint marked 1 102," "103" and "104." THIRTY-FOURTH: Denies each and every other remaining allegation of the Plaintiffs' Complaint not herein before specifically admitted or otherwise denied. AS AND FOR A FIRST, SEPARATE AND THIRTY-FIFTH: There is another action pending between Plaintiffs and the answering Defendant for the same cause(s) of action asserted against Defendant herein. AS AND FOR A SECOND, SEPARATE AND THIRTY-SIXTH: Defendant will rely upon the doctrine of res judicata and/or collateral estoppel in connection with any determinations adverse to Plaintiffs rendered in 7 of 10
any judicial, quasi-judicial, administrative or arbitration forum arising out of the accident sued upon herein. THIRTY-SEVENTH: Defendant will rely upon the doctrine of estoppel against inconsistent positions in connection with any determination made in Plaintiffs' favor in any judicial, quasi-judicial, administrative or arbitration forum in which Plaintiffs take a position different from or inconsistent with the position taken in this action. AS AND FOR A THIRD, SEPARATE AND BEHALF OF THIS ANSVVER1NG DEFENDANT. THIRTY-EIGHTH: Plaintiffs failed to take all reasonable measures to reduce, mitigate and/or minimize the damages alleged. AS AND FOR A FOURTH, SEPARATE AND THIRTY-NINTH: Plaintiffs are covered by an insurance policy/insurance policies other than the policy issued to the answering Defendant as a named insured. AS AND FOR A FIFTH, SEPARATE AND FORTIETH: Pursuant to CPLR Section 4545, any recovery by Plaintiffs should be reduced in whole or in part, by reason of and the amount of Plaintiffs' indemnification and/or reimbursement from any other insurance company or other collateral source. 8 of 10
AS AND FOR A SIXTH, SEPARATE AND FORTY-FIRST: Plaintiffs have an adequate remedy at law, thereby making their requests for a declaratory judgment against the answering Defendant improper. AS AND FOR A SEVENTH, SEPARATE AND FORTY-SECOND: Defendant reserves its right to assert any and all additional defenses which may have been omitted from the Answer in the event that further information becomes available to it through discovery and/or further investigation. WHEREFORE, Defendant, KINGS COUNTY DEMOLITION, INC., demands judgment in its favor dismissing the Complaint as against it, together with the costs and disbursements of this action, and for such other and further relief as the court may deem just and proper. Yours, etc. SHAYNE, DACHS, AUER & DACHS, LLP BY: 1, 11; J4 NATHAN A. DACHS Attorneys for Defendant, KINGS COUNTY DEMOLITION, INC. 114 Old Country Road, Suite 410 Mineola, New York 11501-4410 (516) 747-1100 9 of 10
JONATHAN A. DACHS, being duly sworn, deposes and says: That he is a member of the firm of SHAYNE, DACHS, SAUER & DACHS, LLP, attorneys for Defendant, KINGS COUNTY DEMOLITION, INC., herein; that he has read the foregoing and knows the contents thereof; and that the same is true to his own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters he believes them to be true. Affirmant further says that the reason this verification is made by affirmant and not by the Defendant, KINGS COUNTY DEMOLITION, INC., herein, is because the said Defendant, does not reside within the county where your affirmant maintains his office. Affirniant further says that the source of his knowledge and the grounds of his belief as to all matters therein so stated upon his knowledge are books, papers, records and documents maintained by deponent. Dated: Mineola, New York June 9, 2017 10 of 10