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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
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`THIS DOCUMENT RELATES TO:
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`TROY SHANE SMITH and
`ALLYSON JANE SMITH,
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`Plaintiffs,
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`Index No.: 814633/2023
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`-against-
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`84 LUMBER COMPANY, et al.,
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`Defendants.
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`VERIFIED ANSWER AND DEFENSES OF METROPOLITAN LIFE INSURANCE COMPANY
`TO PLAINTIFFS’ VERIFIED COMPLAINT AND TO CROSS-CLAIMS OF ANY
`AND ALL OTHER DEFENDANTS AND THIRD-PARTY DEFENDANTS;
`AND CROSS-CLAIMS OF METROPOLITAN LIFE INSURANCE COMPANY
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`Comes now Metropolitan Life Insurance Company (“Metropolitan Life”), one of the Defendants
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`in the above-styled and numbered cause, by and through counsel, and answers the Plaintiffs’ Verified
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`Complaint (“Complaint”) and each and every Cross-Claim filed hereafter by any other Defendant or
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`Third-Party Defendant as follows:
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`1.
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`Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 1 of the Complaint.
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`2.
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`Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 2 of the Complaint.
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`3.
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`Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 3 of the Complaint.
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`4.
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`To the extent paragraph 4 of the Complaint requires a response, Metropolitan Life
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`acknowledges that plaintiff purports to define the term “Defendants” as described in that paragraph and
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`otherwise denies the allegations contained in paragraph 4 of the Complaint.
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`5.
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`Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 5 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 5 of the Complaint.
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`6.
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`Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraphs 6 through 45 of the Complaint.
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`7.
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`Metropolitan Life denies the allegations contained in paragraph 46 of the Complaint, and
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`avers that it is a life insurance company incorporated under the laws of the State of New York.
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`8.
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`Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraphs 47 through 61 of the Complaint.
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`9.
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`Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 62 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 62 of the Complaint.
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`10. Metropolitan Life denies the allegations contained in paragraph 63 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 63 of the Complaint.
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`11. Metropolitan Life is without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 64 of the Complaint.
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`12. Metropolitan Life denies the allegations contained in paragraph 65 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 65 of the Complaint.
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`13. Metropolitan Life denies the allegations contained in paragraph 66 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 66 of the Complaint.
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`14. Metropolitan Life denies the allegations contained in paragraph 67 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 67 of the Complaint.
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`15. Metropolitan Life denies the allegations contained in paragraph 68 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 68 of the Complaint.
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`16. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 69 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 69 of the Complaint.
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`AS TO THE FIRST CAUSE OF ACTION
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`17. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 69 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 70 of
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`the Complaint.
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`18. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 71 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 71 of the Complaint.
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`19. Metropolitan Life denies the allegations contained in paragraph 72 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 72 of the Complaint.
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`20. Metropolitan Life denies the allegations contained in paragraph 73 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 73 of the Complaint.
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`21. Metropolitan Life denies the allegations contained in paragraph 74 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 74 of the Complaint.
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`22. Metropolitan Life refers all questions of law to the Court; to the extent the allegations
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`contained in paragraph 75 of the Complaint, including all subparts, are deemed allegations of fact,
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`Metropolitan Life denies them insofar as they are directed against Metropolitan Life. Metropolitan Life
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`is otherwise without knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph 75 of the Complaint, including all subparts.
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`23. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 76 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 76 of the Complaint.
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`24. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 77 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 77 of the Complaint.
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`25. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 78 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 78 of the Complaint.
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`AS TO THE SECOND CAUSE OF ACTION
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`26. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 78 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 79 of
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`the Complaint.
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`27. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 80 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 80 of the Complaint.
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`28. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 81 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 81 of the Complaint.
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`29. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 82 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 82 of the Complaint.
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`30. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 83 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 83 of the Complaint.
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`AS TO THE THIRD CAUSE OF ACTION
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`31. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 83 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 84 of
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`the Complaint.
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`32. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 85 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 85 of the Complaint.
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`33. Metropolitan Life denies the allegations contained in paragraph 86 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 86 of the Complaint.
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`34. Metropolitan Life denies the allegations contained in paragraph 87 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 87 of the Complaint.
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`35. Metropolitan Life denies the allegations contained in paragraph 88 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 88 of the Complaint.
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`36. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 89 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 89 of the Complaint.
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`37. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 90 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 90 of the Complaint.
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`38. Metropolitan Life denies the allegations contained in paragraph 91 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 91 of the Complaint.
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`39. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 92 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 92 of the Complaint.
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`40. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 93 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 93 of the Complaint.
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`AS TO THE FOURTH CAUSE OF ACTION
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`41. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 93 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 94 of
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`the Complaint.
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`42. Metropolitan Life denies the allegations contained in paragraph 95 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 95 of the Complaint.
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`43. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 96 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 96 of the Complaint.
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`44. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 97 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 97 of the Complaint.
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`45. Metropolitan Life denies the allegations contained in paragraph 98 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 98 of the Complaint.
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`46. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 99 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 99 of the Complaint.
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`47. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 100 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 100 of the Complaint.
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`48. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 101 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 101 of the Complaint.
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`49. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 102 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 102 of the Complaint.
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`50. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 103 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 103 of the Complaint.
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`51. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 104 of the Complaint, including all subparts, insofar as the allegations are
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`directed against Metropolitan Life. Metropolitan Life is otherwise without knowledge or information
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`sufficient to form a belief as to the truth of the allegations contained in paragraph 104 of the Complaint,
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`including all subparts.
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`52. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 105 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 105 of the Complaint.
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`53. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 106 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 106 of the Complaint.
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`54. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 107 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 107 of the Complaint.
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`55. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 108 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 108 of the Complaint.
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`56. Metropolitan Life denies the allegations contained in paragraph 109 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 109 of the Complaint.
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`57. Metropolitan Life denies the allegations contained in paragraph 110 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 110 of the Complaint.
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`58. Metropolitan Life denies the allegations contained in paragraph 111 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 111 of the Complaint.
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`59. Metropolitan Life denies the allegations contained in paragraph 112 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
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`paragraph 112 of the Complaint.
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`AS TO THE FIFTH CAUSE OF ACTION
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`60. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 112 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 113 of
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`the Complaint.
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`61. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 114 of the Complaint.
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`62. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 115 of the Complaint.
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`63. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 116 of the Complaint.
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`64. Metropolitan Life denies the allegations contained in paragraph 117 of the Complaint.
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`65. Metropolitan Life denies the allegations contained in paragraph 118 of the Complaint.
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`66. Metropolitan Life denies the allegations contained in paragraph 119 of the Complaint.
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`67. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 120 of the Complaint.
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`AS TO THE SIXTH CAUSE OF ACTION
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`68. Metropolitan Life reasserts and incorporates by reference its responses to paragraphs 1
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`through 120 of the Complaint, inclusive, as though fully set forth herein in response to paragraph 121 of
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`the Complaint.
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`69.
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`In response to the allegations contained in paragraph 122 of the Complaint, Metropolitan
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`Life states that the publicly-available body of information regarding asbestos and health at all times
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`relevant speaks for itself. Metropolitan Life otherwise denies the allegations contained in paragraph 122
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`of the Complaint insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is
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`otherwise without knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in paragraph 122 of the Complaint.
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`70. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 123 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 123 of the Complaint.
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`71. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 124 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 124 of the Complaint.
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`72. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 125 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 125 of the Complaint.
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`73. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 126 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 126 of the Complaint.
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`74. Metropolitan Life denies the allegations contained in paragraph 127 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
`
`paragraph 127 of the Complaint.
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`75. Metropolitan Life denies the allegations contained in paragraph 128 of the Complaint
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`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
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`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
`
`paragraph 128 of the Complaint.
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`76. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 129 of the Complaint, including all of its subparts, insofar as the allegations are
`
`directed against Metropolitan Life. Metropolitan Life is otherwise without knowledge or information
`
`sufficient to form a belief as to the truth of the allegations contained in paragraph 129 of the Complaint,
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`including all of its subparts.
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`77. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 130 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 130 of the Complaint.
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`78. Metropolitan Life denies the allegations contained in paragraph 131 of the Complaint.
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`79. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 132 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 132 of the Complaint.
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`80. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 133 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 133 of the Complaint.
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`81. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 134 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 134 of the Complaint.
`
`82. Metropolitan Life refers all questions of law to the Court, and denies the allegations
`
`contained in paragraph 135 of the Complaint insofar as the allegations are directed against Metropolitan
`
`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations contained in paragraph 135 of the Complaint.
`
`83. Metropolitan Life denies the allegations contained in paragraph 136 of the Complaint
`
`insofar as the allegations are directed against Metropolitan Life. Metropolitan Life is otherwise without
`
`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
`
`paragraph 136 of the Complaint.
`
`AS TO THE SEVENTH CAUSE OF ACTION
`
`84. Metropolitan Life reasserts and incorporates by reference its responses to
`
`paragraphs 1 through 136 of the Complaint, inclusive, as though fully set forth herein in response
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`to paragraph 137 of the Complaint.
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`85.
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`The Seventh Cause of Action and the allegations contained therein are directed against
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`Defendant Contractors and not against Metropolitan Life, therefore no response is required. To the
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`extent any allegations contained in the Seventh Cause of Action may be perceived to be directed against
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`Metropolitan Life, Metropolitan Life denies said allegations.
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`AS TO THE EIGHTH CAUSE OF ACTION
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`86. Metropolitan Life reasserts and incorporates by reference its responses to
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`paragraphs 1 through 150 of the Complaint, inclusive, as though fully set forth herein in response
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`to paragraph 151 of the Complaint.
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`87.
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`The Eighth Cause of Action and the allegations contained therein are directed
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`against defendant Premises Owners and not against Metropolitan Life, therefore no response is
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`required. To the extent any allegations contained in the Eighth Cause of Action may be
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`perceived to be directed against Metropolitan Life, Metropolitan Life denies said allegations
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`AS TO THE NINTH CAUSE OF ACTION
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`88. Metropolitan Life reasserts and incorporates by reference its responses to
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`paragraphs 1 through 166 of the Complaint, inclusive, as though fully set forth herein in response
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`to paragraph 167 of the Complaint.
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`89. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 168 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 168 of the Complaint.
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`90. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 169 of the Complaint insofar as the allegations are directed against Metropolitan
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`15
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`15 of 31
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`

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`FILED: ERIE COUNTY CLERK 01/10/2024 12:07 PM
`NYSCEF DOC. NO. 30
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/10/2024
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 169 of the Complaint.
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`91. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 170 of the Complaint insofar as the allegations are directed against Metropolitan
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`Life. Metropolitan Life is otherwise without knowledge or information sufficient to form a belief as to
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`the truth of the allegations contained in paragraph 170 of the Complaint.
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`92. Metropolitan Life refers all questions of law to the Court, and denies the allegations
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`contained in paragraph 171 of the Complaint insofar as the allegations are directed against Metropolit