FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`SUPREME COURT OF THE STATE OF
`NEW YORK
`COUNTY OF ERIE
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`Index No.: 814633/2023
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`VERIFIED ANSWER TO
`VERIFIED COMPLAINT
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`
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`Plaintiffs,
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`-against-
`
`TROY SHANE SMITH and ALLYSON
`JANE SMITH,
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`
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`
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`84 LUMBER COMPANY, et al.,
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`Defendants,
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`Defendant, NEW YORKER BOILER COMPANY, INC., by its attorneys The Cook
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`Group, PLLC, answering Plaintiffs’ Verified Complaint in this action, hereby states upon
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`information and belief as follows:
`
`THE PARTIES
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`
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`1.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies any knowledge
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`or information sufficient to form a belief as to the truth of the allegations in Paragraph “1” of the
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`Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.
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`
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`2.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies any knowledge
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`or information sufficient to form a belief as to the truth of the allegations in Paragraph “2” of the
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`Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.
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`
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`3.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies any knowledge
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`or information sufficient to form a belief as to the truth of the allegations in Paragraph “3” of the
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`Plaintiffs’ Verified Complaint and leaves Plaintiffs to their proofs.
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`4.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “4” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
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`5.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
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`in Paragraph “5” related to the alleged commission of tortious acts and/or acts giving rise to injuries
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`and losses and denies knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations. NEW YORKER BOILER COMPANY, INC. denies knowledge or
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`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`
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`6.
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`The allegations in Paragraphs “6” through “46,” inclusive, of the Plaintiffs’
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`Verified Complaint are directed to parties other than NEW YORKER BOILER COMPANY,
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`INC. and no response is required. To the extent that any response is required, NEW YORKER
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`BOILER COMPANY, INC., denies knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraphs “6” through “46,” inclusive, of the Plaintiffs’ Verified
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`Complaint.
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`7.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “47” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`8.
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`The allegations in Paragraphs “48” through “60,” inclusive, of the Plaintiffs’
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`Verified Complaint are directed to parties other than NEW YORKER BOILER COMPANY,
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`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`INC. and no response is required. To the extent that any response is required, NEW YORKER
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`BOILER COMPANY, INC., denies knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraphs “48” through “60,” inclusive, of the Plaintiffs’ Verified
`
`Complaint.
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`9.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “61” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
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`10. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “62” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`11. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “63” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`RECEIVED NYSCEF: 02/27/2024
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`12. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “64” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`13. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “65” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`14. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “66” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`15. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “67” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
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`16. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “68” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`17. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “69” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`WHEREFORE, Defendant, NEW YORKER BOILER COMPANY, INC., denies it is
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`liable for any damages, compensatory, punitive, or otherwise.
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`AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
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`18. Defendant, NEW YORKER BOILER COMPANY, INC., repeats, reiterates, and
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`re-alleges each and every answer heretofore made to Paragraphs “1” through “69,” inclusive, of
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`Plaintiffs’ Verified Complaint as if set forth in full herein.
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`19. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “71” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
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`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
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`20. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “72” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`21. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “73” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
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`Complaint.
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`22. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “74” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`23. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
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`allegation contained in Paragraph “75,” “75(a),” “75(b),” “75(c),” “75(d),” “75(e),” “75(f),”
`
`“75(g),” “75(h),” “75(g),” “75(h),” “75(i),” “75(j),” “75(k),” “75(l)” and “75(m)” of the Plaintiffs’
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`Verified Complaint as it pertains to this answering defendant, and refers all questions of law to
`
`this Court for determination at time of trial, and denies any knowledge or information sufficient to
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`form a belief as to the truth of the allegations contained in the aforesaid paragraph as it pertains to
`
`the remaining defendants in the Verified Complaint.
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`24. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “76” of the Plaintiffs’ Verified Complaint as it pertains to this
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`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`25. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “77” of the Plaintiffs’ Verified Complaint as it pertains to this
`
`answering defendant, and refers all questions of law to this Court for determination at time of trial,
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`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`26. Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “78” of the Plaintiffs’ Verified Complaint as it pertains to this
`
`answering defendant, and refers all questions of law to this Court for determination at time of trial,
`
`and denies any knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
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`27.
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`Defendant, NEW YORKER BOILER COMPANY, INC., herein repeats,
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`reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “78”
`
`of Plaintiffs’ Verified Complaint as if set forth in full herein.
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`28.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “80” of the Plaintiffs’ Verified Complaint insofar as it pertains
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`to the answering defendant and denies any knowledge or information sufficient to form a belief as
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`to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`29.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “81” of the Plaintiffs’ Verified Complaint insofar as it pertains
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`to the answering defendant and denies any knowledge or information sufficient to form a belief as
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`to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`30.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “82” of the Plaintiffs’ Verified Complaint insofar as it pertains
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`to the answering defendant and denies any knowledge or information sufficient to form a belief as
`
`to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
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`31.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies each and every
`
`allegation contained in Paragraph “83” of the Plaintiffs’ Verified Complaint insofar as it pertains
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`to the answering defendant and denies any knowledge or information sufficient to form a belief as
`
`to each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
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`32.
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`Defendant, NEW YORKER BOILER COMPANY, INC., herein repeats,
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`reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “83,”
`
`inclusive, of Plaintiffs’ Verified Complaint, as if set forth in full herein.
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`33.
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`Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “85” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`34. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “86” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`35. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “87” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
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`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`36. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “88” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`37. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “89” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
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`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`38. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “90” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`39. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “91” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`40. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “92” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`41. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “93” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`WHEREFORE, Defendant, NEW YORKER BOILER COMPANY, INC. denies it is
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`liable for any damages, compensatory, punitive, or otherwise.
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`AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
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`Defendant, NEW YORKER BOILER COMPANY, INC., herein repeats,
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`42.
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`reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “93,”
`
`inclusive, of Plaintiffs’ Verified Complaint, as if set forth in full herein.
`
`43. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “95” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`44. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “96” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`45. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “97” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
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`46. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “98” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
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`47. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “99” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`48. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “100” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`49. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “101” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`50. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “102” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`information sufficient to form a belief as to the truth of allegations contained in this paragraph
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`pertaining to the remaining Defendants.
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`51. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “103” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`52. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “104,” “104(a),” “104(b),” “104(c),” “104(d),” “104(e),” and “104(f)” of
`
`the Plaintiffs’ Verified Complaint pertaining to NEW YORKER BOILER COMPANY, INC.,
`
`refers all questions of law to the Court, and denies knowledge or information sufficient to form a
`
`belief as to the truth of allegations contained in this paragraph pertaining to the remaining
`
`Defendants.
`
`53. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “105” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`54. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “106” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`{C0214901.1}
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
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`
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`55. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “107” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`56. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “108” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`57. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “109” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`58. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “110” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`59. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “111” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`{C0214901.1}
`
`
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
`
`
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`60. Defendant, NEW YORKER BOILER COMPANY, INC., denies the allegations
`
`contained in Paragraph “112” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information sufficient to form a belief as to the truth of allegations contained in this paragraph
`
`pertaining to the remaining Defendants.
`
`WHEREFORE, Defendant, NEW YORKER BOILER COMPANY, INC., denies it is
`
`liable for any damages, compensatory, punitive, or otherwise.
`
`AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
`
`61.
`
`Defendant, NEW YORKER BOILER COMPANY, INC., herein repeats,
`
`reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “112,”
`
`inclusive, of Plaintiffs’ Verified Complaint as if set forth in full herein.
`
`62.
`
`The allegations in Paragraph “114” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “114” of the Plaintiffs’ Verified Complaint.
`
`63.
`
`The allegations in Paragraph “115” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “115” of the Plaintiffs’ Verified Complaint.
`
`{C0214901.1}
`
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`15
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
`
`
`
`64.
`
`The allegations in Paragraph “116” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “116” of the Plaintiffs’ Verified Complaint.
`
`65.
`
`The allegations in Paragraph “117” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “117” of the Plaintiffs’ Verified Complaint.
`
`66.
`
`The allegations in Paragraph “118” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “118” of the Plaintiffs’ Verified Complaint.
`
`67.
`
`The allegations in Paragraph “119” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “119” of the Plaintiffs’ Verified Complaint.
`
`68.
`
`The allegations in Paragraph “120” of the Plaintiffs’ Verified Complaint are
`
`directed to a party other than NEW YORKER BOILER COMPANY, INC. and no response is
`
`required. To the extent that any response is required, NEW YORKER BOILER COMPANY,
`
`{C0214901.1}
`
`
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`FILED: ERIE COUNTY CLERK 02/27/2024 04:20 PM
`NYSCEF DOC. NO. 65
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/27/2024
`
`
`
`INC. denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`in Paragraph “120” of the Plaintiffs’ Verified Complaint.
`
`AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION
`
`69.
`
`Defendant, NEW YORKER BOILER COMPANY, INC., herein repeats,
`
`reiterates, and re-alleges each and every answer heretofore made to Paragraphs “1” through “120,”
`
`inclusive, of Plaintiffs’ Verified Complaint as if set forth in full herein.
`
`70. Defendant, NEW YORKER BOILER COMPANY, INC. denies the allegations
`
`contained in Paragraph “122” of the Plaintiffs’ Verified Complaint pertaining to NEW YORKER
`
`BOILER COMPANY, INC., refers all questions of law to the Court, and denies knowledge or
`
`information