FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`DENNIS KILKENNY and PATRICIA KILKENNY,
`
` Plaintiff(s),
`
` -against-
`
`AII ACQUISITION, LLC, F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES, INC., F/K/A
`HOLLAND FURNACE COMPANY, et al.,
`
` Defendants.
`-----------------------------------------------------------------------x
`
`Index No. 190011/2024
`
`VERIFIED ANSWER
`
`Defendant MOTOROLA SOLUTIONS, INC., by its attorneys, GORDON REES
`
`SCULLY MANSUKHANI LLP, for its answer to plaintiffs’ Verified Complaint alleges on
`
`information and belief:
`
`1.
`
` Defendant denies all material allegations in plaintiffs’ Verified Complaint
`
`as they pertain to MOTOROLA SOLUTIONS, INC.
`
`2.
`
` Defendant denies knowledge or information sufficient to form a belief as to
`
`the truth of each and every other allegation contained in plaintiffs’ Verified Complaint.
`
`3.
`
`Defendant reserves the right to amend this answer and to assert additional
`
`defenses and/or to supplement, alter, or change this answer upon ascertaining additional facts
`
`during and upon completion of discovery and investigations.
`
`WHEREFORE, defendant MOTOROLA SOLUTIONS, INC. demands dismissal of the
`
`Complaint and any and all Cross-Claims.
`
`AS AND FOR A FIRST SEPARATE AND COMPLETE DEFENSE
`
`The Verified Complaint fails to state a cause of action against MOTOROLA SOLUTIONS,
`
`INC.
`
`1 of 13
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`NYSCEF DOC. NO. 20
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`DENNIS KILKENNY and PATRICIA KILKENNY,
`
` Plaintiff(s),
`
` -against-
`
`AII ACQUISITION, LLC, F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES, INC., F/K/A
`HOLLAND FURNACE COMPANY, et al.,
`
` Defendants.
`-----------------------------------------------------------------------x
`
`Index No. 190011/2024
`
`VERIFIED ANSWER
`
`Defendant MOTOROLA SOLUTIONS, INC., by its attorneys, GORDON REES
`
`SCULLY MANSUKHANI LLP, for its answer to plaintiffs’ Verified Complaint alleges on
`
`information and belief:
`
`1.
`
` Defendant denies all material allegations in plaintiffs’ Verified Complaint
`
`as they pertain to MOTOROLA SOLUTIONS, INC.
`
`2.
`
` Defendant denies knowledge or information sufficient to form a belief as to
`
`the truth of each and every other allegation contained in plaintiffs’ Verified Complaint.
`
`3.
`
`Defendant reserves the right to amend this answer and to assert additional
`
`defenses and/or to supplement, alter, or change this answer upon ascertaining additional facts
`
`during and upon completion of discovery and investigations.
`
`WHEREFORE, defendant MOTOROLA SOLUTIONS, INC. demands dismissal of the
`
`Complaint and any and all Cross-Claims.
`
`AS AND FOR A FIRST SEPARATE AND COMPLETE DEFENSE
`
`The Verified Complaint fails to state a cause of action against MOTOROLA SOLUTIONS,
`
`INC.
`
`1 of 13
`
`
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`NYSCEF DOC. NO. 20
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A SECOND SEPARATE AND COMPLETE DEFENSE
`
`This Court lacks jurisdiction over the subject matter of this action.
`
`AS AND FOR A THIRD SEPARATE AND COMPLETE DEFENSE
`
`This Court lacks personal jurisdiction over MOTOROLA SOLUTIONS, INC.
`
`AS AND FOR A FOURTH SEPARATE AND COMPLETE DEFENSE
`
`The lawsuit was not commenced by plaintiff within the time prescribed by law and the
`
`plaintiff, therefore, is barred from recovery pursuant to applicable statutes of limitations.
`
`AS AND FOR A FIFTH SEPARATE AND COMPLETE DEFENSE
`
`The claims of plaintiff are barred by the doctrine of laches.
`
`AS AND FOR A SIXTH SEPARATE AND COMPLETE DEFENSE
`
`The damages allegedly sustained by plaintiff were caused, in whole or in part, by the
`
`negligence or other culpable conduct of plaintiff and/or other defendants, which conduct
`
`constituted a supervening cause of plaintiffs’ alleged injuries.
`
`AS AND FOR A SEVENTH SEPARATE AND COMPLETE DEFENSE
`
`Insofar as the Verified Complaint and each cause of action considered separately allege a
`
`cause of action occurring after September 1, 1975, each such cause of action is barred by reason
`
`of the culpable conduct attributable to plaintiff, including contributory negligence and assumption
`
`of the risk.
`
`AS AND FOR AN EIGHTH SEPARATE AND COMPLETE DEFENSE
`
`Any damages allegedly sustained by the plaintiff were the proximate result of an
`
`unforeseen occurrence and/or unforeseeable negligence, gross negligence, wanton, reckless or
`
`intentional conduct constituting an intervening or superseding act or omission or other conduct by
`
`third parties.
`
`2 of 13
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`NYSCEF DOC. NO. 20
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
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`AS AND FOR A NINTH SEPARATE AND COMPLETE DEFENSE
`
`The damages allegedly sustained by plaintiff were caused, in whole or in part, by the
`
`negligence or other culpable conduct of one or more persons or instrumentalities over which
`
`MOTOROLA SOLUTIONS, INC. had no control and with whom it had no legal relationship.
`
`AS AND FOR A TENTH SEPARATE AND COMPLETE DEFENSE
`
`The damages allegedly sustained by plaintiff were caused, in whole or in part, through
`
`unavoidable natural consequences.
`
`AS AND FOR AN ELEVENTH SEPARATE AND COMPLETE DEFENSE
`
`If the plaintiff sustained damages as alleged, such damages occurred while they engaged
`
`in activities into which they entered, knowing the hazard, risk and danger of the activities and they
`
`assumed the risks incidental to and attendant to the activities.
`
`AS AND FOR A TWELFTH SEPARATE AND COMPLETE DEFENSE
`
`All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July 31, 1986)
`
`are time-barred in that said statute is in violation of the Constitution of the United States and the
`
`Constitution of the State of New York.
`
`AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE DEFENSE
`
`This action cannot be maintained, as there is another action pending for the same relief.
`
`AS AND FOR A FOURTEENTH SEPARATE AND COMPLETE DEFENSE
`
`To the extent that any injury relating to plaintiff occurred in the context of an employer-
`
`employee relationship, claims for said injuries are preempted by the Workers’ Compensation Act.
`
`AS AND FOR A FIFTEENTH SEPARATE AND COMPLETE DEFENSE
`
`No acts or omissions of MOTOROLA SOLUTIONS, INC. proximately caused plaintiffs’
`
`damages.
`
`3 of 13
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`
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`FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A SIXTEENTH SEPARATE AND COMPLETE DEFENSE
`
`Any asbestos-containing product of or used in conjunction with products sold by
`
`MOTOROLA SOLUTIONS, INC. that may have been present at plaintiffs’ job locations were
`
`installed or configured on the basis of the specifications, approval or at the instruction of
`
`governmental or legislative agencies or other regulatory bodies.
`
`AS AND FOR A SEVENTEENTH SEPARATE AND COMPLETE DEFENSE
`
`The damages sustained by plaintiff arising from their alleged exposure to asbestos-
`
`containing products while working on or near the equipment or other product allegedly
`
`manufactured or sold by MOTOROLA SOLUTIONS, INC. (the “Product”), were caused, in whole
`
`or in part, by the improper use and operation of the Product, rather than any defect in the design,
`
`manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale
`
`or inspection of the Product by MOTOROLA SOLUTIONS, INC.
`
`AS AND FOR AN EIGHTEENTH SEPARATE AND COMPLETE DEFENSE
`
`The damages sustained by the plaintiff which allegedly arose from the product were caused
`
`by its alteration, misuse and/or improper maintenance by one or more persons or instrumentalities
`
`other than MOTOROLA SOLUTIONS, INC., rather than any defect in the design, manufacture,
`
`production, assemblage, installation, testing, labeling, marketing, distribution, sale or inspection
`
`of the product by MOTOROLA SOLUTIONS, INC.
`
`AS AND FOR A NINETEENTH SEPARATE AND COMPLETE DEFENSE
`
`MOTOROLA SOLUTIONS, INC. is not liable for the damages allegedly sustained by
`
`plaintiff because plaintiff is not in privity of contract with MOTOROLA SOLUTIONS, INC. at
`
`any time and the Product was not inherently dangerous.
`
`4 of 13
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A TWENTIETH SEPARATE AND COMPLETE DEFENSE
`
`The Product was in all respects fit and suitable for its intended and reasonably foreseeable
`
`uses and was not in a defective or dangerous condition when it left MOTOROLA SOLUTIONS,
`
`INC.’s possession and control.
`
`AS AND FOR A TWENTY-FIRST SEPARATE AND COMPLETE DEFENSE
`
`No implied warranties, including the warranties of merchantability and fitness for a
`
`particular purpose, became a part of the basis of the bargain in the sale of the product.
`
`AS AND FOR A TWENTY-SECOND SEPARATE AND COMPLETE DEFENSE
`
`Oral warranties upon which plaintiff allegedly relied are unavailable as violative of the
`
`provisions of the applicable Statute of Frauds.
`
`AS AND FOR A TWENTY-THIRD SEPARATE AND COMPLETE DEFENSE
`
`To the extent that plaintiff sustained injuries from the use of a product sold by
`
`MOTOROLA SOLUTIONS, INC. that is alleged to have contained asbestos, which is denied,
`
`plaintiffs, plaintiffs’ decedents, other defendants or other parties not under the control of
`
`MOTOROLA SOLUTIONS, INC. misused, abused, misapplied and otherwise mishandled the part
`
`of the product alleged to have been asbestos material. Therefore, the amount of damages must be
`
`diminished by the proportion, which said misuse, abuse, misapplication and mishandling bears to
`
`the conduct, which allegedly caused plaintiffs’ damage or injury.
`
`AS AND FOR A TWENTY-FOURTH SEPARATE AND COMPLETE DEFENSE
`
`In the event it should be proven at the time of trial that all the defendants are subject to
`
`market share liability, then MOTOROLA SOLUTIONS, INC.’s share of such liability would be
`
`of such a de minimis amount as to make its contribution for damages negligible, and MOTOROLA
`
`5 of 13
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`
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`SOLUTIONS, INC. would be entitled to contribution, either in whole or in part, from co-
`
`defendants.
`
`AS AND FOR A TWENTY-FIFTH SEPARATE AND COMPLETE DEFENSE
`
`MOTOROLA SOLUTIONS, INC. denies that the asbestos products alleged in plaintiffs’
`
`verified complaint are products within the meaning and scope of the restatement of torts section
`
`402a and as such the verified complaint fails to state a cause of action in strict liability.
`
`AS AND FOR A TWENTY-SIXTH SEPARATE AND COMPLETE DEFENSE
`
`MOTOROLA SOLUTIONS, INC. had no knowledge or reason to know of any alleged
`
`risks associated with asbestos and/or asbestos-containing products at the time of sale or at any
`
`other time during plaintiffs’ alleged exposure.
`
`AS AND FOR A TWENTY-SEVENTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiff did not directly or indirectly purchase any asbestos-containing products from
`
`MOTOROLA SOLUTIONS, INC. and, therefore, was not the recipient of an express or implied
`
`warranty made by MOTOROLA SOLUTIONS, INC.
`
`AS AND FOR A TWENTY-EIGHTH SEPARATE AND COMPLETE DEFENSE
`
`To the extent plaintiff was exposed to any product containing asbestos as a result of conduct
`
`by MOTOROLA SOLUTIONS, INC., which is denied, said exposure was de minimis and not a
`
`substantial contributing factor to any asbestos-related disease which plaintiff may have developed,
`
`such that plaintiffs’ claim is not actionable at law or equity.
`
`AS AND FOR A TWENTY-NINTH SEPARATE AND COMPLETE DEFENSE
`
`Exposure to asbestos fibers allegedly attributable to MOTOROLA SOLUTIONS, INC.
`
`was so de minimis so as to be insufficient as a matter of law to enable plaintiff to establish to a
`
`6 of 13
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`
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`FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
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`reasonable degree of probability that the products are capable of causing injury or damages and
`
`must be considered speculative as a matter of law.
`
`AS AND FOR A THIRTIETH SEPARATE AND COMPLETE DEFENSE
`
`Finished or otherwise encapsulated asbestos-containing products are not unreasonably
`
`dangerous as a matter of law.
`
`AS AND FOR A THIRTY-FIRST SEPARATE AND COMPLETE DEFENSE
`
`If MOTOROLA SOLUTIONS, INC. was on notice of any hazard or defect for which
`
`plaintiff seeks relief, which MOTOROLA SOLUTIONS, INC. denies, plaintiff also had such
`
`notice of the existing hazard at or about the same time as MOTOROLA SOLUTIONS, INC., and
`
`is thereby is barred from recovery.
`
`AS AND FOR A THIRTY-SECOND SEPARATE AND COMPLETE DEFENSE
`
`There is no justiciable issue or controversy.
`
`AS AND FOR A THIRTY-THIRD SEPARATE AND COMPLETE DEFENSE
`
`The claims for damages have not accrued, are purely speculative, uncertain and contingent.
`
`AS AND FOR A THIRTY-FOURTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ claim is barred under applicable state and federal law.
`
`AS AND FOR A THIRTY-FIFTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiff voluntarily assumed the risk of injury.
`
`AS AND FOR A THIRTY-SIXTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ injury was not foreseeable.
`
`AS AND FOR A THIRTY-SEVENTH SEPARATE AND COMPLETE DEFENSE
`
`MOTOROLA SOLUTIONS, INC. was under no duty to warn purchasers, their employees,
`
`other independent contractors, or those under their control. If such warning was required,
`
`7 of 13
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`FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
`NYSCEF DOC. NO. 20
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`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/07/2024
`
`purchaser or plaintiffs’ employer owed a duty to warn and their failure to do so was a superseding
`
`proximate cause of injury.
`
`AS AND FOR A THIRTY-EIGHTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs were warned of risk of exposure to use of asbestos-containing materials and failed
`
`to take necessary or recommended precautions to prevent against the risk of injury.
`
`AS AND FOR A THIRTY-NINTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ claims are barred under applicable law pursuant to public policy, since social
`
`utility and benefit of asbestos-containing products outweighed the risk at the time of plaintiffs’
`
`alleged exposure.
`
`AS AND FOR A FORTIETH SEPARATE AND COMPLETE DEFENSE
`
`To the extent plaintiff seeks to maintain a claim for relief on behalf of any decedent, said
`
`plaintiff lacks capacity and/or standing to maintain such claim for relief against MOTOROLA
`
`SOLUTIONS, INC.
`
`AS AND FOR A FORTY-FIRST SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ claims are barred because of plaintiffs’ failure to join necessary and
`
`indispensable parties.
`
`AS AND FOR A FORTY-SECOND SEPARATE AND COMPLETE DEFENSE
`
`Plaintiff may not bring this action as they have failed to exhaust all of their administrative
`
`remedies.
`
`AS AND FOR A FORTY-THIRD SEPARATE AND COMPLETE DEFENSE
`
`Plaintiff and/or plaintiffs’ decedents failed to mitigate or otherwise act to lessen or reduce
`
`the injuries alleged in the verified complaint.
`
`8 of 13
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`
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`FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A FORTY-FOURTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ cause of action for exemplary or punitive damages is barred because such
`
`damages are not recoverable under applicable law or otherwise unwarranted in this action.
`
`AS AND FOR A FORTY-FIFTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ demands for punitive damages are barred by the due process clauses of the
`
`Fourteenth Amendment to the United States Constitution and the New York State Constitution.
`
`AS AND FOR A FORTY-SIXTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ demands for punitive damages are barred by the proscription of the Eighth
`
`Amendment to the United States Constitution, as applied to the states through the Fourteenth
`
`Amendment, and Article I, Section 5 of the New York State Constitution prohibiting the
`
`imposition of excessive fines.
`
`AS AND FOR A FORTY-SEVENTH SEPARATE AND COMPLETE DEFENSE
`
`Plaintiffs’ demands for punitive damages are barred by the "double jeopardy" clause of the
`
`Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth
`
`Amendment, and Article I, Section 6 of the New York State Constitution.
`
`AS AND FOR A FORTY-EIGHTH SEPARATE AND COMPLETE DEFENSE
`
`If plaintiff sustained injuries in the manner alleged, all of which has been denied by
`
`MOTOROLA SOLUTIONS, INC., the liability of MOTOROLA SOLUTIONS, INC., if any, shall
`
`be limited in accordance with Article 16 of the Civil Practice Law and Rules.
`
`AS AND FOR A FORTY-NINTH SEPARATE AND COMPLETE DEFENSE
`
`At all times relevant to this litigation, MOTOROLA SOLUTIONS, INC. complied with all
`
`applicable law, regulations and standards.
`
`9 of 13
`
`
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`FILED: NEW YORK COUNTY CLERK 02/07/2024 07:18 PM
`NYSCEF DOC. NO. 20
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A FIFTIETH SEPARATE AND COMPLETE DEFENSE
`
`Relief is barred by virtue of the doctrines of estoppel, collateral estoppel, and waiver.
`
`AS AND FOR A FIFTY-FIRST SEPARATE AND COMPLETE DEFENSE
`
`That at all times relevant to this litigation, the agents, servants and/or employees of
`
`MOTOROLA SOLUTIONS, INC. utilized proper methods in the conduct of its operations, in
`
`conformity with the available knowledge and research of the scientific and industrial communities,
`
`and thereby complied with the state of the art existing at all relevant times.
`
`AS AND FOR A FIFTY-SECOND SEPARATE AND COMPLETE DEFENSE
`
`Plaintiff contributed to the illness, either in whole or in part, by exposure to or the use of
`
`tobacco products and/or other substances, products, medications or drugs.
`
`AS AND FOR A FIFTY-THIRD SEPARATE AND COMPLETE DEFENSE
`
`Upon information and belief, some or all of the causes of action may not be maintained
`
`because of arbitration and award.
`
`AS AND FOR A FIFTY-FOURTH SEPARATE AND COMPLETE DEFENSE
`
`Upon information and belief, some or all of the causes of action may not be maintained
`
`because of discharge in bankruptcy.
`
`AS AND FOR A FIFTY-FIFTH SEPARATE AND COMPLETE DEFENSE
`
`Upon information and belief, some or all of the causes of action may not be
`
`maintained because of payment.
`
`AS AND FOR A FIFTY-SIXTH SEPARATE AND COMPLETE DEFENSE
`
`Upon information and belief, some or all of the causes of action may not be maintained
`
`because of release.
`
`10 of 13
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`
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/07/2024
`
`AS AND FOR A FIFTY-SEVENTH SEPARATE AND COMPLETE DEFENSE
`
`Upon information and belief, some or all of the causes of action may not be maintained
`
`because of res judicata.
`
`AS AND FOR A FIFTY-EIGHTH SEPARATE AND COMPLETE DEFENSE
`
`All defenses which have been or will be asserted by other defendants and/or any third-
`
`party defendants in this action are adopted and incorporated by reference as if fully set forth at
`
`length herein as defenses to plaintiffs’ Verified Complaint. In addition, MOTOROLA
`
`SOLUTIONS, INC. will rely upon any and all other further defenses which become available or
`
`appear during discovery proceedings in this action and hereby specifically reserves the right to
`
`amend its answer for the purposes of asserting any such additional defenses.
`
`AS AND FOR A FIFTY-NINTH SEPARATE AND COMPLETE DEFENSE
`
`To the extent plaintiff brings suit in a representative capacity, such plaintiff has failed to
`
`allege sufficient facts to demonstrate legal capacity to sue pursuant to New York Estate Powers
`
`and Trusts Law §5-1.1 to 5-4.6.
`
`CROSS-CLAIMS
`
`That if plaintiff sustained the damages in the manner and at the time and place alleged by
`
`reason other than plaintiffs’ own carelessness, recklessness, negligence and/or acts of omission or
`
`commission and if it is found that the MOTOROLA SOLUTIONS, INC. is liable to plaintiff
`
`herein, all of which is specifically denied, then MOTOROLA SOLUTIONS, INC., on the basis of
`
`apportionment of responsibility for the alleged occurrence, is entitled to indemnification and/or
`
`contribution from the co-defendants and judgment over and against the aforementioned co-
`
`defendants, as a result of the carelessness, recklessness, negligence and/or acts of omission or
`
`commission and/or breach of warranty and/or breach of contract and/or strict or statutory liability
`
`11 of 13
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`of said co-defendants, their agents, servants and/or employees for all or part of any verdict or
`
`judgment that plaintiff may recover against MOTOROLA SOLUTIONS, INC.
`
`REPLY TO CROSS-CLAIMS
`
`MOTOROLA SOLUTIONS, INC. denies any and all cross-claims now or hereafter
`
`asserted against MOTOROLA SOLUTIONS, INC.; asserts all defenses including those set forth
`
`above; and avers that it is not liable to plaintiffs, to defendants, to any third-party defendant or to
`
`any others.
`
`WHEREFORE, defendant MOTOROLA SOLUTIONS, INC. requests judgment in its
`
`favor dismissing the Verified Complaint, judgment in its favor and against all co-defendants for
`
`all or part of any sum awarded in favor of the plaintiff and against MOTOROLA SOLUTIONS,
`
`INC. and for such other and further relief as the Court may deem just and proper.
`
`Dated: New York, New York
`February 7, 2024
`
`MOTOROLA SOLUTIONS, INC.
`
`By:
`
`_________________________________
`Virginia Squitieri, Esq.
`GORDON REES SCULLY
`MANSUKHANI LLP
`Attorneys for Defendant
`One Battery Park Plaza
`New York, New York 10004
`(212) 269-5500
`
`TO: All Counsel of Record
`(via NYSCEF)
`
`12 of 13
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`RECEIVED NYSCEF: 02/07/2024
`
`VERIFICATION
`
`STATE OF NEW YORK
`
`)
`) ss
`COUNTY OF NEW YORK )
`
`The undersigned, being an attorney duly admitted to practice law before all the Courts of
`the State of New York and fully aware of the penalties of perjury, hereby affirms the following to
`be true:
`
`Affirmant is a partner with the law firm of GORDON REES SCULLY
`1.
`MANSUKHANI LLP, attorneys for the defendant MOTOROLA SOLUTIONS, INC. in the within
`action and is fully familiar with the facts and circumstances involved in this matter from reviewing
`the file regarding the same maintained in the offices of said law firm.
`
`Affirmant has read the foregoing Verified Answer and knows the contents thereof,
`2.
`and the same are true to affirmant's own knowledge, except as to those matters asserted upon
`information and belief, and as to those matters, affirmant believes them to be true.
`
`Affirmant further states that the reason this Verified Answer is made by the
`3.
`undersigned and not by the defendant is because said party does not reside or have a place of
`business in New York County where the offices of said attorneys are located.
`
`The grounds of the affirmant's belief as to all matters not stated to be upon
`4.
`information and belief, affirmant's knowledge are investigative and other information contained in
`the file of the said law firm.
`
`Dated: New York, New York
`February 7, 2024
`
`___________________
`Virginia Squitieri, Esq.
`
`1309249/77070029v.1
`
`13 of 13
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