FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`VERIFIED ANSWER OF
`DEFENDANT TO PLAINTIFFS’
`VERIFIED COMPLAINT
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`Index No. 190011-2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`______________________________________________
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`DENNIS KILKENNY and
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`PATRICIA KILKENNY,
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`Plaintiffs,
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`-against-
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`AII ACQUISITION, LLC, et al.,
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`Defendants.
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`________________________________________________
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`Defendant, Paramount Global, f/k/a ViacomCBS Inc., f/k/a CBS Corporation, a
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`Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a
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`Pennsylvania corporation, f/k/a Westinghouse Electric Corporation, (hereinafter
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`“Westinghouse”) by its attorneys Tanenbaum Keale LLP, answers the Verified Complaint
`(hereinafter “Complaint”) of Plaintiffs ("Plaintiff" herein referred to singularly or plurally,
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`living or deceased, possessively and/or in any such capacity as may apply), and says:
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`1.
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`Westinghouse denies knowledge and information sufficient to form a belief
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`with respect to the truth of the allegations contained in Paragraph 1 of the Complaint.
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`
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`2.
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`Defendant admits that as Westinghouse it had conducted business in the State
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`of New York. The remaining allegations in Paragraph 2 of the Complaint are so broad, vague,
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`and ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`3.
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`Westinghouse denies the allegations contained in Paragraph 3 of the Complaint
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`insofar as the allegations pertain to Westinghouse or to any product manufactured, sold, or
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`distributed by Westinghouse.
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`1 of 27
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`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`VERIFIED ANSWER OF
`DEFENDANT TO PLAINTIFFS’
`VERIFIED COMPLAINT
`
`
`
`Index No. 190011-2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`______________________________________________
`
`DENNIS KILKENNY and
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`
`PATRICIA KILKENNY,
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`
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`
`
`Plaintiffs,
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`
`
`
`
`
`
`
`
`-against-
`
`
`
`AII ACQUISITION, LLC, et al.,
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`Defendants.
`
`
`
`________________________________________________
`
`
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`Defendant, Paramount Global, f/k/a ViacomCBS Inc., f/k/a CBS Corporation, a
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`Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a
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`Pennsylvania corporation, f/k/a Westinghouse Electric Corporation, (hereinafter
`
`“Westinghouse”) by its attorneys Tanenbaum Keale LLP, answers the Verified Complaint
`(hereinafter “Complaint”) of Plaintiffs ("Plaintiff" herein referred to singularly or plurally,
`
`living or deceased, possessively and/or in any such capacity as may apply), and says:
`
`1.
`
`Westinghouse denies knowledge and information sufficient to form a belief
`
`with respect to the truth of the allegations contained in Paragraph 1 of the Complaint.
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`
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`2.
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`Defendant admits that as Westinghouse it had conducted business in the State
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`of New York. The remaining allegations in Paragraph 2 of the Complaint are so broad, vague,
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`and ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`3.
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`Westinghouse denies the allegations contained in Paragraph 3 of the Complaint
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`insofar as the allegations pertain to Westinghouse or to any product manufactured, sold, or
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`distributed by Westinghouse.
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`RECEIVED NYSCEF: 02/12/2024
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`4.
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`The allegations contained in paragraph 4 of the Complaint call for a legal
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`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
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`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
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`same.
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`
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`5.
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`Westinghouse denies the allegations contained in Paragraph 5 of the Complaint
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`insofar as the allegations pertain to Westinghouse or to any product manufactured, sold, or
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`distributed by Westinghouse.
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`
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`6.
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`Westinghouse denies the allegations contained in Paragraph 6 of the Complaint
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`insofar as the allegations pertain to Westinghouse or to any product manufactured, sold, or
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`distributed by Westinghouse.
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`
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`7.
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`Westinghouse denies the allegations contained in Paragraph 7 of the Complaint
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`insofar as the allegations pertain to Westinghouse or to any product manufactured, sold, or
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`distributed by Westinghouse.
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`
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`8.
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`Westinghouse denies knowledge and information sufficient to form a belief
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`with respect to the truth of the allegations contained in Paragraph 8 of the Complaint.
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`9.
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`The allegations contained in Paragraph 9 of the Complaint call for a legal
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`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
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`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
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`same.
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`RESPONSE TO THE FIRST CAUSE OF ACTION
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`Westinghouse repeats and reiterates each and every answer to each and every
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`allegation contained in Paragraphs “1” through “9”, with the same force and effects as if
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`hereinafter set forth at length.
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`10. Westinghouse denies knowledge and information sufficient to form a belief
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`with respect to the truth of the allegations contained in Paragraph 10 of the Complaint.
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`11.
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`The allegations in Paragraph 11 of the Complaint are so broad, vague, and
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`10therefore denies these allegations.
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`12.
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`The allegations in Paragraph 12 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. .
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`
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`13.
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`The allegations in Paragraph 13 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`14.
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`The allegations in Paragraph 14 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. .
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`
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`15.
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`The allegations in Paragraph 15 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`16.
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`The allegations in Paragraph 16 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`17. The allegations in Paragraph 17 of the Complaint, including subparagraphs (a)
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`through (h), are so broad, vague, and ambiguous that Westinghouse cannot reasonably
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`respond to the same. Westinghouse therefore denies these allegations
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`3
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`18.
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`The allegations in Paragraph 18 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
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`to the Plaintiff’s alleged injuries, diseases, pain, suffering, anxiety, distress, trauma and
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`anguish.
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`19.
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` The allegations in Paragraph 19 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
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`to the Plaintiff’s alleged injuries and diseases.
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`20.
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`The allegations in Paragraph 20 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
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`to the Plaintiff’s alleged impairments.
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`21.
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`The allegations in Paragraph 21 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
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`to the Plaintiff’s alleged expenses.
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`22.
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`The allegations in Paragraph 22 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
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`to the Plaintiff’s alleged diminished earning capacity.
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`23.
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`The allegations in Paragraph 23 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`24.
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`The allegations in Paragraph 24 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`25.
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`The allegations in Paragraph 25 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`26.
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`The allegations in Paragraph 26 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`27. Westinghouse denies the allegations contained in Paragraph 27 of the
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`Complaint insofar as the allegations pertain to Westinghouse.
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`28.
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`The allegations in Paragraph 28 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`29.
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`The allegations in Paragraph 29 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`30. Westinghouse denies the allegations contained in Paragraph 30 of the
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`Complaint insofar as the allegations pertain to Westinghouse.
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`RECEIVED NYSCEF: 02/12/2024
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`31.
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`The allegations in Paragraph 31 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`32.
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`The allegations in Paragraph 32 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`33.
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`The allegations in Paragraph 33 of the Complaint, including subparagraphs (a)
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`through (j), are so broad, vague, and ambiguous that Westinghouse cannot reasonably
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`respond to the same.
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`34. Westinghouse denies the allegations contained in Paragraph 34 of the
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`Complaint insofar as the allegations pertain to Westinghouse.
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`35. Westinghouse denies the allegations contained in Paragraph 35 of the
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`Complaint insofar as the allegations pertain to Westinghouse. Westinghouse further denies
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`that it caused or contributed to the Plaintiff’s alleged diseases and injuries.
`allegation contained in Paragraphs “1” through “35”, with the same force and effects as if
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`RESPONSE TO THE SECOND CAUSE OF ACTION
`
`Westinghouse repeats and reiterates each and every answer to each and every
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`
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`hereinafter set forth at length.
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`
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`36.
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`The allegations in Paragraph 36 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations
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`6
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`6 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`37.
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`The allegations in Paragraph 37 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`38.
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`The allegations in Paragraph 38 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations
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`
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`39. Westinghouse denies the allegations contained in Paragraph 39 of the
`
`Complaint insofar as they pertain to Westinghouse. Westinghouse further denies that it
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`RESPONSE TO THE THIRD CAUSE OF ACTION
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`Westinghouse repeats and reiterates each and every answer to each and every
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`
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`caused or contributed to the Plaintiff’s alleged diseases and damages.
`allegation contained in Paragraphs “1” through “39”, with the same force and effects as if
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`hereinafter set forth at length.
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`
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`40.
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`The allegations in Paragraph 40 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`41.
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`The allegations contained in Paragraph 41 of the Complaint call for a legal
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`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
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`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
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`same.
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`7
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`RESPONSE TO THE FOURTH CAUSE OF ACTION
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`Defendant Westinghouse repeats and reiterates each and every answer to each and
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`every allegation contained in Paragraphs “1” through “41”, with the same force and effects as
`and every allegation contained in Paragraphs “1” through “41”, with the same force and
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`if hereinafter set forth at length.
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`
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`42.
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`Defendant Westinghouse repeats and reiterates each and every answer to each
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`effects as if hereinafter set forth at length.
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`43.
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`The allegations in Paragraph 43 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`44.
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`The allegations in Paragraph 44 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`45.
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`The allegations in Paragraph 45 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`46.
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`The allegations in Paragraph 46 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`47.
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`The allegations in Paragraph 47 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`RECEIVED NYSCEF: 02/12/2024
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`48.
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`The allegations in Paragraph 48 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`49.
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`The allegations in Paragraph 49 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`50.
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`The allegations in Paragraph 50 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`51.
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`The allegations in Paragraph 51 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`52.
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`The allegations contained in Paragraph 52 of the Complaint, including all
`
`subparagraphs, call for a legal conclusion and Westinghouse refers all conclusions of law to
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`the Court. To the extent that these allegations hold Westinghouse liable of wrongful conduct,
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`Westinghouse denies the same.
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`
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`53.
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`The allegations in Paragraph 53 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`
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`54.
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`The allegations in Paragraph 54 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`55.
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`The allegations contained in Paragraph 55 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
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`same.
`
`
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`56.
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`The allegations contained in Paragraph 56 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
`
`same.
`
`57.
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`The allegations contained in Paragraph 57 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
`
`same.
`
`58.
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`The allegations in Paragraph 58 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
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`
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`59.
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`The allegations in Paragraph 59 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
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`60.
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`The allegations in Paragraph 60 of the Complaint are so broad, vague, and
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`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
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`therefore denies these allegations.
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`RECEIVED NYSCEF: 02/12/2024
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`61.
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`The allegations in Paragraph 61 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
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`62.
`
`The allegations in Paragraph 62 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`63.
`
`The allegations in Paragraph 63 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
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`64.
`
`The allegations contained in Paragraph 64 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
`
`same.
`
`
`
`65.
`
`The allegations in Paragraph 65 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`66.
`
`The allegations in Paragraph 66 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`67.
`
`The allegations in Paragraph 67 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`
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`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`68.
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`The allegations contained in Paragraph 68 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
`
`same.
`
`RESPONSE TO THE FIFTH CAUSE OF ACTION
`
`
`
`Defendant Westinghouse repeats and reiterates each and every answer to each and
`
`every allegation contained in Paragraphs “1” through “68”, with the same force and effects as
`and every allegation contained in Paragraphs “1” through “68”, with the same force and
`
`if hereinafter set forth at length.
`
`
`
`69.
`
`Defendant Westinghouse repeats and reiterates each and every answer to each
`
`effects as if hereinafter set forth at length.
`
`
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`70.
`
`The allegations in Paragraph 70 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`71.
`
`The allegations in Paragraph 71 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`72.
`
`The allegations in Paragraph 72 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
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`73.
`
`The allegations in Paragraph 73 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`74.
`
`The allegations in Paragraph 74 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`75.
`
`The allegations in Paragraph 75 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`76.
`
`The allegations in Paragraph 76 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`77.
`
`The allegations in Paragraph 77 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`78.
`
`The allegations in Paragraph 78 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`79.
`
`The allegations in Paragraph 79 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`
`13
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`13 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
`
`
`
`80.
`
`The allegations in Paragraph 80 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`81.
`
`The allegations in Paragraph 81 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`82.
`
`The allegations in Paragraph 82 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`RESPONSE TO THE SIXTH CAUSE OF ACTION
`
`Defendant Westinghouse repeats and reiterates each and every answer to each and
`
`to the Plaintiff’s alleged injuries.
`every allegation contained in Paragraphs “1” through “82”, with the same force and effects as
`and every allegation contained in Paragraphs “1” through “82”, with the same force and
`
`if hereinafter set forth at length.
`
`
`
`83.
`
`Defendant Westinghouse repeats and reiterates each and every answer to each
`
`effects as if hereinafter set forth at length.
`
`
`
`84.
`
`The allegations in Paragraph 84 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`85.
`
`The allegations in Paragraph 85 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`14
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`14 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/12/2024
`
`
`
`86.
`
`The allegations in Paragraph 86 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries and damages.
`
`
`
`87.
`
`The allegations in Paragraph 87 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`88.
`
`The allegations in Paragraph 88 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`89.
`
`The allegations in Paragraph 89 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`90.
`
`The allegations in Paragraph 90 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries and damages.
`
`
`
`91.
`
`The allegations in Paragraph 91 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries, pain, suffering and damages.
`
`
`
`
`15
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`15 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/12/2024
`
`
`
`92.
`
`The allegations in Paragraph 92 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`93.
`
`The allegations in Paragraph 93 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`94.
`
`The allegations in Paragraph 94 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`95.
`
`The allegations in Paragraph 95 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`96.
`
`The allegations in Paragraph 96 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations. Westinghouse further denies that it caused or contributed
`
`to the Plaintiff’s alleged injuries.
`
`
`
`97.
`
`The allegations in Paragraph 97 of the Complaint are so broad, vague, and
`
`ambiguous that Westinghouse cannot reasonably respond to the same. Westinghouse
`
`therefore denies these allegations.
`
`
`
`98.
`
`The allegations contained in Paragraph 98 of the Complaint call for a legal
`
`conclusion and Westinghouse refers all conclusions of law to the Court. To the extent that
`
`
`
`
`16
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`16 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/12/2024
`
`these allegations hold Westinghouse liable of wrongful conduct, Westinghouse denies the
`
`same.
`
`
`
`RESPONSE TO THE SEVENTH CAUSE OF ACTION
`
`Defendant Westinghouse repeats and reiterates each and every answer to each and
`
`every allegation contained in Paragraphs “1” through “98”, with the same force and effects as
`
`if hereinafter set forth at length.
`
`
`
`99 Westinghouse denies the allegations contained in Paragraph 99 of the
`
`Complaint insofar as the allegations pertain to Westinghouse. Westinghouse further denies
`
`that it caused or contributed to the Spousal Plaintiff’s alleged pain, suffering, losses and
`
`damages.
`
`
`
`100. Westinghouse denies each and every allegation contained in the Complaint not
`
`specifically admitted herein.
`
`
`
`101. Westinghouse denies that the Plaintiffs are entitled to the relief requested in the
`
`addendum clauses contained at the end of the First through Seventh Causes of Action, and
`
`anywhere else so listed.
`
`AFFIRMATIVE DEFENSES
`
`
`
`1.
`
`In the event Plaintiff recovers a verdict or judgment against Westinghouse, then
`
`said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which
`
`have been or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part,
`
`for any past or future claims, economic loss, from any collateral source including but not
`
`limited to insurance, social security, workers’ compensation or employee benefit programs.
`Plaintiff’s claims are barred by the applicable statute of limitations.
`
`
`
`2.
`
`
`
`
`17
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`17 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/12/2024
`
`3.
`
`Westinghouse gave, made or otherwise extended no warranties, whether
`
`express or implied, upon which Plaintiff had a right to rely.
`
`Westinghouse breached no warranties, whether express or implied.
`
`The doctrine of strict liability in tort is inapplicable to this litigation.
`
`
`
`
`
`
`
`4.
`
`5.
`
`6.
`
`
`
`
`
`7.
`
`8.
`
`Plaintiff’s claims against Westinghouse are barred by the doctrine of
`Plaintiff’s delay in commencing suit has resulted in prejudice to Westinghouse
`
`assumption of the risk.
`
`Plaintiff fails to state a claim upon which relief may be granted.
`
`and the equitable doctrine of laches bars this suit.
`
`
`
`
`
`9.
`
`The Plaintiff failed to properly affect personal jurisdiction over Westinghouse.
`
`10.
`
`Claims brought under the New York Statute of Limitations enacted July 31, 1986
`
`are time-barred because the statute is unconstitutional.
`
`
`
`
`
`
`
`11.
`
`The Complaint must be dismissed by reason of improper venue.
`
`12.
`
`This Court lacks jurisdiction over the subject matter of this action.
`
`13.
`
`All claims which rely on New York Law, L.1986, C.682, Section 4 are time-
`
`barred in their entirety.
`
`
`
`14.
`
`This Court lacks jurisdiction over Westinghouse based on insufficient and
`
`untimely service of process.
`
`
`
`15. Westinghouse pleads that it is immune from civil liability of any form or nature
`
`in this matter under New York’s workers' compensation law if Plaintiff was an employee of
`
`Defendant during the period of alleged exposure. The said workers' compensation law
`
`provides Worker's Compensation benefits for the disability of an employee if such resulted
`
`
`
`
`18
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`18 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/12/2024
`
`from injury or occupational disease incurred or sustained in the course of employment as an
`
`exclusive remedy.
`
`
`
`16.
`
`The action is barred by virtue of the four year Statute of Limitations prescribed
`
`by Section 2-725 of the Uniform Commercial Code; by virtue of failure of Plaintiff to give
`
`requisite notice to this answering Defendant under Article 2 of the Uniform Commercial Code,
`
`in so far as a cause of action is alleged for breach of warranty or warranties, express or
`
`implied, as well as by virtue of the absence of privity or of any contractual relationship
`
`between the Plaintiff and Westinghouse.
`
`Plaintiff’s claims are time barred in that Section 214-C of the New York CPLR is
`
`
`
`17.
`
`unconstitutional.
`
`
`
`18.
`
`At all times during the conduct of its operations, all agents, servants and
`
`employees of Westinghouse used proper methods of handling the products complained of in
`
`conformity with the available knowledge, state of the art, and research of the scientific and
`
`industrial communities.
`
`
`
`19.
`
`To the extent that the Plaintiff was injured as a result of exposure to asbestos
`
`and/or asbestos-containing materials at a situs of construction, demolition, renovation or
`
`excavation where Westinghouse was a contractor or agent, which is denied, the presence or
`
`use of asbestos or asbestos-containing materials was a result of strict conformity with
`
`specifications or requirements supplied by such Plaintiff or Plaintiff’s employers, the United
`
`States Government or other third parties.
`
`
`
`20.
`
`To the extent that Plaintiff was exposed to any product containing asbestos as a
`
`result of conduct by Westinghouse, which is denied, said exposure was de minimis and not a
`
`
`
`
`19
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`19 of 27
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`FILED: NEW YORK COUNTY CLERK 02/12/2024 06:12 PM
`NYSCEF DOC. NO. 22
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/12/2024
`
`substantial contributing factor to any asbestos-r
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