`NYSCEF DOC. NO. 46
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`
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`IN RE: NEW YORK CITY
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` ASBESTOS LITIGATION
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`
`DENNIS KILKENNY AND PATRICIA KILKENNY,
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` Plaintiff(s),
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` -against-
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`AII ACQUISITION, LLC F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES, INC., F/K/A
`HOLLAND FURNACE COMPANY, et al.,
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` Defendant(s).
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`Index No.: 190011/2024
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`VERIFIED ANSWER ON
`BEHALF OF DEFENDANT
`SONY ELECTRONICS INC.
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`Defendant, SONY ELECTRONICS INC., (hereinafter “SONY ELECTRONICS”), by its
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`attorneys, GOLDBERG SEGALLA LLP, for its verified answer to the summons and verified
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`complaint (“Complaint”) herein states:
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`1.
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`Denies knowledge or information sufficient to form a belief as to the allegations
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`contained in paragraphs 1, 5, and 9 of the Complaint.
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`2.
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`Denies each and every allegation contained in paragraph 2 of the Complaint insofar
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`as they pertain to SONY ELECTRONICS, except avers that SONY ELECTRONICS is a foreign
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`corporation, denies knowledge or information sufficient to form a belief as to the truth of remaining
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`allegations insofar as they pertain to other defendants, and refers all questions of law to this Court
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`at the time of trial.
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`3.
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`Denies each and every allegation contained in paragraphs 3, 4, 6, 7, and 8 of the
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`Complaint insofar as they pertain to SONY ELECTRONICS, denies knowledge or information
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`sufficient to form a belief as to the truth of those allegations insofar as they pertain to other
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`defendants, and respectfully refers all questions of law to the Court.
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`AS TO THE FIRST CAUSE OF ACTION
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`4.
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`With respect to the unnumbered sentence, SONY ELECTRONICS repeats,
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`reiterates and realleges each and every response to paragraphs 1 through 9 of the Complaint as if
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`fully set forth herein.
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`5.
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`The allegations contained in paragraph 10 of the Complaint pertain to other parties
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`and, therefore, do not require a response. However, to the extent these allegations do require a
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`response, SONY ELECTRONICS denies each and every allegation in paragraph 10 of the
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`Complaint, and refers all questions of law to this Court at the time of trial.
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`6.
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`Denies knowledge or information sufficient to form a belief as to the allegations
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`contained in paragraph 11 of the Complaint.
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`7.
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`Denies each and every allegation contained in paragraphs 12, 13, 14, 15, 16, 17
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`(including subparagraphs a-h), 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33
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`(including subparagraphs a-j), 34, and 35 of the Complaint insofar as they pertain to SONY
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`ELECTRONICS, denies knowledge or information sufficient to form a belief as to the truth of
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`those allegations insofar as they pertain to other defendants, and respectfully refers all questions
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`of law to the Court.
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`AS TO THE SECOND CAUSE OF ACTION
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`8.
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`With respect to the unnumbered sentence, SONY ELECTRONICS repeats,
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`reiterates and realleges each and every response to paragraphs 1 through 35 of the Complaint as if
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`fully set forth herein.
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`9.
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`Denies each and every allegation contained in paragraphs 36, 37, 38, and 39 of
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`the Complaint insofar as they pertain to SONY ELECTRONICS, denies knowledge or
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`information sufficient to form a belief as to the truth of those allegations insofar as they pertain
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`to other defendants, and respectfully refers all questions of law to the Court.
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`AS TO THE THIRD CAUSE OF ACTION
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`10. With respect to the unnumbered sentence, SONY ELECTRONICS repeats,
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`reiterates and realleges each and every response to paragraphs 1 through 39 of the Complaint as if
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`fully set forth herein.
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`11.
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`Denies each and every allegation contained in paragraphs 40 and 41 of the
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`Complaint insofar as they pertain to SONY ELECTRONICS, denies knowledge or information
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`sufficient to form a belief as to the truth of those allegations insofar as they pertain to other
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`defendants, and respectfully refers all questions of law to the Court.
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`AS TO THE FOURTH CAUSE OF ACTION
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`12. With
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`respect
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`to
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`the unnumbered sentence and paragraph 42, SONY
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`ELECTRONICS repeats, reiterates and realleges each and every response to paragraphs 1 through
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`41 of the Complaint as if fully set forth herein.
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`13.
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`Denies each and every allegation contained in paragraphs 43, 44, 45, 46, 47, 48, 49,
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`50, 51, 52 (including subparagraphs a-l), 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and
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`68 of the Complaint insofar as they pertain to SONY ELECTRONICS, denies knowledge or
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`information sufficient to form a belief as to the truth of those allegations insofar as they pertain to
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`other defendants and refers all questions of law to this Court at the time of trial.
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`14.
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`Defendant SONY ELECTRONICS denies knowledge or information sufficient to
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`form a belief as to the allegations contained in paragraph 67 of the Complaint.
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`AS TO THE FIFTH CAUSE OF ACTION
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`15. With
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`respect
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`to
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`the unnumbered sentence and paragraph 69, SONY
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`ELECTRONICS repeats, reiterates and realleges each and every response to paragraphs 1 through
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`68 of the Complaint as if fully set forth herein.
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`16.
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`The allegations contained in paragraphs 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80,
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`81, and 82 of the Complaint pertain to other parties and, therefore, do not require a response.
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`However, to the extent these allegations do require a response, SONY ELECTRONICS denies
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`each and every allegation in paragraphs 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, and 82 of the
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`Complaint, and refers all questions of law to this Court at the time of trial.
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`AS TO THE SIXTH CAUSE OF ACTION
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`17. With
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`respect
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`to
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`the unnumbered sentence and paragraph 83, SONY
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`ELECTRONICS repeats, reiterates and realleges each and every response to paragraphs 1 through
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`82 of the Complaint as if fully set forth herein.
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`18.
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`The allegations contained in paragraphs 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94,
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`95, 96, and 97 of the Complaint pertain to other parties and, therefore, do not require a response.
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`However, to the extent these allegations do require a response, SONY ELECTRONICS denies
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`each and every allegation in paragraphs 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, and 97
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`of the Complaint.
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`19.
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`The allegations contained in paragraph 98 of the Complaint do not require a
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`response; however, to the extent a response is required, SONY ELECTRONICS denies the
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`allegations contained in paragraph 98 of the Complaint, and refers all questions of law to this Court
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`at the time of trial.
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`AS TO THE SEVENTH CAUSE OF ACTION
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`20. With respect to the unnumbered sentence, SONY ELECTRONICS repeats,
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`reiterates and realleges each and every response to paragraphs 1 through 98 of the Complaint as if
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`fully set forth herein.
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`21.
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`Defendant SONY ELECTRONICS denies each and every allegation contained in
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`paragraph 99 of the Complaint insofar as they pertain to SONY ELECTRONICS, denies
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`knowledge or information sufficient to form a belief as to the truth of those allegations insofar as
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`they pertain to other defendants and refers all questions of law to this Court at the time of trial.
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`22.
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`SONY ELECTRONICS denies all other allegations not otherwise admitted or
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`denied.
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`AFFIRMATIVE DEFENSES
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`First Affirmative Defense
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`1.
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`That defendant, SONY ELECTRONICS, denies any negligence, culpable conduct
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`or liability on its part, but if said defendant is ultimately found to be liable to Plaintiff, then,
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`pursuant to Article 16 of the Civil Practice Law & Rules, it shall only be liable for its equitable
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`share of Plaintiff’s recovery since any liability which will be found against it will be insufficient
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`to impose joint liability.
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`Second Affirmative Defense
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`2.
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`To the extent that the complaint herein and the claims made by Plaintiff has not
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`commenced within the time limited by law, the complaint is barred by the statute of limitations.
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`Third Affirmative Defense
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`3.
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`That to the extent that Plaintiff has failed and neglected to maintain this action in a
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`swift, diligent and timely fashion, the Plaintiff’s complaint is barred by laches.
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`Fourth Affirmative Defense
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`4.
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`Plaintiff failed to plead the claims of fraud and conspiracy with proper specificity
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`and, as such, all claims premised on fraud and conspiracy must be dismissed.
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`Fifth Affirmative Defense
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`5.
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`The complaint and each and every allegation considered separately fail to state any
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`cause of action against SONY ELECTRONICS upon which relief can be granted.
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`Sixth Affirmative Defense
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`6.
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`The injuries and/or illnesses to Plaintiff, if any, are governed by the applicable
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`Workers’ Compensation statutes and shall have constituted an industrial disability and Plaintiff’s
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`exclusive remedy, if any, shall lie within the terms and ambit of said statutes.
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`Seventh Affirmative Defense
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`7.
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`That the injuries and/or illnesses, if any, sustained by Plaintiff were caused or
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`contributed by the fault, neglect and want of care on the part of Plaintiff or on the part of others
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`for whose acts or omissions or breach of legal duty SONY ELECTRONICS is not liable.
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`Eighth Affirmative Defense
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`8.
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`In the event that Plaintiff used the products(s) designated in the complaint, said
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`product(s) was (were) misused or improperly used, which misuse or improper use proximately
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`caused and contributed, in whole or in part, to the claims alleged by Plaintiff in the complaint.
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`Ninth Affirmative Defense
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`9.
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`Upon information and belief, that if Plaintiff sustained any of the injuries, losses
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`and damages complained of in the complaint, such injuries, losses and damages were caused or
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`brought about, in whole or in part, by the negligence, carelessness, assumptions of risks, fault or
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`other culpable conduct of Plaintiff. Upon information and belief, that any recovery herein by the
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`Plaintiff, if any, must be diminished and reduced in the proportion which the said culpable conduct
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`of the Plaintiff bears to the alleged culpable conduct of the defendant, if any, which allegedly
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`caused said injuries, losses or damages.
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`Tenth Affirmative Defense
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`10.
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`Insofar as the complaint and each cause of action considered separately allege a
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`cause of action accruing on or after September 1, 1975 to recover damages for personal injuries,
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`the amount of damages recoverable thereon must be diminished by reason of the culpable conduct
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`attributable to Plaintiff, including contributory negligence and assumption of risk, in the proportion
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`which the culpable conduct attributable to Plaintiff bear to the culpable conduct which caused the
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`damages.
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`Eleventh Affirmative Defense
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`11.
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`Upon information and belief, that insofar Plaintiff relies upon allegations of
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`negligence, breaches of warranties, fraudulent representations and violations of obligations of
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`strict product liability as against SONY ELECTRONICS prior to September, 1975, said causes of
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`action fail to state facts sufficient to constitute causes of action as against SONY ELECTRONICS
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`by reason of the failure to allege the freedom of plaintiff from contributory negligence or fault;
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`and that if plaintiff sustained the injuries, losses and other damages complained of in the complaint,
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`they were caused and brought about, in whole or in part, by the negligence, carelessness,
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`assumption of risk, fault or other culpable conduct of Plaintiff.
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`Twelfth Affirmative Defense
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`12. While SONY ELECTRONICS denies the allegations of Plaintiff with respect to
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`negligence, statutory liability, strict liability, injury and damages, to the extent that Plaintiff may
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`be able to prove the same, they were result of intervening and/or interceding acts of superseding
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`negligence on the part of third parties over which SONY ELECTRONICS had neither control nor
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`right of control.
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`Thirteenth Affirmative Defense
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`13.
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`That to the extent that Plaintiff alleges rights hereunder assertedly derived from oral
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`warranties or undertakings on the part of SONY ELECTRONICS, the complaint is barred by the
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`applicable statute of frauds.
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`Fourteenth Affirmative Defense
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`14.
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`If Plaintiff used any products of SONY ELECTRONICS, the answering defendant
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`alleges upon information and belief that said products were produced pursuant to government
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`specifications and as such, SONY ELECTRONICS is relieved of any responsibility for the injuries
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`which Plaintiff’s claim.
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`Fifteenth Affirmative Defense
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`15.
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`If the Court finds that any misuse, abuse, mistreatment and/or misapplication of the
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`product caused and/or contributed to the alleged damages or injuries to Plaintiff then, SONY
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`ELECTRONICS requests that the amount of damages which might be recoverable shall be
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`diminished by the proportion which the same misuse, abuse, mistreatment and/or misapplication,
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`attributed to the Plaintiff, his co-workers and/or employers bears to the conduct which caused the
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`alleged damages or injuries.
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`Sixteenth Affirmative Defense
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`16.
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`That the injuries and/or illnesses to Plaintiff, if any, arose in whole or in part, out
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`of the risks, hazards and dangers incident to the occupation of Plaintiff, all of which were open,
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`obvious and well known to plaintiff, and the action is barred by virtue of Plaintiff’s assumption of
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`the risks thereof.
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`Seventeenth Affirmative Defense
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`17.
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`That to the extent that SONY ELECTRONICS conformed to the scientific
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`knowledge and research data available throughout the industry and scientific community, SONY
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`ELECTRONICS shall have fulfilled its obligations, if any, herein, and Plaintiff’s claim shall be
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`barred, in whole or in part.
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`Eighteenth Affirmative Defense
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`18.
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`Upon information and belief, SONY ELECTRONICS conformed to the scientific
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`knowledge and data available in the industry and fulfilled its obligations, if any, and its activities
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`and undertakings, if any, were conducted in a reasonable fashion, without recklessness, malice or
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`wantonness, and the Plaintiff may not recover herein any exemplary damages or punitive damages
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`against SONY ELECTRONICS.
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`Nineteenth Affirmative Defense
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`19.
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`That the cause of action pleaded in the complaint insofar as it asserts an alleged
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`cause of action for express and/or implied warranties and the alleged breaches thereof, as against
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`SONY ELECTRONICS, is legally insufficient by reason of the failure to allege privity of contract
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`and/or privity of warranties between the Plaintiff and SONY ELECTRONICS.
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`Twentieth Affirmative Defense
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`20.
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`To the extent that any breach of warranty is alleged, Plaintiff has failed to give
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`proper and prompt notice of any such breach of warranty to SONY ELECTRONICS.
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`Twenty-First Affirmative Defense
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`21.
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`Plaintiff did not directly or indirectly purchase any asbestos-containing products or
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`materials from SONY ELECTRONICS and Plaintiffs neither received nor relied upon any
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`representation or warranty allegedly made by SONY ELECTRONICS.
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`Twenty-Second Affirmative Defense
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`22.
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`That to the extent that the cause pleaded by Plaintiff herein fails to accord with the
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`Uniform Commercial Code, including, but not limited to §2-725 thereof, Plaintiff’s complaint is
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`barred.
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`Twenty-Third Affirmative Defense
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`23.
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`That to the extent that any of the products for which liability is charged herein to
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`SONY ELECTRONICS, which is denied were modified, assembled, altered, quantified or in any
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`way materially varied, which same may be casually related to the claims of Plaintiff, the actions
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`of Plaintiff are barred herein.
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`Twenty-Fourth Affirmative Defense
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`24.
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`Upon information and belief, that insofar as Plaintiff alleges, as against SONY
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`ELECTRONICS, any willful and wanton misconduct, and that if knowingly and intentionally sold
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`a product or products that it knew to be unreasonably dangerous, all of which SONY
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`ELECTRONICS denies, any such cause of action or causes of action accrued more than one year
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`prior to the commencement of this lawsuit and are time-barred by the one-year statute of
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`limitations.
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`Twenty-Fifth Affirmative Defense
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`25.
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`That to the extent that the use, application, employment, surrounding conditions,
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`safety precautions and other circumstances attendant upon the material allegedly used by Plaintiff
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`was determined, controlled, selected or limited by his employer or by others for whose acts,
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`omissions or breach SONY ELECTRONICS is not liable, the complaint is barred, in whole or in
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`part.
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`Twenty-Sixth Affirmative Defense
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`26.
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`Plaintiff’s claims are barred by the doctrine of res judicata and/or collateral
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`estoppel.
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`Twenty-Seventh Affirmative Defense
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`27.
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`If Plaintiff used any products of SONY ELECTRONICS, upon information and
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`belief, SONY ELECTRONICS alleges that said products were used improperly, and without
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`proper safety protection which was available from Plaintiff’s employer(s).
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`Twenty-Eighth Affirmative Defense
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`28.
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`Plaintiff’s employer(s) was a sophisticated purchaser upon which devolved all
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`responsibility for the use of products referred to in Plaintiffs’ complaint.
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`Twenty-Ninth Affirmative Defense
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`29.
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`At all times material hereto, the state of the medical and industrial art was such that
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`there was no generally accepted or recognized knowledge of any unavoidable unsafe, inherently
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`dangerous or hazardous character or nature of products containing asbestos when used in the
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`manner and purpose described by Plaintiff, therefore, there was no duty for SONY
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`ELECTRONICS to know of such character or nature or to warn Plaintiff or others similarly
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`situated.
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`Thirtieth Affirmative Defense
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`30.
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`Plaintiff’s cause of action for exemplary and punitive damages is barred because
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`such damages are not recoverable or warranted in this action.
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`Thirty-First Affirmative Defense
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`31.
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`The imposition of punitive damages on the facts alleged in the complaint would
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`violate the due process clauses of the Constitutions of the United States and the State of New York.
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`Thirty-Second Affirmative Defense
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`32.
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`The imposition of punitive damages on the facts alleged in the complaint would
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`violate the excessive fines clause of the Constitution of the State of New York.
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`Thirty-Third Affirmative Defense
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`33.
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`The imposition of punitive damages on the facts alleged in the complaint is barred
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`by the double jeopardy clause of the Fifth Amendment to the United States Constitution and Article
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`1, Section 6 of the New York State Constitution.
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`Thirty-Fourth Affirmative Defense
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`34.
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`The imposition of punitive damages on the facts alleged in the complaint is barred
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`by the ex post facto clause of the United States Constitution.
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`Thirty-Fifth Affirmative Defense
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`35.
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`The imposition of punitive damages on the facts alleged in the complaint is barred
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`by the United States Constitution and by the Constitution of the State of New York.
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`Thirty -Sixth Affirmative Defense
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`36.
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`The action cannot proceed in the absence of all parties who should be named in
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`accordance with CPLR 1001.
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`Thirty -Seventh Affirmative Defense
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`37.
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`In the event that Plaintiff recovers damages in this action, which have been paid or
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`are payable by a collateral source, SONY ELECTRONICS will seek a collateral source offset
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`pursuant to Article 45 of the CPLR.
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`Thirty-Eighth Affirmative Defense
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`38.
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`Plaintiff contributed to his illness by the use, either in whole or in part, of other
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`substances, products, medications and drugs. To the extent that Plaintiff used any tobacco
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`products, any liability should be reduced by the extent of any use and/or injuries related thereto or
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`caused thereby.
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`Thirty-Ninth Affirmative Defense
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`39.
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`Upon information and belief, the incident complained of in the Complaint and the
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`alleged damages were caused by the culpable conduct of the remaining parties to this action. By
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`reason of the foregoing, contribution should be awarded pursuant to Article 14 of the CPLR.
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`Fortieth Affirmative Defense
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`40.
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`Liability for non-economic loss is limited by the applicable provisions of the Article
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`16 of the CPLR.
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`Forty-First Affirmative Defense
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`41.
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`That in the event there has been a settlement between Plaintiff and any joint
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`tortfeasor, then SONY ELECTRONICS hereby pleads and seeks the full benefit of §15-108 of the
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`General Obligations Law, that Plaintiffs’ claims against SONY ELECTRONICS be reduced to the
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`fullest extent permitted by §15-108 of the General Obligations Law.
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`Forty-Second Affirmative Defense
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`42.
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`Plaintiff does not have the legal capacity to sue and therefore do not have standing
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`to commence or maintain this action.
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`Forty-Third Affirmative Defense
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`43.
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`This action is barred by the doctrine of judicial estoppel.
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`Forty-Fourth Affirmative Defense
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`44.
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`This Court lacks in personam jurisdiction in this matter by reason of improper
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`service of process of this Defendant.
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`Forty-Fifth Affirmative Defense
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`45.
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`This Court lacks subject matter jurisdiction of this Defendant.
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`Forty-Sixth Affirmative Defense
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`46.
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`This Court lacks in personam jurisdiction of this Defendant.
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`Forty-Seventh Affirmative Defense
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`47.
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`SONY ELECTRONICS did not own, control, manufacture or distribute any alleged
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`product to which Plaintiff claims he was exposed.
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`Forty-Eighth Affirmative Defense
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`48.
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`SONY ELECTRONICS did not assume any liability for any entity that may have
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`produced products to which Plaintiff claims he was exposed.
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`Forty-Ninth Affirmative Defense
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`49.
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`SONY ELECTRONICS denies that Plaintiff had any exposure to any asbestos
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`product mined, processed, manufactured, supplied, developed, tested, fashioned, packaged,
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`distributed, delivered, sold and/or otherwise placed in the stream of commerce by SONY
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`ELECTRONICS, and more particularly denies upon information and belief that SONY
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`ELECTRONICS mined, processed, manufactured, supplied, developed, tested, fashioned,
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`packaged, delivered, sold and/or otherwise placed in the stream of commerce any asbestos product
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`at the times and upon the dates alleged in the Complaint herein.
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`Fiftieth Affirmative Defense
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`50.
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`SONY ELECTRONICS denies specifically that, during the periods of exposure
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`alleged in the Complaint by Plaintiff, it mined, processed, manufactured, designed, supplied,
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`developed, tested, fashioned, packaged, distributed, delivered, sold and/or otherwise placed in the
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`stream of commerce a substantial and/or any percentage of the asbestos products to which Plaintiff
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`was caused to come into contact and which Plaintiff was caused to breathe, inhale and digest and
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`14 of 19
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`which thereby caused the Plaintiff’s injuries and resulting damages alleged in the Complaint
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`herein.
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`Fifty-First Affirmative Defense
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`51.
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`In the event it should be proven at the time of trial that all the defendants are subject
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`to market share liability, then, SONY ELECTRONICS’ share of such liability would be of such a
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`de minimus amount as to make its contribution for damages negligible, and SONY
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`ELECTRONICS would be entitled to contribution, either in whole or in part, from co-defendants.
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`Fifty-Second Affirmative Defense
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`52.
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`SONY ELECTRONICS specifically denies that the asbestos products alleged in
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`Plaintiff’s complaint are products within the meaning and scope of the Restatement of Torts
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`§402A, and as such, the Complaint fails to state a cause of action in strict liability.
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`Fifty-Third Affirmative Defense
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`53.
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`To the extent that Plaintiff relies on the New York Law L. 1986, C. 682, Section 4
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`as grounds for reviving or maintaining the action, said statute(s) is/are unconstitutional and deprive
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`SONY ELECTRONICS of its constitutional rights and is wholly void and unenforceable.
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`Fifty-Fourth Affirmative Defense
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`54.
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`Proceeding in this matter without Johns-Manville, Unarco, Amatex, Pacor, Forty-
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`Eight Insulations and/or Standard Insulations, Owens Corning, Pittsburgh Corning, A C and S,
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`A.P. Green, and all other entities in bankruptcy relating thereto would be in violation of SONY
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`ELECTRONICS’ constitutional rights.
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`Fifty-Fifth Affirmative Defense
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`55.
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`If at the time of trial, it is shown that Plaintiff used products manufactured, supplied,
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`distributed or sold by the answering defendant, said products or a portion thereof were supplied
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`15 of 19
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`to, by or on behalf of the United States Government, or if those products were supplied or sold by
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`the United States Government, the answering defendant raises any immunity from suit or from
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`liability as conferred by the United States Government, and specifically pleads the government
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`contractor defense.
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`Fifty-Sixth Affirmative Defense
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`56.
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`SONY ELECTRONICS incorporates and adopts by reference any and all other
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`and/or additional defenses, raised or to be raised by any other party and expressly reserves the right
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`to amend and supplement its defenses herein to assert additional defenses and to make further
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`admission upon completion of further investigation and discovery.
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`Fifty-Seventh Affirmative Defense
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`57.
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`Plaintiff-Spouse’s loss of consortium claim is barred as a matter of law to the extent
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`that the asbestos exposure alleged by Plaintiffs predates the date of Plaintiff’s and Plaintiff-
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`Spouse’s marriage.
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`CROSS-CLAIM AGAINST CO-DEFENDANTS
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`58.
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`If plaintiff was caused to sustain damage at the time and place set forth in the
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`plaintiff’s Complaint through any carelessness, recklessness and/or negligence other than that of
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`plaintiff, including but not limited to, the manufacture and distribution of the asbestos product,
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`breaches of warranty, either express or implied, and in strict liability in tort, these damages will
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`have been caused and brought about by reason of the carelessness, recklessness and/or negligence
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`of the co-defendants not represented by this answer.
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`59.
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`If plaintiff should recover a judgment against this answering defendant, by
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`operation of law or otherwise, it will be entitled to judgment, contribution and/or indemnity over
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`and against the co-defendants not represented by this answer, their agents, servants and/or
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`16 of 19
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`employees, by reason of their carelessness, recklessness and/or negligence for the amount of any
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`such recovery, or a portion thereof, in accordance with the principals of law regarding
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`apportionment of fault and damages, along with costs, disbursements and reasonable expenses of
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`the investigation and defense of this action including reasonable attorneys’ fees.
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`ANSWER TO ALL CROSS CLAIMS
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`60. With respect to any cross-claims for contribution and/or indemnity asserted against
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`SONY ELECTRONICS by any co-defendant(s), SONY ELECTRONICS hereby denies all such
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`cross-claims and demands that they be dismissed.
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`WHEREFORE, SONY ELECTRONICS demands judgment as follows:
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`A.
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`B.
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`C.
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`D.
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`Dismissing the Complaint, together with the costs and disbursements of this action;
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`Determining the ultimate rights and responsibilities among the defendants;
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`Dismissing all Cross-Claims;
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`Granting judgment in favor of this answering defendant over and against the other
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`defendants as set forth above for the amount of the recovery against this answering defendant or
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`such part thereof as may be determined, together with costs and disbursements of this action; and
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`Such other and further relief as the Court may deem just and proper.
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`E.
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`Dated: New York, NY
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`February 27, 2024
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`GOLDBERG SEGALLA LLP
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`_______________________________
`Andrew J. Scholz, Esq.
`Attorneys for Defendant
`SONY ELECTRONICS, INC.
`711 3rd Avenue, Suite 1900
`New York, NY 10017
`(646) 292-8770
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`17 of 19
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`RECEIVED NYSCEF: 02/27/2024
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`VERIFICATION
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`Andrew J. Scholz, being duly sworn herein says:
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`1.
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`That he is one of the attorneys for the defendant, SONY ELECTRONICS, INC., in
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`this action; that he has read the answer to the Complaint and knows the contents thereof; that the
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`same is true to his own knowledge except as to the matters therein stated to be alleged upon
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`information and belief and as to those matters, he believes them to be true.
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`2.
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`That the reason this verification is made by the deponent and not by defendant,
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`SONY ELECTRONICS, INC., is that the answering defendant is outside the County of New York
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`where the deponent maintains his office.
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`3.
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`That the sources of deponent’s knowledge and the grounds for his belief are from
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`the correspondence with said defendant, SONY ELECTRONICS, INC., and correspondence and
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`conversations with the representatives of said defendant, and from reports of investigation of the
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`said defendant’s representatives, certain of which the correspondence and reports are now in
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`deponent’s possession.
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`Dated: New York, NY
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`February 27, 2024
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`________________________
`Andrew J. Scholz
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`18 of 19
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`CERTIFICATION
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`ANDREW J. SCHOLZ, an attorney admitted to practice law in the Courts of the State of New
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`York, affirms under the penalties of perjury, that the following statements are true:
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`That I am the attorney for Defendant, SONY ELECTRONICS, INC.
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`That I certify to the best of my knowledge, information and belief, formed after an inquiry
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`reasonable under the circumstances, that presentation of Verified Answer of Defendant, SONY
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`ELECTRONICS, INC. and the contentions therein are not frivolous as defined in 22 NYCRR 130-
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`1.1-a, et seq.
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`Dated: New York, NY
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`February 27, 2024
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`GOLDBERG SEGALLA LLP
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`_______________________________
`Andrew J. Scholz, Esq.
`Attorneys for Defendant
`SONY ELECTRONICS, INC.
`711 3rd Avenue, Suite 1900
`New York, NY 10017
`(646) 292-8770
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`19 of 19
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