Denies knowledge and information sufficient to form a belief thereof as to the allegations contained in paragraphs numbered “6”, “7” and “8” of the Complaint and respectfully refers all questions of law to the Honorable Court.

Denies knowledge and information sufficient to form a belief thereof as to the allegations contained in paragraph numbered “33” of the Complaint and respectfully refers all questions of law to the Honorable Court.

Denies knowledge and information sufficient to form a belief thereof as to the allegations contained in paragraphs numbered “36” and “37” of the Complaint and respectfully refers all questions of law to the Honorable Court.

The causes of action asserted by the Plaintiff against answering Defendant are barred by the applicable statutes of limitations set forth in the CPLR and/or UCC Article 2.

Plaintiff is not entitled to the benefits of any evidentiary inferences or presumptions of negligence against answering defendant as the event is the type that can occur absent negligence, answering Defendant was not in exclusive control of any instrumentalities or agencies that allegedly caused the occurrence; and there is ample evidence that the acts and omissions of third- parties and/or Plaintiff’s subrogors caused and/or substantially contributed to the occurrence alleged in the Complaint.

At all times relevant hereto, Casa Di Italia possessed a leasehold interest, and was a tenant, at Plaza 200 where it operated, conducted and/or transacted its furniture business.

On information and belief, at all times relevant hereto, Casa Di Italia's tenant- space contained an existing automatic fire sprinkler system.

As a result of the aforesaid indemnity payments, and pursuant to the terms of the NorGUARD Policy, common law principals of equitable subrogation, and/or operation of law, NorGUARD and/or is legally, contractually, equitably subrogated to the rights, claims, remedies, and causes of action possessed by Casa Di Italia resulting and/or arising from the Flood.

owed a duty of reasonable care to NorGUARD's subrogor to provide all of its work and services in a proper, safe, skillful, professional, competent and/or workmanlike manner.

in an amount in excess of One Hundred Thousand Dollars ($100,000.00), together with costs of suit, interest, attorney's fees and such other relief as this Honorable Court deems just and proper under the circumstances.

you: Demand for the names and address of all witnesses; and, Demand for the Discovery and Inspection of all Statements of each party represented by the undersigned returnable at the office of the undersigned with thirty (30) days, as follows:

PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR §3101(a), that you set forth in writing and under oath, the name and address of each person you intend to call at the time of trial and claiming by any party you represent, to be a witness to any of the following:

If no such witnesses are known to plaintiff, so state in the sworn reply to this Demand.

The undersigned will object upon trial to the testimony of any witnesses not so identified.

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, upon behalf of each party represented by it in this action, that pursuant to CPLR 3101(e) and 3120, you produce at the time and place herein specified, and permit the undersigned to discovery, inspect and copy each and every statement made by or taken from each such party and his, her or its agents, servants or employees now in your possession, custody, or control or in the possessing, custody or control of any party you represent in this action, if such statement in any manner bears on the issues in this action.

LUTZ PLUMBING & HEATING, INC. d/b/a RUDCO

PLEASE TAKE NOTICE that, pursuant to CPLR §3120(a), defendant, LUTZ PLUMBING & HEATING, INC. d/b/a RUDCO PLUMBING & HEATING, demands that you permit defendant, its attorneys and consultants, or another acting on their behalf, to enter upon your/your subrogor’s property and premises as described in the Complaint for the purposes of inspecting, measuring, surveying, sampling, testing or photographing the premises and any damage alleged to have occurred therein as described in the Verified Complaint.

The entry and inspection will be made during regular business hours on reasonable notice to all parties by defendant, LUTZ PLUMBING & HEATING, INC. D/B/A RUDCO PLUMBING & HEATING, its attorneys or another acting on their behalf, and the necessary inspectors, who at the time and at the place described above will present themselves.

PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §3120(a), defendant, LUTZ PLUMBING & HEATING, INC. d/b/a RUDCO PLUMBING & HEATING, demands that you permit defendant, its attorneys and consultants, or another acting on their behalf, to examine all physical evidence in your/your subrogor’s custody or control that is alleged to have been dangerous, defective; damaged; that malfunctioned or otherwise failed to operate as intended; that contained a condition, feature or function that contributed to or caused the occurrence alleged in the Complaint; or that was damaged or destroyed as a result of the occurrences alleged in the Complaint, for the purposes of inspecting, measuring, surveying, sampling, testing or photographing the evidence.

The examination of evidence will be made during regular business hours on reasonable notice to all parties by defendant, LUTZ PLUMBING & HEATING, INC. D/B/A RUDCO PLUMBING & HEATING, its attorneys or another acting on their behalf, and the necessary inspectors, who at the time and at the place agreed upon the parties for such examination will present themselves.