repeats, reiterates and realleges each and every answer made with respect to paragraphs numbered “FIRST” through “FOURTEENTH” with the same force and effect as if more fully set forth at length herein.

The causes of action asserted by the plaintiff in the Complaint are barred by the applicable statutes of limitations set forth in the CPLR and/or UCC Article 2 and/or pursuant to an enforceable writing signed by the parties.

Upon information and belief, plaintiff’s Complaint should be dismissed as culpable conduct of third-parties not within answering defendant’s control proximately caused the alleged damages.

Upon information and belief, plaintiff lack rights in subrogation as a result of a voluntary payment; a valid release of claims by plaintiff’s subrogor; a valid waiver of subrogation; the anti-subrogation doctrine; the Made Whole Doctrine; by operation of the terms of agreements or in law; and/or on the ground that plaintiff’s subrogor had been made whole by third-parties including actual or alleged tortfeasors.

The cause of action for breach of contract must be dismissed on the grounds that: (1) There was no contract requiring answering defendant to indemnify plaintiff/plaintiff’s subrogor at the time of, in connection with or with respect to the claims asserted or damages alleged in the Complaint; and/or (2) plaintiff has asserted causes of action against answering defendant predicated on plaintiff’s/plaintiff’s subrogor’s own active negligence and/or breaches of contract and/or breaches of duties; and/or (3) the alleged contract is unenforceable pursuant to New York General Obligations Law and/or public policy; and/or (4) the agreement that answering defendant allegedly breached was terminated, expired, or is void, voidable and/or unenforceable under the General Obligations Law, for failure of consideration, prior material breach or repudiation, mutual mistake, fraud, unconscionable terms or conditions, vagueness, ambiguity, impossibility of performance, against public policy, due to the non-occurrence of conditions precedent, due to the occurrence of conditions subsequent, rescission, waiver, fraudulent inducement, adhesion and/or duress; and/or (5) answering defendant is neither culpable nor did the claims, losses or damages arise from acts or omissions by answering defendant; and/or (6) the claims asserted by plaintiff are based on an unreasonable interpretation of clear and unambiguous contract terms; and/or (7) the agreement relied upon by plaintiff is incomplete and/or was modified by a subsequent writing agreed to by the parties; and/or (8) to the extent that plaintiff suffered damage or expense alleged in the Complaint, such damage or expense did not arise from a cause, conduct or omission that constitutes a breach of any agreement with answering defendant; and/or (9) plaintiff/plaintiff’s subrogor breached its contract preventing enforcement of terms; and/or (10) plaintiff seeks reimbursement for costs and damages that were not incurred, were unnecessary, unreasonable, not intended by the contracting parties to be compensable under their agreement, and/or incurred in bad faith in violation of public policy.

IT IS HEREBY STIPULATED AND AGREED, that the time for defendant(s), MILCON CONSTRUCTION CORPORATION, to answer the complaint, move or otherwise appear in the above-entitled action is hereby extended up to and including January 17, 2025.

Defendant(s), MILCON CONSTRUCTION CORPORATION, hereby waives the affirmative defense of lack of personal jurisdiction.

IT IS FURTHER STIPULATED AND AGREED, that facsimile copies of the signatures and/or electronic signatures will be deemed as originals for purposes of this Stipulation.

This Stipulation may also be executed in counterparts and it may be filed with the Clerk of the Court without further notice.

Dated: Hauppauge, New York December 17, 2024