Defendant WIN LOK INC., d/b/a/ BO WAH KITCHEN, by and through its attorneys, KELLEY KRONENBERG answering the Complaint of Plaintiff, dated December 13, 2024, respectfully states and alleges, upon information and belief as follows:

Upon information and belief, Defendant never received actual or constructive notice of any defective or dangerous condition, and therefore, they cannot be liable for any alleged injuries suffered by Plaintiff.

The lawsuit was not commenced by the Plaintiff within the time prescribed by law and, therefore, Plaintiff’s action is barred by the applicable statute of limitations.

Pursuant to CPLR 4545, if it be determined or established that Plaintiff has received or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for life insurance), social security (except for those benefits provided under title XVIII of the Social Security ACT), workers’ compensation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the Plaintiff), then and in that event answering Defendant hereby pleads in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the amount of the award by such replacement or indemnification, minus an amount equal to the premiums paid by the Plaintiff for such benefits for the two year period immediately preceding the accrual of this action and minus an amount equal to the projected future cost to the Plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545.

The Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Complaint.