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GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al

Docket 526154/2024, New York State, Kings County, Supreme Court (Sept. 26, 2024)
Case TypeTorts - Motor Vehicle
TagsTort, Civil, Vehicle
Plaintiff Gergorio Valdetano Luna
Defendant BTG CONSTRUCTION, LLC
Defendant Jose M Fernandes
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ANSWER Verified Answer

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 11 (N.Y. Sup. Ct., Kings County Nov. 27, 2024)
ANSWERING DEFENDANTS deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph “12” of the Verified Complaint and refer all questions of law to the court for determination.
While denying any negligence on the part of ANSWERING DEFENDANTS, should it be adjudged otherwise, then ANSWERING DEFENDANTS’ liabilities, if any, to Plaintiff should be limited to its equitable share, pursuant to Article 16 and 16A of the CPLR, and determined in accordance with the relative culpability of all persons or entities contributing to the total liability for non-economic loss, including named parties and others over whom Plaintiff could have obtained personal jurisdiction with due diligence.
In the event Plaintiff recovers a verdict or judgment against ANSWERING DEFENDANTS, such verdict, judgment, and/or any recovery must be reduced by collateral source payments pursuant to CPLR § 4545, or by those amounts which have been replaced or indemnified or which will with reasonable certainty, be replaced or for which Plaintiff will be 149266638.1 indemnified, in whole or in part, for any past or future claimed economic loss, from any collateral source.
Any verdict or judgment against ANSWERING DEFENDANTS, are entitled to set-off to reduce Plaintiff’s claims pursuant to General Obligations Law § 15-108, on the basis of prior settlements and/or compromises.
That the liability of ANSWERING DEFENDANTS, if any, should be limited to the percentage of culpability found against it by virtue of the fault of the other parties (both named and unnamed) and in accordance with the laws of the State of New York.
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STIPULATION - TIME TO ANSWER Stipulation Extending Time to Answer

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 9 (N.Y. Sup. Ct., Kings County Oct. 30, 2024)
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SUMMONS + COMPLAINT

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 1 (N.Y. Sup. Ct., Kings County Sep. 26, 2024)
That as a result of the foregoing, this plaintiff was caused to and did sustain severe and serious personal injuries and was required to seek and obtain medical care and attention in an effort to cure and/or alleviate the same and upon information and belief, will be so compelled to do in future.
That the aforesaid occurrence and injuries sustained were caused by the negligence or omission this on the part of plaintiff any act thereto.
That by reason LUNA, has been damaged in lower courts limits of the foregoing, an amount which exceeds plaintiff,
I have read the annexed SUMMONSANDVERIFIED COMPLAINTand know the contents thereof and the sameare true to myknowledge, except those matters therein which are stated to be alleged on information Mybelief, and belief.
as to those matters therein not stated upon knowledge is based upon the following: Interviews and/or discussions with the plaintiff(s) and papers and/or documents in the file.
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14

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 14 (N.Y. Sup. Ct., Kings County Jan. 21, 2025)

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13

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 13 (N.Y. Sup. Ct., Kings County Jan. 21, 2025)

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15

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 15 (N.Y. Sup. Ct., Kings County Jan. 21, 2025)

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12

Document GERGORIO VALDETANO LUNA v. BTG CONSTRUCTION, LLC et al, 526154/2024, 12 (N.Y. Sup. Ct., Kings County Nov. 27, 2024)

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