Defendant denies having knowledge or information sufficient to form a belief as to each and every allegation set forth in paragraph enumerated 1, 11, 12, 13, 15 and 24, leaving all questions of fact and law to the triers thereof.
Defendant denies, upon information and belief, each and every allegation set forth in paragraphs enumerated 2, 3, 4, 5, 6, 7, 8, 9, 10, 16, 17 and 25, leaving all questions of fact and law to the triers thereof.
In the event Plaintiff recovers a verdict or judgment against this Defendant, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claimed economic loss, from any collateral source such as insurance, social security, workers’ compensation or employee benefits programs.
The Plaintiff did not sustain serious injury as defined by Section 5102(d) and his exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York.
The Plaintiff failed to, as soon as practicable, provide Defendant with written notice of claim under the UM or SUM coverage provision of the policy of insurance.