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MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al

Docket 722846/2024, New York State, Queens County, Supreme Court (Oct. 29, 2024)
Case TypeTorts - Motor Vehicle
TagsTort, Civil, Vehicle
Plaintiff Miriam E. Canela canela
Defendant Anthony M. Grover
Defendant DHL EXPRESS (USA), INC.
...
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ANSWER Verified Answer

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 5 (N.Y. Sup. Ct., Queens County Dec. 12, 2024)
----------------------------------------------------------------x Defendants, ANTHONY M. GROVER, AND DHL EXPRESS (USA), INC., by its attorneys, LESTER SCHWAB KATZ & DWYER, LLP, answering plaintiffs’ verified complaint dated October 29, 2024 respectfully states as follows:
Deny each and every allegation contained in paragraphs “7”, “8”, “9”, “10”, “11”, “21”, “22", “23”, “24”, “25”, “38”, “46”, “47”, “48”, “49” and “50” of the Verified Complaint, but beg leave to refer all questions of law to the Court at the trial of this action.
In the event Plaintiff recovers a verdict or judgment against these Defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(a) 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 benefit programs.
That the liability of the answering Defendants, if any, is limited to the percentage of culpability found against them 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.
That he is a member of the firm of LESTER SCHWAB KATZ & DWYER, LLP, attorneys for Defendants, ANTHONY M. GROVER, AND DHL EXPRESS (USA), INC.. That he has read the foregoing document and knows the contents thereof, and that the same is true to the knowledge of your deponent except as to the matters therein alleged upon information and belief and that as to those matters he believes them to be true.
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AFFIRMATION/AFFIDAVIT OF SERVICE Affirmation of Service of Verified Answer

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 6 (N.Y. Sup. Ct., Queens County Dec. 12, 2024)
I affirm this 12th day of December, 2024, under the penalties of perjury, pursuant to Rule 2106 of the CPLR, under the laws of the State of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
I affirm that I served the within VERIFIED ANSWER upon the following persons via mail: Banilov & Associates, P.C. 2566 86th Street, Suite 3 Brooklyn, New York 11214 Attn: Nick Banilov, Esq.
Attorneys for Plaintiff
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SUMMONS + COMPLAINT

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 1 (N.Y. Sup. Ct., Queens County Oct. 29, 2024)
and belief, that at all times and places hereinafter INC. was the lessor of the aforesaid motor vehicle defendant, mentioned, bearing Oklahoma State registration number AT1672.
GROVERwas the lessor of times and places hereinafter mentioned, defendant, the aforesaid motor vehicle bearing Oldahoma State registration number AT1672.
GROVERcontrolled that at all times and places hereinafter mentioned, defendant, the aforesaid motor vehicle bearing Oklahoma State registration number AT1672.
JUAN C. BAEZ managed the aforesaid motor vehicle times and places mentioned, hereinafter bearing NewYork State registration defendant, number
JUAN C. BAEZ inspected the aforesaid motor vehicle times and places mentioned, bearing NewYork State registration hereinafter
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 7 (N.Y. Sup. Ct., Queens County Dec. 19, 2024)
KYLEFRIEDLAND, the undersigned, I was at affirm that I reside in the state of NewYork.
on ANTHONYMGROVERat 123 WILLIAMSTREET, NewYork, NY10038 in the mannerindicated below: the aformentioned documents with said L T, AUTHORIZEDTO By delivering and leaving a true copy or copies of ACCEPTa person of suitable age and discretion.
Age 40-50 Height 5'6" Weight of perjury under the laws of NewYork, which may I affirm this 17th day of December, 2024, under the penalties this document maybe filed in an action is true, and I understand a fine or imprisonment, the foregoing include that that or proceeding in a court of law.
PLEASETAKENOTICE, that pursuant and Traffic Law of of Section 253 of the State of the Vehicle to the provisions NewYork, a copy of the summonsand complaint action was served upon you by personally in the above entitled of State of NewYork at 123 WILLIAMSTREET,New to one of a copy thereof the offices of the Secretary delivering York, NY10038 on 11/04/2024 together with a fee of Ten ($10.00) Dollars.
PLEASETAKEFURTHERNOTICE, that we are sending you herewith by certified complaint in this mail, a copy of the summonsand action.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 4 (N.Y. Sup. Ct., Queens County Nov. 20, 2024)
: the time of service over the age of eighteen and not a party to
STEVENAVERY,the undersigned, I was at affirm that I reside in the state of New York.
On 11/04/2024 at 11:00 AMat the office of the State of NewYork in the City of Albany, New of State of the Secretary I served the within SUMMONS& VERIFIED COMPLAINT;NOTICEOFCOMMENCEMENTOF York, ACTIONSUBJECTTOMANDATORYELECTRONICFILING upon DHLEXPRESSUSAINC the Defendant in this action in the mannerindicated below: to and leaving with SUEZOUKY,CLERKAUTHORIZEDTOACCEPTin the office of By delivering the of State of NewYork, two true copies thereof and at the sametime of making such service, deponent paid Secretary of State, a fee of $40.00.
Deponent further describes the person actually served as follows: Sex Female Other Features: Color of skin/race
Age Height 5' Weight of perjury under the laws of NewYork, which may I affirm this 14th day of November, 2024, under the penalties this documentmaybe filed is true, and I understand include a fine or imprisonment, the foregoing in an action that or proceeding in a court of law.
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AFFIRMATION/AFFIDAVIT OF SERVICE

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 2 (N.Y. Sup. Ct., Queens County Nov. 19, 2024)
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3

Document MIRIAM E. CANELA CANELA v. ANTHONY M. GROVER et al, 722846/2024, 3 (N.Y. Sup. Ct., Queens County Nov. 19, 2024)

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