The answering defendants deny each and every allegation contained in the paragraphs designated “2", “5", “6" ,“7" and “8" in the First Cause of Action of the Verified Complaint.

The answering defendants admit each and every allegation contained in the paragraph designated “3" in the First Cause of Action of the Verified Complaint

accident and the defendants are entitled to diminution of any recovery by the plaintiff in proportion to the injury or damage caused as a result of such failure.

WHEREFORE, the answering defendants, DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC and MOHAMMAD H. ABUASSI, demand judgment dismissing the plaintiff’s Verified Complaint together with the costs and attorneys’ fees and disbursements incurred herein.

LORNE M. REITER, ESQ., being duly sworn, affirms and says that: He is an attorney duly admitted to practice law in the State of New York and is a member of the firm the LAW OFFICES OF LORNE M. REITER, LLC in the within action; that he has read the foregoing Verified Answer and knows the contents thereof, that the same is true to the best of his knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes them to be true.

The answering defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs designated “1”, “2", “3", “4", “5", “8", “9", “15", “16", “25" and “26" of the Verified Complaint.

DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC are liable in any degree for the injuries alleged to have been sustained by the plaintiffs, whether because of negligence, by operation of law or any other reason, then answering defendants MOHAMMAD ABUASSI and DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC are entitled to be indemnified by co-defendant FERNANDEZ ESPINAL per any applicable contracts or agreements, express or implied.

That if it is determined that answering defendants MOHAMMAD ABUASSI and DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC are liable in any degree for the injuries alleged to have been sustained by plaintiffs, whether because of negligence, by operation of law or

defendants MOHAMMAD ABUASSI and DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC then co-defendant FERNANDEZ ESPINAL shall be liable to answering defendants MOHAMMAD ABUASSI and DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC on the basis of apportionment of co-defendant FERNANDEZ ESPINAL’s responsibility for the alleged occurrence and answering defendants MOHAMMAD ABUASSI and DFA DAIRY BRANDS DISTRIBUTING NORTH, LLC are entitled to contribution from and judgment over and against co-defendant FERNANDEZ ESPINAL for all or part of any verdict or judgment which plaintiffs, or any party hereto, may recover in such amounts as a jury or court may direct.

LORNE M. REITER, ESQ., being duly sworn, affirms and says that: He is an attorney duly admitted to practice law in the State of New York and is a member of the firm the LAW OFFICES OF LORNE M. REITER, LLC in the within action; that he has read the foregoing Verified Answer and knows the contents thereof, that the same is true to the best of his knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes them to be true.

If none, so state.