ESX-L-003765-22 09/06/2022 11:24:16 AM Pg 1 of 13 Trans ID: LCV20223182869

Gregory Vinogradsky, Esq.

(054132013) CALLAHAN & FUSCO,
LLC
103 Eisenhower Parkway, Suite 400
Roseland, NJ 07068
(877) 618-9770

Attorneys for Defendant,

JACQUELINE ALLEN
: SUPERIOR COURT OF NEW JERSEY
KYLE DONOVAN, : LAW DIVISION: ESSEX COUNTY
:
: Docket No.: ESX-L-003765-22
Plaintiff, :
: Civil Action
v. :
: ANSWER TO AMENDED COMPLAINT
HIGHLAND LOFTS CONDOMINIUM : WITH SEPARATE DEFENSES, CROSS-
ASSOCIATION INC., AND JACQUELINE : CLAIMS, DEMAND FOR
ALLEN : PRODUCTION OF DOCUMENTS,
: DESIGNATION OF TRIAL COUNSEL,
Defendants. : JURY DEMAND, AND REQUEST FOR
: STATEMENT OF DAMAGES
:
:

Defendant, JACQUELINE ALLEN, by and through her attorneys, Callahan & Fusco,

LLC, as and for her Answer to Plaintiff’s Amended Complaint, state upon information and belief

as follows:

AS AND FOR AN ANSWER TO THE

PLAINTIFF’S AMENDED COMPLAINT

1. Defendant does not have information or knowledge to answer the allegations

contained in paragraph “1” of Plaintiff’s Amended Complaint.

1. Defendant denies the allegations contained in paragraph “1” of Plaintiff’s

Amended Complaint.

2. Defendant denies the allegations contained in paragraph “2” of Plaintiff’s

Amended Complaint.
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3. Defendant denies the allegations contained in paragraph “3” of Plaintiff’s

Amended Complaint.

4. Defendant denies the allegations contained in paragraph “4” of Plaintiff’s

Amended Complaint.

5. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “5” of Plaintiff’s Amended Complaint.

6. Defendant denies the allegations contained in paragraph “6” of Plaintiff’s

Amended Complaint.

7. Defendant denies the allegations contained in paragraph “7” of Plaintiff’s

Amended Complaint.

8. Defendant denies the allegations contained in paragraph “8” of Plaintiff’s

Amended Complaint.

9. Defendant denies the allegations contained in paragraph “9” of Plaintiff’s

Amended Complaint.

10. Defendant denies the allegations contained in paragraph “10” of Plaintiff’s

Amended Complaint.

11. Defendant denies the allegations contained in paragraph “11” of Plaintiff’s

Amended Complaint.

12. Defendant denies the allegations contained in paragraph “12” of Plaintiff’s

Amended Complaint.

AS AND FOR AN ANSWER TO COUNT I OF PLAINTIFFS’ AMENDED

COMPLAINT
12. Defendant denies the allegations contained in paragraph “12” of Plaintiff’s

Amended Complaint.
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13. Defendant denies the allegations contained in paragraph “13” of Plaintiff’s

Amended Complaint.

14. Defendant denies the allegations contained in paragraph “14” of Plaintiff’s

Amended Complaint.

AS AND FOR AN ANSWER TO COUNT II OF PLAINTIFFS’ AMENDED

COMPLAINT
15. Defendant denies the allegations contained in paragraph “15” of Plaintiff’s

Amended Complaint.

16. Defendant denies the allegations contained in paragraph “16” of Plaintiff’s

Amended Complaint.

17. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “17” of Plaintiff’s Amended Complaint.

AS AND FOR AN ANSWER TO COUNT III OF PLAINTIFFS’ AMENDED

COMPLAINT
18. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “18” of Plaintiff’s Amended Complaint.

19. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “19” of Plaintiff’s Amended Complaint.

20. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “20” of Plaintiff’s Amended Complaint.

21. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “21” of Plaintiff’s Amended Complaint.

22. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “22” of Plaintiff’s Amended Complaint.

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23. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “23” of Plaintiff’s Amended Complaint.

24. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “24” of Plaintiff’s Amended Complaint, and

respectfully refers all questions of law to the Court.

25. Defendant denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “25” of Plaintiff’s Amended Complaint.

26. Defendant denies the allegations contained in paragraph “26” of Plaintiff’s

Amended Complaint.

AS AND FOR AN ANSWER TO COUNT IV OF PLAINTIFFS’ AMENDED

COMPLAINT
27. Defendant denies the allegations contained in paragraph “27” of Plaintiff’s

Amended Complaint.

28. Defendant denies the allegations contained in paragraph “28” of Plaintiff’s

Amended Complaint.

29. Defendant denies the allegations contained in paragraph “29” of Plaintiff’s

Amended Complaint.

30. Defendant denies the allegations contained in paragraph “30” of Plaintiff’s

Amended Complaint.

AS AND FOR AN ANSWER TO COUNT V OF PLAINTIFFS’ AMENDED

COMPLAINT
31. Defendant denies the allegations contained in paragraph “31” of Plaintiff’s

Amended Complaint.

32. Defendant denies the allegations contained in paragraph “32” of Plaintiff’s

Amended Complaint.
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33. Defendant denies the allegations contained in paragraph “33” of Plaintiff’s

Amended Complaint.

34. Defendant denies the allegations contained in paragraph “34” of Plaintiff’s

Amended Complaint.

35. Defendant denies the allegations contained in paragraph “35” of Plaintiff’s

Amended Complaint.

36. Defendant denies the allegations contained in paragraph “36” of Plaintiff’s

Amended Complaint.

37. Defendant denies the allegations contained in paragraph “37” of Plaintiff’s

Amended Complaint.

38. Defendant denies the allegations contained in paragraph “38” of Plaintiff’s

Amended Complaint.

39. Defendant denies the allegations contained in paragraph “39” of Plaintiff’s

Amended Complaint.

WHEREFORE Answering Defendant demands judgment dismissing Plaintiff’s

Amended Complaint with costs, interest, disbursements and attorneys' fees incurred herein, and

with such other and further relief as this Court deems just and proper.

SEPARATE DEFENSES

1. The Amended Complaint herein fails to state a claim upon which relief can be

granted, and Answering Defendant reserves the right to move at or before the trial to dismiss

same.

2. Answering Defendant breached no duty owed to Plaintiff.

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3. Answering Defendant denies that it is guilty of any negligence that was the

proximate or producing cause of any injuries or damages alleged to have been sustained by

Plaintiff.

4. Plaintiff is guilty of negligence by virtue of which Answering Defendant pleads

the defenses afforded under the provisions of N.J.S.A. 2A:15-5.1, et seq.

5. Plaintiff’s claims are barred by the Entire Controversy Doctrine.

6. Plaintiff’s claims are barred for failure to mitigate damages.

7. If Plaintiff sustained any damages as alleged in the Amended Complaint, all of

which are expressly denied, then such damages were caused, either in whole or in part, by

Plaintiff’s own culpable conduct, fault and/or negligence, and any recovery herein shall be

diminished accordingly in whole or in part.

8. If Plaintiff sustained any damages as alleged in the Amended Complaint, all of

which are expressly denied, then such damages were caused by Plaintiff’s assumption of the risk

and are not recoverable from Answering Defendant.

9. If Plaintiff sustained any damages as alleged in the Amended Complaint, all of

which are expressly denied, then such damages were caused by the culpable conduct, fault and/or

negligence of other persons and/or entities over which Answering Defendant had no control,

with no act or omission on the part of Answering Defendant contributing thereto.

10. If a dangerous or defective condition existed, which is expressly denied,

Answering Defendant had no notice of its presence.

11. To the extent that Plaintiff has received reimbursement for all or a part of the

damages claimed, Plaintiff should be estopped from asserting the same herein.
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12. Whereas Plaintiff received or is entitled to receive benefits for the alleged injuries

from sources other than a joint tortfeasor, the amounts of these benefits which duplicate any

benefit contained in the award shall be deducted from any award recovered by Plaintiff, less any

premium paid, in accordance with N.J.S.A. 2A:15-97.

13. Answering Defendant denies any liability whatsoever, but nonetheless asserts that

any and all injuries and damages sustained by Plaintiff was the proximate result of the negligence

of Co-Defendants and demands contribution pursuant to the Joint Tortfeasors Contribution Act,

N.J.S.A. 2A:53A-1, et seq., and the Comparative Negligence Act of New Jersey from Co-

Defendants for the proportionate share of any and all sums that may be adjudged against

Answering Defendant.

14. The Court lacks jurisdiction over Answering Defendant due to insufficiency of

service and/or of service of process.

15. Answering Defendant reserves the right to amend this Answer and to assert

additional defenses and or/otherwise supplement, alter, or change this Answer upon the

completion of further investigation of discovery.

WHEREFORE Answering Defendant demands judgment dismissing Plaintiff’s

Amended Complaint with costs, interest, disbursements, and attorneys' fees incurred herein, and

with such other and further relief as this Court deems just and proper.

AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANT HIGHLAND

LOFTS CONDOMINIUM ASSOCIATION, INC
(Contribution)

Defendant JACQUELINE ALLEN as and for her first cross-claim against Co-Defendant

HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC., named in Plaintiff’s Amended

Complaint allege as follows:

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Defendant, JACQUELINE ALLEN, while denying any negligence, assert that any willful

misconduct, fault or negligence was that of Co-Defendant HIGHLAND LOFTS

CONDOMINIUM ASSOCIATION, INC., and that the liability of Defendant, JACQUELINE

ALLEN, if any, was of a derivative or secondary nature and that the liability of Co-Defendant

HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC., was of a primary character, thus

giving rise to a duty on the part of Co-Defendant HIGHLAND LOFTS CONDOMINIUM

ASSOCIATION, INC., to hold Defendant, JACQUELINE ALLEN harmless and to indemnify

Defendant, JACQUELINE ALLEN from any loss herein and/or contribute to any judgment in

favor of Plaintiff.

AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANT

HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC
(Indemnification)

Defendant, JACQUELINE ALLEN, as and for their second cross-claim against Co-

Defendant HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC., named in Plaintiff’s

Amended Complaint allege as follows:

By reason of the legal relationship between Defendant JACQUELINE ALLEN, and Co-

Defendant HIGHLAND LOFTS CONDOMINIUM ASSOCIATION, INC., are obligated to

defend, indemnify, and save harmless Defendant JACQUELINE ALLEN, with respect to the

matters alleged in Plaintiff’s Amended Complaint.

ANSWER TO ALL CROSS-CLAIMS

Answering Defendant, JACQUELINE ALLEN by way of her Answer to any and all

cross- claims which have been or will be asserted against her, deny each and every allegation

contained therein.

DEMAND FOR PRODUCTION OF DOCUMENTS

PLEASE TAKE NOTICE, that pursuant to R. 4:18-1, request is hereby made of all parties
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to the within action, that they produce true, complete, and accurate copies of the following

documents to this office within thirty (30) days of the date hereof:

1. Transcripts of all depositions taken with respect to the instant action.

2. Full and complete copies of all insurance information applicable to this instant

action.

3. Copies of all interrogatories answered by any party to this action.

4. Copies of any and all contracts or agreements by, between, or involving any party

to this litigation.

5. Copies of any contracts, agreements, invoices, receipts, bills or documents or

writings of any kind referred to in any pleading, or supporting any defense or claim raised in any

pleading.

6. Copies of any and all reports, letters or statements from any expert regarding

liability or damages in this matter.

7. Color laser copies of any and all photographs depicting any damages or liability.

8. Copies of all statements, summaries of statements, or notes or writings of any

kind regarding statements made by this Defendant, or any other party to this action and/or their

servants, agents or employees.

9. Copies of any and all reports rendered by any public or private agency or

department arising out of any investigation of the incident or damages.

10. Any and all motion pictures, videotapes, films, photographs, reenactment,

diagrams, charts or exhibits of any kind that will be introduced or used at trial.

11. Copies of any and all statements that will be used at trial or will be used to cross-

examine or impeach any witness.

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12. Copies of any and all correspondence, documents, or writings of any kind that

you or your attorney or representative received from any party to this action, their attorneys,

representatives or employees.

13. Verification of any and all lost wages that Plaintiff may claim at or before time of

trial.

14. Copies of all liability and damage expert reports.

15. Color laser copies of any and all photographs which depict the alleged damage(s)

to the Plaintiffs, from the time of the accident through the present date.

16. Copies of any violations issued against the Answering Defendant that Plaintiff

intends to rely on at the time of trial for three (3) years prior to and one (1) year subsequent to

the alleged incident.

17. Copies of all police, fire, and/or EMS reports within Plaintiff’s possession and/or

control which they intend to rely on at the time of trial regarding this incident.

18. True copies of all documents, by whatever name known, which Plaintiff contends

gave the Defendant notice of the alleged incident or the need to take preventative measures.

DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4: 25-4, CHRISTOPHER G. FUSCO, ESQ. is hereby designated as trial

counsel for the answering defendant.

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JURY DEMAND

A trial by jury is demanded as to all issues.

DEMAND FOR STATEMENT OF DAMAGES

You are hereby requested and required to furnish to the undersigned within five (5) days

from the date of service hereof a written statement of the amount of damages claimed in this action.

NOTICE OF ALLOCATION

Pursuant to the New Jersey Civil Rule 4:7-5(c) and Young v. Latta, 123 N.J. 584 (1991), the

Answering Defendant hereby advises that if any Co-Defendant settles the within matter with the

Plaintiff at any time prior to the conclusion of trial, the liability of any settling party shall remain

an issue and Answering Defendant shall seek an allocation and/or percentage of negligence by the

finder of fact against any such settling party, and/or a credit in favor of Answering Defendant

consistent with such allocation.

DATED: September 6, 2022

CALLAHAN & FUSCO, LLC

Attorneys for Defendant,
JACQUELINE ALLEN

BY:
GREGORY VINOGRADSKY, ESQ.
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CERTIFICATION

I hereby certify that, pursuant to Rule 4:5-1: The within matter is, to my knowledge, not

the subject of any other action or Arbitration proceeding presently pending.

I certify that this pleading was filed and served within the time period prescribed by Rule

4:6.

DATED: September 6, 2022

CALLAHAN & FUSCO, LLC

Attorneys for Defendant,
JACQUELINE ALLEN

BY:
GREGORY VINOGRADSKY, ESQ.
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CERTIFICATION OF SERVICE

I, Gregory Vinogradsky, Esq., of full age, being duly sworn, according to law and upon my

oath, depose and say:

1. I am an attorney with the law firm of Callahan & Fusco, LLC, and assigned the

handling of this action.

2. On September 6, 2022, I served, via ECF, a copy of the within Answer to

Amended Complaint to:

Kyle Donovan
Pro Se Plaintiff
350 Scotland Road, Apt 101
Orange, New Jersey 07050

3. I certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing statements are willfully false, I am subject to punishment.

Dated: September 6, 2022

CALLAHAN & FUSCO, LLC

Attorneys for Defendant,
JACQUELINE ALLEN

BY:
GREGORY VINOGRADSKY, ESQ.
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Civil Case Information Statement

Case Details: ESSEX | Civil Part Docket# L-003765-22

Case Caption: DONOVAN KYLE VS HIGHLAND LOFTS

Case Type: CONTRACT/COMMERCIAL TRANSACTION
CONDO MINIUM AS
Document Type: Answer W/CrossClaim W/Jury Demand
Case Initiation Date: 06/20/2022
Jury Demand: YES - 6 JURORS
Attorney Name: GREGORY VINOGRADSKY
Is this a professional malpractice case? NO
Firm Name: CALLAHAN & FUSCO, LLC
Related cases pending: NO
Address: 103 EISENHOWER PARKWAY SUITE 400
If yes, list docket numbers:
ROSELAND NJ 07068
Do you anticipate adding any parties (arising out of same
Phone: 9736189770
transaction or occurrence)? NO
Name of Party: DEFENDANT : ALLEN, JACQULINE
Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: KYLE DONOVAN? NO

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE

CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:

Do you or your client need any disability accommodations? NO

If yes, please identify the requested accommodation:

Will an interpreter be needed? NO

If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and
will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

09/06/2022 /s/ GREGORY VINOGRADSKY

Dated Signed