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Answer To Motion To Dismiss New Jersey
Answer To Motion To Dismiss New Jersey
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:
Amended Complaint.
Amended Complaint.
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Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
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Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
truth of the allegations contained in paragraph “24” of Plaintiff’s Amended Complaint, and
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
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Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
Amended Complaint.
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.
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.
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
which are expressly denied, then such damages were caused by Plaintiff’s assumption of the risk
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,
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
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
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
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.
Defendant JACQUELINE ALLEN as and for her first cross-claim against Co-Defendant
Defendant, JACQUELINE ALLEN, while denying any negligence, assert that any willful
ALLEN, if any, was of a derivative or secondary nature and that the liability of Co-Defendant
Defendant, JACQUELINE ALLEN from any loss herein and/or contribute to any judgment in
favor of Plaintiff.
Defendant, JACQUELINE ALLEN, as and for their second cross-claim against Co-
By reason of the legal relationship between Defendant JACQUELINE ALLEN, and Co-
defend, indemnify, and save harmless Defendant JACQUELINE ALLEN, with respect to the
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.
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:
2. Full and complete copies of all insurance information applicable to this instant
action.
4. Copies of any and all contracts or agreements by, between, or involving any party
to this litigation.
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
7. Color laser copies of any and all photographs depicting any damages or liability.
kind regarding statements made by this Defendant, or any other party to this action and/or their
9. Copies of any and all reports rendered by any public or private agency or
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-
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.
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
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.
JURY DEMAND
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
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
I certify that this pleading was filed and served within the time period prescribed by Rule
4:6.
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
1. I am an attorney with the law firm of Callahan & Fusco, LLC, and assigned the
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
BY:
GREGORY VINOGRADSKY, ESQ.
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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)