LAW OFFICE OF

JONATHAN Y. SUE

1220 Broadway

Suite 502

New York, NY 10001

212.967.1001

MICHELLE ROSENFELD and HERBERT ROSENFELD,

Plaintiff,

 -vsEDEN FARMS, JAMES GASTON, GAST HOUSE, LLC,

200 EAST 75TH STREET REALTY, HYS MARKET CORP.

and JOWNY MARKET CORP.,

Defendants.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

07 CIV. 3347 (DC)

ANSWER CONTAINING

CROSS CLAIMS AND

AFFIRMATIVE

DEFENSES

ECF CASE

DEFENDANT JOWNY MARKET CORP. 

BY ITS ATTORNEY, THE LAW OFFICE OF JONATHAN Y. SUE,

FOR ITS ANSWER HEREIN:

JURISDICTION

FIRST: Denies knowledge or information sufficient to form a belief as to each and

every allegation contained in Paragraphs numbered: 1; 2 and 3 of the complaint herein.

STATEMENT OF CLAIM

SECOND: Denies each and every allegation contained within the Paragraphs numbered:

4; 5; 6; 7; 8 and the ad damnum paragraph of the complaint herein.

THIRD: Denies knowledge or information sufficient to form a belief as to each and

every allegation contained in Paragraphs numbered: 1; 2 and 3 of the complaint herein.

AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANTS

FOURTH: Upon information and belief, that if and in the event plaintiffs have suffered

Case 1:07-cv-03347-DC Document 24 Filed 07/16/2008 Page 1 of 5
LAW OFFICE OF

JONATHAN Y. SUE

1220 Broadway

Suite 502

New York, NY 10001

212.967.1001

the injuries and damages complained of, such injuries and damages were caused in whole in part by

reason of the wrongful conduct of co-defendants Eden Farms, James Gaston, Gast House, LLC, 200

East 75th Street Realty and/or HYS Market Corp., there being no active or primary wrong-doing on

the part of Defendant JOWNY MARKET CORP. contributing thereto.

FIFTH: By reason of the foregoing, Defendant JOWNY MARKET CORP. is entitled

to full indemnity and/or contribution from, and to judgment over and against defendants Eden

Farms, James Gaston, Gast House, LLC, 200 East 75th Street Realty and/or HYS Market Corp., for

all or part of any verdict or judgment which plaintiffs may recover against Defendant JOWNY

MARKET CORP.

 AS AND FOR A FIRST SEPARATE AFFIRMATIVE COMPLETE AND/OR

PARTIAL DEFENSE, DEFENDANT JOWNY MARKET CORP. ALLEGES:

SIXTH: That, the plaintiffs’ complaint fails to set forth facts sufficient upon which to

base a cause of action against the defendant.

SEVENTH: As a result of the foregoing, the plaintiffs’ complaint must be dismissed as

a matter of law.

AS AND FOR A SECOND SEPARATE AFFIRMATIVE COMPLETE AND/OR

PARTIAL DEFENSE, DEFENDANT JOWNY MARKET CORP. ALLEGES:

EIGHTH: Plaintiffs’ alleged injuries and damages were caused by the culpable conduct

of some third person(s) over whom Defendant JOWNY MARKET CORP. neither had nor exercised

control.

NINTH: As a result of the foregoing, plaintiffs’ complaint must be dismissed as

a matter of law.

AS AND FOR A THIRD SEPARATE AFFIRMATIVE COMPLETE AND/OR

PARTIAL DEFENSE, DEFENDANT JOWNY MARKET CORP. ALLEGES:

TENTH: Plaintiffs are barred from bringing this action based on the doctrine of

Case 1:07-cv-03347-DC Document 24 Filed 07/16/2008 Page 2 of 5
LAW OFFICE OF

JONATHAN Y. SUE

1220 Broadway

Suite 502

New York, NY 10001

212.967.1001

Laches.

ELEVENTH: As a result of the foregoing, plaintiffs’ complaint must be dismissed as

a matter of law.

AS AND FOR A FOURTH SEPARATE AFFIRMATIVE COMPLETE AND/OR

PARTIAL DEFENSE, DEFENDANT JOWNY MARKET CORP. ALLEGES:

TWELFTH: Statute of limitations.

THIRTEENTH: As a result of the foregoing, plaintiffs’ complaint must be dismissed

as a matter of law.

AS AND FOR A FIFTH SEPARATE AFFIRMATIVE COMPLETE AND/OR

PARTIAL DEFENSE, DEFENDANT JOWNY MARKET CORP. ALLEGES:

FOURTEENTH: Defendant JOWNY MARKET CORP. reserves the right to assert

additional defenses as plaintiffs’ claims are clarified in the course of this litigation.

WHEREFORE, Defendant JOWNY MARKET CORP. respectfully demand judgment as

follows:

(a) dismissing plaintiffs’ complaint with prejudice, together with the costs and

disbursements of this action and reasonable attorneys’ fees;

(b) sanctions pursuant to FRCP RULE 11 against plaintiffs and/or their counsel for filing

of frivolous action as plaintiffs and/or their counsel were previously advised of and provided

documentary evidence of Defendant JOWNY MARKET CORP.’s purchase of assets from codefendant HYS Market Corp., on or about July 25, 2006 (a date after the alleged accident) ; and

(c) such other and further relief in favor of Defendant JOWNY MARKET CORP. as

this Court may deem just and proper.

Case 1:07-cv-03347-DC Document 24 Filed 07/16/2008 Page 3 of 5
LAW OFFICE OF

JONATHAN Y. SUE

1220 Broadway

Suite 502

New York, NY 10001

212.967.1001

Dated: New York, New York

July 16, 2008

LAW OFFICE OF JONATHAN Y. SUE

 /s/ Jonathan Sue 

 By: Jonathan Y. Sue (JS / 0738)

Attorney for Defendant 

Jowny Market Corp.

1220 Broadway, Suite 502

New York, New York 10001

212.967.1001

212.967.1112 (facsimile)

To: Law Offices of Baker, Pedersen & Robbins, P.A.

Attorneys for Plaintiffs

Attn: Gerald H. Baker, Esq.

1 Newark Street

Hoboken, New Jersey 07030

Case 1:07-cv-03347-DC Document 24 Filed 07/16/2008 Page 4 of 5
07 CIV. 3347 (DC)

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

MICHELLE ROSENFELD and HERBERT ROSENFELD,

Plaintiff,

 -vsEDEN FARMS, JAMES GASTON, GAST HOUSE, LLC, 

200 EAST 75TH STREET REALTY, HYS MARKET CORP. and 

JOWNY MARKET CORP.,

Defendants.

ANSWER CONTAINING

CROSS CLAIMS AND AFFIRMATIVE DEFENSES

LAW OFFICE OF JONATHAN Y. SUE

By: Jonathan Y. Sue (JS / 0738)

Attorney for Defendant Jowny Market Corp.

1220 Broadway, Suite 502

New York, New York 10001

212.967.1001

Case 1:07-cv-03347-DC Document 24 Filed 07/16/2008 Page 5 of 5