Electronically Filed

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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BARBARA FORLASTRO and ROBERT G. FORLASTRO, 

as co-administrators of The Estate of 

ROBERT J. FORLASTRO,

Case No.: 1:07-CV-3288

 (RPP) (FM)

Plaintiffs,

Jury Trial Demanded

ANSWER

-againstJAMES COLLINS,

Defendant.

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Defendant, JAMES COLLINS, by his attorneys, MEAD, HECHT, CONKLIN &

GALLAGHER, LLP, answering the plaintiffs’ complaint, respectfully alleges upon information

and belief:

ANSWER TO JURISDICTIONAL STATEMENT

FIRST: Defendant denies each and every allegation in the form alleged.

ANSWER TO THE CAUSE OF ACTION: NEGLIGENCE

SECOND: Defendant denies knowledge or information sufficient to form a belief as

to each and every allegation contained in paragraph designated "1" except admits that on

December 6, 2004, defendant, JAMES COLLINS, was the operator of a truck with authority to

operate said truck given to him by his employer, NEW YORK STATE ELECTRIC AND GAS 

CORPORATION.

THIRD: Denies each and every allegation contained in paragraphs designated "2",

"4", "5", "6" and "7" of the plaintiffs’ complaint.

Case 1:07-cv-03288-RPP Document 2 Filed 04/27/2007 Page 1 of 3
FOURTH: Defendant denies knowledge or information sufficient to form a belief as

to each and every allegation contained in paragraphs designated "3" and "8" of the plaintiffs’

complaint.

FIRST AFFIRMATIVE DEFENSE

FIFTH: As and for a first affirmative defense, this answering defendant alleges that

the plaintiffs’ and/or decedent’s injuries and/or damages were caused in whole or in part by

plaintiffs’ and/or decedent’s own culpable conduct, contributory negligence and/or assumption of

risk, and plaintiffs’ claims are therefore barred or diminished to the extent that such culpable

conduct, contributory negligence and/or assumption of risk contributed to the occurrence and the

injuries and/or damages claimed therefrom.

SECOND AFFIRMATIVE DEFENSE

SIXTH: As and for a second affirmative defense, this answering defendant alleges

that defendant's liability is limited pursuant to CPLR section 4545.

THIRD AFFIRMATIVE DEFENSE

SEVENTH: As and for a third affirmative defense, this answering defendant alleges

that the damages sustained by plaintiffs, if any, were caused or contributed to, in whole or in

party, by intervening and superseding causative factors and therefore the claims of plaintiffs

against these defendant should be barred.

FOURTH AFFIRMATIVE DEFENSE

EIGHTH: The applicable law to this action is that of New York.

WHEREFORE, the defendant, JAMES COLLINS, demands judgment against the

plaintiffs, dismissing the complaint together with the costs and disbursements of this action.

Case 1:07-cv-03288-RPP Document 2 Filed 04/27/2007 Page 2 of 3
Dated: Mamaroneck, New York

April 27, 2007

Yours, etc., 

MEAD, HECHT, CONKLIN & GALLAGHER, LLP

Attorneys for Defendant - JAMES COLLINS

_____S/___________________________

By: Sara Luca Salvi, Esq. (SS 6292)

109 Spencer Place

Mamaroneck, New York 10543

(914) 899-3100

Our File No. 

TO: STRATTON FAXON

Attorneys for Plaintiffs

59 Elm Street

New Haven, Connecticut 06510

(203) 624-9500

Case 1:07-cv-03288-RPP Document 2 Filed 04/27/2007 Page 3 of 3