DOUGHERTY, RYAN, GIUFFRA, ZAMBITO & HESSION 

Attorneys for Defendant 

131 East Thirty-Eighth Street 

New York, N.Y. 10016 

(212) 889-2300 

PETER J. ZAMBITO (9362 PZ) 

 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

----------------------------------------------------------X 

HARTFORD FIRE INSURANCE COMPANY 

a/s/o DIGITAL PORTAL, INC., ECF CASE

 Plaintiff, 07 Civ. 3398 (BSJ) 

 - against - 

 ANSWER 

ARIES FREIGHT SYSTEMS, L.P. 

 Defendant. 

----------------------------------------------------------X 

 Defendant, ARIES FREIGHT SYSTEMS, L.P. by its attorneys, DOUGHERTY, 

RYAN, GIUFFRA, ZAMBITO & HESSION, answering the Complaint propounded by 

the plaintiff herein, respectfully shows to the Court and alleges upon information and 

belief as follows: 

 1. Denies having sufficient knowledge or information to form a belief as to the 

allegations contained in paragraphs 1,2, 5 and 6 of the Complaint. 

 2. Admits the allegations contained in paragraph 3 of the Complaint. 

 3. Admits that defendant was and still is a common carrier of merchandise by 

truck in interstate commerce for hire and, except as so admitted, denies the allegations 

contained in paragraph 4 of the Complaint. 

 4. Admits that on or about November 30, 2006, Digital Portal, Inc. requested 

defendant to have a DKS 1510 machine delivered to Humza Video & Photo, the 

Case 1:07-cv-03398-BSJ Document 6 Filed 08/16/2007 Page 1 of 3
consignee and, except as so admitted, denies the allegations contained in paragraph 7 of 

the Complaint and denies having sufficient knowledge or information to form a belief as 

to the allegation “the cargo was valued at $51,200.” 

 5. Denies the allegations contained in paragraph 8 of the Complaint. 

 6. Admits that defendant delivered the cargo to consignee and, except as so 

admitted, denies the allegations contained in paragraph 9 of the Complaint 

 7. Admits demand and non-payment and, except as so admitted, denies the 

allegations contained in paragraph 10 of the Complaint. 

 FOR A FIRST, SEPARATE AND COMPLETE DEFENSE

 8. The Complaint fails to state a cause of action against defendant upon which 

relief can be granted. 

FOR A SECOND, SEPARATE AND COMPLETE DEFENSE 

 9. At the time the suit was commenced in this action or at the time when any loss 

or damage was sustained by the goods, or at any other material time, the plaintiff herein 

was not the real party in interest. 

 FOR A THIRD, SEPARATE AND COMPLETE DEFENSE 

 10. Notice of claim, if given, did not conform to the applicable statute. The suit 

should be dismissed as a result. 

FOR A FOURTH, SEPARATE AND COMPLETE DEFENSE 

 11. All defenses afforded by applicable law, agreement, tariff or otherwise are 

incorporated herein as if set forth in full. 

FOR A FIFTH, SEPARATE AND COMPLETE DEFENSE. 

 12. The cargo was not properly packaged for the intended transport. 

Case 1:07-cv-03398-BSJ Document 6 Filed 08/16/2007 Page 2 of 3
FOR A SIXTH, SEPARATE AND COMPLETE DEFENSE

 13. Liability is limited pursuant to applicable tariff law, agreement and/or 

otherwise. 

 FOR A SEVENTH, SEPARATE AND COMPLETE DEFENSE 

 14. The Complaint fails to join an indispensable party as a defendant. 

FOR AN EIGHTH, SEPARATE AND COMPLETE DEFENSE 

 15. At all relevant times defendant acted as an agent for a disclosed principal. 

 WHEREFORE, defendant prays that the Complaint herein be dismissed, together 

with the costs and disbursements of this action, including reasonable counsel fees, and for 

such other, further or different relief as to this Court may be just and proper. 

Dated: New York, New York 

 August 16, 2007 

 

 DOUGHERTY, RYAN, GIUFFRA, ZAMBITO & HESSION 

 Attorneys for Defendant 

 

 S/ ___________________________________ 

 PETER J. ZAMBITO 9362 PZ 

 

 OFFICE AND P.O. ADDRESS: 

 131 East Thirty Eighth Street 

 New York, N.Y. 10016 

 (212) 889-2300 

 

Case 1:07-cv-03398-BSJ Document 6 Filed 08/16/2007 Page 3 of 3