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FILED: KINGS COUNTY CLERK 02/19/2019 12:31 PM INDEX NO.

518314/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 02/19/2019

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS
____________-----______----------------------------------------------X
MICHAEL CHIESA,

Plaintiff, VERIFIED ANSWER TO


THE AMENDED VERIFIED
-against- COMPLAINT

CONOR McGREGOR, McGREGOR SPORTS


AND ENTERTAINMENT, LLC, JOHN DOES Index No. 518314-2018E

1-20, names being fictitious as unknown at this

time, BROOKLYN EVENTS CENTER, LLC d/b/a


BARCLAYS CENTER, AEG MANAGEMENT
BROOKLYN, LLC, and JOHN DOES 21-50,
names being fictitious, as unknown at this time,

Defendants.
___________-__ _------------------------------------------------------X

Defendants, BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS CENTER and AEG

MANAGEMENT BROOKLYN, LLC, by its attorneys, RIVKIN RADLER LLP, state upon

information and belief for its answer to plaintiff's complaint:

THE PARTIES

FIRST: Defendants deny having knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs numbered "1", "2", "3", "4", "5", "6", "7", "8",

"14" "15"
"9", "10", "11", "12", "13", and of the plaintiff's complaint and refer all questions of law

and fact to this Honorable Court and the triers of fact at the trial of this action.

SECOND: Defendants deny each and every allegation contained in paragraphs numbered

"32" "33"
"16", "26", "31", and of the plaintiff's complaint.

THIRD: Defendants deny each and every allegation contained in paragraphs numbered

"28" "29"
"22", "23", "24", "25", and of the plaintiff's complaint and refer all questions of law and

fact to this Honorable Court and the triers of fact at the trial of this action.

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FOURTH: Defendants deny each and every allegation contained in paragraphs numbered

"20" "21"
and of the plaintiff's complaint, except admit that on April 7, 2018, BROOKLYN

EVENTS CENTER, LLC, pursuant to a 99 year lease, was a de facto owner of the premises known

as BARCLAYS CENTER located at 620 Atlantic Avenue, Brooklyn, New York.

"27"
FIFTH: Defendants deny each and every allegation contained in paragraphs numbered

"30"
and of the plaintiff's complaint, except admit that on April 7, 2018, there existed an agreement

between AEG MANAGEMENT BROOKLYN, LLC, and BROOKLYN EVENTS CENTER, LLC

in which AEG MANAGEMENT BROOKLYN, LLC agreed to manage certain aspects of the

BARCLAYS CENTER.

THE FACTS

SIXTH: Defendants deny having knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs numbered "34", "35", "36", "37", "38", "39",

"44" "45"
"40", "41", "42", "43", and of the plaintiff's complaint and refer all questions of law and

fact to this Honorable Court and the triers of fact at the trial of this action.

McGREGOR's, MSE's, AND JOHN DOES 1-20's


NEGLIGENT AND INTENTIONAL ACTS

SEVENTH: Defendants deny having knowledge or information sufficient to form a belief

as to each and every allegation contained in paragraphs numbered "46", "47", "48", "49", "50",

"65" "66"
"51", "52", "53", "54", "55", "56", "57", "58", "59", "60", "61", "62", "63", "64", and

of the plaintiff's complaint and refer all questions of law and fact to this Honorable Court and the

triers of fact at the trial of this action.

BEC'S AND AEG'S NEGLIGENT ACTS

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EIGHTH: Defendants deny each and every allegation contained in paragraphs numbered

"69" "70"
"67", "68", and of the plaintiff's complaint.

FOLLOWING THE INCIDENT

NINTH: Defendants deny having knowledge or information sufficient to form a belief as to

each and every allegation contained in paragraphs numbered "71", "72", "73", "74", "75", "82",

"89" "90"
"83", "84", "85", "86", "87", "88", and of the plaintiff's complaint and refer all questions

of law and fact to this Honorable Court and the triers of fact at the trial of this action.

TENTH: Defendants deny each and every allegation contained in paragraphs numbered

"80" "81"
"76", "77", "78", "79", and of the plaintiff's complaint.

ANSWERING THE FIRST CAUSE OF ACTION

"91"
ELEVENTH: Answering paragraph numbered of the plaintiff's complaint herein,

defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND AEG

MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore made

in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 90 inclusive

with the same force and effect as though more fully set forth at length herein.

TWELFTH: Defendants deny having knowledge or information sufficient to form a belief

as to each and every allegation contained in paragraphs numbered "92", "93", "94", "95", "96",

"98" "99"
"97", and of the plaintiff's complaint and refer all questions of law and fact to this

Honorable Court and the triers of fact at the trial of this action.

ANSWERING THE SECOND CAUSE OF ACTION

THIRTEENTH: Answering paragraph numbered 100 of the plaintiff's complaint herein,

defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND AEG

MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore made

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in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 99 inclusive

with the same force and effect as though more fully set forth at length herein.

FOURTEENTH: Defendants deny each and every allegation contained in paragraphs

"101" "102"
numbered and of the plaintiff's complaint and refer all questions of law and fact to this

Honorable Court and the triers of fact at the trial of this action.

FIFTEENTH: Defendants deny having knowledge or information sufficient to form a belief

"103"
as to each and every allegation contained in paragraph numbered of the plaintiff's complaint

and refer all questions of law and fact to this Honorable Court and the triers of fact at the trial of this

action.

SIXTEENTH: Defendants deny each and every allegation contained in paragraphs

"104" "105"
numbered and of the plaintiff s complaint.

ANSWERING THE THIRD CAUSE OF ACTION

"106"
SEVENTEENTH: Answering paragraph numbered of the plaintiff's complaint

herein, defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND

AEG MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore

made in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 105

inclusive with the same force and effect as though more fully set forth at length herein.

EIGHTEENTH: Defendants deny each and every allegation contained in paragraphs

"111" "112"
numbered "107", "108", "109", "110", and of the plaintiff's complaint.

ANSWERING THE FOURTH CAUSE OF ACTION

"113"
NINETEENTH: Answering paragraph numbered of the plaintiff's complaint herein,

defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND AEG

MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore made

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in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 112

inclusive with the same force and effect as though more fully set forth at length herein.

TWENTIETH: Defendants deny having knowledge or information sufficient to form a

"114" "115"
belief as to each and every allegation contained in paragraphs numbered and of the

plaintiff's complaint and refer all questions of law and fact to this Honorable Court and the triers of

fact at the trial of this action.

ANSWERING THE FIFTH CAUSE OF ACTION

"116"
TWENTY-FIRST: Answering paragraph numbered of the plaintiff's complaint

herein, defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND

AEG MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore

made in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 115

inclusive with the same force and effect as though more fully set forth at length herein.

TWENTY-SECOND: Defendants deny having knowledge or information sufficient to form

a belief as to each and every allegation contained in paragraphs numbered "117", "118", "119",

"120" "121"
and of the plaintiff's complaint and refer all questions of law and fact to this

Honorable Court and the triers of fact at the trial of this action.

ANSWERING THE SIXTH CAUSE OF ACTION

"122"
TWENTY-THIRD: Answering paragraph numbered of the plaintiff's complaint

herein, defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND

AEG MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore

made in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 121

inclusive with the same force and effect as though more fully set forth at length herein.

TWENTY-FOURTH: Defendants deny each and every allegation contained in paragraphs

"127" "128"
numbered "123", "124", "125", "126", and of the plaintiff's complaint.

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ANSWERING THE SEVENTH CAUSE OF ACTION

"129"
TWENTY-FIFTH: Answering paragraph numbered of the plaintiff's complaint

herein, defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND

AEG MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore

made in regard to each and every paragraph of plaintiff's complaint, designated as 1 through 128

inclusive with the same force and effect as though more fully set forth at length herein.

TWENTY-SIXTH: Defendants deny each and every allegation contained in paragraph

"132" "133"
numbered "130", "131", and of the plaintiff's complaint.

ANSWERING THE EIGHTH CAUSE OF ACTION

"134"
TWENTY-SEVENTH: Answering paragraph numbered of the plaintiff's complaint

herein, defendants, BROOKLYN EVENTS CENTER, LLC D/B/A BARCLAYS CENTER AND

AEG MANAGEMENT BROOKLYN, LLC, repeat and reiterate each and every denial heretofore

made in regard to each and every paragraph of plaintiff s complaint, designated as 1 through 133

inclusive with the same force and effect as though more fully set forth at length herein.

TWENTY-EIGHTH: Defendants deny having knowledge or information sufficient to form

"136" "137"
a belief as to each and every allegation contained in paragraphs numbered "135", and

of the plaintiff s complaint and refer all questions of law and fact to this Honorable Court and the

triers of fact at the trial of this action.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

TWENTY-NINTH: If the plaintiff has been injured and damaged as alleged in plaintiff's

complaint, upon information and belief, such injuries and damages were caused, in whole or in part,

or were contributed to by reason of the carelessness, negligence or want of care on the part of the

plaintiff and not by any carelessness, negligence or want of care, on the part of the defendants,

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BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS CENTER and AEG MANAGEMENT

BROOKLYN, LLC, and if any carelessness, negligence or want of care other than that of the

plaintiff caused or contributed to said alleged injuries and damages, it was the carelessness,

negligence or want of care on the part of some other party or persons, firm or corporation, his, its or

their agents, servants or employees over whom defendants, BROOKLYN EVENTS CENTER, LLC

d/b/a BARCLAYS CENTER and AEG MANAGEMENT BROOKLYN, LLC, had no control and

for whose, carelessness, negligence or want of care defendants were not and are not responsible or

liable.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

THIRTIETH: That whatever injuries and/or damages were sustained by the plaintiff at the

time and place alleged in the complaint were in whole or in part the result of the plaintiff's own

culpable conduct.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

THIRTY-FIRST: That whatever injuries and/or damages were sustained by the plaintiff at

the time and place alleged in the complaint were the result of the plaintiff's assumption of risk, in

realizing and knowing the hazards and dangers thereof, and that plaintiff assumed all the risks

necessarily incidental to such an undertaking.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

THIRTY-SECOND: If the liability of these answering defendants is found to be fifty (50%)

percent or less of the total liability assigned to all persons liable, the liability of such defendants to

defendants'
the plaintiff for non-economic loss shall not exceed the equitable share determined in

accordance with the relative culpability of each person causing or contributing to the total liability

for non-economic loss, pursuant to Article 16 of the C.P.L.R.

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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

THIRTY-THIRD: If the liability of these answering defendants, is found to be fifty (50%)

percent or less of the total liability assigned to all persons liable, the liability of such defendants to

defendants'
the claimant for non-economic loss shall not exceed the equitable share, determined in

accordance with the relative culpability of each person causing or contributing to the total liability

for non-economic loss.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

THIRTY-FOURTH: Upon information and belief, any past or future costs and/or expenses

incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or

rehabilitation services, loss of earnings or other economic loss, has been or will with reasonable

certainty be replaced or indemnified in whole or in part from a collateral source as defined in

Section 4545(c) of the New York Civil Practice Law and Rules.

THIRTY-FIFTH: If any damages are recoverable against the said answering defendants, the

amount of such damages shall be diminished by the amount of the funds which plaintiff has or shall

receive from such collateral source.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

THIRTY-SIXTH: Plaintiff has failed to mitigate his damages.

AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE

THIRTY-SEVENTH: The plaintiff's own actions were the sole proximate cause of the

accident.

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AS AND FOR A CROSSCLAIM AGAINST THE CO-

DEFENDANTS, CONOR McGREGOR and McGREGOR


SPORTS AND ENTERTAINMENT, LLC, THE DEFENDANTS,
BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS
CENTER and AEG MANAGEMENT BROOKLYN, LLC,
ALLEGE UPON INFORMATION AND BELIEF:

THIRTY-EIGHTH: If the plaintiff recovers herein, it will be by virtue of the recklessness,

carelessness and negligence of the co-defendants above-named, and not of the defendants,

BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS CENTER and AEG MANAGEMENT

BROOKLYN, LLC, for which these answering defendants demand judgment for contribution

and/or indemnification according to the respective degrees of negligence of the defendants to be

ascertained, determined and adjudicated at trial.

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WHEREFORE, defendants, BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS

CENTER and AEG MANAGEMENT BROOKLYN, LLC, demand judgment dismissing the

plaintiff's complaint herein, and further demand judgment over and against the co-defendants,

CONOR McGREGOR and McGREGOR SPORTS AND ENTERTAINMENT, LLC, for the

amount of any judgment obtained against these answering defendants on the basis of apportionment

of responsibility in such amounts as a jury or Court may direct, together with the costs and

disbursements of this action.

DATED: Uniondale, New York

February 15, 2019

Yours, etc.,

RIVKIN RA LER LP
Attorn- efend'
for ts
BROO L EVENTS CENTER, LLC d/b/a

BARCL Y C _, TER d AEG MANAGEMENT


'
BROOK YN, LL

By:
JAMES R. FI N, ESQ.
926 RXR Plaza

Uniondale, Ne York 11556-0926

(516) 357-3000 \
File No.: 11663 5083

TO: JOSEPH W. MURRAY, ESQ.


Attorneys for Plaintiff
MICHAEL CHIESA
125-10 Queens Boulevard, Ste. 5
Kew Gardens, New York 11415

(646) 838-1702

10

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VERIFICATION

JAMES R. FINN, ESQ., an attorney admitted to practice in the Courts of the State of

New York, affirms that the following statements are true under penalties of perjury:

Deponent is the attorney of record for the answering defendants, BROOKLYN

EVENTS CENTER, LLC d/b/a BARCLAYS CENTER and AEG MANAGEMENT BROOKLYN,

LLC, in the within action. Deponent has read the foregoing Answer, knows the contents thereof,

and that the same is true to deponent's own knowledge, except as to those matters therein stated to

be alleged upon information and belief, and that those matters deponent believes it to be true.

This verification is made by deponent and not by the answering defendants, because

answering defendants, BROOKLYN EVENTS CENTER, LLC d/b/a BARCLAYS CENTER and

AEG MANAGEMENT BROOKLYN, LLC, are not located in the county wherein your deponent

maintains an office.

The grounds of deponent's belief as to all m ters not stated upon deponent's

knowledge are as follows: Statements of said answering defenda ts, o ce records, and deponent's

general investigation into the facts of this case.

DATED: Uniondale, New York

February 15, 2019

JAMES 1. FINN, ES .

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