Hasenfeld Response

7/24/2019 Hasenfeld Response

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK----------------------------------------------------------------------- x

TZVI HASENFELD,

Plaintiff,

-AGAINST-

CITY OF NEW YORK AND POLICE OFFICERS A, B,AND C,

Defendants.

ANSWER TO PLAINTIFFS

COMPLAINT ON BEHALF

OF DEFENDANT CITY OF

NEW YORK

11-CV-1786 (KAM)(JO)

JURY TRIAL DEMANDED

----------------------------------------------------------------------- x

Defendant, City of New York (City), by its attorney, Michael A. Cardozo,

Corporation Counsel of the City of New York, for its answer to the plaintiffs complaint,

respectfully alleges, upon information and belief, as follows:

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

truth of the allegations set forth in paragraph 1 of the complaint.

2. Admits the allegations set forth in paragraph 2 of the complaint.



4. The allegations set forth in paragraph 4 of the complaint do not

constitute averments of fact and as such no response is required.

5. Denies the allegations set forth in paragraph 5 of the complaint, except

admits that plaintiff purports to invoke the jurisdiction of the Court as stated therein.

6. Denies the allegations set forth in paragraph 6 of the complaint.

Case 1:11-cv-01786-KAM-JO Document 4 Filed 07/05/11 Page 1 of 7 PageID #: 29


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admits that plaintiff purports to base venue as stated therein.







13.

Denies knowledge and information sufficient to form a belief as to the





admits that plaintiff drove to his home.

16.

Denies the allegations set forth in paragraph 16 of the complaint.

17. Admit the allegations set forth in paragraph 17 of the complaint.







admits that plaintiff was handcuffed.

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admits that plaintiff was taken to the 66th

Precinct and placed into a holding cell.


denies knowledge and information sufficient to form a belief regarding what plaintiffs wife, four

minor children, and unidentified passersby witnessed.







admits that plaintiff was released and issued three summonses.



31.






truth of the allegations set forth in paragraph 34 of the complaint, except admits that plaintiff

purports to have filed a request pursuant to N.Y.C.P.L. 100.25.


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truth of the allegations set forth in paragraph 36 of the complaint, except admits that the

charges against plaintiff were dismissed.



states that allegations concerning color of law constitute legal conclusions to which no response

is required.

39. Denies the allegations set forth in paragraph 39 of the complaint and all

of its subparts.


admits that plaintiff filed a document purporting to be a notice of claim, appeared for an

examination pursuant to N.Y.G.M.L. 50-h, and returned a signed and notarized transcript of

same.


42.


AS AND FOR A FIRST AFFIRMATIVE DEFENSE:

43. The Complaint fails to state a claim upon which relief can be granted.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE:

44. Defendant City has not violated any rights, privileges or immunities under

the Constitution or laws of the United States or the State of New York or any political

subdivision thereof, or any act of Congress providing for the protection of civil rights.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE:

45. Any injury alleged to have been sustained resulted from plaintiffs own

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culpable or negligent conduct or the culpable or negligent conduct of non-parties or third parties,

and was not the proximate result of any act of defendant City.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:

46. At all times relevant to the incident, defendant City of New York and its

employees and officials acted reasonably and in the proper and lawful exercise of their

discretion. As such, defendant City is entitled to governmental immunity.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:

47. Plaintiff provoked any incident.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:

48. There was probable cause for plaintiffs detention and any subsequent

arrest or prosecution.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:

49. Punitive damages are not recoverable against the City of New York.

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:

50.

Plaintiff may have failed to comply with conditions precedent to suit.

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WHEREFORE, defendant City of New York requests judgment dismissing the

Complaint in its entirety, together with the costs and disbursements of this action, and such other

and further relief as the Court may deem just and proper.

Dated: New York, New York

July 5, 2011

Michael A. CardozoCorporation Counsel of the City of New YorkAttorney for Defendant City

100 Church Street Rm. 3-214New York, NY 10007

By: /s/

Ryan G. Shaffer

Assistant Corporation Counsel

To: Mr. Marshall C. Berger (By ECF)Attorney for Plaintiff111 West 57

thStreet, Suite 410

New York, New York 10019

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11 Civ. 1786 (KAM)(JO)

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

TZVI HASENFELD,

PLAINTIFF,

-AGAINST-

CITY OF NEW YORK, ET AL.,

DEFENDANTS.

ANSWER TO PLAINTIFFS COMPLAINT ON

BEHALF OF DEFENDANT CITY OF NEW

YORK

MICHAEL A. CARDOZO

Corporation Counsel of the City of New York

Attorney for Defendants

100 Church Street

New York, N.Y. 10007

Of Counsel: Ryan G. Shaffer

Tel: (212) 788-1041

NYCLIS No. 2010-011317

Due and timely service is hereby admitted.

New York, N.Y. ........................................... ,2011

....................................................................... Esq.

Attorney for ..........................................................


Documents

Hasenfeld Response