Professional Documents
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518314/2018
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 02/19/2019
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
THE PARTIES
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
"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
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.
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
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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.
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.
"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.
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.
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.
"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.
"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.
"104" "105"
numbered and of the plaintiff s complaint.
"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.
"111" "112"
numbered "107", "108", "109", "110", and of the plaintiff's complaint.
"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.
"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
"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.
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.
"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.
"127" "128"
numbered "123", "124", "125", "126", and of the plaintiff's complaint.
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"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.
"132" "133"
numbered "130", "131", and of the plaintiff's complaint.
"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.
"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
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.
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.
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
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
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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
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
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
THIRTY-SEVENTH: The plaintiff's own actions were the sole proximate cause of the
accident.
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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
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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
Yours, etc.,
RIVKIN RA LER LP
Attorn- efend'
for ts
BROO L EVENTS CENTER, LLC d/b/a
By:
JAMES R. FI N, ESQ.
926 RXR Plaza
(516) 357-3000 \
File No.: 11663 5083
(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:
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
JAMES 1. FINN, ES .
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