161704_2026_Jane_Doe_v_Cornell_University_Inc_et_al_ANSWER_31

--- Page 1 --- SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFNEWYORK JANEDOE Plaintiff, -against- VERIFIED ANSWERTOSECOND AMENDED VERIFIED COMPLAINT AFFIRMATIVEDEFENSES CROSS-CLAIMS Index No. 161704/2026 CORNELLUNIVERSITY, INC., CHI PHI CHAPTERHOUSE ASSOCIATION, CHI PHI FRATERNITY,INC., CHI PHI EDUCATIONAL TRUST, ALPHABETAHOUSEORPORATIONOFDELTADELTADELTA, DELTADELTADELTASORORITY, ZAREENENTERPRISE, LLC, d/b/a MOONIESBARANDNIGHTCLUB, MATTHEW INGALLS, JOHNATHANNEWELL, WINSTONLEE, GILLIO LOPES,DIETOSARABIA, SCOTTNORRIS, SCOTTKRETZSCHMAR, JOHNDOE(FACULTY), JOHNDOE(ALUMNI), JOHNDOES(EXECUTIVE BOARD),and ORAZIOPETITO, Defendants. Index No. EF-2026-0531 ANSWEROFDEFENDANTZAREENENTERPRISESS,LLC, d/b/a MOONIESBARANDNIGHTCLUB Defendant ZAREENENTERPRISE, LLC, d/b/a MOONIESBARANDNIGHTCLUB (hereinafter, "Zareen") by their attorneys, answers the Complaint as follows: GENERALDENIAL 1. Defendant Zareen denies each and every allegation contained in the Complaint except those allegations expressly admitted herein. 2. Defendant Zareen denies that Zareen was negligent in any respect. 1 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 1 of 8 --- Page 2 --- 3. Defendant Zareen denies that it unlawfully sold, furnished or assisted in procuring alcoholic beverages to any person under she legal drinking age. 4. Defendant Zareen denies that it sold or furnished alcoholic beverages to any visibly intoxicated person. 5. Defendant Zareen denies that any act or omission on its part was a proximate cause of Plaintiffs alleged injuries. 6. Defendant Zareen denies that it is liable under the Alcoholic Beverage Control Law, General Obligations Law §§ 11-100 or 11-101, commonlaw, or otherwise. 7. Defendant Zareen admits paragraphs 1, 2, 3, 4, 5, 6 and 7 of the complaint in that said paragraphs describe the nature of this action, or the allegations contained herein, but denies the veracity of any allegations madein said paragraphs. 8. Defendant Zareen admits paragraphs 82, 83,84, 115, 135, 138, 238, 319, 320, 444, 445, 446, 447, 583, 584,585 9. Defendant Zareen admits so much of paragraph 449 that Defendant Moonies hired and employed certain individuals to carry out its business operations, including bartenders, hosts, but denies that part of this paragraph alleging Defendant Zareen employed security guards, administrators and supervisors. Defendant Zareen did employ a "door person." 10. Defendant Zareen denies paragraphs 44, 52, 86, 131, 139, 205, 207, 239, 240, 241, 242, 243, 311, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 475, 512, 519, 525, 555, 582, 586, 587, 588, 589, 590, 591, 592, 593, AND594 of the complaint. 2 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 2 of 8 --- Page 3 --- 11. Defendant Zareen lacks knowledge sufficient to admit or deny the allegations in paragraphs8,10,11,12,13,14,15,16,17,18,19 20,21,22,23,24,25,26,27,28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46 47 48, 49,50, 51,52, 53, 54, 55, 56,57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71,72,73, 74, 75, 76, 77,78, 79, 80, 81, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97,98, 99, 100, 101, 102, 103,104,105,106,107,108,109,110,111,112,113,114,116,117,118,119,120, 121,122,123,124,125,126,127,128,129,130,132,,133,134,136,137,140,141, 142,143,144,145,146,147.148,149,150,151,152,153,154,155,156,157,158, 159,160,161,162,163,164,165,166,167,168,169,170,171,172,173,174,175, 176,177,178,179,180,181,182,183,184,185,186,187,188,189,190,191,192, 193,194,195,196,197,198,19,29,201,202,203,204·,206,207,208,209,210, 211,212,213,24,215,216,217,218,219,220,221,222,223,224,225,226,227, 228,229,230,231,232,233,235,236,237,244,245,246,247,248,249,250,251, 252,253,254,255,256,257,258,259,260,261,262,263,264,265,266,267,268, 269,270,271,272,273,274,275,276,277,278, 279,280,281,282,283,284,285, 286,287,288,289,290,291,292,293,294-,295,296,297,298,299,300,301,302, 303,304,305,306,307,308,309,310,312,313,314,315,316,317,318,321,322, 323,324,325,326,317,328,329,330,331,332,333,334,335,336,337,338,339, 340,341,342,343,344,345,346,347,348,349,350,351,352,353,354,355,356, 357,358,359,360,361,362 363,364,365,366,367,368,369,370,371,372,373, 374,375,376,377,378,379,380,381,382,383,384,385,386,387,388,389,390, 391,392,393,394,395,396,397,398,399,400,401,402,403,404,405,406,407, 408,40,410,411,412,413,414,,415,416,417,418,419,420,421,422,423,424, 3 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 3 of 8 --- Page 4 --- 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 468, 469, 470, 471, 472, 473, 474, and 6476, 478, 479,n480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 484, 495, 496, 497, 498, 499, 500, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510 511, 513, 514, 515, 516, 517, 518, 520, 521. 522, 523,n 524, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549,550, 551, 552, 553, 554, 556, 557, 558, 559, 560, 561, 562, 563, 564, 566, 567, 568, 569,57, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, of the complaint. 12. Defendant Zareen denies each remaining allegation not expressly admitted. AFFIRMATIVEDEFENSES First The Complaint fails to state a cause of action. Second The intentional criminal conduct of third parties constituted an independent, intervening and superseding cause. Third Defendant Zareen neither knew nor should have known that any assault would occur. Fourth No special relationship existed requiring Defendant Zareen to protect Plaintiff from sudden criminal acts of third parties off premises. Fifth 4 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 4 of 8 --- Page 5 --- Defendant Zareen exercised reasonable care under the circumstances. Sixth The occurrence was not reasonably foreseeable. Seventh Defendant Zareen had no actual or constructive notice of any dangerous condition or escalating altercation. Eighth Plaintiff cannot establish that Defendant Zareen unlawfully sold alcohol to any underage person. Ninth Plaintiff cannot establish that Defendant Zareen sold alcohol to any visibly intoxicated person. Tenth Plaintiff cannot establish that any alleged unlawful sale was a proximate cause of Plaintiffs injuries. Eleventh The assault resulted solely from the intentional criminal conduct of others. Twelfth Plaintiffs damages, if any, were caused by persons over whomDefendant Zareen exercised no control. Thirteenth Any recovery must be reduced pursuant to CPLRArticle 16. Fourteenth 5 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 5 of 8 --- Page 6 --- Any recovery is subject to collateral source reduction pursuant to CPLR4545. Fifteenth Defendant Zareen is entitled to a setoff pursuant to General Obligations Law § 15-108 for settlements with other Defendants. Sixteenth Defendant Zareen complied with all applicable statutes, regulations and Alcoholic Beverage Control Law requirements. Seventeenth Plaintiff cannot establish that Defendant Zareen breached any duty owed to Plaintiff. Eighteenth Any injuries occurred outside premises owned, occupied or controlled by Defendant Zareen, to the extent established by the evidence. Nineteenth The acts of unidentified persons caused or contributed to Plaintiffs injuries. Twentieth Plaintiff's claims are barred to the extent they seek recovery for unforeseeable intentional criminal acts. Defendant Zareen reserves the right to assert additional affirmative defenses revealed during discovery. CROSS-CLAIMS If any co-Defendant is found liable, Defendant Zareen asserts cross-claims for contribution and common-law indemnification against all co-Defendants whose negligence or intentional conduct caused Plaintiffs injuries. 6 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 6 of 8 --- Page 7 --- WHEREFORE Defendant Zareen demands judgment: 1. Dismissing the Complaint in its entirety as against Zareen. 2. Awarding costs and disbursements. 3. Awarding contribution and indemnification against any liable co-Defendant. 4. Granting such other and further relief as the Court deems just and proper. Daty . October 6 2026 Idi a, NewYork ino Lama, E . The Lama aw Firm, LLP 2343ETriphammer Rd. Ithaca, NewYork 14850 (607) 275-3425 [email protected] 7 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 7 of 8 --- Page 8 --- VERIFICATION STATEOFNEWYORK } COUNTYOFTOMPKINS } ss.: SHAKAWAT HOSSAINbeing duly sworn, deposes and says; that I amthe Member/Manager of Defendant Zareen Enterprise, LLC, in the within proceeding, that I have read the foregoing ANSWERWITHAFFIRMATIVE DEFENSESANDCROSSCLAIMSand know the contents thereof and the same are true to myown knowledge, except as to the matters therein stated to be alleged upon information an ef, and as to those matters I believe them to be true. SHAKAWAT HOSSAIN Member/Manager, Zareen Enterprise, LLC ,Sworn to before n Notary Public, on this y of October 2026. NOTARYPUBLIC -- LUCIANOL LAMA Notary Public, State of NewYork No. 02LA5024245 Qualified in Tompkins County Commission Expires March 07, 20 8 FILED: NEW YORK COUNTY CLERK 10/05/2026 05:16 PM INDEX NO. 161704/2026 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 10/05/2026 8 of 8