Marking a Complaint with Admit, Deny, or DKI

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU
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DAVID J. SMITH,Index No.: 16578/2021
-against- BOB JONES,
Plaintiff,VERIFIED COMPLAINT
Defendant.
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Plaintiff, complaining of the defendant, by his attorneys ABC LAW FIRM, PLLC, respectfully allege as follows:
FIRST:That at all times hereinafter mentioned, the plaintiff was a resident
of Bethpage, County of Nassau, State of New York.
Admit, this is a mere fact which is not incriminating.

SECOND:That at all times hereinafter mentioned, the Defendant was a resident
of Bay Shore, County of Suffolk, State of New York.
Admit, it is true that the defendant was a resident of the said address.

THIRD:That the accident, which is the basis for the within action, took place
in the Town of Brookhaven, County of Suffolk and State of New York.
Admit, again this is merely a factual question.

FOURTH:That at all times hereinafter mentioned, on December 17, 2021, the
plaintiff was the operator of a 2013 Dodge Challenger motor vehicle bearing license plate number 57T5240 for the State of New York
Admit. Factual evidence.

FIFTH:That at all times hereinafter mentioned, on December 17, 2021, the
Defendant was the owner and operator of a 1997 Toyota motor vehicle bearing license plate number 81T5240 for the State of New York.
Deny. This is already incriminating and a leading question.

SIXTH:That on December 17, 2021, while plaintiff was traveling
northbound on Stein Avenue and while defendant was traveling southbound and making a left turn
onto Lake Avenue, in the Town of Brookhaven, County of Suffolk, and State of New York, the motor vehicle owned and operated by the defendant negligently came into contact with plaintiff’s vehicle so as to cause the plaintiff, to be injured.
DKI. There is nothing to admit in this case.

AS AND FOR A FIRST CAUSE OF ACTION
SEVENTH:Plaintiff repeats, reiterates, and realleges each and every allegation
contained in Paragraphs "FIRST" through "SIXTH" of the Complaint with the same force and effect as if fully set forth at length herein.
Deny. This is incriminating since the prosecution is already treating the client as guilty.

EIGHTH:That the aforesaid occurrence was due to the recklessness,
negligence and carelessness of the defendant in the ownership, operation, maintenance and control of the motor vehicle; in failing to keep a proper lookout; in failing to turn, steer, or bring the motor vehicle to a stop prior to the occurrence; in that the defendant...