COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, SS.

*******************************
PHILIP GREENSPUN,             *
PLAINTIFF                     *

VS .

SMYLY AUTOS, INC.,
DEFENDANT
******************************

DISTRICT COURT DEPARTMENT
MALDEN DIVISION
CIVIL ACTION
NO. 9450CV872

ANSWER OF SMYLY AUTOS, INC.

     Now comes the defendant in the above captioned case and
answers the plaintiff's complaint as follows:

Defendant is without sufficient information to admit or deny this
allegation.

1. Admit.

2. Deny.

3. Deny.

4. Deny.

5. Deny.

6. Defendant is without sufficient information to admit or
deny this allegation.

7. Deny.

8. Deny.

9. Deny.

10. Deny.

11. Deny.

12. Deny.

13. Deny.

Count I

1. Deny.

2. Deny.

3. No answer required.

Count II

1. Deny.

2. Deny.

3. No answer required.


Count III

1. Deny.

2. Deny.

3. Deny.

4. No answer required.

Count IV

1. Defendant repeats its previous answers.

2. Admit.

3. Deny.

4. Deny.

AFFIRMATIVE DEFENSES

1. The complaint fails to state a claim against the defendant
upon which relief can be granted.

2. The defendant says that the injuries or damage alleged was
caused in whole or in part by the plaintiff's own negligence,
or the negligence of the person in whose custody the
plaintiff was at the time of the accident alleged in the
plaintiff's complaint, and by the negligence of the person
alleged to have sustained injuries.

3.  The defendant says that the act or acts or omission of
act or acts, alleged in the plaintiff's complaint to be
negligent were committed if at all by a person for whose
conduct the defendant was not legally responsible.

4.  The defendant says that the injuries or damage alleged
were caused in whole or in part by the violation by the
plaintiff, his servants or agents, of the various statutes,
ordinances and regulations governing the conduct of the
parties at the time said injuries or damages were
sustained.

5.  The defendant says the plaintiff was contributorily
negligent and that said negligence was greater than that of
the defendant barring his recovery.

6.  The defendant says that if it shall appear at the trial
that the plaintiff sustained injuries and/or damages as
alleged, then same were the result of the negligence of the
plaintiff which was the cause of or a contributing cause of
the alleged injuries or damage.

7.  The defendant states that there has been an
insufficiency of process.

8.  The defendant states that there has been an
insufficiency

9.  The defendant says that the plaintiff has not commenced
this action within the time allowed by statute for the
commencement of suit.

10.  The claim is barred by laches.

11.  The defendant denies each and every paragraph,
averment, item and matter set forth in the complaint which
has not been specifically admitted.

THE DEFENDANT DEMANDS TRIAL BY JURY ON ALL ISSUES.

                            By its attorneys,

                       Paul R. Kelley, Esq.
                       BBO #265700
                       Karl D. Drews, Esq.
                       BBO #561289
                       NEVILLE & KELLEY
                       Bulfinch Square
                       43 Thorndike Street
                       Cambridge, MA 02141
                       Phone: 617-876-7100