Motion for Leave to Amend Pleadings in Hamptons Hot Yoga, Llc v. Konner Capital Corp. d/b/a KONNER DEVELOPMENT CORP., D&J Concepts Llc, Pretium| Trellis.Law

On March 12, 2024 a Answer was filed involving a dispute between Hamptons Hot Yoga, Llc, and D&J Concepts Llc, Konner Capital Corp. D B A Konner Development Corp., Pretium, for Commercial Division in the District Court of Suffolk County.

Preview
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------X Index No.: 606342/2024
HAMPTONS HOT YOGA, LLC,

Plaintiff,
VERIFIED ANSWER
- against -

KONNER CAPITAL CORP. d/b/a/ KONNER
DEVELOPMENT CORP., D & J CONCEPTS, LLC, and
PRETIUM,

Defendants.
----------------------------------------------------------------------X

Defendants D & J Concepts, LLC (“D&J”) and Pretium, by their attorneys, for their answer

to the amended complaint of Hamptons Hot Yoga, LLC, respectfully state:

JURISDICTION AND VENUE

1. At all relevant times hereunder, the plaintiff was and still is a domestic limited

liability company duly organized and existing under the laws of the State of New York, with an

office and principal place of business located in the County of Suffolk and State of New York.

Response: Deny knowledge or information sufficient to form an opinion as to the

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

2. Upon information and belief, Konner Capital Corp. d/b/a Konner Development

Corp., was and still is a domestic corporation duly organized and existing under the laws of the

State of New York, with an office and principal place of business located in the County of Suffolk

and State of New York.

Response: Deny knowledge or information sufficient to form an opinion as to the

truth of the allegations set forth in paragraph 2 of the amended complaint.

1 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

3. Upon information and belief, the defendant, D & J Concepts LLC, was and still is

a domestic corporation duly organized and existing under the laws of the State of New York, with

an office and principal place of business located in the County of Suffolk and State of New York.

Response: Admit that D & J Concepts, LLC has an office and principal place of

business in Suffolk County New York and otherwise deny the allegations set forth in

paragraph 3 of the amended complaint.

4. Upon information and belief, the defendant, Pretium, is a corporation or other

business entity doing business in the State of New York.

Response: Pretium is a limited liability company that does business in the State of

New York, and otherwise denies knowledge or information sufficient to form an

opinion as to the truth of the allegations set froth in paragraph 4 of the amended

complaint.

BACKGROUND

5. On or about October 22, 2008, the plaintiff entered into a lease agreement with the

defendant, Konner Capital Corp. d/b/a Konner Development Corp., (hereinafter “Konner”) for the

use and occupancy of the first-floor studio space in the building known as Konner Court located

at 2415 Montauk Highway, Bridgehampton, New York 11932 (hereinafter the “plaintiff’s yoga

studio”). Annexed hereto as Exhibit “A” is a copy of the lease agreement.

Response: Respectfully refer the Court to plaintiff’s Exhibit “A” as set forth in

paragraph 5 of the amended complaint for a true, complete, and accurate depiction

of its content and meaning and otherwise deny knowledge or information sufficient

to form an opinion as to the truth of the allegations set forth in paragraph 5 of the

amended complaint.

2 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

6. Pursuant to paragraph twenty (20) of the rider to the lease agreement, plaintiff

exercised the option to renew the lease numerous times. The lease was most recently renewed on

December 6, 2023, for an additional three years, with the option to renew of another three-year

period. Annexed hereto as Exhibit “B” is a copy of the most recent lease renewal agreement. This

renewal agreement “serves as an extension of the lease dated October 22, 2008.”

Response: Respectfully refer the Court to plaintiff’s Exhibit “B” as set forth in

paragraph 6 of the amended complaint amended complaint for a true, complete, and

accurate depiction of its content and meaning and otherwise deny knowledge or

information sufficient to form an opinion as to the truth of the allegations set forth in

paragraph 6 of the amended complaint.

7. Upon information and belief, the defendant, Pretium, entered into a lease agreement

with Konner for the use and occupancy of the second-floor space in the building known as “Konner

Court” located at 2415 Montauk Highway, Bridgehampton, New York 11932.

Response: Admit Pretium entered into a lease for certain areas of the building known

as Konner Court, and refer the lease to be true, complete and an accurate depiction

of contents and meaning, and otherwise deny knowledge or information sufficient to

form an opinion as to the truth of the allegations set forth in paragraph 7 of the

amended complaint.

8. Upon information and belief, Pretium, received the permission and consent of

Konner to conduct construction and renovation work in the building known as “Konner Court.”

Response: Respectfully refer the Court to the lease between Pretium and Konner for

true, complete and accurate depiction of contents and meaning, and admit Pretium

hired D&J Concept LLC to manage construction and renovation work at the space

referred to in the lease between Pretium and Konner, and otherwise deny knowledge
3

3 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

or information sufficient to form an opinion as to the truth of the allegations set forth

in paragraph 8 of the amended complaint.

9. On or about September 11, 2023, a meeting was held between Konner’s principals,

Greg Konner and Carol Konner; Konner’s secretary, Tasha Spruill; Pretium’s construction

manager from D&J Concepts LLC, David Hornung; and the sole member of Hamptons Hot Yoga,

LLC, Lienette Crafoord; in which the parties discussed Pretium’s planned renovation work.

Response: Deny knowledge or information sufficient to form an opinion as to the

truth of the allegations set forth in paragraph 9 of the amended complaint, except to

admit that on or about September 11, 2023, a meeting was held between Konner’s

principals, Greg Konner and Carol Konner, Konner’s secretary, Tasha Spruill;

Pretium’s construction manager from D&J Concepts LLC, David Hornung; and the

sole member of Hamptons Hot Yoga, LLC, Lienette Crafoord, in which the parties

discussed Pretium’s planned renovation work.

10. During the meeting, Konner’s principals and Pretium’s construction manager made

express representations and orally agreed with the plaintiff that no renovation work would take

place during the hours that the plaintiff held regularly scheduled yoga classes. In turn, the plaintiff

agreed to cancel the 4:30 p.m. yoga classes for one week to provide additional time for the

renovation work to take place.

Response: Deny the allegations set forth in paragraph 10 of the amended complaint.

11. Plaintiff provided Pretium’s construction manager with a written schedule of the

plaintiff’s yoga classes. Annexed hereto as Exhibit “C” is a copy of the schedule.

Response: Respectfully refer the Court to plaintiff’s Exhibit “C” as alleged in

paragraph 11 of the amended complaint for a true, complete and accurate depiction

of its content and meaning and otherwise deny knowledge or information sufficient
4

4 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

to form an opinion as to the truth of the allegations set forth in paragraph 11 of the

amended complaint.

12. On or about September 14, 2023, the plaintiff had to stop the yoga classes again

because the noise from the banging and drilling was excessively loud and disruptive. Plaintiff

again brought it to the attention of Pretium’s construction manager, who responded that he would

reach out to the contractor.

Response: Deny the allegations set forth in paragraph 12 of the amended complaint.

13. On or about September 14, 2023, the plaintiff had to stop the yoga classes again

because the noise from the banging and drilling was excessively loud and disruptive. Plaintiff

again brought it to the attention of Pretium's construction manager, who responded that he would

reach out to the contractor.

Response: Deny the allegations set forth in paragraph 13 of the amended complaint.

14. The construction work has substantially interfered with plaintiff's business to date.

The work has been conducted during the yoga studio's business hours, and includes, but is not

limited to, jackhammering structural components of the building, adding steel beams, drilling

three-foot square holes in the concrete foundation, and the removal of the subfloor above the

studio, leaving only the studio's ceiling sheetrock between the studio and the space above. The

construction work has created holes, cracks, and tears in the studio's sheetrock, leaving the studio

exposed to the space above. Additionally, the walls, ceilings, mirrors, doorways, and other

structural components in the studio have all shifted as a result of the construction work. The

foregoing has caused interruptions with plaintiff's utilities and other services, and made the studio

unsafe, uninhabitable, and unusable for extended periods of time, particularly during regular

business operating hours of the yoga studio.

Response: Deny the allegations set forth in paragraph 14 of the amended complaint.
5

5 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

15. Pretium's construction manager has responded to plaintiff that he has a multi-

million-dollar project to finish and that plaintiff should just cancel the yoga classes.

Response: Deny the allegations set forth in paragraph 15 of the amended complaint.

16. On or about January 16, 2024, plaintiff met with one of Konner's principals, Greg

Konner, to discuss the damage to her business in an effort to resolve this issue without the court's

intervention. She provided Mr. Konner with reports of lost revenue and canceled memberships.

Response: Deny knowledge or information sufficient to form an opinion as to the

truth of the allegations set forth in paragraph 16 of the amended complaint, and

otherwise deny any lost revenue or memberships because of any act and/or omission

by answering defendants.

17. Unfortunately, plaintiff was unsuccessful and the renovation work has continued to

interfere with her business, causing physical damage to the leased space as well as loss of staff

members, cancelled memberships, and refund requests by members.

Response: Deny the allegations set forth in paragraph 17 of the amended complaint.

RESPONSE TO FIRST CAUSE OF ACTION
Breach of Contract

18. The plaintiff’s acceptance of Konner's written lease agreement for the use and

occupancy of the yoga studio constituted a legally binding contract entered into by both parties.

Response: Deny knowledge or information sufficient to form an opinion as to the

truth of the allegations set forth in paragraph 18 of the amended complaint.

19. The parties' lease agreement expressly contained a provision giving the plaintiff the

right of quiet use and enjoyment of the leased premises. In particular, paragraph "FIRST" (QUIET

POSSESSION) of the "THE LANDLORD COVENANTS" provides as follows:

That if and so long as the Tenant pays the rent and "additional rent"
reserved hereby, and performs and observes the covenants and
6

6 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

provisions hereof, the Tenant shall quietly enjoy the demised
premises, subject, however, to the terms of this lease, and to the
mortgages above mentioned, provided however, that this covenant
shall be conditioned upon the retention of title to the premises by
Landlord.

See Exhibit “A”.

Response: Respectfully refer the Court to the parties’ lease agreement referred to in

paragraph 19 of the amended complaint for a true, complete, and accurate depiction

of its content and meaning and otherwise deny knowledge or information sufficient

to form an opinion as to the truth of the allegations set forth in paragraph 19 of the

amended complaint.

20. Konner failed to perform and fulfill its obligations in accordance with the parties'

lease agreement. Specifically, Konner failed to provide plaintiff with quiet use and enjoyment of

the leased premises.

Response: Deny the allegations set forth in paragraph 20 of the amended complaint.

21. The plaintiff dutifully performed all of its obligations in accordance with the parties'

lease agreement.

Response: Deny the allegations set forth in paragraph 21 of the amended complaint.

22. By virtue of Konner's breach of the parties' lease agreement, the plaintiff has been

damaged in a sum to be determined by the court.

Response: Deny the allegations set forth in paragraph 22 of the amended complaint.

RESPONSE TO SECOND CAUSE OF ACTION
Trespass

23. Plaintiff repeats and realleges the statements and allegations contained in

paragraphs "1" through "22" as more fully set forth herein.

7 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

Response: Defendants repeat and restate each preceding paragraph as if set forth

more fully herein.

24. Pretium's construction and renovation work intruded upon plaintiff’s space as well

as parts of the building used by plaintiff with the permission and consent of Konner.

Response: Deny the allegations set forth in paragraph 24 of the amended complaint.

25. The construction and renovation work compromised the integrity of plaintiff's yoga

studio and interfered with the operation of plaintiff's business.

Response: Deny the allegations set forth in paragraph 25 of the amended complaint.

26. Pretium's actions constituted a trespass, as they were an intentional entry onto the

space leased by the plaintiff, as well as parts of the building used by plaintiff with the permission

and consent of Konner, and represented an injury to the right of plaintiff's possession.

Response: Aver that the allegations of paragraph 26 of the amended complaint

consist solely of arguments or conclusions of law, and not allegations which may be

admitted or denied. To the extent any assertion of fact may be deemed to have been

made therein, deny the allegations of paragraph 26 of the amended complaint.

27. Pretium's actions were without justification or permission of the plaintiff.

Response: Deny the allegations set forth in paragraph 27 of the amended complaint.

28. As a result of Pretium's trespass, the plaintiff has been damaged in a sum to be

determined by the court.

Response: Aver that the allegations of paragraph 28 of the amended complaint

consist solely of arguments or conclusions of law, and not allegations which may be

admitted or denied. To the extent any assertion of fact may be deemed to have been

made therein, deny the allegations of paragraph 28 of the amended complaint.

8 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

RESPONSE TO THIRD CAUSE OF ACTION
Nuisance

29. Plaintiff repeats and realleges the statements and allegations contained in

paragraphs "1" through "28" as more fully set forth herein.

Response: Defendants repeat and restate each preceding paragraph as if set forth

more fully herein.

30. The defendants' actions created a private nuisance in that they interfered in a

substantial nature, which was intentional in origin and unreasonable in character, with the

plaintiff's property right to quiet use and enjoyment of the space leased by the plaintiff, as well as

parts of the building used by plaintiff with the permission and consent of Konner.

Response: Aver that the allegations of paragraph 30 of the amended complaint

consist solely of arguments or conclusions of law, and not allegations which may be

admitted or denied. To the extent any assertion of fact may be deemed to have been

made therein, deny the allegations of paragraph 30 of the amended complaint.

31. As a result of the defendants' nuisance, the plaintiff has been damaged in a sum to

be determined by the court.

Response: Aver that the allegations of paragraph 31 of the amended complaint

consist solely of arguments or conclusions of law, and not allegations which may be

admitted or denied. To the extent any assertion of fact may be deemed to have been

made therein, deny the allegations of paragraph 31 of the amended complaint.

RESPONSE TO FOURTH CAUSE OF ACTION
Negligence

32. Plaintiff repeats and realleges the statements and allegations contained in

paragraphs "1" through "31" as more fully set forth herein.

9 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

Response: Defendants repeat and restate each preceding paragraph as if set forth

more fully herein.

33. The defendants owed a duty to protect the plaintiff and plaintiff's property while

engaging in construction and renovations in and around the space leased by the plaintiff, as well

as parts of the building used by plaintiff with the permission and consent of Konner.

Response: Deny the allegations set forth in paragraph 33 of the amended complaint.

34. The defendants breached their duty to protect the plaintiff and plaintiff's property

while engaging in construction and renovations in and around the space leased by the plaintiff, as

well as parts of the building used by plaintiff with the permission and consent of Konner.

Response: Deny the allegations set forth in paragraph 34 of the amended complaint.

35. The defendants and their agents, servants, and employees actually caused damage

to the plaintiff while engaging in construction and renovations in and around the space leased by

the plaintiff, as well as parts of the building used by plaintiff with the permission and consent of

Konner.

Response: Deny the allegations set forth in paragraph 35 of the amended complaint.

36. The defendants and their agents, servants, and employees acted in a negligent

manner which proximately caused the injury and damage to plaintiff's business.

Response: Deny the allegations set forth in paragraph 36 of the amended complaint.

37. The damages suffered by the plaintiff are solely the result of the negligence of the

defendants and their agents, servants, and employees without any contributory negligence on the

part of the plaintiff.

Response: Deny the allegations set forth in paragraph 37 of the amended complaint.

38. As a result of the negligence by the defendants and their agents, servants, and

employees, the plaintiff has been damaged in a sum to be determined by the court.
10

10 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

Response: Deny the allegations set forth in paragraph 38 of the amended complaint.

RESPONSE TO FIFTH CAUSE OF ACTION
Request for Injunctive Relief

39. Plaintiff repeats and realleges the statement and allegations contained in paragraphs

"1" through "38" as more fully set forth herein.

Response: Defendants repeat and restate each preceding paragraph as if set forth

more fully herein.

40. Upon information and belief, Pretium and its agents, servants, and employees

undertook renovation work in the building known as "Konner Court" with the express permission

and consent of Konner.

Response: Deny the allegations set forth in paragraph 40 of the amended complaint.

41. Construction work continues unabated on the space immediately above the yoga

studio as well as next door in an adjoining space, and in the basement of the building.

Response: Deny the allegations set forth in paragraph 41 of the amended complaint.

42. The defendants' inability and refusal to stop the construction work during the hours

of operation of the yoga studio has disrupted plaintiffs business and caused permanent damage.

Response: Deny the allegations set forth in paragraph 42 of the amended complaint.

43. The defendants', their agents, servants, and employees, must be enjoined to prevent

the disruption and irreversible damage to plaintiff's business.

Response: Deny the allegations set forth in paragraph 43 of the amended complaint.

44. Plaintiff has no adequate remedy at law.

Response: Deny the allegations set forth in paragraph 44 of the amended complaint.

11 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

45. Therefore, plaintiff seeks an injunction against Konner, Pretium, D & J Concepts

LLC, and each of their respective agents, servants, and employees, stopping all construction work

at Konner's building, "Konner Court", during the hours of operation of the plaintiff's yoga studio.

Response: Deny the allegations set forth in paragraph 45 of the amended complaint.

RESPONSE TO WHEREFORE CLAUSE

WHEREFORE, the plaintiff demands judgment against the defendant:

A. On the First Cause of Action in a sum to be determined by the court;

B. On the Second Cause of Action in a sum to be determined by the court;

C. On the Third Cause of Action in a sum to be determined by the court;

D. On the Fourth Cause of Action in a sum to be determined by the court;

E. On the Fifth Cause of Action an injunction against Konner, Pretium, D & J Concepts

LLC, and each of their respective agents, servants, and employees, stopping all

construction work at Konner's building, "Korner Court", during the hours of operation

of the plaintiff's yoga studio;

F. Reasonable legal fees, interest, and the costs of this action;

G. Such other and further relief as this court deems just and proper.

Response: Deny that Plaintiffs are entitled to any of the relief requested in the

WHEREFORE clause.

GENERAL DENIAL

Deny any allegation not specifically admitted herein.

AFFIRMATIVE AND OTHER DEFENSES

Defendants assert the following affirmative and other defenses without assuming any

burden of production or proof that they would not otherwise have. Defendants reserve the right to

12 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

assert additional defenses as they may become known during the course of discovery and trial

preparation or otherwise.

FIRST DEFENSE

The amended complaint, and each claim purported to be alleged therein, fails to state a

claim upon which relief can be granted.

SECOND DEFENSE

The amended complaint, and each claim purported to be alleged therein, is barred in whole

or in part, by the equitable doctrines of laches, unclean hands, and/or avoidable consequences.

THIRD DEFENSE

At all times material hereto, the actions of Defendants were justified under the

circumstances, and at all times material hereto, Defendants acted in a manner that was proper,

reasonable and lawful and in the exercise of good faith.

FOURTH DEFENSE

Plaintiff is not entitled to injunctive relief because it has adequate remedies at law if it

proves its claims, which Defendants expressly deny any liability thereunder.

FIFTH DEFENSE

Plaintiff’s claim for damages, if any, are barred, in whole or in part, as a result of their own

culpable conduct and/or their failure to mitigate damages.

RESERVATION OF RIGHTS TO ASSERT ADDITIONAL DEFENSES

Defendants reserve the right to assert such other additional and/or affirmative defenses that

may become known to it through discovery.

JURY DEMAND

Defendants demand a trial by jury on all triable issues of fact.

13 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

WHEREFORE, Defendants respectfully demand judgment as follows: (a) dismissing the

complaint in its entirety, with prejudice; (b) deny each and every demand, claim, and/or prayer for

relief contained in the complaint’ (c) award Defendants reasonable attorneys’ fees, costs, and

disbursements incurred in defending against this action; and (d) for such other and further relief

deemed just and proper.

Dated: Islandia, New York
April 1, 2024
Respectfully submitted,

LEWIS JOHS AVALLONE AVILES, LLP

By: /s/ Michael J. Del Piano
Michael J. Del Piano
1377 Motor Parkway, Suite 400
Islandia, New York 11749
(631) 755-0101
mjdelpiano@lewisjohs.com

Attorneys for Defendants
D&J Concepts LLC and Pretium

TO: Michael Garabedian, Esq. (by NYSCEF)
EGAN & GOLDEN, LLP
96 South Ocean Avenue
Patchogue, New York 11772
(631) 447-8100
garabedian@egangolden.com

Attorneys for Plaintiffs

Robert Marcincuk, Esq. (by NYSCEF)
O’SHEA, MARCINCUK & BRUYN, LLP
250 N. Sea Road
Southampton, New York 11968
(631) 283-7007
rmarcincuk@omblaw.com

Attorneys for Defendants
Konner Capital Corp. d/b/a Konner Development Corp.

14 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

VERIFICATION

DAVID J. HORNUNG, being duly sworn, deposes and says:

I am a member of D & J Concepts, LLC, a defendant in the above-referenced action. I

have reviewed the foregoing document and affirm the following is true based upon my own

knowledge, except as to matters stated upon information and belief and, as to those matters, I

believe them to be true.

Dated: April 1, 2024

c:5:xO~
David J. Hornung
,
Sworn to before me
this 1st day of April, 2024.

Notary Public

KEVIN RODRIGUEZ OSORIO
NOTARY PUBLIC, STATE OF NEW YORK
NO.0IRO6416209
QUALIFIED IN SUFFOLK COUNTI'
TERM EXPIRES APRIL 12, 2025

15 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

VERIFICATION

LAURA A. CAPPIELLO, being duly sworn, deposes and says:

I am the Chief Human Resources Officer of Pretium Partners, LLC, a defendant in the

above-referenced action. I have reviewed the foregoing document and affirm the following is true

based upon my own knowledge, except as to matters stated upon information and belief and, as to

those matters, I believe them to be true.
------
Dated: April 1, 2024

~ ~
Laura A. Cappiello

Sworn to before me
CHRISTINE NEGRONI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 NE6327770
Qualified in Queens County
My Commission Expires 07-13-2027

16 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

AFFIDAVIT OF SERVICE

STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )

LISSA CURRERI, being duly sworn, deposes and says:

That deponent is not a party to this action, is over 18 years of age and resides in Suffolk
County, New York.

That on the yct day of April , 2024, deponent served the within VERIFIED ANSWER,
upon the attorneys below set forth representing the pa1ties as indicated, via NYSCEF, at the e-mail
addresses shown, said addresses being designated by said attorneys for that purpose.

Michael Garabedian, Esq. (by NYSCEF) Robe1t Marcincuk, Esq. (by NYSCEF)
EGAN & GOLDEN, LLP O'SHEA, MARCJNCUK & BRUYN,
96 South Ocean Avenue LLP
Patchogue, New York 11 772 250 N . Sea Road
(63 I) 447-8 100 Southampton, New York 11 968
garabedian@egangolden.com (63 1) 283-7007
rmarcincuk@omblaw.com
Attorneys for Plaintiffs
Attorneys for Defendants
Kanner Capital Corp.
d/bJi Kanner Deve 'Pment Corp.

Sworn to ~ me this
3"' dr April, 2024.

Joanne A. Meyers
Nota,y Public, State of New York
Registration No. 0JME6110844
Qualified in Suffolk County
Commission Expires: Jun e 1, 2028

17 of 18
FILED: SUFFOLK COUNTY CLERK 04/03/2024 03:40 PM INDEX NO. 606342/2024
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 04/03/2024

Index No. Year 20

Attorneys for _________________

Lewis Johs Avallone Aviles, LLP
, Suite
Islandia, N.Y. 11749
Tel: 631.755.0101
Fax: 631.755.0117
File No.: ___________________
www.lewisjohs.com

CERTIFICATION PURSUANT TO 22N.Y.C.R.R.§130-1.1a
The undersigned hereby certifies that, pursuant to 22 N.Y.C.R.R.§130-1.1a, the contentions contained in the annexed document(s) is
not frivolous nor frivolously presented

Service of a copy of the within is hereby admitted.

Dated,

Attorney(s) for ------------------------------------------

18 of 18

Case Info

Judge

J-Comm Andrews Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

April 03, 2024

Case Filing Date

March 12, 2024

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Answer: Hamptons Hot Yoga, Llc v. Konner Capital Corp. d/b/a KONNER DEVELOPMENT CORP., D&J Concepts Llc, Pretium

Preview

Related Topics

Case Info

Parties