Preview
FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
:
126™
11 WEST STREET LENDER 1 LLC, Index No. 850027/2018
:
Plaintiff,
ANSWER OF xxxxx
- against -
xxxxxxxxx
:
126™
11 WEST HOLDINGS LLC, RAVINDRANATH .
126™
SURIA, xxxxxxxxxxxxxxx, 11 WEST STREET
LENDER 2 LLC, NEW YORK CITY ENERGY .
#1"
EFFICIENCY CORPORATION and "JOHN DOE
through JOHN DOE #12", the last twelve names being .
fictitious and unknown to Plaintiff, the persons or parties
intended being the tenants, occupants, persons or .
corporations, if any, having or claiming an interest upon the
Property described in the Complaint, .
Defendants. .
X
("Defendant"
Defendant xxxxxxxxxxxxxxx ("Defendant"), by his undersigned attorneys, Izower
126th
Feldman, LLP, as and for his answer to the Complaint of the plaintiff 11 West Street
("Plaintiff"
Lender 1, LLC ("Plaintiff"), hereby responds as follows:
1. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 1 of the Complaint.
2. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 2 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
3. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 3 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
4. Denies having knowledge or information sufficient to form a belief as to the
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allegations contained in paragraph 4 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
5. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 5 of the Complaint.
6. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 6 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
7. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 7 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
8. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 8 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
9. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 9 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
10. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 10 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
11. Denies having knowledge or information sufficient to form a belief as to the
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allegations contained in paragraph 11 of the Complaint.
12. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 12 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
13. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 13 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
14. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 14 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
15. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 15 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
16. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 16 of the Complaint, except admits that Defendant is a
'D'"
signatory to the document referenced as "Exhibit therein, and refers the Court to the
document therein referenced for its terms, conditions and effect, and refers allquestions of law to
the Court.
17. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 17 of the Complaint and refers the Court to the document
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therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
18. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 18 of the Complaint and refers allquestions of law to the
Court.
19. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 19 of the Complaint.
20. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 20 of the Complaint.
21. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 21 of the Complaint and refers allquestions of law to the
Court.
22. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 22 of the Complaint and refers allquestions of law to the
Court.
23. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 23 of the Complaint and refers allquestions of law to the
Court.
24. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 24 of the Complaint and refers allquestions of law to the
Court.
25. Answers the allegations contained in paragraph 25 of the Complaint by repeating
and realleging each of the answers hereinabove to said allegations.
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26. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 26 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
27. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 27 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
28. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 28 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
29. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 29 of the Complaint.
30. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 30 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
31. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 31 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
32. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 32 of the Complaint and refers allquestions of law to the
Court.
33. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 33 of the Complaint and refers allquestions of law to the
Court.
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34. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 34 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
35. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 35 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
36. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 36 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect.
37. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 37 of the Complaint and refers the Court to the document
therein referenced for itsterms, conditions and effect, and refers all questions of law to the
Court.
38. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 38 of the Complaint, notes that the referenced document
speaks for itself and refers the Court to the document therein referenced for itsterms, conditions
and effect, and refers all questions of law to the Court.
39. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 39 of the Complaint and refers the Court to the document
therein referenced for their terms, conditions and effect, and refers allquestions of law to the
Court.
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40. Admits that Defendant executed the Building Guarantee annexed to the
"I"
Complaint as Exhibit and refers the Court to the documents therein referenced in paragraph
40 of the Complaint for their terms, conditions and effect, and refers all questions of law to the
Court.
41. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 41 of the Complaint and refers the Court to the document
therein referenced for their terms, conditions and effect, and refers allquestions of law to the
Court.
42. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 42 of the Complaint and refers the Court to the document
therein referenced for their terms, conditions and effect, and refers allquestions of law to the
Court.
43. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 43 of the Complaint.
44. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 44 of the Complaint and refers allquestions of law to the
Court.
45. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 45 of the Complaint and refers allquestions of law to the
Court.
46. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 46 of the Complaint and refers allquestions of law to the
Court.
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47. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 47 of the Complaint and refers allquestions of law to the
Court.
48. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 48 of the Complaint and refers allquestions of law to the
Court.
49. Answers the allegations contained in paragraph 49 of the Complaint by repeating
and realleging each of the answers hereinabove to said allegations.
50. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 50 of the Complaint and refers the Court to the documents
therein referenced for their terms, conditions and effect, and refers allquestions of law to the
Court.
51. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 50 of the Complaint and refers to the documents referenced
therein for their terms, conditions and effect, and refers all questions of law to the Court.
52. Admits that Defendant is a New York resident as set forth in paragraph 52 of the
Complaint, admits that Defendant executed the Land Guarantee and Building Guarantee as
annexed as Exhibits D and I, denies the remaining allegations set forth in paragraph 52 of the
Complaint, refers the Court to the documents therein referenced for their terms, conditions and
effect, and refers all questions of law to the Court.
53. Denies the allegations contained in paragraph 53 of the Complaint and refers to
the documents referenced therein for their terms, conditions and effect, and refers allquestions of
law to the Court.
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54. Answers the allegations contained in paragraph 54 of the Complaint by repeating
and realleging each of the answers hereinabove to said allegations.
55. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 55 of the Complaint and refers to the documents referenced
therein for their terms, conditions and effect, and refers all questions of law to the Court.
56. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 56 of the Complaint and refers to the documents referenced
therein for their terms, conditions and effect, and refers all questions of law to the Court.
57. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 57 of the Complaint and refers to the documents referenced
therein for their terms, conditions and effect, and refers all questions of law to the Court.
58. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 58 of the Complaint and refers to the documents referenced
therein for their terms, conditions and effect, and refers all questions of law to the Court.
FIRST AFFIRMATIVE DEFENSE
59. The Complaint fails to set forth a cause of action upon which relief can be
granted.
SECOND AFFIRMATIVE DEFENSE
60. Plaintiff has failed to comply with the applicable requirements and sections under
Article 13 of the New York RPAPL.
THIRD AFFIRMATIVE DEFENSE
61. Plaintiff has failed to allege and/or demonstrate compliance in the transmittal of a
notice of default prior to commencing this action as required under the terms of the mortgage
and/or loan documents referenced in the Complaint.
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FOURTH AFFIRMATIVE DEFENSE
62. Plaintiff has breach the implied covenant of good faith and fair dealing.
FIFTH AFFIRMATIVE DEFENSE
63. Plaintiff's claims are barred by the equitable principles of laches and unclean
hands.
SIXTH AFFIRMATIVE DEFENSE
64. Plaintiff's claims are barred by the principles of estoppel.
SEVENTH AFFIRMATIVE DEFENSE
65. Plaintiff has suffered no damages or injury as a result of any action or conduct of
the Defendant.
EIGHTH AFFIRMATIVE DEFENSE
66. To the extent that Plaintiff has failed to demonstrate any deficiency, Plaintiff's
claims are premature.
NINTH AFFIRMATIVE DEFENSE
67. Plaintiff has failed to allege any deficiency for which itmay assert claims against
Defendant.
TENTH AFFIRMATIVE DEFENSE
68. Plaintiff's claim against Defendant is not ripe and is premature because itdoes not
present a cognizable controversy and should therefore be dismissed
ELEVENTH AFFIRMATIVE DEFENSE
69. Plaintiff's claims for relief are barred, in whole or in part, because ithas failed to
sustain any ascertainable money damages.
TWELFTH AFFIRMATIVE DEFENSE
70. Plaintiff has elected to foreclose therefore is barred from recovering from
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Defendant.
WHEREFORE, Defendant xxxxxxxxxxxxxxx respectfully requests that the Court enter
judgment in his favor and against Plaintiff by dismissing the claims in the Complaint; award all
attorney's fees and costs in defense of this action; and award such other and further relief as this
Court deems just and proper.
Dated: New York, New York
May 31, 2018
IZOWER FELDMAN, LLP
Attorneys for Defendant xxxxxxxxxxxxxxx
QV
Stephanie R. Feldman, Esq.
Ronald D. Lefton, Esq.
85 Broad Street, Floor 18
New York, NY 10280
Tel: 646-688-3232
ANSWER-
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No. 850027/2018
126™ LENDER
11 WEST STREET 1 LLC,
PlaintifE
- against -
126™
11 WEST HOLDINGS LLC, RAVINDRANATH SURIA,
126™
xxxxxxxxxxxxxxx, 11 WEST STREET LENDER 2 LLC,
NEW YORK CITY ENERGY EFFICIENCY CORPORATION and
#1"
"JOHN DOE through JOHN DOE #12", the last twelve names
being fictitious and unknown to Plaintiff, the persons or parties
intended being the tenants, occupants, persons or corporations, if
any, having or claiming an interest upon the Property described in
the Complaint,
Defendants.
ANSWER OF xxxxxxxxxxxxxxx
IZOWER FELDMAN, LLP
Attorneys for Defendant xxxxxxxxxxxxxxx
85 Broad Street, Floor 18
New York, NY 10004
Tel: 646-688-3232
Pursuant to22 NYCRR 130-1.1, theundersignect an attorneyadmitted to practicein thecourts ofNew York State, certifies
that,upon
information and beliefand reasonable inquiry,thecontentions contained inthe annexed documents are not frivolous.
/ /~(t
Dated:
Stephanie R Feldman, Esq.
PLEASE TAKE NCYTICE: To:
[ ] NCYTICE OF ENTRY
thatthe within is a true
copy ofan duly enteredin theofficeof theclerk ofthe within named court on the day of
[ ] NCYFICE OF SETTLEMENT
thatan order
of which thewithin is a true
copy willbe presented forsettlementtothe Hon. one of the judges
of the withinnamed count,at
on the day of A.M.
Dated,
Yours, etc.
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FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X : 126™ 11 WEST STREET LENDER 1 LLC, Index No. 850027/2018 : Plaintiff, ANSWER OF xxxxx - against - xxxxxxxxx : 126™ 11 WEST HOLDINGS LLC, RAVINDRANATH . 126™ SURIA, xxxxxxxxxxxxxxx, 11 WEST STREET LENDER 2 LLC, NEW YORK CITY ENERGY . #1" EFFICIENCY CORPORATION and "JOHN DOE through JOHN DOE #12", the last twelve names being . fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or . corporations, if any, having or claiming an interest upon the Property described in the Complaint, . Defendants. . X ("Defendant" Defendant xxxxxxxxxxxxxxx ("Defendant"), by his undersigned attorneys, Izower 126th Feldman, LLP, as and for his answer to the Complaint of the plaintiff 11 West Street ("Plaintiff" Lender 1, LLC ("Plaintiff"), hereby responds as follows: 1. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 1 of the Complaint. 2. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 2 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 3. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 3 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 4. Denies having knowledge or information sufficient to form a belief as to the ANSWER- 1— 1 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 allegations contained in paragraph 4 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 5. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 5 of the Complaint. 6. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 6 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 7. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 7 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 8. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 8 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 9. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 9 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 10. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 10 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 11. Denies having knowledge or information sufficient to form a belief as to the ANswER —2— 2 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 allegations contained in paragraph 11 of the Complaint. 12. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 12 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 13. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 13 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 14. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 14 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 15. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 15 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 16. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 16 of the Complaint, except admits that Defendant is a 'D'" signatory to the document referenced as "Exhibit therein, and refers the Court to the document therein referenced for its terms, conditions and effect, and refers allquestions of law to the Court. 17. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 17 of the Complaint and refers the Court to the document ANSWER - 3— 3 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 18. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 18 of the Complaint and refers allquestions of law to the Court. 19. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 19 of the Complaint. 20. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 20 of the Complaint. 21. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 21 of the Complaint and refers allquestions of law to the Court. 22. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 22 of the Complaint and refers allquestions of law to the Court. 23. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 23 of the Complaint and refers allquestions of law to the Court. 24. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 24 of the Complaint and refers allquestions of law to the Court. 25. Answers the allegations contained in paragraph 25 of the Complaint by repeating and realleging each of the answers hereinabove to said allegations. ANSWER - 4— 4 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 26. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 26 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 27. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 27 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 28. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 28 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 29. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 29 of the Complaint. 30. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 30 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 31. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 31 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 32. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 32 of the Complaint and refers allquestions of law to the Court. 33. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 33 of the Complaint and refers allquestions of law to the Court. ANswER - 5— 5 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 34. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 34 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 35. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 35 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 36. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 36 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect. 37. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 37 of the Complaint and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 38. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 38 of the Complaint, notes that the referenced document speaks for itself and refers the Court to the document therein referenced for itsterms, conditions and effect, and refers all questions of law to the Court. 39. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 39 of the Complaint and refers the Court to the document therein referenced for their terms, conditions and effect, and refers allquestions of law to the Court. ANswER - 6— 6 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 40. Admits that Defendant executed the Building Guarantee annexed to the "I" Complaint as Exhibit and refers the Court to the documents therein referenced in paragraph 40 of the Complaint for their terms, conditions and effect, and refers all questions of law to the Court. 41. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 41 of the Complaint and refers the Court to the document therein referenced for their terms, conditions and effect, and refers allquestions of law to the Court. 42. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 42 of the Complaint and refers the Court to the document therein referenced for their terms, conditions and effect, and refers allquestions of law to the Court. 43. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 43 of the Complaint. 44. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 44 of the Complaint and refers allquestions of law to the Court. 45. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 45 of the Complaint and refers allquestions of law to the Court. 46. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 46 of the Complaint and refers allquestions of law to the Court. ANSWER - 7— 7 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 47. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 47 of the Complaint and refers allquestions of law to the Court. 48. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 48 of the Complaint and refers allquestions of law to the Court. 49. Answers the allegations contained in paragraph 49 of the Complaint by repeating and realleging each of the answers hereinabove to said allegations. 50. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 50 of the Complaint and refers the Court to the documents therein referenced for their terms, conditions and effect, and refers allquestions of law to the Court. 51. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 50 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers all questions of law to the Court. 52. Admits that Defendant is a New York resident as set forth in paragraph 52 of the Complaint, admits that Defendant executed the Land Guarantee and Building Guarantee as annexed as Exhibits D and I, denies the remaining allegations set forth in paragraph 52 of the Complaint, refers the Court to the documents therein referenced for their terms, conditions and effect, and refers all questions of law to the Court. 53. Denies the allegations contained in paragraph 53 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers allquestions of law to the Court. ANSWER - 8— 8 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 54. Answers the allegations contained in paragraph 54 of the Complaint by repeating and realleging each of the answers hereinabove to said allegations. 55. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 55 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers all questions of law to the Court. 56. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 56 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers all questions of law to the Court. 57. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 57 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers all questions of law to the Court. 58. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 58 of the Complaint and refers to the documents referenced therein for their terms, conditions and effect, and refers all questions of law to the Court. FIRST AFFIRMATIVE DEFENSE 59. The Complaint fails to set forth a cause of action upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE 60. Plaintiff has failed to comply with the applicable requirements and sections under Article 13 of the New York RPAPL. THIRD AFFIRMATIVE DEFENSE 61. Plaintiff has failed to allege and/or demonstrate compliance in the transmittal of a notice of default prior to commencing this action as required under the terms of the mortgage and/or loan documents referenced in the Complaint. ANSWER - 9— 9 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 FOURTH AFFIRMATIVE DEFENSE 62. Plaintiff has breach the implied covenant of good faith and fair dealing. FIFTH AFFIRMATIVE DEFENSE 63. Plaintiff's claims are barred by the equitable principles of laches and unclean hands. SIXTH AFFIRMATIVE DEFENSE 64. Plaintiff's claims are barred by the principles of estoppel. SEVENTH AFFIRMATIVE DEFENSE 65. Plaintiff has suffered no damages or injury as a result of any action or conduct of the Defendant. EIGHTH AFFIRMATIVE DEFENSE 66. To the extent that Plaintiff has failed to demonstrate any deficiency, Plaintiff's claims are premature. NINTH AFFIRMATIVE DEFENSE 67. Plaintiff has failed to allege any deficiency for which itmay assert claims against Defendant. TENTH AFFIRMATIVE DEFENSE 68. Plaintiff's claim against Defendant is not ripe and is premature because itdoes not present a cognizable controversy and should therefore be dismissed ELEVENTH AFFIRMATIVE DEFENSE 69. Plaintiff's claims for relief are barred, in whole or in part, because ithas failed to sustain any ascertainable money damages. TWELFTH AFFIRMATIVE DEFENSE 70. Plaintiff has elected to foreclose therefore is barred from recovering from ANSWER - 10— 10 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 Defendant. WHEREFORE, Defendant xxxxxxxxxxxxxxx respectfully requests that the Court enter judgment in his favor and against Plaintiff by dismissing the claims in the Complaint; award all attorney's fees and costs in defense of this action; and award such other and further relief as this Court deems just and proper. Dated: New York, New York May 31, 2018 IZOWER FELDMAN, LLP Attorneys for Defendant xxxxxxxxxxxxxxx QV Stephanie R. Feldman, Esq. Ronald D. Lefton, Esq. 85 Broad Street, Floor 18 New York, NY 10280 Tel: 646-688-3232 ANSWER- AwsweR - 11- 11 of 12 FILED: NEW YORK COUNTY CLERK 05/31/2018 04:28 PM INDEX NO. 850027/2018 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 05/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 850027/2018 126™ LENDER 11 WEST STREET 1 LLC, PlaintifE - against - 126™ 11 WEST HOLDINGS LLC, RAVINDRANATH SURIA, 126™ xxxxxxxxxxxxxxx, 11 WEST STREET LENDER 2 LLC, NEW YORK CITY ENERGY EFFICIENCY CORPORATION and #1" "JOHN DOE through JOHN DOE #12", the last twelve names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest upon the Property described in the Complaint, Defendants. ANSWER OF xxxxxxxxxxxxxxx IZOWER FELDMAN, LLP Attorneys for Defendant xxxxxxxxxxxxxxx 85 Broad Street, Floor 18 New York, NY 10004 Tel: 646-688-3232 Pursuant to22 NYCRR 130-1.1, theundersignect an attorneyadmitted to practicein thecourts ofNew York State, certifies that,upon information and beliefand reasonable inquiry,thecontentions contained inthe annexed documents are not frivolous. / /~(t Dated: Stephanie R Feldman, Esq. PLEASE TAKE NCYTICE: To: [ ] NCYTICE OF ENTRY thatthe within is a true copy ofan duly enteredin theofficeof theclerk ofthe within named court on the day of [ ] NCYFICE OF SETTLEMENT thatan order of which thewithin is a true copy willbe presented forsettlementtothe Hon. one of the judges of the withinnamed count,at on the day of A.M. Dated, Yours, etc. 12 of 12