Preview
FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017
NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 06/14/2018
FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017
NYSCEF DOC. NO. 56 INDEX
RECEIVED NO. 150523/2017
NYSCEF: 06/14/2018
|FILED : NEW YORK COUNTY CLERK 03 / 27 / 2017 03 : 36 PM|
NY-SCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
BOARD OF MANAGERS OF THE REGATTA
CONDOMINIUM
Plaintiff, VERIFIED ANSWER
- against - No. 150523/2017
Index
VINAY K DEWAN, ANJALI DEWAN, JP
DOE"
MORTGAGE CHASE BANK, AND "JOHN No.
DOE"
1 through "JOHN No. 15, the true name of said
defendants being unknown to plaintiff, the parties
intended to be those persons having or claiming an
interest in the liened premises described in the complaint
by virtue of being tenants, or occupants, or judgment-
creditors, or lienors of any type or nature in allor part of
said premises,
Defendants.
X
The Defendant, JPMorgan Chase Bank, N.A. s/h/a JP Morgan Chase Bank
("Defendant"
("Defendant"), by its attorneys, Shapiro, DiCaro & Barak, LLC, as and for its Answer to
Plaintiff'sSummons and Complaint in thisaction, respectfully sets forth the following:
1. That it denies having knowledge or information sufficient to form a belief as to
"I" "20"
the truth of the allegations contained in the paragraphs numbered through "16"; "18";
"35" "36"
through "31"; "33"; and through of Plaintiff's Complaint.
2. That it denies the truth of the allegations contained in paragraphs "17"; "19";
cc32tl, L434t'5
"32"; and "34".
3. That it denies each and every allegation of the Complaint not hereinbefore
specifically admitted, denied or otherwise controverted in any way.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
4. Plaintiff's Complaint failsto state a cognizable claim or cause of action
legally
upon which relief can be granted as against Defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
5. Defendant possesses defenses founded upon documentary evidence, including,
but not limited to, a release of mortgage, dated January 17, 2017 and recorded in the Office of
the City Register on March 22, 2017 as CRFN: 2017000111187, which release discharged a
prior mortgage of record, thereby making Defendant's mortgage, upon information and belief,
the firstmortgage of record on the premises foreclosed herein.
being
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
6. Plaintiff's claims and causes of action are barred, in whole or in part, by the
doctrine of unjust enrichment.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
7. Plaintiff's claims and causes of action are barred, in whole or in part, by the
equitable doctrines of laches, estoppel, waiver, ratification, and/or unclean hands.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
8. Plaintiff has not alleged or sustained any damages that were caused by Defendant,
or for which Defendant is,or could be, legally responsible.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
9. Plaintiff failed to mitigate any damages itmay have incurred.
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AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
10. Plaintiff's claims and causes of action are in whole or in the
barred, part, by
statute of frauds.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
11. Plaintiff's claims and causes of actions are barred, in whole or in the
part, by
parol evidence rule.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
Plaintiffs'
12. claims and causes of actions are barred, in whole or in part, because of
collateral estoppel and/or res judicata.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
13. Plaintiff's claims and causes of action are barred, in whole or in part, due to its
culpable conduct.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
14. Plaintiff lacks standing and/or legal capacity to sue.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
15. The Court lacks personal jurisdiction over Defendant due to improper service of
process.
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AS AND FOR'A THIRTEENTE AFFIRMATIVE DEFENSE,
DEFENDANT ALLEGES AS FOLLOWS:
16. Defendant hereby gives notice that itintends to upon other and additional
rely any
defenses that are now or may become available or as a result of the proceedings
during discovery
in this action, and hereby reserve itsrights to amend thisAnswer to assert such defenses.
Plaintifi"
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint and each and
every cause of action and claim alleged therein be dismissed, with prejudice, against Defendant,
and that Defendant be awarded the costs and disbursements of this action as allowed by statute,
together with such other and further reliefas the Court may deem just and proper.
Date: March 27, 2017
/
MAX)~
Ellis M. Oster, Esq.
Sr. Associate, Director of Litigation
SHAPIRO, DICARO 2 BARAK, LLC
Attorneysfor Defendan
JPMorgan Chase Bank N.A.
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
To: Robert T. Holland, Esq.
BELKIN BURDEN WENIG & GOLDMAN, LLP
Auorneysfor Plaintiff
270 Madison Avenue
New York, New York 10016
Served Via E-Filing
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VERIFICATION
STATE OF NEW YORK :
: SS.
COUNTY OF MONROE :
Ellis M. Oster, being duly sworn, pursuant to CPLR 2106, deposes and says:
That he is an associate of the firm of Shapiro, DiCaro & LLC, attorneys for
Barak,
JPMorgan Chase "Defendant"
Bank, N.A. s/h/a JP Morgan Chase Bank (hereinafter "Defendant"), in the
above entitled action, with offices located at 175 Mile New York
Crossing Boulevard, Rochester,
14624; that he has read the foregoing Answer and knows the contents thereof; that the same is
true to his own knowledge
MJ4 except ys
as
ua to
au the
iaV matters stated to
iV be
VV alleged on information
JiilVl
iiiQLJUJ1and L/VilVJ i
belief,
and that as to those matters he believes them to be true.
That the reason this verification is made by deponent instead of the Defendant is because
the Defendant is not within the County of Monroe, which is the county where deponent has his
office. Deponent further says that the grounds of his belief as to all matters in the Answer not
stated to be upon his knowledge are based upon the books and records of Defendant.
Dated: March 27, 2017
7
By: Ellis M. Oster, Esq.
Senior Associate, Director of Litigation
BARAI.
SHAPIRO, DICARO 4 BARAK, LLC
Attorneys for Defendant,
JPMorgan Chase Banlq N.A.
175 Mile Crossing Boulevard
Rochester, NY 14624
(585) 247-9000
Fax: (585) 247-7380
l5-042171 VerifiedAnswer Page5 of6
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017
ATTORNETS CERTIFICATION
I,Ellis M Oster, am an attorney duly admitted to the practice of law in the State of New
York. I am an associate of the firm of Shapiro, DiCaro & Barak, LLC, the attorneys for the
Defendant, JPMorgan Chase Bank,.N.A. s/h/a JP Morgan Chase Bank, in the above captioned
civilaction.
I HEREBY CERTIFY, pursuant to § 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the papers in this action checked
below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of
the Rules of the Chief Administrator (22NYCRR):
} Summons & Complaint
{ } Notice of Motion for Summary / Default Judgment
{ } Attorney's Affirmation
{X} Other: Verified Answer
Date: March 27, 2017
EHis M, Oster, Esq.
Sr. Associate, Director of Litigation
SHAPIRO,DICARD & BARAK, LLC
Attorneysfor Defendant
JPMorganChase Bank,N.A.
175 MBe Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
15-042171 VerifiedAnswer Page 6 of6
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 56 RECEIVED NYSCEF: 06/14/2018 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 56 INDEX RECEIVED NO. 150523/2017 NYSCEF: 06/14/2018 |FILED : NEW YORK COUNTY CLERK 03 / 27 / 2017 03 : 36 PM| NY-SCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X BOARD OF MANAGERS OF THE REGATTA CONDOMINIUM Plaintiff, VERIFIED ANSWER - against - No. 150523/2017 Index VINAY K DEWAN, ANJALI DEWAN, JP DOE" MORTGAGE CHASE BANK, AND "JOHN No. DOE" 1 through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the liened premises described in the complaint by virtue of being tenants, or occupants, or judgment- creditors, or lienors of any type or nature in allor part of said premises, Defendants. X The Defendant, JPMorgan Chase Bank, N.A. s/h/a JP Morgan Chase Bank ("Defendant" ("Defendant"), by its attorneys, Shapiro, DiCaro & Barak, LLC, as and for its Answer to Plaintiff'sSummons and Complaint in thisaction, respectfully sets forth the following: 1. That it denies having knowledge or information sufficient to form a belief as to "I" "20" the truth of the allegations contained in the paragraphs numbered through "16"; "18"; "35" "36" through "31"; "33"; and through of Plaintiff's Complaint. 2. That it denies the truth of the allegations contained in paragraphs "17"; "19"; cc32tl, L434t'5 "32"; and "34". 3. That it denies each and every allegation of the Complaint not hereinbefore specifically admitted, denied or otherwise controverted in any way. 15-042171 VerifiedAnswer Page 1 of4 1af 6 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF fFILED DOC. : NO. NEW 56 YORK COUNTY CLERK 03 27 2017 03 : 36 RECEIVED INDEX NYSCEF: NO. 06/14/2018 150523/2017 / / PM| NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 AS AND FOR A FIRST AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 4. Plaintiff's Complaint failsto state a cognizable claim or cause of action legally upon which relief can be granted as against Defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 5. Defendant possesses defenses founded upon documentary evidence, including, but not limited to, a release of mortgage, dated January 17, 2017 and recorded in the Office of the City Register on March 22, 2017 as CRFN: 2017000111187, which release discharged a prior mortgage of record, thereby making Defendant's mortgage, upon information and belief, the firstmortgage of record on the premises foreclosed herein. being AS AND FOR A THIRD AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 6. Plaintiff's claims and causes of action are barred, in whole or in part, by the doctrine of unjust enrichment. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 7. Plaintiff's claims and causes of action are barred, in whole or in part, by the equitable doctrines of laches, estoppel, waiver, ratification, and/or unclean hands. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 8. Plaintiff has not alleged or sustained any damages that were caused by Defendant, or for which Defendant is,or could be, legally responsible. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 9. Plaintiff failed to mitigate any damages itmay have incurred. 15-042171 Verified Answer Page 2 of 4 2 of 6 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF (FILED: DOC.NEWNO. 56 YORK COUNTY CLERK 03 /27 /2017 03 : 36 RECEIVED INDEX NYSCEF: NO. 06/14/2018 150523/2017 PM| NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 10. Plaintiff's claims and causes of action are in whole or in the barred, part, by statute of frauds. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 11. Plaintiff's claims and causes of actions are barred, in whole or in the part, by parol evidence rule. AS AND FOR A NINTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: Plaintiffs' 12. claims and causes of actions are barred, in whole or in part, because of collateral estoppel and/or res judicata. AS AND FOR A TENTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 13. Plaintiff's claims and causes of action are barred, in whole or in part, due to its culpable conduct. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 14. Plaintiff lacks standing and/or legal capacity to sue. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 15. The Court lacks personal jurisdiction over Defendant due to improper service of process. 15-042171 Verified Answer Page 3 of 4 3 of 6 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF [F ILED DOC. : NO. NEW 56 YORK COUNTY CLERK 03 /27 /2017 03 : 36 PM) RECEIVED INDEX NYSCEF: NO. 06/14/2018 150523/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 AS AND FOR'A THIRTEENTE AFFIRMATIVE DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 16. Defendant hereby gives notice that itintends to upon other and additional rely any defenses that are now or may become available or as a result of the proceedings during discovery in this action, and hereby reserve itsrights to amend thisAnswer to assert such defenses. Plaintifi" WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint and each and every cause of action and claim alleged therein be dismissed, with prejudice, against Defendant, and that Defendant be awarded the costs and disbursements of this action as allowed by statute, together with such other and further reliefas the Court may deem just and proper. Date: March 27, 2017 / MAX)~ Ellis M. Oster, Esq. Sr. Associate, Director of Litigation SHAPIRO, DICARO 2 BARAK, LLC Attorneysfor Defendan JPMorgan Chase Bank N.A. 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 To: Robert T. Holland, Esq. BELKIN BURDEN WENIG & GOLDMAN, LLP Auorneysfor Plaintiff 270 Madison Avenue New York, New York 10016 Served Via E-Filing 15-042171 VerifiedAnswer Page 4 of4 4 of 6 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF ILED DOC. NO. NEW 56 YORK COUNTY CLERK INDEX RECEIVED NO. NYSCEF: 06/14/2018 150523/2017 [F : 03 / 27 / 2 0 17 03 : 3 6 PM NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 VERIFICATION STATE OF NEW YORK : : SS. COUNTY OF MONROE : Ellis M. Oster, being duly sworn, pursuant to CPLR 2106, deposes and says: That he is an associate of the firm of Shapiro, DiCaro & LLC, attorneys for Barak, JPMorgan Chase "Defendant" Bank, N.A. s/h/a JP Morgan Chase Bank (hereinafter "Defendant"), in the above entitled action, with offices located at 175 Mile New York Crossing Boulevard, Rochester, 14624; that he has read the foregoing Answer and knows the contents thereof; that the same is true to his own knowledge MJ4 except ys as ua to au the iaV matters stated to iV be VV alleged on information JiilVl iiiQLJUJ1and L/VilVJ i belief, and that as to those matters he believes them to be true. That the reason this verification is made by deponent instead of the Defendant is because the Defendant is not within the County of Monroe, which is the county where deponent has his office. Deponent further says that the grounds of his belief as to all matters in the Answer not stated to be upon his knowledge are based upon the books and records of Defendant. Dated: March 27, 2017 7 By: Ellis M. Oster, Esq. Senior Associate, Director of Litigation BARAI. SHAPIRO, DICARO 4 BARAK, LLC Attorneys for Defendant, JPMorgan Chase Banlq N.A. 175 Mile Crossing Boulevard Rochester, NY 14624 (585) 247-9000 Fax: (585) 247-7380 l5-042171 VerifiedAnswer Page5 of6 5 of 6 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 56 RECEIVED INDEX NYSCEF: NO. 06/14/2018 150523/2017 |FILED : NEW YORK COUNTY CLERK 03 / 27 / 2017 03 : 3 6 PM| NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/27/2017 ATTORNETS CERTIFICATION I,Ellis M Oster, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of the firm of Shapiro, DiCaro & Barak, LLC, the attorneys for the Defendant, JPMorgan Chase Bank,.N.A. s/h/a JP Morgan Chase Bank, in the above captioned civilaction. I HEREBY CERTIFY, pursuant to § 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the papers in this action checked below, or the contentions therein, are not frivolous as defined in subsection (c) of § 130-1.1 of the Rules of the Chief Administrator (22NYCRR): } Summons & Complaint { } Notice of Motion for Summary / Default Judgment { } Attorney's Affirmation {X} Other: Verified Answer Date: March 27, 2017 EHis M, Oster, Esq. Sr. Associate, Director of Litigation SHAPIRO,DICARD & BARAK, LLC Attorneysfor Defendant JPMorganChase Bank,N.A. 175 MBe Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 15-042171 VerifiedAnswer Page 6 of6 6 of 6