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FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------ X
NATURAL ORGANICS, INC., GLOBAL HEALTH
PLAINTIFFS'
LABORATORIES, LLC, NATURAL ORGANICS
LABORATORIES, INC., INTEGRATED VERIFIED REPLY TO
PUBLISHING, INC., 2500 GRAND AVENUE COUNTERCLAIMS
CORP., EXECUTIVE BOULEVARD LLC, CBS
DEVELOPMENT, LLC, MY STAR Index No. 620566/2021
ENTERTAINMENT II, INC., CIRCLE K RANCH
CORP.,
Plaintiffs,
-against-
JAMES GIBBONS, ISLERO GROUP, LLC,
MINOTAUR MANAGEMENT GROUP, LLC,
Defendants.
______________________________ x
Plaintiffs Natural Organics, Inc. ("NOI") and Global Health
("Global"
Laboratories, LLC and together with NOI, "Natural Organics");
Integrated Publishing, Inc. ("Integrated"), 2500 Grand Avenue Corp. ("2500
Grand Ave."), Executive Blvd., LLC ("Exec. Blvd."), CBS Development, LLC
("CBS"), My Star Entertainment II, Inc. ("My Star"), and Circle K Ranch
K"
Corp. ("Circle and collectively with Integrated, 2500 Grand Ave., Exec.
Blvd., CBS and My Star, the "Management Companies"), by their attorney,
Ruskin Moscou Faltischek, P.C., as and for their reply to the counterclaims of
defendants James Gibbons, Islero Group, LLC, ("Islero"), and Minotaur
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Management Group, LLC ("Minotaur") dated June 16, 2022 (the
"Counterclaims"), hereby allege as follows:
1. Plaintiffs deny each and every allegation contained or
incorporated in paragraphs 61, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77,
78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99,
"107,"
100, 101, 102, 103, 104, 105, 106, the first listed 108, 109, 110, and 111
of the Counterclaims.
2. Plaintiffs lack knowledge or information sufficient to form a
belief as to the allegations in paragraph 62 of the Counterclaims.
3. Plaintiffs admit the allegation in paragraph 63 of the
Gibbons'
Counterclaims concerning defendant employment with Natural
Organics.
4. Plaintiffs deny the allegations in paragraph 64 of the
Counterclaims, except admit that Gibbons had fiduciary and other legal
duties to provide proper service in various roles at Natural Organics and was
on certain dates after 2000 the named President of Natural Organics.
5. Plaintiffs admit the allegation in paragraph 92 of the
Gibbons'
Counterclaims concerning defendant employment with Natural
Organics from 1987 through February 28, 2020.
6. Plaintiffs deny the allegations in the second listed paragraph
"107"
of the Counterclaims, except admit Natural Organics is in possession of
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records relating to its business activities, and lack knowledge or information
sufficient to form a belief as to what records Gibbons improperly may have
removed or retained in his custody, possession or control during or before the
termination of his employment.
AS AND FOR A FIRST SEPARATE AND COMPLETE DEFENSE
defendants'
7. Each of alleged Counterclaims fails to state a cause of
action.
AS AND FOR A SECOND SEPARATE AND COMPLETE DEFENSE
defendants'
8. Each of alleged Counterclaims is barred by the
applicable Statute of Limitations.
AS AND FOR A THIRD SEPARATE AND COMPLETE DEFENSE
defendants'
9. Each of alleged Counterclaims insofar as defendants
defendants'
seek equitable relief is barred due to unclean hands.
AS AND FOR A FOURTH SEPARATE AND COMPLETE DEFENSE
defendants'
10. Each of alleged Counterclaims is barred by the
related doctrines of waiver, acquiescence and estoppel.
AS AND FOR A FIFTH SEPARATE AND COMPLETE DEFENSE
defendants'
11. Each of alleged Counterclaims insofar as defendants
seek equitable relief is barred by the doctrine of laches.
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AS AND FOR A SIXTH SEPARATE AND COMPLETE DEFENSE
defendants'
12. Each of alleged Counterclaims is barred based on
defendants'
authorization, ratification and consent to the actions by plaintiffs
allegedly taken, or to those steps alleged to have been improperly not taken
by plaintiffs, as the case may be.
AS AND FOR A SEVENTH SEPARATE AND COMPLETE DEFENSE
defendants'
13. Each of alleged Counterclaims is barred based on
payment in full of all amounts properly due and owing to defendants.
AS AND FOR AN EIGHTH SEPARATE AND COMPLETE DEFENSE
defendants'
14. Each of alleged Counterclaims is barred based on
failure of consideration.
AS AND FOR A NINTH SEPARATE AND COMPLETE DEFENSE
defendants'
15. Each of alleged Counterclaims is barred based on the
Statute of Frauds.
AS AND FOR A TENTH SEPARATE AND COMPLETE DEFENSE
defendants'
16. Each of alleged Counterclaims is barred based on
fraudulent inducement.
AS AND FOR A ELEVENTH SEPARATE AND COMPLETE DEFENSE
defendants'
17. Each of alleged Counterclaims is barred based on
Gibbons violation of his legal and contractual duties to plaintiffs, including
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his breach of acts a faithless self-
fiduciary duties, constituting servant,
dealing and other unauthorized acts.
AS AND FOR A TWELFTH SEPARATE AND COMPLETE DEFENSE
18. Plaintiffs incorporate herein the allegations of their complaint in
defendants'
this action, which bar any and all relief sought in Counterclaims.
AS AND FOR A THIRTEENTH SEPARATE
AND COMPLETE DEFENSE
19. Although plaintiffs deny all Counterclaims that purport to seek
remedies under the New York Labor Law, plaintiffs maintain they had a good
faith basis that any payments to Gibbons were in compliance with the law.
ASANDFORAFOURTEENTHSEPARATE
AND COMPLETE DEFENSE
20. Although plaintiffs deny all Counterclaims that purport to seek
Gibbons'
remedies under the New York Labor Law, capacity as an executive
bars such claims in whole and/or in part.
WHEREFORE, plaintiffs respectfully request judgment in their favor
plaintiffs'
(i)granting the relief set forth in complaint; (ii) dismissing
defendants'
counterclaims with prejudice; and (iii) awarding plaintiffs such
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other and further relief as the Court deems just, proper and equitable,
including the costs and expenses of this action.
Dated: Uniondale, New York
July 2022
RUSKIN MOSCOU ISCHEK, P.C.
.
By:
Mark S. Mulholland
John A. DeMaro
Attorney for Plaintiffs
1425 RXR Plaza
Uniondale, New York 11556
(516) 663-6600
mmulholland@rmfpc.com
idemaro@rmfpe.com
TO: RUSSO KARL WIDMAIER & CORDANO, PLLC
Richard T. Cordano, Esq.
Attorney for Defendants
400 Townline Road, #170
Hauppauge, New York 11788
(631) 265-7200
rtc@rkwelaw.com
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
KEVIN BUGGY, being duly sworn, deposes and says:
I am an Officer of Natural Organics, Inc., Global Health Laboratories,
LLC, Integrated Publishing, Inc., Executive Blvd., LLC, CBS Development,
LLC, 2500 Grand Avenue Corp. and Circle K Ranch Corp. I have read the
foregoing Verified Reply to Counterclaims and know the contents thereof.
The same are true to my knowledge, except as to matters alleged upon
information and belief and as to those matters I believe them to be true based
upon review of documents and discussions with others.
KEVIN B
Sworn to before me this
\s4 day of July, 2022
Notary Public
SAMANTHA GlLSON
NOTARY PUBLIC-STATE OF NEW YORK
No. 01G16329862
Qualified in Suffolk County
My Commission Expires 08/31/2023
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Preview
FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------ X NATURAL ORGANICS, INC., GLOBAL HEALTH PLAINTIFFS' LABORATORIES, LLC, NATURAL ORGANICS LABORATORIES, INC., INTEGRATED VERIFIED REPLY TO PUBLISHING, INC., 2500 GRAND AVENUE COUNTERCLAIMS CORP., EXECUTIVE BOULEVARD LLC, CBS DEVELOPMENT, LLC, MY STAR Index No. 620566/2021 ENTERTAINMENT II, INC., CIRCLE K RANCH CORP., Plaintiffs, -against- JAMES GIBBONS, ISLERO GROUP, LLC, MINOTAUR MANAGEMENT GROUP, LLC, Defendants. ______________________________ x Plaintiffs Natural Organics, Inc. ("NOI") and Global Health ("Global" Laboratories, LLC and together with NOI, "Natural Organics"); Integrated Publishing, Inc. ("Integrated"), 2500 Grand Avenue Corp. ("2500 Grand Ave."), Executive Blvd., LLC ("Exec. Blvd."), CBS Development, LLC ("CBS"), My Star Entertainment II, Inc. ("My Star"), and Circle K Ranch K" Corp. ("Circle and collectively with Integrated, 2500 Grand Ave., Exec. Blvd., CBS and My Star, the "Management Companies"), by their attorney, Ruskin Moscou Faltischek, P.C., as and for their reply to the counterclaims of defendants James Gibbons, Islero Group, LLC, ("Islero"), and Minotaur 1 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 Management Group, LLC ("Minotaur") dated June 16, 2022 (the "Counterclaims"), hereby allege as follows: 1. Plaintiffs deny each and every allegation contained or incorporated in paragraphs 61, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, 95, 96, 97, 98, 99, "107," 100, 101, 102, 103, 104, 105, 106, the first listed 108, 109, 110, and 111 of the Counterclaims. 2. Plaintiffs lack knowledge or information sufficient to form a belief as to the allegations in paragraph 62 of the Counterclaims. 3. Plaintiffs admit the allegation in paragraph 63 of the Gibbons' Counterclaims concerning defendant employment with Natural Organics. 4. Plaintiffs deny the allegations in paragraph 64 of the Counterclaims, except admit that Gibbons had fiduciary and other legal duties to provide proper service in various roles at Natural Organics and was on certain dates after 2000 the named President of Natural Organics. 5. Plaintiffs admit the allegation in paragraph 92 of the Gibbons' Counterclaims concerning defendant employment with Natural Organics from 1987 through February 28, 2020. 6. Plaintiffs deny the allegations in the second listed paragraph "107" of the Counterclaims, except admit Natural Organics is in possession of 2 2 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 records relating to its business activities, and lack knowledge or information sufficient to form a belief as to what records Gibbons improperly may have removed or retained in his custody, possession or control during or before the termination of his employment. AS AND FOR A FIRST SEPARATE AND COMPLETE DEFENSE defendants' 7. Each of alleged Counterclaims fails to state a cause of action. AS AND FOR A SECOND SEPARATE AND COMPLETE DEFENSE defendants' 8. Each of alleged Counterclaims is barred by the applicable Statute of Limitations. AS AND FOR A THIRD SEPARATE AND COMPLETE DEFENSE defendants' 9. Each of alleged Counterclaims insofar as defendants defendants' seek equitable relief is barred due to unclean hands. AS AND FOR A FOURTH SEPARATE AND COMPLETE DEFENSE defendants' 10. Each of alleged Counterclaims is barred by the related doctrines of waiver, acquiescence and estoppel. AS AND FOR A FIFTH SEPARATE AND COMPLETE DEFENSE defendants' 11. Each of alleged Counterclaims insofar as defendants seek equitable relief is barred by the doctrine of laches. 3 3 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 AS AND FOR A SIXTH SEPARATE AND COMPLETE DEFENSE defendants' 12. Each of alleged Counterclaims is barred based on defendants' authorization, ratification and consent to the actions by plaintiffs allegedly taken, or to those steps alleged to have been improperly not taken by plaintiffs, as the case may be. AS AND FOR A SEVENTH SEPARATE AND COMPLETE DEFENSE defendants' 13. Each of alleged Counterclaims is barred based on payment in full of all amounts properly due and owing to defendants. AS AND FOR AN EIGHTH SEPARATE AND COMPLETE DEFENSE defendants' 14. Each of alleged Counterclaims is barred based on failure of consideration. AS AND FOR A NINTH SEPARATE AND COMPLETE DEFENSE defendants' 15. Each of alleged Counterclaims is barred based on the Statute of Frauds. AS AND FOR A TENTH SEPARATE AND COMPLETE DEFENSE defendants' 16. Each of alleged Counterclaims is barred based on fraudulent inducement. AS AND FOR A ELEVENTH SEPARATE AND COMPLETE DEFENSE defendants' 17. Each of alleged Counterclaims is barred based on Gibbons violation of his legal and contractual duties to plaintiffs, including 4 4 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 his breach of acts a faithless self- fiduciary duties, constituting servant, dealing and other unauthorized acts. AS AND FOR A TWELFTH SEPARATE AND COMPLETE DEFENSE 18. Plaintiffs incorporate herein the allegations of their complaint in defendants' this action, which bar any and all relief sought in Counterclaims. AS AND FOR A THIRTEENTH SEPARATE AND COMPLETE DEFENSE 19. Although plaintiffs deny all Counterclaims that purport to seek remedies under the New York Labor Law, plaintiffs maintain they had a good faith basis that any payments to Gibbons were in compliance with the law. ASANDFORAFOURTEENTHSEPARATE AND COMPLETE DEFENSE 20. Although plaintiffs deny all Counterclaims that purport to seek Gibbons' remedies under the New York Labor Law, capacity as an executive bars such claims in whole and/or in part. WHEREFORE, plaintiffs respectfully request judgment in their favor plaintiffs' (i)granting the relief set forth in complaint; (ii) dismissing defendants' counterclaims with prejudice; and (iii) awarding plaintiffs such 5 5 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 other and further relief as the Court deems just, proper and equitable, including the costs and expenses of this action. Dated: Uniondale, New York July 2022 RUSKIN MOSCOU ISCHEK, P.C. . By: Mark S. Mulholland John A. DeMaro Attorney for Plaintiffs 1425 RXR Plaza Uniondale, New York 11556 (516) 663-6600 mmulholland@rmfpc.com idemaro@rmfpe.com TO: RUSSO KARL WIDMAIER & CORDANO, PLLC Richard T. Cordano, Esq. Attorney for Defendants 400 Townline Road, #170 Hauppauge, New York 11788 (631) 265-7200 rtc@rkwelaw.com 6 6 of 7 FILED: SUFFOLK COUNTY CLERK 07/05/2022 10:48 AM INDEX NO. 620566/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 07/05/2022 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) KEVIN BUGGY, being duly sworn, deposes and says: I am an Officer of Natural Organics, Inc., Global Health Laboratories, LLC, Integrated Publishing, Inc., Executive Blvd., LLC, CBS Development, LLC, 2500 Grand Avenue Corp. and Circle K Ranch Corp. I have read the foregoing Verified Reply to Counterclaims and know the contents thereof. The same are true to my knowledge, except as to matters alleged upon information and belief and as to those matters I believe them to be true based upon review of documents and discussions with others. KEVIN B Sworn to before me this \s4 day of July, 2022 Notary Public SAMANTHA GlLSON NOTARY PUBLIC-STATE OF NEW YORK No. 01G16329862 Qualified in Suffolk County My Commission Expires 08/31/2023 7 7 of 7