Exhibit,Appendix: Sparx Logistics Hong Kong Ltd., Spark Logistics Us Limited v. Shoez, Inc., Brands Unlimited, Gif Services, Inc., Deepak Ramchandani a/k/a Deepak Parikh, Gina Napolitano

On February 21, 2017 a Exhibit,Appendix was filed involving a dispute between Spark Logistics Us Limited, Sparx Logistics Hong Kong Ltd., and Brands Unlimited, Deepak Ramchandani A K A Deepak Parikh, Gif Services, Inc., Gina Napolitano, Shoez, Inc., for Commercial - Contract in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 03/23/2017
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------------- X
SPARX LOGISTICS HONG KONG LTD. and Index No. 650884/2017
SPARK LOGISTICS USA LIMITED,

Plaintiffs, ANSWER AND
AFFIRMATIVE
-against- DEFENSES

SHOEZ, INC., BRANDS UNLIMITED,
GIF SERVICES, INC., DEEPAK RAMCHANDANI
a/k/a DEEPAK PARIKH and GINA NAPOLITANO,

Defendants,
------------------------------------------------------------------- X

As and for their Answer to the Complaint herein, Defendants SHOEZ, INC. (“Shoez”),

BRANDS UNLIMITED, LLC (incorrectly sued herein as (“i/s/h/a”) “Brands Unlimited”)

(“Brands”), GIF SERVICES, INC. (“GIF”), DEEPAK RAMCHANDANI (“Mr.

Ramchandani”) (i/s/h/a “Deepak Ramchandani a/k/a Deepak Parikh”), and GINA

NAPOLITANO (“Ms. Napolitano”) (collectively, “Defendants”), by and through their

undersigned counsel, respectfully aver as follows:

1. To the extent Paragraph 1 of the Complaint purports to state a legal conclusion, no

response is required thereto. To the extent a response is deemed required, Defendants deny the

allegations of Paragraph 1 of the Complaint.

THE PARTIES

2. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 2 of the Complaint.

3. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 3 of the Complaint.

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4. Defendants deny the allegations of Paragraph 4 of the Complaint, except admit that

“Shoez is a . . . business corporation organized and existing under and by the laws of the State of

California.”

5. Defendants deny the allegations of Paragraph 5 of the Complaint.

6. Defendants deny the allegations of Paragraph 6 of the Complaint, except admit that

“GIF is a . . . business corporation organized and existing under and by virtue of the laws of the

[State of] New Jersey.”

7. Defendants deny the allegations of Paragraph 7 of the Complaint.

8. Defendants deny the allegations of Paragraph 8 of the Complaint.

9. Defendants deny the allegations of Paragraph 9 of the Complaint.

10. Defendants admit the allegations of Paragraph 10 of the Complaint.

11. Defendants deny the allegations of Paragraph 11 of the Complaint.

JURISDICTION AND VENUE

12. Paragraph 12 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 12 of the Complaint.

13. Paragraph 13 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants lack knowledge or

information sufficient to form a belief as to the truth of the allegations of Paragraph 12 of the

Complaint.

FACTS

14. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 14 of the Complaint.

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15. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 15 of the Complaint.

16. Defendants deny the allegations of Paragraph 16 of the Complaint.

17. Defendants deny the allegations of Paragraph 17 of the Complaint.

18. Defendants deny the allegations of Paragraph 18 of the Complaint.

19. Defendants deny the allegations of Paragraph 19 of the Complaint.

20. Defendants deny the allegations of Paragraph 20 of the Complaint.

21. Defendants admit the allegations of Paragraph 21 of the Complaint.

22. Defendants deny the allegations of Paragraph 22 of the Complaint.

23. Defendants deny the allegations of Paragraph 23 of the Complaint.

24. Defendants deny the allegations of Paragraph 24 of the Complaint.

25. Defendants deny the allegations of Paragraph 25 of the Complaint.

26. Defendants deny the allegations of Paragraph 26 of the Complaint.

27. Defendants deny the allegations of Paragraph 27 of the Complaint.

28. Defendants deny the allegations of Paragraph 28 of the Complaint, and aver that

GIF is in the business of logistic services, including international freight forwarding, customs

clearance and domestic transportation.

29. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 29 of the Complaint.

30. Defendants deny the allegations of Paragraph 30 of the Complaint.

31. Defendants deny the allegations of Paragraph 31 of the Complaint to the extent they

are directed at or implicate one or more Defendants, and lack knowledge or information sufficient

to form a belief as to the truth of said allegations to the extent they are directed at or implicate

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natural persons or legal entities other than Defendants.

32. Defendants deny the allegations of Paragraph 32 of the Complaint to the extent they

are directed at or implicate one or more Defendants, and lack knowledge or information sufficient

to form a belief as to the truth of said allegations to the extent they are directed at or implicate

natural persons or legal entities other than Defendants.

33. Defendants admit the allegations of Paragraph 33 of the Complaint, and

respectfully refer the Court to the copies of “invoices and packing lists” annexed to the Complaint

as Exhibit B for a complete and accurate statement of their contents.

34. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 34 of the Complaint.

35. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 35 of the Complaint, except admit that copies of documents

purporting to be “Bill[s] of Lading” are annexed to the Complaint as Exhibit A, to which

documents Defendants respectfully refer the Court for a complete and accurate statement of their

contents.

36. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 36 of the Complaint, and respectfully refer the Court to the copies

of documents purporting to be “Bill[s] of Lading” annexed to the Complaint as Exhibit A for a

complete and accurate statement of their contents.

37. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 37 of the Complaint, and respectfully refer the Court to the copies

of documents purporting to be “Bill[s] of Lading” annexed to the Complaint as Exhibit A for a

complete and accurate statement of their contents.

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38. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 38 of the Complaint, and respectfully refer the Court to the copies

of documents purporting to be “Bill[s] of Lading” annexed to the Complaint as Exhibit A for a

complete and accurate statement of their contents.

39. Defendants deny the allegations of Paragraph 39 of the Complaint, and respectfully

refer the Court to the copies of documents purporting to be “Arrival Notices” annexed to the

Complaint as Exhibit C, and the documents purporting to be the “Arce Emails” and “Tracking

Documents” annexed to the Complaint as Exhibit D, for a complete and accurate statement of their

contents.

40. Defendants deny the allegations of Paragraph 40 of the Complaint, and respectfully

refer the Court to the copies of documents purporting to be “Arrival Notices” annexed to the

Complaint as Exhibit C, and the documents purporting to be the “Arce Emails” and “Tracking

Documents” annexed to the Complaint as Exhibit D, for a complete and accurate statement of their

contents.

41. Defendants deny the allegations of Paragraph 41 of the Complaint.

42. Defendants deny the allegations of Paragraph 42 of the Complaint.

43. Defendants deny the allegations of Paragraph 43 of the Complaint.

44. Defendants deny the allegations of Paragraph 44 of the Complaint.

45. Paragraph 45 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 45 of the Complaint.

46. Defendants deny the allegations of Paragraph 46 of the Complaint.

47. Defendants deny the allegations of Paragraph 47 of the Complaint.

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48. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 48 of the Complaint, and respectfully refer the Court to the copies

of documents purporting to be the “Arce Emails” and “Tracking Documents” annexed to the

Complaint as Exhibit D for a complete and accurate statement of their contents.

49. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 49 of the Complaint, and respectfully refer the Court to the copies

of documents purporting to be the “Arce Emails” and “Tracking Documents” annexed to the

Complaint as Exhibit D for a complete and accurate statement of their contents.

50. Defendants deny the allegations of Paragraph 50 of the Complaint.

51. Paragraph 51 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants lack knowledge or

information sufficient to form a belief as to the truth of the allegations of Paragraph 51 of the

Complaint, and respectfully refer the Court to the copy of the document purporting to be the

“Habib Bank Letter” annexed to the Complaint as Exhibit E for a complete and accurate statement

of its contents.

52. Defendants deny the allegations of Paragraph 52 of the Complaint.

53. Defendants deny the allegations of Paragraph 53 of the Complaint.

54. Defendants deny the allegations of Paragraph 54 of the Complaint.

55. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 55 of the Complaint, and respectfully refer the Court to the copy

of the document purporting to be the “March 22, 2016 Letter” annexed to the Complaint as Exhibit

F for a complete and accurate statement of its contents.

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56. Defendants deny the allegations of Paragraph 56 of the Complaint, and respectfully

refer the Court to the copy of the document purporting to be the “April 14, 2016 Letter” annexed

to the Complaint as Exhibit G for a complete and accurate statement of its contents.

57. Defendants deny the allegations of Paragraph 57 of the Complaint, and respectfully

refer the Court to the copy of the document purporting to be the “May 31, 2016 Letter” annexed

to the Complaint as Exhibit H for a complete and accurate statement of its contents.

58. Defendants deny the allegations of Paragraph 58 of the Complaint.

59. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 59 of the Complaint, and respectfully refer the Court to the copies

of the documents purporting to be a “Writ of Summons and Statement of Claim” annexed to the

Complaint as Exhibit I for a complete and accurate statement of their contents.

60. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 60 of the Complaint, and respectfully refer the Court to the copy

of the document purporting to be the “Defence” annexed to the Complaint as Exhibit J for a

complete and accurate statement of its contents.

61. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 61 of the Complaint, and respectfully refer the Court to the copy

of the document purporting to be the “Third Party Notice” annexed to the Complaint as Exhibit K

for a complete and accurate statement of its contents.

FIRST CAUSE OF ACTION
(Indemnification)

62. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

63. Defendants deny the allegations of Paragraph 63 of the Complaint.

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64. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 64 of the Complaint,

65. Defendants deny the allegations of Paragraph 65 of the Complaint.

66. Defendants deny the allegations of Paragraph 66 of the Complaint.

67. Defendants deny the allegations of Paragraph 67 of the Complaint.

68. Defendants deny the allegations of Paragraph 68 of the Complaint.

69. Defendants deny the allegations of Paragraph 69 of the Complaint.

70. Defendants deny the allegations of Paragraph 70 of the Complaint.

71. Paragraph 71 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 71 of the Complaint.

SECOND CAUSE OF ACTION
(Contribution)

72. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

73. Defendants deny the allegations of Paragraph 73 of the Complaint.

74. Defendants lack knowledge or information sufficient to form a belief as to the truth

of the allegations of Paragraph 74 of the Complaint,

75. Defendants deny the allegations of Paragraph 75 of the Complaint.

76. Defendants deny the allegations of Paragraph 76 of the Complaint.

77. Defendants deny the allegations of Paragraph 77 of the Complaint.

78. Defendants deny the allegations of Paragraph 78 of the Complaint.

79. Defendants deny the allegations of Paragraph 79 of the Complaint.

80. Defendants deny the allegations of Paragraph 80 of the Complaint.

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81. Paragraph 81 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 81 of the Complaint.

THIRD CAUSE OF ACTION
(Declaratory Judgment)

82. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

83. Defendants deny the allegations of Paragraph 83 of the Complaint,

84. Defendants deny the allegations of Paragraph 84 of the Complaint.

85. Defendants deny the allegations of Paragraph 85 of the Complaint.

86. Defendants deny the allegations of Paragraph 86 of the Complaint.

87. Defendants deny the allegations of Paragraph 87 of the Complaint.

88. Defendants deny the allegations of Paragraph 88 of the Complaint.

89. Defendants deny the allegations of Paragraph 89 of the Complaint.

90. Paragraph 90 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 90 of the Complaint.

FOURTH CAUSE OF ACTION
(Breach of Contract)

91. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

92. Defendants deny the allegations of Paragraph 92 of the Complaint.

93. Defendants deny the allegations of Paragraph 93 of the Complaint.

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94. Paragraph 94 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 94 of the Complaint.

95. Paragraph 95 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 95 of the Complaint.

FIFTH CAUSE OF ACTION
(Quantum Meruit)

96. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

97. Defendants deny the allegations of Paragraph 97 of the Complaint.

98. Defendants deny the allegations of Paragraph 98 of the Complaint.

99. Paragraph 99 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 99 of the Complaint.

100. Paragraph 100 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 100 of the Complaint.

SIXTH CAUSE OF ACTION
(Unjust Enrichment)

101. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

102. Defendants deny the allegations of Paragraph 102 of the Complaint.

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103. Paragraph 103 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 103 of the Complaint.

104. Paragraph 104 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 104 of the Complaint.

105. Paragraph 105 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 105 of the Complaint.

SEVENTH CAUSE OF ACTION
(Fraudulent Inducement)

106. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

107. Defendants deny the allegations of Paragraph 107 of the Complaint.

108. Paragraph 108 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 108 of the Complaint.

109. Defendants deny the allegations of Paragraph 109 of the Complaint.

110. Defendants deny the allegations of Paragraph 110 of the Complaint.

111. Defendants deny the allegations of Paragraph 111 of the Complaint.

112. Defendants deny the allegations of Paragraph 112 of the Complaint.

113. Defendants deny the allegations of Paragraph 113 of the Complaint.

114. Defendants deny the allegations of Paragraph 114 of the Complaint.

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115. Paragraph 115 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 115 of the Complaint.

EIGHTH CAUSE OF ACTION
(Aiding and Abetting Fraud)

116. Defendants repeat, reassert and incorporate by reference each and every preceding

response to the allegations of the Complaint as if set forth in full herein.

117. Paragraph 117 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 117 of the Complaint.

118. Defendants deny the allegations of Paragraph 118 of the Complaint.

119. Defendants deny the allegations of Paragraph 119 of the Complaint.

120. Defendants deny the allegations of Paragraph 120 of the Complaint.

121. Defendants deny the allegations of Paragraph 121 of the Complaint.

122. Defendants deny the allegations of Paragraph 122 of the Complaint.

123. Defendants deny the allegations of Paragraph 123 of the Complaint.

124. Defendants deny the allegations of Paragraph 124 of the Complaint.

125. Defendants deny the allegations of Paragraph 125 of the Complaint.

126. Defendants deny the allegations of Paragraph 126 of the Complaint.

127. Paragraph 127 of the Complaint purports to state a legal conclusion to which no

response is required. To the extent a response is deemed required, Defendants deny the allegations

of Paragraph 127 of the Complaint.

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AFFIRMATIVE DEFENSES
As separate and distinct affirmative defenses to the allegations and claims for relief set

forth in Plaintiffs’ Complaint, Defendants, upon information and belief, plead and assert as

follows:

1. The Complaint, in whole or in part, fails to state a claim upon which relief can be

granted.

2. The Complaint is barred, in whole or in part, on the ground that Plaintiffs failed to

commence this action before the expiration of the applicable statute of limitations, statute of

repose, or another time bar or limitation to the bringing of this action.
3. The Complaint is barred, in whole or in part, on the ground that this Court lacks

jurisdiction over the person of one or more Defendant(s).

4. The Complaint is barred, in whole or in part, on the ground of insufficient/defective

process, and/or insufficient/defective service of process.

5. The Complaint is barred, in whole or in part, on the ground that Plaintiffs have

failed to join a necessary party.

6. The Complaint is barred, in whole or in part, on the ground that one or more

Plaintiff(s) lack(s) standing to bring this action.

7. The Complaint is barred, in whole or in part, on the ground of improper venue

and/or the doctrine of forum non conveniens.
8. The Complaint is barred, in whole or in part, for failure to plead with particularity

as required under CPLR § 3016(b).

9. The Complaint is barred, in whole or in part, by the statute of frauds (Gen. Oblig.

L. §5-701).

10. The Complaint is barred, in whole or in part, on the ground that there is no privity

between Plaintiffs and Defendants.

11. The Complaint is barred, in whole or in part, on the grounds of documentary
evidence (CPLR §3211(a)(1)).

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12. The Complaint is barred, in whole or in part, by the doctrine of estoppel.

13. The Complaint is barred, in whole or in part, by the doctrine of unclean hands.

14. The Complaint is barred, in whole or in part, by the doctrine of illegality arising

from, inter alia, Plaintiffs’ failure to comply with the applicable laws, rules and regulations to

which Plaintiffs are subject.

15. The Complaint is barred, in whole or in part, by the doctrine of scienti et volenti

non fit injuria.

16. The Complaint is barred, in whole or in part, by the doctrine of in pari delicto.

17. The Complaint is barred, in whole or in part, on the ground that Shoez timely

rejected and/or revoked acceptance of, and/or is entitled to a monetary set-off for, the goods, wares

and merchandise for which Plaintiffs seek payment.

18. The Complaint is barred, in whole or in part, on the ground that Plaintiffs and/or a

third-party through whom Plaintiffs are asserting rights, materially breached its/their obligations

to one or more Defendant(s) prior to any alleged breach by such Defendant(s).

19. The Complaint is barred, in whole or in part, based on the doctrine of payment and

discharge, and accord and satisfaction.

20. If Plaintiffs sustained damages in the manner alleged in the Complaint, any such

damages were solely and wholly caused by, and the result of, Plaintiffs’ own, carelessness,
recklessness, acts, omissions, negligence, errors, courses of conduct and failure to exercise

reasonable care and diligence on their own behalf.

21. If Plaintiffs sustained damages in the manner alleged in the Complaint through any

carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty

and/or contract other than of Plaintiffs, then said damages arose out of the several and joint

carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty

and/or contract in fact or implied in law, upon the part of non-parties for which Defendants had

and have no obligation and/or liability.

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22. Without admitting that Plaintiffs have stated a claim or suffered damages, Plaintiffs

failed to take reasonable or adequate steps to mitigate, alter, reduce or otherwise diminish their

alleged damages, liability for which is denied.

23. Without admitting that Plaintiffs have stated a claim or suffered damages,

Plaintiffs’ recovery against Defendants, if any, must be reduced by the proportion of damages

attributable to Plaintiffs’ own acts, omissions, errors, courses of conduct and failure to exercise

reasonable care and diligence on its own behalf.

24. Without admitting that Plaintiffs have stated a claim or suffered damages,

Plaintiffs’ recovery against Defendants, if any, must be reduced by those amounts which have been

or will, with reasonable certainty replace or indemnify Plaintiffs, in whole or in part, for any past

or future economic loss, from any collateral source.

25. Because the Complaint does not describe the claims against Defendants with

sufficient particularity to enable Defendants to determine which, if any, further and additional

claims, defenses and remedies may be available to them in this action, Defendants respectfully

reserve the right to assert additional affirmative defenses, counterclaims and set-offs as Plaintiffs’

claims are clarified during the course of this litigation and through discovery.

[continued on next page]

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WHEREFORE, having answered fully, Defendants respectfully request: (a) that

Plaintiffs’ Complaint be dismissed in its entirety, with prejudice, and judgment be entered for

Defendants; (b) that Defendants be awarded their costs, expenses and disbursements herein,

including reasonable attorney’s fees, from Plaintiffs; and, (c) that Defendants be awarded such

other and further relief as this Court may deem just and proper.

Dated: New York, New York
March 23, 2017 Respectfully submitted,

BALLON STOLL BADER & NADLER, P.C.

By: _______________________________
Brett A. Nadler
729 Seventh Avenue, 17th Floor

Case Info

Judge

Lori S. Sattler Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 24, 2019

Case Filing Date

February 21, 2017

County

Parties

BRANDS UNLIMITED Defendant
BRONSNICK, ANDREW REESE Attorney for the Defendant
Deepak Ramchandani a/k/a Deepak Parikh Defendant
GIF SERVICES, INC. Defendant
Gina Napolitano Defendant
HROVAT, DAVID MICHAEL Attorney for the Defendant
HROVAT, DAVID MICHAEL Attorney for the Defendants
ISRAEL, SAM PETER Attorney for the Defendant
LAZARUS, HARLAN MITCHELL Attorney for the Plaintiff
NADLER, BRETT A Attorney for the Defendants
SAVITSKY, TIMOTHY Attorney for the Defendant
SHOEZ, INC. Defendant
SPARK LOGISTICS US LIMITED Plaintiff
SPARX LOGISTICS HONG KONG LTD. Plaintiff
YVETTE SUTTON Attorneys for Plaintiffs
MARK LAZARUS Attorneys for Plaintiffs
RICHARD SIMON Attorneys for Defendants

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