On January 13, 2020 a
Answer
was filed
involving a dispute between
First Insurance Funding
, A Division Of Lake Forest Bank & Trust, N.A.,
and
Blackridge Construction, Llc
A New York Limited Liability Company,
for Commercial - Contract
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
FIRST INSURANCE FUNDING, a division of Lake Forest
Bank & Trust, N.A., Index No.: 20601/2020E
Plaintiff,
ANSWER
-against-
BLACKRDIGE CONSTRUCTION, LLC,
Defendant.
----------------------------------------x
COUNSELOR:
PLEASE TAKE NOTICE, that Defendant BLACKRIDGE CONSTRUCTION, LLC
(“Blackridge” or “Defendant”), by their attorneys, WILSON & CHAN, LLP, as and for its Verified
Answer to Plaintiff’s Complaint filed on or about January 13, 2020 (the “Complaint”), alleges,
upon information and belief, as follows:
1. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 1 of the Complaint.
2. Admits the allegations contained in paragraph 2 of the Complaint.
3. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 3 of the Complaint.
4. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 4 of the Complaint.
5. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 5 of the Complaint.
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022
6. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 6 of the Complaint.
7. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 7 of the Complaint.
8. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 8 of the Complaint.
9. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 9 of the Complaint.
10. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 10 of the Complaint.
11. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 11 of the Complaint.
12. Denies knowledge and information sufficient to form a belief as to the truth of the
allegations contained in paragraph 12 of the Complaint.
13. Denies the allegations contained in paragraph 13 of the Complaint.
14. Denies the allegations contained in paragraph 14 of the Complaint.
15. Denies the allegations contained in paragraph 15 of the Complaint.
16. Denies the allegations contained in paragraph 16 of the Complaint.
17. Denies the allegations contained in paragraph 17 of the Complaint.
18. Denies the allegations contained in paragraph 18 of the Complaint.
19. Denies the allegations contained in paragraph 19 of the Complaint.
20. Denies the allegations contained in paragraph 20 of the Complaint.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
21. The Complaint is barred by reason of the expiration of the applicable statute of
limitations.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
22. Complaint fails to state a cause of action upon which relief can be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
23. Complaint is barred under the doctrines of laches, acquiescence, estoppel, and/or
bad faith.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
24. Complaint is barred by reason of Plaintiff’s breach of contract with the defendants.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
25. The Complaint is barred by the statute of frauds.
AS AND FOR AN SIXTH AFFIRMATIVE DEFENSE:
26. Plaintiff is barred by reason of Plaintiff’s never received the subject insurance
policy that is without a policy number.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
27. The subject contract did not contain a force majeure provision.
AS AND FOR A EIGTH AFFIRMATIVE DEFENSE:
28. Plaintiff lacks standing to bring this action.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
29. Plaintiff failed to properly serve process upon Defendant.
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022
AS AND FOR AN TENTH AFFIRMATIVE DEFENSE:
30. Defendant currently has insufficient knowledge or information upon which to form
a belief as to whether it may have additional, as yet unstated, defenses available. Accordingly,
Defendant reserves their right to assert additional defenses in the event discovery indicates they
are appropriate.
Dated: New York, New York
March 1, 2022
WILSON & CHAN, LLP
By:
Henry C. Chan, Esq.
Attorneys for Defendant
BLACKRIDGE CONSTRUCTION, LLP
733 Third Avenue, 16th Floor
New York, New York 10017
Tel: (646) 790-5848
Fax: (646) 253-1258
hchan@wilsonchanlaw.com
To:
Attn: Christopher A. Pellegrini, Esq.
CHUHAK & TECSON, P.C.
Attorneys for Plaintiff
FIRST INSURANCE FUNDING
270 Madison Avenue
New York, New York 10016
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022
ATTORNEY VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
Henry Chan, an attorney duly admitted to practice law before the Courts of the State of
New York, hereby affirms the following statements to be true under the penalties of perjury:
1. I am a member of the law firm WILSON & CHAN, LLP, attorneys for Blackridge
Construction, LLC in the within action, and is fully familiar with the facts and circumstances set
forth herein.
2. Affirmant has read the foregoing Answer to Complaint, knows the contents thereof,
and the same is true to Affirmant’s own knowledge, except as to those matters therein stated to be
alleged upon information and belief, and as to those matters Affirmant believes them to be true.
3. Affirmant further states that the reason this affirmation is made by the undersigned and
not by Defendant because Defendant neither maintains its place of business nor is present in New
York County where the Affirmant maintains his office.
4. The basis of Affirmant’s belief as to all matters not stated to be upon Affirmant’s
knowledge is investigation and other information contained in the file of said law firm and that
learned in conversation with the client.
Dated: New York, New York
March 1, 2022
Henry Chan
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Document Filed Date
March 01, 2022
Case Filing Date
January 13, 2020
Category
Commercial - Contract
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FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x FIRST INSURANCE FUNDING, a division of Lake Forest Bank & Trust, N.A., Index No.: 20601/2020E Plaintiff, ANSWER -against- BLACKRDIGE CONSTRUCTION, LLC, Defendant. ----------------------------------------x COUNSELOR: PLEASE TAKE NOTICE, that Defendant BLACKRIDGE CONSTRUCTION, LLC (“Blackridge” or “Defendant”), by their attorneys, WILSON & CHAN, LLP, as and for its Verified Answer to Plaintiff’s Complaint filed on or about January 13, 2020 (the “Complaint”), alleges, upon information and belief, as follows: 1. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of the Complaint. 2. Admits the allegations contained in paragraph 2 of the Complaint. 3. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 of the Complaint. 4. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 4 of the Complaint. 5. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 5 of the Complaint. 1 of 5 FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022 6. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 6 of the Complaint. 7. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of the Complaint. 8. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of the Complaint. 9. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of the Complaint. 10. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 10 of the Complaint. 11. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 11 of the Complaint. 12. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 12 of the Complaint. 13. Denies the allegations contained in paragraph 13 of the Complaint. 14. Denies the allegations contained in paragraph 14 of the Complaint. 15. Denies the allegations contained in paragraph 15 of the Complaint. 16. Denies the allegations contained in paragraph 16 of the Complaint. 17. Denies the allegations contained in paragraph 17 of the Complaint. 18. Denies the allegations contained in paragraph 18 of the Complaint. 19. Denies the allegations contained in paragraph 19 of the Complaint. 20. Denies the allegations contained in paragraph 20 of the Complaint. 2 of 5 FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022 AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 21. The Complaint is barred by reason of the expiration of the applicable statute of limitations. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 22. Complaint fails to state a cause of action upon which relief can be granted. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 23. Complaint is barred under the doctrines of laches, acquiescence, estoppel, and/or bad faith. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 24. Complaint is barred by reason of Plaintiff’s breach of contract with the defendants. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 25. The Complaint is barred by the statute of frauds. AS AND FOR AN SIXTH AFFIRMATIVE DEFENSE: 26. Plaintiff is barred by reason of Plaintiff’s never received the subject insurance policy that is without a policy number. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE: 27. The subject contract did not contain a force majeure provision. AS AND FOR A EIGTH AFFIRMATIVE DEFENSE: 28. Plaintiff lacks standing to bring this action. AS AND FOR A NINTH AFFIRMATIVE DEFENSE: 29. Plaintiff failed to properly serve process upon Defendant. 3 of 5 FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022 AS AND FOR AN TENTH AFFIRMATIVE DEFENSE: 30. Defendant currently has insufficient knowledge or information upon which to form a belief as to whether it may have additional, as yet unstated, defenses available. Accordingly, Defendant reserves their right to assert additional defenses in the event discovery indicates they are appropriate. Dated: New York, New York March 1, 2022 WILSON & CHAN, LLP By: Henry C. Chan, Esq. Attorneys for Defendant BLACKRIDGE CONSTRUCTION, LLP 733 Third Avenue, 16th Floor New York, New York 10017 Tel: (646) 790-5848 Fax: (646) 253-1258 hchan@wilsonchanlaw.com To: Attn: Christopher A. Pellegrini, Esq. CHUHAK & TECSON, P.C. Attorneys for Plaintiff FIRST INSURANCE FUNDING 270 Madison Avenue New York, New York 10016 4 of 5 FILED: BRONX COUNTY CLERK 03/01/2022 11:08 AM INDEX NO. 20601/2020E NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 03/01/2022 ATTORNEY VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) Henry Chan, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following statements to be true under the penalties of perjury: 1. I am a member of the law firm WILSON & CHAN, LLP, attorneys for Blackridge Construction, LLC in the within action, and is fully familiar with the facts and circumstances set forth herein. 2. Affirmant has read the foregoing Answer to Complaint, knows the contents thereof, and the same is true to Affirmant’s own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters Affirmant believes them to be true. 3. Affirmant further states that the reason this affirmation is made by the undersigned and not by Defendant because Defendant neither maintains its place of business nor is present in New York County where the Affirmant maintains his office. 4. The basis of Affirmant’s belief as to all matters not stated to be upon Affirmant’s knowledge is investigation and other information contained in the file of said law firm and that learned in conversation with the client. Dated: New York, New York March 1, 2022 Henry Chan 5 of 5