On December 05, 2019 a
Answer
was filed
involving a dispute between
Village Realty Llc,
and
Azar, Gabriel,
Keystone Renaissance Centre Llc,
Kurnik, Edward James,
for Contract and Indebtedness
in the District Court of Collier County.
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Filing # 105363419 E-Filed 03/24/2020 02:51:41 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA. CIVIL ACTION
VILLAGE REALTY, LLC,
PLAINTIFF,
v. CASE NO.: 19-CA-4767
KEYSTONE RENAISSANCE CENTRE, LLC,
EDWARD JAMES KURNIK, and
GABRIEL AZAR,
DEFENDANTS.
/
DEFENDANTS’, EDWARD KURNIK AND GABRIEL AZAR,
ANSWER TO SECOND AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES
Defendants/Respondents, Edward Kurnik (“Kurnik”) and Gabriel Azar (“Azar”), answer
the Second Amended Complaint of Plaintiff/Claimant, Village Realty, LLC, as follows:
1. Admitted.
2. Admitted except without knowledge as to business Plaintiff conducts.
3. Admitted.
4. Admitted.
5. Admitted for jurisdictional purposed but denied that Plaintiff is entitled to the relief
requested and denied that any rights were properly arbitrated.
6. Admitted but denied that the arbitration was legally conducted and denied that the
arbitrator’s award was proper.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSES
The Arbitrator’s Final Award should be vacated in its entirety based on Defendants’
Motion to Vacate Due to the Arbitrator’s Evident Partiality and the Arbitrator Exceeding his
Page 1 of 2
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/24/2020 04:25:14 PMPowers, or, in the Alternative, to Modify, and Request for Hearing. Boyhan v. Maguire, 693
So0.2d 659, 662 (Fla. 4th DCA 1997) (“The courts addressing evident partiality claims have
unequivocally denounced the appearance of partiality in arbitration proceedings; thus, a showing
of circumstances which would reasonably tend to bias the judgment of an impartial arbitrator
will suffice for vacation of an award.”).
SECOND AFFIRMATIVE DEFENSE
The Arbitrator’s Final Award should be modified based on Defendants’ Motion to Vacate
Due to the Arbitrator’s Evident Partiality and the Arbitrator Exceeding his Powers, or, in the
Alternative, to Modify, and Request for Hearing.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via electronic mail to all parties and counsel of record via the Florida Courts E-Filing Portal on
this 24th day of March, 2020.
By: /s/ James Kurnik
E. James Kurnik II, Esq.
Florida Bar No. 48769
Kurnik Law
700 Fifth Avenue South
Second Floor
Naples, Florida 34102
Tel: 239.778.6906; Fax: 239.262.0313
Primary email: jkurnik@kurniklaw.com
Secondary email: service@kurniklaw.com
Page 2 of 2
Case Filing Date
December 05, 2019
Category
Contract and Indebtedness
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Filing # 105363419 E-Filed 03/24/2020 02:51:41 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA. CIVIL ACTION VILLAGE REALTY, LLC, PLAINTIFF, v. CASE NO.: 19-CA-4767 KEYSTONE RENAISSANCE CENTRE, LLC, EDWARD JAMES KURNIK, and GABRIEL AZAR, DEFENDANTS. / DEFENDANTS’, EDWARD KURNIK AND GABRIEL AZAR, ANSWER TO SECOND AMENDED COMPLAINT AND AFFIRMATIVE DEFENSES Defendants/Respondents, Edward Kurnik (“Kurnik”) and Gabriel Azar (“Azar”), answer the Second Amended Complaint of Plaintiff/Claimant, Village Realty, LLC, as follows: 1. Admitted. 2. Admitted except without knowledge as to business Plaintiff conducts. 3. Admitted. 4. Admitted. 5. Admitted for jurisdictional purposed but denied that Plaintiff is entitled to the relief requested and denied that any rights were properly arbitrated. 6. Admitted but denied that the arbitration was legally conducted and denied that the arbitrator’s award was proper. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSES The Arbitrator’s Final Award should be vacated in its entirety based on Defendants’ Motion to Vacate Due to the Arbitrator’s Evident Partiality and the Arbitrator Exceeding his Page 1 of 2 FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 03/24/2020 04:25:14 PMPowers, or, in the Alternative, to Modify, and Request for Hearing. Boyhan v. Maguire, 693 So0.2d 659, 662 (Fla. 4th DCA 1997) (“The courts addressing evident partiality claims have unequivocally denounced the appearance of partiality in arbitration proceedings; thus, a showing of circumstances which would reasonably tend to bias the judgment of an impartial arbitrator will suffice for vacation of an award.”). SECOND AFFIRMATIVE DEFENSE The Arbitrator’s Final Award should be modified based on Defendants’ Motion to Vacate Due to the Arbitrator’s Evident Partiality and the Arbitrator Exceeding his Powers, or, in the Alternative, to Modify, and Request for Hearing. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via electronic mail to all parties and counsel of record via the Florida Courts E-Filing Portal on this 24th day of March, 2020. By: /s/ James Kurnik E. James Kurnik II, Esq. Florida Bar No. 48769 Kurnik Law 700 Fifth Avenue South Second Floor Naples, Florida 34102 Tel: 239.778.6906; Fax: 239.262.0313 Primary email: jkurnik@kurniklaw.com Secondary email: service@kurniklaw.com Page 2 of 2