Exhibit,Appendix: Seward Park Housing Corporation v. Nathan Sklar, Dean Tischfeld

On January 19, 2017 a Exhibit,Appendix was filed involving a dispute between Seward Park Housing Corporation, and Dean Tischfeld, Nathan Sklar, for Commercial - Contract in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 08/02/2017 04:43 PM INDEX NO. 650332/2017
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 08/02/2017

EXHIBIT C
FILED: NEW YORK COUNTY CLERK 05/29/2017
08/02/2017 02:41
04:43 PM INDEX NO. 650332/2017
NYSCEF DOC. NO. 7
14 RECEIVED NYSCEF: 05/29/2017
08/02/2017

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SEWARD PARK HOUSING CORPORATION, Index No. 650332/2017

Plaintiff, ANSWER WITH -
CROSS-CLAIMS AND
-against- AFFIRMATIVE DEFENSES

NATHAN SKLAR and DEAN TISCHFELD

Defendants,
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Dean Tischfeld, by his attorney, John J. Macron, as and for his answer to the complaint by

Seward Park Housing Corporation (“Plaintiff”), respectfully refers to the Court all allegations that call

for a legal determination and further alleges upon information and belief as follows:

1. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “1” of the complaint.

2. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph "2" of the Complaint.

3. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “3” of the complaint.

4. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “4” of the complaint.

5. DEAN TISCHFELD admits the allegations contained in paragraph “5” of the complaint.

6. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “6” of the complaint.

7. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph “7” of the complaint.

8. DEAN TISCHFELD admits the allegations contained in paragraph “8” of the complaint.

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FILED: NEW YORK COUNTY CLERK 05/29/2017
08/02/2017 02:41
04:43 PM INDEX NO. 650332/2017
NYSCEF DOC. NO. 7
14 RECEIVED NYSCEF: 05/29/2017
08/02/2017

9. DEAN TISCHFELD denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph "9" of the Complaint.

10. DEAN TISCHFELD denies the allegations contained in paragraph “10” of the complaint.

11. DEAN TISCHFELD denies the allegations contained in paragraph “11” of the complaint.

12. DEAN TISCHFELD denies the allegations contained in paragraph “12” of the complaint.

13. DEAN TISCHFELD denies the allegations contained in paragraph “13” of the complaint.

14. DEAN TISCHFELD denies the allegations contained in paragraph “14” of the complaint.

15. DEAN TISCHFELD denies the allegations contained in paragraph “15” of the complaint.

16. DEAN TISCHFELD repeats and re-alleges each of the above allegations in paragraphs 1

through 15 in response to the allegations contained in paragraph “16” of the complaint.

17. DEAN TISCHFELD denies the knowledge or information sufficient to form a belief as to

the truth of the allegations contained in paragraph “17” of the complaint.

18. DEAN TISCHFELD denies the knowledge or information sufficient to form a belief as to

the truth of the allegations contained in paragraph “18” of the complaint.

19. DEAN TISCHFELD denies the knowledge or information sufficient to form a belief as to

the truth of the allegations contained in paragraph “19” of the complaint.

20. DEAN TISCHFELD denies the knowledge or information sufficient to form a belief as to

the truth of the allegations contained in paragraph “20” of the complaint.

21. DEAN TISCHFELD denies the allegations contained in paragraph “21” of the complaint.

22. DEAN TISCHFELD denies the allegations contained in paragraph “22” of the complaint.

23. DEAN TISCHFELD repeats and re-alleges each of the above allegations in paragraphs 1

through 22 in response to the allegations contained in paragraph “23” of the complaint.

24. DEAN TISCHFELD denies the allegations contained in paragraph “24” of the complaint.

25. DEAN TISCHFELD denies the knowledge or information sufficient to form a belief as to

the truth of the allegations contained in paragraph “25” of the complaint.

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FILED: NEW YORK COUNTY CLERK 05/29/2017
08/02/2017 02:41
04:43 PM INDEX NO. 650332/2017
NYSCEF DOC. NO. 7
14 RECEIVED NYSCEF: 05/29/2017
08/02/2017

26. DEAN TISCHFELD denies the allegations contained in paragraph “26” of the complaint.

AFFIRMATIVE DEFENSES

27. DEAN TISCHFELD repeats and incorporates each of the above allegations as if set forth

fully herein.

28. Defendant asserts the following defenses and affirmative defenses upon information and

belief, without assuming any burden of proof on issues where Plaintiff bears such burdens:

29. The tenant of the Premises was an entity other than the Defendant Nathan Sklar or the

Defendant Dean Tischfeld.

30. The tenant, by notification to Plaintiff sought to exercise its option to cancel the lease.

31. The tenant, by notification to Plaintiff exercised its option to cancel the lease.

32. Thereafter, while the tenant was not in possession of the Premises the Plaintiff engaged in

conduct that was consistent with the tenant’s surrender of the Premises.

33. The Plaintiff created and gave another person, persons, entity or entities an interest in the

Premises.

34. By operation of law the tenant’s interest in the Premises ceased.

FIRST AFFIRMATIVE DEFENSE

35. The present action is improper as a necessary party is excluded and that party is required

for a full and fair adjudication of all of the facts herein.

SECOND AFFIRMATIVE DEFENSE

36. Plaintiff is estopped from asserting the claims raised in the Complaint.

THIRD AFFIRMATIVE DEFENSE

37. Plaintiff is precluded from asserting the claims in the Complaint under the doctrines of

waiver, laches, estoppel, and unclean hands.

FOURTH AFFIRMATIVE DEFENSE

38. The Complaint fails to state a claim upon which relief can be granted.

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FILED: NEW YORK COUNTY CLERK 05/29/2017
08/02/2017 02:41
04:43 PM INDEX NO. 650332/2017
NYSCEF DOC. NO. 7
14 RECEIVED NYSCEF: 05/29/2017
08/02/2017

AS AND FOR A CROSS-CLAIM

39. The loss, if any, was due to the actions of co-defendant Nathan Sklar with whom Plaintiff,

upon information and belief, has an ongoing business relationship.

40. But for the actions or inaction of co-defendant Nathan Sklar, the Plaintiff would not have

been in an ongoing relationship with Defendant Dean Tischfeld and would not be able to

complain of any injury.

WHEREFORE, DEAN TISCHFELD respectfully requests that the Court enter judgment

dismissing the Plaintiff’s Complaint with prejudice and denying any and all causes of action made by

Plaintiff, and granting DEAN TISCHFELD the relief requested herein, together with such other and

further relief as this Honorable Court may deem to be just, fair and proper.

Dated: Staten Island, New York
May 29, 2017

Respectfully submitted,

/s/ John J. Macron
_____________________
John J. Macron
Attorney for Defendant
Dean Tischfeld
491 Bard Avenue
Staten Island, NY 10310
Tel. (718) 889-3584
Fax (718) 887-9483

Service Upon:

Axelrod, Fingerhut & Dennis
Attorney for Plaintiff
260 Madison Avenue, 15th Floor
New York, NY 10016
(212) 702-0900

Nathan Sklar
264 East Broadway, Apt. C201
New York, NY 10002

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Case Info

Judge

Nancy M. Bannon Track Judge’s New Case

Case No.

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Document Filed Date

August 02, 2017

Case Filing Date

January 19, 2017

County

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