Preview
FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------- ---------------------X
ESMELIN PENA and LEONELA PENA,
VERIFIED ANSWER
Plaintiff(s),
Index No.: 30724/2020E
-against-
VAN CORTLANDT ASSETS LLC,
Defendant(s).
_______________________________ ------X
PLEASE TAKE NOTICE that Defendants, VAN COURTLANDT ASSETS LLC
("Defendant"), hereby appears in this action by its attorneys, NOVICK EDELSTEIN
6th
POMERANTZ, P.C., 733 Yonkers Avenue, Floor, Yonkers, NY 10704 ("Novick
Edeistein"), and demands that all papers herein be served upon the undersigned at the
address below.
PLEASE TAKE FURTHER NOTICE that Defendant interposes the following
verified answer to the Complaint:
1. Defendant lacks knowledge or information sufficient to admit or deny the
"7"
allegations in paragraphs "1", "2", and of the Complaint.
2. Defendant admits the allegations made in paragraph "3", "4", "5", "6", "8",
"26"
"9", "10", "11", "12", "14", "15", "20", and of the Complaint.
3. Defendants deny the allegations made in paragraph "13", "16", "17", "18",
"27"
"22", "23", "24", and of the Complaint.
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"21"
4. Defendant admits the allegations made in paragraph of the Complaint,
only to the extent that Plaintiff executed a renewal lease commencing July 1, 2019 and
ending June 30, 2021, a monthly legal rent of $2,152.50.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
5. Defendant incorporate herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
6. The Complaint fails to state a cause of action or fails to state claims upon
which relief can be granted against Defendant, and the case must be dismissed.
7. Specifically, Plaintiffs fail to demonstrate that Defendant improperly
increased the monthly legal rent for the subject apartment for the periods in question.
8. The Complaint should be dismissed.
AS AND FOR SECO_ND AFFIRMATIVE DEFENSE
9. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
Plaintiffs'
10. claims are barred, in whole or in part, to the extent Plaintiffs failed
to timely and properly exhaust all necessary statutory and/or jurisdictional prerequisites
for the commencement of this action.
11. The Complaint should be dismissed.
A_S AND FOR THIRD AFFIRMATIVE DEFENSE
12. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
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Plaintiffs'
13. claims are barred, in whole or in part, by the applicable principles
of waiver, ratification, laches, res judicata and/or estoppel.
14. The Complaint should be dismissed.
AS AND FOR FOURTH AFFIRMATIVE DEFENSE
15. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
Plaintiffs'
16. claims are barred, in whole or in part, by the unclean hands and/or
actions and/or inactions of Plaintiffs.
17. The Complaint should be dismissed.
AS AND FOR FIFTH AFFIRMATIVE DEFENSE
18. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
Plaintiffs'
19. claims are barred, in whole or in part, by the applicable statute of
limitations.
20. The Complaint should be dismissed.
AS AND FOR SIXTH AFFIRMATIVE DEFENSE
21. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
22. The Division of Housing and Community Renewal has primary jurisdiction
over these issues.
23. Therefore, this Court lacks jurisdiction to grant the relief sought within this
Complaint.
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24. The Complaint should be dismissed.
AS AND FOR SEVENTH AFFIRMATIVE DEFENSE
25. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
Plaintiffs'
26. That to the extent assigned, transferred, sold or otherwise
disposed of the right to relief on the claims herein, they lack standing or capacity to sue.
27. The Complaint should be dismissed.
AS AND FOR EIGHTH AFFIRMATIVE DEFENSE
28. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
Plaintiffs'
29. Defendant alleges that the granting of the demand in the
Complaint would result in unjust enrichment, as Defendant did not collect any monies
from Plaintiff in excess of the monthly legal rent for the Subject Premises.
30. The Complaint should be dismissed.
AS AND FOR TENTH AFFIRMATIVE DEFENSE
31. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
32. Defendant asserts that the rents for the subject apartment were lawful
increases pursuant to the New York State Rent Stabilization Laws and any and all
applicable statutes, including all lease, vacancy, and individual apartment increases.
33. The Complaint should be dismissed.
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A.S AND FOR ELEVENTH AFFIRMATIVE DEFENSE
34. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
35. Defendant assert that even if the Plaintiffs allegations/claims are true,
Defendant's actions were not willful.
36. Thus, treble damages should not be awarded herein.
37. The Complaint should be dismissed.
AS AND FOR TWELFTH AFFIRMATIVE DEFENSE
38. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
39. Defendant expressly reserves their right to subsequently amend this Answer
and assert additional affirmative defenses Defendant may have, but yet not be aware of
at this time, as discovery proceeds.
AS AND FOR FIRST COUNTERCLAIM
40. Defendant incorporates herein by reference, each and every allegation,
answer and denial contained in each of the above paragraphs.
41. Pursuant to Paragraph 16 of the Apartment Lease Agreement for the
Subject Premises between Plaintiff and Defendant shall be entitled to reasonable
attorney's fees and costs to be incurred in successfully defending this action.
42. That upon dismissal of the Complaint, Defendant should be granted
judgment on its counterclaim in an amount to be determined by the Court, but not less
than $5,000.00.
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WHEREFORE, Defendant respectfully requests that the Court enter a judgment
Plaintiffs'
dismissing Complaint against Defendant with prejudice in its entirety; sustaining
Defendant's affirmative defenses; awarding Defendant judgment on its First
Counterclaim; awarding Defendant costs and disbursements; and such other and further
relief as the Court deems just and proper.
Dated:Yonkers, New York
December 22, 2020
L½ichilÍ I. Perez, Esq.
NOVICK EDELSTEIN POMERANTZ, P.C.
Attorneys for Defendant
733 Yonkers Avenue
Yonkers, NY 10704
Tel. (914) 375-0100
Fax (914) 375-0699
Email: mperez@novickedelstein.com
To: Thomas J. Hillgardner, Esq.
Attorneys for Plaintiffs
170th
82-63 Street
Jamaica, NY 11432
Tel. (718) 657-0606
VIA NYSCEF
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------- -------------X
ESMELIN PENA and LEONELA PENA,
VERIFICATIO.N
Plaintiff(s),
Index No.: 30724/2020E
-against-
VAN CORTLANDT ASSETS LLC,
Defendant(s).
----------------------- ------------ ------X
STATE OF NEW YORK )
)ss.:
COUNTY OF Û D )
RINALDO TOPOROVSKY, being duly sworn, deposes and says, that he/she is a
member of Defendant, VAN CORTLANDT ASSETS LLC, in the within action, that he/she
has read the füregaing Answer, that he/she knows the contents thereof, and that to
his/her kñcw|êdge the Answer is true, except as to matters stated therein to be alleged
upon information and belief, and, as to those matters, he/she believes it to be true.
RINALDO TOPÒROVSKY
Sworn to before me this 2c2
day of December 2020
Notary Public
ESTHER ERPS
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 31-4760064
Qualified in New York County
Commission Expires April 06, 2023
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020
NOTICE OF ENTRY INDEX NO.: 30724 / YEAR: 2020e
Sir:-Please take notice that the within is a (certified) SUPREME COURT OF THE STATE OF NEW YORK
true copy of a COUNTY OF BRONX
duly entered in the office of the clerk of the within
named court on 2020 ESMELIN PENA and LEONELA PENA,
Dated:
Plaintiff(s)
YOURS, ETC.
NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST-
VAN CORTLANDT ASSETS LLC,
ATTORNEY FOR Defendant(s).
OFFICE AND POST OFFICE ADDRESS
733 YONKERS AVENUE
YONKERS, NY 10704
VERIFIED ANSWER
TO:
ATTORNEY(S) FOR P.C.
NOVICK, EDELSTEIN, POMERANTZ,
NOTICE OF SETTLEMENT for
Attorney
SIR:-Please take notice that an order Office and Post Office Address, Telephone
733 Yonkers Avenue
of which the within is a true copy will be presented NY 10704
Yonkers,
for settlement to the Hon. 375-0100
(914)
on the Day of 2020 To:
Attorney(s) for
at M.
Service of a copy of the within
is hereby admitted.
Dated, Dated,
Yours, etc.
Novick, Edelstein, Pomerantz, P.C. for
Attorney(s)
Attorney for
Office and post office address
733 Yonkers Avenue
Yonkers, NY 10704
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Preview
FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------- ---------------------X ESMELIN PENA and LEONELA PENA, VERIFIED ANSWER Plaintiff(s), Index No.: 30724/2020E -against- VAN CORTLANDT ASSETS LLC, Defendant(s). _______________________________ ------X PLEASE TAKE NOTICE that Defendants, VAN COURTLANDT ASSETS LLC ("Defendant"), hereby appears in this action by its attorneys, NOVICK EDELSTEIN 6th POMERANTZ, P.C., 733 Yonkers Avenue, Floor, Yonkers, NY 10704 ("Novick Edeistein"), and demands that all papers herein be served upon the undersigned at the address below. PLEASE TAKE FURTHER NOTICE that Defendant interposes the following verified answer to the Complaint: 1. Defendant lacks knowledge or information sufficient to admit or deny the "7" allegations in paragraphs "1", "2", and of the Complaint. 2. Defendant admits the allegations made in paragraph "3", "4", "5", "6", "8", "26" "9", "10", "11", "12", "14", "15", "20", and of the Complaint. 3. Defendants deny the allegations made in paragraph "13", "16", "17", "18", "27" "22", "23", "24", and of the Complaint. 1 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 "21" 4. Defendant admits the allegations made in paragraph of the Complaint, only to the extent that Plaintiff executed a renewal lease commencing July 1, 2019 and ending June 30, 2021, a monthly legal rent of $2,152.50. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 5. Defendant incorporate herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 6. The Complaint fails to state a cause of action or fails to state claims upon which relief can be granted against Defendant, and the case must be dismissed. 7. Specifically, Plaintiffs fail to demonstrate that Defendant improperly increased the monthly legal rent for the subject apartment for the periods in question. 8. The Complaint should be dismissed. AS AND FOR SECO_ND AFFIRMATIVE DEFENSE 9. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. Plaintiffs' 10. claims are barred, in whole or in part, to the extent Plaintiffs failed to timely and properly exhaust all necessary statutory and/or jurisdictional prerequisites for the commencement of this action. 11. The Complaint should be dismissed. A_S AND FOR THIRD AFFIRMATIVE DEFENSE 12. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 2 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 Plaintiffs' 13. claims are barred, in whole or in part, by the applicable principles of waiver, ratification, laches, res judicata and/or estoppel. 14. The Complaint should be dismissed. AS AND FOR FOURTH AFFIRMATIVE DEFENSE 15. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. Plaintiffs' 16. claims are barred, in whole or in part, by the unclean hands and/or actions and/or inactions of Plaintiffs. 17. The Complaint should be dismissed. AS AND FOR FIFTH AFFIRMATIVE DEFENSE 18. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. Plaintiffs' 19. claims are barred, in whole or in part, by the applicable statute of limitations. 20. The Complaint should be dismissed. AS AND FOR SIXTH AFFIRMATIVE DEFENSE 21. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 22. The Division of Housing and Community Renewal has primary jurisdiction over these issues. 23. Therefore, this Court lacks jurisdiction to grant the relief sought within this Complaint. 3 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 24. The Complaint should be dismissed. AS AND FOR SEVENTH AFFIRMATIVE DEFENSE 25. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. Plaintiffs' 26. That to the extent assigned, transferred, sold or otherwise disposed of the right to relief on the claims herein, they lack standing or capacity to sue. 27. The Complaint should be dismissed. AS AND FOR EIGHTH AFFIRMATIVE DEFENSE 28. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. Plaintiffs' 29. Defendant alleges that the granting of the demand in the Complaint would result in unjust enrichment, as Defendant did not collect any monies from Plaintiff in excess of the monthly legal rent for the Subject Premises. 30. The Complaint should be dismissed. AS AND FOR TENTH AFFIRMATIVE DEFENSE 31. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 32. Defendant asserts that the rents for the subject apartment were lawful increases pursuant to the New York State Rent Stabilization Laws and any and all applicable statutes, including all lease, vacancy, and individual apartment increases. 33. The Complaint should be dismissed. 4 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 A.S AND FOR ELEVENTH AFFIRMATIVE DEFENSE 34. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 35. Defendant assert that even if the Plaintiffs allegations/claims are true, Defendant's actions were not willful. 36. Thus, treble damages should not be awarded herein. 37. The Complaint should be dismissed. AS AND FOR TWELFTH AFFIRMATIVE DEFENSE 38. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 39. Defendant expressly reserves their right to subsequently amend this Answer and assert additional affirmative defenses Defendant may have, but yet not be aware of at this time, as discovery proceeds. AS AND FOR FIRST COUNTERCLAIM 40. Defendant incorporates herein by reference, each and every allegation, answer and denial contained in each of the above paragraphs. 41. Pursuant to Paragraph 16 of the Apartment Lease Agreement for the Subject Premises between Plaintiff and Defendant shall be entitled to reasonable attorney's fees and costs to be incurred in successfully defending this action. 42. That upon dismissal of the Complaint, Defendant should be granted judgment on its counterclaim in an amount to be determined by the Court, but not less than $5,000.00. 5 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 WHEREFORE, Defendant respectfully requests that the Court enter a judgment Plaintiffs' dismissing Complaint against Defendant with prejudice in its entirety; sustaining Defendant's affirmative defenses; awarding Defendant judgment on its First Counterclaim; awarding Defendant costs and disbursements; and such other and further relief as the Court deems just and proper. Dated:Yonkers, New York December 22, 2020 L½ichilÍ I. Perez, Esq. NOVICK EDELSTEIN POMERANTZ, P.C. Attorneys for Defendant 733 Yonkers Avenue Yonkers, NY 10704 Tel. (914) 375-0100 Fax (914) 375-0699 Email: mperez@novickedelstein.com To: Thomas J. Hillgardner, Esq. Attorneys for Plaintiffs 170th 82-63 Street Jamaica, NY 11432 Tel. (718) 657-0606 VIA NYSCEF 6 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------- -------------X ESMELIN PENA and LEONELA PENA, VERIFICATIO.N Plaintiff(s), Index No.: 30724/2020E -against- VAN CORTLANDT ASSETS LLC, Defendant(s). ----------------------- ------------ ------X STATE OF NEW YORK ) )ss.: COUNTY OF Û D ) RINALDO TOPOROVSKY, being duly sworn, deposes and says, that he/she is a member of Defendant, VAN CORTLANDT ASSETS LLC, in the within action, that he/she has read the füregaing Answer, that he/she knows the contents thereof, and that to his/her kñcw|êdge the Answer is true, except as to matters stated therein to be alleged upon information and belief, and, as to those matters, he/she believes it to be true. RINALDO TOPÒROVSKY Sworn to before me this 2c2 day of December 2020 Notary Public ESTHER ERPS NOTARY PUBLIC, STATE OF NEW YORK Registration No. 31-4760064 Qualified in New York County Commission Expires April 06, 2023 7 of 8 FILED: BRONX COUNTY CLERK 12/22/2020 04:15 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/22/2020 NOTICE OF ENTRY INDEX NO.: 30724 / YEAR: 2020e Sir:-Please take notice that the within is a (certified) SUPREME COURT OF THE STATE OF NEW YORK true copy of a COUNTY OF BRONX duly entered in the office of the clerk of the within named court on 2020 ESMELIN PENA and LEONELA PENA, Dated: Plaintiff(s) YOURS, ETC. NOVICK, EDELSTEIN, POMERANTZ, P.C. -AGAINST- VAN CORTLANDT ASSETS LLC, ATTORNEY FOR Defendant(s). OFFICE AND POST OFFICE ADDRESS 733 YONKERS AVENUE YONKERS, NY 10704 VERIFIED ANSWER TO: ATTORNEY(S) FOR P.C. NOVICK, EDELSTEIN, POMERANTZ, NOTICE OF SETTLEMENT for Attorney SIR:-Please take notice that an order Office and Post Office Address, Telephone 733 Yonkers Avenue of which the within is a true copy will be presented NY 10704 Yonkers, for settlement to the Hon. 375-0100 (914) on the Day of 2020 To: Attorney(s) for at M. Service of a copy of the within is hereby admitted. Dated, Dated, Yours, etc. Novick, Edelstein, Pomerantz, P.C. for Attorney(s) Attorney for Office and post office address 733 Yonkers Avenue Yonkers, NY 10704 8 of 8