On September 23, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Esmelin Pena,
Leonela Pena,
and
Van Courtlandt Assets Llc,
for Other Matters - Contract - Other
in the District Court of Bronx County.
Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/22/2022
EXHIBIT C
FILED: BRONX COUNTY CLERK 12/23/2020
11/22/2022 02:47
09:51 AM
PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 6
31 RECEIVED NYSCEF: 12/23/2020
11/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
---------------------------------------------------------------------x
ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E
Plaintiffs,
--against-- REPLY
VAN COURTLANDT ASSETS LLC,
Defendant.
---------------------------------------------------------------------x
Plaintiffs ESMELIN PENA and LEONELA PENA, by their attorney Thomas J.
Hillgardner, Esq., as and for a reply to the counterclaim contained in the verified answer dated
December 22, 2020 of the defendant in this action, VAN COURTLANDT ASSETS, LLC, do
hereby allege as follows:
1. Plaintiffs ESMELIN PENA and LEONELA PENA deny the allegations contained
in paragraphs 41 and 42 of the verified answer.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
2. The counterclaim of defendant VAN COURTLANDT ASSETS LLC that is set
forth in the verified answer dated December 22, 2020 fails to state a claim upon which relief may
be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
3. To the extent that the allegations set forth in paragraph 41 of the verified answer
may be liberally construed as referring to paragraph 18 of the Lease that is annexed to the
complaint as Exhibit 1 ("the Lease"), the defense of this lawsuit by defendant VAN
COURTLANDT ASSETS LLC does not constitute defendant's performance on Tenant's account
and paragraph 18 of the Lease does not permit it to recover the expenses it may incur in
successfully defending against a lawsuit maintained by plaintiffs that seeks to recover money
1 of 2
FILED: BRONX COUNTY CLERK 12/23/2020
11/22/2022 02:47
09:51 AM
PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 6
31 RECEIVED NYSCEF: 12/23/2020
11/22/2022
damages, statutory penalties, interest, and statutory attorneys fees based upon either a complaint
of rent overcharge or for recovery of excess security deposits paid.
PRAYER FOR RELIEF
WHEREFORE, in addition to the items contained in the prayer for relief set forth in
plaintiffs' complaint, plaintiffs pray for judgment as follows :
(a) di smissing the counterclaim of defendant VAN COURTLANDT ASSETS, LLC in its
entirety; and
(b) granting plaintiffs any such other and further relief that to this Court seems just and
proper.
DATED: Jamaica, New York
December 23, 2020
S J. HILLGARDNER, ESQ.
ey for PlaintiffS
170th Street
Jamaica, New York 11432
(7 18) 657-0606
A TTORNEY VERIFICATION
THOMAS 1. HILLGARDNER, ESQ., an attorney duly admitted to the practice oflaw
before the courts of the State of New York, pursuant to CPLR 21 05 affirms the following to be
true under the penalties for perjury::
That I am the attorney fo r the plaintiffs ESMELIN PENA and LEONELA PENA herein;
I have read the foregoing REPLY and know the contents thereo f; that the same is true to my
knowledge except as to matters therein alleged upon information and belief, and as to those
matters I believe them to be true.
This verification is made by me and not by one or both of the plaintiffs because the
undersigned maintains an office for the practice of law in the State of New York, County of
Queens, and neither ofthe plaintiffs is present in the County in which the undersigtned maintains
hi s law office.
DATED: Jamaica, New York
December 23, 2020
2
2 of 2
Document Filed Date
November 22, 2022
Case Filing Date
September 23, 2020
Category
Other Matters - Contract - Other
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Preview
FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 11/22/2022 EXHIBIT C FILED: BRONX COUNTY CLERK 12/23/2020 11/22/2022 02:47 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 6 31 RECEIVED NYSCEF: 12/23/2020 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ---------------------------------------------------------------------x ESMELIN PENA and LEONELA PENA, Index No. 30724/2020E Plaintiffs, --against-- REPLY VAN COURTLANDT ASSETS LLC, Defendant. ---------------------------------------------------------------------x Plaintiffs ESMELIN PENA and LEONELA PENA, by their attorney Thomas J. Hillgardner, Esq., as and for a reply to the counterclaim contained in the verified answer dated December 22, 2020 of the defendant in this action, VAN COURTLANDT ASSETS, LLC, do hereby allege as follows: 1. Plaintiffs ESMELIN PENA and LEONELA PENA deny the allegations contained in paragraphs 41 and 42 of the verified answer. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 2. The counterclaim of defendant VAN COURTLANDT ASSETS LLC that is set forth in the verified answer dated December 22, 2020 fails to state a claim upon which relief may be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 3. To the extent that the allegations set forth in paragraph 41 of the verified answer may be liberally construed as referring to paragraph 18 of the Lease that is annexed to the complaint as Exhibit 1 ("the Lease"), the defense of this lawsuit by defendant VAN COURTLANDT ASSETS LLC does not constitute defendant's performance on Tenant's account and paragraph 18 of the Lease does not permit it to recover the expenses it may incur in successfully defending against a lawsuit maintained by plaintiffs that seeks to recover money 1 of 2 FILED: BRONX COUNTY CLERK 12/23/2020 11/22/2022 02:47 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 6 31 RECEIVED NYSCEF: 12/23/2020 11/22/2022 damages, statutory penalties, interest, and statutory attorneys fees based upon either a complaint of rent overcharge or for recovery of excess security deposits paid. PRAYER FOR RELIEF WHEREFORE, in addition to the items contained in the prayer for relief set forth in plaintiffs' complaint, plaintiffs pray for judgment as follows : (a) di smissing the counterclaim of defendant VAN COURTLANDT ASSETS, LLC in its entirety; and (b) granting plaintiffs any such other and further relief that to this Court seems just and proper. DATED: Jamaica, New York December 23, 2020 S J. HILLGARDNER, ESQ. ey for PlaintiffS 170th Street Jamaica, New York 11432 (7 18) 657-0606 A TTORNEY VERIFICATION THOMAS 1. HILLGARDNER, ESQ., an attorney duly admitted to the practice oflaw before the courts of the State of New York, pursuant to CPLR 21 05 affirms the following to be true under the penalties for perjury:: That I am the attorney fo r the plaintiffs ESMELIN PENA and LEONELA PENA herein; I have read the foregoing REPLY and know the contents thereo f; that the same is true to my knowledge except as to matters therein alleged upon information and belief, and as to those matters I believe them to be true. This verification is made by me and not by one or both of the plaintiffs because the undersigned maintains an office for the practice of law in the State of New York, County of Queens, and neither ofthe plaintiffs is present in the County in which the undersigtned maintains hi s law office. DATED: Jamaica, New York December 23, 2020 2 2 of 2