Preview
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM INDEX NO. E2020008624
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2621509
Book Page CIVIL
Return To: No. Pages: 9
YELENA SHAROVA
147 PRINCE STREET, 4TH FLOOR Instrument: ANSWER
BROOKLYN, NY 11201
Control #: 202102051278
Index #: E2020008624
Date: 02/05/2021
Shanbhag, Ramdas Time: 6:01:39 PM
Shanbhag, Ramdas
Trinidad, Maria
Jen Len, LLC
Jen Len 401 K Plan FBO Maria Trinidad
Jen Len, LLC, Revocable Living Trust
Equity Trust Company, Custodian, FBO, Maria Trinidad
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202102051278 Index #
INDEX : E2020008624
NO. E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
---------------------------------------------------------------------x
RAMDAS SHANBHAG and Index No.: E2020008624
RAMDAS SHANBHAG as Trustee for the
RAMDAS SHANBHAG TRUST,
VERIFIED ANSWER
Plaintiffs,
-against-
MARIA TRINIDAD;
JENLEN, LLC;
JENLEN 401K PLAN FBO MARIA TRINIDAD;
JENLEN, LLC, REVOCABLE LIVING TRUST;
EQUITY TRUST COMPANY, CUSTODIAN, FBO
MARIA TRINIDAD;
LIMA CHARLIE, LLC;
METRO CITY BANK;
LYONS NATIONAL BANK;
RADNAGE PROPERTY, LLC, and
“JOHN DOE” and “MARY DOE”, said names being
fictitious, parties intended being possible tenants or
occupants of premises, and corporations, other
entities or persons who claim, or may claim,
a lien against the premises,
Defendants,
---------------------------------------------------------------------x
Defendant MARIA TRINIDAD, JENLEN, LLC, JENLEN 401K PLAN FBO MARIA
TRINIDAD, JENLEN, LLC, REVOCABLE LIVING TRUST, EQUITY TRUST COMPANY,
CUSTODIAN, FBO MARIA TRINIDAD (herein after as “Trinidad”) by and through her
attorneys, the Sharova Law Firm as and for their Verified Answer to the Complaint, upon
information and belief, hereby respond as follows:
1. Admits the allegations contained in the paragraphs of the complaint numbered “1”, “2”, “3”,
“4”, “6”, and “7”.
2. Denies knowledge or information sufficient to form a belief as to paragraph number “5” of
the complaint as to Venue.
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NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations
set forth in paragraphs “8” through “199” of the Plaintiffs complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
4. The court lacks personal jurisdiction over the Defendant and the complaint must be
dismissed.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
5. The complaint in its entirety, and each cause of action contained therein, fails to state a cause
of action upon which relief can be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
6. Defendant does not owe the alleged debt and demands proof of the debt and damages
Plaintiff claims.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
7. Plaintiff’s complaint allegations are barred by the doctrines of estoppel and waiver.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
8. Plaintiffs’ claims must fail because Defendants have defenses based on documentary
evidence.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
9. Plaintiffs’ claims are barred in whole or in part by its failure to mitigate damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
10. Plaintiff’s claims are barred in whole or in part because Plaintiff suffered no damages, or in
the alternative, any damages allegedly incurred are inconsequential and de minimus.
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E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
11. The defendant asserts that the Plaintiff is seeking to recover more than plaintiff is entitled to
recover in this matter, and award of the judgment sought by the plaintiff would unjustly
enrich the plaintiff.
AS AND FOR A NINTH AFFIRMITIVE DEFENSE
12. As to any written agreements between the parties, same were executed by Defendant under
duress, or undue influence, or harassment, or stalking, and/or intimidation on the part of
Plaintiff.
WHEREFORE, Defendants MARIA TRINIDAD, JENLEN, LLC, JENLEN 401K PLAN
FBO MARIA TRINIDAD, JENLEN, LLC, REVOCABLE LIVING TRUST, EQUITY
TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD demands judgment
dismissing Plaintiff’s Complaint against her, together with the costs and disbursements of this
action, and for such other and further relief as this Court deems just and proper.
Dated: January 20, 2021
____________________________________
Charles W. Marino, Esq.
SHAROVA LAW FIRM
Attorneys for Defendant MARIA TRINIDAD,
JENLEN, LLC, JENLEN 401K PLAN FBO
MARIA TRINIDAD, JENLEN, LLC,
REVOCABLE LIVING TRUST, EQUITY
TRUST COMPANY, CUSTODIAN, FBO
MARIA TRINIDAD
147 Prince Street, 4th Floor
Brooklyn, New York 11201
(718) 766-5153
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E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
VERIFICATION
State of New York )
County of Ñ «ssw )
Maria Trinidad, being duly sworn, deposes and says:
I am the Defendant in the within captioned action, I have read the foregoing Answer and
know the contents thereof; and its contents are true to my own knowledge, except to those matters
alleged to be upon inform_±don and belief and as to those matters, I believe them to be true.
MA IA TRIMDAD
Sworn to before e
this of J -r , 2021
2fday
y
OT PUBLIC
JAYLEN JAMES GEORGE
- New York
Notary Public State of
NO. 01GE6397876
Qualified in Queens County
Expires Sep 16, 2023
My Commission
5 of 9
202102051278 IndexNO.
INDEX #: E2020008624
E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
' State of New York )
County of Nassau )
VERIFICATION
Maria Trinidad, being duly sworn, deposes and says that she is an authorized member
signing on behalf of the Defendant JENLEN LLC; that she has reviewed the foregoing Answer
and that she believes that, based upon matters within her personal knowledge and on information
and documents that have been assembled and provided to her, except to those matters alleged to
be upon information and belief and as to those matters, the Answer therein are true and correct to
the best of her knowledge.
Sworn to before me
this �day of��__,
J2.. �! F GASTO
Nof::.ry Pcb:lc, S"r:te of New\': "ft
r•o. 01GAG015481
Quc.mied in Nassau Count'}
Commission Expires Nov. 02, 20 Al
6 of 9
202102051278 #: E2020008624
Index NO.
INDEX E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
VERIFICATION
State ofNew York )
County of Nassau )
Maria Trinidad, sworn, deposes and says that she is the Trustee authorized to
being duly
sign on behalf of the Defendant FBO MARIA
EQUITY TRUST COMPANY, CUSTODIAN,
TRINIDAD; that she has reviewed the foregoing Answer and that she believes that, based upon
rnatters within her personal knowicdge and on information and d~"ments that have been
assembled and provided to her, except to those matters alleged to be upon informnêñ and belief
and as to those matters, the Answer therein correct to the best of her
are true and knowledge.
MARIA TRINIDAD
Sworn to before me
y of 2021
u Cour.ty
OTARY P LIC G2,2
7 of 9
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INDEX M
#: E2029503524
E2020008624
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
VERIFICATION
State ofNew York )
County of Nassau )
Maria Trinidad, deposes and says that she is the authorized owner and
being duly sworn,
user on behalf
signing of the Defendant JENLEN 401K PLAN FBO MARIA TRINIDAD; that
she has reviewed the
foregoing Answer and that she believes that, based upon matters within her
personal knowledge and on information and documents that have been assembled and provided to
her, except to those matters alleged to be upon informaticñ and belief and as to those the
matters,
Answer therein are true and correct to the best ofher knowledge.
Sworn o before me
T AD
Ws y of , 2021
OTARY UBLIC
NC
ÊÌ5
d in Nassau County
Comm
C
on Expires Nov.02, 24
8 of 9
202102051278 Index NO.
INDEX #: E2020008624
E2020008624
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021
VERIFICATION
State of New York )
County of Nassau )
Maria Trinidad, being duly sworn, deposes and says that she is the Trustee authorized to
sign on behalf of the Defendant JENLEN, LLC, REVOCABLE LIVING TRUST; that she has
reviewed the foregoing Answer and that she believes that, based upon matters within her personal
knowledge and on information and documents that have been assembled and provided to her,
except to those matters alleged to be upon information and belief and as to those matters, the
Answer therein are true and correct to the best of her knowledge.
Sworn to before me
tbis5Jb day of�=-•-__,, 2021
��4✓✓
9 of 9
Preview
FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM INDEX NO. E2020008624 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2621509 Book Page CIVIL Return To: No. Pages: 9 YELENA SHAROVA 147 PRINCE STREET, 4TH FLOOR Instrument: ANSWER BROOKLYN, NY 11201 Control #: 202102051278 Index #: E2020008624 Date: 02/05/2021 Shanbhag, Ramdas Time: 6:01:39 PM Shanbhag, Ramdas Trinidad, Maria Jen Len, LLC Jen Len 401 K Plan FBO Maria Trinidad Jen Len, LLC, Revocable Living Trust Equity Trust Company, Custodian, FBO, Maria Trinidad Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 9 202102051278 Index # INDEX : E2020008624 NO. E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ---------------------------------------------------------------------x RAMDAS SHANBHAG and Index No.: E2020008624 RAMDAS SHANBHAG as Trustee for the RAMDAS SHANBHAG TRUST, VERIFIED ANSWER Plaintiffs, -against- MARIA TRINIDAD; JENLEN, LLC; JENLEN 401K PLAN FBO MARIA TRINIDAD; JENLEN, LLC, REVOCABLE LIVING TRUST; EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD; LIMA CHARLIE, LLC; METRO CITY BANK; LYONS NATIONAL BANK; RADNAGE PROPERTY, LLC, and “JOHN DOE” and “MARY DOE”, said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants, ---------------------------------------------------------------------x Defendant MARIA TRINIDAD, JENLEN, LLC, JENLEN 401K PLAN FBO MARIA TRINIDAD, JENLEN, LLC, REVOCABLE LIVING TRUST, EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD (herein after as “Trinidad”) by and through her attorneys, the Sharova Law Firm as and for their Verified Answer to the Complaint, upon information and belief, hereby respond as follows: 1. Admits the allegations contained in the paragraphs of the complaint numbered “1”, “2”, “3”, “4”, “6”, and “7”. 2. Denies knowledge or information sufficient to form a belief as to paragraph number “5” of the complaint as to Venue. 2 of 9 202102051278 IndexNO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “8” through “199” of the Plaintiffs complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. The court lacks personal jurisdiction over the Defendant and the complaint must be dismissed. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 5. The complaint in its entirety, and each cause of action contained therein, fails to state a cause of action upon which relief can be granted. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 6. Defendant does not owe the alleged debt and demands proof of the debt and damages Plaintiff claims. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 7. Plaintiff’s complaint allegations are barred by the doctrines of estoppel and waiver. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 8. Plaintiffs’ claims must fail because Defendants have defenses based on documentary evidence. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 9. Plaintiffs’ claims are barred in whole or in part by its failure to mitigate damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 10. Plaintiff’s claims are barred in whole or in part because Plaintiff suffered no damages, or in the alternative, any damages allegedly incurred are inconsequential and de minimus. 3 of 9 202102051278 IndexNO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 11. The defendant asserts that the Plaintiff is seeking to recover more than plaintiff is entitled to recover in this matter, and award of the judgment sought by the plaintiff would unjustly enrich the plaintiff. AS AND FOR A NINTH AFFIRMITIVE DEFENSE 12. As to any written agreements between the parties, same were executed by Defendant under duress, or undue influence, or harassment, or stalking, and/or intimidation on the part of Plaintiff. WHEREFORE, Defendants MARIA TRINIDAD, JENLEN, LLC, JENLEN 401K PLAN FBO MARIA TRINIDAD, JENLEN, LLC, REVOCABLE LIVING TRUST, EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD demands judgment dismissing Plaintiff’s Complaint against her, together with the costs and disbursements of this action, and for such other and further relief as this Court deems just and proper. Dated: January 20, 2021 ____________________________________ Charles W. Marino, Esq. SHAROVA LAW FIRM Attorneys for Defendant MARIA TRINIDAD, JENLEN, LLC, JENLEN 401K PLAN FBO MARIA TRINIDAD, JENLEN, LLC, REVOCABLE LIVING TRUST, EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD 147 Prince Street, 4th Floor Brooklyn, New York 11201 (718) 766-5153 4 of 9 202102051278 Index NO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 VERIFICATION State of New York ) County of Ñ «ssw ) Maria Trinidad, being duly sworn, deposes and says: I am the Defendant in the within captioned action, I have read the foregoing Answer and know the contents thereof; and its contents are true to my own knowledge, except to those matters alleged to be upon inform_±don and belief and as to those matters, I believe them to be true. MA IA TRIMDAD Sworn to before e this of J -r , 2021 2fday y OT PUBLIC JAYLEN JAMES GEORGE - New York Notary Public State of NO. 01GE6397876 Qualified in Queens County Expires Sep 16, 2023 My Commission 5 of 9 202102051278 IndexNO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 ' State of New York ) County of Nassau ) VERIFICATION Maria Trinidad, being duly sworn, deposes and says that she is an authorized member signing on behalf of the Defendant JENLEN LLC; that she has reviewed the foregoing Answer and that she believes that, based upon matters within her personal knowledge and on information and documents that have been assembled and provided to her, except to those matters alleged to be upon information and belief and as to those matters, the Answer therein are true and correct to the best of her knowledge. Sworn to before me this �day of��__, J2.. �! F GASTO Nof::.ry Pcb:lc, S"r:te of New\': "ft r•o. 01GAG015481 Quc.mied in Nassau Count'} Commission Expires Nov. 02, 20 Al 6 of 9 202102051278 #: E2020008624 Index NO. INDEX E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 VERIFICATION State ofNew York ) County of Nassau ) Maria Trinidad, sworn, deposes and says that she is the Trustee authorized to being duly sign on behalf of the Defendant FBO MARIA EQUITY TRUST COMPANY, CUSTODIAN, TRINIDAD; that she has reviewed the foregoing Answer and that she believes that, based upon rnatters within her personal knowicdge and on information and d~"ments that have been assembled and provided to her, except to those matters alleged to be upon informnêñ and belief and as to those matters, the Answer therein correct to the best of her are true and knowledge. MARIA TRINIDAD Sworn to before me y of 2021 u Cour.ty OTARY P LIC G2,2 7 of 9 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM Index NO. INDEX M #: E2029503524 E2020008624 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 VERIFICATION State ofNew York ) County of Nassau ) Maria Trinidad, deposes and says that she is the authorized owner and being duly sworn, user on behalf signing of the Defendant JENLEN 401K PLAN FBO MARIA TRINIDAD; that she has reviewed the foregoing Answer and that she believes that, based upon matters within her personal knowledge and on information and documents that have been assembled and provided to her, except to those matters alleged to be upon informaticñ and belief and as to those the matters, Answer therein are true and correct to the best ofher knowledge. Sworn o before me T AD Ws y of , 2021 OTARY UBLIC NC ÊÌ5 d in Nassau County Comm C on Expires Nov.02, 24 8 of 9 202102051278 Index NO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 02/05/2021 06:00 PM NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/05/2021 VERIFICATION State of New York ) County of Nassau ) Maria Trinidad, being duly sworn, deposes and says that she is the Trustee authorized to sign on behalf of the Defendant JENLEN, LLC, REVOCABLE LIVING TRUST; that she has reviewed the foregoing Answer and that she believes that, based upon matters within her personal knowledge and on information and documents that have been assembled and provided to her, except to those matters alleged to be upon information and belief and as to those matters, the Answer therein are true and correct to the best of her knowledge. Sworn to before me tbis5Jb day of�=-•-__,, 2021 ��4✓✓ 9 of 9