Preview
FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ROYCE OTTO SUN,
VERIFIED ANSWER WITH
Plaintiff, AFFIRMATIVE DEFENSES
AND COUNTERCLAIMS
-against- Index No. 650331/17
JOY GREENE YASUMURA, individually and
as Executor of the Estate of MUTSUO
YASUMURA, ABBE KADISH,
and MUTS & JOY, INC.,
Defendants.
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The Defendant, Abbe L. Kadish, s/h/a Abbe Kadish, pro se, does state and say as and for
his Verified Answer with Affirmative Defenses to Plaintiff's Verified Amended Complaint as
follows:
ANSWERING PLAINTIFF'S COMPLAINT
1. The Defeñdañt denies knowledge or information sufficient to form a belief as to
"1"
the allegations contained in paragraph numbered and otherwise leaves all
questions of fact and law to the Court.
"4"
2. The Defendants denies the allegations contained in paragraph ñümbered
except the Defendant Muts & Joy & Inc. s/h/a Muts & Joy, Inc. [herciñafter,
"M&J"] is a domestic corporation doing business in the State of New York.
"5"
3. The Defendant denies the allegations contained in paragraph numbered except
Mutsuo Yasumura [hereinafter "M.Yasumura"] and Joy Greene Yasumura
[hereinafter, "J.G. Yasumura"] were the exclusive owner of shares of stock with
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"1A" "lK" "40th
leases assigned and issued to Units and in a the entity known as
Street Tenants Corporation", a domestic corporation formed pursuant to the New
York Cooperative Corporations Law, with its principal place of business in the
"40th
County of New York, City and State of New York [hereiñafter referred to as
Street"], and otherwise leaves all questions of fact and law to the Court.
4. The Defendant denies knowledge or information sufficient to form a belief as to
"7" "8"
the allegations contained in paragraphs numbered and and otherwise
leaves allquestions of fact and law to the Court.
ANSWERING PLAINTIFF'S FIRST CAUSE OF ACTION
"l" "8"
5. The Defendañt repeats and realleges his answers to ¶¶ to of the Ameñded
Complaint as if more fully stated herein.
"10"
6. The Defendant denies the allegations of paragraph numbered except admits
Yasumura" "M&J"
Plaintiff and Defendants "M.Yasumura","J.G. and entered
into a contract regarding the sale of their shares of stock and interest in two
"lA" "lK" 40th
separate units, and of Street Tenants Corporation, along with
other ancillary items, pursuant to specific conditions, in the amount of
$2,500,000.00 [hereinafter referred to as the "October 11, 2016 Contract of Sale"]
and otherwise leaves all questions of fact and law to the Court.
7. The Defendants deny knowledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "11", except upon information
and belief, Abbe Kadish did sign the "October 11, 2016 Contract of Sale".
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8. The Defendant denies kñowledge or information sufficient to form a belief as to
the allegations contained in paragraph ñümbered "12", except upon information
and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff tendered
$250,000.00 as a deposit [hereinafter referred to as the "Escrow Deposit"]
"1.12.1" Sale,"
pursuant to provision of the "October 11, 2016 Contract of and
otherwise leaves allquestions of fact and law to the Court.
9. The Defendant denies knowledge or information sufficient to form a belief as to
the allegations contaiñéd in paragraph numbered "13", except upon information
Deposit"
and belief, this Defendant placed the "Escrow in an account pursuant to
Sale"
the provisions of the "October 11, 2016 Contract of and otherwise leaves all
questions of fact and law to the Court.
10. The Defendant denies knowledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "14", except upon information
and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff was
"40th
required to properly and timely submit an application to the
"40th Street"
Cooperative Corporation and obtain the approval of the Cooperative
Corporation and otherwise leaves all questions of fact and law to the Court.
11. The Defendant denies knowledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "15", and otherwise leave all
questions and law to the Court, including the interpretation and terms of the
"October 11, 2016 Contract of Sale".
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12. The Defendant Admits the allegations contained in paragraph numbered "16", and
otherwise leave all questions and law to the Court, includiñg the interpretation and
terms of the "October 11, 2016 Contract of Sale".
13. The Defendant denies the allegations contained in paragraph numbered "17", and
affirmatively state that Plaintiff has failed to properly act in good faith, and has
otherwise fail to disclose material facts and otherwise comply the with the terms
Sale"
and conditions of the "October 11, 2016 Contract of and otherwise leaves
all questions of fact and law to the Court.
14. The Defendant denies knowledge or information sufficient to form a belief as to
"18"
the allegations contained in paragraphs numbered and "19", except that in
"40'h Street"
and about November, 2016, the Board of Directors of advised
Plaintiff that itwould not approve the proposed sale to Plaintiff pursuant to the
Sale"
"October 11, 2016 Contract of and otherwise leaves all questions of fact and
law to the Court.
"20"
15. The Defendant denies the allegations contained in paragraph numbered
"40th n
except that in and about November, 2016, the Board of Directors of
advised the Defendants itwould not approve the proposed sale to Plaintiff
Sale"
pursuant to the "October 11, 2016 Contract of and otherwise leaves all
questions of fact and law to the Court.
"21"
16. The Defendant denies the allegations contaiñêd in paragraph numbered
"40th Street"
except that in and about November, 2016, the Board of Directors of
advised the Defendants itwould not approve the proposed sale to Plaintiff
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Sale"
pursuant to the "October I1, 2016 Contract of and further state that Plaintiff
failed to comply with the terms and conditions of the "October 11, 2016 Contract
Sale"
of otherwise leave all questions and law to the Court.
17. The Defendant denies knowledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "22", except that in and about
December, 2016, Plaintiff sent a letter requesting the return of the "Escrow
Deposit" Sale"
pursuant to the "October 11, 2016 Contract of and otherwise
leaves all questions of fact and law to the Court.
"26"
18. The Defendant denies allegations contained in paragraphs numbered "23",
and "27", except that due to Plaintiff's willful breach of the terms and conditions
of the "October 11, 2016 Contract of Sale", he isnot entitled to the return of the
Deposit"
"Escrow and otherwise leaves all questions of fact and law to the Court.
"29"
19. The Defendant denies allegations contained in paragraphs numbered "28",
"30"
and except that Plaintiff acted in bad faith and made false representations of
material fact, and otherwise willfully breach the terms and conditions of the
"October 11, 2016 Contract of Sale", he isnot entitled to the return of the
Deposit"
"Escrow and otherwise leaves all questions of fact and law to the Court.
ANSWERING PLAINTIFF'S SECOND CAUSE OF ACTION
"1" "8" "10" "30"
20. The Defendant repeats and realleges his answers to ¶¶ to and to
of the Amended Complaint as if more fully stated herein.
"32"
21. The Defmht denies the allegations contained in paragraphs numbered and
"33", except that due to Plaintiff's willful breach of the terms and conditions of
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the "October 11, 2016 Contract of Sale", he isnot entitled to the return of the
Deposit"
"Escrow and otherwise leaves allquestions of fact and law to the Court.
ANSWERING PLAINTIFF'S THIRD CAUSE OF ACTION
"1" "10" "30"
22. The Defendant repeats and realleges his answers to ¶¶ to "8", to
"32" "33"
and to of the Amended Complaint as if more fully stated herein.
23. The Defendant denies kñowledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "35", except upon information
and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff tendered
Deposit" "1.12.1"
the "Escrow pursuant to provision of the "October 11, 2016
Sale"
Contract of to the Defendant herein, and otherwise leaves allquestions of
fact and law to the Court.
24. The Defêñdañt denies the allegations contained in paragraph numbered "36",
Deposit"
except that Plaintiff is not entitled to the return of the "Escrow due to his
willful breach of the terms and conditieñs of the "October 11, 2016 Contract of
Sale"
and otherwise leave all questions of fact and law to the Court.
25. The Defendant denies kñówledge or information sufficient to form a belief as to
the allegations contained in paragraph numbered "38", except that the escrow may
be released by judgmcñ‡, court order or stipulation of the parties, and otherwise
leave all questions of fact and law to the Court.
26. The Defendant denies the allegations coñtaiñéd in paragraphs numbered "39",
"40"
and "41", and specifically deny they have breached their obligations under
Sale"
the "October 11, 2016 Contract of and that pursuant to those terms, Plaintiff
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Deposit"
is obligated to pay the Plaintiffs the "Escrow and otherwise leaves all
questions of fact and law to the Court.
ANSWERING PLAINTIFF'S FOURTH CAUSE OF ACTION
"1" "10"
27. The Defendant repeats and realleges his answers to ¶¶ to "8", to "30",
"32" "33" "35" "41"
to and to of the Amended Complaint as if more fully stated
herein.
"43"
28. The Defendant denies the allegations contained in paragraph numbered and
states that Plaintiff is without steading to request the placement of the "Escrow
Deposition"
in any location except as otherwise provided in the "October I1,
Sale"
2016 Contract of and otherwise leaves all questions of fact and law to the
Court.
ANSWERING PLAINTIFF'S FIFTH CAUSE OF ACTION
"1" "10"
29. The Defendañt repeats and realleges his assivers to ¶¶ to "8", to "30",
"32" "35" "41" "43"
to "33", to and of the Amended Complaint as if more fully
stated herein.
30. The Defendant denies the allegations contained in paragraphs numbered "46",
"48"
"47", and "49", except upon information and belief, pursuant to the "October
11, 2016 Contract of Sale", Defendant has acted properly in allrespects due to
Plaintiff's breach of the terms, conditicñs and obligations of the "October 11,
Sale"
2016 Contract of and otherwise leaves all questions of fact and law to the
Court.
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ANSWERING PLAINTIFF'S SIXTH CAUSE OF ACTION
"l" "10"
31. The Defendant repeats and realleges his answers to to "8", to "30",
¶¶
"32" "43" "45" "49"
to "33", "35", "41", and to of the Amended Complaint as if
more fully stated herein.
32. The Defendant specifically denies each and every allegatioñ contained in
"52" "53"
paragraphs numbered and and affirmatively state they have acted
properly and in good faith and that Plaintiff has materially breached his
Sale"
obligations provided in the "October 11, 2016 Contract of and has made
false statements regarding material facts in order to induce and otherwise deceive
the Defeñdañts, and damage to the Defendants, otherwise
thereby injuring causing
leaves allquestions of fact and law to the Court.
ANSWERING PLAINTIFF'S SEVENTH CAUSE O-F ACTION
"1" "10"
33. The Defendant repeats and realleges their answers to ¶¶ to "8", to "30",
"32" "45" "49" "51" "53"
to "33", "35", "41", "43", to and to of the Amended
Complaint as if more fully stated herein.
34. The Defendant specifically denies each and every allegation contained in
"56" "57"
paragraphs numbered "55", and and affirmatively state the "Bill of
Sale" Sale"
is an integrated part of the "October 11, 2016 Contract of and Plaintiff
has made false stateñieñts regarding material facts in order to induce and
otherwise deceive the Defendants, thereby injuring and causing damage to the
Sale."
Deféñdañts and voiding the "Bill of The Defendants further affirmatively
state that notwithstãnding the foregoing, Plaintiff was told and directed to remove
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and take the goods, Plaintiff failed and refused to take the goods and otherwise
leave all questions of fact and law to the Court.
35. The Defendant specifically denies each and every allegation conteiñed in
"60" "61"
paragraphs nurñbered "58", "59", and and affirmatively state Plaintiff
failed to complied all the terms and conditions necessary and pertinent to the "Bill
of Sale", which is an integrated part of, and contingent upon Plaintiff's complete
performance of the "October 11, 2016 Contract of Sale", and that Plaintiff has
otherwise made false statements regarding material facts in order to induce and
otherwise deceive the Defendants, thereby injuring and causing damage to the
Defendants and voiding the "Bill of Sale. The Defendants further affirmatively
state that the foregoing, Plaintiff was told and directed to remove
notwithsteñding
and take the goods, Plaintiff failed and refused to take the goods and otherwise
leaves all questions of fact and law to the Court.
ANSWERING PLAINTIFF'S EIGHT CAUSE OF ACTION
"1" "10"
36. The Defendant repeats and realleges his answers to ¶¶ to "8", to "30",
"32" "45" "51" "53" "55" "61"
to "33", "35", "41", "43", to "49", to and to of the
Amended Complaint as if more fully stated herein.
37. The Defendant specifically denies each and every allegation contaiñed in
"63" "64" Sale"
paragraphs numbered and and affirmatively state the "Bill of is
Sale"
an integrated part of the "October 11, 2016 Contract of and Plaintiff has
made false statements regarding material facts in order to induce and otherwise
deceive the Defendants, thereby injuring and causing damage to the Defendants
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Sale,"
and voiding the "Bill of otherwise leaves all questions of fact and law to the
Court.
DEFENDANT'S FIRST AFFIRMATIVE DEFENSE
38. Plaintiff fails to state a claim upon which relief can be granted.
DEFENDANT'S SECOND AFFIRMATIVE DEFENSE
39. Plaintiff's claims are barred by unclean hands.
DEFENDANT'S THIRD AFFIRMATIVE DEFENSE
40. Plaintiff's claims are barred by willful statements of material fact.
DEFENDANT'S FOURTH AFFIRMATIVE DEFENSE
Sale"
41. Plaintiff's claims as to the "Bill of are barred by the Statute of Frauds.
DEFENDANT'S FIFTH AFFIRMATIVE DEFENSE
42. Plaintiff is without standing to request a change of location for deposit for the
Deposit."
"Escrow
DEFENDANT'S SIXTH AFFIRMATIVE DEFENSE
43. Plaintiff has failed to mitigate his damages, and this Defendant is entitled to a
reduction of any claim Plaintiff may have due to his failure to so mitigate.
DEFENDANT'S SEVENTH AFFIRMATIVE DEFENSE
44. Any claim Plaintiff have is due to his own negligence, and this Defendant is
may
entitled to a reduction of any claim Plaintiff may have due to Plaintiff's
negligence.
WHEREFORE, the Defendant, Abbe Kadish, demand a judgment dismissing Plaintiff's
complaint as well as such other and further relief as this Court may deem just and proper.
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Dated: New York, N.Y.
July 9, 2019
Yours, etc.
ABBE L. KADISH, ESQ.
By: Abbe L. Kadish, Esq.
Defendant Pro Se
225 - Suite 2008
Broadway
New York, N.Y. 10007
Tel. No. 212.682.6688
TO: MARC S. BRESKY, ESQ.
Attorney for Plaintiff
91-31 New York Boulevard - Suite 520
'
Elmhurst, N.Y. 11373
MATTHEW A. KAUFMAN, ESQ.
Attorney for Defeñdañts Mutsuo Yâsüumra,
Joy Greene Yasumura and
Muts & Joy & Inc. s/h/a Muts & Joy, Inc.,
225 - Suite 1606
Broadway
New York, N.Y. 10007
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VERIFICATION
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
I,ABBE L. KADISH, does affirm and state under penalty of perjury and say:
I am a Defeñdañt in the within action, am over 18 years of age; I have read the foregoing
Verified Answer with Affirmative Defenses and know, the contents thereof; and the same is
true to my own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and as to those matters I believe itto be true.
ABBE L. KADISH
Sworn to before me the
of July, 2019
EDWARD RIMLAND
. Notary Public, State of New York
Notary Pubhc No. 02R14760540
Qualified in Nassau County
Commission Expires July 7, 2022
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Index No. 650331/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROYCE OTTO SUN,
Plaintiff.
-against-
MUTSUO YASUMURA, et al.,
Defendants.
VERIFIED ANSWER TO
AMENDED COMPLAINT
WITH AFFIRMATIVE DEFENSES
LAW OFFICE OF ABBE L. KADISH
DEFENDANTPROS/f
225 BROADWAY - SUITE 2008
NEW YORK, NEW YORK 10007
TEL. No. (212) 682-6688
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Preview
FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - ----------------------- - -- - - - -- -X ROYCE OTTO SUN, VERIFIED ANSWER WITH Plaintiff, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS -against- Index No. 650331/17 JOY GREENE YASUMURA, individually and as Executor of the Estate of MUTSUO YASUMURA, ABBE KADISH, and MUTS & JOY, INC., Defendants. - --------------------------------X The Defendant, Abbe L. Kadish, s/h/a Abbe Kadish, pro se, does state and say as and for his Verified Answer with Affirmative Defenses to Plaintiff's Verified Amended Complaint as follows: ANSWERING PLAINTIFF'S COMPLAINT 1. The Defeñdañt denies knowledge or information sufficient to form a belief as to "1" the allegations contained in paragraph numbered and otherwise leaves all questions of fact and law to the Court. "4" 2. The Defendants denies the allegations contained in paragraph ñümbered except the Defendant Muts & Joy & Inc. s/h/a Muts & Joy, Inc. [herciñafter, "M&J"] is a domestic corporation doing business in the State of New York. "5" 3. The Defendant denies the allegations contained in paragraph numbered except Mutsuo Yasumura [hereinafter "M.Yasumura"] and Joy Greene Yasumura [hereinafter, "J.G. Yasumura"] were the exclusive owner of shares of stock with -1- 1 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 "1A" "lK" "40th leases assigned and issued to Units and in a the entity known as Street Tenants Corporation", a domestic corporation formed pursuant to the New York Cooperative Corporations Law, with its principal place of business in the "40th County of New York, City and State of New York [hereiñafter referred to as Street"], and otherwise leaves all questions of fact and law to the Court. 4. The Defendant denies knowledge or information sufficient to form a belief as to "7" "8" the allegations contained in paragraphs numbered and and otherwise leaves allquestions of fact and law to the Court. ANSWERING PLAINTIFF'S FIRST CAUSE OF ACTION "l" "8" 5. The Defendañt repeats and realleges his answers to ¶¶ to of the Ameñded Complaint as if more fully stated herein. "10" 6. The Defendant denies the allegations of paragraph numbered except admits Yasumura" "M&J" Plaintiff and Defendants "M.Yasumura","J.G. and entered into a contract regarding the sale of their shares of stock and interest in two "lA" "lK" 40th separate units, and of Street Tenants Corporation, along with other ancillary items, pursuant to specific conditions, in the amount of $2,500,000.00 [hereinafter referred to as the "October 11, 2016 Contract of Sale"] and otherwise leaves all questions of fact and law to the Court. 7. The Defendants deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "11", except upon information and belief, Abbe Kadish did sign the "October 11, 2016 Contract of Sale". -2- 2 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 8. The Defendant denies kñowledge or information sufficient to form a belief as to the allegations contained in paragraph ñümbered "12", except upon information and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff tendered $250,000.00 as a deposit [hereinafter referred to as the "Escrow Deposit"] "1.12.1" Sale," pursuant to provision of the "October 11, 2016 Contract of and otherwise leaves allquestions of fact and law to the Court. 9. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contaiñéd in paragraph numbered "13", except upon information Deposit" and belief, this Defendant placed the "Escrow in an account pursuant to Sale" the provisions of the "October 11, 2016 Contract of and otherwise leaves all questions of fact and law to the Court. 10. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "14", except upon information and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff was "40th required to properly and timely submit an application to the "40th Street" Cooperative Corporation and obtain the approval of the Cooperative Corporation and otherwise leaves all questions of fact and law to the Court. 11. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "15", and otherwise leave all questions and law to the Court, including the interpretation and terms of the "October 11, 2016 Contract of Sale". -3- 3 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 12. The Defendant Admits the allegations contained in paragraph numbered "16", and otherwise leave all questions and law to the Court, includiñg the interpretation and terms of the "October 11, 2016 Contract of Sale". 13. The Defendant denies the allegations contained in paragraph numbered "17", and affirmatively state that Plaintiff has failed to properly act in good faith, and has otherwise fail to disclose material facts and otherwise comply the with the terms Sale" and conditions of the "October 11, 2016 Contract of and otherwise leaves all questions of fact and law to the Court. 14. The Defendant denies knowledge or information sufficient to form a belief as to "18" the allegations contained in paragraphs numbered and "19", except that in "40'h Street" and about November, 2016, the Board of Directors of advised Plaintiff that itwould not approve the proposed sale to Plaintiff pursuant to the Sale" "October 11, 2016 Contract of and otherwise leaves all questions of fact and law to the Court. "20" 15. The Defendant denies the allegations contained in paragraph numbered "40th n except that in and about November, 2016, the Board of Directors of advised the Defendants itwould not approve the proposed sale to Plaintiff Sale" pursuant to the "October 11, 2016 Contract of and otherwise leaves all questions of fact and law to the Court. "21" 16. The Defendant denies the allegations contaiñêd in paragraph numbered "40th Street" except that in and about November, 2016, the Board of Directors of advised the Defendants itwould not approve the proposed sale to Plaintiff -4- 4 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 Sale" pursuant to the "October I1, 2016 Contract of and further state that Plaintiff failed to comply with the terms and conditions of the "October 11, 2016 Contract Sale" of otherwise leave all questions and law to the Court. 17. The Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "22", except that in and about December, 2016, Plaintiff sent a letter requesting the return of the "Escrow Deposit" Sale" pursuant to the "October 11, 2016 Contract of and otherwise leaves all questions of fact and law to the Court. "26" 18. The Defendant denies allegations contained in paragraphs numbered "23", and "27", except that due to Plaintiff's willful breach of the terms and conditions of the "October 11, 2016 Contract of Sale", he isnot entitled to the return of the Deposit" "Escrow and otherwise leaves all questions of fact and law to the Court. "29" 19. The Defendant denies allegations contained in paragraphs numbered "28", "30" and except that Plaintiff acted in bad faith and made false representations of material fact, and otherwise willfully breach the terms and conditions of the "October 11, 2016 Contract of Sale", he isnot entitled to the return of the Deposit" "Escrow and otherwise leaves all questions of fact and law to the Court. ANSWERING PLAINTIFF'S SECOND CAUSE OF ACTION "1" "8" "10" "30" 20. The Defendant repeats and realleges his answers to ¶¶ to and to of the Amended Complaint as if more fully stated herein. "32" 21. The Defmht denies the allegations contained in paragraphs numbered and "33", except that due to Plaintiff's willful breach of the terms and conditions of -5- 5 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 the "October 11, 2016 Contract of Sale", he isnot entitled to the return of the Deposit" "Escrow and otherwise leaves allquestions of fact and law to the Court. ANSWERING PLAINTIFF'S THIRD CAUSE OF ACTION "1" "10" "30" 22. The Defendant repeats and realleges his answers to ¶¶ to "8", to "32" "33" and to of the Amended Complaint as if more fully stated herein. 23. The Defendant denies kñowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "35", except upon information and belief, pursuant to the "October 11, 2016 Contract of Sale", Plaintiff tendered Deposit" "1.12.1" the "Escrow pursuant to provision of the "October 11, 2016 Sale" Contract of to the Defendant herein, and otherwise leaves allquestions of fact and law to the Court. 24. The Defêñdañt denies the allegations contained in paragraph numbered "36", Deposit" except that Plaintiff is not entitled to the return of the "Escrow due to his willful breach of the terms and conditieñs of the "October 11, 2016 Contract of Sale" and otherwise leave all questions of fact and law to the Court. 25. The Defendant denies kñówledge or information sufficient to form a belief as to the allegations contained in paragraph numbered "38", except that the escrow may be released by judgmcñ‡, court order or stipulation of the parties, and otherwise leave all questions of fact and law to the Court. 26. The Defendant denies the allegations coñtaiñéd in paragraphs numbered "39", "40" and "41", and specifically deny they have breached their obligations under Sale" the "October 11, 2016 Contract of and that pursuant to those terms, Plaintiff -6- 6 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 Deposit" is obligated to pay the Plaintiffs the "Escrow and otherwise leaves all questions of fact and law to the Court. ANSWERING PLAINTIFF'S FOURTH CAUSE OF ACTION "1" "10" 27. The Defendant repeats and realleges his answers to ¶¶ to "8", to "30", "32" "33" "35" "41" to and to of the Amended Complaint as if more fully stated herein. "43" 28. The Defendant denies the allegations contained in paragraph numbered and states that Plaintiff is without steading to request the placement of the "Escrow Deposition" in any location except as otherwise provided in the "October I1, Sale" 2016 Contract of and otherwise leaves all questions of fact and law to the Court. ANSWERING PLAINTIFF'S FIFTH CAUSE OF ACTION "1" "10" 29. The Defendañt repeats and realleges his assivers to ¶¶ to "8", to "30", "32" "35" "41" "43" to "33", to and of the Amended Complaint as if more fully stated herein. 30. The Defendant denies the allegations contained in paragraphs numbered "46", "48" "47", and "49", except upon information and belief, pursuant to the "October 11, 2016 Contract of Sale", Defendant has acted properly in allrespects due to Plaintiff's breach of the terms, conditicñs and obligations of the "October 11, Sale" 2016 Contract of and otherwise leaves all questions of fact and law to the Court. -7- 7 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 ANSWERING PLAINTIFF'S SIXTH CAUSE OF ACTION "l" "10" 31. The Defendant repeats and realleges his answers to to "8", to "30", ¶¶ "32" "43" "45" "49" to "33", "35", "41", and to of the Amended Complaint as if more fully stated herein. 32. The Defendant specifically denies each and every allegatioñ contained in "52" "53" paragraphs numbered and and affirmatively state they have acted properly and in good faith and that Plaintiff has materially breached his Sale" obligations provided in the "October 11, 2016 Contract of and has made false statements regarding material facts in order to induce and otherwise deceive the Defeñdañts, and damage to the Defendants, otherwise thereby injuring causing leaves allquestions of fact and law to the Court. ANSWERING PLAINTIFF'S SEVENTH CAUSE O-F ACTION "1" "10" 33. The Defendant repeats and realleges their answers to ¶¶ to "8", to "30", "32" "45" "49" "51" "53" to "33", "35", "41", "43", to and to of the Amended Complaint as if more fully stated herein. 34. The Defendant specifically denies each and every allegation contained in "56" "57" paragraphs numbered "55", and and affirmatively state the "Bill of Sale" Sale" is an integrated part of the "October 11, 2016 Contract of and Plaintiff has made false stateñieñts regarding material facts in order to induce and otherwise deceive the Defendants, thereby injuring and causing damage to the Sale." Deféñdañts and voiding the "Bill of The Defendants further affirmatively state that notwithstãnding the foregoing, Plaintiff was told and directed to remove -8- 8 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 and take the goods, Plaintiff failed and refused to take the goods and otherwise leave all questions of fact and law to the Court. 35. The Defendant specifically denies each and every allegation conteiñed in "60" "61" paragraphs nurñbered "58", "59", and and affirmatively state Plaintiff failed to complied all the terms and conditions necessary and pertinent to the "Bill of Sale", which is an integrated part of, and contingent upon Plaintiff's complete performance of the "October 11, 2016 Contract of Sale", and that Plaintiff has otherwise made false statements regarding material facts in order to induce and otherwise deceive the Defendants, thereby injuring and causing damage to the Defendants and voiding the "Bill of Sale. The Defendants further affirmatively state that the foregoing, Plaintiff was told and directed to remove notwithsteñding and take the goods, Plaintiff failed and refused to take the goods and otherwise leaves all questions of fact and law to the Court. ANSWERING PLAINTIFF'S EIGHT CAUSE OF ACTION "1" "10" 36. The Defendant repeats and realleges his answers to ¶¶ to "8", to "30", "32" "45" "51" "53" "55" "61" to "33", "35", "41", "43", to "49", to and to of the Amended Complaint as if more fully stated herein. 37. The Defendant specifically denies each and every allegation contaiñed in "63" "64" Sale" paragraphs numbered and and affirmatively state the "Bill of is Sale" an integrated part of the "October 11, 2016 Contract of and Plaintiff has made false statements regarding material facts in order to induce and otherwise deceive the Defendants, thereby injuring and causing damage to the Defendants -9- 9 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 Sale," and voiding the "Bill of otherwise leaves all questions of fact and law to the Court. DEFENDANT'S FIRST AFFIRMATIVE DEFENSE 38. Plaintiff fails to state a claim upon which relief can be granted. DEFENDANT'S SECOND AFFIRMATIVE DEFENSE 39. Plaintiff's claims are barred by unclean hands. DEFENDANT'S THIRD AFFIRMATIVE DEFENSE 40. Plaintiff's claims are barred by willful statements of material fact. DEFENDANT'S FOURTH AFFIRMATIVE DEFENSE Sale" 41. Plaintiff's claims as to the "Bill of are barred by the Statute of Frauds. DEFENDANT'S FIFTH AFFIRMATIVE DEFENSE 42. Plaintiff is without standing to request a change of location for deposit for the Deposit." "Escrow DEFENDANT'S SIXTH AFFIRMATIVE DEFENSE 43. Plaintiff has failed to mitigate his damages, and this Defendant is entitled to a reduction of any claim Plaintiff may have due to his failure to so mitigate. DEFENDANT'S SEVENTH AFFIRMATIVE DEFENSE 44. Any claim Plaintiff have is due to his own negligence, and this Defendant is may entitled to a reduction of any claim Plaintiff may have due to Plaintiff's negligence. WHEREFORE, the Defendant, Abbe Kadish, demand a judgment dismissing Plaintiff's complaint as well as such other and further relief as this Court may deem just and proper. -10- 10 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 Dated: New York, N.Y. July 9, 2019 Yours, etc. ABBE L. KADISH, ESQ. By: Abbe L. Kadish, Esq. Defendant Pro Se 225 - Suite 2008 Broadway New York, N.Y. 10007 Tel. No. 212.682.6688 TO: MARC S. BRESKY, ESQ. Attorney for Plaintiff 91-31 New York Boulevard - Suite 520 ' Elmhurst, N.Y. 11373 MATTHEW A. KAUFMAN, ESQ. Attorney for Defeñdañts Mutsuo Yâsüumra, Joy Greene Yasumura and Muts & Joy & Inc. s/h/a Muts & Joy, Inc., 225 - Suite 1606 Broadway New York, N.Y. 10007 -11- 11 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 VERIFICATION STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) I,ABBE L. KADISH, does affirm and state under penalty of perjury and say: I am a Defeñdañt in the within action, am over 18 years of age; I have read the foregoing Verified Answer with Affirmative Defenses and know, the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe itto be true. ABBE L. KADISH Sworn to before me the of July, 2019 EDWARD RIMLAND . Notary Public, State of New York Notary Pubhc No. 02R14760540 Qualified in Nassau County Commission Expires July 7, 2022 12 of 13 FILED: NEW YORK COUNTY CLERK 07/09/2019 03:59 PM INDEX NO. 650331/2017 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 07/09/2019 Index No. 650331/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROYCE OTTO SUN, Plaintiff. -against- MUTSUO YASUMURA, et al., Defendants. VERIFIED ANSWER TO AMENDED COMPLAINT WITH AFFIRMATIVE DEFENSES LAW OFFICE OF ABBE L. KADISH DEFENDANTPROS/f 225 BROADWAY - SUITE 2008 NEW YORK, NEW YORK 10007 TEL. No. (212) 682-6688 13 of 13