Preview
(FILED: KINGS COUNTY CLERK 0171972017 04:17 PM
NYSCEF DOC. NO. 4
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BHRAC-AC, LLC,
Plaintiff,
~against-
KEVIN COOKE, RICKY HOLMS, STEVEN VICTOR,
FOR MY OWN ENTERTAINMENT LLC and
SIDNEY R. SELBY, III,
Defendants,
INDEX NO. 521443/2016
RECEIVED NYSCEF:
VERIFIED ANSWER
AND COUNTERCLAIMS
Index No.: 521443/2016
Defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and
SIDNEY R. SELBY, IL, by their attorney, LAWRENCE M. GORDON, ATTORNEY AT LAW, P.C., as
and for their answer to plaintiffs Complaint, upon information and belief, states as follows:
1, Denies Paragraphs 1, 20 through 24, 26, 31, 33 through 39, 40, and 42 through 46 of the
Complaint.
2. Denies having any knowledge or information sufficient to form a belief as to the trath of
allegations contained in Paragraphs 2, 3, 4, 11, 13, 14, 15, 16, 18, 19, 25,
Complaint.
27, 28 31 and 32 of the
3. Neither admit nor deny each and every allegation contained in Paragraphs 29, 30 and 41 of
the Complaint, and respectfully refer all conclusions of law and issues of
fact to the Trial Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, IIT
4, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 3, as if set forth in full herein.
5. The Complaint fails to state a Cause of Action upon which relief may be granted.
lof 9
01/19/2017AS AND FOR A SECOND AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS.
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R, SELBY, IIT
6. Defendants herein repeat, reiterate and reallege each and every allegation designated in
Paragraphs 1 through 5, as if set forth in full herein.
7. The Court should not proceed in the absence of a person or entity who should be a party to
this action.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, III
8. Defendants herein repeat, reiterate and reallege each and every allegation designated in
Paragraphs 1 through 7, as if set forth in full herein.
9. That if the plaintiff recovers herein against two or more tort-feasors jointly liable and/or if the
culpable conduct of any person not a party to this action is considered in determining any equitable share
herein, and ifthe answering defendant’s liability is Fifty (0%) percent or less, of the total liability assigned,
then the answering defendants’ liability for noneconomic loss shall not exceed the equitable share as
determined by the answering defendants’ percentage of liability for noneconomic loss pursuant to Civil
Practice Law and Rules Article 16.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, I
10. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 9, as if set forth in full herein.
11. That the occurrence was caused and/or contributed to by the negligence of the plaintiff
herein, and the damages which it is entitled to are diminished by the amount of its negligence, which
contributed to the occurrence.
2 0f 9AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, IIT
12, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 11, as if set forth in full herein.
13. That any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff,
including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of
the answering defendants.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, I]
14. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 13, as if set forth in full herein.
15. Upon information and belief, any past or future costs or expenses incurred or to be incurred by
the plaintiff for property damage, loss of earnings or other economic loss, has been or will be with
reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in
Section 4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, I
16. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 15, as if set forth in full herein,
17. That the causes of action herein as against defendants are barred by the Statute of Frauds.
3 0f 9AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, IID
18. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 17, as if set forth in full herein.
19. That there is no privity of contract by and between plaintiff and the appearing defendants.
AS AND FOR A FIRST COUNTERCLAIM
FOR BREACH OF CONTRACT
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, III
20. On May 31, 2016, upon information and belief, the renter of the vehicle in question entered
into a written agreement with plaintiff, to provide certain insurance coverage pertaining to the vehicle
herein, for good and valuable consideration.
21, That said insurance coverage included:
a) Supplemental Liability Insurance;
b) Renter’s Liability Protection; and
c) Personal Accident and Effects.
22. That said insurance coverage was issued to “all owned vehicles” owned by plaintiff, and
underwritten by Empire Fire and Marine Insurance Company, under Policy Number RSFO118247.
23, That as a result of the Rental Agreement entered into by and between plaintiff and the renter,
plaintiff covenanted that it would perform all of its obligations under the Rental Agreement.
24. The plaintiff has failed to perform its obligations under the Rental Agreement, in that:
i) It failed to place the insurance coverage set forth in the rental agreement with its
insurance carrier;
ii) It failed to process the insurance claims arising out of the property damage occurrence
herein; and
iti) It failed to provide the renter and those acting by and through defendants with the
insurance coverage provided in the Rental Agreement.
40f 9
i
i
|
i
i
i25. The defendants herein relied upon plaintiff to perform its obligations under the Agreement, and
provide the insurance coverage set forth in the Rental Agreement.
26. In consequence of plaintiff failing to provide defendants herein with insurance coverage
provided in the rental agreement, plaintiff is in breach of the Rental Agreement.
27. Asa result of plaintiff's breach of contract, the defendants herein have not been provided.
with the indemnity that the insurance coverage would have provided, if plaintiff properly performed its
obligations under the rental agreement.
28. By reason of the foregoing breach of contract, the defendants herein have suffered damages
in an amount to be determined at trial.
AS AND FOR A SECOND COUNTERCLAIM
FOR DECLARATORY JUDGMENT
AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS,
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, II
29, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1
through 28, as if set forth in full herein. *
30. That, by virtue of the plaintiff's conduct herein, said defendants are entitled to a Declaratory
Judgment, setting forth the rights and obligations amongst all parties in the within action, and in favor of
the aforesaid defendants.
AS AND FOR A THIRD COUNTERCLAIM AND SETOFF
FOR UNJUST ENRICHMENT AND MONIES HAD AND RECEIVED
AGANST PLAINTIFF AND IN FAVOR OF DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, II
31. Defendants herein repeat, reiterate and reallege each and every allegation designated in
Paragraphs 1 through 30, as if set forth in full herein.
32. That, pursuant to the rental agreement herein, plaintiff requested a deposit of Ten Thousand
($10,000.00) dollars, processed by credit card and duly paid to plaintiff.
33. That plaintiff has retained said monies and converted same to its own use,
5 of 934. That, as a result of retention of said funds, defendants have been damaged in the sum of Ten
Thousand ($10,000.00) dollars, plus interest, from May 31", 2016 as a Counterclaim and/or Setoff.
WHEREFORE, defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND
SIDNEY R. SELBY, II, respectfully demand judgment in this action, as follows:
Dated:
TO:
a) As and for its First Counterclaim, for a Money Judgment in an amount to be determined at trial,
in favor of defendants and against plaintiff;
b) As and for its Second Counterclaim, for Declaratory Judgment in favor of defendants and
against plaintiff;
c) As and for its Third Counterclaim and/or Setoff for a Money Judgment in the amount of TEN
THOUSAND ($10,000.00) DOLLARS, in favor of defendants and against plaintiff;
d) For interest on the aforesaid Counterclaims, from May 31, 2016 to present; and
e) Judgment dismissing the Complaint herein, including the costs and disbursements of this
action, together with such other and further relief as this Court-mayydeem just, proper and
equitable.
Garden City, New York
January 18, 2017
a
SIDNEY R. SELBY, III
300 Garden City Plaza, Suite 450
Garden City, New York 11530
(516) 333-5000 (516) 333-3260 fax
RICHARD C, SCHOENSTEIN, ESQ.
JONATHAN E, TEMCHIN, ESQ.
Attorneys for Plaintiff
1350 Broadway
New York, New York 10018
(212) 216-8000
Co-Defendants” Addresses:
KEVIN COOKE
[ADDRESS UNKNOWN]
RICKY HOLMS
[ADDRESS UNKNOWN]
6 of 9ATTORNEY VERIFICATION
State of New York, County of Nassau} ss.:
The undersigned, an attorney duly admitted to practice law in the Courts of the State of New York,
states, that the affirmant is the sole member of the law firm of LAWRENCE M. GORDON, ATTORNEY AT
LAW, P.C., Attorney for the defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and
SIDNEY R. SELBY, III, in the within action, and as such, am fully familiar with the facts and circumstances
in the within action.
T have read the foregoing ANSWER AND COUNTERCLAIMS and know the contents thereof to be
true to my knowledge, except those matters therein stated to be alleged upon information and belief, and
that as to those matters I believe them to be true.
The reason
his Verification is made by affirmant and not by defendants is because the defendants
reside outside the County wherein affirmant maintains a law office, and that the source of affirmant’s
knowledge and the grounds of belief as to those matters therein stated to be alleged on information and
belief are correspon
lence and investigations which bave been made concerning the subject matter in this
action, and are in the possession of said attorney.
The undersigned affirms that the foregoing statement Weve, up fer the penalties of perjury.
Dated: Garden City, New York
January 18, 2017
7 of 9AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NASSAU )ss.:
Katherine Schulz, being duly sworn, deposes and says:
Deponent is not a party to the action, is over eighteen (18) years of age and resides in Nassau County,
New York.
On January (4. 2017, deponent served the within VERIFIED ANSWER by depositing a true copy
thereof enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care of
the United States Postal Service within the State of New York, addressed to each of the following person(s) at
the last known address set forth after each name:
RICHARD C. SCHOENSTEIN, ESQ.
JONATHAN E. TEMCHIN, ESQ.
Attorneys for Plaintiff
1350 Broadway
New York, New York 10018
Syein to before me this
day of January, 2047.
Notary Puhtic, State of New York
No, 02604517484
‘Qualified in Naseau County
Commission Expires May 31,2019
8 of 9SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No: 521443/2016
BHRAC-AC, LLC,
Plaintifi(s),
-against-
KEVIN COOKE, RICKY HOLMS, STEVEN VICTOR,
FOR MY OWN ENTERTAINMENT LLC and
SIDNEY R. SELBY, UL,
Defendant(s).
VERIFIED ANSWER
LAWRENCE M. GORDON, ATTORNEY AT LAw, P.C,
ATTORNEY(S) FOR DEFENDANTS
STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R, SELBY II
300 GARDEN CITY PLAZA - SUITE 450
GARDEN CiTy, NY 11530
Tel.:(516) 333-5000
Fax: (516) 333-3260
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitied-to practice in the ¢ourts of New York,
certifies that, pon information and belief and reasonable ing jry7the contentions congjned in the annexed document
are not frivolous.
Hy
Dated:
eeNamic/Lawrence M. Gordon.
Service of a copy of the within
Dated,
Attorney(s) for
SIR; PLEASE TAKE NOTICE
NOTICE OF that the within is a (certified) true copy of a entered in the office of the clerk of
ENTRY the within named Court on
NOTICE OF that an Order of which the within is a true copy will be presented for settlement to the
SETTLEMENT one of the judges of the within named Court, at
on ; at 9:30 a.m.
Dated: Yours, etc.,
LAWRENCE M. GORDON, Attorney at Law, P.C.
Attorneys for
300 Garden City Plaza, Suite 450
Garden City, NY 11530
Tel.: (516) 333-5000
Fax: (516) 333-3260
9 of 9
Preview
(FILED: KINGS COUNTY CLERK 0171972017 04:17 PM NYSCEF DOC. NO. 4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BHRAC-AC, LLC, Plaintiff, ~against- KEVIN COOKE, RICKY HOLMS, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and SIDNEY R. SELBY, III, Defendants, INDEX NO. 521443/2016 RECEIVED NYSCEF: VERIFIED ANSWER AND COUNTERCLAIMS Index No.: 521443/2016 Defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and SIDNEY R. SELBY, IL, by their attorney, LAWRENCE M. GORDON, ATTORNEY AT LAW, P.C., as and for their answer to plaintiffs Complaint, upon information and belief, states as follows: 1, Denies Paragraphs 1, 20 through 24, 26, 31, 33 through 39, 40, and 42 through 46 of the Complaint. 2. Denies having any knowledge or information sufficient to form a belief as to the trath of allegations contained in Paragraphs 2, 3, 4, 11, 13, 14, 15, 16, 18, 19, 25, Complaint. 27, 28 31 and 32 of the 3. Neither admit nor deny each and every allegation contained in Paragraphs 29, 30 and 41 of the Complaint, and respectfully refer all conclusions of law and issues of fact to the Trial Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, IIT 4, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 3, as if set forth in full herein. 5. The Complaint fails to state a Cause of Action upon which relief may be granted. lof 9 01/19/2017AS AND FOR A SECOND AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS. STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R, SELBY, IIT 6. Defendants herein repeat, reiterate and reallege each and every allegation designated in Paragraphs 1 through 5, as if set forth in full herein. 7. The Court should not proceed in the absence of a person or entity who should be a party to this action. AS AND FOR A THIRD AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, III 8. Defendants herein repeat, reiterate and reallege each and every allegation designated in Paragraphs 1 through 7, as if set forth in full herein. 9. That if the plaintiff recovers herein against two or more tort-feasors jointly liable and/or if the culpable conduct of any person not a party to this action is considered in determining any equitable share herein, and ifthe answering defendant’s liability is Fifty (0%) percent or less, of the total liability assigned, then the answering defendants’ liability for noneconomic loss shall not exceed the equitable share as determined by the answering defendants’ percentage of liability for noneconomic loss pursuant to Civil Practice Law and Rules Article 16. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, I 10. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 9, as if set forth in full herein. 11. That the occurrence was caused and/or contributed to by the negligence of the plaintiff herein, and the damages which it is entitled to are diminished by the amount of its negligence, which contributed to the occurrence. 2 0f 9AS AND FOR A FIFTH AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, IIT 12, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 11, as if set forth in full herein. 13. That any damages sustained by the plaintiff were caused by the culpable conduct of the plaintiff, including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of the answering defendants. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, I] 14. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 13, as if set forth in full herein. 15. Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for property damage, loss of earnings or other economic loss, has been or will be with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, I 16. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 15, as if set forth in full herein, 17. That the causes of action herein as against defendants are barred by the Statute of Frauds. 3 0f 9AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, IID 18. Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 17, as if set forth in full herein. 19. That there is no privity of contract by and between plaintiff and the appearing defendants. AS AND FOR A FIRST COUNTERCLAIM FOR BREACH OF CONTRACT AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, III 20. On May 31, 2016, upon information and belief, the renter of the vehicle in question entered into a written agreement with plaintiff, to provide certain insurance coverage pertaining to the vehicle herein, for good and valuable consideration. 21, That said insurance coverage included: a) Supplemental Liability Insurance; b) Renter’s Liability Protection; and c) Personal Accident and Effects. 22. That said insurance coverage was issued to “all owned vehicles” owned by plaintiff, and underwritten by Empire Fire and Marine Insurance Company, under Policy Number RSFO118247. 23, That as a result of the Rental Agreement entered into by and between plaintiff and the renter, plaintiff covenanted that it would perform all of its obligations under the Rental Agreement. 24. The plaintiff has failed to perform its obligations under the Rental Agreement, in that: i) It failed to place the insurance coverage set forth in the rental agreement with its insurance carrier; ii) It failed to process the insurance claims arising out of the property damage occurrence herein; and iti) It failed to provide the renter and those acting by and through defendants with the insurance coverage provided in the Rental Agreement. 40f 9 i i | i i i25. The defendants herein relied upon plaintiff to perform its obligations under the Agreement, and provide the insurance coverage set forth in the Rental Agreement. 26. In consequence of plaintiff failing to provide defendants herein with insurance coverage provided in the rental agreement, plaintiff is in breach of the Rental Agreement. 27. Asa result of plaintiff's breach of contract, the defendants herein have not been provided. with the indemnity that the insurance coverage would have provided, if plaintiff properly performed its obligations under the rental agreement. 28. By reason of the foregoing breach of contract, the defendants herein have suffered damages in an amount to be determined at trial. AS AND FOR A SECOND COUNTERCLAIM FOR DECLARATORY JUDGMENT AGAINST PLAINTIFF AND IN FAVOR OF DEFENDANTS, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, II 29, Defendants herein repeat, reiterate and reallege every allegation designated in Paragraphs 1 through 28, as if set forth in full herein. * 30. That, by virtue of the plaintiff's conduct herein, said defendants are entitled to a Declaratory Judgment, setting forth the rights and obligations amongst all parties in the within action, and in favor of the aforesaid defendants. AS AND FOR A THIRD COUNTERCLAIM AND SETOFF FOR UNJUST ENRICHMENT AND MONIES HAD AND RECEIVED AGANST PLAINTIFF AND IN FAVOR OF DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, II 31. Defendants herein repeat, reiterate and reallege each and every allegation designated in Paragraphs 1 through 30, as if set forth in full herein. 32. That, pursuant to the rental agreement herein, plaintiff requested a deposit of Ten Thousand ($10,000.00) dollars, processed by credit card and duly paid to plaintiff. 33. That plaintiff has retained said monies and converted same to its own use, 5 of 934. That, as a result of retention of said funds, defendants have been damaged in the sum of Ten Thousand ($10,000.00) dollars, plus interest, from May 31", 2016 as a Counterclaim and/or Setoff. WHEREFORE, defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R. SELBY, II, respectfully demand judgment in this action, as follows: Dated: TO: a) As and for its First Counterclaim, for a Money Judgment in an amount to be determined at trial, in favor of defendants and against plaintiff; b) As and for its Second Counterclaim, for Declaratory Judgment in favor of defendants and against plaintiff; c) As and for its Third Counterclaim and/or Setoff for a Money Judgment in the amount of TEN THOUSAND ($10,000.00) DOLLARS, in favor of defendants and against plaintiff; d) For interest on the aforesaid Counterclaims, from May 31, 2016 to present; and e) Judgment dismissing the Complaint herein, including the costs and disbursements of this action, together with such other and further relief as this Court-mayydeem just, proper and equitable. Garden City, New York January 18, 2017 a SIDNEY R. SELBY, III 300 Garden City Plaza, Suite 450 Garden City, New York 11530 (516) 333-5000 (516) 333-3260 fax RICHARD C, SCHOENSTEIN, ESQ. JONATHAN E, TEMCHIN, ESQ. Attorneys for Plaintiff 1350 Broadway New York, New York 10018 (212) 216-8000 Co-Defendants” Addresses: KEVIN COOKE [ADDRESS UNKNOWN] RICKY HOLMS [ADDRESS UNKNOWN] 6 of 9ATTORNEY VERIFICATION State of New York, County of Nassau} ss.: The undersigned, an attorney duly admitted to practice law in the Courts of the State of New York, states, that the affirmant is the sole member of the law firm of LAWRENCE M. GORDON, ATTORNEY AT LAW, P.C., Attorney for the defendants, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and SIDNEY R. SELBY, III, in the within action, and as such, am fully familiar with the facts and circumstances in the within action. T have read the foregoing ANSWER AND COUNTERCLAIMS and know the contents thereof to be true to my knowledge, except those matters therein stated to be alleged upon information and belief, and that as to those matters I believe them to be true. The reason his Verification is made by affirmant and not by defendants is because the defendants reside outside the County wherein affirmant maintains a law office, and that the source of affirmant’s knowledge and the grounds of belief as to those matters therein stated to be alleged on information and belief are correspon lence and investigations which bave been made concerning the subject matter in this action, and are in the possession of said attorney. The undersigned affirms that the foregoing statement Weve, up fer the penalties of perjury. Dated: Garden City, New York January 18, 2017 7 of 9AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NASSAU )ss.: Katherine Schulz, being duly sworn, deposes and says: Deponent is not a party to the action, is over eighteen (18) years of age and resides in Nassau County, New York. On January (4. 2017, deponent served the within VERIFIED ANSWER by depositing a true copy thereof enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care of the United States Postal Service within the State of New York, addressed to each of the following person(s) at the last known address set forth after each name: RICHARD C. SCHOENSTEIN, ESQ. JONATHAN E. TEMCHIN, ESQ. Attorneys for Plaintiff 1350 Broadway New York, New York 10018 Syein to before me this day of January, 2047. Notary Puhtic, State of New York No, 02604517484 ‘Qualified in Naseau County Commission Expires May 31,2019 8 of 9SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No: 521443/2016 BHRAC-AC, LLC, Plaintifi(s), -against- KEVIN COOKE, RICKY HOLMS, STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC and SIDNEY R. SELBY, UL, Defendant(s). VERIFIED ANSWER LAWRENCE M. GORDON, ATTORNEY AT LAw, P.C, ATTORNEY(S) FOR DEFENDANTS STEVEN VICTOR, FOR MY OWN ENTERTAINMENT LLC AND SIDNEY R, SELBY II 300 GARDEN CITY PLAZA - SUITE 450 GARDEN CiTy, NY 11530 Tel.:(516) 333-5000 Fax: (516) 333-3260 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitied-to practice in the ¢ourts of New York, certifies that, pon information and belief and reasonable ing jry7the contentions congjned in the annexed document are not frivolous. Hy Dated: eeNamic/Lawrence M. Gordon. Service of a copy of the within Dated, Attorney(s) for SIR; PLEASE TAKE NOTICE NOTICE OF that the within is a (certified) true copy of a entered in the office of the clerk of ENTRY the within named Court on NOTICE OF that an Order of which the within is a true copy will be presented for settlement to the SETTLEMENT one of the judges of the within named Court, at on ; at 9:30 a.m. Dated: Yours, etc., LAWRENCE M. GORDON, Attorney at Law, P.C. Attorneys for 300 Garden City Plaza, Suite 450 Garden City, NY 11530 Tel.: (516) 333-5000 Fax: (516) 333-3260 9 of 9