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FILED: NEW YORK COUNTY CLERK 12/01/2017 06:12 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/01/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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TROJAN MARITIME INC., : Index No.: 655978/2016
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Plaintiff, : Motion Seq. No. 005
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- against - :
:
:
TPG SIXTH STREET PARTNERS, LLC, f/k/a :
TPG SPECIAL SITUATIONS PARTNERS, LLC :
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Defendant.
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AFFIRMATION OF ATTORNEY ROSANNE E. FELICELLO SUBMITTED IN
SUPPORT OF DEFENDANT TPG SIXTH STREET PARTNERS, LLC'S MOTION
FOR SUMMARY JUDGMENT
I, ROSANNE E. FELICELLO, an attorney duly admitted to practice before the courts of the
State of New York, hereby affirm the following under penalty of perjury:
1. I am a partner at Felicello & Melchionna LLP, counsel for Defendant TPG Sixth Street
Partners, LLC (“Defendant” or “TSSP”) in the above-captioned action.
2. I am fully familiar with the facts and circumstances set forth herein by virtue of my
personal involvement in this action and a review of the case files.
3. I submit this Affirmation, together with accompanying Memorandum of Law, in
support of Defendant TPG Sixth Street Partners, LLC's motion for summary judgment on the
Amended Complaint and Defendant’s Counterclaim pursuant to CPLR 3212 together with such other
and further relief as this Court may deem just and proper.
4. Plaintiff, Trojan Maritime Inc., filed its Complaint on November 15, 2016. Defendant,
TPG Sixth Street Partners, LLC, filed a post Answer Motion to Dismiss the Complaint on March 15,
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NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/01/2017
2017.
5. On April 25, 2017, after an oral hearing, Honorable Eileen A. Rakower, J.S.C, dismissed
three out of four causes of action alleged in the Complaint and granted Plaintiff leave to replead its
fourth cause of action within 45 days consistent with the decision. A true and accurate copy of the
decision of Hon. Eileen A. Rakower, dated April 25, 2017, together with notice of entry and the so-
ordered transcript of the oral hearing are attached hereto as Exhibit A.
6. Attached hereto as Exhibit B is a true and accurate copy of Plaintiff's Amended
Complaint, dated June 9, 2017.
7. Attached hereto as Exhibit C1 is a true and accurate copy of Defendant’s Answer to
the Amended Complaint with the Counterclaim, dated July 10, 2017.
8. Attached hereto as Exhibit C2 isa true and accurate copy of Plaintiff’s Answer to
Counterclaim with Affirmative Defenses, dated July 31, 2017.
9. Attached hereto as Exhibit D is a Statement of Undisputed Material Facts in Support
of Defendant’s Motion for Summary Judgment.
10. The relevant facts and the documents underlying this motion are set forth in and
attached to the accompanying Affidavit of Samuel Ditter, sworn to on November 30, 2017.
11. The relevant facts and the documents underlying this motion are set forth in and
attached to the accompanying Affidavit of Daniel Louis Wanek, sworn to on November 14, 2017.
12. As set forth in the attached Memorandum of Law in further detail at p. 6-10 and hereby
incorporated herein, TSSP is entitled to summary judgment because Plaintiff cannot present any
evidence of breach of contract by TSSP.
13. As set forth in the attached Memorandum of Law in further detail at p. 10-11 and
hereby incorporated herein, TSSP is entitled to summary judgment on its counterclaim because there
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are no genuine triable issues of material fact that Plaintiff and counterclaim defendant owes the
balance of $75,000.
14. No prior application has been made for the relief requested herein.
WHEREFORE, Defendant respectfully request that Defendant's motion for summary
judgment be granted, together with such other and further relief as this Court may deem just and
proper.
Dated: New York, New York
December 1, 2017
_______________________
Rosanne E. Felicello
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FILED: NEW YORK COUNTY CLERK 12/01/2017 06:12 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------- x : TROJAN MARITIME INC., : Index No.: 655978/2016 : Plaintiff, : Motion Seq. No. 005 : - against - : : : TPG SIXTH STREET PARTNERS, LLC, f/k/a : TPG SPECIAL SITUATIONS PARTNERS, LLC : : Defendant. ------------------------------------- x AFFIRMATION OF ATTORNEY ROSANNE E. FELICELLO SUBMITTED IN SUPPORT OF DEFENDANT TPG SIXTH STREET PARTNERS, LLC'S MOTION FOR SUMMARY JUDGMENT I, ROSANNE E. FELICELLO, an attorney duly admitted to practice before the courts of the State of New York, hereby affirm the following under penalty of perjury: 1. I am a partner at Felicello & Melchionna LLP, counsel for Defendant TPG Sixth Street Partners, LLC (“Defendant” or “TSSP”) in the above-captioned action. 2. I am fully familiar with the facts and circumstances set forth herein by virtue of my personal involvement in this action and a review of the case files. 3. I submit this Affirmation, together with accompanying Memorandum of Law, in support of Defendant TPG Sixth Street Partners, LLC's motion for summary judgment on the Amended Complaint and Defendant’s Counterclaim pursuant to CPLR 3212 together with such other and further relief as this Court may deem just and proper. 4. Plaintiff, Trojan Maritime Inc., filed its Complaint on November 15, 2016. Defendant, TPG Sixth Street Partners, LLC, filed a post Answer Motion to Dismiss the Complaint on March 15, 1 1 of 3 FILED: NEW YORK COUNTY CLERK 12/01/2017 06:12 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/01/2017 2017. 5. On April 25, 2017, after an oral hearing, Honorable Eileen A. Rakower, J.S.C, dismissed three out of four causes of action alleged in the Complaint and granted Plaintiff leave to replead its fourth cause of action within 45 days consistent with the decision. A true and accurate copy of the decision of Hon. Eileen A. Rakower, dated April 25, 2017, together with notice of entry and the so- ordered transcript of the oral hearing are attached hereto as Exhibit A. 6. Attached hereto as Exhibit B is a true and accurate copy of Plaintiff's Amended Complaint, dated June 9, 2017. 7. Attached hereto as Exhibit C1 is a true and accurate copy of Defendant’s Answer to the Amended Complaint with the Counterclaim, dated July 10, 2017. 8. Attached hereto as Exhibit C2 isa true and accurate copy of Plaintiff’s Answer to Counterclaim with Affirmative Defenses, dated July 31, 2017. 9. Attached hereto as Exhibit D is a Statement of Undisputed Material Facts in Support of Defendant’s Motion for Summary Judgment. 10. The relevant facts and the documents underlying this motion are set forth in and attached to the accompanying Affidavit of Samuel Ditter, sworn to on November 30, 2017. 11. The relevant facts and the documents underlying this motion are set forth in and attached to the accompanying Affidavit of Daniel Louis Wanek, sworn to on November 14, 2017. 12. As set forth in the attached Memorandum of Law in further detail at p. 6-10 and hereby incorporated herein, TSSP is entitled to summary judgment because Plaintiff cannot present any evidence of breach of contract by TSSP. 13. As set forth in the attached Memorandum of Law in further detail at p. 10-11 and hereby incorporated herein, TSSP is entitled to summary judgment on its counterclaim because there 2 2 of 3 FILED: NEW YORK COUNTY CLERK 12/01/2017 06:12 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 12/01/2017 are no genuine triable issues of material fact that Plaintiff and counterclaim defendant owes the balance of $75,000. 14. No prior application has been made for the relief requested herein. WHEREFORE, Defendant respectfully request that Defendant's motion for summary judgment be granted, together with such other and further relief as this Court may deem just and proper. Dated: New York, New York December 1, 2017 _______________________ Rosanne E. Felicello 3 3 of 3