On July 01, 2021 a
Answer
was filed
involving a dispute between
Ssa Ne Assets, Llc,
and
John Doe And Jane Doe,
New York City Department Of Finance,
New York State Department Of Taxation And Finance,
Paul Gross,
R&C Asset Management Corp.,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
- ------------------------------------X
SSA NE. ASSETS, LLC,
Index No. 715005/2021
Plaintiff,
-against- VERIFIED ANSWER OF
PAUL GROSS
R&C ASSET MANAGEMENT CORP.; PAUL
GROSS; NEW YORK CITY DEPARTMENT OF
FINANCE; NEW YORK STATE DEPARTMENT
OF TAXATION AND FINANCE;"JOHN DOE"
and "JANE DOE" said names being fictitious, it
being the intention of Plaintiff to designate any and
all occupants of premises being foreclosed herein,
Defendants.
-------------------------------------X
Defendant, Paul Gross("Gross"),by his attorneys Foster Garvey,P.C.,as and for his Answer
to the Complaint of SSA NE Assets, LLC ("Complaint"), states and alleges as follows:
Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "1" of the Complaint.
2. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "2" ofthe Complaint.
3. Denies the allegations in paragraph"3"ofthe Complaint except refers to the Note and
Guaranty Agreements which speak for themselves.
4. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "4" ofthe Complaint.
5. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "5" ofthe Complaint.
FG:11693120.1 1 of 6
FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
6. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "6" ofthe Complaint.
7. Neither admits nor denies the allegations in paragraph "7" ofthe Complaint as they
purport to state a legal conclusions.
8. Denies the allegations in paragraph "8" of the Complaint except refers to the
Mortgage which speaks for itself.
9. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "9" of the Complaint.
10. Denies the allegations in paragraph "10" of the Complaint except refers to the
Mortgage which speaks for itself.
1 1. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "11" of the Complaint.
12. Denies the allegations in paragraph "12" of the Complaint except refers to the
Mortgage which speaks for itself.
13. Denies the allegations in paragraph "13" of the Complaint.
14. Denies the allegations in paragraph "14" ofthe Complaint except refers to the Note
which speaks for itself.
15. Denies the allegations in paragraph "15" of the Complaint except refers to the
Mortgage which speaks for itself.
16. Denies the allegations in paragraph "16"ofthe Complaint except refers to the alleged
Notices of Default which speak for themselves.
17. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "17" of the Complaint.
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FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
18. Denies the allegations in paragraph "18" ofthe Complaint except refers to the alleged
guaranty which speaks for itself.
19. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "19" of the Complaint.
20. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "20" of the Complaint.
21. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "21" of the Complaint.
22. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "22" of the Complaint.
23. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "23" of the Complaint.
24. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph "24" of the Complaint.
25. Denies the allegations in paragraph "25" of the Complaint.
26. Denies the allegations in paragraph "26" of the Complaint except refers to the
Mortgage which speaks for itself.
27. Neither admits nor denies the allegations in paragraph "27"ofthe Complaint as they
purport to state a legal conclusions.
28. Neither admits nor denies the allegations in paragraph "28"ofthe Complaint as they
purport to state a legal conclusions.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
29. Plaintiff has no standing to bring this action against the Defendants.
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36
FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
30. Plaintiffhas failed to comply with its internal procedures governing the renegotiation
of existing mortgages.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
31. Plaintiff has failed to comply with the relevant provisions ofthe RPAPL governing
the foreclosure of residential mortgages.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
32. Upon information and belief, any monies due or owing to plaintiff, if any, are less
than pleaded and/or improperly calculated.
33. By reason of the foregoing, Gross is not liable to plaintiff, or in the alternative,
plaintiff's claim should be reduced and Gross is entitled to a set off.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
34. The Complaint fails to state a cause of action against Gross.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
35. To the extent that any alleged loss occurred, such loss directly and proximately
resulted from plaintiffs own independent mishandling ofits own affairs and any purported damage
caused to plaintiff is wholly unrelated to any purported acts, statements or alleged obligations of
Gross.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
36. Ifany liability exists on the part ofGross to Plaintiff, such liability is to be completely
indemnified by third parties, and/or co-defendants.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
37. Plaintiff has failed to mitigate his damages.
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FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
38. Plaintiff has waived any and all claims asserted in its Complaint and is estopped
from asserting those claims.
WHEREFORE,Defendant Paul Gross demands that a judgment be entered as follows:
a. Dismissing the Complaint; and
b. Such other and further relief as to the Court may seem just and proper,
together with costs and disbursements of this Action.
Dated: New York, New York
August 24, 2021
FOS
By:
Alan A. Heller
Attorneysfor efendant aul Gross
100 Wall Street, 20`" Floor
New York, New York 10005
(212)965-4526
alan.heller[a,foster.com
TO: FRIEDMAN VARTOLO LLP
Attorneysfor Plaintiff
1325 Franklin Avenue, Suite 160
Garden City, NY 11530
(212)471-5100
5 of 6
FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021
VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss:
PAUL GROSS, being duly sworn, deposes and says:
I am one ofthe defendants in this Action. I have read the foregoing Answer and the same is
true to my knowledge, except as to those matters stated on information and belief, and as to those
matters I believe it to be true. The source of my knowledge and information is my personal
knowledge a~~d my review of documents.
PAUL GROSS
Sw to before me this
~ d of Au t~, 2021
Not Publ'
ALAN A. HELLEP,
Notary Pubiic, State of New York
No. 02HE5026529
Qualified in Nassau County
Commission Expires April 18, 20~'~
D
6 of 6
Document Filed Date
August 25, 2021
Case Filing Date
July 01, 2021
Category
Real Property - Mortgage Foreclosure - Commercial
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Preview
FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS - ------------------------------------X SSA NE. ASSETS, LLC, Index No. 715005/2021 Plaintiff, -against- VERIFIED ANSWER OF PAUL GROSS R&C ASSET MANAGEMENT CORP.; PAUL GROSS; NEW YORK CITY DEPARTMENT OF FINANCE; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE;"JOHN DOE" and "JANE DOE" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. -------------------------------------X Defendant, Paul Gross("Gross"),by his attorneys Foster Garvey,P.C.,as and for his Answer to the Complaint of SSA NE Assets, LLC ("Complaint"), states and alleges as follows: Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "1" of the Complaint. 2. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "2" ofthe Complaint. 3. Denies the allegations in paragraph"3"ofthe Complaint except refers to the Note and Guaranty Agreements which speak for themselves. 4. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "4" ofthe Complaint. 5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "5" ofthe Complaint. FG:11693120.1 1 of 6 FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 6. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "6" ofthe Complaint. 7. Neither admits nor denies the allegations in paragraph "7" ofthe Complaint as they purport to state a legal conclusions. 8. Denies the allegations in paragraph "8" of the Complaint except refers to the Mortgage which speaks for itself. 9. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "9" of the Complaint. 10. Denies the allegations in paragraph "10" of the Complaint except refers to the Mortgage which speaks for itself. 1 1. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "11" of the Complaint. 12. Denies the allegations in paragraph "12" of the Complaint except refers to the Mortgage which speaks for itself. 13. Denies the allegations in paragraph "13" of the Complaint. 14. Denies the allegations in paragraph "14" ofthe Complaint except refers to the Note which speaks for itself. 15. Denies the allegations in paragraph "15" of the Complaint except refers to the Mortgage which speaks for itself. 16. Denies the allegations in paragraph "16"ofthe Complaint except refers to the alleged Notices of Default which speak for themselves. 17. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "17" of the Complaint. 2 of 6 FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 18. Denies the allegations in paragraph "18" ofthe Complaint except refers to the alleged guaranty which speaks for itself. 19. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "19" of the Complaint. 20. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "20" of the Complaint. 21. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "21" of the Complaint. 22. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "22" of the Complaint. 23. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "23" of the Complaint. 24. Denies knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph "24" of the Complaint. 25. Denies the allegations in paragraph "25" of the Complaint. 26. Denies the allegations in paragraph "26" of the Complaint except refers to the Mortgage which speaks for itself. 27. Neither admits nor denies the allegations in paragraph "27"ofthe Complaint as they purport to state a legal conclusions. 28. Neither admits nor denies the allegations in paragraph "28"ofthe Complaint as they purport to state a legal conclusions. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 29. Plaintiff has no standing to bring this action against the Defendants. 3 of 36 FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 30. Plaintiffhas failed to comply with its internal procedures governing the renegotiation of existing mortgages. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 31. Plaintiff has failed to comply with the relevant provisions ofthe RPAPL governing the foreclosure of residential mortgages. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 32. Upon information and belief, any monies due or owing to plaintiff, if any, are less than pleaded and/or improperly calculated. 33. By reason of the foregoing, Gross is not liable to plaintiff, or in the alternative, plaintiff's claim should be reduced and Gross is entitled to a set off. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 34. The Complaint fails to state a cause of action against Gross. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 35. To the extent that any alleged loss occurred, such loss directly and proximately resulted from plaintiffs own independent mishandling ofits own affairs and any purported damage caused to plaintiff is wholly unrelated to any purported acts, statements or alleged obligations of Gross. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 36. Ifany liability exists on the part ofGross to Plaintiff, such liability is to be completely indemnified by third parties, and/or co-defendants. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 37. Plaintiff has failed to mitigate his damages. 4 of 6 FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 AS AND FOR A NINTH AFFIRMATIVE DEFENSE 38. Plaintiff has waived any and all claims asserted in its Complaint and is estopped from asserting those claims. WHEREFORE,Defendant Paul Gross demands that a judgment be entered as follows: a. Dismissing the Complaint; and b. Such other and further relief as to the Court may seem just and proper, together with costs and disbursements of this Action. Dated: New York, New York August 24, 2021 FOS By: Alan A. Heller Attorneysfor efendant aul Gross 100 Wall Street, 20`" Floor New York, New York 10005 (212)965-4526 alan.heller[a,foster.com TO: FRIEDMAN VARTOLO LLP Attorneysfor Plaintiff 1325 Franklin Avenue, Suite 160 Garden City, NY 11530 (212)471-5100 5 of 6 FILED: QUEENS COUNTY CLERK 08/25/2021 11:15 AM INDEX NO. 715005/2021 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 08/25/2021 VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss: PAUL GROSS, being duly sworn, deposes and says: I am one ofthe defendants in this Action. I have read the foregoing Answer and the same is true to my knowledge, except as to those matters stated on information and belief, and as to those matters I believe it to be true. The source of my knowledge and information is my personal knowledge a~~d my review of documents. PAUL GROSS Sw to before me this ~ d of Au t~, 2021 Not Publ' ALAN A. HELLEP, Notary Pubiic, State of New York No. 02HE5026529 Qualified in Nassau County Commission Expires April 18, 20~'~ D 6 of 6