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HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 1 of 5 Trans ID: LCV20223861918
THE LAW FIRM OF DMITRIY SHAKHNEVICH, PLLC
Attorneys for Defendant Katrina Drazdova a/k/a Katsiaryna Drazdova
233 Broadway, Suite 900
New York, New York 10279
T: (212) 913-9703
F: (212) 913-9702
Email: ds@dshaklaw.com
________________________________X
VALENTINA GRIGORYEVA,
SUPERIOR COURT OF NEW JERSEY
HUDSON COUNTY: LAW DIVISION
Docket No.: HUD-L-1625-22
Plaintiff(s),
ANSWER, AFFIRMATIVE DEFENSES,
CROSS-CLAIMS AND R. 4:5-1
CERTIFICATION ON BEHALF OF KATRINA
DRAZDOVA a/k/a KATSIARYNA
DRAZDOVA
- against -
FANTICY ACRES, KATRINA DRAZDOVA
a/k/a KATSIARYNA DRAZDOVA, VICTOR
a/k/a JOHN DOE 1, CRYSTAL SIMICSAK,
CRYSTAL L. SIMICSAK, JOSEPH
SIMICSAK, KAREN SIMICSAK, KAREN J.
SIMICSAK, JOHN DOES 2-40, AND ABC
CORPORATIONS 1-35,
Defendant(s),
___________________________________X
Defendant, KATRINA DRAZDOVA a/k/a KATSIARYNA DRAZDOVA, in
answering plaintiff’s Amended Complaint, alleges the following:
1. Defendant denies the allegations contained in paragraphs of the Complaint
designated as 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28,
29, 30, 31, 32, 33, 36, 37, 38, 39, 43, 45, 46, 47, 48, 49 and the allegations of plaintiff’s
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Amended Complaint designated under “WHEREFORE.”
2. Defendant denies knowledge and information sufficient to form a belief as to
the allegations contained in paragraphs of the Complaint designated as: 3, 35, 41, 42.
3. The following need not be answered, as they are mere recitations of prior
facts: 16, 27, 34, 40, 44.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred due to plaintiff’s failure to mitigate damages.
SECOND AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred due to plaintiff’s failure to join parties necessary
and indispensable for just and equitable adjudication of this matter.
THIRD AFFIRMATIVE DEFENSE
Plaintiff’s claimed damages, if any, were caused entirely by other parties not in
defendant’s control.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred because plaintiff suffered no damages.
FIFTH AFFIRMATIVE DEFENSE
Plaintiff’s damages, if any, were caused by plaintiff’s own culpable conduct and
plaintiff’s own breach of any alleged agreements with defendant.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred by the statute of frauds.
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SEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred by the doctrines of frustration of purpose and
failure of consideration.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint fails to state a claim upon which relief can be granted under
any applicable law.
NINTH AFFIRMATIVE DEFENSE
The Court lacks personal jurisdiction over defendant.
TENTH AFFIRMATIVE DEFENSE
Plaintiff failed to properly effect the service of process upon the answering
defendant.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s Complaint is barred by the doctrine of unclean hands.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff failed to satisfy the condition precedent to suit.
WHEREFORE, defendant demands judgment dismissing plaintiff’s Amended
Complaint in its entirety, along with such other and further relief as this Court may deem just and
proper.
CROSS-CLAIM FOR CONTRIBUTION
It is alleged in the Amended Complaint that the damages sustained by plaintiff
were the result of the culpable conduct of this defendant, which is denied, but if this defendant is
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adjudged liable to the plaintiff for the causes of action stated in the Amended Complaint, she
then demands contribution from FANTICY ACRES, VICTOR a/k/a JOHN DOE 1, CRYSTAL
SIMICSAK, CRYSTAL L. SIMICSAK, JOSEPH SIMICSAK, KAREN SIMICSAK, KAREN J.
SIMICSAK, JOHN DOES 2-40, AND ABC CORPORATIONS 1-35 pursuant to the terms and
provisions of the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq. and the
Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq.
CROSS-CLAIM FOR INDEMNIFICATION
It is alleged in the Amended Complaint that the damages sustained by plaintiff
were the result of the culpable conduct of this defendant, which is denied, but if this defendant is
adjudged liable to the plaintiff for the causes of action stated in the Amended Complaint, such
liability will be vicarious and under the circumstances defendant will be entitled to indemnity
under common law, by operation of the law of contract and otherwise from FANTICY ACRES,
VICTOR a/k/a JOHN DOE 1, CRYSTAL SIMICSAK, CRYSTAL L. SIMICSAK, JOSEPH
SIMICSAK, KAREN SIMICSAK, KAREN J. SIMICSAK, JOHN DOES 2-40, AND ABC
CORPORATIONS 1-35 in that the negligence of said co-defendants was a contributing factor
and was the active and primary cause of the loss, if any, sustained by the plaintiff herein.
ANSWER TO CROSS-CLAIMS
In answer to any and all cross-claims now or hereinafter asserted, defendant states
that same are denied.
JURY DEMAND
Defendant hereby demands a trial by jury to all issues so triable.
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CERTIFICATION
I hereby certify that the foregoing statements are true to the best of my knowledge
and belief. I understand that if an of the foregoing statements are willfully false, I am subject to
punishment.
Dated: New York, New York
November 4, 2022
Yours, etc.,
Dmitriy Shakhnevich, Esq.
THE LAW FIRM OF DMITRIY SHAKHNEVICH, PLLC
233 Broadway, Suite 900
New York, NY 10279
Tel: (212) 913-9703
Fax: (212) 913-9702
Email: ds@dshaklaw.com
To:
The Weiss Group LLC
344 Main Street
Metuchen, NJ 08840
Riker Danzig
1 Speedwell Avenue
Morristown, NJ 07962-1981
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11:56:01AM
AM Pg 1 of 1 Trans
TransID:
ID:LCV20223861918
LCV20223861918
Civil Case Information Statement
Case Details: HUDSON | Civil Part Docket# L-001625-22
Case Caption: GRIGORYEVA VALENTINA VS FANTICY Case Type: PERSONAL INJURY
ACRES Document Type: Answer W/CrossClaim W/Jury Demand
Case Initiation Date: 05/17/2022 Jury Demand: YES - 6 JURORS
Attorney Name: DMITRIY SHAKHNEVICH Is this a professional malpractice case? NO
Firm Name: DMITRIY SHAKHNEVICH Related cases pending: NO
Address: 233 BROADWAY STE 900 If yes, list docket numbers:
NEW YORK NY 10279 Do you anticipate adding any parties (arising out of same
Phone: 2129139703 transaction or occurrence)? NO
Name of Party: DEFENDANT : DRAZDOVA, KATRINA Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: VALENTINA GRIGORYEVA?
NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
11/04/2022 /s/ DMITRIY SHAKHNEVICH
Dated Signed
Preview
HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 1 of 5 Trans ID: LCV20223861918 THE LAW FIRM OF DMITRIY SHAKHNEVICH, PLLC Attorneys for Defendant Katrina Drazdova a/k/a Katsiaryna Drazdova 233 Broadway, Suite 900 New York, New York 10279 T: (212) 913-9703 F: (212) 913-9702 Email: ds@dshaklaw.com ________________________________X VALENTINA GRIGORYEVA, SUPERIOR COURT OF NEW JERSEY HUDSON COUNTY: LAW DIVISION Docket No.: HUD-L-1625-22 Plaintiff(s), ANSWER, AFFIRMATIVE DEFENSES, CROSS-CLAIMS AND R. 4:5-1 CERTIFICATION ON BEHALF OF KATRINA DRAZDOVA a/k/a KATSIARYNA DRAZDOVA - against - FANTICY ACRES, KATRINA DRAZDOVA a/k/a KATSIARYNA DRAZDOVA, VICTOR a/k/a JOHN DOE 1, CRYSTAL SIMICSAK, CRYSTAL L. SIMICSAK, JOSEPH SIMICSAK, KAREN SIMICSAK, KAREN J. SIMICSAK, JOHN DOES 2-40, AND ABC CORPORATIONS 1-35, Defendant(s), ___________________________________X Defendant, KATRINA DRAZDOVA a/k/a KATSIARYNA DRAZDOVA, in answering plaintiff’s Amended Complaint, alleges the following: 1. Defendant denies the allegations contained in paragraphs of the Complaint designated as 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 36, 37, 38, 39, 43, 45, 46, 47, 48, 49 and the allegations of plaintiff’s -1- HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 2 of 5 Trans ID: LCV20223861918 Amended Complaint designated under “WHEREFORE.” 2. Defendant denies knowledge and information sufficient to form a belief as to the allegations contained in paragraphs of the Complaint designated as: 3, 35, 41, 42. 3. The following need not be answered, as they are mere recitations of prior facts: 16, 27, 34, 40, 44. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred due to plaintiff’s failure to mitigate damages. SECOND AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred due to plaintiff’s failure to join parties necessary and indispensable for just and equitable adjudication of this matter. THIRD AFFIRMATIVE DEFENSE Plaintiff’s claimed damages, if any, were caused entirely by other parties not in defendant’s control. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred because plaintiff suffered no damages. FIFTH AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were caused by plaintiff’s own culpable conduct and plaintiff’s own breach of any alleged agreements with defendant. SIXTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred by the statute of frauds. -2- HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 3 of 5 Trans ID: LCV20223861918 SEVENTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred by the doctrines of frustration of purpose and failure of consideration. EIGHTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint fails to state a claim upon which relief can be granted under any applicable law. NINTH AFFIRMATIVE DEFENSE The Court lacks personal jurisdiction over defendant. TENTH AFFIRMATIVE DEFENSE Plaintiff failed to properly effect the service of process upon the answering defendant. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff’s Complaint is barred by the doctrine of unclean hands. TWELFTH AFFIRMATIVE DEFENSE Plaintiff failed to satisfy the condition precedent to suit. WHEREFORE, defendant demands judgment dismissing plaintiff’s Amended Complaint in its entirety, along with such other and further relief as this Court may deem just and proper. CROSS-CLAIM FOR CONTRIBUTION It is alleged in the Amended Complaint that the damages sustained by plaintiff were the result of the culpable conduct of this defendant, which is denied, but if this defendant is -3- HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 4 of 5 Trans ID: LCV20223861918 adjudged liable to the plaintiff for the causes of action stated in the Amended Complaint, she then demands contribution from FANTICY ACRES, VICTOR a/k/a JOHN DOE 1, CRYSTAL SIMICSAK, CRYSTAL L. SIMICSAK, JOSEPH SIMICSAK, KAREN SIMICSAK, KAREN J. SIMICSAK, JOHN DOES 2-40, AND ABC CORPORATIONS 1-35 pursuant to the terms and provisions of the Joint Tortfeasors Contribution Act, N.J.S.A. 2A:53A-1, et seq. and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq. CROSS-CLAIM FOR INDEMNIFICATION It is alleged in the Amended Complaint that the damages sustained by plaintiff were the result of the culpable conduct of this defendant, which is denied, but if this defendant is adjudged liable to the plaintiff for the causes of action stated in the Amended Complaint, such liability will be vicarious and under the circumstances defendant will be entitled to indemnity under common law, by operation of the law of contract and otherwise from FANTICY ACRES, VICTOR a/k/a JOHN DOE 1, CRYSTAL SIMICSAK, CRYSTAL L. SIMICSAK, JOSEPH SIMICSAK, KAREN SIMICSAK, KAREN J. SIMICSAK, JOHN DOES 2-40, AND ABC CORPORATIONS 1-35 in that the negligence of said co-defendants was a contributing factor and was the active and primary cause of the loss, if any, sustained by the plaintiff herein. ANSWER TO CROSS-CLAIMS In answer to any and all cross-claims now or hereinafter asserted, defendant states that same are denied. JURY DEMAND Defendant hereby demands a trial by jury to all issues so triable. -4- HUD-L-001625-22 11/04/2022 11:56:33 AM Pg 5 of 5 Trans ID: LCV20223861918 CERTIFICATION I hereby certify that the foregoing statements are true to the best of my knowledge and belief. I understand that if an of the foregoing statements are willfully false, I am subject to punishment. Dated: New York, New York November 4, 2022 Yours, etc., Dmitriy Shakhnevich, Esq. THE LAW FIRM OF DMITRIY SHAKHNEVICH, PLLC 233 Broadway, Suite 900 New York, NY 10279 Tel: (212) 913-9703 Fax: (212) 913-9702 Email: ds@dshaklaw.com To: The Weiss Group LLC 344 Main Street Metuchen, NJ 08840 Riker Danzig 1 Speedwell Avenue Morristown, NJ 07962-1981 -5- HUD-L-001625-22 11/04/2022 HUD-L-001625-22 11/04/202211:56:33 11:56:01AM AM Pg 1 of 1 Trans TransID: ID:LCV20223861918 LCV20223861918 Civil Case Information Statement Case Details: HUDSON | Civil Part Docket# L-001625-22 Case Caption: GRIGORYEVA VALENTINA VS FANTICY Case Type: PERSONAL INJURY ACRES Document Type: Answer W/CrossClaim W/Jury Demand Case Initiation Date: 05/17/2022 Jury Demand: YES - 6 JURORS Attorney Name: DMITRIY SHAKHNEVICH Is this a professional malpractice case? NO Firm Name: DMITRIY SHAKHNEVICH Related cases pending: NO Address: 233 BROADWAY STE 900 If yes, list docket numbers: NEW YORK NY 10279 Do you anticipate adding any parties (arising out of same Phone: 2129139703 transaction or occurrence)? NO Name of Party: DEFENDANT : DRAZDOVA, KATRINA Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): None Are sexual abuse claims alleged by: VALENTINA GRIGORYEVA? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 11/04/2022 /s/ DMITRIY SHAKHNEVICH Dated Signed