On February 26, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Pearl Delta Funding, Llc,
and
Johnathon Rosser,
Mr. Roofer Llc,
Rosser Catastrophe Services,
Rosser Enterprise Llc,
Rosser Roofing Solutions,
for Commercial - Contract
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 07/02/2021
05/17/2021 01:09
02:55 PM INDEX NO. 150441/2021
NYSCEF DOC. NO. 19
4 RECEIVED NYSCEF: 07/02/2021
05/17/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC,
Plaintiff, VERIFIED ANSWER TO
- Against- COMPLAINT
INDEX No. 150441/2021
ROSSER ENTERPRISE, LLC AND ROSSER
CATASTROPHE SERVICES AND ROSSER
ROOFING SOLUTIONS AND
MR. ROOFER, LLC AND JOHNATHON ROSSER,
Defendants.
Defendants ROSSER ENTERPRISE, LLC AND ROSSER CATASTROPHE SERVICES AND
ROSSER ROOFING SOLUTIONS AND MR. ROOFER, LLC AND JOHNATHON ROSSER,
answers the Complaint of PEARL DELTA FUNDING, LLC:
1. Defendants are unable to admit or deny the allegations contained in paragraph 1 of the
Complaint and therefore leaves Plaintiff to its proofs.
2. Defendants admit to the allegations contained in paragraph 2 of the Complaint.
3. Defendants admit to the allegations contained in paragraph 3 of the Complaint.
4. Defendants admit to the allegations contained in paragraph 4 of the Complaint.
5. Defendants admit to the allegations contained in paragraph 5 of the Complaint.
6. Defendants are unable to admit or deny the allegations contained in paragraph 6 of the
Complaint and therefore leaves Plaintiff to its proofs.
7. Defendants are unable to admit or deny the allegations contained in paragraph 7 of the
Complaint and therefore leaves Plaintiff to its proofs.
8. Defendants are unable to admit or deny the allegations contained in paragraph 8 of the
Complaint and therefore leaves Plaintiff to its proofs.
9. Defendants are unable to admit or deny the allegations contained in paragraph 9 of the
Complaint and therefore leaves Plaintiff to its proofs.
10. Defendants are unable to admit or deny the allegations contained in paragraph 10 of the
Complaint and therefore leaves Plaintiff to its proofs.
11. Defendants are unable to admit or deny the allegations contained in paragraph 11 of the
Complaint and therefore leaves Plaintiff to its proofs.
EXHIBIT E
1 of 3
FILED: RICHMOND COUNTY CLERK 07/02/2021
05/17/2021 01:09
02:55 PM INDEX NO. 150441/2021
NYSCEF DOC. NO. 19
4 RECEIVED NYSCEF: 07/02/2021
05/17/2021
12. Defendants are unable to admit or deny the allegations contained in paragraph 12 of the
Complaint and therefore leaves Plaintiff to its proofs.
13. Defendants are unable to admit or deny the allegations contained in paragraph 13 of the
Complaint and therefore leaves Plaintiff to its proofs.
14. Defendants are unable to admit or deny the allegations contained in paragraph 14 of the
Complaint and therefore leaves Plaintiff to its proofs.
15. Defendants repeats and restates the statements contained in the previous paragraphs.
16. Defendants are unable to admit or deny the allegations contained in paragraph 16 of the
Complaint and therefore leaves Plaintiff to its proofs.
17. Defendants are unable to admit or deny the allegations contained in paragraph 17 of the
Complaint and therefore leaves Plaintiff to its proofs.
18. Defendants are unable to admit or deny the allegations contained in paragraph 18 of the
Complaint and therefore leaves Plaintiff to its proofs.
19. Defendants repeats and restates the statements contained in the previous paragraphs.
20. Defendants are unable to admit or deny the allegations contained in paragraph 20 of the
Complaint and therefore leaves Plaintiff to its proofs.
21. Defendants are unable to admit or deny the allegations contained in paragraph 21 of the
Complaint and therefore leaves Plaintiff to its proofs.
22. Defendants are unable to admit or deny the allegations contained in paragraph 22 of the
Complaint and therefore leaves Plaintiff to its proofs.
23. Defendants repeats and restates the statements contained in the previous paragraphs.
24. Defendants are unable to admit or deny the allegations contained in paragraph 24 of the
Complaint and therefore leaves Plaintiff to its proofs.
25. Defendants are unable to admit or deny the allegations contained in paragraph 25 of the
Complaint and therefore leaves Plaintiff to its proofs.
Defendants also asserts the AFFIRMATIVE DEFENSES:
1. Plaintiff is barred by its breach of the covenant of good faith and fair dealing from proceeding
in this action against Defendants.
2. Defendants disputes the amount and validity of the claimed amounts of principal, prejudgment
interest, late charges and attorney fees.
EXHIBIT E
2 of 3
FILED: RICHMOND COUNTY CLERK 07/02/2021
05/17/2021 01:09
02:55 PM INDEX NO. 150441/2021
NYSCEF DOC. NO. 19
4 RECEIVED NYSCEF: 07/02/2021
05/17/2021
3. Defendants requests verification of the alleged debt.
4. Plaintiff failed to properly obtain personal jurisdiction over the Defendants.
5. The alleged debt has been securitized and therefore Plaintiff lacks standing.
6. Any agreement is subject to binding arbitration.
WHEREFORE, Defendants requests that Plaintiff takes nothing against Defendants and that
judgment in favor of Defendants be entered; and, that Defendants be awarded all the costs of suit.
VERIFICATION
I, Daniel G. Ruggiero, being duly sworn, deposes and says: I am counsel for the
Defendant in this proceeding. The Defendant is located out of state. I have read the Verified
Answer in person and know the contents thereof to be true to my knowledge, except as to those
matters stated on information and belief, and as to those matters, I believe them to be true.
Dated: May 17, 2021
Respectfully submitted,
/s/ Daniel G. Ruggiero
Daniel Goldsmith Ruggiero
MA Office
275 Grove Street
Suite 2-400
Newton, Ma 02466
(All correspondence to MA Office)
NY Office
41 Madison Avenue
Manhattan, NY 10010
(339) 237-0343 (phone)
(339) 707-2808 (fax)
EXHIBIT E
3 of 3
Document Filed Date
July 02, 2021
Case Filing Date
February 26, 2021
Category
Commercial - Contract
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: RICHMOND COUNTY CLERK 07/02/2021 05/17/2021 01:09 02:55 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 19 4 RECEIVED NYSCEF: 07/02/2021 05/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, Plaintiff, VERIFIED ANSWER TO - Against- COMPLAINT INDEX No. 150441/2021 ROSSER ENTERPRISE, LLC AND ROSSER CATASTROPHE SERVICES AND ROSSER ROOFING SOLUTIONS AND MR. ROOFER, LLC AND JOHNATHON ROSSER, Defendants. Defendants ROSSER ENTERPRISE, LLC AND ROSSER CATASTROPHE SERVICES AND ROSSER ROOFING SOLUTIONS AND MR. ROOFER, LLC AND JOHNATHON ROSSER, answers the Complaint of PEARL DELTA FUNDING, LLC: 1. Defendants are unable to admit or deny the allegations contained in paragraph 1 of the Complaint and therefore leaves Plaintiff to its proofs. 2. Defendants admit to the allegations contained in paragraph 2 of the Complaint. 3. Defendants admit to the allegations contained in paragraph 3 of the Complaint. 4. Defendants admit to the allegations contained in paragraph 4 of the Complaint. 5. Defendants admit to the allegations contained in paragraph 5 of the Complaint. 6. Defendants are unable to admit or deny the allegations contained in paragraph 6 of the Complaint and therefore leaves Plaintiff to its proofs. 7. Defendants are unable to admit or deny the allegations contained in paragraph 7 of the Complaint and therefore leaves Plaintiff to its proofs. 8. Defendants are unable to admit or deny the allegations contained in paragraph 8 of the Complaint and therefore leaves Plaintiff to its proofs. 9. Defendants are unable to admit or deny the allegations contained in paragraph 9 of the Complaint and therefore leaves Plaintiff to its proofs. 10. Defendants are unable to admit or deny the allegations contained in paragraph 10 of the Complaint and therefore leaves Plaintiff to its proofs. 11. Defendants are unable to admit or deny the allegations contained in paragraph 11 of the Complaint and therefore leaves Plaintiff to its proofs. EXHIBIT E 1 of 3 FILED: RICHMOND COUNTY CLERK 07/02/2021 05/17/2021 01:09 02:55 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 19 4 RECEIVED NYSCEF: 07/02/2021 05/17/2021 12. Defendants are unable to admit or deny the allegations contained in paragraph 12 of the Complaint and therefore leaves Plaintiff to its proofs. 13. Defendants are unable to admit or deny the allegations contained in paragraph 13 of the Complaint and therefore leaves Plaintiff to its proofs. 14. Defendants are unable to admit or deny the allegations contained in paragraph 14 of the Complaint and therefore leaves Plaintiff to its proofs. 15. Defendants repeats and restates the statements contained in the previous paragraphs. 16. Defendants are unable to admit or deny the allegations contained in paragraph 16 of the Complaint and therefore leaves Plaintiff to its proofs. 17. Defendants are unable to admit or deny the allegations contained in paragraph 17 of the Complaint and therefore leaves Plaintiff to its proofs. 18. Defendants are unable to admit or deny the allegations contained in paragraph 18 of the Complaint and therefore leaves Plaintiff to its proofs. 19. Defendants repeats and restates the statements contained in the previous paragraphs. 20. Defendants are unable to admit or deny the allegations contained in paragraph 20 of the Complaint and therefore leaves Plaintiff to its proofs. 21. Defendants are unable to admit or deny the allegations contained in paragraph 21 of the Complaint and therefore leaves Plaintiff to its proofs. 22. Defendants are unable to admit or deny the allegations contained in paragraph 22 of the Complaint and therefore leaves Plaintiff to its proofs. 23. Defendants repeats and restates the statements contained in the previous paragraphs. 24. Defendants are unable to admit or deny the allegations contained in paragraph 24 of the Complaint and therefore leaves Plaintiff to its proofs. 25. Defendants are unable to admit or deny the allegations contained in paragraph 25 of the Complaint and therefore leaves Plaintiff to its proofs. Defendants also asserts the AFFIRMATIVE DEFENSES: 1. Plaintiff is barred by its breach of the covenant of good faith and fair dealing from proceeding in this action against Defendants. 2. Defendants disputes the amount and validity of the claimed amounts of principal, prejudgment interest, late charges and attorney fees. EXHIBIT E 2 of 3 FILED: RICHMOND COUNTY CLERK 07/02/2021 05/17/2021 01:09 02:55 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 19 4 RECEIVED NYSCEF: 07/02/2021 05/17/2021 3. Defendants requests verification of the alleged debt. 4. Plaintiff failed to properly obtain personal jurisdiction over the Defendants. 5. The alleged debt has been securitized and therefore Plaintiff lacks standing. 6. Any agreement is subject to binding arbitration. WHEREFORE, Defendants requests that Plaintiff takes nothing against Defendants and that judgment in favor of Defendants be entered; and, that Defendants be awarded all the costs of suit. VERIFICATION I, Daniel G. Ruggiero, being duly sworn, deposes and says: I am counsel for the Defendant in this proceeding. The Defendant is located out of state. I have read the Verified Answer in person and know the contents thereof to be true to my knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. Dated: May 17, 2021 Respectfully submitted, /s/ Daniel G. Ruggiero Daniel Goldsmith Ruggiero MA Office 275 Grove Street Suite 2-400 Newton, Ma 02466 (All correspondence to MA Office) NY Office 41 Madison Avenue Manhattan, NY 10010 (339) 237-0343 (phone) (339) 707-2808 (fax) EXHIBIT E 3 of 3