On June 03, 2021 a
ANSWER
was filed
involving a dispute between
Rochester Employment Professionals, Inc. D B A Express Employment Professionals,
Rochester Employment Professionals, Inc.
D B A Express Employment Professionals,
and
Maven Technologies, Llc,
for Commercial - Contract
in the District Court of Monroe County.
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FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM INDEX NO. E2021004988
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2768387
Book Page CIVIL
Return To: No. Pages: 4
JASON SEAN DIPONZIO
16 E. Main St. Instrument: ANSWER
950 Reynolds Arcade Building
Rochester, NY 14614 Control #: 202107060245
Index #: E2021004988
Date: 07/06/2021
Rochester Employment Professionals, Inc. Time: 1:25:31 PM
Maven Technologies, LLC
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 4
202107060245 Index #
INDEX : E2021004988
NO. E2021004988
FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021
SUPREME COURT
STATE OF NEW YORK COUNTY OF MONROE
ROCHESTER EMPLOYMENT PROFESSIONALS, INC.
d/b/a EXPRESS EMPLOYMENT PROFESSIONALS,
ANSWER TO COMPLAINT
Plaintiff,
Index No.: E2021004988
vs.
MAVEN TECHNOLOGIES, LLC,
Defendants.
Defendant, by its attorney, Jason S. DiPonzio, Esq., answers the Complaint as follows:
1. Denies knowledge and information sufficient to form a belief as to the truth of the
these allegations.
2. Admits.
3. Admits.
4. Refers to the document executed by the parties as the best evidence of the truth of
these allegations.
5. Denies.
6. Denies.
7. Refers to the document executed by the parties as the best evidence of the truth of
these allegations.
8. Denies.
9. Defendant repeats its responses to these allegations as stated above.
10. Denies.
11. Denies.
12. Denies.
2 of 4
202107060245 IndexNO.
INDEX #: E2021004988
E2021004988
FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021
13. Defendant repeats its responses to these allegations as stated above.
14. Denies.
15. Denies.
16. Denies each and every other allegation not specifically admitted, controverted, or
denied herein.
DEFENDANTS’ FIRST AFFIRMATIVE DEFENSE
22. Plaintiff has failed to state a cause of action upon which relief may be granted.
DEFENDANTS’ SECOND AFFIRMATIVE DEFENSE
23. Plaintiff’s claims are barred by the doctrine of unclean hands.
DEFENDANT’S THIRD AFFIRMATIVE DEFENSE AND FIRST COUNTERCLAIM
24. Plaintiff supplied contract employees to Defendant without performing proper
background checks or other standard vetting procedures.
25. Plaintiff’s failure to perform background checks and other standard vetting
procedures was the result of the negligent performance of their duties to defendant.
26. As a result of plaintiff’s negligence, the contract employees provided to defendant
stole product inventory from defendant.
27. Defendant has been damaged in an amount to be determined by the trier of fact.
DEFENDANT’S FOURTH AFFIRMATIVE DEFENSE AND SECOND
COUNTERCLAIM
28. Plaintiff supplied contract employees to Defendant without performing proper
background checks or other standard vetting procedures.
29. Plaintiff breached its agreement with Defendant by failing to perform background
checks and other standard vetting procedures.
2
3 of 4
202107060245 IndexNO.
INDEX #: E2021004988
E2021004988
FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021
4 of 4
Document Filed Date
July 05, 2021
Case Filing Date
June 03, 2021
Category
Commercial - Contract
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FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM INDEX NO. E2021004988 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2768387 Book Page CIVIL Return To: No. Pages: 4 JASON SEAN DIPONZIO 16 E. Main St. Instrument: ANSWER 950 Reynolds Arcade Building Rochester, NY 14614 Control #: 202107060245 Index #: E2021004988 Date: 07/06/2021 Rochester Employment Professionals, Inc. Time: 1:25:31 PM Maven Technologies, LLC Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202107060245 Index # INDEX : E2021004988 NO. E2021004988 FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF MONROE ROCHESTER EMPLOYMENT PROFESSIONALS, INC. d/b/a EXPRESS EMPLOYMENT PROFESSIONALS, ANSWER TO COMPLAINT Plaintiff, Index No.: E2021004988 vs. MAVEN TECHNOLOGIES, LLC, Defendants. Defendant, by its attorney, Jason S. DiPonzio, Esq., answers the Complaint as follows: 1. Denies knowledge and information sufficient to form a belief as to the truth of the these allegations. 2. Admits. 3. Admits. 4. Refers to the document executed by the parties as the best evidence of the truth of these allegations. 5. Denies. 6. Denies. 7. Refers to the document executed by the parties as the best evidence of the truth of these allegations. 8. Denies. 9. Defendant repeats its responses to these allegations as stated above. 10. Denies. 11. Denies. 12. Denies. 2 of 4 202107060245 IndexNO. INDEX #: E2021004988 E2021004988 FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021 13. Defendant repeats its responses to these allegations as stated above. 14. Denies. 15. Denies. 16. Denies each and every other allegation not specifically admitted, controverted, or denied herein. DEFENDANTS’ FIRST AFFIRMATIVE DEFENSE 22. Plaintiff has failed to state a cause of action upon which relief may be granted. DEFENDANTS’ SECOND AFFIRMATIVE DEFENSE 23. Plaintiff’s claims are barred by the doctrine of unclean hands. DEFENDANT’S THIRD AFFIRMATIVE DEFENSE AND FIRST COUNTERCLAIM 24. Plaintiff supplied contract employees to Defendant without performing proper background checks or other standard vetting procedures. 25. Plaintiff’s failure to perform background checks and other standard vetting procedures was the result of the negligent performance of their duties to defendant. 26. As a result of plaintiff’s negligence, the contract employees provided to defendant stole product inventory from defendant. 27. Defendant has been damaged in an amount to be determined by the trier of fact. DEFENDANT’S FOURTH AFFIRMATIVE DEFENSE AND SECOND COUNTERCLAIM 28. Plaintiff supplied contract employees to Defendant without performing proper background checks or other standard vetting procedures. 29. Plaintiff breached its agreement with Defendant by failing to perform background checks and other standard vetting procedures. 2 3 of 4 202107060245 IndexNO. INDEX #: E2021004988 E2021004988 FILED: MONROE COUNTY CLERK 07/05/2021 12:23 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/05/2021 4 of 4