Preview
FILED: KINGS COUNTY CLERK 12/20/2023
09/11/2023 10:18
07:28 PM INDEX NO. 503738/2023
NYSCEF DOC. NO. 19
8 RECEIVED NYSCEF: 12/20/2023
09/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 503738/2023
_____----........._____________....---____----..______________________Ç
RAMESH MARCII -- -- -- -
PERGAUD,
Plaintiff, DEFENDANT'S
VERIFIED
- against - ANSWER WITH
AFFIRMATIVE
DEFENSES AND
COUNTERCLAIMS
RAJESH MICHAEL PERSAUD and John Doe 1-10
Defendants.
___.._____.._____-..___..---_____....._.....____---..--..---_Ç
PLEASE TAKE NOTICE that the Defendant RAJESH MICHAEL PERSAUD,
by his Attorneys DRUMMOND & SQUILLACE, PLLC, upon information and belief
submit this Verified Answer with Affirmative Defenses and Counterclaims to the
Complaint as follows:
1. The allegations in the paragraph of the Complaint herein
"1"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant RAJESH MICHAEL
PERSAUD ( 'Defendant") admits that portion of the allegation contained in the paragraph
"1"
of the Complaint herein designated/numbered as which alleges that "Plaintiff
RAMESH PERSAUD is a natural person". Defendant denies knowledge or information
sufficient to form a belief as to the truth of the allegations contained in the paragraph of
"1"
the Complaint herein designated/numbered as which alleges that Plaintiff, RAMESH
MARCH PERSAUD is "a resident of the State of New York. Unless otherwise expressly
admitted, all other allegations contained in the Complaint herein designated/numbered as
"1"
are denied.
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2. Defendant admits the allegations contained in the paragraph of the
Complaint herein designated/numbered as "2".
3. The allegations in the paragraph of the Complaint herein
"3"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant admits that portion of the
allegation contained in the paragraph of the Complaint herein designated/munbered as
"3"
which alleges that Defendant is an owner of the property located at 873-875 Nostrand
Avenue, Brooklyn, New York situated in County of Kings, City and State of New York
and Defendant further admits that portion of the allegation contained in the paragraph of
"3"
the Complaint herein designated/numbered as which alleges that the foregoing
property is a mixed use property known as 873-875 Nostrand Avenue, Brooldyn, New
York 11225, Defendant denies knowledge or information sufficient to form a belief as to
the truth of the allegations contained in the paragraph of the Complaint herein
"3"
designated/numbered as which alleges that the property known as 873-875 Nostrand
"A"
Avenue, Brooklyn, New York 11225 is described and attached as Exhibit (metes and
bounds"). Defendant denies the allegations contained in the paragraph of the Complaint
"3"
herein designated/numbered as that alleges that Plaintiff is a co-owner of the real
property known as and located at 873-875 Nostrand Avenue, Brooklyn, New York.
Unless otherwise expressly admitted, all other allegations contained in the Complaint
"3"
herein designated/numbered as paragraph are denied.
4. The allegations in the paragraph of the Complaint herein
"4"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant admits that portion of the
2
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allegations contained in the paragraph of the Complaint herein designated/numbered as
"4"
which alleges that Defendant is an owner in fee of the property located at 873-875
Nostrand Avenue, Brooklyn, New York situated in County of Kings, City and State of
New York but Defendant denies that portion of the allegations contained in the paragraph
"4b."
of the Complaint herein designated/numbered as which alleges that Defendant
RAJESH MICHAEL PERSAUD is owner of only undivided one half interest (50%) of
said property as Defendant is an owner of at least seventy-five percent/ownership interest
(75%) in and of the subject property. Defendant denies the allegations contained in the
"4a."
paragraph of the Complaint herein designated/numbered as that alleges that
Plaintiff RAMESH MARC PERSAUD is the owner in fee of an undivided one-half
interest (50%) of said property and further denies that Plaintiff possesses an interest in
fee"
and is an "owner in of one-half interest (50%) of the property located at 873-875
Nostrand Avenue, Brooklyn, New York 11225. Unless otherwise expressly admitted, all
other allegations contained in the Complaint herein designated/numbered as paragraph
"4"
are denied.
5. The allegations in the paragraph of the Complaint herein
"S"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant denies that portion of the
allegations contained in the paragraph of the Complaint herein designated/numbered as
"5"
which alleges that Plaintiff acquired ownership of the subject property and that
parties'
Plaintiff acquired ownership by way of the terms of the deceased brother's trust
TRUST"
agreement known as the "RAJENDRA PERSAUD LIVING which is alleged to
parties'
have become effective regarding the ownership interested in the subject property
3
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upon the death of the Trustee RAJENDRA PERSAUD. Defendant denies that Plaintiff is
an owner of and/or an owner in fee if an undivided one-half interest (50%) of said
property. Defendant admits that he is an owner of the subject property, that he was and is
parties'
an owner of the subject property prior to the death of the brother Rajendra
Persaud and prior to their deceased brother's trust agreement, and, Defendant further
admits that he owns at least seventy-five percent/ownership interest (75%) in and of the
subject property known as and located at located at 873-875 Nostrand Avenue, Brooklyn,
New York 11225. Unless otherwise expressly admitted, all other allegations contained in
"5"
the Complaint herein designated/numbered as paragraph are denied.
6, The allegations in the paragraph of the Complaint herein
"6"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant admits that portion of the
"6"
allegation contained in the paragraph of the Complaint herein designated as which
alleges that Defendant and Plaintiff are over eighteen years of age, and that Defendant is
of sound mind. Defendant denies knowledge or infonnation sufficient to form a belief as
to the truth of the allegations contained in paragraph of the Complaint herein
"6"
designated/numbered as which alleges that Plaintiff is of sound mind. Unless
otherwise expressly admitted, all other allegations contained in the Complaint herein
"6"
designated/numbered as paragraph are denied.
7. The allegations contained in the paragraph of the Complaint herein
"7"
designated/numbered as state legal conclusions, are vague, ambiguous, and further
state legal arguments and purported legal conclusions to which no responses are
necessary. To the extent that a response is deemed necessary, Defendant denies
4
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knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the paragraph of the Complaint herein designated/numbered as "7",
8. Defendant admits the allegations contained in the paragraph of the
Complaint herein designated/numbered as "8".
9. Defendant denies the allegations contained in the paragraph of the
Complaint herein designated/numbered as "9".
10. The allegations in the paragraph of the Complaint herein
"10"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant denies knowledge or
information sufficient to form a belief as to the truth of the allegations contained in the
"10"
paragraph of the Complaint herein designated/numbered as that allege that "there
are no lines on said premises". Defendant denies that Plaintiff is an owner of and/or is an
owner of one-half interest (50%) of the property located at 873-875 Nostrand Avenue,
Brooklyn, New York I1225. Defendant admits that he is an owner of the subject
property, that he was and is an owner of the subject property prior to the death of the
parties'
brother Rajendra Persaud and prior to their deceased brother's trust agreement,
and, Defendant further admits that he owns at least seventy-five percent/ownership
interest (75%) in and of the subject property known as and located at located at 873-875
Nostrand Avenue, Brooklyn, New York 11225. Unless otherwise expressly admitted, all
other allegations contained in the Complaint herein designated/numbered as paragraph
"10"
are denied.
11. Defendant denies the allegations contained in the paragraphs of the
"12"
Complaint herein designated/numbered as "11", and "14".
5
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12. The allegations in the paragraph of the Complaint herein
"13"
designated/numbered as state legal conclusions to which no response is necessary.
To the extent a response is deemed necessary, Defendant admits that portion of the
allegations contained in the paragraph of the Complaint herein designated/numbered as
"13"
which specifically alleges that Defendant "RAJESH MICHAEL is of ...full age and
mind."
sound Defendant denies knowledge or information sufficient to form a belief as
to the truth of the allegations contained in the paragraph of the Complaint herein
"13"
designated/numbered as which alleges that Plaintiff is of sound mind and that
1-10"
alleges Defendants "John Doe are of sound minds and are of full age. Unless
otherwise expressly admitted, all other allegations contained in the Complaint herein
"13"
designated as paragraph are denied.
13. The allegations contained in the paragraph of the Complaint herein
"15"
designated/numbered as state legal conclusions, are vague, ambiguous, and further
state legal arguments and purported legal conclusions to which no responses are
necessary. To the extent that a response is deemed necessary, Defendant denies
knowledge or information sufficient to form a belief as to the truth of the allegations
contained in the paragraph of the Complaint herein designated/numbered as "15".
PLAINTIFF'S WHEREFORE CLAUSE
14. Defendant specifically denies that the Plaintiff is entitled to any judgment
and/or relief as alleged in the paragraph/section of the Plaintiff's Complaint
any
"WHEREFORE" "WHEREFORE"
designated as the clause and "A", "B", "C", "D",
"E" "F"
and and, Defendant further denies any and all allegations and relief requested
therein.
6
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DEFENDANT RAJESH MICHAEL PERSAUD'S AFFIRMATIVE DEFENSES
.
. suando hw M &a e M hoches Laws shs ),
Defendant states/asserts/interposes the following Affirmative Defenses to Plaintiff's
claims:
AS AND FOR DEFENDANT'S FIRST AFFIRMATIVE DEFENSE
16. Plaintiff's alleged entitlement/interest to/in the subject premises and the
entirety of Plaintiff's claims are barred in this action, in whole or in part, by the conduct
of Plaintiff including, but not limited to, the Plaintiff's conduct which supports claims by
Defendant against Plaintiff for fraud, breach of contract, conversion, equitable estoppel,
unjust enrichment and/or are barred by the conduct of other necessary party(ies) to the
within action whom Plaintiff failed to join herein.
AS AND FOR DEFENDANT'S SECOND AFFIRMATIVE DEFENSE
UNCLEAN HANDS
17. Plaintiff's claims as alleged in the Plaintiff's Complaint against Defendant
are barred as Plaintiff has unclean hands by means of Plaintiff's materially false,
misleading, fraudulent and/or wrongful conduct and/or representations made to
Defendant. Plaintiff's claims against Defendant are otherwise barred in this action, in
whole or in part, as Plaintiff has unclean hands by the conduct of Plaintiff himself
including, but not limited to, the Plaintiff's conduct which supports claims by Defendant
against Plaintiff for fraud, breach of contract, conversion, equitable estoppel, unjust
enrichment and/or by the conduct of other necessary party(ies) to the within action whom
Plaintiff failed to join herein.
Further, Plaintiff improperly seeks the protections accorded by the laws of the
7
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State of the State of New York and improperly avails himself to this Court with his own
Plaintiff by operation of law is estopped from seeking redress against the Defendant.
Plaintiff has unclean hands herein as Plaintiff, and those acting on his behalf, at his
direction and/or those under the undue influence of the Plaintiff, as detailed below in
Defendant's Counterclaims against Plaintiff, acted intentionally, maliciously, deceitfully,
fraudulently, unethically, with unclean hands and/or in bad faith with respect to
Plaintiff's dealings and negotiations in relation to the terms that were discussed,
negotiated and agreed upon relative to the Subject Property including, but not limited to:
Plaintiff fraudulently inducing Defendant to trust the Plaintiff to rent out, generate
income and to otherwise use the Subject Property to generate income with the express
understanding and agreement that in doing so, Defendant would be entitled to and would
in fact receive an equitable and lawful interest/rights/entitlement/ownership in and to
monies generated from the Subject Property and/or with the understanding that Plaintiff
would equitably share same income with Defendant and despite Defendant's repeated
request of Plaintiff to share same income, Plaintiff has refused to do so.
AS AND FOR DEFENDANT'S THIRD AFFIRMATIVE DEFENSE
DOCTRINCE OF EQUITABLE ESTOPPEL BARS PETITIONER'S CLAIMS
18. The Plaintiff's claims are barred by the Doctrine of Equitable
Preview
FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 503738/2023 _____----........._____________....---____----..______________________Ç RAMESH MARCII -- -- -- - PERGAUD, Plaintiff, DEFENDANT'S VERIFIED - against - ANSWER WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIMS RAJESH MICHAEL PERSAUD and John Doe 1-10 Defendants. ___.._____.._____-..___..---_____....._.....____---..--..---_Ç PLEASE TAKE NOTICE that the Defendant RAJESH MICHAEL PERSAUD, by his Attorneys DRUMMOND & SQUILLACE, PLLC, upon information and belief submit this Verified Answer with Affirmative Defenses and Counterclaims to the Complaint as follows: 1. The allegations in the paragraph of the Complaint herein "1" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant RAJESH MICHAEL PERSAUD ( 'Defendant") admits that portion of the allegation contained in the paragraph "1" of the Complaint herein designated/numbered as which alleges that "Plaintiff RAMESH PERSAUD is a natural person". Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of "1" the Complaint herein designated/numbered as which alleges that Plaintiff, RAMESH MARCH PERSAUD is "a resident of the State of New York. Unless otherwise expressly admitted, all other allegations contained in the Complaint herein designated/numbered as "1" are denied. 1 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 2. Defendant admits the allegations contained in the paragraph of the Complaint herein designated/numbered as "2". 3. The allegations in the paragraph of the Complaint herein "3" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant admits that portion of the allegation contained in the paragraph of the Complaint herein designated/munbered as "3" which alleges that Defendant is an owner of the property located at 873-875 Nostrand Avenue, Brooklyn, New York situated in County of Kings, City and State of New York and Defendant further admits that portion of the allegation contained in the paragraph of "3" the Complaint herein designated/numbered as which alleges that the foregoing property is a mixed use property known as 873-875 Nostrand Avenue, Brooldyn, New York 11225, Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the Complaint herein "3" designated/numbered as which alleges that the property known as 873-875 Nostrand "A" Avenue, Brooklyn, New York 11225 is described and attached as Exhibit (metes and bounds"). Defendant denies the allegations contained in the paragraph of the Complaint "3" herein designated/numbered as that alleges that Plaintiff is a co-owner of the real property known as and located at 873-875 Nostrand Avenue, Brooklyn, New York. Unless otherwise expressly admitted, all other allegations contained in the Complaint "3" herein designated/numbered as paragraph are denied. 4. The allegations in the paragraph of the Complaint herein "4" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant admits that portion of the 2 2 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 allegations contained in the paragraph of the Complaint herein designated/numbered as "4" which alleges that Defendant is an owner in fee of the property located at 873-875 Nostrand Avenue, Brooklyn, New York situated in County of Kings, City and State of New York but Defendant denies that portion of the allegations contained in the paragraph "4b." of the Complaint herein designated/numbered as which alleges that Defendant RAJESH MICHAEL PERSAUD is owner of only undivided one half interest (50%) of said property as Defendant is an owner of at least seventy-five percent/ownership interest (75%) in and of the subject property. Defendant denies the allegations contained in the "4a." paragraph of the Complaint herein designated/numbered as that alleges that Plaintiff RAMESH MARC PERSAUD is the owner in fee of an undivided one-half interest (50%) of said property and further denies that Plaintiff possesses an interest in fee" and is an "owner in of one-half interest (50%) of the property located at 873-875 Nostrand Avenue, Brooklyn, New York 11225. Unless otherwise expressly admitted, all other allegations contained in the Complaint herein designated/numbered as paragraph "4" are denied. 5. The allegations in the paragraph of the Complaint herein "S" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant denies that portion of the allegations contained in the paragraph of the Complaint herein designated/numbered as "5" which alleges that Plaintiff acquired ownership of the subject property and that parties' Plaintiff acquired ownership by way of the terms of the deceased brother's trust TRUST" agreement known as the "RAJENDRA PERSAUD LIVING which is alleged to parties' have become effective regarding the ownership interested in the subject property 3 3 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 upon the death of the Trustee RAJENDRA PERSAUD. Defendant denies that Plaintiff is an owner of and/or an owner in fee if an undivided one-half interest (50%) of said property. Defendant admits that he is an owner of the subject property, that he was and is parties' an owner of the subject property prior to the death of the brother Rajendra Persaud and prior to their deceased brother's trust agreement, and, Defendant further admits that he owns at least seventy-five percent/ownership interest (75%) in and of the subject property known as and located at located at 873-875 Nostrand Avenue, Brooklyn, New York 11225. Unless otherwise expressly admitted, all other allegations contained in "5" the Complaint herein designated/numbered as paragraph are denied. 6, The allegations in the paragraph of the Complaint herein "6" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant admits that portion of the "6" allegation contained in the paragraph of the Complaint herein designated as which alleges that Defendant and Plaintiff are over eighteen years of age, and that Defendant is of sound mind. Defendant denies knowledge or infonnation sufficient to form a belief as to the truth of the allegations contained in paragraph of the Complaint herein "6" designated/numbered as which alleges that Plaintiff is of sound mind. Unless otherwise expressly admitted, all other allegations contained in the Complaint herein "6" designated/numbered as paragraph are denied. 7. The allegations contained in the paragraph of the Complaint herein "7" designated/numbered as state legal conclusions, are vague, ambiguous, and further state legal arguments and purported legal conclusions to which no responses are necessary. To the extent that a response is deemed necessary, Defendant denies 4 4 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the Complaint herein designated/numbered as "7", 8. Defendant admits the allegations contained in the paragraph of the Complaint herein designated/numbered as "8". 9. Defendant denies the allegations contained in the paragraph of the Complaint herein designated/numbered as "9". 10. The allegations in the paragraph of the Complaint herein "10" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the "10" paragraph of the Complaint herein designated/numbered as that allege that "there are no lines on said premises". Defendant denies that Plaintiff is an owner of and/or is an owner of one-half interest (50%) of the property located at 873-875 Nostrand Avenue, Brooklyn, New York I1225. Defendant admits that he is an owner of the subject property, that he was and is an owner of the subject property prior to the death of the parties' brother Rajendra Persaud and prior to their deceased brother's trust agreement, and, Defendant further admits that he owns at least seventy-five percent/ownership interest (75%) in and of the subject property known as and located at located at 873-875 Nostrand Avenue, Brooklyn, New York 11225. Unless otherwise expressly admitted, all other allegations contained in the Complaint herein designated/numbered as paragraph "10" are denied. 11. Defendant denies the allegations contained in the paragraphs of the "12" Complaint herein designated/numbered as "11", and "14". 5 5 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 12. The allegations in the paragraph of the Complaint herein "13" designated/numbered as state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, Defendant admits that portion of the allegations contained in the paragraph of the Complaint herein designated/numbered as "13" which specifically alleges that Defendant "RAJESH MICHAEL is of ...full age and mind." sound Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the Complaint herein "13" designated/numbered as which alleges that Plaintiff is of sound mind and that 1-10" alleges Defendants "John Doe are of sound minds and are of full age. Unless otherwise expressly admitted, all other allegations contained in the Complaint herein "13" designated as paragraph are denied. 13. The allegations contained in the paragraph of the Complaint herein "15" designated/numbered as state legal conclusions, are vague, ambiguous, and further state legal arguments and purported legal conclusions to which no responses are necessary. To the extent that a response is deemed necessary, Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraph of the Complaint herein designated/numbered as "15". PLAINTIFF'S WHEREFORE CLAUSE 14. Defendant specifically denies that the Plaintiff is entitled to any judgment and/or relief as alleged in the paragraph/section of the Plaintiff's Complaint any "WHEREFORE" "WHEREFORE" designated as the clause and "A", "B", "C", "D", "E" "F" and and, Defendant further denies any and all allegations and relief requested therein. 6 6 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 DEFENDANT RAJESH MICHAEL PERSAUD'S AFFIRMATIVE DEFENSES . . suando hw M &a e M hoches Laws shs ), Defendant states/asserts/interposes the following Affirmative Defenses to Plaintiff's claims: AS AND FOR DEFENDANT'S FIRST AFFIRMATIVE DEFENSE 16. Plaintiff's alleged entitlement/interest to/in the subject premises and the entirety of Plaintiff's claims are barred in this action, in whole or in part, by the conduct of Plaintiff including, but not limited to, the Plaintiff's conduct which supports claims by Defendant against Plaintiff for fraud, breach of contract, conversion, equitable estoppel, unjust enrichment and/or are barred by the conduct of other necessary party(ies) to the within action whom Plaintiff failed to join herein. AS AND FOR DEFENDANT'S SECOND AFFIRMATIVE DEFENSE UNCLEAN HANDS 17. Plaintiff's claims as alleged in the Plaintiff's Complaint against Defendant are barred as Plaintiff has unclean hands by means of Plaintiff's materially false, misleading, fraudulent and/or wrongful conduct and/or representations made to Defendant. Plaintiff's claims against Defendant are otherwise barred in this action, in whole or in part, as Plaintiff has unclean hands by the conduct of Plaintiff himself including, but not limited to, the Plaintiff's conduct which supports claims by Defendant against Plaintiff for fraud, breach of contract, conversion, equitable estoppel, unjust enrichment and/or by the conduct of other necessary party(ies) to the within action whom Plaintiff failed to join herein. Further, Plaintiff improperly seeks the protections accorded by the laws of the 7 7 of 62 FILED: KINGS COUNTY CLERK 12/20/2023 09/11/2023 10:18 07:28 PM INDEX NO. 503738/2023 NYSCEF DOC. NO. 19 8 RECEIVED NYSCEF: 12/20/2023 09/11/2023 State of the State of New York and improperly avails himself to this Court with his own Plaintiff by operation of law is estopped from seeking redress against the Defendant. Plaintiff has unclean hands herein as Plaintiff, and those acting on his behalf, at his direction and/or those under the undue influence of the Plaintiff, as detailed below in Defendant's Counterclaims against Plaintiff, acted intentionally, maliciously, deceitfully, fraudulently, unethically, with unclean hands and/or in bad faith with respect to Plaintiff's dealings and negotiations in relation to the terms that were discussed, negotiated and agreed upon relative to the Subject Property including, but not limited to: Plaintiff fraudulently inducing Defendant to trust the Plaintiff to rent out, generate income and to otherwise use the Subject Property to generate income with the express understanding and agreement that in doing so, Defendant would be entitled to and would in fact receive an equitable and lawful interest/rights/entitlement/ownership in and to monies generated from the Subject Property and/or with the understanding that Plaintiff would equitably share same income with Defendant and despite Defendant's repeated request of Plaintiff to share same income, Plaintiff has refused to do so. AS AND FOR DEFENDANT'S THIRD AFFIRMATIVE DEFENSE DOCTRINCE OF EQUITABLE ESTOPPEL BARS PETITIONER'S CLAIMS 18. The Plaintiff's claims are barred by the Doctrine of Equitable