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FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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KPL GREEN LLC,
Index No. 030709/2023
Plaintiff,
- against - VERIFIED ANSWER
GREENPORT HUDSON ASSOCIATES, LLC,
MORGENSTERN DEVOESICK, PLLC, and
as Escrow Agent, and CRAZY BEER WORLD, INC.,
Defendants.
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Defendant Morgenstern DeVoesick, PLLC (“Defendant”), by and through its attorneys
Lewis Brisbois Bisgaard & Smith LLP, as and for its Verified Answer to the Verified Complaint,
alleges as follows:
THE PARTIES
1. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 1.
2. Admits the allegations contained in paragraph 2.
3. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 3.
JURISDICTION AND VENUE
4. Paragraph 4 contains a legal conclusion for which no response is required. To the
extent a response is required, Defendant denies this paragraph.
5. Paragraph 5 contains a legal conclusion for which no response is required. To the
extent a response is required, Defendant denies this paragraph.
FACTUAL ALLEGATIONS
6. Denies the allegations contained in paragraph 6 and refers the Court to the
referenced contract for the contents thereof.
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7. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 7.
8. Denies the allegations contained in paragraph 8 and refers the Court to the
referenced contract for the contents thereof.
9. Denies the allegations contained in paragraph 9 and refers the Court to the
referenced contract for the contents thereof.
10. Denies the allegations contained in paragraph 10 and refers the Court to the
referenced contract for the contents thereof.
11. Denies the allegations contained in paragraph 11 and refers the Court to the
referenced contract for the contents thereof.
12. Denies the allegations contained in paragraph 12.
13. Denies the allegations contained in paragraph 13 and refers the Court to the
referenced contract for the contents thereof.
14. Denies the allegations contained in paragraph 14 and refers the Court to the
referenced contract for the contents thereof.
15. Denies the allegations contained in paragraph 15 and refers the Court to the
referenced amendment for the contents thereof.
16. Admits the allegations contained in paragraph 16.
17. Denies the allegations contained in paragraph 17.
18. Denies the allegations contained in paragraph 18 and refers the Court to the
referenced contract for the contents thereof.
19. Denies the allegations contained in paragraph 19.
20. Denies the allegations contained in paragraph 20 and refers the Court to the
referenced email for the contents thereof.
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21. Denies the allegations contained in paragraph 21 and refers the Court to the
referenced email for the contents thereof.
22. Denies the allegations contained in paragraph 22.
23. Denies having knowledge or information sufficient to form a belief as to the
allegations contained in paragraph 23.
24. Denies the allegations contained in paragraph 24 and refers the Court to the
referenced email for the contents thereof.
25. Denies the allegations contained in paragraph 25 and refers the Court to the
referenced written demands for the contents thereof.
26. Denies the allegations contained in paragraph 26 and refers the Court to the
referenced email for the contents thereof.
27. Denies the allegations contained in paragraph 27 and refers the Court to the
referenced email for the contents thereof.
28. Denies the allegations contained in paragraph 28 and refers the Court to the
referenced email and letter for the contents thereof.
29. Denies the allegations contained in paragraph 29.
30. Denies the allegations contained in paragraph 30.
AS AND FOR A FIRST CAUSE OF ACTION
(Breach of Contract as to Greenport/Hudson Associates LLC)
31. Repeats the responses to the allegations contained in paragraphs 1 through 30 as if
fully set forth herein.
32. The allegations contained in paragraph 32 are against defendant
Greenport/Hudson Associates LLC only, for which no response by Defendant is required. To the
extent a response is required, Defendant denies the allegations contained in paragraph 32 and
refers the Court to the referenced contract for the contents thereof.
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33. The allegations contained in paragraph 33 are against defendant
Greenport/Hudson Associates LLC only, for which no response by Defendant is required. To the
extent a response is required, Defendant denies the allegations contained in paragraph 33 and
refers the Court to the referenced amendment for the contents thereof.
34. Denies the allegations contained in paragraph 34.
35. Denies the allegations contained in paragraph 35.
36. Paragraph 36 contains a legal conclusion for which no response is required. To
the extent a response is required, Defendant denies the allegations contained in this paragraph.
37. Paragraph 37 contains a legal conclusion for which no response is required. To
the extent a response is required, Defendant denies the allegations contained in this paragraph.
38. Paragraph 38 contains a legal conclusion for which no response is required. To
the extent a response is required, Defendant denies the allegations contained in this paragraph.
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty as Escrow Agent as to Morgenstern DeVoesick PLLC)
39. Repeats the responses to the allegations contained in paragraphs 1 through 38 as if
fully set forth herein.
40. Denies the allegations contained in paragraph 40 and refers the Court to the
referenced contract for the contents thereof.
41. Denies the allegations contained in paragraph 41 and refers the Court to the
referenced contract for the contents thereof.
42. Denies the allegations contained in paragraph 42.
43. Denies the allegations contained in paragraph 43.
44. Denies the allegations contained in paragraph 44.
45. Denies the allegations contained in paragraph 45.
46. Denies the allegations contained in paragraph 46.
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AS AND FOR A THIRD CAUSE OF ACTION
(Declaratory Judgment as to Crazy Beer World, LLC)
47. Repeats the responses to the allegations contained in paragraphs 1 through 46 as if
fully set forth herein.
48. The allegations contained in paragraph 48 are against defendant Crazy Beer
World, LLC, only, for which no response by Defendant is required. To the extent a response is
required, Defendant denies the allegations contained in paragraph 48 and refers the Court to the
referenced amendment for the contents thereof.
49. The allegations contained in paragraph 49 are against defendant Crazy Beer
World, LLC, only, for which no response by Defendant is required. To the extent a response is
required, Defendant denies the allegations contained in paragraph 49 and refers the Court to the
referenced correspondence for the contents thereof.
50. The allegations contained in paragraph 50 are against defendant Crazy Beer
World, LLC, only, for which no response by Defendant is required. To the extent a response is
required, Defendant denies the allegations contained in paragraph 50.
51. Paragraph 51 contains a legal conclusion for which no response is required. To
the extent a response is required, Defendant denies the allegations contained in this paragraph.
52. Paragraph 52 contains no factual allegations and therefore no response is required.
To the extent a response is required, Defendant denies the allegations contained in this
paragraph.
FIRST AFFIRMATIVE DEFENSE
The Verified Complaint fails to state any causes of action.
SECOND AFFIRMATIVE DEFENSE
The Verified Complaint fails to state a cause of action against Defendant.
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THIRD AFFIRMATIVE DEFENSE
Plaintiff has suffered no damages attributable to actionable conduct by Defendant.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred by the doctrine of unclean hands, estoppel, laches, mistake,
waiver and offset.
FIFTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred by the doctrine of in pari delicto.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff’s claims for damages are barred in whole or in part by after-acquired evidence of
misconduct.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to join parties who are necessary and indispensable to a just
adjudication of this action.
EIGHTH AFFIRMATIVE DEFENSE
Plaintiff's claims are barred by documentary evidence.
NINTH AFFIRMATIVE DEFENSE
Plaintiff's claims are barred, in whole or in part, by the doctrines of accord and
satisfaction.
TENTH AFFIRMATIVE DEFENSE
Some or all of Plaintiff’s alleged injuries are due, in whole or in part, to its own actions.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to comply with all conditions precedent for some or all of the claims
asserted in the Verified Complaint.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are or may be time barred by the applicable statute of limitations.
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THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are or may be time barred by the applicable statute of frauds.
FOURTEENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred, in whole or in part, by its own breach(es) of contract,
tortious actions or inactions and other wrongful acts and omissions.
FIFTEENTH AFFIRMATIVE DEFENSE
At all times relevant hereto, Defendant acted in good faith and with good cause, and has
not violated any rights which may be secured to Plaintiff under any federal, state or local law,
rule, common law, contract, ordinance, regulation or guideline.
SIXTEENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred, in whole or in part, by the terms of the applicable
agreements entered into between the parties to this action.
SEVENTEENTH AFFIRMATIVE DEFENSE
No act or omission on the part of Defendant was the cause, whether proximate, legal, or
otherwise, or a substantial factor in causing any loss, damage or injury alleged to have been
sustained by Plaintiff.
EIGHTEENTH AFFIRMATIVE DEFENSE
Defendant did not breach any duty owed to Plaintiff.
NINETEENTH AFFIRMATIVE DEFENSE
Plaintiff does not have standing to assert a claim for breach of fiduciary duty against
Defendant.
TWENTIETH AFFIRMATIVE DEFENSE
Plaintiff’s claim for breach of fiduciary duty against Defendant is barred because no
fiduciary relationship between Plaintiff and Defendant ever existed.
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TWENTY-FIRST AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred because Plaintiff did not elect to establish an escrow fund,
Defendant did not enter into any escrow agreement, and the parties instructed the funds be
distributed elsewhere.
TWENTY-SECOND AFFIRMATIVE DEFENSE
Plaintiff may be barred or limited from recovering damages based on its failure to
mitigate damages.
RESERVATION OF RIGHTS
Defendant reserves the right to amend this Answer and to assert such additional
affirmative or separate defenses as are made known during discovery.
WHEREFORE, Defendant Morgenstern DeVoesick, PLLC, respectfully requests that:
a. The Court dismiss the Verified Complaint in its entirety with prejudice;
b. The Court award Defendant Morgenstern DeVoesick, PLLC the costs and expenses
incurred in connection with this action, including reasonable attorneys’ fees; and
c. The Court grant Defendant Morgenstern DeVoesick, PLLC such other and further relief
as is just and proper.
Dated: New York, New York
November 20, 2023
LEWIS BRISBOIS BISGAARD & SMITH, LLP
By: /s/ Jeffrey Y. Spiegel _______________
Jeffrey Y. Spiegel, Esq.
Stephen G. Rickershauser, Esq.
Attorneys for Defendant
Morgenstern DeVoesick, PLLC
77 Water Street, Suite 2100
New York, New York 10005
646.783.1703
Jeffrey.spiegel@lewisbrisbois.com
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ATTORNEY VERIFICATION
Jeffrey Y. Spiegel affirms as follows:
I, the undersigned, an attorney duly admitted to practice in the Courts of the State of New
York, am a partner of the law firm of Lewis Brisbois Bisgaard & Smith LLP, counsel of record
for Defendant Morgenstern DeVoesick, PLLC. I have read the foregoing Verified Answer and
know the contents thereof; the same is true to the best of my own knowledge, except as to the
matters therein stated to be alleged on information and belief, and as to those matters, I believe
them to be true. The undersigned's source of information is a claims file containing documents
and communications had with the defendant, with which the undersigned is familiar. This
Verification is made by deponent because Defendant does not reside within the county where the
deponent maintains his office. I affirm that the foregoing statements made by me are true.
Dated: New York, New York
November 20, 2023
/s/ Jeffrey Y. Spiegel
Jeffrey Y. Spiegel, Esq.
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FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND ------------------------------------------------------------------X KPL GREEN LLC, Index No. 030709/2023 Plaintiff, - against - VERIFIED ANSWER GREENPORT HUDSON ASSOCIATES, LLC, MORGENSTERN DEVOESICK, PLLC, and as Escrow Agent, and CRAZY BEER WORLD, INC., Defendants. ------------------------------------------------------------------X Defendant Morgenstern DeVoesick, PLLC (“Defendant”), by and through its attorneys Lewis Brisbois Bisgaard & Smith LLP, as and for its Verified Answer to the Verified Complaint, alleges as follows: THE PARTIES 1. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 1. 2. Admits the allegations contained in paragraph 2. 3. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 3. JURISDICTION AND VENUE 4. Paragraph 4 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies this paragraph. 5. Paragraph 5 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies this paragraph. FACTUAL ALLEGATIONS 6. Denies the allegations contained in paragraph 6 and refers the Court to the referenced contract for the contents thereof. 132116405.1 1 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 7. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 7. 8. Denies the allegations contained in paragraph 8 and refers the Court to the referenced contract for the contents thereof. 9. Denies the allegations contained in paragraph 9 and refers the Court to the referenced contract for the contents thereof. 10. Denies the allegations contained in paragraph 10 and refers the Court to the referenced contract for the contents thereof. 11. Denies the allegations contained in paragraph 11 and refers the Court to the referenced contract for the contents thereof. 12. Denies the allegations contained in paragraph 12. 13. Denies the allegations contained in paragraph 13 and refers the Court to the referenced contract for the contents thereof. 14. Denies the allegations contained in paragraph 14 and refers the Court to the referenced contract for the contents thereof. 15. Denies the allegations contained in paragraph 15 and refers the Court to the referenced amendment for the contents thereof. 16. Admits the allegations contained in paragraph 16. 17. Denies the allegations contained in paragraph 17. 18. Denies the allegations contained in paragraph 18 and refers the Court to the referenced contract for the contents thereof. 19. Denies the allegations contained in paragraph 19. 20. Denies the allegations contained in paragraph 20 and refers the Court to the referenced email for the contents thereof. 132116405.1 2 2 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 21. Denies the allegations contained in paragraph 21 and refers the Court to the referenced email for the contents thereof. 22. Denies the allegations contained in paragraph 22. 23. Denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraph 23. 24. Denies the allegations contained in paragraph 24 and refers the Court to the referenced email for the contents thereof. 25. Denies the allegations contained in paragraph 25 and refers the Court to the referenced written demands for the contents thereof. 26. Denies the allegations contained in paragraph 26 and refers the Court to the referenced email for the contents thereof. 27. Denies the allegations contained in paragraph 27 and refers the Court to the referenced email for the contents thereof. 28. Denies the allegations contained in paragraph 28 and refers the Court to the referenced email and letter for the contents thereof. 29. Denies the allegations contained in paragraph 29. 30. Denies the allegations contained in paragraph 30. AS AND FOR A FIRST CAUSE OF ACTION (Breach of Contract as to Greenport/Hudson Associates LLC) 31. Repeats the responses to the allegations contained in paragraphs 1 through 30 as if fully set forth herein. 32. The allegations contained in paragraph 32 are against defendant Greenport/Hudson Associates LLC only, for which no response by Defendant is required. To the extent a response is required, Defendant denies the allegations contained in paragraph 32 and refers the Court to the referenced contract for the contents thereof. 132116405.1 3 3 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 33. The allegations contained in paragraph 33 are against defendant Greenport/Hudson Associates LLC only, for which no response by Defendant is required. To the extent a response is required, Defendant denies the allegations contained in paragraph 33 and refers the Court to the referenced amendment for the contents thereof. 34. Denies the allegations contained in paragraph 34. 35. Denies the allegations contained in paragraph 35. 36. Paragraph 36 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies the allegations contained in this paragraph. 37. Paragraph 37 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies the allegations contained in this paragraph. 38. Paragraph 38 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies the allegations contained in this paragraph. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Fiduciary Duty as Escrow Agent as to Morgenstern DeVoesick PLLC) 39. Repeats the responses to the allegations contained in paragraphs 1 through 38 as if fully set forth herein. 40. Denies the allegations contained in paragraph 40 and refers the Court to the referenced contract for the contents thereof. 41. Denies the allegations contained in paragraph 41 and refers the Court to the referenced contract for the contents thereof. 42. Denies the allegations contained in paragraph 42. 43. Denies the allegations contained in paragraph 43. 44. Denies the allegations contained in paragraph 44. 45. Denies the allegations contained in paragraph 45. 46. Denies the allegations contained in paragraph 46. 132116405.1 4 4 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 AS AND FOR A THIRD CAUSE OF ACTION (Declaratory Judgment as to Crazy Beer World, LLC) 47. Repeats the responses to the allegations contained in paragraphs 1 through 46 as if fully set forth herein. 48. The allegations contained in paragraph 48 are against defendant Crazy Beer World, LLC, only, for which no response by Defendant is required. To the extent a response is required, Defendant denies the allegations contained in paragraph 48 and refers the Court to the referenced amendment for the contents thereof. 49. The allegations contained in paragraph 49 are against defendant Crazy Beer World, LLC, only, for which no response by Defendant is required. To the extent a response is required, Defendant denies the allegations contained in paragraph 49 and refers the Court to the referenced correspondence for the contents thereof. 50. The allegations contained in paragraph 50 are against defendant Crazy Beer World, LLC, only, for which no response by Defendant is required. To the extent a response is required, Defendant denies the allegations contained in paragraph 50. 51. Paragraph 51 contains a legal conclusion for which no response is required. To the extent a response is required, Defendant denies the allegations contained in this paragraph. 52. Paragraph 52 contains no factual allegations and therefore no response is required. To the extent a response is required, Defendant denies the allegations contained in this paragraph. FIRST AFFIRMATIVE DEFENSE The Verified Complaint fails to state any causes of action. SECOND AFFIRMATIVE DEFENSE The Verified Complaint fails to state a cause of action against Defendant. 132116405.1 5 5 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 THIRD AFFIRMATIVE DEFENSE Plaintiff has suffered no damages attributable to actionable conduct by Defendant. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred by the doctrine of unclean hands, estoppel, laches, mistake, waiver and offset. FIFTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred by the doctrine of in pari delicto. SIXTH AFFIRMATIVE DEFENSE Plaintiff’s claims for damages are barred in whole or in part by after-acquired evidence of misconduct. SEVENTH AFFIRMATIVE DEFENSE Plaintiff has failed to join parties who are necessary and indispensable to a just adjudication of this action. EIGHTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred by documentary evidence. NINTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by the doctrines of accord and satisfaction. TENTH AFFIRMATIVE DEFENSE Some or all of Plaintiff’s alleged injuries are due, in whole or in part, to its own actions. ELEVENTH AFFIRMATIVE DEFENSE Plaintiff has failed to comply with all conditions precedent for some or all of the claims asserted in the Verified Complaint. TWELFTH AFFIRMATIVE DEFENSE Plaintiff’s claims are or may be time barred by the applicable statute of limitations. 132116405.1 6 6 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are or may be time barred by the applicable statute of frauds. FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred, in whole or in part, by its own breach(es) of contract, tortious actions or inactions and other wrongful acts and omissions. FIFTEENTH AFFIRMATIVE DEFENSE At all times relevant hereto, Defendant acted in good faith and with good cause, and has not violated any rights which may be secured to Plaintiff under any federal, state or local law, rule, common law, contract, ordinance, regulation or guideline. SIXTEENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred, in whole or in part, by the terms of the applicable agreements entered into between the parties to this action. SEVENTEENTH AFFIRMATIVE DEFENSE No act or omission on the part of Defendant was the cause, whether proximate, legal, or otherwise, or a substantial factor in causing any loss, damage or injury alleged to have been sustained by Plaintiff. EIGHTEENTH AFFIRMATIVE DEFENSE Defendant did not breach any duty owed to Plaintiff. NINETEENTH AFFIRMATIVE DEFENSE Plaintiff does not have standing to assert a claim for breach of fiduciary duty against Defendant. TWENTIETH AFFIRMATIVE DEFENSE Plaintiff’s claim for breach of fiduciary duty against Defendant is barred because no fiduciary relationship between Plaintiff and Defendant ever existed. 132116405.1 7 7 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 TWENTY-FIRST AFFIRMATIVE DEFENSE Plaintiff’s claims are barred because Plaintiff did not elect to establish an escrow fund, Defendant did not enter into any escrow agreement, and the parties instructed the funds be distributed elsewhere. TWENTY-SECOND AFFIRMATIVE DEFENSE Plaintiff may be barred or limited from recovering damages based on its failure to mitigate damages. RESERVATION OF RIGHTS Defendant reserves the right to amend this Answer and to assert such additional affirmative or separate defenses as are made known during discovery. WHEREFORE, Defendant Morgenstern DeVoesick, PLLC, respectfully requests that: a. The Court dismiss the Verified Complaint in its entirety with prejudice; b. The Court award Defendant Morgenstern DeVoesick, PLLC the costs and expenses incurred in connection with this action, including reasonable attorneys’ fees; and c. The Court grant Defendant Morgenstern DeVoesick, PLLC such other and further relief as is just and proper. Dated: New York, New York November 20, 2023 LEWIS BRISBOIS BISGAARD & SMITH, LLP By: /s/ Jeffrey Y. Spiegel _______________ Jeffrey Y. Spiegel, Esq. Stephen G. Rickershauser, Esq. Attorneys for Defendant Morgenstern DeVoesick, PLLC 77 Water Street, Suite 2100 New York, New York 10005 646.783.1703 Jeffrey.spiegel@lewisbrisbois.com 132116405.1 8 8 of 9 FILED: ROCKLAND COUNTY CLERK 11/20/2023 02:35 PM INDEX NO. 030709/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/20/2023 ATTORNEY VERIFICATION Jeffrey Y. Spiegel affirms as follows: I, the undersigned, an attorney duly admitted to practice in the Courts of the State of New York, am a partner of the law firm of Lewis Brisbois Bisgaard & Smith LLP, counsel of record for Defendant Morgenstern DeVoesick, PLLC. I have read the foregoing Verified Answer and know the contents thereof; the same is true to the best of my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The undersigned's source of information is a claims file containing documents and communications had with the defendant, with which the undersigned is familiar. This Verification is made by deponent because Defendant does not reside within the county where the deponent maintains his office. I affirm that the foregoing statements made by me are true. Dated: New York, New York November 20, 2023 /s/ Jeffrey Y. Spiegel Jeffrey Y. Spiegel, Esq. 132116405.1 9 9 of 9