On February 01, 2024 a
Answer
was filed
involving a dispute between
92Nd Street 8 Llc,
and
Fadila Lynda Ouhenia-Hudson,
for Real Property - Other (COMMERCIAL GUARANTY)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024
Supreme Court of the State of New York
County of New York
-------------------------------------------------------------------------X Index No. 150961/2024
92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND
STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET
5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, and
92ND STREET 8 LLC, VERIFIED
Plaintiffs, ANSWER
-against-
FADILA LYNDA OUHENIA-HUDSON,
Defendant.
----------------------------------------------------------------------X
Defendant FADILA LYNDA OUHENIA-HUDSON, (“Defendant”), by her undersigned counsel
and for her Answer and Affirmative Defenses to the Complaint, answers the Complaint as
follows:
1. General Denial.
AFFIRMATIVE DEFENSES
In further answer to the Complaint, Defendant hereby pleads and affirmatively sets forth
the below defenses, undertaking the burden of proof on such defenses only to the extent
required by law.
FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a cause of action.
SECOND AFFIRMATIVE DEFENSE
To the extent Plaintiffs sought and failed to obtain recovery in any other case based
upon the same factual allegations, Plaintiff is barred from seeking recovery against
Defendant pursuant to the doctrine of res judicata and/or collateral estoppel.
THIRD AFFIRMATIVE DEFENSE
The Complaint fails to present a justiciable controversy.
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FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024
FOURTH AFFIRMATIVE DEFENSE
To the extent that predicate notices for rent arrears were required for Commercial Stores
#1 and #2, upon information and belief either such notice(s) were never given or, if
given, such notices were ineffective because they were not accompanied by proof of the
agent's authority to bind the landlord.
FIFTH AFIRMATIVE DEFENSE
Plaintiff is barred from proceeding under the doctrine of waiver, laches, ratification,
unclean hands and/or equitable estoppel.
SIXTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are precluded by documentary evidence.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiff’s claims are barred by the applicable statute of limitations
PRESERVATION OF DEFENSES
Defendant has not knowingly or intentionally waived any applicable affirmative
defenses and specifically reserves the right to assert other affirmative defenses that she
may have or that may be revealed by discovery or further investigation of this matter.
Dated: New York, New York
March 30, 2024
____________________________
By: Timothy L. Collins
Collins Dobkin & Miller LLP
277 Broadway, Suite 1410
New York, NY 10007
914-960-4975
Counsel for Defendant
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FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024
VERIFICATION
Timothy Collins, an attorney duly admitted to practice in the Courts of the State
of New York, affirms the following under penalties of perjury:
1. I am a member of the firm of Collins, Dobkin & Miller LLP,
attorneys for Defendant in this action.
2. I have read the foregoing Answer and know the contents thereof; that the same
are true based upon information and belief, the source of my belief being documents in my files
and conversations with the Defendant, and that as to those matters I believe them to be true.
3. I make this verification in place of Defendant for the reason that Defendant is
not currently present in the County in which my office is located. The statements therein are true
based upon my review of relevant records and documents and my conversations with
Defendants.
Dated: Irvington, New York
March 30, 2024
__________________________________
TIMOTHY L. COLLINS
3 of 3
Document Filed Date
March 30, 2024
Case Filing Date
February 01, 2024
Category
Real Property - Other (COMMERCIAL GUARANTY)
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Preview
FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024 Supreme Court of the State of New York County of New York -------------------------------------------------------------------------X Index No. 150961/2024 92ND STREET 1 LLC, 92ND STREET 2 LLC, 92ND STREET 3 LLC, 92ND STREET 4 LLC, 92ND STREET 5 LLC, 92ND STREET 6 LLC, 92ND STREET 7 LLC, and 92ND STREET 8 LLC, VERIFIED Plaintiffs, ANSWER -against- FADILA LYNDA OUHENIA-HUDSON, Defendant. ----------------------------------------------------------------------X Defendant FADILA LYNDA OUHENIA-HUDSON, (“Defendant”), by her undersigned counsel and for her Answer and Affirmative Defenses to the Complaint, answers the Complaint as follows: 1. General Denial. AFFIRMATIVE DEFENSES In further answer to the Complaint, Defendant hereby pleads and affirmatively sets forth the below defenses, undertaking the burden of proof on such defenses only to the extent required by law. FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action. SECOND AFFIRMATIVE DEFENSE To the extent Plaintiffs sought and failed to obtain recovery in any other case based upon the same factual allegations, Plaintiff is barred from seeking recovery against Defendant pursuant to the doctrine of res judicata and/or collateral estoppel. THIRD AFFIRMATIVE DEFENSE The Complaint fails to present a justiciable controversy. 1 of 3 FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024 FOURTH AFFIRMATIVE DEFENSE To the extent that predicate notices for rent arrears were required for Commercial Stores #1 and #2, upon information and belief either such notice(s) were never given or, if given, such notices were ineffective because they were not accompanied by proof of the agent's authority to bind the landlord. FIFTH AFIRMATIVE DEFENSE Plaintiff is barred from proceeding under the doctrine of waiver, laches, ratification, unclean hands and/or equitable estoppel. SIXTH AFFIRMATIVE DEFENSE Plaintiff’s claims are precluded by documentary evidence. SEVENTH AFFIRMATIVE DEFENSE Plaintiff’s claims are barred by the applicable statute of limitations PRESERVATION OF DEFENSES Defendant has not knowingly or intentionally waived any applicable affirmative defenses and specifically reserves the right to assert other affirmative defenses that she may have or that may be revealed by discovery or further investigation of this matter. Dated: New York, New York March 30, 2024 ____________________________ By: Timothy L. Collins Collins Dobkin & Miller LLP 277 Broadway, Suite 1410 New York, NY 10007 914-960-4975 Counsel for Defendant 2 of 3 FILED: NEW YORK COUNTY CLERK 03/30/2024 10:34 PM INDEX NO. 150961/2024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/30/2024 VERIFICATION Timothy Collins, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following under penalties of perjury: 1. I am a member of the firm of Collins, Dobkin & Miller LLP, attorneys for Defendant in this action. 2. I have read the foregoing Answer and know the contents thereof; that the same are true based upon information and belief, the source of my belief being documents in my files and conversations with the Defendant, and that as to those matters I believe them to be true. 3. I make this verification in place of Defendant for the reason that Defendant is not currently present in the County in which my office is located. The statements therein are true based upon my review of relevant records and documents and my conversations with Defendants. Dated: Irvington, New York March 30, 2024 __________________________________ TIMOTHY L. COLLINS 3 of 3