On August 06, 2015 a
Motion-Secondary
was filed
involving a dispute between
Crepini Llc,
and
Boris Tulman,
Cooltech Mechanical Corp.,
Cooltech Mechanical Group, Inc.,
Eugene Tulman,
Mikhail Tulman,
Milmar Food Group Ii, Llc,
Milmar Food Group, Llc,
Milmar Llc,
Mr Holding Company, Llc,
for Commercial Division
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017
SUPREME COURT OF THE ST ATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------)(
CREPINI LLC,
Plaintitl Index No.: 509700/2015
EUGENE TULMAN, BORIS TULMAN, REPLY TO EUGENE TULMAN
MIKHAIL TOLMAN, COOL TECH MECHANICAL AND MIKHAIL TULMAN'S
CORP., COOLTECH MECHANICAL GROUP, INC., AMENDED ANSWER WITH
MILMAR LLC, MILMAR FOOD GROUP, LLC, COUNTERCLAIMS
MILMAR FOOD GROUP II, LLC, and
MR HOLDING COMPANY, LLC,
Defendants.
----------------------------------------------------------------------)(
Plaintiff Crepini LLC, by its attorneys, LaRocca Hornik Rosen Greenberg & Blaha LLP,
as and for its reply to the amended answer with counterclaims of defendants Eugene Tulman and
Mikhail Tulman (collectively the "Tulman Defendants"), alleges as follows:
1. Plaintiff hereby repeats, reiterates and incorporates by reference its entire reply to
counterclaims and affirmative defenses, inclusive of responsive paragraphs 1 through 37, dated
November 24, 2015.
AS AND FORA FIRST AFFIRMATIVE
DEFENSE TO THE COUNTERCLAIMS
The Counterclaims fail to state a cause of action against plaintiff upon which relief can be
granted by the Court.
AS AND FOR A SECOND AFFIRMATIVE
DEFENSE TO THE COUNTERCLAIMS
The Counterclaims are barred, in whole or in part, on the grounds of estoppel, waiver,
ratification, !aches, or unclean hands.
l'.\18~66.02\Lilig.1tion\Jlcply lo Tulm.:m~ Amc-nd Ans\n:r & CC.doc
1 of 3
FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017
AS AND FOR A THIRD AFFIRMATIVE
DEFENSE TO THE COUNTERCLAIMS
Plaintiff has no contractual or any other legal obligation to Eugene Tulman or Mikhail
Tulman.
AS AND FOR A FOURTH AFFIRMATIVE
DEFENSE TO THE COUNTERCLAIMS
The Counterclaims are barred, in whole or in part, by the doctrine of equitable estoppel.
AS AND FOR A FIFTH AFFIRMATIVE
DEFENSE TO THE COUNTERCLAIMS
The Counterclaims are barred by applicable statutes of limitation.
WHEREFORE, plaintiff Crepini LLC demands judgment dismissing the Counterclaims
in their entirety, and granting plaintiff's demand for judgment as set forth in the Amended
Complaint together with the costs and disbursements of this action and such other and further
relief that this Court may deem just and proper.
Dated: New York, New York
April 5, 2017
LAROCCA HORNIK ROSEN
GREENBERG & BLAHA LLP
Attorneys/or Plaint(/f
Crepini LLC
. '\_\
Patrick McPartland, Esq.
40 Wall Street, 32nd Floor
New York, NY 10005
T: (212) 530-4837
E: PMCPARTLAND@LHRGB.COM
2
2 of 3
FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017
To: Hayes Young, Esq.
The Law Offices of Hayes Young, P.A.
233 Broadway, Suite 2305
New York, NY 10007
Attorneys.for Defendants
Eugene Tu/man and Mikhail T\1/man
Andrew Muchmore, Esq.
Law Office of Andrew Muchmore
217 Havemeyer Street, 4th Floor
Brooklyn, NY 11211
Counsel for Cooltech Defendants
3
3 of 3
Document Filed Date
April 05, 2017
Case Filing Date
August 06, 2015
Category
Commercial Division
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FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017 SUPREME COURT OF THE ST ATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------)( CREPINI LLC, Plaintitl Index No.: 509700/2015 EUGENE TULMAN, BORIS TULMAN, REPLY TO EUGENE TULMAN MIKHAIL TOLMAN, COOL TECH MECHANICAL AND MIKHAIL TULMAN'S CORP., COOLTECH MECHANICAL GROUP, INC., AMENDED ANSWER WITH MILMAR LLC, MILMAR FOOD GROUP, LLC, COUNTERCLAIMS MILMAR FOOD GROUP II, LLC, and MR HOLDING COMPANY, LLC, Defendants. ----------------------------------------------------------------------)( Plaintiff Crepini LLC, by its attorneys, LaRocca Hornik Rosen Greenberg & Blaha LLP, as and for its reply to the amended answer with counterclaims of defendants Eugene Tulman and Mikhail Tulman (collectively the "Tulman Defendants"), alleges as follows: 1. Plaintiff hereby repeats, reiterates and incorporates by reference its entire reply to counterclaims and affirmative defenses, inclusive of responsive paragraphs 1 through 37, dated November 24, 2015. AS AND FORA FIRST AFFIRMATIVE DEFENSE TO THE COUNTERCLAIMS The Counterclaims fail to state a cause of action against plaintiff upon which relief can be granted by the Court. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TO THE COUNTERCLAIMS The Counterclaims are barred, in whole or in part, on the grounds of estoppel, waiver, ratification, !aches, or unclean hands. l'.\18~66.02\Lilig.1tion\Jlcply lo Tulm.:m~ Amc-nd Ans\n:r & CC.doc 1 of 3 FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017 AS AND FOR A THIRD AFFIRMATIVE DEFENSE TO THE COUNTERCLAIMS Plaintiff has no contractual or any other legal obligation to Eugene Tulman or Mikhail Tulman. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE TO THE COUNTERCLAIMS The Counterclaims are barred, in whole or in part, by the doctrine of equitable estoppel. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TO THE COUNTERCLAIMS The Counterclaims are barred by applicable statutes of limitation. WHEREFORE, plaintiff Crepini LLC demands judgment dismissing the Counterclaims in their entirety, and granting plaintiff's demand for judgment as set forth in the Amended Complaint together with the costs and disbursements of this action and such other and further relief that this Court may deem just and proper. Dated: New York, New York April 5, 2017 LAROCCA HORNIK ROSEN GREENBERG & BLAHA LLP Attorneys/or Plaint(/f Crepini LLC . '\_\ Patrick McPartland, Esq. 40 Wall Street, 32nd Floor New York, NY 10005 T: (212) 530-4837 E: PMCPARTLAND@LHRGB.COM 2 2 of 3 FILED: KINGS COUNTY CLERK 04/05/2017 05:42 PM INDEX NO. 509700/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 04/05/2017 To: Hayes Young, Esq. The Law Offices of Hayes Young, P.A. 233 Broadway, Suite 2305 New York, NY 10007 Attorneys.for Defendants Eugene Tu/man and Mikhail T\1/man Andrew Muchmore, Esq. Law Office of Andrew Muchmore 217 Havemeyer Street, 4th Floor Brooklyn, NY 11211 Counsel for Cooltech Defendants 3 3 of 3