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FILED: NEW YORK COUNTY CLERK 09/21/2015 11:22 PM INDEX NO. 157958/2015
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/21/2015
SUPREME COURT O F T H E S T A T E O F NEW YORK
COUNTY OF NEW YORK
•X
JPRG PROPERTIBS, LLC
Plaintiff, Index No. 157958/2015
-against-
ANSWER AND
ROUFED, LLC as SELLER AEFIRMATIVE DEFENSES
and WILFRED R. DEFOUR
Defendants.
X
Defendants ROUFED, LLC and WILFRED R. DEFOUR, by and through its
attorneys, Foster Lynch & Thomas, LLC, as and for its Answer to the Verified Complaint
of JPRG Properties, LLC, dated July 15, 2015. respond as follows:
ANSWERING FACTS COMMON TO A L L CAUSES OF ACTION
FIRST: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph 'T " of the Complaint.
SECOND: Admit the allegations set forth in paragraph ' 7 " of the Complaint
except to deny that defendant Roufed, LLC is the Seller.
THIRD: Admit the allegations set forth in paragraph "3" of the Complaint
to the extent.
FOURTH: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph "4" of the Complaint.
ANSWERING FIRST C A U S E OF ACTION
FIFTH: Deny the allegations set forth in paragraph "5" of the Complaint.
SIXTH: Deny the allegations set forth in paragraph "6" of the Complaint.
SEVEN TH: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph "7" of the Complaint.
EIGHTH: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph ''8" of the Complaint.
ANSWERING SECOND CAUSE O F ACTION
NINTH: In response to paragraph ^'9" of the Complaint, defendants repeat
and reiterate the allegations set forth in paragraphs I through 8 as if fully set forth
herein.
TENTH: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph "10" of the Complaint.
ELEVENTH: Deny having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph "11" of the Complaint.
AFFIRMATIVE DEFENSES
First Affirmative Defense
TWELFTH: The Complaint fails to stale a claim upon which relief can be
granted.
THIRTEENTH: Plaintiff fails to attach to the Complaint the alleged Contract of
Sale (the "Contract") entered into by the parties on or about April of 2015 and proof
that the alleged down payment of $22,500.00 was accepted and deposited by
Defendants.
Second Affirmative Defense
FOURTEENTH: The Complaint is barred by the doctrine of unclean hands.
FIFTEENTH: Given the nonexistence of a Contract between the parties, Plaintiff
is unable to seek enforcement of the Contract and specific performance to close on
the property located at 21 East 126"' Street, New York, NY 10027.
WHEREFORE, the defendants demand judgment against plaintiff as follows:
(a) Dismissal of the Complaint in its entirety;
(b) Interest, costs and reasonable attorney's fees as permitted by law or
statute, and
(c) Such other and further relief as this Court deems just and proper.
Dated: New York, New York
September 21, 2015
Attorney for Defendants
FOSTER LYNCH & THOMAS EEC
230 West 135" Street
New York, N Y 10030
Tel. (212) 939-0700
To: Matthew Matatof, Esq.
Attorney for Plaintiff
MAVRIDES, MOYAL, PACKMAN & SADKIN, LLP
525 Northern Boulevard, Suite 210
Great Neck, NY 11021
Tel. (516) 358-7200
VERIFICATION
STATE OF NEW YORK )
) s.s.
COUNTY OF NEW YORK )
The undersigned attorney for defendant, hereby affirms pursuant to CPLR Section
2106 under penalty or perjury that affirmant has read the answer,
[X] the contents of the answer are true to affirmant's own knowledge except as to
those matters stated on information and belief, and as to those matters affirmant believes
them to be true.
[Xj the information stated above is from oral conversations and the books and records
of defendants.
[X] the defendants" attorney makes this verification pursuant to section 741 of the
Real Property Actions and Proceedings Law and section 3020 of the Civil Practice Law
and Rules. The reason a member of the Defendant does not make this verification is that
one was not available at the time the answer was prepared.
Dated: New York, New York
September 21,2015 ;
Angelica L. Thomas, Esq.
Attorney for Roufeed, LLC and
Wilfed R. Defour
FOSTER LYNCH & THOMAS LLC
230 West 135"' Street
New York, NY 10030
Tel. (212)939.0700
ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR
The undersigned, an attorney duly admitted to practice law in the courts of the
State of New York, certifies that, to the best of my knowledge, information and belief,
formed after inquiry reasonable under the circumstances, the presentation of these papers
or contentions therein are not frivolous as defined in subsection (c) of section 130-1.1 of
Rules of Chief administration (22NYCRR).
Dated: New York, New York
September 21, 2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-X
JPRG PROPERTIES, EEC Index No. 157958/2015
Plaintiff,
-against- ANSWER AND
AEFIRMATIVE DEFENSES
ROUFED, LLC as SELLER
and WILFRED R. DEFOUR
Defendants.
DEFENDANTS' ANSWER AND A F F I R M A T I V E DEFENSES
Attorney for Defendants
FOSTER LYNCH & THOMAS, LLC
301 West 135'" Street, 2""* Poor
New York, New York 10030
Telephone (212)939-0700
Preview
FILED: NEW YORK COUNTY CLERK 09/21/2015 11:22 PM INDEX NO. 157958/2015 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/21/2015 SUPREME COURT O F T H E S T A T E O F NEW YORK COUNTY OF NEW YORK •X JPRG PROPERTIBS, LLC Plaintiff, Index No. 157958/2015 -against- ANSWER AND ROUFED, LLC as SELLER AEFIRMATIVE DEFENSES and WILFRED R. DEFOUR Defendants. X Defendants ROUFED, LLC and WILFRED R. DEFOUR, by and through its attorneys, Foster Lynch & Thomas, LLC, as and for its Answer to the Verified Complaint of JPRG Properties, LLC, dated July 15, 2015. respond as follows: ANSWERING FACTS COMMON TO A L L CAUSES OF ACTION FIRST: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 'T " of the Complaint. SECOND: Admit the allegations set forth in paragraph ' 7 " of the Complaint except to deny that defendant Roufed, LLC is the Seller. THIRD: Admit the allegations set forth in paragraph "3" of the Complaint to the extent. FOURTH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "4" of the Complaint. ANSWERING FIRST C A U S E OF ACTION FIFTH: Deny the allegations set forth in paragraph "5" of the Complaint. SIXTH: Deny the allegations set forth in paragraph "6" of the Complaint. SEVEN TH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "7" of the Complaint. EIGHTH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph ''8" of the Complaint. ANSWERING SECOND CAUSE O F ACTION NINTH: In response to paragraph ^'9" of the Complaint, defendants repeat and reiterate the allegations set forth in paragraphs I through 8 as if fully set forth herein. TENTH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "10" of the Complaint. ELEVENTH: Deny having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph "11" of the Complaint. AFFIRMATIVE DEFENSES First Affirmative Defense TWELFTH: The Complaint fails to stale a claim upon which relief can be granted. THIRTEENTH: Plaintiff fails to attach to the Complaint the alleged Contract of Sale (the "Contract") entered into by the parties on or about April of 2015 and proof that the alleged down payment of $22,500.00 was accepted and deposited by Defendants. Second Affirmative Defense FOURTEENTH: The Complaint is barred by the doctrine of unclean hands. FIFTEENTH: Given the nonexistence of a Contract between the parties, Plaintiff is unable to seek enforcement of the Contract and specific performance to close on the property located at 21 East 126"' Street, New York, NY 10027. WHEREFORE, the defendants demand judgment against plaintiff as follows: (a) Dismissal of the Complaint in its entirety; (b) Interest, costs and reasonable attorney's fees as permitted by law or statute, and (c) Such other and further relief as this Court deems just and proper. Dated: New York, New York September 21, 2015 Attorney for Defendants FOSTER LYNCH & THOMAS EEC 230 West 135" Street New York, N Y 10030 Tel. (212) 939-0700 To: Matthew Matatof, Esq. Attorney for Plaintiff MAVRIDES, MOYAL, PACKMAN & SADKIN, LLP 525 Northern Boulevard, Suite 210 Great Neck, NY 11021 Tel. (516) 358-7200 VERIFICATION STATE OF NEW YORK ) ) s.s. COUNTY OF NEW YORK ) The undersigned attorney for defendant, hereby affirms pursuant to CPLR Section 2106 under penalty or perjury that affirmant has read the answer, [X] the contents of the answer are true to affirmant's own knowledge except as to those matters stated on information and belief, and as to those matters affirmant believes them to be true. [Xj the information stated above is from oral conversations and the books and records of defendants. [X] the defendants" attorney makes this verification pursuant to section 741 of the Real Property Actions and Proceedings Law and section 3020 of the Civil Practice Law and Rules. The reason a member of the Defendant does not make this verification is that one was not available at the time the answer was prepared. Dated: New York, New York September 21,2015 ; Angelica L. Thomas, Esq. Attorney for Roufeed, LLC and Wilfed R. Defour FOSTER LYNCH & THOMAS LLC 230 West 135"' Street New York, NY 10030 Tel. (212)939.0700 ATTORNEY CERTIFICATION PURSUANT TO 22 NYCRR The undersigned, an attorney duly admitted to practice law in the courts of the State of New York, certifies that, to the best of my knowledge, information and belief, formed after inquiry reasonable under the circumstances, the presentation of these papers or contentions therein are not frivolous as defined in subsection (c) of section 130-1.1 of Rules of Chief administration (22NYCRR). Dated: New York, New York September 21, 2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X JPRG PROPERTIES, EEC Index No. 157958/2015 Plaintiff, -against- ANSWER AND AEFIRMATIVE DEFENSES ROUFED, LLC as SELLER and WILFRED R. DEFOUR Defendants. DEFENDANTS' ANSWER AND A F F I R M A T I V E DEFENSES Attorney for Defendants FOSTER LYNCH & THOMAS, LLC 301 West 135'" Street, 2""* Poor New York, New York 10030 Telephone (212)939-0700