Preview
INDEX NO. 508364/2013
(FILED: KINGS COUNTY CLERK 0471672014)
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/16/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Sistas saree reeasiieeeeeinensenmEe eae,
ROC ATLANTIC INNOVATIVE
HOLDINGS CORP., Index No. 508364/13
Plaintiff, VERIFIED REPLY
-against-
GREGORY REID, 2276 ATLANTIC LLC and
“JOHN DOE”
Defendants.
one -X
Plaintiff, ROC ATLANTIC INNOVATIVE HOLDINGS LLC., by its attorneys Cyruli
Shanks Hart & Zizmor LLP, as and for its reply to the counterclaim of the defendant 2276
Atlantic LLC states as follows:
1 Answering paragraph 5 of the first counterclaim, Denies knowledge or
information sufficient to form a belief as to whether the mortgage was held by HSBC Bank
USA.
2. Denies knowledge or information sufficient to form a belief with respect to the
allegations contained in paragraphs 6 and 7 of the first counterclaim.
3 Denies each and every allegation contained in paragraph 8 of the first
counterclaim. .
4. Answering paragraph 9 of the first counterclaim, avers that no response is
required and refers all questions of law to the court for determination.
5 Denies knowledge or information sufficient to form a belief with respect to the
allegations contained in paragraph 10 of the first counterclaim.
6 Answering paragraphs 11 and 12 of the first counterclaim, avers that no response
is required and refers all questions of law to the court for determination.
WHEREFORE the plaintiff demands judgment:
(a) Dismissing defendant’s counterclaim, together with such other and further relief
as this court deems just and proper.
Yours, et
Cyruli Sidnk, art & Zizmor LLP
Attorn Plaintiff
By:
Russell Shanks
420 Lexington Avenue, Suite 2320
New York, New York 10170
(212) 661-6800
To:
Delbello Donellan Weingarte
Wise & Wiederkehr
Attorneys for Defendant
2276 Atlantic LLC.
One North Lexington Avenue
White Plains, New York
(914) 681-0200
Dollinger, Gonski & Grossman
Attorneys for Defendant
2276 Atlantic LLC.
One Old Country Road
Carle Place, New York 11514
(516) 747-1010
Gregory Reid
14180 SE29th Ave.
Belleview, FL 34420
AFFIRMATION OF SERVICE
Russell Shanks, being an attorney duly admitted to the practice of law in the State of New
York, residing in Monmouth County, New Jersey affirms the following under the penalties of
perjury:
THAT on the ik Fyivy of April, 2014 affirmant served the annexed Reply upon:
Delbello Donellan Weingarte
Wise & Wiederkehr
Attorneys for Defendant
2276 Atlantic LLC.
One North Lexington Avenue
White Plains, New York
(914) 681-0200
Dollinger, Gonski & Grossman
Attorneys for Defendant
2276 Atlantic LLC.
One Old Country Road
Carle Place, New York 11514
(516) 747-1010
Gregory Reid
14180 SE29th Ave.
Belleview, FL 34420
at the addresses designated by said parties and attorneys for that purpose by mailing the same in
a sealed envelope, with postage prepaid thereon, by first class mail in an official depository of
the U.S. Postal Service within the State of New York
Dated: New York, New York
April/42014
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
I, the undersigned, am an attorney admitted to practice in the Courts of New York, I
have read the foregoing reply, the same is true to my knowledge, except as to matters therein
stated to be alleged on information and belief, and as to those matters I believe it to be true. My
belief as to those matters therein stated upon knowledge is based upon the following:
Conversations with Plaintiff's and Books and records in my possession.
The reason I make this affirmation instead of Plaintiff is that said Plaintiff is located
in a County other than that of the undersigned’s office; pursuant to CPLR #3020(
Dated: New York, New York
April ,2014
Russell Shanks
STATE OF NEW YORK, COUNTY OF ssi
1, the undersigned, am an attorney admitted to practice in the courts of New York, and
a certify that the annexed
provers has been compared by me with the original and found to be a true and complete copy thereof.
© comooton
say that: J am the attomey of record, or of counsel with the attomey(s) of record, for
- [have read the annexed
2 mroineys know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information
B weteaton
ow and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon
Aneesion knowledge, is based upon the following.
‘The reason I make this affirmation instead of is
1 affirm that the foregoing statements are true under penalties of perjury.
Dated:
(Print signer’s
name below signerure)
STATE OF NEW YORK, COUNTY OF $8
being swom says: am
0 in the action herein; I have read the annexed
Inch know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on
| verison information and belief, and as to those matters I believe them to be true.
E \verttoanon
coro
the of
a corporittion, one of the parties to the action; { have read the annexed
know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on
information and belief, and as to those matters I believe them to be true.
My belief, as to those matters therein not stated upon knowledge, is based upon the following:
Sworn to before me on +20
{Prin sgn name Below sgntre)
STATE OF NEW YORK, COUNTY OF Sst
being swom says: I am not a party to the action, am over 18 years of
age and reside at
On 20. I served a true copy of the annexed
in the following manner:
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service,
seedee addressed to the address of the addressee(s) indicated below, which has been designated for service by the addressee(s) or, if no stich address
by Mat has beer: designated, is the last-known address of the addressee(:
by delivering the same personally to the persons at the address indicated below:
by transmitting the same to the attorney by facsimile transmission to the facsimile telephone number designated by the attorney for that
purpose, In doing so, I received a signal from the equipment of the attomey served indicating that the transmission was received,
extceby and maied a copy of same to that attomey, in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the
US. Postal Service, addressed to the address of the addressee(s) as indicated below, which has been designated for service by the
addressee(s) or, if no such address has been designated, is the last-known address of the addressee(s):
service Dy by transinitting the same to the attomey by electronic means upon the party's written consent. In doing so,| indicated in the subject matter
ecronie
‘Woon
heading that the matter being transmitted electronically is related to a court proceeding:
by depositing the same with an overnight delivery service in a wrapper properly addressed, the address having been designated by the
Oveinlght addressee(s) for that purpose or, if none is designated, to the last-known address of addressee(s). Said delivery was made prior to the latest
‘Sevace time designated by the overnight delivery service for overnight delivery. The address and delivery service are indicated below:
‘Swom to before me on
(rin signers wane below sigatie)
Preview
INDEX NO. 508364/2013 (FILED: KINGS COUNTY CLERK 0471672014) NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/16/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Sistas saree reeasiieeeeeinensenmEe eae, ROC ATLANTIC INNOVATIVE HOLDINGS CORP., Index No. 508364/13 Plaintiff, VERIFIED REPLY -against- GREGORY REID, 2276 ATLANTIC LLC and “JOHN DOE” Defendants. one -X Plaintiff, ROC ATLANTIC INNOVATIVE HOLDINGS LLC., by its attorneys Cyruli Shanks Hart & Zizmor LLP, as and for its reply to the counterclaim of the defendant 2276 Atlantic LLC states as follows: 1 Answering paragraph 5 of the first counterclaim, Denies knowledge or information sufficient to form a belief as to whether the mortgage was held by HSBC Bank USA. 2. Denies knowledge or information sufficient to form a belief with respect to the allegations contained in paragraphs 6 and 7 of the first counterclaim. 3 Denies each and every allegation contained in paragraph 8 of the first counterclaim. . 4. Answering paragraph 9 of the first counterclaim, avers that no response is required and refers all questions of law to the court for determination. 5 Denies knowledge or information sufficient to form a belief with respect to the allegations contained in paragraph 10 of the first counterclaim. 6 Answering paragraphs 11 and 12 of the first counterclaim, avers that no response is required and refers all questions of law to the court for determination. WHEREFORE the plaintiff demands judgment: (a) Dismissing defendant’s counterclaim, together with such other and further relief as this court deems just and proper. Yours, et Cyruli Sidnk, art & Zizmor LLP Attorn Plaintiff By: Russell Shanks 420 Lexington Avenue, Suite 2320 New York, New York 10170 (212) 661-6800 To: Delbello Donellan Weingarte Wise & Wiederkehr Attorneys for Defendant 2276 Atlantic LLC. One North Lexington Avenue White Plains, New York (914) 681-0200 Dollinger, Gonski & Grossman Attorneys for Defendant 2276 Atlantic LLC. One Old Country Road Carle Place, New York 11514 (516) 747-1010 Gregory Reid 14180 SE29th Ave. Belleview, FL 34420 AFFIRMATION OF SERVICE Russell Shanks, being an attorney duly admitted to the practice of law in the State of New York, residing in Monmouth County, New Jersey affirms the following under the penalties of perjury: THAT on the ik Fyivy of April, 2014 affirmant served the annexed Reply upon: Delbello Donellan Weingarte Wise & Wiederkehr Attorneys for Defendant 2276 Atlantic LLC. One North Lexington Avenue White Plains, New York (914) 681-0200 Dollinger, Gonski & Grossman Attorneys for Defendant 2276 Atlantic LLC. One Old Country Road Carle Place, New York 11514 (516) 747-1010 Gregory Reid 14180 SE29th Ave. Belleview, FL 34420 at the addresses designated by said parties and attorneys for that purpose by mailing the same in a sealed envelope, with postage prepaid thereon, by first class mail in an official depository of the U.S. Postal Service within the State of New York Dated: New York, New York April/42014 STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) I, the undersigned, am an attorney admitted to practice in the Courts of New York, I have read the foregoing reply, the same is true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. My belief as to those matters therein stated upon knowledge is based upon the following: Conversations with Plaintiff's and Books and records in my possession. The reason I make this affirmation instead of Plaintiff is that said Plaintiff is located in a County other than that of the undersigned’s office; pursuant to CPLR #3020( Dated: New York, New York April ,2014 Russell Shanks STATE OF NEW YORK, COUNTY OF ssi 1, the undersigned, am an attorney admitted to practice in the courts of New York, and a certify that the annexed provers has been compared by me with the original and found to be a true and complete copy thereof. © comooton say that: J am the attomey of record, or of counsel with the attomey(s) of record, for - [have read the annexed 2 mroineys know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information B weteaton ow and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon Aneesion knowledge, is based upon the following. ‘The reason I make this affirmation instead of is 1 affirm that the foregoing statements are true under penalties of perjury. Dated: (Print signer’s name below signerure) STATE OF NEW YORK, COUNTY OF $8 being swom says: am 0 in the action herein; I have read the annexed Inch know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on | verison information and belief, and as to those matters I believe them to be true. E \verttoanon coro the of a corporittion, one of the parties to the action; { have read the annexed know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Sworn to before me on +20 {Prin sgn name Below sgntre) STATE OF NEW YORK, COUNTY OF Sst being swom says: I am not a party to the action, am over 18 years of age and reside at On 20. I served a true copy of the annexed in the following manner: by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service, seedee addressed to the address of the addressee(s) indicated below, which has been designated for service by the addressee(s) or, if no stich address by Mat has beer: designated, is the last-known address of the addressee(: by delivering the same personally to the persons at the address indicated below: by transmitting the same to the attorney by facsimile transmission to the facsimile telephone number designated by the attorney for that purpose, In doing so, I received a signal from the equipment of the attomey served indicating that the transmission was received, extceby and maied a copy of same to that attomey, in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the US. Postal Service, addressed to the address of the addressee(s) as indicated below, which has been designated for service by the addressee(s) or, if no such address has been designated, is the last-known address of the addressee(s): service Dy by transinitting the same to the attomey by electronic means upon the party's written consent. In doing so,| indicated in the subject matter ecronie ‘Woon heading that the matter being transmitted electronically is related to a court proceeding: by depositing the same with an overnight delivery service in a wrapper properly addressed, the address having been designated by the Oveinlght addressee(s) for that purpose or, if none is designated, to the last-known address of addressee(s). Said delivery was made prior to the latest ‘Sevace time designated by the overnight delivery service for overnight delivery. The address and delivery service are indicated below: ‘Swom to before me on (rin signers wane below sigatie)