Preview
INDEX NO. 652637/2013
(FILED: NEW YORK COUNTY CLERK 0970372015 01:28 PM
NYSCEF DOC. NO. 284 RECEIVED NYSCEF: 09/03/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BRANDSWAY HOSPITALITY, LLC, a/k/a Index No. 652637/2013
BRANDSWAY HOSPITALITY and MATTHEW LEVINE,
VERIFIED
Plaintiffs, ANSWER
-against-
DELSHAH CAPITAL LLC, MICHAEL K. SHAH,
and VICTOR JUNG
Defendants.
wenn cee e nee e een ene nee meme nen ene n ane ne nen eennnnmnenene,
Defendants DELSHAH CAPITAL LLC, MICHAEL K. SHAH (“Defendants”) by
their attorneys, Cordova & Schwartzman, LLP, as and for their Answer to the Second
Amended Verified Complaint (the “Verified Complaint”) herein respectfully allege:
1 Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 1 of the Verified Complaint.
2. Deny the allegations set forth in paragraph 2 of the Verified Complaint.
3 Deny the allegations set forth in paragraph 3 of the Verified Complaint,
except to admit that Brandsway was terminated.
4 Deny the allegations set forth in paragraph 4 of the Verified Complaint.
5 Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 5 of the Verified Complaint.
6 Deny the allegations set forth in paragraph 6 of the Verified Complaint,
except to admit that Michael Shah is a principal of Delshah Capital LLC and non-party
Delshah Management LLC.
7 Deny the allegations set forth in paragraph 7 of the Verified Complaint.
8 Deny the allegations set forth in paragraph 8 of the Verified Complaint.
9 Deny the allegations set forth in paragraph 9 of the Verified Complaint.
10. Deny the allegations set forth in paragraph 10 of the Verified Complaint.
ll. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 11 of the Verified Complaint.
12. Deny the allegations set forth in paragraph 12 of the Verified Complaint.
13 Deny the allegations set forth in paragraph 13 of the Verified Complaint.
14. Deny the allegations set forth in paragraph 14 of the Verified Complaint
15 Deny the allegations set forth in paragraph 15 of the Verified Complaint.
16 Deny the allegations set forth in paragraph 16 of the Verified Complaint
17. Deny the allegations set forth in paragraph 17 of the Verified Complaint.
18, Deny the allegations set forth in paragraph 18 of the Verified Complaint,
except to admit that Delshah Capital LLC terminated Brandsway.
19. Deny the allegations set forth in paragraph 19 of the Verified Complaint.
20. Deny the allegations set forth in paragraph 20 of the Verified Complaint,
except to admit that Delshah Capital LLC terminated Brandsway.
21. Deny the allegations set forth in paragraph 21 of the Verified Complaint.
22. Deny the allegations set forth in paragraph 22 of the Verified Complaint.
23. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 23 of the Verified Complaint.
24, Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 24 of the Verified Complaint.
25. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 25 of the Verified Complaint.
26. Admit the allegations set forth in paragraph 26 of the Verified Complaint.
27 Admit the allegations set forth in paragraph 27 of the Verified Complaint.
28 Admit the allegations set forth in paragraph 28 of the Verified Complaint.
29 Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 29 of the Verified Complaint, except to state that
Jung is not executive vice-president of Delshah Capital.
30. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 30 of the Verified Complaint.
31. Deny the allegations set forth in paragraph 31 of the Verified Complaint,
except to admit that 133 Essex Restaurant, LLC is a New York company with its
principal place of business located in New York.
32. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 32 of the Verified Complaint does not require a response.
33. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 33 of the Verified Complaint does not require a response.
34, As this entity has been dismissed pursuant to Order of the Court,
Paragraph 34 of the Verified Complaint does not require a response.
35. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 35 of the Verified Complaint does not require a response. To the extent that a
response is due Defendants deny any allegations set forth therein.
36. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 36 of the Verified Complaint does not require a response. To the extent that a
response is due Defendants deny any allegations set forth therein.
37. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 37 of the Verified Complaint does not require a response.
38. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 38 of the Verified Complaint does not require a response. To the extent that a
response is due Defendants deny any allegations set forth therein.
39. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 39 of the Verified Complaint does not require a response.
40. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 40 of the Verified Complaint does not require a response.
4l, As this entity has been dismissed pursuant to Order of the Court,
Paragraph 41 of the Verified Complaint does not require a response.
42. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 42 of the Verified Complaint does not require a response.
43. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 43 of the Verified Complaint does not require a response. To the extent that a
response is due Defendants deny any allegations set forth therein.
44, As this entity has been dismissed pursuant to Order of the Court,
Paragraph 44 of the Verified Complaint does not require a response. To the extent that a
response is due Defendants deny any allegations set forth therein.
45. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 45 of the Verified Complaint does not require a response.
46. As this entity has been dismissed pursuant to Order of the Court,
Paragraph 46 of the Verified Complaint does not require a response.
47, As this entity has been dismissed pursuant to Order of the Court,
Paragraph 47 of the Verified Complaint does not require a response.
48. Deny the allegations set forth in paragraph 48 of the Verified Complaint,
except to admit that Choung is an employee of 133 Essex Restaurant, LLC.
49. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 49 of the Verified Complaint
50. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 50 of the Verified Complaint
51. Deny knowledge and information sufficient to form a belief as to the truth
of the allegations set forth in paragraph 51 of the Verified Complaint
ANSWERING THE FIRST CAUSE OF ACTION
52. Defendants repeat and re-allege each and every response to Paragraphs 1
through 51 of the Verified Complaint as though fully set forth here in response to
Paragraph 52 of the Verified Complaint.
53. Deny the allegations set forth in paragraph 53 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
54, Deny the allegations set forth in paragraph 54 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
55. Deny the allegations set forth in paragraph 55 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
56. Deny the allegations set forth in paragraph 56 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
57. Deny the allegations set forth in paragraph 57 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
58. Deny the allegations set forth in paragraph 58 of the Verified Complaint.
59 Deny the allegations set forth in paragraph 59 of the Verified Complaint.
60. Deny the allegations set forth in paragraph 60 of the Verified Complaint.
61 Deny the allegations set forth in paragraph 61 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
62. Deny the allegations set forth in paragraph 62 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
63. Deny the allegations set forth in paragraph 63 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof.
64. Deny the allegations set forth in paragraph 64 of the Verified Complaint,
except to admit that Delshah Capital and Brandsway entered into an agreement.
Defendants respectfully refer the Court to said agreement for the full and complete terms
thereof. In addition, as any claims seeking damages for any monies relating to Cocktail
Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or
spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any
allegations set forth in Paragraph 64 of the Verified Complaint contain no allegations of
fact which would require a response. To the extent that a response is due Defendants
deny any allegations against them set forth therein.
65. As any claims seeking damages for any monies relating to Cocktail
Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or
spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any
allegations set forth in Paragraph 65 of the Verified Complaint contain no allegations of
fact which would require a response. To the extent that a response is due Defendants
deny any allegations against them set forth therein.
66. Deny the allegations set forth in paragraph 66 of the Verified Complaint.
67. As any claims seeking damages for any monies relating to Cocktail
Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or
spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any
allegations set forth in Paragraph 67 of the Verified Complaint contain no allegations of
fact which would require a response. To the extent that a response is due Defendants
deny any allegations against them set forth therein.
68. Deny the allegations set forth in paragraph 68 of the Verified Complaint.
In addition, as any claims seeking damages for any monies relating to Cocktail Bodega,
the Meatpacking Space, the Soho Space, and Petaluma and any other venues or spaces
other than Sons of Essex have been dismissed pursuant to Order of the Court, any
allegations set forth in Paragraph 64 of the Verified Complaint contain no allegations of
fact which would require a response. To the extent that a response is due Defendants
deny any allegations against them set forth therein.
69. Deny the allegations set forth in paragraph 69 of the Verified Complaint.
70. Deny the allegations set forth in paragraph 70 of the Verified Complaint.
ANSWERING THE SECOND CAUSE OF ACTION
71. Defendants repeat and re-allege each and every response to Paragraphs 1
through 70 of the Verified Complaint as though fully set forth here in response to
Paragraph 71 of the Verified Complaint.
72. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 72 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
73. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 73 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
74, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 74 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
75. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 75 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
76. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 76 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
77. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 77 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
78. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 78 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
79. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 79 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
80. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 80 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
81. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 81 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
82. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 82 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
83. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 83 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
84. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 84 of the Verified Complaint contain no
10
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
85. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 85 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE THIRD CAUSE OF ACTION
86. Defendants repeat and re-allege each and every response to Paragraphs 1
through 85 of the Verified Complaint as though fully set forth here in response to
Paragraph 86 of the Verified Complaint.
87. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 87 of the Verified Complaint.
88. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 88 of the Verified Complaint.
89. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 89 of the Verified Complaint.
90. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 90 of the Verified Complaint.
ol. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 91 of the Verified Complaint.
92. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 92 of the Verified Complaint.
11
93. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 93 of the Verified Complaint.
94. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 94 of the Verified Complaint.
95. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 95 of the Verified Complaint.
96. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 96 of the Verified Complaint.
97. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 97 of the Verified Complaint.
98. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 98 of the Verified Complaint.
99. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 99 of the Verified Complaint.
100. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 100 of the Verified Complaint.
101. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 101 of the Verified Complaint.
102. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 102 of the Verified Complaint.
103. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 103 of the Verified Complaint.
12
104. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 104 of the Verified Complaint.
105. To the extent that this Cause of Action was not dismissed by Order of the
Court, deny the allegations set forth in paragraph 105 of the Verified Complaint.
ANSWERING THE FOURTH CAUSE OF ACTION
106. Defendants repeat and re-allege each and every response to Paragraphs 1
through 105 of the Verified Complaint as though fully set forth here in response to
Paragraph 106 of the Verified Complaint.
107. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 107 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
108. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 108 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
109. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 109 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
110. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 110 of the Verified Complaint contain no
13
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
111. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 111 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
112. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 112 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
113. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 113 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
114. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 114 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
115. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 115 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
14
ANSWERING THE FIFTH CAUSE OF ACTION
116. Defendants repeat and re-allege each and every response to Paragraphs |
through 115 of the Verified Complaint as though fully set forth here in response to
Paragraph 116 of the Verified Complaint.
117. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 117 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
118. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 118 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
119. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 119 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
120. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 120 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
121. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 121 of the Verified Complaint contain no
15
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein,
122. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 122 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
123. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 123 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
124. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 124 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
125. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 125 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
126. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 126 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
16
ANSWERING THE SIXTH CAUSE OF ACTION
127. Defendants repeat and re-allege each and every response to Paragraphs |
through 126 of the Verified Complaint as though fully set forth here in response to
Paragraph 127 of the Verified Complaint.
128. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 128 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
129. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 129 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
130. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 130 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
131. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 131 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
132. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 132 of the Verified Complaint contain no
17
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
133. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 133 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
134. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 134 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE SEVENTH CAUSE OF ACTION
135. Defendants repeat and re-allege each and every response to Paragraphs 1
through 134 of the Verified Complaint as though fully set forth here in response to
Paragraph 135 of the Verified Complaint.
136. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 136 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
137. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 137 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
18
138. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 138 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
139, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 139 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
140. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 140 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
141, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 141 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
142. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 142 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
19
ANSWERING THE EIGHTH CAUSE OF ACTION
143. Defendants repeat and re-allege each and every response to Paragraphs 1
through 142 of the Verified Complaint as though fully set forth here in response to
Paragraph 143 of the Verified Complaint.
144, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 144 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
145. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 145 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
146, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 146 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
147. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 147 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
148. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 148 of the Verified Complaint contain no
20
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
149, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 149 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE NINTH CAUSE OF ACTION
150. Defendants repeat and re-allege each and every response to Paragraphs |
through 149 of the Verified Complaint as though fully set forth here in response to
Paragraph 150 of the Verified Complaint.
151. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 151 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
152. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 152 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
153. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 153 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
21
ANSWERING THE TENTH CAUSE OF ACTION
154. Defendants repeat and re-allege each and every response to Paragraphs 1
through 153 of the Verified Complaint as though fully set forth here in response to
Paragraph 154 of the Verified Complaint.
155. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 155 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
156, As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 156 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
157. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 157 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE ELEVENTH CAUSE OF ACTION
158. Defendants repeat and re-allege each and every response to Paragraphs |
through 157 of the Verified Complaint as though fully set forth here in response to
Paragraph 158 of the Verified Complaint.
159. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 159 of the Verified Complaint contain no
22
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
160. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 160 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
161. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 161 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
162. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 162 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
163. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 163 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE TWELFTH CAUSE OF ACTION
164. Defendants repeat and re-allege each and every response to Paragraphs |
through 163 of the Verified Complaint as though fully set forth here in response to
Paragraph 164 of the Verified Complaint.
23
165. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 165 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
166. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 166 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
167. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 167 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
168. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 168 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
169. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 169 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
170. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 170 of the Verified Complaint contain no
24
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
171. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 171 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE THIRTEENTH CAUSE OF ACTION
172. Defendants repeat and re-allege each and every response to Paragraphs |
through 171 of the Verified Complaint as though fully set forth here in response to
Paragraph 172 of the Verified Complaint.
173. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 173 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
174. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 174 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
175. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 175 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
25
176. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 176 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
177. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 177 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
178. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 178 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
179. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 179 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
180. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 180 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
181. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 181 of the Verified Complaint contain no
26
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
182. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 182 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
183. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 183 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
184. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 184 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
ANSWERING THE FOURTEENTH CAUSE OF ACTION
185. Defendants repeat and re-allege each and every response to Paragraphs 1
through 184 of the Verified Complaint as though fully set forth here in response to
Paragraph 185 of the Verified Complaint.
186. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 186 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
27
187. As this Cause of Action has been dismissed pursuant to Order of the
Court, the allegations set forth in Paragraph 187 of the Verified Complaint contain no
allegations of fact which would require a response. To the extent that a response is due
Defendants deny any allegations against them set forth therein.
188. As
Preview
INDEX NO. 652637/2013 (FILED: NEW YORK COUNTY CLERK 0970372015 01:28 PM NYSCEF DOC. NO. 284 RECEIVED NYSCEF: 09/03/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BRANDSWAY HOSPITALITY, LLC, a/k/a Index No. 652637/2013 BRANDSWAY HOSPITALITY and MATTHEW LEVINE, VERIFIED Plaintiffs, ANSWER -against- DELSHAH CAPITAL LLC, MICHAEL K. SHAH, and VICTOR JUNG Defendants. wenn cee e nee e een ene nee meme nen ene n ane ne nen eennnnmnenene, Defendants DELSHAH CAPITAL LLC, MICHAEL K. SHAH (“Defendants”) by their attorneys, Cordova & Schwartzman, LLP, as and for their Answer to the Second Amended Verified Complaint (the “Verified Complaint”) herein respectfully allege: 1 Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of the Verified Complaint. 2. Deny the allegations set forth in paragraph 2 of the Verified Complaint. 3 Deny the allegations set forth in paragraph 3 of the Verified Complaint, except to admit that Brandsway was terminated. 4 Deny the allegations set forth in paragraph 4 of the Verified Complaint. 5 Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of the Verified Complaint. 6 Deny the allegations set forth in paragraph 6 of the Verified Complaint, except to admit that Michael Shah is a principal of Delshah Capital LLC and non-party Delshah Management LLC. 7 Deny the allegations set forth in paragraph 7 of the Verified Complaint. 8 Deny the allegations set forth in paragraph 8 of the Verified Complaint. 9 Deny the allegations set forth in paragraph 9 of the Verified Complaint. 10. Deny the allegations set forth in paragraph 10 of the Verified Complaint. ll. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of the Verified Complaint. 12. Deny the allegations set forth in paragraph 12 of the Verified Complaint. 13 Deny the allegations set forth in paragraph 13 of the Verified Complaint. 14. Deny the allegations set forth in paragraph 14 of the Verified Complaint 15 Deny the allegations set forth in paragraph 15 of the Verified Complaint. 16 Deny the allegations set forth in paragraph 16 of the Verified Complaint 17. Deny the allegations set forth in paragraph 17 of the Verified Complaint. 18, Deny the allegations set forth in paragraph 18 of the Verified Complaint, except to admit that Delshah Capital LLC terminated Brandsway. 19. Deny the allegations set forth in paragraph 19 of the Verified Complaint. 20. Deny the allegations set forth in paragraph 20 of the Verified Complaint, except to admit that Delshah Capital LLC terminated Brandsway. 21. Deny the allegations set forth in paragraph 21 of the Verified Complaint. 22. Deny the allegations set forth in paragraph 22 of the Verified Complaint. 23. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of the Verified Complaint. 24, Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of the Verified Complaint. 25. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 25 of the Verified Complaint. 26. Admit the allegations set forth in paragraph 26 of the Verified Complaint. 27 Admit the allegations set forth in paragraph 27 of the Verified Complaint. 28 Admit the allegations set forth in paragraph 28 of the Verified Complaint. 29 Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 29 of the Verified Complaint, except to state that Jung is not executive vice-president of Delshah Capital. 30. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 30 of the Verified Complaint. 31. Deny the allegations set forth in paragraph 31 of the Verified Complaint, except to admit that 133 Essex Restaurant, LLC is a New York company with its principal place of business located in New York. 32. As this entity has been dismissed pursuant to Order of the Court, Paragraph 32 of the Verified Complaint does not require a response. 33. As this entity has been dismissed pursuant to Order of the Court, Paragraph 33 of the Verified Complaint does not require a response. 34, As this entity has been dismissed pursuant to Order of the Court, Paragraph 34 of the Verified Complaint does not require a response. 35. As this entity has been dismissed pursuant to Order of the Court, Paragraph 35 of the Verified Complaint does not require a response. To the extent that a response is due Defendants deny any allegations set forth therein. 36. As this entity has been dismissed pursuant to Order of the Court, Paragraph 36 of the Verified Complaint does not require a response. To the extent that a response is due Defendants deny any allegations set forth therein. 37. As this entity has been dismissed pursuant to Order of the Court, Paragraph 37 of the Verified Complaint does not require a response. 38. As this entity has been dismissed pursuant to Order of the Court, Paragraph 38 of the Verified Complaint does not require a response. To the extent that a response is due Defendants deny any allegations set forth therein. 39. As this entity has been dismissed pursuant to Order of the Court, Paragraph 39 of the Verified Complaint does not require a response. 40. As this entity has been dismissed pursuant to Order of the Court, Paragraph 40 of the Verified Complaint does not require a response. 4l, As this entity has been dismissed pursuant to Order of the Court, Paragraph 41 of the Verified Complaint does not require a response. 42. As this entity has been dismissed pursuant to Order of the Court, Paragraph 42 of the Verified Complaint does not require a response. 43. As this entity has been dismissed pursuant to Order of the Court, Paragraph 43 of the Verified Complaint does not require a response. To the extent that a response is due Defendants deny any allegations set forth therein. 44, As this entity has been dismissed pursuant to Order of the Court, Paragraph 44 of the Verified Complaint does not require a response. To the extent that a response is due Defendants deny any allegations set forth therein. 45. As this entity has been dismissed pursuant to Order of the Court, Paragraph 45 of the Verified Complaint does not require a response. 46. As this entity has been dismissed pursuant to Order of the Court, Paragraph 46 of the Verified Complaint does not require a response. 47, As this entity has been dismissed pursuant to Order of the Court, Paragraph 47 of the Verified Complaint does not require a response. 48. Deny the allegations set forth in paragraph 48 of the Verified Complaint, except to admit that Choung is an employee of 133 Essex Restaurant, LLC. 49. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 49 of the Verified Complaint 50. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 50 of the Verified Complaint 51. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 51 of the Verified Complaint ANSWERING THE FIRST CAUSE OF ACTION 52. Defendants repeat and re-allege each and every response to Paragraphs 1 through 51 of the Verified Complaint as though fully set forth here in response to Paragraph 52 of the Verified Complaint. 53. Deny the allegations set forth in paragraph 53 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 54, Deny the allegations set forth in paragraph 54 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 55. Deny the allegations set forth in paragraph 55 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 56. Deny the allegations set forth in paragraph 56 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 57. Deny the allegations set forth in paragraph 57 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 58. Deny the allegations set forth in paragraph 58 of the Verified Complaint. 59 Deny the allegations set forth in paragraph 59 of the Verified Complaint. 60. Deny the allegations set forth in paragraph 60 of the Verified Complaint. 61 Deny the allegations set forth in paragraph 61 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 62. Deny the allegations set forth in paragraph 62 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 63. Deny the allegations set forth in paragraph 63 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. 64. Deny the allegations set forth in paragraph 64 of the Verified Complaint, except to admit that Delshah Capital and Brandsway entered into an agreement. Defendants respectfully refer the Court to said agreement for the full and complete terms thereof. In addition, as any claims seeking damages for any monies relating to Cocktail Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any allegations set forth in Paragraph 64 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 65. As any claims seeking damages for any monies relating to Cocktail Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any allegations set forth in Paragraph 65 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 66. Deny the allegations set forth in paragraph 66 of the Verified Complaint. 67. As any claims seeking damages for any monies relating to Cocktail Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any allegations set forth in Paragraph 67 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 68. Deny the allegations set forth in paragraph 68 of the Verified Complaint. In addition, as any claims seeking damages for any monies relating to Cocktail Bodega, the Meatpacking Space, the Soho Space, and Petaluma and any other venues or spaces other than Sons of Essex have been dismissed pursuant to Order of the Court, any allegations set forth in Paragraph 64 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 69. Deny the allegations set forth in paragraph 69 of the Verified Complaint. 70. Deny the allegations set forth in paragraph 70 of the Verified Complaint. ANSWERING THE SECOND CAUSE OF ACTION 71. Defendants repeat and re-allege each and every response to Paragraphs 1 through 70 of the Verified Complaint as though fully set forth here in response to Paragraph 71 of the Verified Complaint. 72. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 72 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 73. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 73 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 74, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 74 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 75. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 75 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 76. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 76 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 77. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 77 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 78. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 78 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 79. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 79 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 80. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 80 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 81. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 81 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 82. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 82 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 83. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 83 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 84. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 84 of the Verified Complaint contain no 10 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 85. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 85 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE THIRD CAUSE OF ACTION 86. Defendants repeat and re-allege each and every response to Paragraphs 1 through 85 of the Verified Complaint as though fully set forth here in response to Paragraph 86 of the Verified Complaint. 87. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 87 of the Verified Complaint. 88. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 88 of the Verified Complaint. 89. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 89 of the Verified Complaint. 90. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 90 of the Verified Complaint. ol. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 91 of the Verified Complaint. 92. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 92 of the Verified Complaint. 11 93. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 93 of the Verified Complaint. 94. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 94 of the Verified Complaint. 95. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 95 of the Verified Complaint. 96. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 96 of the Verified Complaint. 97. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 97 of the Verified Complaint. 98. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 98 of the Verified Complaint. 99. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 99 of the Verified Complaint. 100. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 100 of the Verified Complaint. 101. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 101 of the Verified Complaint. 102. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 102 of the Verified Complaint. 103. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 103 of the Verified Complaint. 12 104. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 104 of the Verified Complaint. 105. To the extent that this Cause of Action was not dismissed by Order of the Court, deny the allegations set forth in paragraph 105 of the Verified Complaint. ANSWERING THE FOURTH CAUSE OF ACTION 106. Defendants repeat and re-allege each and every response to Paragraphs 1 through 105 of the Verified Complaint as though fully set forth here in response to Paragraph 106 of the Verified Complaint. 107. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 107 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 108. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 108 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 109. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 109 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 110. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 110 of the Verified Complaint contain no 13 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 111. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 111 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 112. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 112 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 113. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 113 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 114. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 114 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 115. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 115 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 14 ANSWERING THE FIFTH CAUSE OF ACTION 116. Defendants repeat and re-allege each and every response to Paragraphs | through 115 of the Verified Complaint as though fully set forth here in response to Paragraph 116 of the Verified Complaint. 117. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 117 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 118. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 118 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 119. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 119 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 120. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 120 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 121. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 121 of the Verified Complaint contain no 15 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein, 122. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 122 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 123. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 123 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 124. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 124 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 125. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 125 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 126. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 126 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 16 ANSWERING THE SIXTH CAUSE OF ACTION 127. Defendants repeat and re-allege each and every response to Paragraphs | through 126 of the Verified Complaint as though fully set forth here in response to Paragraph 127 of the Verified Complaint. 128. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 128 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 129. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 129 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 130. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 130 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 131. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 131 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 132. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 132 of the Verified Complaint contain no 17 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 133. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 133 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 134. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 134 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE SEVENTH CAUSE OF ACTION 135. Defendants repeat and re-allege each and every response to Paragraphs 1 through 134 of the Verified Complaint as though fully set forth here in response to Paragraph 135 of the Verified Complaint. 136. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 136 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 137. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 137 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 18 138. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 138 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 139, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 139 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 140. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 140 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 141, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 141 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 142. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 142 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 19 ANSWERING THE EIGHTH CAUSE OF ACTION 143. Defendants repeat and re-allege each and every response to Paragraphs 1 through 142 of the Verified Complaint as though fully set forth here in response to Paragraph 143 of the Verified Complaint. 144, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 144 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 145. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 145 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 146, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 146 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 147. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 147 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 148. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 148 of the Verified Complaint contain no 20 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 149, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 149 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE NINTH CAUSE OF ACTION 150. Defendants repeat and re-allege each and every response to Paragraphs | through 149 of the Verified Complaint as though fully set forth here in response to Paragraph 150 of the Verified Complaint. 151. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 151 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 152. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 152 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 153. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 153 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 21 ANSWERING THE TENTH CAUSE OF ACTION 154. Defendants repeat and re-allege each and every response to Paragraphs 1 through 153 of the Verified Complaint as though fully set forth here in response to Paragraph 154 of the Verified Complaint. 155. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 155 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 156, As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 156 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 157. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 157 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE ELEVENTH CAUSE OF ACTION 158. Defendants repeat and re-allege each and every response to Paragraphs | through 157 of the Verified Complaint as though fully set forth here in response to Paragraph 158 of the Verified Complaint. 159. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 159 of the Verified Complaint contain no 22 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 160. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 160 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 161. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 161 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 162. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 162 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 163. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 163 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE TWELFTH CAUSE OF ACTION 164. Defendants repeat and re-allege each and every response to Paragraphs | through 163 of the Verified Complaint as though fully set forth here in response to Paragraph 164 of the Verified Complaint. 23 165. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 165 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 166. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 166 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 167. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 167 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 168. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 168 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 169. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 169 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 170. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 170 of the Verified Complaint contain no 24 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 171. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 171 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE THIRTEENTH CAUSE OF ACTION 172. Defendants repeat and re-allege each and every response to Paragraphs | through 171 of the Verified Complaint as though fully set forth here in response to Paragraph 172 of the Verified Complaint. 173. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 173 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 174. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 174 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 175. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 175 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 25 176. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 176 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 177. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 177 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 178. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 178 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 179. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 179 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 180. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 180 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 181. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 181 of the Verified Complaint contain no 26 allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 182. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 182 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 183. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 183 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 184. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 184 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. ANSWERING THE FOURTEENTH CAUSE OF ACTION 185. Defendants repeat and re-allege each and every response to Paragraphs 1 through 184 of the Verified Complaint as though fully set forth here in response to Paragraph 185 of the Verified Complaint. 186. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 186 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 27 187. As this Cause of Action has been dismissed pursuant to Order of the Court, the allegations set forth in Paragraph 187 of the Verified Complaint contain no allegations of fact which would require a response. To the extent that a response is due Defendants deny any allegations against them set forth therein. 188. As