On December 20, 2019 a
Answer
was filed
involving a dispute between
D&T Cabinets, Inc.,
and
Doran Pergament,
for Commercial - Contract
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---_______,..--.-------- ----------------------------------X
D & T CABINETS, INC., Index No. 617783/2019
Plaintiff,
VERIFIED ANSWER
-against- WITH AFFIRMATIVE
DEFENSES
DORAN PERGAMENT,
Defendant.
__-----------------_______---___--------_____----------------X
Defendant DORON PERGAMENT by his attorney, LAW OFFICES OF ALAN C. STEIN
PC, answers Plaintiff's Complaint as follows:
1. Defendant denies any knowledge or information to form a belief as to the truth of
"3," "4," "5," "6"
the allegations contained in paragraphs "1", "2", and of the Complaint.
"7" "8"
2. Defendant denies the allegations contained in paragraphs and of the
Complaint.
3. Defendant repeats and realleges the admissions, denials and denials of knowledge
"9"
and information as contained in paragraph hereof with the same force and effect as if more
fully set forth herein.
"10," "11," "12"
4. Defendant denies the allegations contained in paragraphs and of
the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Each cause of action asserted by Plaintiff fails to state a cause of action upon which relief
can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
Any damages sustained by the Plaintiff were caused by the culpable conduct of the
Plaintiff and not by the culpable conduct of the Defendant.
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FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Plaintiff's claims must be dismissed by virtue of equitable estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Plaintiff's causes of action are barred by the doctrines of waiver and estoppel.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Any damages Plaintiff may have suffered which the Defendant continues to deny, were
the
direct and proximate result of the conduct of Plaintiff, barring Plaintiff from any recovery.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Plaintiff is barred from any recovery due to its inequitable conduct, behavior and/or
unclean hands.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
Plaintiff's claims are barred by virtue of their various breaches of the Agreements
between
the parties.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
Plaintiff's claims and the relief they seek are barred by unjust enrichment.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
Plaintiff failed to serve or file any Demand or Statements to create an account stated.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
Plaintiff failed to mitigate its damages.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
Plaintiff breached the agreement and is solely entitled to the quantum merit value of its
services rendered.
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FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020
Dated: Woodbury, NY
February 10, 2020
Yours, etc.
Ala C. Stein, Esq,f
Attorney for Defendant
7600 Jericho Turnpike
Woodbury, NY 11797
(516) 932-1800
To: LAW OFFICES OF EDWARD WEISSMAN
Attorney for Plaintiff
880 Third Avenue
15th
FlOOr
New York, NY 10022
(212) 937-1520
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FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020
CLIENT VERIFICATION
STATE OF NEW YORK )
) : as.:
COUNTY OF NASSAU )
DORON PERGAMENT, being duly sworn, deposes and says:
That I am the Defendant in the within action; that I have read the foregaing Verified
Answer with Affirmative Defenses and know the contents thereof; and the same is true to my
own knowledge, except as to the matters therein stated to be alle ed upon information and belief,
and as to those matters, I believe them to be true.
ORON PERGAMENT
Sworn to before rne this
/ o d
y of February, 2020
N Public
KlM HASSAN
Public, State of NewYork
Notary
No. 01HA6326090
Qualified in Nassau County
Commission Expires June 15, 20.__
4 of 4
Document Filed Date
February 10, 2020
Case Filing Date
December 20, 2019
Category
Commercial - Contract
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FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---_______,..--.-------- ----------------------------------X D & T CABINETS, INC., Index No. 617783/2019 Plaintiff, VERIFIED ANSWER -against- WITH AFFIRMATIVE DEFENSES DORAN PERGAMENT, Defendant. __-----------------_______---___--------_____----------------X Defendant DORON PERGAMENT by his attorney, LAW OFFICES OF ALAN C. STEIN PC, answers Plaintiff's Complaint as follows: 1. Defendant denies any knowledge or information to form a belief as to the truth of "3," "4," "5," "6" the allegations contained in paragraphs "1", "2", and of the Complaint. "7" "8" 2. Defendant denies the allegations contained in paragraphs and of the Complaint. 3. Defendant repeats and realleges the admissions, denials and denials of knowledge "9" and information as contained in paragraph hereof with the same force and effect as if more fully set forth herein. "10," "11," "12" 4. Defendant denies the allegations contained in paragraphs and of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Each cause of action asserted by Plaintiff fails to state a cause of action upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE Any damages sustained by the Plaintiff were caused by the culpable conduct of the Plaintiff and not by the culpable conduct of the Defendant. 1 of 4 FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020 AS AND FOR A THIRD AFFIRMATIVE DEFENSE Plaintiff's claims must be dismissed by virtue of equitable estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Plaintiff's causes of action are barred by the doctrines of waiver and estoppel. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Any damages Plaintiff may have suffered which the Defendant continues to deny, were the direct and proximate result of the conduct of Plaintiff, barring Plaintiff from any recovery. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Plaintiff is barred from any recovery due to its inequitable conduct, behavior and/or unclean hands. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred by virtue of their various breaches of the Agreements between the parties. AS AND FOR A NINTH AFFIRMATIVE DEFENSE Plaintiff's claims and the relief they seek are barred by unjust enrichment. AS AND FOR A TENTH AFFIRMATIVE DEFENSE Plaintiff failed to serve or file any Demand or Statements to create an account stated. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate its damages. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Plaintiff breached the agreement and is solely entitled to the quantum merit value of its services rendered. 2 of 4 FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020 Dated: Woodbury, NY February 10, 2020 Yours, etc. Ala C. Stein, Esq,f Attorney for Defendant 7600 Jericho Turnpike Woodbury, NY 11797 (516) 932-1800 To: LAW OFFICES OF EDWARD WEISSMAN Attorney for Plaintiff 880 Third Avenue 15th FlOOr New York, NY 10022 (212) 937-1520 3 of 4 FILED: NASSAU COUNTY CLERK 02/10/2020 03:47 PM INDEX NO. 617783/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/10/2020 CLIENT VERIFICATION STATE OF NEW YORK ) ) : as.: COUNTY OF NASSAU ) DORON PERGAMENT, being duly sworn, deposes and says: That I am the Defendant in the within action; that I have read the foregaing Verified Answer with Affirmative Defenses and know the contents thereof; and the same is true to my own knowledge, except as to the matters therein stated to be alle ed upon information and belief, and as to those matters, I believe them to be true. ORON PERGAMENT Sworn to before rne this / o d y of February, 2020 N Public KlM HASSAN Public, State of NewYork Notary No. 01HA6326090 Qualified in Nassau County Commission Expires June 15, 20.__ 4 of 4