Preview
FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------X
JOSEPH HERTZ,
Plaintiff, VERIFIED ANSWER
-against- Index No.: 526061-2019
SAMUEL HERTZ, Individually, and as the Nominated
Executor of the Purported Last Will & Testament of Mira
Hertz, dated November 26, 2008, and as Trustee of the
Mira Hertz Purported Revocable Trust Agreement, dated
November 26, 2008, and as Trustee of the Mira Hertz
Purported Family Trust Agreement, dated November 26,
2008,
Deceased.
---------------------------------------------------- ¬--X
TO THE SUPREME COURT FOR THE COUNTY OF KINGS:
Defendant Samuel Hertz, by and through his attorneys, Rivkin Radler LLP, as and for his
Verified Answer to the Verified Complaint, sworn to on November 27, 2019 (the "Complaint"),
of Plaintiff Joseph Hertz, hereby alleges as follows:
AS TO THE PARTIE_S
"1"
l. Admits the allegations set forth in paragraph of the Complaint.
"2"
2. Admits the allegations set forth in paragraph of the Complaint.
"3"
3. Admits the allegations set forth in paragraph of the Complaint, but denies the
"Purported."
characterization of the revocable trust as
"4"
4. Admits the allegations set forth in paragraph of the Complaint, but denies the
"Purported."
characterization of the irrevocable trust as
"5"
5. No response is required to the allegations set forth in paragraph of the Complaint, but
"5"
to the extent that one is required, denies the allegations set forth in paragraph of the
Complaint.
"6"
6. States that paragraph of the Complaint calls for a legal conclusion. To the extent that
"6"
a response is required, Defendant denies all the allegations set forth in paragraph of
the Complaint.
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"7"
7. Denies the allegations set forth in paragraph of the Complaint.
"8"
8. Admits the truth of the allegations set forth in paragraph of the Complaint, and
affirmatively states that Defendant did not file any Wills belonging to the Decedent or
petition to probate any Wills belonging to the Decedent with the Surrogate's Court, Kings
County.
9. Denies knowledge or information sufficient to form a belief as to the truth of the
"9"
allegations set forth in paragraph of the Complaint, except admits that Defendant is
contesting a notice of deficiency from the Internal Revenue Service, and that Defendant
is probating a Will belonging to the Decedent in Israel.
AS TO FACTS__COMMON TO ALL CAUSES OF ACTION
"10"
10. Admits the allegations set forth in paragraph of the Complaint.
"11"
11. Admits the allegations set forth in paragraph of the Complaint.
"12"
12. Admits the allegations set forth in paragraph of the Complaint.
"13"
13. Admits the allegations set forth in paragraph of the Complaint.
"14"
14. Admits the allegations set forth in paragraph of the Complaint.
"15"
15. Admits the allegations set forth in paragraph of the Complaint.
"16"
16. Admits allegations set forth in paragraph of the Complaint.
"17"
17. Admits the allegations set forth in paragraph of the Complaint.
"18"
18. Admits the allegations set forth in paragraph of the Complaint.
"19"
19. Admits the allegations set forth in paragraph of the Complaint.
AS TO WOLF HERTZ'S WILL
"20"
20. Admits the allegations set forth in paragraph of the Complaint.
21. Denies knowledge or information sufficient to form a belief as to the truth of the
"21"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to Exhibit C and, in that regard, refers the Court to the Exhibit.
22. Denies knowledge or information sufficient to form a belief as to the truth of the
"22"
allegations set forth in paragraph of the Complaint.
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23. Denies knowledge or information sufficient to form a belief as to the truth of the
"23"
allegations set forth in paragraph of the Complaint.
AS TO MIRA HERTZ'S WILL
24. Denies knowledge or information sufficient to form a belief as to the truth of the
"24"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to Exhibit F and, in that regard, refers the Court to the Exhibit.
25. Denies knowledge or information sufficient to form a belief as to the truth of the
"25"
allegations set forth in paragraph of the Complaint.
26. Denies knowledge or information sufficient to form a belief as to the truth of the
"26"
allegations set forth in paragraph of the Complaint.
"27"
27. Denies the allegations set forth in paragraph of the Complaint.
"28"
28. Denies the allegations set forth in paragraph of the Complaint.
"29"
29. Denies the allegations set forth in paragraph of the Complaint.
"30"
30. Denies the allegations set forth in paragraph of the Complaint, but admits that Scott
Eisenmesser, Esq. is a member of the law firm of Rivkin Radler LLP.
"31"
31. Denies the allegations set forth in paragraph of the Complaint, except admits that
Plaintiff did drive with Decedent to meet Scott Eisenmesser, Esq. on at least on occasion
to discuss her estate plan.
"32"
32. Denies the allegations set forth in paragraph of the Complaint.
33. Denies knowledge or information sufficient to form a belief as to the truth of the
"33"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
"34"
34. Denies the allegations set forth in paragraph of the Complaint.
"35"
35. Denies the allegations set forth in paragraph of the Complaint.
36. Denies knowledge or information sufficient to form a belief as to the truth of the
"36"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
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37. Denies knowledge or information sufficient to form a belief as to the truth of the
"37"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to Exhibit G and, in that regard, refers the Court to the Exhibit.
38. Denies knowledge or information sufficient to form a belief as to the truth of the
"38"
allegations set forth in paragraph of the Complaint, except admits that Decedent
gifted an 8% stock interest in Samjo to the Mira Hertz Family Trust on or about
November 26, 2008.
"39"
39. Admits the allegations set forth in paragraph of the Complaint, and affirmatively
avers that Defendant did not file any Wills belonging to the Decedent with the
Surrogate's Court, Kings County.
"40"
40. Admits the allegations set forth in paragraph of the Complaint, and affirmatively
avers that Samuel did not file a petition to probate any Wills belonging to the Decedent
with the Surrogate's Court, Kings County.
AS TO THE MIRA HERTZ PURPORTED TRUST AND THE PURPORTED FAMILY
TRUST
41. Denies knowledge or information sufficient to form a belief as to the truth of the
"41"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
42. Denies knowledge or information sufficient to form a belief as to the truth of the
"42"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
43. Denies knowledge or information sufficient to form a belief as to the truth of the
"43"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
44. Denies knowledge or information sufficient to form a belief as to the truth of the
"44"
allegations set forth in paragraph of the Complaint.
"45"
45. No response is required to the allegations set forth in paragraph of the Complaint,
but to the extent that one is required, Defendant refers the Court to the Exhibit.
46. Denies knowledge or information sufficient to form a belief as to the truth of the
"46"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
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47. Denies knowledge or information sufficient to form a belief as to the truth of the
"47"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to Exhibit H and, in that regard, refers the Court to the Exhibit.
48. Denies knowledge or information sufficient to form a belief as to the truth of the
"48"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
"49"
49. Admits the allegations set forth in paragraph of the Complaint, but denies the
"Purported."
characterization of the Family Trust as
AS TO THE OTHER COURT PROCEEDING§
"50"
50. Admits the allegations set forth in paragraph of the Complaint.
"51"
51. Admits the allegations set forth in paragraph of the Complaint.
"52"
52. Admits the allegations set forth in paragraph of the Complaint.
"53"
53. Admits the allegations set forth in paragraph of the Complaint to the extent that Mr.
Shpack is representing Defendant in Israel.
54. Denies knowledge or information sufficient to form a belief as to the truth of the
"54"
allegations set forth in paragraph of the Complaint.
55. Denies knowledge or information sufficient to form a belief as to the truth of the
"55"
allegations set forth in paragraph of the Complaint.
56. Denies knowledge or information sufficient to form a belief as to the truth of the
"56"
allegations set forth in paragraph of the Complaint.
"57"
57. No response is required to the allegations set forth in paragraph of the Complaint,
"57"
but to the extent one is required, denies the allegations set forth in paragraph of the
Complaint.
AS TO THE FIRST CAUSE OF ACTION FOR UNDUE INFLUENCE
"58"
58. No response is required to the allegations set forth in paragraph of the Complaint,
but to the extent one is required, Defendant repeats the allegations set forth in paragraphs
1 to 57 of this Verified Answer as if fully set forth herein.
"59"
59. Denies the allegations set forth in paragraph of the Complaint.
60. Denies knowledge or information sufficient to form a belief as to the truth of the
"60"
allegations set forth in paragraph of the Complaint.
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61. Denies knowledge or information sufficient to form a belief as to the truth of the
"61"
allegations set forth in paragraph of the Complaint.
"62"
62. Denies the allegations set forth in paragraph of the Complaint.
"63"
63. Denies the allegations set forth in paragraph of the Complaint.
64. States that paragraph 64 of the Complaint calls for a legal conclusion. To the extent that a
"64"
response is required, Defendant denies all the allegations set forth in paragraph of
the Complaint.
"65"
65. Denies the allegations set forth in paragraph of the Complaint.
"66"
66. Denies the allegations set forth in paragraph of the Complaint.
"67"
67. Denies the allegations set forth in paragraph of the Complaint.
"68"
68. Denies the allegations set forth in paragraph of the Complaint, except admits that in
or about 2008, Defendant drove with Decedent to meet with Scott Eisenmesser.
"69"
69. Denies the allegations set forth in paragraph of the Complaint.
"70"
70. Denies the allegations set forth in paragraph of the Complaint, except admits that
Defendant drove with Decedent at least on occasion to meet with Mr. Eisenmesser.
71. Denies knowledge or information sufficient to form a belief as to the truth of the
"71"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
72. Denies knowledge or information sufficient to form a belief as to the truth of the
"72"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
73. Denies knowledge or information sufficient to form a belief as to the truth of the
"73"
allegations set forth in paragraph of the Complaint.
"74"
74. Denies the allegations set forth in paragraph of the Complaint.
75. Denies knowledge or information sufficient to form a belief as to the truth of the
"75"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
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76. Denies knowledge or information sufficient to form a belief as to the truth of the
"76"
allegations set forth in paragraph of the Complaint, except to the extent that such
paragraph refers to documentary proof and, in that regard, refers the Court to the
documentary proof.
"77"
77. Denies the allegations set forth in paragraph of the Complaint.
"78"
78. Denies the allegations set forth in paragraph of the Complaint.
79. Denies knowledge or information sufficient to form a belief as to the truth of the
"79"
allegations set forth in paragraph of the Complaint.
80. Denies knowledge or information sufficient to form a belief as to the truth of the
"80"
allegations set forth in paragraph of the Complaint.
81. Denies knowledge or information sufficient to form a belief as to the truth of the
"81"
allegations set forth in paragraph of the Complaint.
"82"
82. Denies the allegations set forth in paragraph of the Complaint.
"83"
83. Denies the allegations set forth in paragraph of the Complaint.
"84"
84. Denies the allegations set forth in paragraph of the Complaint.
85. Denies knowledge or information sufficient to form a belief as to the truth of the
"85"
allegations set forth in paragraph of the Complaint.
"86"
86. Denies the allegations set forth in paragraph of the Complaint.
AS TO THE SECOND CAUSE OF ACTION FOR CONSTRUCTIVE TRUST
"87"
87. No response is required to the allegations set forth in paragraph of the Complaint,
but to the extent one is required, Defendant repeats the allegations set forth in paragraphs
1 to 86 of this Verified Answer as if fully set forth herein.
"88"
88. Denies the allegations set forth in paragraph of the Complaint.
"89"
89. Denies the allegations set forth in paragraph of the Complaint.
"90"
90. Denies the allegations set forth in paragraph of the Complaint
91. States that paragraph 91 of the Complaint calls for a legal conclusion. To the extent that a
"91"
response is required, Defendant denies the allegations set forth in paragraph of the
Complaint.
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92. Denies knowledge or information sufficient to form a belief as to the truth of the
"92"
allegations set forth in paragraph of the Complaint.
93. Denies knowledge or information sufficient to form a belief as to the truth of the
"93"
allegations set forth in paragraph of the Complaint.
"94"
94. Denies the allegations set forth in paragraph of the Complaint.
"95"
95. Denies the allegations set forth in paragraph of the Complaint.
"96"
96. No response is required to the allegations set forth
Preview
FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------X JOSEPH HERTZ, Plaintiff, VERIFIED ANSWER -against- Index No.: 526061-2019 SAMUEL HERTZ, Individually, and as the Nominated Executor of the Purported Last Will & Testament of Mira Hertz, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Revocable Trust Agreement, dated November 26, 2008, and as Trustee of the Mira Hertz Purported Family Trust Agreement, dated November 26, 2008, Deceased. ---------------------------------------------------- ¬--X TO THE SUPREME COURT FOR THE COUNTY OF KINGS: Defendant Samuel Hertz, by and through his attorneys, Rivkin Radler LLP, as and for his Verified Answer to the Verified Complaint, sworn to on November 27, 2019 (the "Complaint"), of Plaintiff Joseph Hertz, hereby alleges as follows: AS TO THE PARTIE_S "1" l. Admits the allegations set forth in paragraph of the Complaint. "2" 2. Admits the allegations set forth in paragraph of the Complaint. "3" 3. Admits the allegations set forth in paragraph of the Complaint, but denies the "Purported." characterization of the revocable trust as "4" 4. Admits the allegations set forth in paragraph of the Complaint, but denies the "Purported." characterization of the irrevocable trust as "5" 5. No response is required to the allegations set forth in paragraph of the Complaint, but "5" to the extent that one is required, denies the allegations set forth in paragraph of the Complaint. "6" 6. States that paragraph of the Complaint calls for a legal conclusion. To the extent that "6" a response is required, Defendant denies all the allegations set forth in paragraph of the Complaint. 1 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 "7" 7. Denies the allegations set forth in paragraph of the Complaint. "8" 8. Admits the truth of the allegations set forth in paragraph of the Complaint, and affirmatively states that Defendant did not file any Wills belonging to the Decedent or petition to probate any Wills belonging to the Decedent with the Surrogate's Court, Kings County. 9. Denies knowledge or information sufficient to form a belief as to the truth of the "9" allegations set forth in paragraph of the Complaint, except admits that Defendant is contesting a notice of deficiency from the Internal Revenue Service, and that Defendant is probating a Will belonging to the Decedent in Israel. AS TO FACTS__COMMON TO ALL CAUSES OF ACTION "10" 10. Admits the allegations set forth in paragraph of the Complaint. "11" 11. Admits the allegations set forth in paragraph of the Complaint. "12" 12. Admits the allegations set forth in paragraph of the Complaint. "13" 13. Admits the allegations set forth in paragraph of the Complaint. "14" 14. Admits the allegations set forth in paragraph of the Complaint. "15" 15. Admits the allegations set forth in paragraph of the Complaint. "16" 16. Admits allegations set forth in paragraph of the Complaint. "17" 17. Admits the allegations set forth in paragraph of the Complaint. "18" 18. Admits the allegations set forth in paragraph of the Complaint. "19" 19. Admits the allegations set forth in paragraph of the Complaint. AS TO WOLF HERTZ'S WILL "20" 20. Admits the allegations set forth in paragraph of the Complaint. 21. Denies knowledge or information sufficient to form a belief as to the truth of the "21" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to Exhibit C and, in that regard, refers the Court to the Exhibit. 22. Denies knowledge or information sufficient to form a belief as to the truth of the "22" allegations set forth in paragraph of the Complaint. 2 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 23. Denies knowledge or information sufficient to form a belief as to the truth of the "23" allegations set forth in paragraph of the Complaint. AS TO MIRA HERTZ'S WILL 24. Denies knowledge or information sufficient to form a belief as to the truth of the "24" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to Exhibit F and, in that regard, refers the Court to the Exhibit. 25. Denies knowledge or information sufficient to form a belief as to the truth of the "25" allegations set forth in paragraph of the Complaint. 26. Denies knowledge or information sufficient to form a belief as to the truth of the "26" allegations set forth in paragraph of the Complaint. "27" 27. Denies the allegations set forth in paragraph of the Complaint. "28" 28. Denies the allegations set forth in paragraph of the Complaint. "29" 29. Denies the allegations set forth in paragraph of the Complaint. "30" 30. Denies the allegations set forth in paragraph of the Complaint, but admits that Scott Eisenmesser, Esq. is a member of the law firm of Rivkin Radler LLP. "31" 31. Denies the allegations set forth in paragraph of the Complaint, except admits that Plaintiff did drive with Decedent to meet Scott Eisenmesser, Esq. on at least on occasion to discuss her estate plan. "32" 32. Denies the allegations set forth in paragraph of the Complaint. 33. Denies knowledge or information sufficient to form a belief as to the truth of the "33" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. "34" 34. Denies the allegations set forth in paragraph of the Complaint. "35" 35. Denies the allegations set forth in paragraph of the Complaint. 36. Denies knowledge or information sufficient to form a belief as to the truth of the "36" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 3 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 37. Denies knowledge or information sufficient to form a belief as to the truth of the "37" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to Exhibit G and, in that regard, refers the Court to the Exhibit. 38. Denies knowledge or information sufficient to form a belief as to the truth of the "38" allegations set forth in paragraph of the Complaint, except admits that Decedent gifted an 8% stock interest in Samjo to the Mira Hertz Family Trust on or about November 26, 2008. "39" 39. Admits the allegations set forth in paragraph of the Complaint, and affirmatively avers that Defendant did not file any Wills belonging to the Decedent with the Surrogate's Court, Kings County. "40" 40. Admits the allegations set forth in paragraph of the Complaint, and affirmatively avers that Samuel did not file a petition to probate any Wills belonging to the Decedent with the Surrogate's Court, Kings County. AS TO THE MIRA HERTZ PURPORTED TRUST AND THE PURPORTED FAMILY TRUST 41. Denies knowledge or information sufficient to form a belief as to the truth of the "41" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 42. Denies knowledge or information sufficient to form a belief as to the truth of the "42" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 43. Denies knowledge or information sufficient to form a belief as to the truth of the "43" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 44. Denies knowledge or information sufficient to form a belief as to the truth of the "44" allegations set forth in paragraph of the Complaint. "45" 45. No response is required to the allegations set forth in paragraph of the Complaint, but to the extent that one is required, Defendant refers the Court to the Exhibit. 46. Denies knowledge or information sufficient to form a belief as to the truth of the "46" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 4 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 47. Denies knowledge or information sufficient to form a belief as to the truth of the "47" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to Exhibit H and, in that regard, refers the Court to the Exhibit. 48. Denies knowledge or information sufficient to form a belief as to the truth of the "48" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. "49" 49. Admits the allegations set forth in paragraph of the Complaint, but denies the "Purported." characterization of the Family Trust as AS TO THE OTHER COURT PROCEEDING§ "50" 50. Admits the allegations set forth in paragraph of the Complaint. "51" 51. Admits the allegations set forth in paragraph of the Complaint. "52" 52. Admits the allegations set forth in paragraph of the Complaint. "53" 53. Admits the allegations set forth in paragraph of the Complaint to the extent that Mr. Shpack is representing Defendant in Israel. 54. Denies knowledge or information sufficient to form a belief as to the truth of the "54" allegations set forth in paragraph of the Complaint. 55. Denies knowledge or information sufficient to form a belief as to the truth of the "55" allegations set forth in paragraph of the Complaint. 56. Denies knowledge or information sufficient to form a belief as to the truth of the "56" allegations set forth in paragraph of the Complaint. "57" 57. No response is required to the allegations set forth in paragraph of the Complaint, "57" but to the extent one is required, denies the allegations set forth in paragraph of the Complaint. AS TO THE FIRST CAUSE OF ACTION FOR UNDUE INFLUENCE "58" 58. No response is required to the allegations set forth in paragraph of the Complaint, but to the extent one is required, Defendant repeats the allegations set forth in paragraphs 1 to 57 of this Verified Answer as if fully set forth herein. "59" 59. Denies the allegations set forth in paragraph of the Complaint. 60. Denies knowledge or information sufficient to form a belief as to the truth of the "60" allegations set forth in paragraph of the Complaint. 5 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 61. Denies knowledge or information sufficient to form a belief as to the truth of the "61" allegations set forth in paragraph of the Complaint. "62" 62. Denies the allegations set forth in paragraph of the Complaint. "63" 63. Denies the allegations set forth in paragraph of the Complaint. 64. States that paragraph 64 of the Complaint calls for a legal conclusion. To the extent that a "64" response is required, Defendant denies all the allegations set forth in paragraph of the Complaint. "65" 65. Denies the allegations set forth in paragraph of the Complaint. "66" 66. Denies the allegations set forth in paragraph of the Complaint. "67" 67. Denies the allegations set forth in paragraph of the Complaint. "68" 68. Denies the allegations set forth in paragraph of the Complaint, except admits that in or about 2008, Defendant drove with Decedent to meet with Scott Eisenmesser. "69" 69. Denies the allegations set forth in paragraph of the Complaint. "70" 70. Denies the allegations set forth in paragraph of the Complaint, except admits that Defendant drove with Decedent at least on occasion to meet with Mr. Eisenmesser. 71. Denies knowledge or information sufficient to form a belief as to the truth of the "71" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 72. Denies knowledge or information sufficient to form a belief as to the truth of the "72" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 73. Denies knowledge or information sufficient to form a belief as to the truth of the "73" allegations set forth in paragraph of the Complaint. "74" 74. Denies the allegations set forth in paragraph of the Complaint. 75. Denies knowledge or information sufficient to form a belief as to the truth of the "75" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. 6 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 76. Denies knowledge or information sufficient to form a belief as to the truth of the "76" allegations set forth in paragraph of the Complaint, except to the extent that such paragraph refers to documentary proof and, in that regard, refers the Court to the documentary proof. "77" 77. Denies the allegations set forth in paragraph of the Complaint. "78" 78. Denies the allegations set forth in paragraph of the Complaint. 79. Denies knowledge or information sufficient to form a belief as to the truth of the "79" allegations set forth in paragraph of the Complaint. 80. Denies knowledge or information sufficient to form a belief as to the truth of the "80" allegations set forth in paragraph of the Complaint. 81. Denies knowledge or information sufficient to form a belief as to the truth of the "81" allegations set forth in paragraph of the Complaint. "82" 82. Denies the allegations set forth in paragraph of the Complaint. "83" 83. Denies the allegations set forth in paragraph of the Complaint. "84" 84. Denies the allegations set forth in paragraph of the Complaint. 85. Denies knowledge or information sufficient to form a belief as to the truth of the "85" allegations set forth in paragraph of the Complaint. "86" 86. Denies the allegations set forth in paragraph of the Complaint. AS TO THE SECOND CAUSE OF ACTION FOR CONSTRUCTIVE TRUST "87" 87. No response is required to the allegations set forth in paragraph of the Complaint, but to the extent one is required, Defendant repeats the allegations set forth in paragraphs 1 to 86 of this Verified Answer as if fully set forth herein. "88" 88. Denies the allegations set forth in paragraph of the Complaint. "89" 89. Denies the allegations set forth in paragraph of the Complaint. "90" 90. Denies the allegations set forth in paragraph of the Complaint 91. States that paragraph 91 of the Complaint calls for a legal conclusion. To the extent that a "91" response is required, Defendant denies the allegations set forth in paragraph of the Complaint. 7 of 10 FILED: KINGS COUNTY CLERK 01/09/2020 06:34 PM INDEX NO. 526061/2019 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 01/09/2020 92. Denies knowledge or information sufficient to form a belief as to the truth of the "92" allegations set forth in paragraph of the Complaint. 93. Denies knowledge or information sufficient to form a belief as to the truth of the "93" allegations set forth in paragraph of the Complaint. "94" 94. Denies the allegations set forth in paragraph of the Complaint. "95" 95. Denies the allegations set forth in paragraph of the Complaint. "96" 96. No response is required to the allegations set forth