On July 01, 2019 a
Answer
was filed
involving a dispute between
Oxford Property Group, Llc,
and
Columbus Turnstyle Llc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/16/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
OXFORD PROPERTY GROUP, LLC, Index No.: 653810/2019
Plaintiff,
-against- ANSWER TO COMPLAINT
COLUMBUS TURNSTYLE LLC,
Defendant.
Defendant Columbus Turnstyle LLC (“Defendant”), by its attorneys, Olshan Frome
Wolosky LLP, for its Answer to the Complaint (the “Answer”), states as follows:
JURISDICTION AND VENUE
1. Paragraph 1 contains statements of law to which no response is required.
2. Paragraph 2 contains statements of law to which no response is required. To the
extent that a response is required, Defendant denies the allegations in Paragraph 2.
PARTIES
3. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 3.
4. Admits the allegations contained in Paragraph 4.
STATEMENT OF FACTS
5. Denies the allegations contained in Paragraph 5.
6. Denies the allegations contained in Paragraph 6.
7. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 7.
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FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/16/2019
8. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 8.
9. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in Paragraph 9.
10. Denies the allegations contained in Paragraph 10.
11. Denies the allegations contained in Paragraph 11.
12. Denies the allegations contained in Paragraph 12.
FIRST CLAIM FOR RELIEF:
BREACH OF CONTRACT
AGAINST TURNSTYLE
13. Paragraph 13 does not require a response. To the extent that a response is required,
Defendant repeats and realleges its response to each and every allegation above as though set forth
fully herein.
14. Paragraph 14 purports to state a legal conclusion to which no response is required.
To the extent that a response is required, Defendant denies the allegations in Paragraph 14.
15. Paragraph 15 purports to state a legal conclusion to which no response is required.
To the extent that a response is required, Defendant denies the allegations in Paragraph 15.
16. Paragraph 16 purports to state a legal conclusion to which no response is required.
To the extent that a response is required, Defendant denies the allegations in Paragraph 16.
17. Paragraph 17 purports to state a legal conclusion to which no response is required.
To the extent that a response is required, Defendant denies the allegations in Paragraph 17.
18. Paragraph 18 purports to state a legal conclusion to which no response is required.
To the extent that a response is required, Defendant denies the allegations in Paragraph 18.
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FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019
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AFFIRMATIVE DEFENSES
Defendant, by its attorneys, as and for its Affirmative Defenses to the Answer, alleges as
follows. By alleging that the matters set forth in these affirmative defenses, Defendant does not
allege or admit that it has the burden of proof and/or the burden of persuasion with respect to any
of these matters.
FIRST AFFIRMATIVE DEFENSE
19. The Complaint fails to state a claim upon which relief may be granted.
SECOND AFFIRMATIVE DEFENSE
20. The Complaint is barred because Plaintiff has not suffered any damages or
economic loss, and/or has failed to mitigate its damages.
THIRD AFFIRMATIVE DEFENSE
21. The Complaint is barred, in whole or in part, because any recovery by Plaintiff
would constitute unjust enrichment.
Dated: New York, New York
September 16, 2019
OLSHAN FROME WOLOSKY LLP
By: /s/ Amelia J. Hochman
Amelia J. Hochman
1325 Avenue of the Americas
New York, New York 10019
Tel.: (212) 451-2300
Fax: (212) 451-2222
Attorneys for defendant
Columbus Turnstyle LLC
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Document Filed Date
September 16, 2019
Case Filing Date
July 01, 2019
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/16/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK OXFORD PROPERTY GROUP, LLC, Index No.: 653810/2019 Plaintiff, -against- ANSWER TO COMPLAINT COLUMBUS TURNSTYLE LLC, Defendant. Defendant Columbus Turnstyle LLC (“Defendant”), by its attorneys, Olshan Frome Wolosky LLP, for its Answer to the Complaint (the “Answer”), states as follows: JURISDICTION AND VENUE 1. Paragraph 1 contains statements of law to which no response is required. 2. Paragraph 2 contains statements of law to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 2. PARTIES 3. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3. 4. Admits the allegations contained in Paragraph 4. STATEMENT OF FACTS 5. Denies the allegations contained in Paragraph 5. 6. Denies the allegations contained in Paragraph 6. 7. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 7. 5147338-1 1 of 3 FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/16/2019 8. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8. 9. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 9. 10. Denies the allegations contained in Paragraph 10. 11. Denies the allegations contained in Paragraph 11. 12. Denies the allegations contained in Paragraph 12. FIRST CLAIM FOR RELIEF: BREACH OF CONTRACT AGAINST TURNSTYLE 13. Paragraph 13 does not require a response. To the extent that a response is required, Defendant repeats and realleges its response to each and every allegation above as though set forth fully herein. 14. Paragraph 14 purports to state a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 14. 15. Paragraph 15 purports to state a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 15. 16. Paragraph 16 purports to state a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 16. 17. Paragraph 17 purports to state a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 17. 18. Paragraph 18 purports to state a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies the allegations in Paragraph 18. 2 5147338-1 2 of 3 FILED: NEW YORK COUNTY CLERK 09/16/2019 12:08 PM INDEX NO. 653810/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/16/2019 AFFIRMATIVE DEFENSES Defendant, by its attorneys, as and for its Affirmative Defenses to the Answer, alleges as follows. By alleging that the matters set forth in these affirmative defenses, Defendant does not allege or admit that it has the burden of proof and/or the burden of persuasion with respect to any of these matters. FIRST AFFIRMATIVE DEFENSE 19. The Complaint fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE 20. The Complaint is barred because Plaintiff has not suffered any damages or economic loss, and/or has failed to mitigate its damages. THIRD AFFIRMATIVE DEFENSE 21. The Complaint is barred, in whole or in part, because any recovery by Plaintiff would constitute unjust enrichment. Dated: New York, New York September 16, 2019 OLSHAN FROME WOLOSKY LLP By: /s/ Amelia J. Hochman Amelia J. Hochman 1325 Avenue of the Americas New York, New York 10019 Tel.: (212) 451-2300 Fax: (212) 451-2222 Attorneys for defendant Columbus Turnstyle LLC 3 5147338-1 3 of 3