On February 13, 2014 a
Answer
was filed
involving a dispute between
Helen Siller Individually And Derivatively As A Shareholder Of And On Behalf Of The Third Brevoort Corp,
and
Andrew Baum,
Barbara Eisenberg,
Bonnie Hiller,
Christine Beck,
Cliff Russo,
Diane C Nardone,
Elizabeth Louie,
George Aloi,
Jane Warren,
John C Woell,
Mortimor C Lazarus,
The Third Brevoort Corporation,
for Real Property - Other
in the District Court of New York County.
Preview
(FILED: NEW YORK COUNTY CLERK 0371072014) INDEX NO. 151313/2014
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/10/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
mene nen eee nen eeen nee ne nemennnne’
HELEN SILLER, Index No. 151313/2014
Plaintiff,
VERIFIED ANSWER
- against -
THE THIRD BREVOORT CORPORATION,
Defendant.
earn nnn nanan nnn nnn neem ene nnennenennmeeneeneeeeone,
Defendant The Third Brevoort Corporation (“Defendant”) by its undersigned attorneys,
Abrams Garfinkel Margolis Bergson, LLP, for its answer to the verified complaint
(“Complaint”) of plaintiff Helen Siller (“Plaintiff”), alleges as follows:
1 Denies the allegations set forth in paragraph 1 of the Complaint.
2. Denies the allegations set forth in paragraph 2 of the Complaint.
3 Denies the allegations set forth in paragraph 3 of the Complaint and respectfully
refer the Court to the By-laws for a complete and accurate statement of their terms.
4 Denies the allegations set forth in paragraph 4 of the Complaint and refers the
Court to the referenced document for a complete and accurate statement of its terms.
5 Denies the allegations set forth in paragraph 5 of the Complaint.
6 Denies the allegations set forth in paragraph 6 of the Complaint.
Denies the allegations set forth in paragraph 7 of the Complaint
Denies the allegations set forth in paragraph 8 of the Complaint.
Denies the allegations set forth in paragraph 9 of the Complaint.
10. Denies the allegations set forth in paragraphs 10, 10.1, 10.2, 10.3, 10.4 and 10.5
of the Complaint on the ground that they call for a legal conclusion and refers the Court to the
referenced document for a determination as to the interpretation and significance of any of its
provisions.
il Denies the allegations set forth in paragraph 11 of the Complaint.
12 Denies the allegations set forth in paragraph 12 of the Complaint.
13 Denies the allegations set forth in paragraph 13 of the Complaint.
14 Denies the allegations set forth in paragraph 14 of the Complaint.
15. Denies the allegations set forth in paragraph 15 of the Complaint.
16. Denies the allegations set forth in paragraph 16 of the Complaint.
17 Denies the allegations set forth in paragraph 17 of the Complaint and respectfully
refers all matters of law to the Court.
18. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 18 of the Complaint except denies the allegation
that Plaintiff is not in default of any of her obligations to defendant.
19, Denies the allegations set forth in paragraph 19 of the Complaint and respectfully
refers all matters of law to the Court.
20. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 20 of the Complaint.
21. Denies the allegations set forth in paragraph 21 of the Complaint.
22. Admits the allegations set forth in paragraph 22 of the Complaint.
23. Denies the allegations set forth in paragraph 23 of the Complaint and respectfully
refers all matters of law to the Court.
24. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 24 of the Complaint.
25. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 25 of the Complaint.
26. Denies the allegations set forth in paragraph 26 of the Complaint and respectfully
refers all matters of law to the Court.
27. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 27 of the Complaint.
28. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 28 of the Complaint.
29. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 29 of the Complaint.
30. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 30 of the Complaint.
31. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 31 of the Complaint.
32. Denies the allegations set forth in paragraph 32 of the Complaint except admits
that an alteration agreement was executed in or about 1990.
33. Denies the allegations set forth in paragraph 33 of the Complaint except admits
that Defendant’s 1985 House Rules were in effect in 1990 and refers the Court to the referenced
1985 House Rules for a complete and accurate statement of their terms.
34. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 34 of the Complaint.
35. Denies the allegations set forth in paragraph 35 of the Complaint.
36. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 36 of the Complaint.
37. Denies the allegations set forth in paragraph 37 of the Complaint.
38. Denies the allegations set forth in paragraph 38 of the Complaint.
39. Denies the allegations set forth in paragraph 39 of the Complaint and respectfully
refers all matters of law to the Court.
40. Denies the allegations set forth in paragraph 40 of the Complaint except admits
that Diane C. Nardone, Esq. is the President of Defendant’s Board of Directors and is an attorney
licensed to practice in the State of New York.
41. Denies knowledge and information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 41 of the Complaint.
42. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 42 of the Complaint.
43. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 43 of the Complaint.
44. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 44 of the Complaint.
45. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 45 of the Complaint.
46. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 46 of the Complaint.
47. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 47 of the Complaint.
48. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 48 of the Complaint.
49, Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 49 of the Complaint.
50. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 50 of the Complaint.
51. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 51 of the Complaint.
52. Denies the allegations set forth in paragraph 52 of the Complaint.
53. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 53 of the Complaint.
54. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 54 of the Complaint.
55. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 55 of the Complaint.
56. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 56 of the Complaint.
357. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 57 of the Complaint.
58. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 58 of the Complaint.
59 Denies the allegations set forth in paragraph 59 of the Complaint
60. Denies the allegations set forth in paragraph 60 of the Complaint
61 Denies the allegations set forth in paragraph 61 of the Complaint.
62. Denies the allegations set forth in paragraph 62 of the Complaint.
63 Denies the allegations set forth in paragraph 63 of the Complaint.
64. Denies the allegations set forth in paragraph 64 of the Complaint.
65 Denies the allegations set forth in paragraph 65 of the Complaint.
66. Denies the allegations set forth in paragraph 66 of the Complaint.
67. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 67 of the Complaint.
68. Denies knowledge of information sufficient to form a belief as to the truth or the
falsity of the allegations set forth in paragraph 68 of the Complaint as to what Plaintiff believes.
69. Denies the allegations set forth in paragraph 69 of the Complaint and respectfully
refers all matters of law to the Court.
RESPONDING TO THE FIRST CAUSE OF ACTION
@eclaratory Judgment as to Plaintiff’s Right to Install A New Washer/Dryer)
70. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
71. Denies the allegations set forth in paragraph 71 of the Complaint and respectfully
refers all matters of law to the Court.
72. Denies the allegations set forth in paragraph 72 of the Complaint.
RESPONDING TO THE SECOND CAUSE OF ACTION
(Weclaratory Judgment as to Plaintiffs Right to Replace All of the 23 Year Old Conditions)
723. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
74, Denies the allegations set forth in paragraph 74 of the Complaint.
RESPONDING TO THE THIRD CAUSE OF ACTION
(@eclaratory Judgment as to Nullity of 2012 House Rules)
75. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
76. Denies the allegations set forth in paragraph 76 of the Complaint.
RESPONDING TO THE FOURTH CAUSE OF ACTION
(Declaratory Judgment as to Barring Defendant’s Alleged Rights)
77. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
78. Denies the allegations set forth in paragraph 78 of the Complaint.
RESPONDING TO THE FIFTH CAUSE OF ACTION
@eclaratory Judgment as Alternative Relief that Defendant Must Pay Costs)
79. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
80. Denies the allegations set forth in paragraph 80 of the Complaint.
RESPONDING TO THE SIXTH CAUSE OF ACTION
(Injunction Not to Interfere With New Washer/Dryer)
81. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
82. Denies the allegations set forth in paragraph 82 of the Complaint.
RESPONDING TO THE SEVENTH CAUSE OF ACTION
(Injunction Barring Defendants Alleged Rights)
83. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
84. Denies the allegations set forth in paragraph 84 of the Complaint.
RESPONDING TO THE EIGHTH CAUSE OF ACTION
(injunction Barring Defendant From Deeming This Action ‘Objectionable Conduct’)
85. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
86. Denies the allegations set forth in paragraph 86 of the Complaint.
RESPONDING TO THE NINTH CAUSE OF ACTION
(Specific Enforcement of Contracts)
87. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
88. Denies the allegations set forth in paragraph 88 of the Complaint.
RESPONDING TO THE TENTH CAUSE OF ACTION
(Breach of Warranty of Habitability)
89. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
90. Denies the allegations set forth in paragraph 90 of the Complaint
91 Denies the allegations set forth in paragraph 91 of the Complaint.
92 Denies the allegations set forth in paragraph 92 of the Complaint.
93 Denies the allegations set forth in paragraph 93 of the Complaint
RESPONDING TO THE ELEVENTH CAUSE OF ACTION
(Prima Facie Tort and Punitive Damages)
94. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
95. Denies the allegations set forth in paragraph 95 of the Complaint.
96. Denies the allegations set forth in paragraph 96 of the Complaint.
RESPONDING TO THE TWELFTH CAUSE OF ACTION
(Attorneys’ Fees and Expenses)
97. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
98. Denies the allegations set forth in paragraph 98 of the Complaint and refers the
Court to the referenced document for a complete and accurate statement of its terms
99. Denies the allegations set forth in paragraph 99 of the Complaint and respectfully
refers all matters of law to the Court
100. Admits that Plaintiff purports to be seeking an award of reasonable attorneys’ fees
and expenses but denies that Plaintiff has any right to request or recover such alleged fees and
expenses as alleged in paragraph 100 of the Complaint.
RESPONDING TO THE THIRTEENTH CAUSE OF ACTION
(Breach of Covenant of Quiet Enjoyment)
101. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
102. Denies the allegations set forth in paragraph 102 of the Complaint and refers the
Court to the referenced document for a complete and accurate statement of its terms.
103. Denies the allegations set forth in paragraph 103 of the Complaint.
104, Denies the allegations set forth in paragraph 104 of the Complaint.
105. Denies the allegations set forth in paragraph 105 of the Complaint.
RESPONDING TO THE FOURTEENTH CAUSE OF ACTION
(Detrimental Reliance)
106. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
107. Denies the allegations set forth in paragraph 107 of the Complaint.
108. Denies the allegations set forth in paragraph 108 of the Complaint.
RESPONDING TO THE FIFTEENTH CAUSE OF ACTION
(Breach of Contract)
109. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
110. Denies the allegations set forth in paragraph 110 of the Complaint.
RESPONDING TO THE SIXTEENTH CAUSE OF ACTION
(Promissory Estoppel)
111. Repeats and realleges each and every paragraph set forth above as if fully and
completely set forth herein.
112. Denies the allegations set forth in paragraph 112 of the Complaint.
113. Denies the allegations set forth in paragraph 113 of the Complaint.
FIRST AFFIRMATIVE DEFENSE
114. The Complaint fails to state a cause of action, in whole or in part.
SECOND AFFIRMATIVE DEFENSE
115. Plaintiff has not sustained any injury, damages, or other harm as a result of any
act or omission of Defendant.
10
THIRD AFFIRMATIVE DEFENSE
116. Defendant did not engage in any unlawful or otherwise wrongful conduct as
alleged in the Complaint.
FOURTH AFFIRMATIVE DEFENSE
117. Defendant at all times acted in good faith, in full compliance with applicable law
and without malice or intent to injure Plaintiff.
FIFTH AFFIRMATIVE DEFENSE
118. Defendant at all times acted in accordance with the By-laws of Defendant.
SIXTH AFFIRMATIVE DEFENSE
119. Defendant at all times acted in accordance with the proprietary lease, alteration
agreement and any other contracts with Plaintiff or obligations to Plaintiff.
SEVENTH AFFIRMATIVE DEFENSE
120. Plaintiff's claims are barred by a Release.
EIGHTH AFFIRMATIVE DEFENSE
121. Plaintiff's action is barred by her failure to give the contractually required notice
to Defendant pursuant to the proprietary lease.
NINTH AFFIRMATIVE DEFENSE
122, Plaintiff has failed to fulfill all of her obligations under the proprietary lease
and/or other Co-op documents.
TENTH AFFIRMATIVE DEFENSE
123. Defendant did not owe any duty to Plaintiff and, to the extent any duty existed,
Defendant did not violate or breach any duty to Plaintiff.
ll
ELEVENTH AFFIRMATIVE DEFENSE
124. The Business Judgment Rule bars judicial inquiry into Defendant’s actions
thereby precluding Plaintiff's claims.
TWELFTH AFFIRMATIVE DEFENSE
125. Plaintiffs claims are barred, in whole or in part, by the equitable doctrines of
estoppel, waiver and/or unclean hands.
THIRTEENTH AFFIRMATIVE DEFENSE
126. Plaintiff failed to mitigate damages.
FOURTEENTH AFFIRMATIVE DEFENSE
127. Plaintiff has an adequate remedy at law.
FIFTEENTH AFFIRMATIVE DEFENSE
128. Plaintiff's Complaint is void ab initio or otherwise invalid because it was
improperly filed by her husband-counsel, a key fact witness, in violation of the “lawyer as
witness” Rule.
SIXTEENTH AFFIRMATIVE DEFENSE
129. Plaintiff has no special damages.
SEVENTEENTH AFFIRMATIVE DEFENSE
130. Plaintiffis not entitled to punitive damages or attorneys fees as a matter of law.
EIGHTEENTH AFFIRMATIVE DEFENSE
131. Plaintiff’s claims are barred by documentary evidence.
NINETEENTH AFFIRMATIVE DEFENSE
132. Plaintiff forfeited any alleged right to install the appliances of her choice by
accepting the cooperative form of ownership.
12
TWENTIETH AFFIRMATIVE DEFENSE
133. Plaintiff's claims are barred by the applicable statute(s) of limitations.
TWENTY FIRST AFFIRMATIVE DEFENSE
134. Defendant reserves the right to allege any and all additional defenses which may
become known to it after the date hereof.
WHEREFORE, Defendant denies that Plaintiff is entitled to a judgment or any other
relief against it, including but not limited to the relief requested in the WHEREFORE clause of
the Complaint and Defendant respectfully requests that the Court enter judgment:
(a) Dismissing the Complaint with prejudice against Defendant, and granting
Defendant the costs incurred in defending this lawsuit, including reasonable attorneys’ fees, as
permitted by statute, rule of court, or otherwise; and
(b) Granting to Defendant such other and further relief as the Court may deem just
and proper.
Dated: New York, New York
March 10, 2014
ABRAMS GARFINKEL
MARGOLIS BERGSON, LLP
By
5
Barry G. Margoli:
Eric B. Post
1430 Broadway, 17" Floor
New York, New York 10018
(212) 201-1170
Attorneys for Defendant
The Third Brevoort Corporation
13
VERIFICATION
STATE QF NEW YORK )
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COUNTY OF Svttu// +
DIANE C. NARDONE, being duly sworn, deposes and says:
I am the President of The Third Brevoort Corporation, the defendant in the above-
referenced action. | am authorized to execute this verification on behalf of The Third Brevoort
Corporation. I have read the foregoing answer and know the contents thereof; and that the same
is true to my own knowledge, except as to the matters therein stated to be alleged upon
information and belief and as to those matters, believe it to be true.
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"DIANE C. NABID ON:
Sworn to before me this
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16th day of March, 2014
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Ud GAR WM BY
—_— NOTA BLIC
SUSAN SIMMONS
Notary Pubilc, State of New York
No, 01816241265
‘Qualified In Sutfalk County
Commission Expires May 18, 2016
Preview
(FILED: NEW YORK COUNTY CLERK 0371072014) INDEX NO. 151313/2014 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/10/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK mene nen eee nen eeen nee ne nemennnne’ HELEN SILLER, Index No. 151313/2014 Plaintiff, VERIFIED ANSWER - against - THE THIRD BREVOORT CORPORATION, Defendant. earn nnn nanan nnn nnn neem ene nnennenennmeeneeneeeeone, Defendant The Third Brevoort Corporation (“Defendant”) by its undersigned attorneys, Abrams Garfinkel Margolis Bergson, LLP, for its answer to the verified complaint (“Complaint”) of plaintiff Helen Siller (“Plaintiff”), alleges as follows: 1 Denies the allegations set forth in paragraph 1 of the Complaint. 2. Denies the allegations set forth in paragraph 2 of the Complaint. 3 Denies the allegations set forth in paragraph 3 of the Complaint and respectfully refer the Court to the By-laws for a complete and accurate statement of their terms. 4 Denies the allegations set forth in paragraph 4 of the Complaint and refers the Court to the referenced document for a complete and accurate statement of its terms. 5 Denies the allegations set forth in paragraph 5 of the Complaint. 6 Denies the allegations set forth in paragraph 6 of the Complaint. Denies the allegations set forth in paragraph 7 of the Complaint Denies the allegations set forth in paragraph 8 of the Complaint. Denies the allegations set forth in paragraph 9 of the Complaint. 10. Denies the allegations set forth in paragraphs 10, 10.1, 10.2, 10.3, 10.4 and 10.5 of the Complaint on the ground that they call for a legal conclusion and refers the Court to the referenced document for a determination as to the interpretation and significance of any of its provisions. il Denies the allegations set forth in paragraph 11 of the Complaint. 12 Denies the allegations set forth in paragraph 12 of the Complaint. 13 Denies the allegations set forth in paragraph 13 of the Complaint. 14 Denies the allegations set forth in paragraph 14 of the Complaint. 15. Denies the allegations set forth in paragraph 15 of the Complaint. 16. Denies the allegations set forth in paragraph 16 of the Complaint. 17 Denies the allegations set forth in paragraph 17 of the Complaint and respectfully refers all matters of law to the Court. 18. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 18 of the Complaint except denies the allegation that Plaintiff is not in default of any of her obligations to defendant. 19, Denies the allegations set forth in paragraph 19 of the Complaint and respectfully refers all matters of law to the Court. 20. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 20 of the Complaint. 21. Denies the allegations set forth in paragraph 21 of the Complaint. 22. Admits the allegations set forth in paragraph 22 of the Complaint. 23. Denies the allegations set forth in paragraph 23 of the Complaint and respectfully refers all matters of law to the Court. 24. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 24 of the Complaint. 25. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 25 of the Complaint. 26. Denies the allegations set forth in paragraph 26 of the Complaint and respectfully refers all matters of law to the Court. 27. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 27 of the Complaint. 28. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 28 of the Complaint. 29. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 29 of the Complaint. 30. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 30 of the Complaint. 31. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 31 of the Complaint. 32. Denies the allegations set forth in paragraph 32 of the Complaint except admits that an alteration agreement was executed in or about 1990. 33. Denies the allegations set forth in paragraph 33 of the Complaint except admits that Defendant’s 1985 House Rules were in effect in 1990 and refers the Court to the referenced 1985 House Rules for a complete and accurate statement of their terms. 34. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 34 of the Complaint. 35. Denies the allegations set forth in paragraph 35 of the Complaint. 36. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 36 of the Complaint. 37. Denies the allegations set forth in paragraph 37 of the Complaint. 38. Denies the allegations set forth in paragraph 38 of the Complaint. 39. Denies the allegations set forth in paragraph 39 of the Complaint and respectfully refers all matters of law to the Court. 40. Denies the allegations set forth in paragraph 40 of the Complaint except admits that Diane C. Nardone, Esq. is the President of Defendant’s Board of Directors and is an attorney licensed to practice in the State of New York. 41. Denies knowledge and information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 41 of the Complaint. 42. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 42 of the Complaint. 43. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 43 of the Complaint. 44. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 44 of the Complaint. 45. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 45 of the Complaint. 46. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 46 of the Complaint. 47. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 47 of the Complaint. 48. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 48 of the Complaint. 49, Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 49 of the Complaint. 50. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 50 of the Complaint. 51. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 51 of the Complaint. 52. Denies the allegations set forth in paragraph 52 of the Complaint. 53. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 53 of the Complaint. 54. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 54 of the Complaint. 55. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 55 of the Complaint. 56. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 56 of the Complaint. 357. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 57 of the Complaint. 58. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 58 of the Complaint. 59 Denies the allegations set forth in paragraph 59 of the Complaint 60. Denies the allegations set forth in paragraph 60 of the Complaint 61 Denies the allegations set forth in paragraph 61 of the Complaint. 62. Denies the allegations set forth in paragraph 62 of the Complaint. 63 Denies the allegations set forth in paragraph 63 of the Complaint. 64. Denies the allegations set forth in paragraph 64 of the Complaint. 65 Denies the allegations set forth in paragraph 65 of the Complaint. 66. Denies the allegations set forth in paragraph 66 of the Complaint. 67. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 67 of the Complaint. 68. Denies knowledge of information sufficient to form a belief as to the truth or the falsity of the allegations set forth in paragraph 68 of the Complaint as to what Plaintiff believes. 69. Denies the allegations set forth in paragraph 69 of the Complaint and respectfully refers all matters of law to the Court. RESPONDING TO THE FIRST CAUSE OF ACTION @eclaratory Judgment as to Plaintiff’s Right to Install A New Washer/Dryer) 70. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 71. Denies the allegations set forth in paragraph 71 of the Complaint and respectfully refers all matters of law to the Court. 72. Denies the allegations set forth in paragraph 72 of the Complaint. RESPONDING TO THE SECOND CAUSE OF ACTION (Weclaratory Judgment as to Plaintiffs Right to Replace All of the 23 Year Old Conditions) 723. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 74, Denies the allegations set forth in paragraph 74 of the Complaint. RESPONDING TO THE THIRD CAUSE OF ACTION (@eclaratory Judgment as to Nullity of 2012 House Rules) 75. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 76. Denies the allegations set forth in paragraph 76 of the Complaint. RESPONDING TO THE FOURTH CAUSE OF ACTION (Declaratory Judgment as to Barring Defendant’s Alleged Rights) 77. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 78. Denies the allegations set forth in paragraph 78 of the Complaint. RESPONDING TO THE FIFTH CAUSE OF ACTION @eclaratory Judgment as Alternative Relief that Defendant Must Pay Costs) 79. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 80. Denies the allegations set forth in paragraph 80 of the Complaint. RESPONDING TO THE SIXTH CAUSE OF ACTION (Injunction Not to Interfere With New Washer/Dryer) 81. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 82. Denies the allegations set forth in paragraph 82 of the Complaint. RESPONDING TO THE SEVENTH CAUSE OF ACTION (Injunction Barring Defendants Alleged Rights) 83. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 84. Denies the allegations set forth in paragraph 84 of the Complaint. RESPONDING TO THE EIGHTH CAUSE OF ACTION (injunction Barring Defendant From Deeming This Action ‘Objectionable Conduct’) 85. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 86. Denies the allegations set forth in paragraph 86 of the Complaint. RESPONDING TO THE NINTH CAUSE OF ACTION (Specific Enforcement of Contracts) 87. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 88. Denies the allegations set forth in paragraph 88 of the Complaint. RESPONDING TO THE TENTH CAUSE OF ACTION (Breach of Warranty of Habitability) 89. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 90. Denies the allegations set forth in paragraph 90 of the Complaint 91 Denies the allegations set forth in paragraph 91 of the Complaint. 92 Denies the allegations set forth in paragraph 92 of the Complaint. 93 Denies the allegations set forth in paragraph 93 of the Complaint RESPONDING TO THE ELEVENTH CAUSE OF ACTION (Prima Facie Tort and Punitive Damages) 94. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 95. Denies the allegations set forth in paragraph 95 of the Complaint. 96. Denies the allegations set forth in paragraph 96 of the Complaint. RESPONDING TO THE TWELFTH CAUSE OF ACTION (Attorneys’ Fees and Expenses) 97. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 98. Denies the allegations set forth in paragraph 98 of the Complaint and refers the Court to the referenced document for a complete and accurate statement of its terms 99. Denies the allegations set forth in paragraph 99 of the Complaint and respectfully refers all matters of law to the Court 100. Admits that Plaintiff purports to be seeking an award of reasonable attorneys’ fees and expenses but denies that Plaintiff has any right to request or recover such alleged fees and expenses as alleged in paragraph 100 of the Complaint. RESPONDING TO THE THIRTEENTH CAUSE OF ACTION (Breach of Covenant of Quiet Enjoyment) 101. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 102. Denies the allegations set forth in paragraph 102 of the Complaint and refers the Court to the referenced document for a complete and accurate statement of its terms. 103. Denies the allegations set forth in paragraph 103 of the Complaint. 104, Denies the allegations set forth in paragraph 104 of the Complaint. 105. Denies the allegations set forth in paragraph 105 of the Complaint. RESPONDING TO THE FOURTEENTH CAUSE OF ACTION (Detrimental Reliance) 106. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 107. Denies the allegations set forth in paragraph 107 of the Complaint. 108. Denies the allegations set forth in paragraph 108 of the Complaint. RESPONDING TO THE FIFTEENTH CAUSE OF ACTION (Breach of Contract) 109. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 110. Denies the allegations set forth in paragraph 110 of the Complaint. RESPONDING TO THE SIXTEENTH CAUSE OF ACTION (Promissory Estoppel) 111. Repeats and realleges each and every paragraph set forth above as if fully and completely set forth herein. 112. Denies the allegations set forth in paragraph 112 of the Complaint. 113. Denies the allegations set forth in paragraph 113 of the Complaint. FIRST AFFIRMATIVE DEFENSE 114. The Complaint fails to state a cause of action, in whole or in part. SECOND AFFIRMATIVE DEFENSE 115. Plaintiff has not sustained any injury, damages, or other harm as a result of any act or omission of Defendant. 10 THIRD AFFIRMATIVE DEFENSE 116. Defendant did not engage in any unlawful or otherwise wrongful conduct as alleged in the Complaint. FOURTH AFFIRMATIVE DEFENSE 117. Defendant at all times acted in good faith, in full compliance with applicable law and without malice or intent to injure Plaintiff. FIFTH AFFIRMATIVE DEFENSE 118. Defendant at all times acted in accordance with the By-laws of Defendant. SIXTH AFFIRMATIVE DEFENSE 119. Defendant at all times acted in accordance with the proprietary lease, alteration agreement and any other contracts with Plaintiff or obligations to Plaintiff. SEVENTH AFFIRMATIVE DEFENSE 120. Plaintiff's claims are barred by a Release. EIGHTH AFFIRMATIVE DEFENSE 121. Plaintiff's action is barred by her failure to give the contractually required notice to Defendant pursuant to the proprietary lease. NINTH AFFIRMATIVE DEFENSE 122, Plaintiff has failed to fulfill all of her obligations under the proprietary lease and/or other Co-op documents. TENTH AFFIRMATIVE DEFENSE 123. Defendant did not owe any duty to Plaintiff and, to the extent any duty existed, Defendant did not violate or breach any duty to Plaintiff. ll ELEVENTH AFFIRMATIVE DEFENSE 124. The Business Judgment Rule bars judicial inquiry into Defendant’s actions thereby precluding Plaintiff's claims. TWELFTH AFFIRMATIVE DEFENSE 125. Plaintiffs claims are barred, in whole or in part, by the equitable doctrines of estoppel, waiver and/or unclean hands. THIRTEENTH AFFIRMATIVE DEFENSE 126. Plaintiff failed to mitigate damages. FOURTEENTH AFFIRMATIVE DEFENSE 127. Plaintiff has an adequate remedy at law. FIFTEENTH AFFIRMATIVE DEFENSE 128. Plaintiff's Complaint is void ab initio or otherwise invalid because it was improperly filed by her husband-counsel, a key fact witness, in violation of the “lawyer as witness” Rule. SIXTEENTH AFFIRMATIVE DEFENSE 129. Plaintiff has no special damages. SEVENTEENTH AFFIRMATIVE DEFENSE 130. Plaintiffis not entitled to punitive damages or attorneys fees as a matter of law. EIGHTEENTH AFFIRMATIVE DEFENSE 131. Plaintiff’s claims are barred by documentary evidence. NINETEENTH AFFIRMATIVE DEFENSE 132. Plaintiff forfeited any alleged right to install the appliances of her choice by accepting the cooperative form of ownership. 12 TWENTIETH AFFIRMATIVE DEFENSE 133. Plaintiff's claims are barred by the applicable statute(s) of limitations. TWENTY FIRST AFFIRMATIVE DEFENSE 134. Defendant reserves the right to allege any and all additional defenses which may become known to it after the date hereof. WHEREFORE, Defendant denies that Plaintiff is entitled to a judgment or any other relief against it, including but not limited to the relief requested in the WHEREFORE clause of the Complaint and Defendant respectfully requests that the Court enter judgment: (a) Dismissing the Complaint with prejudice against Defendant, and granting Defendant the costs incurred in defending this lawsuit, including reasonable attorneys’ fees, as permitted by statute, rule of court, or otherwise; and (b) Granting to Defendant such other and further relief as the Court may deem just and proper. Dated: New York, New York March 10, 2014 ABRAMS GARFINKEL MARGOLIS BERGSON, LLP By 5 Barry G. Margoli: Eric B. Post 1430 Broadway, 17" Floor New York, New York 10018 (212) 201-1170 Attorneys for Defendant The Third Brevoort Corporation 13 VERIFICATION STATE QF NEW YORK ) ry } ) ss: COUNTY OF Svttu// + DIANE C. NARDONE, being duly sworn, deposes and says: I am the President of The Third Brevoort Corporation, the defendant in the above- referenced action. | am authorized to execute this verification on behalf of The Third Brevoort Corporation. I have read the foregoing answer and know the contents thereof; and that the same is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief and as to those matters, believe it to be true. ce fi¢ mo ote AM, p—~- a "DIANE C. NABID ON: Sworn to before me this | 16th day of March, 2014 ty —~ Ud GAR WM BY —_— NOTA BLIC SUSAN SIMMONS Notary Pubilc, State of New York No, 01816241265 ‘Qualified In Sutfalk County Commission Expires May 18, 2016