Preview
FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019
NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------){
NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019
Plaintiffs,
-against-
FRANK M. ESPOSITO, DORSEY & ACKNOWLEDGEMENT OF SERVICE
WHITNEY LLP, NATHANIEL H. OF THIRD-PARTY SUMMONS
AKERMAN, EDWARDS. FELDMAN, AND COMPLAINT
MICHAEL HAYDEN SANFORD and
SP VOYAGER FUND, LLC,
Defendants.
-----------------------------------------------------){
EDWARD S. FELDMAN,
Third-Party Plaintiff,
-against-
ERIC W. BERRY
Third-Party Defendant,
-----------------------------------------------------){
The undersigned hereby acknowledges service of the Third-Party Summons and Answer and
Third-Party Complaint on April 8, 2021.
/s/Eric W. Berry
ERIC W. BERRY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------)(
NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019
Plaintiffs,
-against-
FRANK M. ESPOSITO, DORSEY &
WHITNEY LLP, NATHANIEL H.
AKERMAN, EDWARDS. FELDMAN,
MICHAEL HAYDEN SANFORD and
SP VOYAGER FUND, LLC,
Defendants.
-----------------------------------------------------)(
EDWARDS. FELDMAN,
Third-Party Plaintiff,
THIRD-PARTY SUMMONS
-against-
ERIC W. BERRY
Third-Party Defendant,
-----------------------------------------------------)(
TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT:
YOU ARE HEREBY SUMMONED and required to answer the Third-Party Complaint of
Third-Party Plaintiff EDWARD S. FELDMAN within twenty (20) days after the service of this
summons, exclusive of the day of service or within thirty (30) days after service is complete if this
summons is not personally delivered to you within the State ofNew York In case of your failure to
answer, judgment will be taken against you by default for the relief demanded in the Third Party
Complaint, a copy of which is herewith served upon you and to serve copies of your Answer
upon the undersigned as Third-Party-Plaintiff, and all other parties.
In case of your failure to answer the Third-Party Complaint,judg~ill be taken against
you by default for the relief demanded in theilfiro- arty faint~-- .
c/
Dated: New York, New York L-/-+----
March 29, 2021
TO: EDWARD So . J <=1-•'-'
ERIC W. BERRY '
Offu; ost Office Address
745 Fifth Avenue, 5'h Floor 570 Grand A venue
New York, New York 10151 Englewood, New Jersey 07631
212-355-0777 201-645-4559 ext 3
bciTV Ia \vpl !cW: !lma i l.cum edwarcWr 1\:ldmancsqs.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------){
NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019
Plaintiffs,
-against-
FRANK M. ESPOSITO, DORSEY & ANSWER AND
WHITNEY LLP, NATHANIEL H. THIRD-PARTY COMPLAINT
AKERMAN, EDWARDS. FELDMAN,
MICHAEL HAYDEN SANFORD and
SP VOYAGER FUND, LLC,
Defendants.
-----------------------------------------------------){
EDWARD S. FELDMAN,
Third-Party Plaintiff,
-against-
ERIC W. BERRY
Third-Party Defendant,
-----------------------------------------------------){
Defendant EDWARD S. FELDMAN ("Defendant"), answenng the Complaint, alleges as
follows:
AS TO THE PARTIES
I. Denies knowledge or information sufficient to form a belief as to the allegations set forth
in paragraph I of the Complaint and leaves Plaintiffs to their proofs.
2. Denies the allegations set forth in paragraph 2 of the Complaint.
3. Neither Admits nor Denies the allegations set forth in paragraph 3 of the Complaint as
same are not addressed to Defendant and leaves Plaintiffs to their proofs.
4. Neither Admits nor Denies the allegations set forth in paragraph 4 of the Complaint as
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same are not addressed to Defendant and leaves Plaintiffs to their proofs.
5. Neither Admits nor Denies the allegations set forth in paragraph 5 of the Complaint as
same are not addressed to Defendant and leaves Plaintiffs to their proofs.
6. Admits the allegations set forth in paragraph 6 of the Complaint only to the extent that
Defendant is an attorney and denies the balance of said paragraph.
7. Neither Admits nor Denies the allegations set forth in paragraph 7 of the Complaint as
same are not addressed to Defendant and leaves Plaintiffs to their proofs.
8. Neither Admits nor Denies the allegations set forth in paragraph 8 of the Complaint as
same are not addressed to Defendant and leaves Plaintiffs to their proofs.
AS TO JURISDICTION AND VENUE
9. Denies the allegations set fmth in paragraph 9 of the Complaint.
I 0. Neither Admits nor Denies the allegations set forth in paragraph I 0 of the Complaint as
same are conclusions oflaw and therefore require no response.
AS TO NATURE OF THIS ACTION
II. Neither Admits nor Denies the allegations set forth in paragraph 11 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the
within action.
12. Neither Admits nor Denies the allegations set forth in paragraph 12 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the
within action.
13. Neither Admits nor Denies the allegations set forth in paragraph 13 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the
within action.
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14. Admits the allegations set forth in paragraph 14 of the Complaint only to the extent they
describe documents, which documents are the best evidence of their contents.
15. Admits the allegations set forth in paragraph 15 of the Complaint only to the extent they
describe documents, which documents are the best evidence of their contents and denies
the balance of such paragraph, as same is not an accurate history of the proceedings in that
it mischaracterizes the Orders of the First Department and omits the Order of the First
Department which removed the "escrow requirement" alleged.
16. Admits the allegations set forth in paragraph 16 of the Complaint only to the extent they
describe documents, which documents are the best evidence of their contents and denies
the balance of such paragraph, as same is not an accurate history of the proceedings in that
it mischaracterizes the Orders of the First Department and omits the Order of the First
Department which removed the "escrow requirement" alleged.
17. Neither Admits nor Denies the allegations set forth in paragraph 17 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the
within action and set forth allegations not addressed to Defendant and leaves Plaintiffs to
their proofs.
18. Neither Admits nor Denies the allegations set forth in paragraph 18 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' reason for filing the within
action and set forth allegations not addressed to Defendant and leaves Plaintiffs to their
proofs.
19. Admits the allegations set forth in paragraph 19 of the Complaint only to the extent that
Co-Defendant NATHANIEL H. AKERMAN ("Akerman") "patched in" Defendant to a
telephone conversation with a clerk at the First Department which turned out to be Melissa
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Ringel and denies the balance of the allegations set forth in paragraph 19.
20. Admits the allegations set forth in paragraph 20 of the Complaint only to the extent that a
check for $50,000.00 was issued to Esposito Partners PLLC from the net sale proceeds and
denies the balance of the allegations set forth in paragraph 20.
21. Admits the allegations set forth in paragraph 21 of the Complaint only to the extent that a
Defendant was paid his outstanding legal fees for the sale transaction from the sale
proceeds and denies the balance of the allegations set forth in paragraph 21.
22. Admits the allegations set forth in paragraph 22 of the Complaint only to the extent that it
quotes a memorandum of law filed in a separate action brought by Plaintiffs for the same
claims as in the within action and denies the balance of the allegations set forth in paragraph
22.
23. Admits the allegations set forth in paragraph 23 of the Complaint only to the extent they
set forth an accurate history of the previous judicial proceedings taken by Plaintiffs against
other named Defendants and denies the balance of such paragraph, as same is not an
accurate history of the proceedings and contains unfounded claims by Plaintiffs.
24. Denies the allegations set forth in paragraph 24 of the Complaint as it does not accurately
quotes Defendant's testimony and the transcripts of such deposition are the best evidence
of their contents and denies the balance of such paragraph.
25. Denies the allegations set fozth in paragraph 25 of the Complaint and allege that Plaitnifrs
pleadings in its federal action are the best evidence of its contents.
26. Neither Admits nor Denies the allegations set forth in paragraph 26 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' supposed basis for filingthe
within action and set forth allegations not addressed to Defendant and leaves Plaintiffs to
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their proofs.
27. Denies the allegations set fmth in paragraph 27 of the Complaint.
28. Neither Admits nor Denies the allegations set forth in paragraph 28 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the
within action.
29. Neither Admits nor Denies the allegations set forth in paragraph 29 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the
within action.
30. Does not respond to the allegations set forth in paragraph 30 of the Complaint as the Third
Claim of the Complaint has been dismissed.
31. Does not respond to the allegations set forth in paragraph 31 of the Complaint as the Fourth
Claim of the Complaint has been dismissed.
32. Does not respond to the allegations set forth in paragraph 32 of the Complaint as the Fifth
Claim of the Complaint has been dismissed.
33. Does not respond to the allegations set forth in paragraph 33 of the Complaint as the Sixth
Claim of the Complaint has been dismissed.
34. Neither Admits nor Denies the allegations set forth in paragraph 34 of the Complaint as
same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the
within action.
35. Does not respond to the allegations set forth in paragraph 35 of the Complaint as the Eighth
Claim of the Complaint has been dismissed.
36. Does not respond to the allegations set forth in paragraph 36 of the Complaint as the Ninth
Claim of the Complaint has been dismissed.
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AS TO ALLLEGA TIONS COMMON TO ALL CLAIMS
(1) The Knopfs Breach Of Contract Action Against Sanford And Pursuit
37. Neither Admits nor Denies the allegations set forth in paragraphs 37 through and including
47 of the Complaint as same are not allegations of fact in which Defendant is or was
involved but claims against parties with whom Plaintiffs have already entered into
settlement and set forth allegations not addressed to Defendant and leaves Plaintiffs to their
proofs.
(2) The Various Roles of Dorsey and Akerman as Counsel for Pursuit and Sanford in
their dispute with the Knopfs
38. Neither Admits nor Denies the allegations set forth in paragraphs 48 through and including
57 of the Complaint as same are not allegations of fact in which Defendant is or was
involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their
proofs.
(3) Justice Sweeny's October 22, 2015 Escrow Ot·der
39. Neither Admits nor Denies the allegations set forth in paragraphs 58 through and including
64 of the Complaint as same are not allegations of fact in which Defendant is or was
involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their
proofs.
(4) The Unsuccessful Cross-Motion by Sanford and Pursuit to Vacate the Escrow Order
40. Neither Admits nor Denies the allegations set forth in paragraph 65 of the Complaint as
same are not allegations of fact in which Defendant is or was involved and set forth
allegations not addressed to Defendant and leaves Plaintiffs to their proofs, except denies
that $100,000.00 was released to Pursuit in November 2015.
41. Denies the allegations set forth in paragraph 66 of the Complaint, as same is not an accurate
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history of the proceedings and contains unfounded claims by Plaintiffs and inaccurately
states the effect of the November 12, 2015 Order which, by operation of law, vacated the
October 22, 2015 Escrow Order which specifically stated it was in effect "until further
Order of this Court."
42. Neither Admits nor Denies the allegations set forth in paragraphs 67 through and including
70 of the Complaint as same are not allegations of fact in which Defendant isor was
involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their
proofs.
(5) Phillips Refusal to Close, as a Result of the December 29 Ruling
43. Lacks knowledge or information sufficient to fom1 a belief as to the allegations set forth in
paragraph 71 of the Complaint and leaves Plaintiffs to their proofs.
44. Lacks knowledge or information sufficient to fom1 a belief as to the allegations set forth in
paragraph 72 of the Complaint and leaves Plaintiffs to their proofs, except admit the
testimony only to the extent it is an accurate quote.
45. Neither Admits nor Denies the allegations set forth in paragraphs 73 through and including
75 of the Complaint as same are not allegations of fact but a statement of Plaintiffs'
supposed basis for filing the within action and legal position and set forth allegations not
addressed to Defendant and leaves Plaintiffs to their proofs.
(6) Defendants' Collusion with Ringel to Avoid the Apparent Escrow Requirement
46. Neither Admits nor Denies the allegations set forth in paragraphs 76 through and including
80 of the Complaint as same are not allegations of fact and/or a statement of Plaintiffs'
supposed basis for filing the within action and legal position and/or set forth allegations
not addressed to Defendant and leaves Plaintiffs to their proofs.
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47. Neither Admits nor Denies the allegations set forth in paragraph 81 of the Complaint as
same are not allegations of fact and/or a statement of Plaintiffs' supposed basis for filing
the within action and legal position and/or set forth allegations not addressed to Defendant
and leaves Plaintiffs to their proofs, except denies that Defendant ')oined the scheme".
48. Neither Admits nor Denies the allegations set forth in paragraphs 82 through and including
86 of the Complaint as same sets forth allegations not addressed to Defendant and leaves
Plaintiffs to their proofs.
49. Neither Admits nor Denies the allegations set forth in paragraph 87 of the Complaint as
same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs,
except admits that Defendant received an email from Akennan, which email is the best
evidence of their contents.
50. Admits the allegations set forth in paragraph 88 of the Complaint only to the extent that
Akerman called Defendant and then called the Appellate Division for a conference call and
denies the balance of said paragraph.
51. Admits the allegations set forth in paragraph 89 of the Complaint only to the extent that
Akerman and Defendant identified themselves and denies the balance of said paragraph.
52. Admits the allegations set forth in paragraph 90 of the Complaint.
53. Neither Admits nor Denies the allegations set forth in paragraph 91 of the Complaint as
same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs.
54. Neither Admits nor Denies the allegations set forth in paragraph 92 of the Complaint as
same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs,
except admits the quotes from the memorandum of law only to the extent that these quotes
are accurate and with the caveat that the quotes are excerpts.
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55. Neither Admits nor Denies the allegations set forth in paragraphs 93 and 94 of the
Complaint as same sets forth allegations not addressed to Defendant and claims against
parties with whom Plaintiffs have already entered into settlement, and leaves Plaintiffs to
their proofs.
56. Admits the allegations set forth in paragraph 95 of the Complaint only to the extent that
the closing took place on February I, 2016 and the proceeds were distributed and neither
Admits nor Denies the allegations set forth in paragraph 95 of the Complaint as same sets
forth allegations not addressed to Defendant and claims against parties with whom
Plaintiffs have already entered into settlement, and leaves Plaintiffs to their proofs.
57. Denies knowledge or information sufficient to form a belief as to the allegations set forth
in paragraph 96 of the Complaint except admits $50,000.00 was paid to Esposito Partners
PLLC from the sales proceeds from Defendant's lOLA account and $975,000.00 from the
sales proceeds was wired from Defendant's lOLA account to SP Voyager Fund, LLC at
the direction of fonner Defendant MICHAEL HAYDEN SANFORD ( "Sanford"), as the
sole member of Pursuit Holdings, LLC.
58. Denies knowledge or information sufficient to form a belief as to the allegations set forth
in paragraph 97 of the Complaint and leaves Plaintiffs to their proofs.
59. Admits the allegations set forth in paragraph 98 of the Complaint to the extent the sum of
$1,061,050.14 was wired into Defendant's lOLA account and denies the balance of the
allegations set forth therein.
60. Denies the allegations set forth in paragraph 99 of the Complaint.
61. Neither Admits nor Denies the allegations set forth in paragraphs 100 through and
including 105 of the Complaint as: (a) same sets forth allegations not addressed to
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Defendant and claims against parties with whom Plaintiffs have already entered into
settlement; and (b) they supposedly set forth a history of the previous judicial proceedings
taken by Plaintiffs against other named Defendants; and (c) same are not allegations of fact
and/or a statement of Plaintiffs' supposed basis for filing the within action and legal
position and/or set forth allegations not addressed to Defendant; and denies the balance of
such paragraph to the extent same is not an accurate history of the proceedings and contains
unfounded claims by Plaintiffs.
62. Admits the allegations set forth in paragraph I 06 of the Complaint only to the extent the
transcript is the best evidence of its contents.
63. Denies the allegations set forth in paragraph I 07 of the Complaint.
64. Denies the allegations set forth in paragraph 108 of the Complaint as to allegations of what
was told to Defendant by Ringel and denies knowledge or infonnation sufficient to fonn a
belief as to the balance of the allegations in said paragraph and leaves Plaintiffs to their
proofs.
65. Denies the allegations set forth in paragraph 109 of the Complaint to the extent they
represent arguments by Plaintiffs instead of allegations of fact and allege that the complete
transcript of the deposition testimony is the best evidence.
66. Denies the allegations set forth in paragraph II 0 of the Complaint and allege that
Defendant had no knowledge that Ringel was married to someone named Frank Esposito
until he was told that by Plaintiffs' counsel at Defendant's deposition in June 2017.
67. Alleges that the Court records concerning the allegations set forth in paragraph Ill are the
best evidence of the previous judicial proceedings taken by Plaintiffs against other named
Defendants and against parties with whom Plaintiffs have already entered into settlement
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and denies the balance of such paragraph.
68. Denies knowledge or information sufficient to form a belief as to the allegations set forth
in paragraph 112 of the Complaint and leaves Plaintiffs to their proofs.
69. Admits the allegations set forth in paragraphs 113 through and including 1!5 of the
Complaint only to the extent that the Court records concerning the previous judicial
proceedings taken by Plaintiffs against other named Defendants and against parties with
whom Plaintiffs have already entered into settlement are the best evidence.
70. Neither Admits nor Denies the allegations set forth in paragraphs 116 through and
including 121 of the Complaint as: (a) same sets forth allegations not addressed to
Defendant and claims against parties with whom Plaintiffs have already entered into
settlement; and (b) they supposedly set forth an accurate history of the previous judicial
proceedings taken by Plaintiffs against other named Defendants; and (c) same are not
allegations of fact and/or a statement of Plaintiffs' supposed basis for filing the within
action and legal position and/or set forth allegations not addressed to Defendant; and denies
the balance of such paragraph to the extent same is not an accurate history of the
proceedings and contains unfounded claims by Plaintiffs.
71. Alleges that the Court records concerning concerning the allegations set forth in
paragraphs 122 through and including 124 of the Complaint are the best evidence of an
accurate history of the previous judicial proceedings taken by Plaintiffs against other
named Defendants and against parties with whom Plaintiffs have already entered into
settlement and deny the balance of the allegations.
72. Neither Admits nor Denies the allegations set forth m paragraphs 125 through and
including 128 of the Complaint as: (a) same sets forth allegations not addressed to
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Defendant and claims against parties with whom Plaintiffs have already entered into
settlement; and (b) they supposedly set forth a history of the previous judicial proceedings
taken by Plaintiffs against other named Defendants for which the Court records are the best
evidence; and deny such allegations to the extent they are not accurate and, to the extent
the allegations refer to written documents, said documents speak for themselves.
73. Neither Admits nor Denies the allegations set forth in paragraph 129 of the Complaint as
same sets forth allegations not addressed to Defendant and deny such allegations to the
extent they are not accurate and, to the extent the allegations refer to written documents,
said documents speak for themselves.
74. Admits the allegations set forth in paragraph !30 of the Complaint only to the extent the
allegations refer to written documents and said documents speak for themselves.
75. Neither Admits nor Denies the allegations set forth in paragraphs !31 through and
including !34 of the Complaint as same sets forth allegations not addressed to Defendant
and deny such allegations to the extent they are not accurate and, to the extent the
allegations refer to written documents, said documents speak for themselves.
76. Admits the allegations set forth in paragraphs 135 through and including 140 of the
Complaint only to the extent the allegations refer to written documents, said documents
speak for themselves.
77. Denies the allegations set forth in paragraph 141 of the Complaint and, to the extent there
is a transcript of the proceeding, the transcript is the best evidence.
78. The allegations set forth in paragraph 142 are an attempt by Plaintiffs to obtain matters
which are privileged pursuant to the joint defense agreement between and among the
Defendants, and, thus, need not be responded to; however, without waiving such privilege
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Defendant denies the allegations in said paragraph.
79. Denies the allegations set forth in paragraphs 143 through and including 146 of the
Complaint, except to the extent the allegations refer to written documents, said documents
speak for themselves.
80. Neither Admits nor Denies the allegations set forth in paragraphs 14 7 and 148 of the
Complaint as same sets forth allegations not addressed to Defendant.
81. Denies the allegations set forth in paragraphs 149 through and including 151 of the
Complaint, except to the extent the allegations refer to written documents, said documents
speak for themselves.
82. Neither Admits nor Denies the allegations set forth in paragraphs 152 and 153of the
Complaint as same sets forth allegations not addressed to Defendant and deny such
allegations to the extent they are not accurate and, to the extent the allegations refer to
written documents, said documents speak for themselves.
83. Neither Admits nor Denies the allegations set forth in paragraphs 154 through and
including 160 as these allegations have been dismissed and no response is required.
84. Alleges that the order and judgment set forth in paragraph 161 of the Complaint are the
best evidence of their content.
85. Alleges that the documents and court records of the proceedings set forth in paragraph 162
of the Complaint are the best evidence of their content and denies the balance of the
allegations.
86. Denies the allegations set forth in paragraph 163 of the Complaint.
87. Neither Admits nor Denies the allegations set forth in paragraphs 164 through and
including 171 of the Complaint as same (a) sets forth allegations not addressed to
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Defendant and (b) claims against parties with whom Plaintiffs have already entered into
settlement; and (c) they supposedly set forth an accurate history of the previous judicial
proceedings taken by Plaintiffs against other named Defendants and deny such allegations
to the extent they are not accurate and, to the extent the allegations refer to written
documents, said documents speak for themselves.
88. Admits the allegations set forth in paragraphs 172 through and including 174 of the
Complaint only to the extent they set forth an accurate history of the previous judicial
proceedings taken by Plaintiffs against other named Defendants; and denies such
allegations to the extent they are not accurate and, to the extent the allegations refer to
written documents, said documents speak for themselves and denies all other allegations.
89. Neither Admits nor Denies the allegations set forth in paragraphs 175 through and
including 177 of the Complaint as same sets forth allegations not addressed to Defendant.
To the extent the allegations refer to written documents, said documents speak for
themselves.
90. Denies the allegations in paragraph 178 of the Complaint.
91. Neither Admits nor Denies the allegations set forth in paragraph 179 of the Complaint as
same sets forth allegations not addressed to Defendant.
92. Neither Admits nor Denies the allegations set forth in paragraph 180 of the Complaint as
same refer to written documents and said documents speak for themselves.
93. Denies the allegations in paragraph 181 of the Complaint as the Court record shows that
Plaintiffs' counsel, Eric Beny, made the OCA report public as Exhibit 12 of his May 7,
20 19 Affinnation.
94. Neither Admits nor Denies the allegations set forth in paragraph 182 of the Complaint as
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same (a) sets forth allegations with regard to parties with whom Plaintiffs have already
entered into settlement; and (b) they supposedly set forth a history of the previous judicial
proceedings taken by Plaintiffs against other named Defendants and deny such allegations
to the extent they are not accurate and, to the extent the allegations refer to written
documents, said documents speak for themselves.
95. Denies the allegations set forth in paragraph 183 of the Complaint.
96. Admits the allegations set forth in paragraph 184 of the Complaint only to the extent that,
contrary to Plaintiffs' statements in paragraph 99 of the Complaint, Plaintiffs' counsel
obtained a copy of the check and denies the balance of the allegations.
AS TO CLAIMS FOR RELIEF
As to the First Claim
97. Repeats and realleges all prior paragraphs as if set forth at length herein.
98. Neither Admits nor Denies the allegations set forth in paragraph 186 of the Complaint as
same refer to written documents
Preview
FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------){ NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019 Plaintiffs, -against- FRANK M. ESPOSITO, DORSEY & ACKNOWLEDGEMENT OF SERVICE WHITNEY LLP, NATHANIEL H. OF THIRD-PARTY SUMMONS AKERMAN, EDWARDS. FELDMAN, AND COMPLAINT MICHAEL HAYDEN SANFORD and SP VOYAGER FUND, LLC, Defendants. -----------------------------------------------------){ EDWARD S. FELDMAN, Third-Party Plaintiff, -against- ERIC W. BERRY Third-Party Defendant, -----------------------------------------------------){ The undersigned hereby acknowledges service of the Third-Party Summons and Answer and Third-Party Complaint on April 8, 2021. /s/Eric W. Berry ERIC W. BERRY 1 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------)( NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019 Plaintiffs, -against- FRANK M. ESPOSITO, DORSEY & WHITNEY LLP, NATHANIEL H. AKERMAN, EDWARDS. FELDMAN, MICHAEL HAYDEN SANFORD and SP VOYAGER FUND, LLC, Defendants. -----------------------------------------------------)( EDWARDS. FELDMAN, Third-Party Plaintiff, THIRD-PARTY SUMMONS -against- ERIC W. BERRY Third-Party Defendant, -----------------------------------------------------)( TO THE ABOVE-NAMED THIRD-PARTY DEFENDANT: YOU ARE HEREBY SUMMONED and required to answer the Third-Party Complaint of Third-Party Plaintiff EDWARD S. FELDMAN within twenty (20) days after the service of this summons, exclusive of the day of service or within thirty (30) days after service is complete if this summons is not personally delivered to you within the State ofNew York In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the Third Party Complaint, a copy of which is herewith served upon you and to serve copies of your Answer upon the undersigned as Third-Party-Plaintiff, and all other parties. In case of your failure to answer the Third-Party Complaint,judg~ill be taken against you by default for the relief demanded in theilfiro- arty faint~-- . c/ Dated: New York, New York L-/-+---- March 29, 2021 TO: EDWARD So . J <=1-•'-' ERIC W. BERRY ' Offu; ost Office Address 745 Fifth Avenue, 5'h Floor 570 Grand A venue New York, New York 10151 Englewood, New Jersey 07631 212-355-0777 201-645-4559 ext 3 bciTV Ia \vpl !cW: !lma i l.cum edwarcWr 1\:ldmancsqs.com 2 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------){ NORMA KNOPF and MICHAEL KNOPF, : Index No. 150315/2019 Plaintiffs, -against- FRANK M. ESPOSITO, DORSEY & ANSWER AND WHITNEY LLP, NATHANIEL H. THIRD-PARTY COMPLAINT AKERMAN, EDWARDS. FELDMAN, MICHAEL HAYDEN SANFORD and SP VOYAGER FUND, LLC, Defendants. -----------------------------------------------------){ EDWARD S. FELDMAN, Third-Party Plaintiff, -against- ERIC W. BERRY Third-Party Defendant, -----------------------------------------------------){ Defendant EDWARD S. FELDMAN ("Defendant"), answenng the Complaint, alleges as follows: AS TO THE PARTIES I. Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraph I of the Complaint and leaves Plaintiffs to their proofs. 2. Denies the allegations set forth in paragraph 2 of the Complaint. 3. Neither Admits nor Denies the allegations set forth in paragraph 3 of the Complaint as same are not addressed to Defendant and leaves Plaintiffs to their proofs. 4. Neither Admits nor Denies the allegations set forth in paragraph 4 of the Complaint as ANSWER AND THIRD-PARTY COMPLAINT PAGE I 3 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 same are not addressed to Defendant and leaves Plaintiffs to their proofs. 5. Neither Admits nor Denies the allegations set forth in paragraph 5 of the Complaint as same are not addressed to Defendant and leaves Plaintiffs to their proofs. 6. Admits the allegations set forth in paragraph 6 of the Complaint only to the extent that Defendant is an attorney and denies the balance of said paragraph. 7. Neither Admits nor Denies the allegations set forth in paragraph 7 of the Complaint as same are not addressed to Defendant and leaves Plaintiffs to their proofs. 8. Neither Admits nor Denies the allegations set forth in paragraph 8 of the Complaint as same are not addressed to Defendant and leaves Plaintiffs to their proofs. AS TO JURISDICTION AND VENUE 9. Denies the allegations set fmth in paragraph 9 of the Complaint. I 0. Neither Admits nor Denies the allegations set forth in paragraph I 0 of the Complaint as same are conclusions oflaw and therefore require no response. AS TO NATURE OF THIS ACTION II. Neither Admits nor Denies the allegations set forth in paragraph 11 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the within action. 12. Neither Admits nor Denies the allegations set forth in paragraph 12 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the within action. 13. Neither Admits nor Denies the allegations set forth in paragraph 13 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the within action. ANSWER AND THIRD-PARTY COMPLAINT PAGE 2 4 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 14. Admits the allegations set forth in paragraph 14 of the Complaint only to the extent they describe documents, which documents are the best evidence of their contents. 15. Admits the allegations set forth in paragraph 15 of the Complaint only to the extent they describe documents, which documents are the best evidence of their contents and denies the balance of such paragraph, as same is not an accurate history of the proceedings in that it mischaracterizes the Orders of the First Department and omits the Order of the First Department which removed the "escrow requirement" alleged. 16. Admits the allegations set forth in paragraph 16 of the Complaint only to the extent they describe documents, which documents are the best evidence of their contents and denies the balance of such paragraph, as same is not an accurate history of the proceedings in that it mischaracterizes the Orders of the First Department and omits the Order of the First Department which removed the "escrow requirement" alleged. 17. Neither Admits nor Denies the allegations set forth in paragraph 17 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' alleged basis for filing the within action and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. 18. Neither Admits nor Denies the allegations set forth in paragraph 18 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' reason for filing the within action and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. 19. Admits the allegations set forth in paragraph 19 of the Complaint only to the extent that Co-Defendant NATHANIEL H. AKERMAN ("Akerman") "patched in" Defendant to a telephone conversation with a clerk at the First Department which turned out to be Melissa ANSWER AND THIRD-PARTY COMPLAINT PAGE 3 5 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 Ringel and denies the balance of the allegations set forth in paragraph 19. 20. Admits the allegations set forth in paragraph 20 of the Complaint only to the extent that a check for $50,000.00 was issued to Esposito Partners PLLC from the net sale proceeds and denies the balance of the allegations set forth in paragraph 20. 21. Admits the allegations set forth in paragraph 21 of the Complaint only to the extent that a Defendant was paid his outstanding legal fees for the sale transaction from the sale proceeds and denies the balance of the allegations set forth in paragraph 21. 22. Admits the allegations set forth in paragraph 22 of the Complaint only to the extent that it quotes a memorandum of law filed in a separate action brought by Plaintiffs for the same claims as in the within action and denies the balance of the allegations set forth in paragraph 22. 23. Admits the allegations set forth in paragraph 23 of the Complaint only to the extent they set forth an accurate history of the previous judicial proceedings taken by Plaintiffs against other named Defendants and denies the balance of such paragraph, as same is not an accurate history of the proceedings and contains unfounded claims by Plaintiffs. 24. Denies the allegations set forth in paragraph 24 of the Complaint as it does not accurately quotes Defendant's testimony and the transcripts of such deposition are the best evidence of their contents and denies the balance of such paragraph. 25. Denies the allegations set fozth in paragraph 25 of the Complaint and allege that Plaitnifrs pleadings in its federal action are the best evidence of its contents. 26. Neither Admits nor Denies the allegations set forth in paragraph 26 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' supposed basis for filingthe within action and set forth allegations not addressed to Defendant and leaves Plaintiffs to ANSWER AND THIRD-PARTY COMPLAINT PAGE 4 6 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 their proofs. 27. Denies the allegations set fmth in paragraph 27 of the Complaint. 28. Neither Admits nor Denies the allegations set forth in paragraph 28 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the within action. 29. Neither Admits nor Denies the allegations set forth in paragraph 29 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the within action. 30. Does not respond to the allegations set forth in paragraph 30 of the Complaint as the Third Claim of the Complaint has been dismissed. 31. Does not respond to the allegations set forth in paragraph 31 of the Complaint as the Fourth Claim of the Complaint has been dismissed. 32. Does not respond to the allegations set forth in paragraph 32 of the Complaint as the Fifth Claim of the Complaint has been dismissed. 33. Does not respond to the allegations set forth in paragraph 33 of the Complaint as the Sixth Claim of the Complaint has been dismissed. 34. Neither Admits nor Denies the allegations set forth in paragraph 34 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the within action. 35. Does not respond to the allegations set forth in paragraph 35 of the Complaint as the Eighth Claim of the Complaint has been dismissed. 36. Does not respond to the allegations set forth in paragraph 36 of the Complaint as the Ninth Claim of the Complaint has been dismissed. ANSWER AND THIRD-PARTY COMPLAINT PAGE 5 7 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 AS TO ALLLEGA TIONS COMMON TO ALL CLAIMS (1) The Knopfs Breach Of Contract Action Against Sanford And Pursuit 37. Neither Admits nor Denies the allegations set forth in paragraphs 37 through and including 47 of the Complaint as same are not allegations of fact in which Defendant is or was involved but claims against parties with whom Plaintiffs have already entered into settlement and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. (2) The Various Roles of Dorsey and Akerman as Counsel for Pursuit and Sanford in their dispute with the Knopfs 38. Neither Admits nor Denies the allegations set forth in paragraphs 48 through and including 57 of the Complaint as same are not allegations of fact in which Defendant is or was involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. (3) Justice Sweeny's October 22, 2015 Escrow Ot·der 39. Neither Admits nor Denies the allegations set forth in paragraphs 58 through and including 64 of the Complaint as same are not allegations of fact in which Defendant is or was involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. (4) The Unsuccessful Cross-Motion by Sanford and Pursuit to Vacate the Escrow Order 40. Neither Admits nor Denies the allegations set forth in paragraph 65 of the Complaint as same are not allegations of fact in which Defendant is or was involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs, except denies that $100,000.00 was released to Pursuit in November 2015. 41. Denies the allegations set forth in paragraph 66 of the Complaint, as same is not an accurate ANSWER AND THIRD-PARTY COMPLAINT PAGE 6 8 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 history of the proceedings and contains unfounded claims by Plaintiffs and inaccurately states the effect of the November 12, 2015 Order which, by operation of law, vacated the October 22, 2015 Escrow Order which specifically stated it was in effect "until further Order of this Court." 42. Neither Admits nor Denies the allegations set forth in paragraphs 67 through and including 70 of the Complaint as same are not allegations of fact in which Defendant isor was involved and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. (5) Phillips Refusal to Close, as a Result of the December 29 Ruling 43. Lacks knowledge or information sufficient to fom1 a belief as to the allegations set forth in paragraph 71 of the Complaint and leaves Plaintiffs to their proofs. 44. Lacks knowledge or information sufficient to fom1 a belief as to the allegations set forth in paragraph 72 of the Complaint and leaves Plaintiffs to their proofs, except admit the testimony only to the extent it is an accurate quote. 45. Neither Admits nor Denies the allegations set forth in paragraphs 73 through and including 75 of the Complaint as same are not allegations of fact but a statement of Plaintiffs' supposed basis for filing the within action and legal position and set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. (6) Defendants' Collusion with Ringel to Avoid the Apparent Escrow Requirement 46. Neither Admits nor Denies the allegations set forth in paragraphs 76 through and including 80 of the Complaint as same are not allegations of fact and/or a statement of Plaintiffs' supposed basis for filing the within action and legal position and/or set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. ANSWER AND THIRD-PARTY COMPLAINT PAGE 7 9 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 47. Neither Admits nor Denies the allegations set forth in paragraph 81 of the Complaint as same are not allegations of fact and/or a statement of Plaintiffs' supposed basis for filing the within action and legal position and/or set forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs, except denies that Defendant ')oined the scheme". 48. Neither Admits nor Denies the allegations set forth in paragraphs 82 through and including 86 of the Complaint as same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. 49. Neither Admits nor Denies the allegations set forth in paragraph 87 of the Complaint as same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs, except admits that Defendant received an email from Akennan, which email is the best evidence of their contents. 50. Admits the allegations set forth in paragraph 88 of the Complaint only to the extent that Akerman called Defendant and then called the Appellate Division for a conference call and denies the balance of said paragraph. 51. Admits the allegations set forth in paragraph 89 of the Complaint only to the extent that Akerman and Defendant identified themselves and denies the balance of said paragraph. 52. Admits the allegations set forth in paragraph 90 of the Complaint. 53. Neither Admits nor Denies the allegations set forth in paragraph 91 of the Complaint as same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs. 54. Neither Admits nor Denies the allegations set forth in paragraph 92 of the Complaint as same sets forth allegations not addressed to Defendant and leaves Plaintiffs to their proofs, except admits the quotes from the memorandum of law only to the extent that these quotes are accurate and with the caveat that the quotes are excerpts. ANSWER AND THIRD-PARTY COMPLAINT PAGE 8 10 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 55. Neither Admits nor Denies the allegations set forth in paragraphs 93 and 94 of the Complaint as same sets forth allegations not addressed to Defendant and claims against parties with whom Plaintiffs have already entered into settlement, and leaves Plaintiffs to their proofs. 56. Admits the allegations set forth in paragraph 95 of the Complaint only to the extent that the closing took place on February I, 2016 and the proceeds were distributed and neither Admits nor Denies the allegations set forth in paragraph 95 of the Complaint as same sets forth allegations not addressed to Defendant and claims against parties with whom Plaintiffs have already entered into settlement, and leaves Plaintiffs to their proofs. 57. Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraph 96 of the Complaint except admits $50,000.00 was paid to Esposito Partners PLLC from the sales proceeds from Defendant's lOLA account and $975,000.00 from the sales proceeds was wired from Defendant's lOLA account to SP Voyager Fund, LLC at the direction of fonner Defendant MICHAEL HAYDEN SANFORD ( "Sanford"), as the sole member of Pursuit Holdings, LLC. 58. Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraph 97 of the Complaint and leaves Plaintiffs to their proofs. 59. Admits the allegations set forth in paragraph 98 of the Complaint to the extent the sum of $1,061,050.14 was wired into Defendant's lOLA account and denies the balance of the allegations set forth therein. 60. Denies the allegations set forth in paragraph 99 of the Complaint. 61. Neither Admits nor Denies the allegations set forth in paragraphs 100 through and including 105 of the Complaint as: (a) same sets forth allegations not addressed to ANSWER AND TII!RD-PARTY COMPLAINT PAGE 9 11 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 Defendant and claims against parties with whom Plaintiffs have already entered into settlement; and (b) they supposedly set forth a history of the previous judicial proceedings taken by Plaintiffs against other named Defendants; and (c) same are not allegations of fact and/or a statement of Plaintiffs' supposed basis for filing the within action and legal position and/or set forth allegations not addressed to Defendant; and denies the balance of such paragraph to the extent same is not an accurate history of the proceedings and contains unfounded claims by Plaintiffs. 62. Admits the allegations set forth in paragraph I 06 of the Complaint only to the extent the transcript is the best evidence of its contents. 63. Denies the allegations set forth in paragraph I 07 of the Complaint. 64. Denies the allegations set forth in paragraph 108 of the Complaint as to allegations of what was told to Defendant by Ringel and denies knowledge or infonnation sufficient to fonn a belief as to the balance of the allegations in said paragraph and leaves Plaintiffs to their proofs. 65. Denies the allegations set forth in paragraph 109 of the Complaint to the extent they represent arguments by Plaintiffs instead of allegations of fact and allege that the complete transcript of the deposition testimony is the best evidence. 66. Denies the allegations set forth in paragraph II 0 of the Complaint and allege that Defendant had no knowledge that Ringel was married to someone named Frank Esposito until he was told that by Plaintiffs' counsel at Defendant's deposition in June 2017. 67. Alleges that the Court records concerning the allegations set forth in paragraph Ill are the best evidence of the previous judicial proceedings taken by Plaintiffs against other named Defendants and against parties with whom Plaintiffs have already entered into settlement ANSWER AND THIRD-PARTY COMPLAINT PAGE 10 12 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 and denies the balance of such paragraph. 68. Denies knowledge or information sufficient to form a belief as to the allegations set forth in paragraph 112 of the Complaint and leaves Plaintiffs to their proofs. 69. Admits the allegations set forth in paragraphs 113 through and including 1!5 of the Complaint only to the extent that the Court records concerning the previous judicial proceedings taken by Plaintiffs against other named Defendants and against parties with whom Plaintiffs have already entered into settlement are the best evidence. 70. Neither Admits nor Denies the allegations set forth in paragraphs 116 through and including 121 of the Complaint as: (a) same sets forth allegations not addressed to Defendant and claims against parties with whom Plaintiffs have already entered into settlement; and (b) they supposedly set forth an accurate history of the previous judicial proceedings taken by Plaintiffs against other named Defendants; and (c) same are not allegations of fact and/or a statement of Plaintiffs' supposed basis for filing the within action and legal position and/or set forth allegations not addressed to Defendant; and denies the balance of such paragraph to the extent same is not an accurate history of the proceedings and contains unfounded claims by Plaintiffs. 71. Alleges that the Court records concerning concerning the allegations set forth in paragraphs 122 through and including 124 of the Complaint are the best evidence of an accurate history of the previous judicial proceedings taken by Plaintiffs against other named Defendants and against parties with whom Plaintiffs have already entered into settlement and deny the balance of the allegations. 72. Neither Admits nor Denies the allegations set forth m paragraphs 125 through and including 128 of the Complaint as: (a) same sets forth allegations not addressed to ANSWER AND THIRD-PARTY COMPLAINT PAGE 11 13 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 Defendant and claims against parties with whom Plaintiffs have already entered into settlement; and (b) they supposedly set forth a history of the previous judicial proceedings taken by Plaintiffs against other named Defendants for which the Court records are the best evidence; and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 73. Neither Admits nor Denies the allegations set forth in paragraph 129 of the Complaint as same sets forth allegations not addressed to Defendant and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 74. Admits the allegations set forth in paragraph !30 of the Complaint only to the extent the allegations refer to written documents and said documents speak for themselves. 75. Neither Admits nor Denies the allegations set forth in paragraphs !31 through and including !34 of the Complaint as same sets forth allegations not addressed to Defendant and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 76. Admits the allegations set forth in paragraphs 135 through and including 140 of the Complaint only to the extent the allegations refer to written documents, said documents speak for themselves. 77. Denies the allegations set forth in paragraph 141 of the Complaint and, to the extent there is a transcript of the proceeding, the transcript is the best evidence. 78. The allegations set forth in paragraph 142 are an attempt by Plaintiffs to obtain matters which are privileged pursuant to the joint defense agreement between and among the Defendants, and, thus, need not be responded to; however, without waiving such privilege ANSWER AND THIRD-PARTY COMPLAINT PAGE 12 14 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 Defendant denies the allegations in said paragraph. 79. Denies the allegations set forth in paragraphs 143 through and including 146 of the Complaint, except to the extent the allegations refer to written documents, said documents speak for themselves. 80. Neither Admits nor Denies the allegations set forth in paragraphs 14 7 and 148 of the Complaint as same sets forth allegations not addressed to Defendant. 81. Denies the allegations set forth in paragraphs 149 through and including 151 of the Complaint, except to the extent the allegations refer to written documents, said documents speak for themselves. 82. Neither Admits nor Denies the allegations set forth in paragraphs 152 and 153of the Complaint as same sets forth allegations not addressed to Defendant and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 83. Neither Admits nor Denies the allegations set forth in paragraphs 154 through and including 160 as these allegations have been dismissed and no response is required. 84. Alleges that the order and judgment set forth in paragraph 161 of the Complaint are the best evidence of their content. 85. Alleges that the documents and court records of the proceedings set forth in paragraph 162 of the Complaint are the best evidence of their content and denies the balance of the allegations. 86. Denies the allegations set forth in paragraph 163 of the Complaint. 87. Neither Admits nor Denies the allegations set forth in paragraphs 164 through and including 171 of the Complaint as same (a) sets forth allegations not addressed to ANSWER AND THIRD-PARTY COMPLAINT PAGE 13 15 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 Defendant and (b) claims against parties with whom Plaintiffs have already entered into settlement; and (c) they supposedly set forth an accurate history of the previous judicial proceedings taken by Plaintiffs against other named Defendants and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 88. Admits the allegations set forth in paragraphs 172 through and including 174 of the Complaint only to the extent they set forth an accurate history of the previous judicial proceedings taken by Plaintiffs against other named Defendants; and denies such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves and denies all other allegations. 89. Neither Admits nor Denies the allegations set forth in paragraphs 175 through and including 177 of the Complaint as same sets forth allegations not addressed to Defendant. To the extent the allegations refer to written documents, said documents speak for themselves. 90. Denies the allegations in paragraph 178 of the Complaint. 91. Neither Admits nor Denies the allegations set forth in paragraph 179 of the Complaint as same sets forth allegations not addressed to Defendant. 92. Neither Admits nor Denies the allegations set forth in paragraph 180 of the Complaint as same refer to written documents and said documents speak for themselves. 93. Denies the allegations in paragraph 181 of the Complaint as the Court record shows that Plaintiffs' counsel, Eric Beny, made the OCA report public as Exhibit 12 of his May 7, 20 19 Affinnation. 94. Neither Admits nor Denies the allegations set forth in paragraph 182 of the Complaint as ANSWER AND THIRD-PARTY COMPLAINT PAGE 14 16 of 34 FILED: NEW YORK COUNTY CLERK 04/09/2021 02:51 PM INDEX NO. 150315/2019 NYSCEF DOC. NO. 329 RECEIVED NYSCEF: 04/09/2021 same (a) sets forth allegations with regard to parties with whom Plaintiffs have already entered into settlement; and (b) they supposedly set forth a history of the previous judicial proceedings taken by Plaintiffs against other named Defendants and deny such allegations to the extent they are not accurate and, to the extent the allegations refer to written documents, said documents speak for themselves. 95. Denies the allegations set forth in paragraph 183 of the Complaint. 96. Admits the allegations set forth in paragraph 184 of the Complaint only to the extent that, contrary to Plaintiffs' statements in paragraph 99 of the Complaint, Plaintiffs' counsel obtained a copy of the check and denies the balance of the allegations. AS TO CLAIMS FOR RELIEF As to the First Claim 97. Repeats and realleges all prior paragraphs as if set forth at length herein. 98. Neither Admits nor Denies the allegations set forth in paragraph 186 of the Complaint as same refer to written documents