On May 11, 2018 a
Answer
was filed
involving a dispute between
116 St. Realty Llc,
and
Gamestop Inc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
116 ST. REALTY LLC.
Plaintiff Index No. 652326/2018
-against- ANSWER AND
AFFIRMATIVE DEFENSES
GAMESTOP INC.
Defendant
(" Stop"
Defendant GAMESTOP INC. ("Game Stop") by its attorneys, Davis & Gilbert LLP,
(" ("
hereby submits this answer to plaintiff 116 ST. Realty LLC's ("Plaintiff") Complaint the
Complaint"
Complaint"):
1. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraph 1 of the Complaint.
2. Defendant admits the allegations contained in paragraph 2 of the Complaint.
3. Defendant admits the allegations contained in paragraph 3 of the Complaint.
4. Defendant denies the allegations contained in paragraph 4 of the Complaint,
except to the extent they refer to a Lease, the contents of which speak for itself. Defendant
respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof.
5. Defendant denies the allegations contained in paragraph 5 of the Complaint,
except to the extent they refer to a Lease, the contents of which speak for itself. Defendant
respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof.
6. Defendant denies the allegations contained in paragraph 6 of the Complaint,
except to the extent they refer to a Lease, the contents of which speak for itself. Defendant
respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof.
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FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018
7. Defendant denies the allegations contained in paragraph 7 of the Complaint.
8. Defendant hereby incorporates by reference the responses to Paragraphs 1 through
7 of this Answer as iffully set forth herein.
9. Defendant denies the allegations contained in paragraph 9 of the Complaint,
except to the extent they refer to a Lease, the contents of which speak for itself. Defendant
respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof.
10. Defendant denies the allegations contained in paragraph 10 of the Complaint,
except to the extent they refer to a Lease, the contents of which speak for itself. Defendant
respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof.
AFFIRMATIVE DEFENSES
As further, separate and affirmative defenses, without assuming the burden of proof of
any such defense that rests with Plaintiff, Defendant states as follows:
1. The Complaint fails to allege facts necessary to state a claim or cause of action
against Defendant.
2. Plaintiff's claims are barred, in whole or in part, because Plaintiff improperly
billed Defendant for its share of real estate taxes.
3. Plaintiff's claims are barred, in whole or in part, for lack of personal jurisdiction.
4. Plaintiff's claim is barred, in whole or in part, based on the doctrines of laches
and estoppel.
5. Plaintiff's claim is barred, in whole or in part, based on the doctrine of unclean
hands.
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FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018
WHEREFORE, Defendant demands judgment against Plaintiff as follows:
a) dismissing the Complaint in its entirety, with prejudice;
b) awarding Defendant costs and disbursements incurred in this action, including
attorneys'
reasonable fees; and
c) granting such other and further relief as the Court deems just and proper.
Dated: New York, New York
June 28, 2018
DAVIS - GILBERT L
esse B. Schneider
1740 Broadway
New York, NY 10019
(212) 468-4800
Attorneys for Defendant
To: Clifford Schwartz, Esq.
Schwartz 2 Blumenstein
57th
250 West Street, Suite 1619
New York, New York 10107
(646) 230-1010
Attorneys for Plaintiff
3
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Document Filed Date
June 28, 2018
Case Filing Date
May 11, 2018
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 116 ST. REALTY LLC. Plaintiff Index No. 652326/2018 -against- ANSWER AND AFFIRMATIVE DEFENSES GAMESTOP INC. Defendant (" Stop" Defendant GAMESTOP INC. ("Game Stop") by its attorneys, Davis & Gilbert LLP, (" (" hereby submits this answer to plaintiff 116 ST. Realty LLC's ("Plaintiff") Complaint the Complaint" Complaint"): 1. Defendant denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of the Complaint. 2. Defendant admits the allegations contained in paragraph 2 of the Complaint. 3. Defendant admits the allegations contained in paragraph 3 of the Complaint. 4. Defendant denies the allegations contained in paragraph 4 of the Complaint, except to the extent they refer to a Lease, the contents of which speak for itself. Defendant respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof. 5. Defendant denies the allegations contained in paragraph 5 of the Complaint, except to the extent they refer to a Lease, the contents of which speak for itself. Defendant respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof. 6. Defendant denies the allegations contained in paragraph 6 of the Complaint, except to the extent they refer to a Lease, the contents of which speak for itself. Defendant respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof. 1 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018 7. Defendant denies the allegations contained in paragraph 7 of the Complaint. 8. Defendant hereby incorporates by reference the responses to Paragraphs 1 through 7 of this Answer as iffully set forth herein. 9. Defendant denies the allegations contained in paragraph 9 of the Complaint, except to the extent they refer to a Lease, the contents of which speak for itself. Defendant respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof. 10. Defendant denies the allegations contained in paragraph 10 of the Complaint, except to the extent they refer to a Lease, the contents of which speak for itself. Defendant respectfully refers Plaintiff and the Court to a copy of the Lease for the contents thereof. AFFIRMATIVE DEFENSES As further, separate and affirmative defenses, without assuming the burden of proof of any such defense that rests with Plaintiff, Defendant states as follows: 1. The Complaint fails to allege facts necessary to state a claim or cause of action against Defendant. 2. Plaintiff's claims are barred, in whole or in part, because Plaintiff improperly billed Defendant for its share of real estate taxes. 3. Plaintiff's claims are barred, in whole or in part, for lack of personal jurisdiction. 4. Plaintiff's claim is barred, in whole or in part, based on the doctrines of laches and estoppel. 5. Plaintiff's claim is barred, in whole or in part, based on the doctrine of unclean hands. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 06/28/2018 11:15 AM INDEX NO. 652326/2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/28/2018 WHEREFORE, Defendant demands judgment against Plaintiff as follows: a) dismissing the Complaint in its entirety, with prejudice; b) awarding Defendant costs and disbursements incurred in this action, including attorneys' reasonable fees; and c) granting such other and further relief as the Court deems just and proper. Dated: New York, New York June 28, 2018 DAVIS - GILBERT L esse B. Schneider 1740 Broadway New York, NY 10019 (212) 468-4800 Attorneys for Defendant To: Clifford Schwartz, Esq. Schwartz 2 Blumenstein 57th 250 West Street, Suite 1619 New York, New York 10107 (646) 230-1010 Attorneys for Plaintiff 3 3 of 3