On May 11, 2018 a
Answer
was filed
involving a dispute between
Acme Exterminating Corp.,
and
Icon Realty Management Llc,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
ACME EXTERMINATING CORP, Index No. 57600/2018
Plaintiff
ANSWER
-against-
ICON REALTY MANAGEMENT LLC,
Defendant.
("Defendant"
Defendant Icon Realty Management LLC ("Defendant"), by its counsel Cervini
Swanson LLP, for its Answer to the Complaint dated May 3, 2018 ("Complaint") filed by
("Plaintiff" "Action"
plaintiff Acme Exterminating Corp. ("Plaintiff") in the captioned action (the "Action"), states as
follows:
1. Denies sufficient knowledge or information to form a belief as to the truth of the
"1"
allegations contained in Paragraph numbered of the Complaint.
"2"
2. Admits the allegations contained in Paragraph numbered of the Complaint.
FOR THE FIRST CAUSE OF ACTION
"3"
3. Neither admits nor denies the allegations contained in Paragraph numbered as
this paragraph merely repeats and re-alleges prior paragraphs of the Complaint.
"4"
4. Denies the allegations contained in Paragraph numbered of the Complaint.
"5"
5. Denies the allegations contained in Paragraph numbered of the Complaint.
FOR THE SECOND CAUSE OF ACTION
"6"
6. Neither admits nor denies the allegations contained in Paragraph numbered as
this paragraph merely repeats and re-alleges prior paragraphs of the Complaint.
"7"
7. Denies the allegations contained in Paragraph numbered of the Complaint.
1 of 3
FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018
"8"
8. Denies the allegations contained in Paragraph numbered of the Complaint.
As and for a First Affirmative Defense
9. The Complaint fails to state a claim upon which relief may be granted.
As and for a Second Affirmative Defense
10. Plaintiff's claims are barred by Plaintiff's failure to perform its obligations under
the alleged agreements.
As and for a Third Affirmative Defense
11. Plaintiff failed to mitigate damages, if any.
As and for a Fourth Affirmative Defense
12. Plaintiff's claims are barred by the doctrine of accord and satisfaction.
As and for a Fifth Affirmative Defense
13. Plaintiff's claims are barred by the doctrines of unclean hands, waiver and
estoppel.
As and for a Sixth Affirmative Defense
14. Any damages that Plaintiff claims are owed to it must be reduced based upon
doctrines of offset, recoupment and setoff.
As and for a Seventh Affirmative Defense
15. The Action has been commenced in an improper venue.
As and for an Eighth Affirmative Defense
16. Defendant reserves the right to plead additional affirmative defenses as may be
appropriate, dependent upon facts revealed in discovery.
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FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018
WHEREFORE, Defendant respectfully requests the Court dismiss Plaintiff's Complaint
in its entirety with prejudice and grant such other and further relief as may be just and proper,
including awarding Defendant its costs and disbursements incurred in this action.
Dated: New York, New York
June 11, 2018
CERVINI SWANSON LLP
By:
Scott L. Swanson
500 Fifth Avenue, Suite 3020
New York, New York 10110
212-931-5600
sswanson@csllplaw.com
Counsel for Defendant Icon Realty Management LLC
3
3 of 3
Document Filed Date
June 12, 2018
Case Filing Date
May 11, 2018
Category
Commercial - Contract
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FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ACME EXTERMINATING CORP, Index No. 57600/2018 Plaintiff ANSWER -against- ICON REALTY MANAGEMENT LLC, Defendant. ("Defendant" Defendant Icon Realty Management LLC ("Defendant"), by its counsel Cervini Swanson LLP, for its Answer to the Complaint dated May 3, 2018 ("Complaint") filed by ("Plaintiff" "Action" plaintiff Acme Exterminating Corp. ("Plaintiff") in the captioned action (the "Action"), states as follows: 1. Denies sufficient knowledge or information to form a belief as to the truth of the "1" allegations contained in Paragraph numbered of the Complaint. "2" 2. Admits the allegations contained in Paragraph numbered of the Complaint. FOR THE FIRST CAUSE OF ACTION "3" 3. Neither admits nor denies the allegations contained in Paragraph numbered as this paragraph merely repeats and re-alleges prior paragraphs of the Complaint. "4" 4. Denies the allegations contained in Paragraph numbered of the Complaint. "5" 5. Denies the allegations contained in Paragraph numbered of the Complaint. FOR THE SECOND CAUSE OF ACTION "6" 6. Neither admits nor denies the allegations contained in Paragraph numbered as this paragraph merely repeats and re-alleges prior paragraphs of the Complaint. "7" 7. Denies the allegations contained in Paragraph numbered of the Complaint. 1 of 3 FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018 "8" 8. Denies the allegations contained in Paragraph numbered of the Complaint. As and for a First Affirmative Defense 9. The Complaint fails to state a claim upon which relief may be granted. As and for a Second Affirmative Defense 10. Plaintiff's claims are barred by Plaintiff's failure to perform its obligations under the alleged agreements. As and for a Third Affirmative Defense 11. Plaintiff failed to mitigate damages, if any. As and for a Fourth Affirmative Defense 12. Plaintiff's claims are barred by the doctrine of accord and satisfaction. As and for a Fifth Affirmative Defense 13. Plaintiff's claims are barred by the doctrines of unclean hands, waiver and estoppel. As and for a Sixth Affirmative Defense 14. Any damages that Plaintiff claims are owed to it must be reduced based upon doctrines of offset, recoupment and setoff. As and for a Seventh Affirmative Defense 15. The Action has been commenced in an improper venue. As and for an Eighth Affirmative Defense 16. Defendant reserves the right to plead additional affirmative defenses as may be appropriate, dependent upon facts revealed in discovery. 2 2 of 3 FILED: WESTCHESTER COUNTY CLERK 06/12/2018 09:54 AM INDEX NO. 57600/2018 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 06/12/2018 WHEREFORE, Defendant respectfully requests the Court dismiss Plaintiff's Complaint in its entirety with prejudice and grant such other and further relief as may be just and proper, including awarding Defendant its costs and disbursements incurred in this action. Dated: New York, New York June 11, 2018 CERVINI SWANSON LLP By: Scott L. Swanson 500 Fifth Avenue, Suite 3020 New York, New York 10110 212-931-5600 sswanson@csllplaw.com Counsel for Defendant Icon Realty Management LLC 3 3 of 3