FILED: NEW YORK COUNTY CLERK 03/11/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/11/2015 EXHIBIT A

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1 FILED: NEW YORK COUNTY CLERK 03/11/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/11/2015 EXHIBIT A

2 FILED: NEW YORK COUNTY CLERK 02/05/ :03 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/05/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D. KOEPPEL, -against- Plaintiff, Index No.: Date Purchased: TROY GERMANO, Defendant. SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on plaintiff s attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates New York County as the place of trial. The basis of venue is the residence of defendant. Dated: White Plains, New York February 5, 2015 HARRINGTON, OCKO & MONK, LLP Attorneys for Plaintiff TO: Troy Germano c/o Germano Studios, Inc. 676 Broadway, 3 rd Floor New York, New York By: /s/ Benjamin S. Lowenthal 81 Main Street, Suite 215 White Plains, New York (914)

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D. KOEPPEL, -against- Plaintiff, Index No.: Date Purchased: TROY GERMANO, Defendant. COMPLAINT The plaintiff, Caleb D. Koeppel ( Koeppel ), by and through his attorneys, Harrington, Ocko & Monk, LLP, as and for its complaint against the defendant, Troy Germano ( Germano ), alleges as follows: 1. Koeppel is a resident of New York County, State of New York, with a place of business at 733 Park Ave., New York, New York Upon information and belief, Germano is an individual and resident of the State of New York, having an address at Germano Studios, Inc., 676 Broadway, 3 rd Floor, New York, New York On or about April 13, 2012, Germano asked for and Koeppel agreed to a loan in the principal amount of $86, Koeppel loaned Germano $86, by personal check which identified on said check as a LOAN. 5. Koeppel loaned Germano $86, based on friendship, financial need, and for the purpose of financing the operations of Germano s business enterprises, including, upon information and belief, Germano Studios, Inc.

4 6. At various times after the receipt of Koeppel s $86, loan to Germano, Germano acknowledged his obligation to repay Koeppel. 7. Specifically and without limitation, in s dated April 9, 2014, Germano reaffirmed the loan and his intention to repay Koeppel. 8. Despite due demand, Germano has not repaid any amount of the loan. AS AND FOR A FIRST CAUSE OF ACTION 9. Koeppel and Germano had an agreement for the loan and its repayment. 10. Germano has breached that agreement. 11. Koeppel has been damaged by Germano s breach in the amount of $86,000.00, along with interest thereon. 12. Germano is liable to Koeppel for breach of contract in the amount of $86,000.00, along with interest thereon. AS AND FOR A SECOND CAUSE OF ACTION 13. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 12 of this complaint with the same force and effect as if fully set forth at length herein. 14. In receiving Koeppel s funds and not repaying Koeppel, Germano was unjustly enriched in the amount of $86,000.00, along with interest thereon. 15. Germano is liable to Koeppel for unjust enrichment in the amount of $86,000.00, along with interest thereon.

5 AS AND FOR A THIRD CAUSE OF ACTION 16. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 15 of this complaint with the same force and effect as if fully set forth at length herein. 17. In failing to return Koeppel s money on demand, Germano has improperly deprived Koeppel of dominion and control over his property, and has converted that property to his own use. 18. Germano is liable to Koeppel for conversion in the amount of $86,000.00, along with interest thereon. AS AND FOR A FOURTH CAUSE OF ACTION 19. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 18 of this complaint with the same force and effect as if fully set forth at length herein. 20. In receiving Koeppel s money and failing to return it on demand, Germano has improperly had and received Koeppel s funds. 21. Germano is liable to Koeppel for money had and received in the amount of $86,000.00, along with interest thereon. WHEREFORE, Koeppel demands judgment against Germano on the first, second, third, and fourth causes of action in the amount of $86,000.00, along with interest thereon from April 13, 2012, and the attorneys fees, costs, and disbursements of this action, and such other and further relief as the Court deems fair and just under the circumstances.

6 Dated: February 5, 2015 White Plains, New York Yours, etc. HARRINGTON, OCKO & MONK, LLP By: /s/ Benjamin S. Lowenthal Attorneys for Plaintiff 81 Main Street, Suite 215 White Plains, New York (914)

7 ATTORNEY S CERTIFICATION BENJAMIN S. LOWENTHAL, an attorney admitted to practice before the courts of the State of New York and an associate at Harrington, Ocko & Monk, LLP, attorneys for the plaintiff referenced herein, certifies that, to the best of his knowledge, information and belief, formed after an inquiry reasonable under the circumstances, neither the presentation of the within summons and complaint, nor the contentions contained therein, is frivolous, as that term is defined in Section (a) of the Uniform Rules. Dated: White Plains, New York February 5, 2015 /s/ BENJAMIN S. LOWENTHAL

8 EXHIBIT B

9 FILED: NEW YORK COUNTY CLERK 02/26/ :33 AM INDEX NO /2015 NYSCEF., DOC. NO. 3 RECEIVED NYSCEF: 02/26/2015 p SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D, KOEPPEL, Plaintiff, --Index No.: / against- ANSWER TROY GERMANO, Defendant. Defendant Troy Germano ("Gennano"), answering the Complaint of Plaintiff Caleb D. Koeppel ("Koeppel), alleges as follows: 1. States that he is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 1 of the Complaint. 2. Denies each and every allegation contained in paragraph 2 of the Complaint, except admits that (a) he is an individual and resident of the State of New York, and (b) Gennano Studios, Inc. ("Germano Studios") is located at 676 Broadway, 3rd Floor, New York, New York Admits the allegations contained in paragraph 3 of the Complaint. 4. Admits the allegations contained in paragraph 4 of the Complaint. 5. States that he is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 5 of the Complaint. 6. Admits the allegations contained in paragraph 6 of the Complaint. 7. Admits the allegations contained in paragraph 7 of the complaint.

10 2 8. Denies each and every allegation contained in paragraph 8 of the Complaint, except admits that he had not yet repaid Koeppel's loan because that loan had no firm repayment date and is not yet due and owing. "AS AND FOR A FIRST CAUSE OF ACTION" 9. Admits the allegations contained in paragraph 9 of the Complaint. 10. Denies each and every allegation contained in paragraph 10 of the Complaint. 11. Denies each and every allegation contained in paragraph 11 of the Complaint. 12. Denies each and every allegation contained in paragraph 12 of the Complaint. "AS AND FOR A SECOND CAUSE OF ACTION" 13. Repeats and alleges each and every one of his responses to paragraphs 1 through 12 of the Complaint as if set forth fully herein. 14. Denies each and every allegation contained in paragraph 14 of the Complaint. 15. Denies each and every allegation contained in paragraph 15 of the Complaint. "AS ANP FOR A THIRP CAUSE OF ACTION" 16. Repeats and alleges each and every one of his responses to paragraphs 1 through 15 of the Complaint as if set forth fully herein. 17. Denies each and every allegation contained in paragraph 17 of the Complaint. 18. Denies each and every allegation contained in paragraph 18 of the Complaint. "AS AND FOR A FOURTH CAUSE OF ACTION" 19. Repeats and alleges each and every one of his responses to paragraphs 1 through 18 of the Complaint as if set forth fully herein. 20. Denies each and every allegation contained in paragraph 20 of the Complaint. 21. Denies each and every allegation contained in paragraph 21 of the Complaint. FIRST AFFIRMATIVE DEFENSE

11 3. '.~ '"". The Complaint fails to state a claim on which relief can be granted, since it fails to acknowledge Koeppel's agreement that Germano need not repay Koeppel's loan unless and un'til Germano obtains sufficient financial resources to do so. SECONP AFFIRMATIVE PEFENSE The Complaint is barred by the failure of a condition precedent, namely that Koeppel's loan to Germano is not yet due and owing. WHEREFORE, Germano requests t its entirety and grant such other and further relief t the Court dismiss the Complaint in the Court deems just and proper..j 'rf'~ Dated: New York, New York February 23,2015 Troy c/o G mano Studios, Inc. 676 Broadway, 3rd Floor New York, NY (212) Appearing pro se To: Benjamin S. Lowenthal, Esq. HARRINGTON, OCKO & MONK, LLP 81 Main Street, Suite 215 White Plains, NY (914)

12 .. (Affidavit of Service By Mail) STATE OF NEW YORK COUNTY OF NEW YORK ) ) ss.: ) AFFIPAVIT OF SERVICE ERIKA GERMANO, being duly sworn, state that: 1. I am over eighteen years of age, am flat a party to this action, and reside in4,new York. 2. On the Z'i day of February, 2015, I sent by first-class U.S. mail a true and correct copy of the Answer in this action, addressed as follows: Benjamin S. Lowenthal, Esq. HARRINGTON, OCKO & MONK, LLP 81 Main Street, Suite 215 White Plains, NY Such address has appeared on prior pleadings in this matter as the address of Plaintiff's counsel. ~ala&-m Erika Germano Sworn to before me this "Z;;day of February, r--"f~r~ic~a-:an:::n:f':':na~g~y---" NotaryPublic. Stale01NewIllrll NO.01HA QualllledIn New"Ill" Coul11y My CommiSsionfllPlrllSep e, 2018