IN ANSWER TO THE FIRST CAUSE OF ACTION IN ANSWER TO THE SECOND CAUSE OF ACTION IN ANSWER TO THE THIRD CAUSE OF ACTION

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1 FILED: NEW YORK COUNTY CLERK 01/28/2013 INDEX NO /2012 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/28/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JANNA BULLOCK, Plaintiff, Index No /2012 -against- VERIFIED ANSWER and GIANCARLO ALHADEFF, COUNTERCLAIM Defendant. X Defendant, Giancarlo Alhadeff, by his attorney, Dominick J. Porto, as and for his Verified Answer to Plaintiff s Complaint herein, alleges as follows: IN ANSWER TO THE COMPLAINT S FIRST 30 ALLEGATIONS FIRST: The Defendant DENIES each and every allegation set forth in Paragraphs; 1, 5, 6. 7, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,23,24, 25, 26, 27, 28, 29 and 30; SECOND: States he is without knowledge or Information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 except admits the Plaintiff is the beneficial owner of a number of offshore corporations through which she owns and controls hotels, varied real property and other financial interests in France and Russia; and a luxury yacht in The Netherlands. Defendant DENIES each of every other allegation set forth in Paragraph 2. THIRD: States he is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3, except; DENIES each and e very allegation as to his professional licensing; ADMITS his interest as owner and Chief Managing Officer of Archimia LLC, an entity through which, from time to time and when and where required, the Defendant renders collaborative architectural services to multinational clients scattered throughout the world.. FOURTH: ADMITS the allegations set forth in Paragraphs 4, 8, 9 and 10. FIFTH: States he is without knowledge or Information sufficient to form a belief as to the truth of the allegations contained in Paragraph 11. except ADMITS during relative periods the Defendant met with Reto Gaudenzi in the latter s capacity as Plaintiff s representative.

2 SIXTH: States he is without knowledge or Information sufficient to form a belief as to the truth of the allegations contained in Paragraph 12. with regard to the terms of the Plaintiff s agreement with Reto Gaudenzi. IN ANSWER TO THE FIRST CAUSE OF ACTION SEVENTH: The Defendant DENIES each and every allegation set forth in Paragraphs 31, 32, 33, 34, 35, 36 and 37. IN ANSWER TO THE SECOND CAUSE OF ACTION EIGHTH: The Defendant DENIES each and every allegation set forth in paragraphs 38, 39, 40, 41 and 42, IN ANSWER TO THE THIRD CAUSE OF ACTION NINTH; The Defendant DENIES each and every allegation set forth in paragraphs 43, 44, 45, , 48, 49, 50, and 51. AS AND FOR THE DEFENDANT S FIRST AFFIRMATIVE DEFENSE 1. The Court lacks jurisdiction over the person of the Defendant. AS AND FOR THE DEFENDANT S SECOND AFFIRMATIVE DEFENSE 2. The Court lacks jurisdiction over the subject matter. AS AND FOR THE DEFENDANT S THIRD AFFIRMATIVE DEFENSE 3. That among the Plaintiff s hotel properties and projects where the Plaintiff engaged the Defendant s professional services, the Defendant rendered architectural services to the Plaintiff in Courchevel, France. All of the Plaintiff s allegations regarding the Defendant s professional services and his conduct in the performance of same is RES JUDICATA having been decided after trial in which both parties in this action appeared in an action titled: Chambery Court of Appeals First Section Civil Chambers Tuesday, June 26, 2012 Index Number: 11/00961 Appellants: Archimia LLC, with offices at Coastal Highway, Lewes, Delaware USA; and Giancarlo Alhadeff, domiciled Via Cosimo Del Frante 15, Milan Italy 2

3 Represented by Bollonjeon Arnaud Bollonjeon attorneys in Chambery and the offices of Dussans, attorneys with offices in Paris. Respondents SARL Pralong with offices at the Alpine Hotel in Pralong Route Altiport BP Courchevel 1850 CEDEX; and Societe Des Hotels D Altitude with offices c/o SOGELO 95 Rue de la Boetie Paris Represented by Clarisse Dormeval, attorney with offices in Chambery and assisted of counsel by the offices of Jakubowicz-Mallet-Guy Associes, attorneys with offices in Lyon. 4. That on June 26, 2012 the French Court rendered its decision in favor of the Defendant and against the Plaintiff and awarded the Defendant damages in the net amount of Euro 619,000, which judgment the Defendant is in the process of recovering with the assistance of French counsel. A certified, translated copy of the judgment is attached hereto and made a part hereof as Exhibit A. AS AND FOR HIS FIRST COUNTERCLAIM AGAINST THE PLAINTIFF, THE DEFENDANT GIANCARLO ALHADEFF ALLEGES: 1. That at all times hereinafter mentioned, the Defendant Giancarlo Alhadeff is a licensed architect in the United States and Italy with offices in Milan, Italy and Guilford, Connecticut. Mr Alhadeff, a Fellow American Institute of Architects is a world renowned architect who is engaged by clients, such as the Plaintiff Janna Bullock, to lend his professional talent to projects all over the world. In addition to the Alpine Hotel in Pralong for which the Defendant has been awarded a judgment, the Defendant has been engaged at the times and dates hereinafter stated, to perform architectural, design and consulting services for the Plaintiff Janna Bullock in Russia and Holland as follows: Kopernik Apartment 3 Dacha Dacha 6 Sorochane Landscape Design Sorochane S-Club Clubhouse Sorochane Interior Fit Out Residential Development Vutaki Eco Houses Slovoboda Luxury Motor Yacht Tzarina

4 With architectural, design and consulting services also rendered at the Plaintiff s order and request for an architectural competition for another of Plaintiff Bullock s project in Russia known as the Kotovo Residential Development. AS AND FOR A SECOND COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK 3) That commencing on or about April 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl, his Italian based architectural/design studio, was engaged to render professional services on one of Plaintiff s real property projects identified as Kopernik Apartment, Moscow. 4) That more precisely, Defendant Alhadeff and his staff designed two 250 square meter apartments into one 500 square meter unit (5,400 square feet) from shell and core to complete finishes. Working drawings were complete and mechanical and electrical co-ordination done. Lighting design by Isometrics in London was complete and incorporated in the drawings. New walls were complete on site and mechanical installation was underway. Marble flooring was ordered in Italy and supplied. Kitchen cabinets by Boffi were ordered. Full-scale mock-up of the walls and doors realized. 5) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff, and where the agreed fee due and payable to the Defendant was Euro 255,000 of which, although demanded, Euro 70,000 unjustifiably remains unpaid. AS AND FOR A THIRD COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK 6) That commencing on or about June 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl, his Italian based architectural/design studio, was engaged to render professional services on one of Plaintiff s real property projects identified as Dacha, Rublovka. 7) That more precisely Defendant Alhadeff and his staff designed a 1,500 square meter extension to the existing dacha in the neighborhood of Palitza, Rublovka. All working drawings were complete and mechanical and electrical co-ordination done. Concrete structure was completed and exterior and interior walls constructed. 8) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fee due and payable was Euro 480,000 of which, although demanded, Euro 77,000 unjustifiably remains unpaid. 4

5 AS AND FOR A FOURTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK 9) That commencing on or about October 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Archimia LLC, a Defendant Alhadeff architectural/design entity was engaged to render professional services on one of Plaintiff s real property projects identified as Dacha 6, Rublovka. 10) That more precisely Defendant Alhadeff and his staff designed six (6) speculative houses of 800 square meters each on a six-hectare site adjacent to the dacha. All design development drawings including a detailed Site Plan were complete. A model and renderings were delivered. 11) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fee due and payable was Euro 352,000 of which, although demanded, Euro 189,000 unjustifiably remains unpaid. AS AND FOR A FIFTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 12) That commencing on or about July 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through SdArch Srl, a Defendant Alhadeff, collaborative Italian based architectural/design entity, was engaged to render professional landscape design on one of Plaintiff s real property projects identified as Sorochane Landscape Design, Moscow 13) That more precisely Defendant Alhadeff and his staff completed the landscape design of the Sorochane Resort Hotel complex north of Moscow. The Site comprised 12 hectares or 30 acres with 39 Condominium/Hotel units and a Clubhouse. Detailed working drawings of the landscape design were done including vegetal engineering drawings of the banks of the stream, design of a new lake related. 14) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fee due and payable was Euro 110,000 of which, although demanded, Euro 44,000 unjustifiably remains unpaid. AS AND FOR A SIXTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 15) That commencing on or about October 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Archimia LLC, a Defendant Alhadeff architectural/design entity was engaged to render professional services on one of Plaintiff s real property projects identified as Sorochane S-Club Clubhouse, Moscow 5

6 16) That more precisely Defendant Alhadeff and his staff designed a Clubhouse of 9,000 square meters (96,000 square feet) on three floors plus a basement, for the Hotel complex comprising an indoor/outdoor swimming pool, indoor athletic facilities, restaurants, bars, meeting rooms and additional hotel rooms. Defendant Alhadeff delivered detailed Design Development Drawings complete with renderings and a massing model of the scheme. 17) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fees due and payable were Euro 600,000 of which, although demanded, Euro 525,000 unjustifiably remains unpaid. AS AND FOR A SEVENTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 18) That commencing on or about September 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl, his Italian based architectural/design entity, was engaged to render professional services on one of Plaintiff s real property projects identified as Sorochane Interior Fit Out, Moscow. 19) That more precisely Defendant Alhadeff and his staff redesigned the interiors of the hotel condominium units and divided each of the three-floor modules into a Lower Level unit of 120 square meters and a 160 square meter duplex on the upper two floors. The Defendant and his staff chose the finishes and furniture and engaged Artek of Finland to do a detailed estimate to supply the furniture for all seventy eight (78) units. 20) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fees due and payable were Euro 60,000 of which, although demanded, the entire Euro 60,000 unjustifiably remains unpaid. AS AND FOR AN EIGHTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 21) That commencing on or about March 2008 and through July 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl his Italian based architectural/design entity, was engaged to render professional services on one of Plaintiff s real property projects identified as Vutaki Residential Development, Moscow. 22) That more precisely Defendant Alhadeff and his staff designed a residential development adjacent to the Sorochane facilities, on a hilly 3.5 hectares (8.6 acres) site for 19 houses on two floors each of 280 square meters. The Defendant and his staff delivered three Site Plan alternatives and Sections through the land showing the possible positioning of access roads and delineation of each individual plot. 6

7 23) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fees due and payable were Euro 30,000 of which, although demanded, the entire Euro 30,000 unjustifiably remains unpaid. AS AND FOR A NINTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 24) That commencing on or about August 2007 and through August 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl, his Italian based architectural/design entity, was engaged to render professional services on Plaintiff s luxury fifty (50 meter motor yacht identified as M/Y Tzarina, Urk, Holland. 25) That more precisely Defendant Alhadeff and his staff completely re-designed the interior of the motor yacht after its total strip out. The Defendant delivered complete Working Drawings, plans, sections and reflected ceiling plans for the fit out after having co-ordinated the works with Balk Boatyard and the interior fit out company Sinnex. The Defendant delivered renderings of the interiors. Mock-ups of the interior walls were checked during two visits to the Sinnex factory in Klagenfurt, Austria. 26) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fee due and payable was Euro 480,000 of which, although demanded, the entire Euro 480,000 unjustifiably remains unpaid. AS AND FOR A TENTH COUNTERCLAIM ON BEHALF OF THE DEFENDANT GIANCARLO ALHADEFF AGAINST THE PLAINTIFF JANNA BULLOCK. 27) That commencing on or about the Fall of 2007 through early Summer 2008, at the Plaintiff Janna Bullock s instance and request the Defendant Giancarlo Alhadeff, through Alef Srl, his Italian based architectural/design entity was engaged to render professional services on Plaintiff s special real property project and development identified as Eco Houses Slovoboda, Moscow. 28) That more precisely Defendant Alhadeff and his staff completely re-designed six (6) Log Houses; also identified and marketed by the Plaintiff as Eco Houses. Defendant redesigned the interiors of the houses located on Plaintiff s property on the outskirts of Moscow. Defendant, together with staff, in addition chose all of the interior furniture of one house. 29) That unbeknownst to the Defendant, the Plaintiff marketed the Eco Houses property with sales brochures and other marketing information displaying the Defendant Alhadeff s likeness and extolling the Defendant s professional reputation and renown. 30) That the Defendant s services were performed pursuant to agreement, accepted and deemed satisfactory by the Plaintiff where the agreed fee due and payable was Euro 150,000 of which, although demanded, the entire Euro 150,000 unjustifiably remains unpaid. 7

8 WHEREFORE, the Defendant Giancarlo Alhadeff demands judgment as follows: 1. That the Complaint of the Plaintiff be dismissed in its entirety; 2. That on the First to and including the Tenth counterclaim judgment in favor of the Defendant and against the Plaintiff in the amount of Euro 2, 317,000 or its US dollar equivalent to be calculated on the day of judgment; 3. That the Court grant such other and further relief, as to this Court may deem just and proper. Dated: New York, NY January 28, 2013 TO: Stuart A. Smith, Esq. 425 Park Avenue, 27 th Floor New York, New York Tel.: Fax: Joel E. Abramson, Esq. 271 Madison Avenue, 22 nd Floor New York, New York Tel.: Fax: DOMINICK J. PORTO Attorney for Defendant 526 West 26 th Street 8 th floor New York, NY Tel: Fax: Co-Counsel for Plaintiff Janna Bullock 8

9 VERIFICATION STATE OF NEW YORK COUNTY OF NEW YORK) SS: Giancarlo Alhadeff, being duly sworn, deposes and says: I have read the forgoing Answer and Counterclaim and know the contents thereof to be true to the best of my knowledge, except as to those matters stated therein to be alleged upon information and belief, and as to those matters I believe them to be true. Giancarlo Alhadeff Sworn to before me this ~ (>7(z~1- Dominick J. Porto Notary Public State of New York No. 02P Qualified in New York County Commission Expires March 18, 2014