Admit the allegations contained in Paragraphs 93 and 94 of the Answer.

Transcription

1 SCANNED ON SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK... CENTRAL PARKING SYSTEM OF NEW YORK, INC., X -against- Plaintiff, QUIK PARK (LEASECO 111) LLC, QUIK PARK NYC (LEASECO) LLC, QUIK PARK NYC HOLDINGS LLC, QUIK PARK BROADWAY GARAGE LLC, QUIK PARK WEST 56TH ST. LLC AND BROADWAY & 56TE STREET ASSOClATES, L.P., Index No REPLY OF DEFENDANT- BROADWAY & 56TH STREET ASSOCIATES, L.P. TO THE AMENDED VERIFIED ANSWER OF DEFENDANT-QUIK PARK BROADWAY GARAGE LLC L ;= 1x ' -* Defendant-BROADWAY & 56TH STREET ASSOCIATES, L.P., herebsd&y, claims of Defendant-Quik Park Broadway Garage LLC in the Amended Verified Answer dated June 3, 2009 ("Answer") as follows: Admit the allegations contained in Paragraphs 93 and 94 of the Answer. Lacks sufficient knowledge or information to form a belief as to the allegations contained Paragraph 95, 102 and the first paragraph 108 of the Answer. 3. Denies the allegations contained in Paragraphs 96, 97, 99, 100, 101, 103, 106 and the second paragraph 108 of the Answer. 4. As to paragraph 105 of the Answer admit only that Defendant has paid its rent and denies the balance of the allegations contained in said paragraph of the Answer. FIRST AFFIRMATIVE DEFENSE TO THE FIRST SECOND AND THIRD CROSS CLAIMS 5. The Lease between Defendant-BROADWAY & 56TH STREET ASSOCIATES, L.P. and Defendant-Quik Park Broadway Garage LLC specifically describes the "premises" or "demised premises'' leased "as portions of the cellar and subcellar shown hatched on Exhibit A" in the building located at 1755 Broadway (also known as 235 West 56rth Street) in the Borough of Manhattan, city of I Supreme Court Records OnLine Library - page 1 of 6

2 New York Notlfing on Exhibit A attached to the Lease refers to the 48 Space Maker vehicle lifts. Nothing in the Lease refers to the 48 Space Maker vehicle lifts. The First Second and Third Cross-claims of the Answer fail to state a cause of action against the Defendant-BROADWAY & 56TH STREET ASSOCIATES, L.P. since there is no allegation that the said Defendant owned or claimed ownership of the 48 Space Maker vehicle lifts or that they were part of the conveyance of the premises to Defendant-Quik Park Broadway Garage LLC. SECOND AFFIRMATIVE DEFENSE TO -~ THE FIRST SECOND AND THIRO CROSS CLAIMS 9. The First Second and Third Cross-claims of the Answer are barred by the merger clause in Paragraph 20 of the Lease. THIRD AFFIRMATIVE DEFENSE TO THE FIRST SECOND AND THIRD CROSS CLAIMS 10. The First Second and Third Cross-claims of the Answer fail to state a cause of action against the Defendant-BROADWAY & 56TH STREET ASSOCIATES, L.P. since there is no allegation that any provision of the Lease between Defendant-BROADWAY & 56TH STREET ASSOCIATES, L.P. and Defendant-Quik Park Broadway Garage LLC provided for the leasing of the 48 Space Maker vehicle lifts to Defendant-Quik Park'Broadway Garage LLC.and Third Cross-claims of the Answer are barred by the merger clause in Paragraph 20 of the Lease. FOURTH AFFIRMATIVE DEFENSE TO - THE FOURTH CROSS CLAIM 1 1. The Fourth Cross-claim fails to state a cause of action inasmuch there is no allegation of a contract or statute entitling the said Defendant to be entitled to attorney's fees in this action. WHEREFORE, Plaintiff demands judgment against the Defendant dismissing the Cross-claims in the Amended Answer. Dated: New York, New York June 25, Supreme Court Records OnLine Library - page 2 of 6

3 Yours, etc. JAFFE, ROSS & LIGHT LLP By: Attorneys for Defendant - Broadway & 56th Street Associates L.P. 880 Third Avenue, 15th Floor New York, New York (212) To: Fixler & Lagattuta, LLP Attorney for Plaintiff-Central Parking System of New York, Inc. 6 1 Broadway-Suite New York, N.Y (212) Nessenoff & Miltenberg LLP Attorney for Defendant-Quik Park Broadway Garage LLC 363 Seventh Ave. 5'h Floor New York, NY (212) Supreme Court Records OnLine Library - page 3 of 6

4 4. ' VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Dennis Brady, being duly sworn, deposes and says: 1. I am a Managing Director of Jack Resnick & Sons, Inc. the agent for Defendant - Broadway & 56th Street Associates L.P.. 2. I am fully familiar with th5facts stated in this Reply, which are within my actual knowledge. 3. I have read the foregoing r and to the best of my knowledge the allegations contained therein are true except those matters stated upon information and belief which I believe to be true. 4. As the matter stated upon information, the source of my information are books and records maintained by the Defendant-Broadway & 56th Street Associates, L.P. with respect to Plaintiff-Central Parking System of New York, Inc. and Defendant-Quik Park Broadway Garage LLC. Sworn to before me this 2Sh dav of Juni ELENA E. PASCAL Notary Public, State of New York NO ' Qualified in New York County Commission Expires /is) I. I Supreme Court Records OnLine Library - page 4 of 6

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YO=... CENTRAL PARKING SYSTEM OF NEW YORK, INC., -against- Plaintiff, X Index No /2009 AFFIDAVIT OF SERVICE QUIK PARK (LEASECO III) LLC, QUIK PARK NYC (LEASECO) LLC, QUIK PARK NYC HOLDINGS LLC, QUIK PARK BROADWAY GARAGE LLC, QUIK PARK WEST 5tiTH ST. LLC and BROADWAY & 56TH STREET ASSOCIATES, L.P., Defendant.... STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) X I, Maureen Butler, being duly sworn, say: I am not a party to the action, am over 18 years of age and reside in New York. On June 25, 2009, I caused the within REPLY OF DEFENDANT-BROADWAY & 56TH STREET ASSOCIATES L.P. TO THE AMENDED VERIFIED ANSWER OF DEFENDANT-QUIK PARK BROADWAY GARAGE LLC to be served upon: Fixler & Lagattuta, LLP 6 1 Broadway-Suite New York, N.Y Nessenoff & Miltenberg LLP 363 Seventh Ave. 5th Floor New York, NY by first class mail by depositing a true copy thereof in a post-paid w depository under the exclusive care and custody o State. Sworn to before me this 26th day of June, 2009 n N ary Public Q_) I Supreme Court Records OnLine Library - page 5 of 6 JOAN AIATRISTE NOTARY PUBLIC - STATE OF NEW YORK NO QUALIFIED IN BRONX COUNM MY COMMISSION EXPIRES NOV. 30,2069

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