FILED: NEW YORK COUNTY CLERK 10/24/ :51 AM INDEX NO /2016 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 10/24/2018

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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X UNIVERSAL PROCESSING SERVICES OF WISCONSIN, LLC d/b/a NEWTEK MERCHANT Index No /2016 SOLUTIONS, Plaintiff, VERIFIED ANSWER -against- TO AMENDED COMPLAINT CHARLES BERGER, JOSEPH FISCHER, MIRIAM GRISSMAN, JACOB GOLDBERG, GILA BERNSTEIN, TOBY BICK, NAFTALIA BICK, SHEA FARKAS, SALOMON GALITZKY, CHAYA GORDON, YOSAIF KITAY, MOSHE KlTKAY, DEVORA KlTAY, ISRAEL KOHN, BLIME ADLER, ALLAN A. BERNSTEIN, RUCHEL BREUER, MARK ROSSENWASSER, ARON GROSSMAN, JOEL TYRNAUER, CONGREGATION BAIS MALKA, JP MORGAN CHASE &CO., and CHASE BANK USA, N.A. Defendants x Defendants Charles Berger, Joseph Fischer, Miriam Grissman, Jacob Goldberg, Gila Bernstein, Toby Bick, Naftalia Bick, Chaya Gordon, Yosaif Kitay, Moshe Kitkay, Devora Kitay, Blime Adler, Allan A. Bernstein, Mark Rossenwasser, Aron Grossman, and Congregation Bais Malka ("Answering Defendants"), by their attorneys Savad Churgin, LLP, as and for their Answer to the Amended Complaint, respond as follows: Introduction 1. Deny each and every allegation set forth in paragraphs 1, and 4 of the Complaint. 2. Deny each and every allegation set forth in paragraph 2 of the Complaint, except admit that Neil Chandran committed fraud upon the Answering Defendants. 1 1 of 8

2 3. Deny knowledge and information sufficient to form a belief to the allegations contained in paragraphs 3, 5, 6, 7, 8 and 9 of the Complaint. Parties. Jurisdiction and Venue 4. Deny knowledge and information sufficient to form a belief to the allegations contained in paragraphs 10, 18, 19, 29, 31, 32, 33, 34, 35, 36 and 37 of the Complaint. 5. As and for their response to the allegations in paragraphs 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 30 of the Complaint, Answering Defendants admit that tablets were purchased and deny all other allegations. Background 6. Deny knowledge and information sufficient to form a belief to the allegaticñs contained in paragraphs 38, 39, 40, 41, 42, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60, 61, 62 and 63 of the Complaint. 7. Deny each and every allegation set forth in paragraphs 40, 43, 44 and 45 of the Complaint. 8. Deny knowledge and information sufficient to form a belief to the a!!egations in paragraph 59, except to admit that Leader Defendants provided information to Answering Defendant which was purported to be from sellers. 2 2 of 8

3 9. Deny knowledge and information sufficient to form a belief as paragraph 64, except to admit that Leader Defendants provided Answering Defendants with forms to fill out. As and For a Resoonse to the First Cause of Action (Against Chargeback Defendants) (Aiding and Abetting Fraud) 10. As and for their response to paragraph 65 of the Complaint, defendants repeat, reiterate, and reallege each and every admissicñ, denial and allegation contained in paragraphs 1 through 9 of this Answer as if each were more fully set forth herein. 11. Deny knowledge and information sufficient to form a belief to the allegations contained in paragraphs 66, 67, 68, 69, 70, 71, 72, 73, 74 and 75 of the Complaint. 12. Deny each and every allegation set forth in paragraphs 76, 77, 78, 79, 80 and 81 of the Complaint. As and For a Response to the Second Cause of Action (Against Chargeback Defendants) (Unjust Enrichment) 13. As and for their response to paragraph 82 of the Complaint, defendants repeat, reiterate, and reallege each and every adrñission, denial and a!!egation contained in paragraphs 1 through 12 of this Answer as if each were more fully set forth herein. 14. Deny each and every allegation set forth in paragraphs 83, 84 and of 8

4 As and For a Resoonse to the Third Cause of Action (Against Leader Defendants) (Aiding and Abetting Fraud) 15. As and for their response to paragraph 86 of the Complaint, defendants repeat, reiterate, and reallege each and every admission, denial and allegation contained in paragraphs 1 through 14 of this Answer as if each were more fully set forth herein. 16. Deny knowledge and information sufficient to form a belief to the allegations contained in paragraphs 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101 and 102 of the Complaint. As and For a Fourth Cause of Action (Against Leader Defendants) (Unjust Enrichment) 17. As and for further response to Paragraph 103, defendants repeat, reiterate and reallege each and every admission, denial and allegation contained in paragraphs 1 through 16 of ths Answer as if each were more fully set forth herein. 18. Deny knowledge and information sufficient to form a believe as to the a!!egations contained in Paragraphs 104, 105 and 106 of the Complaint. As and For a First Affirmative Defense 19. Plaintiff's claims must be dismissed for a lack of privity. 4 4 of 8

5 As and For a Second Affirmative Defense 20. Plaintiff's claims must be dismissed for failure to state a cause of action. As and For a Third Affirmative Defense 21. Plaintiff's claims must be dismissed for a lack of any duty of care. As and For a Fourth Affirmative Defense 22. Plaintiff's claims must be dismissed for failure to plead fraud with sufficient particularity. As and For a Fifth Affirmative Defense 23. The Answering Defendants were victims of the Sellers. As and For a Sixth Affirmative Defense 24. The claims are barred because the legal and/or proximate cause of any damages, injury or harm allegedly suffered by Plaintiff was Plaintiff's own making. As and For a Seventh Affirmative Defense 25. The claims are barred because they are refuted by documentary evidence. 5 5 of 8

6 As and For Eight Affirmative Defense 26. The claims are barred because Plaintiff failed to mitigate damages. WHEREFORE, Answering Defendants respectfully request that the Court dismiss the Complaint, with all costs of litigation including attorney's fees together with such other and further relief as the Court deems just and proper. Dated:Nanuet, New York October 23, 2018 JOSE H A. CHURGIN, ESQ. Savad Churgin, LLP Attorneys for Defendants Charles Berger, Joseph Fischer, Miriam Grissman, Jacob Goldberg, Gila Bernstein, Toby Bick, Naftalia Bick, Chaya Gordon, Yosaif Kitay, Moshe Kitkay, Devora Kitay, Blime Adler, Allan A. Bernstein, Mark Rossenwasser, Aron Grossman, and Congregation Bais Malka 55 Old Turnpike Road, Suite 209 Nanuet, New York (845) j.churqin@savadchurqin.com 6 6 of 8

7 To: BRIAN S. COHEN, ESQ. LACHTMAN COHEN P.C. Attorneys for Plaintiff 47th 15 West street, Suite 1009 New York, NY Tel: (646) SOLOMON ROSENGARTEN, ESQ. Attorney for Defendant JOEL TYRNAUER 1704 Avenue M Brooklyn, New York Tel: of 8

8 VERIFICATION STATE OF NEW YORK ) COUNTY OF ROCKLAND ) ) ARON GROSSMAN, duly affirms and says: I am a defendant in the action herein; I have read the annexed Answer to the Amended Complaint and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. I affirm pursuant to my religious beliefs ARON GRÔSSMAN Affirmed before me this 33 day of October, Notary Pubffc QuaGHedin Bookland Co commission eq*es Agntl of 8