FILED: KINGS COUNTY CLERK 11/29/2016 06:00 PM INDEX NO. 945/2015 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/29/2016 EXHIBITE
--------------'1 lllmil SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------X STELLAR PRINTING, INC, Index No. 945115 Plaintiff, ANSWER -against- DER BLA IT, INC. Defendant. ---------------------------------------X Der Blatt, Inc. ("Der Blatt"), by its attorney, Joseph J. Haspel, answers the Complaint of Plaintiff as follows: 1. Der Blatt denies knowledge and infonnation sufficient to form a belief as to the allegations contained in Paragraph 1. 2. Der Blatt admits the allegations contained in paragraph 2 of the Complaint. 3. Der Blatt admits the allegations contained in paragraph 3 of the Complaint. 4. Der Blatt admits the allegations contained in paragraph 4 of the Complaint. 5. Der Blatt denies the allegations contained in Paragraph 5 of the Complaint, except 6. Der Blatt denies the allegations contained in Paragraph 6 of the Complaint, except 7. Der Blatt denies the allegations contained in Paragraph 7 of the Complaint, except 8. Der Blatt denies the allegations contained in Paragraph 8 of the Complaint, except JOSEPH J. HASPEL, ESQ. 1
9. Der Blatt denies the allegations contained in Paragraph 9 of the Complaint, except 10. Der Blatt denies the allegations contained in Paragraph 10 of the Complaint, 1I. Der Blatt denies the allegations contained in Paragraph II of the Complaint, 12. Der Blatt denies the allegations contained in Paragraph 12 of the Complaint, 13. Der Blatt denies the allegations contained in Paragraph 13 of the Complaint, 14. Der Blatt denies the allegations contained in Paragraph 14 of the Complaint, 15. Der Blatt denies the allegations contained in Paragraph I5 of the Complaint, 16. Der Blatt denies the allegations contained in Paragraph 16 of the Complaint, 17. Der Blatt denies the allegations contained in Paragraph 17 of the Complaint, 18. Der Blatt denies the allegations contained in Paragraph I8 of the Complaint, 19. Der Blatt denies the allegations contained in Paragraph 19 ofthe Complaint, JOSEPH.J. HASPEl, E!SQ. 2
20. Der Blatt denies the allegations contained in Paragraph 20 of the Complaint, 21. Der Blatt denies the allegations contained in Paragraph 21 ofthe Complaint, 22. Der Blatt denies the allegations contained in Paragraph 22 of the Complaint, 23. Der Blatt denies the allegations contained in Paragraph 23 of the Complaint, 24. Der Blatt denies the allegations contained in Paragraph 24 of the Complaint, 25. Der Blatt denies the allegations contained in Paragraph 25 of the Complaint, 26. Der Blatt denies the allegations contained in Paragraph 26 of the Complaint, 27. With respect to Paragraph 27 of the Complaint, Der Blatt repeats its answers s~~: forth in Paragraphs 1 through 26 herein. 28. Der Blatt denies the allegations contained in Paragraph 28 of the Complaint. 29. Der Blatt denies the allegations contained in Paragraph 29 ofthe Complaint. 30. Der Blatt denies the allegations contained in Paragraph 30 of the Complaint. 31. Der Blatt denies the allegations contained in Paragraph 31 of the Complaint. 32. Insofar as the statements contained in Paragraph 32 of the Complaint are conclusions oflaw, Der Blatt neither admits nor denies such allegations, but refers the issue of JOSEPHJ.HASPEL,ESQ. 3
law to the Court. To the extent, if any, there are allegations of fact contained in Paragraph 32 of the Complaint, Der Blatt denies such allegations. 33. With respect to Paragraph 33 of the Complaint, Der Blatt repeats its answers s ::t: forth in Paragraphs 1 through 32 herein. 34. Der Blatt denies the allegations contained in Paragraph 34 of the Complaint. 35. Der Blatt denies the allegations contained in Paragraph 35 of the Complaint. 36. Insofar as the statements contained in Paragraph 36 of the Complaint are conclusions of law, Der Blatt neither admits nor denies such allegations, but refers the issue c f law to the Court. To the extent, if any, there are allegations offact contained in Paragraph 36 :)f the Complaint, Der Blatt denies such allegations. 37. With respect to Paragraph 37 of the Complaint, Der Blatt repeats its answers set forth in Paragraphs 1 through 36 herein. 38. Der Blatt denies the allegations contained in Paragraph 38 of the Complaint. 39. Insofar as the statements contained in Paragraph 36 of the Complaint are conclusions oflaw, Der Blatt neither admits nor denies such allegations, but refers the issue of law to the Court. To the extent, if any, there are allegations of fact contained in Paragraph 36 of the Complaint, Der Blatt denies such allegations. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 40. Plaintiff fails to state a cause of action for which relief may be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 41. Accord and Satisfaction. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 42. Any product and or services provided by Plaintiff were substandard.. JOSEPH.J. HASPEL, ESQ. 4
relationship. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 43. Plaintiffhad no communications with Defendant outside their contractual AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 44. Plaintiff's billings were inconsistent with contractual terms and inflated. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 45. Included in Plaintiff's billing to Der Blatt were goods and services rendered to entities other than Der Blatt, for which Der Blatt is not responsible. WHEREFORE, Defendant respectfully requests that the Complaint ofplaintiffbe dismissed in toto, and such other relief as this Court deems proper. Dated: February 25,2015 Goshen, New York JOSEPH J. HASPEL, ESQ. 5