EXHIBIT B
NYSCEF IFILED; DOC. NEW NO. 10 YORK COUNTY CLERK 12/04/2016 08!41 PM RECEIVED INDEX NYSCEF: NO. 158967/2016 03/08/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TOWER INSURANCE COMPANY OF NEW YORK X Index No: 158967/16 -against- Plaintiff, VERIFIED ANSWER LAURA E. KREFT, PAUL KREFT, and ALLA LIPINA-SKYBA, As Administrator of the Goods, Chattels and Credits which were of OLYA LIP IN A Deceased, and ALLA LIPINA-SKYBA, Individually, Defendants. X The Defendant, LAURA E. KREFT, by and through her attorney, LAW OFFICES OF PETER GINSBERG, PLLC, answering the Complaint, respectfully set forth and allege as follows: 1. Defendant admits tlie allegations in paragraph 2,3,6, 7 & 8 of the PlaintifTs complaint. 2. Defendant denies knowledge and information sufficient to form a belief as to the allegations contained in paragraphs 1,4,5, & 9-14. AS AND FOR THE FIRST CAUSE OF ACTI ON 3. The answering Defendant repeats each and every response to paragraph 1 through 14 of The Verified Complaint in response to paragraph 15. 4. Defendant denies the allegations set forth 16 & 17. AS AND FOR THE SECOND CAUSE OF ACTION 5. The answering Defendant repeats each and every response to paragraph 1 through 17 of The Verified Complaint in response to paragraph 18. 6. Defendant denies the allegations set forth 19-21. AS AND FOR THE THIRD CAUSE OF ACTION 7. The answering Defendant repeats each and every response to paragraph 1 through 21 of The Verified Complaint in response to paragraph 22. 1 of 20
8. Defendant denies knowledge and information sufficient to form a belief as to the allegations contained in paragraphs 23,24,25 & 27. 9. Defendant denies the allegations set forth in paragraphs 26,28,29 of the PlaintifiTs complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 10. That the plaintiff has failed to state a cause of action. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 11. The statement(s) made by the plaintiff in the above action have been false and fraudulent to the knowledge of the defendant(s). Plaintiff has unclean hands. AC ANn trow A THfRD AFFIRMATIVE DEFENSE 12 That if the plaintiff sustained damages as alleged in the complamt, such damages are attributable in whole or in part, to the culpable conduct and/or assumption of risk by the nlaintifr If any damages are recoverable against this answering defendant, the mount of such as should be" minished in the proportion which the culpable conduct -d/ r a^i^puon of risk attributable to the plaintiff bears to the culpable conduct, if any, of the answering defendants. Ag AMn FOR AN FOURTH AFFIRMATIVE DEFENSE 13. Plaintiff has breached its alleged agreement with defendants, in part, by acting in bad faith and without fair dealings with defendant. Ag AXn FOR A FIFTH AFFIRMATIVF. DEFENSE 14 That because the complaint is couched in vague and eonclusory terms, defendants cannot fully allege and anticipate all affirmative defenses that m^ be applicable to the within action. Accordingly, the right to assert additional affiimative defenses, if and to the extent that such affirmative defenses are applicable, is hereby reserved. AC AMntrnP A.SIXTH AFFIRMATIVK DEFENSE 15 This defendant claims the benefit of each and every provision of CPLR 4545 including but not limited to any credit or offset by reason of any replacement or indemnification of costs or expenses from any collateral source. 2 of 20
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 16. Upon information and belief, this answering defendant does not owe any duty to the plaintiff for the damages alleged in this lawsuit. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 17. Upon information and belief, the within action seeking to void the subject insurance policy violates plaintiffs duty to defend defendant LAURA E. KREFT in any claims that may arise during the applicable policy period. Plaintiff has failed to set lorth allegations in the complaint to relieve it of its duty to defend and indemnity and its allegations fail to fall within the exclusions of the policy, and without being subject to any other reasonable interpretation, and there being no other possible factual or legal basis upon to disclaim, the insurer must be held obligated to indemnity the insured. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 18. Upon information and belief, plaintiff failed to mitigate any of the damages it allegedly suffered. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 19. The Plaintiff has not been prejudiced by any alleged delay in receipt of either the claim or the underlying lawsuit. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 20. Plaintiffs claim is barred by the doctrine of laches. AS AND FOR A FIRST COUNTERCLAIM 21. Defendant seeks attorney fees for the defense of this frivolous and baseless action to be determined at the conclusion of this matter. AS AND FOR THE SECOND rounterclalm 22. Defendant seeks punitive damages in the amount ot Hundred Thousand Dollars due the emotional distress and mental anguish associated with the Plaintiffs actions. WHEREFORE Defendants demand judgment against the Plaintiff dismissing the Plaintiffs Complaint herein and ^ting relief sought by the defendants in their counterclaims and such other and further relief as to the Court may seem just and proper. 3 Of 20
December 4,2016 LAW OFFfCES OF SETER GINSBERG, PLLC By: Peter Ginsbergy Attorney for Defendant LAURA E. KREFT 100 Herricks Roaa, Suite 205B Mineola, New York 11501 (516) 742-7747 TO: Brown & Associates Attomey(s) for Plaintiffs 800 Plaza 2-8"^ Floor Jersey City NJ 07311 212.380.0802 336.435.0938 Paul Kreft Pro-Se Defendant 86-14 55*^ Road Elmhurst, NY 11373 Balzano & Associates Attorneys for Defendants ALLA LIPINA-SKYBA, as Adminstrator of the Goods, Chattals and Credits which were of OLYA LIPINA Deceased, and ALLA LIPINA- SKYBA, individually 20 Vesey Street, Suite 503 New York, NY 10007 Courtesy Copy to: Daniel Finer 23A Wakeman Road Hampton Bays, NY 11946 Linda Finer 23 A Wakeman Road Hampton Bays, NY 11946 4 of 20
VERIFICATION I, the undersigned, being duly sworn, depose and say: I am an attorney admitted to practice in the courts of the State of New York, with offices at 100 Herricks Road - Suite 205 B, Mineola, New York 11501. I affirm under penalties of perjury that I am the attomey for the following party(s) to this action: Defendant LAURA E. KREFT The foregoing answer is true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to them I believe it to be true. The grounds for my belief as to all matters not stated upon my own knowledge ai'c the information contained in the documents in my file and interviews with my client, fhe reason why this verification is made by me and not by my clients is that they reside in a county other than that in which I maintain my offices. December 4, 2016 isberg, ESQ. 5 of 20
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TOWER INSURANCE COMPANY OF NEW YORK Index No.: 158967/2016 -against- Plaintiff(s), LAURA E. KREFT, PAUL KREFT, and A1.LA LIPINA - SKYPBA, as Administrator of the Goods, Chattels and Credits which were of OLYA LIPINA Deceased, and ALLA LIPINA - SKYBA, individually, Defendant(s). VERIFIED ANSWER LAW OFFICES OF PETER GINSBERG, PLLC Attorneys for Defendant{s) LAUIiA E. KREFT Office & P.O. Address ICQ Herricks Road - Suite 205B Mineola, hpis 11301 (516) 74: By: pursucp R. 130-1.1-a: TO: Attomey(s) for Plaintiff (s) Office & P.O. Address PETER GINSBERG NOTICE OF ENTRY Sirs: Please take notice that the within is a true :opy of an luly entered in the office of the Clerk of the within lamed Court on Yours, etc. LAW OFFICES OF PETER GINSBERG, PLLC \ttomeys for Defendant(s) LAURA E. KREFT 100 Herricks Road - Suite 205B Vlineola,NY 11501 516) 742-7747 ro: Attomey(s) for Plaintiff(s) NOTICE OF SETTLEMENT Sirs: Please take notice that an Order of which the within is a true copy will be presented to the Hon. one of the judges of the within Court at on ^20 at A.M./P.M., 20 Yours, etc. LAW OFFICES OF PETER GINSBERG, PLLC Attorneys for Defendant(s) LAURA E. KREFT 100 Herricks Road - Suite 205B Mineola, NY 11501 6 of 20