SCANNED ON 1111012009 I Plaintiff, -against- VERIFIED ANSWER 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 : & 56TH STREET ASSOCIATES, L.P.,... F\bdj, Q%!@ Defendants. *Q4 @& @$$ X &-&9+i% qo,c$q Defendants, Quik Park (Leaseco 111) LLC, Quik Park NYC (Leaseco) LLC, Qui Holdings, LLC, Quik Park West 56th St. LLC, (hereinafter, "Defendants"), by and through their attorney, Nesenoff & Miltenberg, LLP, as and for their Verified Answer to the Verified Complaint of Plaintiff (hereinafter, the "Complaint"), respectfully allege as follows: t,o;l\! 1. allegations contained in paragraph 1 of the Verified Complaint. 2. allegations contained in paragraph 2 of the Verified Complaint. C 3. 4. 5. 6. 7. 8. Defendants admit the allegations contained in paragraph 3 of the Verified Complaint. Defendants admit the allegations contained in paragraph 4 of the Verified Complaint. Defendants admit the allegations contained in paragraph 5 of the Verified Complaint. Defendants admit the allegations contained in paragraph 6 of the Verified Complaint. Defendants admit the allegations contained in paragraph 7 of the Verified Complaint. allegations contained in paragraph 8 of the Verified Complaint. 9. allegations contained in paragraph 9 of the Verified Complaint. 10. Supreme Court Records OnLine Library - page 1 of 7
allegations contained in paragraph 10 of the Verified Complaint. 11. allegations contained in paragraph 11 of the Verified Complaint. 12. allegations contained in paragraph 12 of the Verified Complaint. 13. allegations contained in paragraph 13 of the Verified Complaint. 14. allegations contained in paragraph 14 of the Verified Complaint. 15. allegations contained in paragraph 15 of the Verified Complaint. 16. 17. 18. 19. 20. Defendants deny the allegations contained in paragraph 16 of the Verified Complaint. Defendants deny the allegations contained in paragraph 17 of the Verified Complaint. Defendants deny the allegations contained in paragraph 18 of the Verified Complaint. Defendants deny the allegations contained in paragraph 19 of the Verified Complaint. Defendants admit the allegations contained in paragraph 20 of the Verified Complaint. 21. 22. 23. 24. 25. Defendants deny the allegations contained in paragraph 21 of the Verified Complaint. Defendants deny the allegations contained in paragraph 22 of the Verified Complaint. Defendants deny the allegations contained in paragraph 23 of the Verified Complaint. Defendants deny the allegations contained in paragraph 24 of the Verified Complaint. Defendants admit the allegations contained in paragraph 25 of the Verified Complaint. 26. allegations contained in paragraph 26 of the Verified Complaint. 27. allegations contained in paragraph 27 of the Verified Complaint. Supreme Court Records OnLine Library - page 2 of 7
28. allegations contained in paragraph 28 of the Verified Complaint. 29. allegations contained in paragraph 29 of the Verified Complaint. 30. allegations contained in paragraph 30 of the Verified Complaint. 3 1. 32. 33. Defendants deny the allegations contained in paragraph 3 1 of the Verified Complaint. Defendants deny the allegations contained in paragraph 32 of the Verified Complaint. above as though set forth more fully herein in paragraph 1 through 32 of the Verified Complaint. 34. 35. 36. 37. Defendants deny the allegations contained in paragraph 34 of the Verified Complaint. Defendants deny the allegations contained in paragraph 35 of the Verified Complaint. Defendants deny the allegations containedin paragraph 36 of the Verified Complaint. allegations contained in paragraph 37 of the Verified Complaint. 3 8. 39. 40. Defendants deny the allegations contained in paragraph 3 8 of the Verified Complaint. Defendants deny the allegations contained in paragraph 39 of the Verified Complaint. above as though set forth more fully herein in paragraph 1 through 39 of the Verified Complaint. 41. 42. 43. 44. Defendants deny the allegations contained in paragraph 41 of the Verified Complaint. Defendants deny the allegations contained in paragraph 42 of the Verified Complaint. Defendants deny the allegations contained in paragraph 43 of the Verified Complaint. allegations contained in paragraph 44 of the Verified Complaint. 45. 46. 47. Defendants deny the allegations contained in paragraph 45 of the Verified Complaint. Defendants deny the allegations contained in paragraph 46 of the Verified Complaint. Supreme Court Records OnLine Library - page 3 of 7
above as though set forth more fully herein in paragraph 1 through 46 of the Verified Complaint. 48. 49. 50. 51. Defendants deny the allegations contained in paragraph 48 of the Verified Complaint. Defendants deny the allegations contained in paragraph 49 of the Verified Complaint. Defendants deny the allegations contained in paragraph 50 of the Verified Complaint. above as though set forth more hlly herein in paragraph 1 through 50 of the Verified Complaint. 52. 53. Defendants deny the allegations contained in paragraph 52 of the Verified Complaint. allegations contained in paragraph 53 of the Verified Complaint. 54. 55. 56. Defendants deny the allegations contained in paragraph 54 of the Verified Complaint. Defendants deny the allegations contained in paragraph 55 of the Verified Complaint. Any allegations not specifically admitted are deemed denied. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 57. The Complaint has failed to state a claim upon which relief may be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 58. Defendant Quik Park (Leaseco 111) LLC is not a proper party to this proceeding. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 59. Defendant Quik Park NYC (Leaseco) LLC is not a proper to this proceeding. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 60. Defendant Quik Park NYC Holdings, LLC is not a proper party to this proceeding. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 61. Defendant Quik Park West 56th ST. LLC is not a proper party to this proceeding. Supreme Court Records OnLine Library - page 4 of 7
omission. AS FOR A SIXTH AFFIRMATIVE DEFENSE 62. The Complaint is barred by Plaintiffs fraud, misrepresentation, and material AS FOR A SEVENTH AFFIRMATIVE DEFENSE 63. Any damages allegedly incurred by the Plaintiff were the result of its own actions, errors, or omissions, and were not caused, whether in whole or in part, by the alleged actions or omissions of the Defendants. WHEREFORE, Defendants demand judgment dismissing the Complaint with prejudice, awarding the costs and disbursements of this action, and awarding such other and further relief as this Court may deem just and proper. Dated: New York, New York November 9,2009 NESENOFF & MILTENBERG LLP Attorneys for Defendants Quik Park (Leaseco 111) LLC, Quik Park NYC (Leaseco) LLC, Quik Quik Park West By: TO: Jason L. Fixler, Esq. Fixler & LaGattuta, LLP 61 Broadway, Suite 1105 New York, New York 10006 (2 12)785-9800 Burton R. Ross, Esq. Jaffe, Ross & Light, LLP 880 Third Avenue, 15fh Floor New York, New York 10022 (212) 751-1700 Supreme Court Records OnLine Library - page 5 of 7
VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Andrew T. Miltenberg, being duly sworn, deposes and says: Deponent, an attorney duly admitted to practice before the courts of the State of New York, is a partner with Nesenoff & Miltenberg, the attorneys for Defendants herein; has read the foregoing Verified Answer; and verifies that the contents of said Verified Answer are true to the knowledge of deponent, except as to those matters therein stated to be alleged on information and belief, and as to those matters deponent believes the same to be true. The source of my information and the grounds for my belief as to those matters alleged to be upon information and belief are the books and records of Defendants herein, the examination of documents relating to this matter, and oral statements of Defendants and their agents and/or employees. I make this verification pursuant to CPLR Section 3020(d). Dated: New York, New York November 9,2009 Supreme Court Records OnLine Library - page 6 of 7
I -,. Index No.: 103417/09 SUPREME COURT OF THE STATE OF NEW YO COUNTY OF NEW YORK - -------------------- I ---------------------------- CENTRAL PARKING SYSTEM OF NEW YORK, &, Plaintiff, cl -against- 4 QUIK PARK (LEASECO 111) LLC, QUIL PARK NYC (LEASECO) LLC, QUIK PARK NYC HOLDINGS LLC, QUIK PARK BROADWAY GARAGE LLC, $UIK PARK WEST 56TH ST. LLC and BROADWAY & 56 STREET ASSOCIATES, L.P. Defendants. VERIFIED ANSWER NESENOFF & MILTENBERG, LLP Attorneys for Defendants Quik Park ( Leaseco 111) LLC, Quik Park NYC (Leaseco) LLC, Quik Park NYC Holdings, LLC and Quik Park West 56* St. LLC Office and Post Office Address 363 SEVENTH AVENUE FIFTH FLOOR NEWYORK,NEWYORK 10001 (212) 736-4500 Supreme Court Records OnLine Library - page 7 of 7