FILED: NEW YORK COUNTY CLERK 03/11/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/11/2015 EXHIBIT A

Similar documents
FILED: ERIE COUNTY CLERK 09/19/ :42 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/19/2014

FILED: NEW YORK COUNTY CLERK 07/20/ :42 AM INDEX NO /2013 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 07/20/2015. Exhibit A

FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013

FILED: NEW YORK COUNTY CLERK 06/14/ :52 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/14/2016

FILED: NEW YORK COUNTY CLERK 08/05/ :48 PM INDEX NO /2013 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 08/05/2016. Exhibit 1

FILED: NEW YORK COUNTY CLERK 11/06/ :59 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2016

FILED: NEW YORK COUNTY CLERK 08/30/ :20 AM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/30/2016

FILED: NEW YORK COUNTY CLERK 07/06/ :18 PM INDEX NO /2006 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/06/2016. Exhibit 21

FILED: NEW YORK COUNTY CLERK 09/13/ :43 PM INDEX NO /2015 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/13/2016. Exhibit 1

FILED: NEW YORK COUNTY CLERK 07/26/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2016

FILED: NEW YORK COUNTY CLERK 08/17/ :58 AM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 08/17/2016 SUPREME COURT OF THE STATE OF NEW

FILED: NEW YORK COUNTY CLERK 10/03/ :34 AM INDEX NO /2014 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 10/03/2014

FILED: KINGS COUNTY CLERK 03/28/ :51 PM INDEX NO /2016 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 03/28/2017

FILED: KINGS COUNTY CLERK 10/26/ :38 PM INDEX NO /2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/26/2016 EXHIBIT A

FILED: NEW YORK COUNTY CLERK 02/06/2014 INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/06/2014

FILED: NEW YORK COUNTY CLERK 11/11/ :48 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/11/2015

FILED: NEW YORK COUNTY CLERK 10/09/ :53 PM

FILED: NEW YORK COUNTY CLERK 10/08/ :47 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/08/2015

FILED: NEW YORK COUNTY CLERK 12/19/ :21 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/19/2016

FILED: NEW YORK COUNTY CLERK 06/05/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/05/2015

FILED: NEW YORK COUNTY CLERK 04/15/ :21 PM INDEX NO /2014 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/15/2016

X Index No. Date Purchased: Plaintiff, Defendants.

FILED: ORANGE COUNTY CLERK 03/30/ :05 PM

FILED: NEW YORK COUNTY CLERK 06/02/ /15/ :56 02:55 AM PM INDEX NO /2015 NYSCEF DOC. NO. 149 RECEIVED NYSCEF: 06/02/2015

FILED: NEW YORK COUNTY CLERK 06/19/ :05 PM INDEX NO /2015 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 06/19/2015

FILED: KINGS COUNTY CLERK 10/13/ :25 AM INDEX NO /2016 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/13/2016

Third-Party Plaintiff, Third-Party Defendant x YOU ARE HEREBY SUMMONED, to answer the Complaint of the

FILED: KINGS COUNTY CLERK 06/16/ :02 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/16/2017

FILED: NEW YORK COUNTY CLERK 07/18/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 07/18/2018

$700,000 against defendants Monadnock Construction Inc. (hereinafter "Monadnock"),

FILED: BRONX COUNTY CLERK 07/16/2014 INDEX NO /2013E NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 07/16/2014

FILED: NEW YORK COUNTY CLERK 01/23/2012 INDEX NO /2011 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2012. Minelli Cons

FILED: NEW YORK COUNTY CLERK 09/30/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/30/2016

FILED: KINGS COUNTY CLERK 06/08/ /30/ :11 03:00 PM INDEX NO /2015 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/08/2015

Case 1:17-cv LAP Document 1 Filed 01/30/17 Page 1 of 3

FILED: NEW YORK COUNTY CLERK 03/19/ :45 PM INDEX NO /2016 NYSCEF DOC. NO. 168 RECEIVED NYSCEF: 03/19/2018

FILED: NEW YORK COUNTY CLERK 11/01/ :57 PM INDEX NO /2016 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 11/01/2016

FILED: KINGS COUNTY CLERK 09/22/ :49 PM INDEX NO /2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/22/2016. Exhibit D {N

FILED: NEW YORK COUNTY CLERK 08/17/2011 INDEX NO /2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/17/2011

FILED: NEW YORK COUNTY CLERK 12/08/ :46 PM INDEX NO /2013 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 12/08/2014 ATTORNEY AFFIRMATION

FILED: NEW YORK COUNTY CLERK 10/20/ :37 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/20/2014

FILED: NEW YORK COUNTY CLERK 11/26/ :25 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/26/2016

FILED: NEW YORK COUNTY CLERK 04/24/ :49 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/24/2015

FILED: NEW YORK COUNTY CLERK 01/23/2012 INDEX NO /2011 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/23/2012. Plaintiff, Defendants.

Sample STATE OF NEW YORK CREDITOR. ,, SUMMONS Plaintiff, Index No. -vs- Date Filed: DEBTOR d/b/a. ,, Defendant. TO THE ABOVE-NAMED DEFENDANT:

FILED: NEW YORK COUNTY CLERK 08/21/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/21/2013

FILED: BRONX COUNTY CLERK 02/26/ :59 PM INDEX NO /2015E

YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a

FILED: NEW YORK COUNTY CLERK 12/14/ :34 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/14/2016

FILED: NEW YORK COUNTY CLERK 10/18/2012 INDEX NO /2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/18/2012

ALL STATE INTERIOR DEMOLITION INC. WITH CROSS-CLAIMS

)(

FILED: NEW YORK COUNTY CLERK 01/03/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/03/2017

FILED: NEW YORK COUNTY CLERK 11/09/ :16 PM INDEX NO /2016 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/09/2016

FILED: NEW YORK COUNTY CLERK 12/28/2011 INDEX NO /2011 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/28/2011

FILED: SUFFOLK COUNTY CLERK 11/30/ :45 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/30/2015

FILED: NIAGARA COUNTY CLERK 05/15/ :01 PM INDEX NO. E156010/2015 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 05/15/2018 EXHIBIT

FILED: KINGS COUNTY CLERK 08/02/ :23 AM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/02/2016

FILED: KINGS COUNTY CLERK 08/21/ :37 PM INDEX NO /2016

FILED: NEW YORK COUNTY CLERK 11/04/ :33 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/04/2016

FILED: NEW YORK COUNTY CLERK 10/19/ :37 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/19/2018

FILED: NEW YORK COUNTY CLERK 07/09/ :06 PM

FILED: NEW YORK COUNTY CLERK 01/23/ /09/ :34 PM INDEX NO /2013 NYSCEF DOC. NO RECEIVED NYSCEF: 01/23/2014

NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/10/2010. Plaintiffs,

FILED: NEW YORK COUNTY CLERK 03/08/ :32 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/08/2016

FILED: NEW YORK COUNTY CLERK 10/03/ :58 PM INDEX NO /2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/03/2016

FILED: NEW YORK COUNTY CLERK 03/11/ :20 PM INDEX NO /2015 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 03/11/2016

FILED: KINGS COUNTY CLERK 05/03/ :03 PM INDEX NO /2016 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 05/03/2018

FILED: NEW YORK COUNTY CLERK 01/20/2010 INDEX NO /2010

FILED: NEW YORK COUNTY CLERK 11/04/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/04/2016

FILED: QUEENS COUNTY CLERK 10/02/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 10/02/2016

FILED: BRONX COUNTY CLERK 01/08/2014 INDEX NO /2012E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/08/2014

FILED: NEW YORK COUNTY CLERK 01/12/ :05 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2016

Plaintiff. Defendants. UPON READING the annexed Affidavit of Bruce A. Hubbard, duly affirmed and

FILED: NEW YORK COUNTY CLERK 03/11/ :10 PM INDEX NO /2014 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 03/11/2016 EXHIBIT I

FILED: NEW YORK COUNTY CLERK 02/07/ :51 PM

FILED: NASSAU COUNTY CLERK 09/30/ :39 PM INDEX NO /2011 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 09/30/2016. Exhibit 15

FILED: QUEENS COUNTY CLERK 08/14/ :01 PM INDEX NO /2017 NYSCEF DOC. NO. 125 RECEIVED NYSCEF: 08/14/2018

FILED: KINGS COUNTY CLERK 01/02/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 01/02/2018

FILED: NEW YORK COUNTY CLERK 02/18/ :03 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2015

AFFIDAVIT OF DAVID A. SCHEFFEL IN SUPPORT OF MOTION FOR ADMISSIONS OF THOMAS P. SWIGERT AND ERIN E. CONTI PRO HAC VICE

FILED: NEW YORK COUNTY CLERK 12/18/ :16 AM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/18/2014. Plaintiffs, Deadline.

FILED: NEW YORK COUNTY CLERK 06/25/ :22 PM INDEX NO /2014 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 08/01/2015

Exhibit FILED: KINGS COUNTY _ CLERK ;;;;;;;;;; 12/07/2016 -: :44 -. PM INDEX NO /2015

FILED: NEW YORK COUNTY CLERK 04/20/ :18 PM INDEX NO /2015 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 04/20/2016

Plaintiff, Yonkers Contracting Company, Inc. ("Yonkers"), and Zurich American Insurance Company

your failure to answer, Judgment will be taken against you by default for the relief demanded in the Complaint.

FILED: NASSAU COUNTY CLERK 12/14/ :53 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2018

FILED: NEW YORK COUNTY CLERK 08/31/ :53 PM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/31/2017

FILED: NEW YORK COUNTY CLERK 08/02/ /18/ :27 06:12 PM INDEX NO /2016 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/02/2016

FILED: NEW YORK COUNTY CLERK 05/21/2014 INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/21/2014

FILED: KINGS COUNTY CLERK 09/11/ :43 PM INDEX NO /2017 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 09/11/2017

FILED: BRONX COUNTY CLERK 11/09/ :43 PM

- against - NOTICE OF MOTION

FILED: WESTCHESTER COUNTY CLERK 05/07/2012 INDEX NO /2012 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2012

FILED: NEW YORK COUNTY CLERK 08/08/ :26 PM INDEX NO /2015 NYSCEF DOC. NO. 117 RECEIVED NYSCEF: 08/08/2016

FILED: NEW YORK COUNTY CLERK 03/08/ :35 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/08/2017 EXHIBIT A

Baker, Leshko, Saline & Drapeau, LLP, answering the complaint of the plaintiff,

FILED: KINGS COUNTY CLERK 12/12/ :27 PM INDEX NO /2014 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/12/2014

FILED: NEW YORK COUNTY CLERK 09/11/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/11/2013

Transcription:

FILED: NEW YORK COUNTY CLERK 03/11/2015 04:59 PM INDEX NO. 151211/2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 03/11/2015 EXHIBIT A

FILED: NEW YORK COUNTY CLERK 02/05/2015 12:03 PM INDEX NO. 151211/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/05/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D. KOEPPEL, -against- Plaintiff, Index No.: Date Purchased: TROY GERMANO, Defendant. SUMMONS TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on plaintiff s attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates New York County as the place of trial. The basis of venue is the residence of defendant. Dated: White Plains, New York February 5, 2015 HARRINGTON, OCKO & MONK, LLP Attorneys for Plaintiff TO: Troy Germano c/o Germano Studios, Inc. 676 Broadway, 3 rd Floor New York, New York 10012 By: /s/ Benjamin S. Lowenthal 81 Main Street, Suite 215 White Plains, New York 10601 (914) 686-4800

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D. KOEPPEL, -against- Plaintiff, Index No.: Date Purchased: TROY GERMANO, Defendant. COMPLAINT The plaintiff, Caleb D. Koeppel ( Koeppel ), by and through his attorneys, Harrington, Ocko & Monk, LLP, as and for its complaint against the defendant, Troy Germano ( Germano ), alleges as follows: 1. Koeppel is a resident of New York County, State of New York, with a place of business at 733 Park Ave., New York, New York 10021. 2. Upon information and belief, Germano is an individual and resident of the State of New York, having an address at Germano Studios, Inc., 676 Broadway, 3 rd Floor, New York, New York 10012. 3. On or about April 13, 2012, Germano asked for and Koeppel agreed to a loan in the principal amount of $86,000.00. 4. Koeppel loaned Germano $86,000.00 by personal check which identified on said check as a LOAN. 5. Koeppel loaned Germano $86,000.00 based on friendship, financial need, and for the purpose of financing the operations of Germano s business enterprises, including, upon information and belief, Germano Studios, Inc.

6. At various times after the receipt of Koeppel s $86,000.00 loan to Germano, Germano acknowledged his obligation to repay Koeppel. 7. Specifically and without limitation, in emails dated April 9, 2014, Germano reaffirmed the loan and his intention to repay Koeppel. 8. Despite due demand, Germano has not repaid any amount of the loan. AS AND FOR A FIRST CAUSE OF ACTION 9. Koeppel and Germano had an agreement for the loan and its repayment. 10. Germano has breached that agreement. 11. Koeppel has been damaged by Germano s breach in the amount of $86,000.00, along with interest thereon. 12. Germano is liable to Koeppel for breach of contract in the amount of $86,000.00, along with interest thereon. AS AND FOR A SECOND CAUSE OF ACTION 13. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 12 of this complaint with the same force and effect as if fully set forth at length herein. 14. In receiving Koeppel s funds and not repaying Koeppel, Germano was unjustly enriched in the amount of $86,000.00, along with interest thereon. 15. Germano is liable to Koeppel for unjust enrichment in the amount of $86,000.00, along with interest thereon.

AS AND FOR A THIRD CAUSE OF ACTION 16. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 15 of this complaint with the same force and effect as if fully set forth at length herein. 17. In failing to return Koeppel s money on demand, Germano has improperly deprived Koeppel of dominion and control over his property, and has converted that property to his own use. 18. Germano is liable to Koeppel for conversion in the amount of $86,000.00, along with interest thereon. AS AND FOR A FOURTH CAUSE OF ACTION 19. Koeppel repeats and realleges each and every allegation set forth in paragraphs 1 through 18 of this complaint with the same force and effect as if fully set forth at length herein. 20. In receiving Koeppel s money and failing to return it on demand, Germano has improperly had and received Koeppel s funds. 21. Germano is liable to Koeppel for money had and received in the amount of $86,000.00, along with interest thereon. WHEREFORE, Koeppel demands judgment against Germano on the first, second, third, and fourth causes of action in the amount of $86,000.00, along with interest thereon from April 13, 2012, and the attorneys fees, costs, and disbursements of this action, and such other and further relief as the Court deems fair and just under the circumstances.

Dated: February 5, 2015 White Plains, New York Yours, etc. HARRINGTON, OCKO & MONK, LLP By: /s/ Benjamin S. Lowenthal Attorneys for Plaintiff 81 Main Street, Suite 215 White Plains, New York 10601 (914) 686-4800

ATTORNEY S CERTIFICATION BENJAMIN S. LOWENTHAL, an attorney admitted to practice before the courts of the State of New York and an associate at Harrington, Ocko & Monk, LLP, attorneys for the plaintiff referenced herein, certifies that, to the best of his knowledge, information and belief, formed after an inquiry reasonable under the circumstances, neither the presentation of the within summons and complaint, nor the contentions contained therein, is frivolous, as that term is defined in Section 130-1.1(a) of the Uniform Rules. Dated: White Plains, New York February 5, 2015 /s/ BENJAMIN S. LOWENTHAL

EXHIBIT B

FILED: NEW YORK COUNTY CLERK 02/26/2015 10:33 AM INDEX NO. 151211/2015 NYSCEF., DOC. NO. 3 RECEIVED NYSCEF: 02/26/2015 p SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CALEB D, KOEPPEL, Plaintiff, --Index No.: 151211/2015 - against- ANSWER TROY GERMANO, Defendant. Defendant Troy Germano ("Gennano"), answering the Complaint of Plaintiff Caleb D. Koeppel ("Koeppel), alleges as follows: 1. States that he is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 1 of the Complaint. 2. Denies each and every allegation contained in paragraph 2 of the Complaint, except admits that (a) he is an individual and resident of the State of New York, and (b) Gennano Studios, Inc. ("Germano Studios") is located at 676 Broadway, 3rd Floor, New York, New York 10012. 3. Admits the allegations contained in paragraph 3 of the Complaint. 4. Admits the allegations contained in paragraph 4 of the Complaint. 5. States that he is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 5 of the Complaint. 6. Admits the allegations contained in paragraph 6 of the Complaint. 7. Admits the allegations contained in paragraph 7 of the complaint.

2 8. Denies each and every allegation contained in paragraph 8 of the Complaint, except admits that he had not yet repaid Koeppel's loan because that loan had no firm repayment date and is not yet due and owing. "AS AND FOR A FIRST CAUSE OF ACTION" 9. Admits the allegations contained in paragraph 9 of the Complaint. 10. Denies each and every allegation contained in paragraph 10 of the Complaint. 11. Denies each and every allegation contained in paragraph 11 of the Complaint. 12. Denies each and every allegation contained in paragraph 12 of the Complaint. "AS AND FOR A SECOND CAUSE OF ACTION" 13. Repeats and alleges each and every one of his responses to paragraphs 1 through 12 of the Complaint as if set forth fully herein. 14. Denies each and every allegation contained in paragraph 14 of the Complaint. 15. Denies each and every allegation contained in paragraph 15 of the Complaint. "AS ANP FOR A THIRP CAUSE OF ACTION" 16. Repeats and alleges each and every one of his responses to paragraphs 1 through 15 of the Complaint as if set forth fully herein. 17. Denies each and every allegation contained in paragraph 17 of the Complaint. 18. Denies each and every allegation contained in paragraph 18 of the Complaint. "AS AND FOR A FOURTH CAUSE OF ACTION" 19. Repeats and alleges each and every one of his responses to paragraphs 1 through 18 of the Complaint as if set forth fully herein. 20. Denies each and every allegation contained in paragraph 20 of the Complaint. 21. Denies each and every allegation contained in paragraph 21 of the Complaint. FIRST AFFIRMATIVE DEFENSE

3. '.~ '"". The Complaint fails to state a claim on which relief can be granted, since it fails to acknowledge Koeppel's agreement that Germano need not repay Koeppel's loan unless and un'til Germano obtains sufficient financial resources to do so. SECONP AFFIRMATIVE PEFENSE The Complaint is barred by the failure of a condition precedent, namely that Koeppel's loan to Germano is not yet due and owing. WHEREFORE, Germano requests t its entirety and grant such other and further relief t the Court dismiss the Complaint in the Court deems just and proper..j 'rf'~ Dated: New York, New York February 23,2015 Troy c/o G mano Studios, Inc. 676 Broadway, 3rd Floor New York, NY 10012 (212) 260-6001 Appearing pro se To: Benjamin S. Lowenthal, Esq. HARRINGTON, OCKO & MONK, LLP 81 Main Street, Suite 215 White Plains, NY 10601 (914) 686-4800

.. (Affidavit of Service By Mail) STATE OF NEW YORK COUNTY OF NEW YORK ) ) ss.: ) AFFIPAVIT OF SERVICE ERIKA GERMANO, being duly sworn, state that: 1. I am over eighteen years of age, am flat a party to this action, and reside in4,new York. 2. On the Z'i day of February, 2015, I sent by first-class U.S. mail a true and correct copy of the Answer in this action, addressed as follows: Benjamin S. Lowenthal, Esq. HARRINGTON, OCKO & MONK, LLP 81 Main Street, Suite 215 White Plains, NY 10601 Such address has appeared on prior pleadings in this matter as the address of Plaintiff's counsel. ~ala&-m Erika Germano Sworn to before me this "Z;;day of February, 2015. r--"f~r~ic~a-:an:::n:f':':na~g~y---" NotaryPublic. Stale01NewIllrll NO.01HA6311198 QualllledIn New"Ill" Coul11y My CommiSsionfllPlrllSep e, 2018