SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X PRIME HOMES LLC, Plaintiff Index No.: 151308l2016 -against- Verified Answer BRIAN O'REILLY, L.H.U DEVELOPMENT LLC, NEW MY MANAGEMENT LLC AND S&S FUNDING, LLC, Defendants. ------------------------X Defendants L.H.U. Development LLC, New My Management LLC and S&S Funding, LLC, "Defendants" (collectively, "Defendants"), by their attorneys, Oved & Oved LLP, hereby answer Plaintiff's "Complaint" Amended Complaint (the "Complaint"), dated November 29, 2016, upon information and belief, as follows. 1. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 of the Complaint. 2. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the Complaint. 3. Admit the allegations contained in paragraph 3 of the Complaint. 4. Admit the allegations contained in paragraph 4 of the Complaint. 5. Admit the allegations contained in paragraph 5 of the Complaint. 6. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 6 of the Complaint. 7. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of the Complaint. 1 of 8
8. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of the Complaint. 9. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of the Complaint. 10. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 10 of the Complaint. 11. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 11 of the Complaint. 12. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 12 of the Complaint. 13. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 13 of the Complaint. 14. Deny the allegations contained in paragraph 14 of the Complaint. 15. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 15 of the Complaint. 16. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 16 of the Complaint. 17. Deny the allegations contained in paragraph 17 of the Complaint. 18. Deny the allegations contained in paragraph 18 of the Complaint. 19. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 19 of the Complaint. 20. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 20 of the Complaint. Page 2 2 of 8
21. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 21 of the Complaint. 22. Deny the allegations contained in paragraph 22 of the Complaint. 23. The allegations contained in paragraph 23 of the Complaint constitute conclusions of deny the allegations contained in paragraph 23 of the Complaint. 24. Deny the allegations contained in paragraph 24 of the Complaint. 25. Deny the allegations contained in paragraph 25 of the Complaint. 26. Deny the allegations contained in paragraph 26 of the Complaint. 27. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 27 of the Complaint. 28. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 28 of the Complaint. 29. Admit the allegations contained in paragraph 29 of the Complaint. 30. Admit the allegations contained in paragraph 30 of the Complaint. 31. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 31 of the Complaint. 32. The allegations contained in paragraph 32 of the Complaint constitute conclusions of deny the allegations contained in paragraph 32 of the Complaint. 33. The allegations contained in paragraph 33 of the Complaint constitute conclusions of deny the allegations contained in paragraph 33 of the Complaint. Page 3 3 of 8
34. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 34 of the Complaint. 35. The allegations contained in paragraph 35 of the Complaint constitute conclusions of deny the allegations contained in paragraph 35 of the Complaint. 36. The allegations contained in paragraph 36 of the Complaint constitute conclusions of deny the allegations contained in paragraph 36 of the Complaint. 37. Defendants repeat and reallege each and every admission and denial in response to those paragraphs of the Complaint referred to in paragraph 37 thereof as though fully set forth herein. 38. The allegations contained in paragraph 38 of the Complaint constitute conclusions of deny the allegations contained in paragraph 38 of the Complaint. 39. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 39 of the Complaint. 40. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 40 of the Complaint. 41. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 41 of the Complaint. 42. Deny the allegations contained in paragraph 42 of the Complaint. 43. The allegations contained in paragraph 43 of the Complaint constitute conclusions of Page 4 4 of 8
deny knowledge and information sufficient to form a belief as to the allegations contained in paragraph 43 of the Complaint. 44. Admit the allegations contained in paragraph 44 of the Complaint. 45. Admit the allegations contained in paragraph 45 of the Complaint. 46. Admit the allegations contained in paragraph 46 of the Complaint. 47. Deny knowledge and information sufficient to form a belief as to the allegations contained in paragraph 47 of the Complaint. 48. Deny the allegations contained in paragraph 48 of the Complaint. 49. Deny the allegations contained in paragraph 49 of the Complaint. 50. Defendants repeat and reallege each and every admission and denial in response to those paragraphs of the Complaint referred to in paragraph 50 thereof as though fully set forth herein. 51. Deny knowledge and information sufficient to form a belief as to the allegations contained in paragraph 51 of the Complaint. 52. Deny the allegations contained in paragraph 52 of the Complaint. 53. Deny the allegations contained in paragraph 53 of the Complaint. 54. Deny the allegations contained in paragraph 54 of the Complaint. 55. Deny the allegations contained in paragraph 55 of the Complaint 56. Defendants repeat and reallege each and every admission and denial in response to those paragraphs of the Complaint referred to in paragraph 56 thereof as though fully set forth herein. 57. Deny knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 57 of the Complaint. 58. Deny the allegations contained in paragraph 58 of the Complaint. Page 5 5 of 8
59. Deny the allegations contained in paragraph 59 of the Complaint. 60. Deny the allegations contained in paragraph 60 of the Complaint. 61. Deny the allegations contained in paragraph 61 of the Complaint. 62. Deny the allegations contained in paragraph 62 of the Complaint. 63. Deny each and every allegation set forth in the WHEREFORE paragraph, and specifically deny that Plaintiff is entitled to the relief stated therein or any other relief against Defendants. 64. Deny each and every other allegation contained in the Complaint not expressly admitted in this Answer. DEFENDANTS' AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE Plaintiff's claims, in whole or in part, fail to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by the doctrine of unclean hands. THIRD AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by documentary evidence. FOURTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel and waiver. FIFTH AFFIRMATIVE DEFENSE Plaintiff's alleged injuries and/or damages, its entitlement to which is being expressly denied, were caused by Plaintiff's own actions, omissions or conduct. SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by its own breaches of contract or negligence. Page 6 6 of 8
RESERVATION OF RIGHTS Defendants give notice that they intend to rely on any additional affirmative defenses that become available or apparent during discovery and thus reserve the right to amend this Answer to assert such additional defenses. JURY DEMAND Defendants demand a trial by jury. PRAYER FOR RELIEF WHEREFORE, Defendants seek judgment against Plaintiff as follows: (i) Dismissal of the Complaint in its entirety with prejudice; (ii) Costs and disbursements incurred in this suit; (iii) Reasonable attorneys' fees to the full extent permitted by applicable law; and (iv) Such other and further relief as the Court may dgem just and proper. Dated: New York, New York March 19, 2018 Darren Oved, Esq. Aaron J. Solomon, Esq. OVED & OVED LLP Attorneys for Defendants L.H U. Development LLC, New My Management LLC and S&S Funding, LLC 401 Greenwich Street New York, NY 10013 Tel: 212.226.2376 Page 7 7 of 8
ATTORNEY VERIFICATION Aaron Solomon, an attorney with Oved & Oved LLP, who is admitted to practice law within the courts of this state, affirms to the following under penalty of perjury: I have read the foregoing Verified Answer and know the contents thereof; The factual allegations thereof were prepared from information provided by agents of Defendants and is true to the best of my knowledge, except as to matters therein stated to be upon information and belief, and as to those matters I believe them to be true; This verification is made pursuant to Section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR) and is made by the undersigned in conformity with CPLR 3020(d)(3); and The reason this verification is because Defendants are not in the county where the undersigned counsel has their office. Dated: New York, New York March 19, 2018 ~aron Solomon 8 of 8