FILED: KINGS COUNTY CLERK 09/22/2016 12:49 PM INDEX NO. 504403/2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/22/2016 Exhibit D {N0194821.1 }
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x THE BOARD OF MANAGERS OF 500 4th AVENUE CONDOMINIUM, on behalf of individual unit owners, Plaintiff, Index No: 504403 2016 - against - ANSWER PARK SLOPE GROUP, LLC, KGH GROUP, LLC, ADDlE REALTY PROPERTIES, INC., ITZHAK KATAN, RONALD FATATO, MICHAEL MATRISCIANI, ALEX MATRISCIANI, JR., MONTY MATRISCIANI DANIEL MATRISCIANI, AND HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, Defendants. x Defendant, HUDSON MERIDIAN CONSTRUCTION GROUP, LLC, ( Hudson ), by its attorneys, LONDON FISCHER LLP, as and for its Answer to the Complaint, alleges upon information and belief, as follows: NATURE OF THE ACTION FIRST: Denies each and every allegation contained in paragraph 1 of the Complaint as to the answering defendant and denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 as to all other defendants. SECOND: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the Complaint. of the Complaint. THIRD: Denies each and every allegation contained in paragraphs 3 and 5
FOURTH: Denies each and every allegation contained in paragraph 4 of the Complaint and refers all questions of law to the Court. JURISDICTION AND VENUE FIFTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 6 and 7 of the Complaint. PARTIES SIXTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, ~ 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 and 37 of the Complaint. SEVENTH: Admits each and every allegation contained in paragraph 38 of the Complaint. FACTS RELATING TO ALL CLAIMS EIGHTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 39 of the Complaint. NINTH: Admits the allegations in paragraph 40 to the extent that there is a contract and respectfully refers the court to the contents therein for interpretation. TENTH: Denies each and every allegation contained in paragraph 41 of the Complaint. THE OFFERING PLAN ELEVENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52 and 53 of the Complaint.
ACTUAL BUILDING CONDITIONS TWELFTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 54 and 55 of the Complaint. THE SPONSOR HAS ACKNOWLEDGED THE EXISTENCE OF THE CONSTRUCTION DEFECTS THIRTEENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 56, 57, 58 and 59 of the Complaint except admits that a notice of claim was filed and respectfully refers the court to determine the contents therein. FOURTEENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 60 and 61 of the Complaint. THE SPONSOR FAILED TO AMEND THE OFFERING PLAN TO ADVISE PROSPECTIVE PURCHASERS OF THE CONSTRUCTION DEFECTS FIFTEENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 62, 63 and 64 of the Complaint. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION (Breach of Contract) SIXTEENTH: With respect to the allegations contained in paragraph 65 of the Complaint, defendant repeats and realleges each and every above denial and other response to the allegations contained in paragraphs 1 through 64 of the Complaint as if fully set forth at length herein. SEVENTEENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 66, 67, 68, 69 and 70 of the Complaint.
EIGHTEENTH: Denies each and every allegation contained in paragraphs 71, 72, 73, 74, 75 and 76 of the Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION (Breach of Contract) NINETEENTH: With respect to the allegations contained in paragraph 77 of the Complaint, defendant repeats and realleges each and every above denial and other response to the allegations contained in paragraphs 1 through 76 of the Complaint as if fully set forth at length herein. TWENTIETH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 78, 79, 80 and 81 of the Complaint. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION (Deceptive Trade Practices Under GBL 349) TWENTY-FIRST: With respect to the allegations contained in paragraph 82 of the Complaint, defendant repeats and realleges each and every above denial and other response to the allegations contained in paragraphs 1 through 81 of the Complaint as if fully set forth at length herein. TWENTY-SECOND: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 83, 84, 85, 86, 87, 88, 89, 90, 91 and 92 of the Complaint. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION (Deceptive Advertising Practices Under GBL 350) TWENTY-THIRD: With respect to the allegations contained in paragraph 93 of the Complaint, defendant repeats and realleges each and every above denial and other response
to the allegations contained in paragraphs 1 through 92 of the Complaint as if fully set forth at length herein. TWENTY-FOURTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 94, 95, 96 and 97 of the Complaint. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION TWENTY-FIFTH: With respect to the allegations contained in paragraph 98 of the Complaint, defendant repeats and realleges each and every above denial and other response to the allegations contained in paragraphs 1 through 97 of the Complaint as if fully set forth at length herein. TWENTY-SIXTH: Denies each and every allegation contained in paragraphs 99, 100, 101 and 102 of the Complaint. AFFIRMATIVE DEFENSES AS AND FOR A FIRST AFFIRMATIVE DEFENSE TWENTY-SEVENTH: The loss or losses claimed in plaintiffs Complaint, if any, was due to the fault and/or lack of care of the plaintiff, and the plaintiffs recovery must be reduced by the percentage of its culpable conduct as set forth in Articles 14 and 14-A of the CPLR. AS AND FOR A SECOND AFFIRMATIVE DEFENSE TWENTY-EIGHTH: Plaintiff assumed the risk for damage and or loss of the property alleged in the Complaint. AS AND FOR A THIRD AFFIRMATIVE DEFENSE TWENTY-NINTH: In the event plaintiff recovers a verdict or judgment against Hudson Meridian, then said verdict or judgment must be reduced pursuant to CPLR section 4545
(a) by those amounts which have been, or will, with reasonable certainty, replace or indemnify plaintiff in whole or in part, for any past or future claimed economic loss from any collateral source. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIRTIETH: The negligent acts set forth in plaintiff s Complaint were committed by third parties over which Hudson Meridian had no control or right of control. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIRTY-FIRST: Plaintiff failed to mitigate and/or reduce its damages and loss(es) as alleged in the Complaint. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIRTY-SECOND: Plaintiff s damages, if any, were caused by a superseding and or intervening acts by plaintiff or other parties, or other entities over whom Hudson Meridian had no administration, supervision or control, nor the right of control and for whose actions Hudson Meridian is not and cannot be liable. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIRTY-THIRD: That plaintiff failed to state a cause of action for which relief can be granted. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE THIRTY-FOURTH: That upon information and belief, the cause or causes of action set forth in plaintiff s Complaint did not accrue, nor did any part thereof accrue, within the appropriate statutory period and this action is, therefore, barred by the Statute of Limitations.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE THIRTY-FIFTH: That plaintiff failed to join all necessary parties in this action. AS AND FOR A TENTH AFFIRMATIVE DEFENSE THIRTY-SIXTH: That no jurisdiction was ever obtained over Hudson Meridian or over the person of Hudson Meridian defendant in the State of New York, and, therefore, any action taken against the defendant is void and has no effect. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE THIRTY-SEVENTH: That plaintiff failed to comply with the requirements of CPLR sections 305, 306, 306-a, and or 306-b. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE THIRTY-EIGHTH: The alleged acts or omission of Hudson Meridian were not the proximate cause of any damages incurred by plaintiff. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE THIRTY-NINTH: Plaintiff may not maintain each of the causes of action under the equitable principles of release, lack of consideration, laches, privity, waiver, unclean hands and or estoppel. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE FORTIETH: That if any sums or consideration was paid or promised to plaintiff by any person(s) or corporation(s) claimed to be liable for the injuries or damages alleged in the Complaint, those sums shall reduce any judgment rendered in favor or plaintiff as against Hudson Meridian to the extent of the greater for either the sums or consideration paid or promised to
plaintiff or the amount of the released torfeasor s equitable share of the damages in accordance with General Obligation Law 15-108. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE FORTY-FIRST: The claims against Hudson Meridian are barred by virtue of a waiver of subrogation. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE FORTY-SECOND: The claims against Hudson Meridian must be dismissed because there is no privity of contract. AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE FORTY-THIRD: The claims against Hudson Meridian must be dismissed because plaintiff lacks standing to sue Hudson Meridian. AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE FORTY-FOURTH: The claims against Hudson Meridian must be dismissed by operation of the Statute of Frauds. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE FORTY-FIFTH: The claims against Hudson Meridian must be dismissed due to the doctrine of impossibility of performance. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE FORTY-SIXTH: One or more of the causes of action contained in the Complaint is invalid as plaintiff and/or the Sponsor defendants failed to comply with conditions precedent and/or terms required of them in the Sponsor s contract with Hudson Meridian.
AS AND FOR A TWENTY-FIRFST AFFIRMATIVE DEFENSE FORTY-SEVENTH: Hudson Meridian will rely upon any and all other further defenses which become available or are revealed during discovery in this action, or upon discovery of specific facts upon which plaintiff bases its claims for relief, and hereby specifically reserves the right to amend its Answer for the purpose of asserting any such additional defense. AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANT PARK SLOPE GROUP. LLC. ALLEGES (Breach of Contract) Upon information and belief, Park Slope Group LLC entered into one or more contracts with Hudson Meridian Construction Group, LLC to perform construction management services. Park Slope Group LLC breached its obligations under the contract with Hudson Meridian Construction Group, LLC in that, among other things, it failed to pay Hudson Meridian Construction Group, LLC for the entirety of its services rendered and for all change orders as agreed to pursuant to the terms of their contract. By reason of such breach of contract by Park Slope Group, LLC, Hudson Meridian Construction Group, LLC has been injured in a sum to be determined at trial but in no event less than $110,000.00, together with interest thereon, for which sum Park Slope Group LLC is liable to Hudson Meridian Construction Group, LLC.
AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS PARK SLOPE GROUP, LLC, KGH GROUP, ITZHAK KATAN, RONALD FATATO, MICHAEL MATRISCIANI, ALEX MATRISCIANI, JR., MONTY MATRISCIANI DANIEL MATRISCIANI, DEFENDANT HUDSON MERIDIAN CONSTRUCTION GROUP. LLC ALLEGES (Contribution and Indemnification) Upon information and belief, that if and in the event the Plaintiff sustained any damages as alleged in the Complaint, all of which is denied by Hudson Meridian Construction Group, LLC, said damages were caused by the negligence, culpable conduct and/or wrongful acts of co-defendants, agents, servants and or employees, and not through any negligence, culpable or wrongful conduct on the part of Hudson Meridian Construction Group, LLC, its agents, servants, and or employees. By reason of the foregoing, this answering defendant is entitled to full indemnity and/or contribution from, and to judgment over and against co-defendants, for the full indemnification, and or for contribution in the amount of the excess paid by this answering Defendant over and above its equitable share of the judgment, verdict and/or recovery, as determined in accordance with the relative culpability of each party liable for contribution. WHEREFORE, defendant, Hudson Meridian Construction Group, LLC respectfully requests that judgment be entered in its favor dismissing plaintiff s Complaint, and further demands judgment on the cross claims, and that it be awarded its costs, and such other and further relief as the Court may deem just and proper.
Dated: New York, New York May 23, 2016 L0N N FISCHER LLP By: Th~ Sushmita Roy Attorneys for Defendant HUDSON MERIDIAN CONSTRUCTION GROUP, LLC 59 Maiden Lane New York, New York 10038 (212) 972-1000 TO: Robert J. Braverman BRAVERMAN GREENSPUN, P.C. Attorneys for Plaintiff 110 East 42nd Street, 1 7th Floor New York, New York 10017 (212) 682-2900 Abraham David, Esq. BERG & DAVID, PLLC Attorneys for Defendant PARK SLOPE GROUP, LLC 266 Broadway, #503 Brooklyn, New York 11211 KGH GROUP, LLC ADDlE REALTY PROPERTIES, LLC ITZHAK KATAN
RONALD FATATO MICHAEL MATRISCIANI ALEX MATRISCIANI, JR. MONTY MATRISCIANI DANIEL MATRISCIANI
AFFIDAVIT OF SERVICE VIA ELECTRONIC FILING AND REGULAR MAIL STATE OF NEW YORK COUNTY OF NEW YORK ) ) 55.: INGRID QUAMINA, being duly sworn, deposes and says that deponent is not a party to the action, is over 18 years of age and resides in Kings County, New York. That on May 23, 2016, deponent served the within ANSWER upon: Electronic Filing and Reaular Mail Robert J. Braverman BRAVERMAN GREENSPUN, P.C. Attorneys for Plaintiff 110 East 42nd Street, 1 7th Floor New York, New York 10017 (212) 682-2900 KGH GROUP, LLC ITZHAK KATAN MICHAEL MATRISCIANI MONTY MATRISCIANI Electronic Filing and Regular Mail Abraham David, Esq. BERG & DAVID, PLLC Attorneys for Defendant PARK SLOPE GROUP, LLC 266 Broadway, #503 Brooklyn, New York 11211 ADDlE REALTY PROPERTIES, LLC RONALD FATATO ALEX MATRISCIANI, JR. DANIEL MATRISCIANI the attorneys for the respective parties in this action at the above address designated by said attorneys for that purpose by depositing same enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York and electronic filing. Sworn to before me this 23~ day of May, 2016 AsS dl LLG-tAu.~- a. ING I QUAMINA Notary Public MICHAEL than NOTARY PUBLiC, State of New York No. 01CH6098376 Qualified in Queens County Commission Expwee 918120