Preview
INDEX NO. 650626/2014
FILED: NEW YORK COUNTY CLERK 05/07/2014)
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/07/2014
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ween eee teen en eee nena eee nenenennenennenK
KENNETH SITOMER,
Plaintiff,
Index No.: 650626/2014
Vv.
VERIFIED ANSWER
RONALD FELDSTEIN, ROBYN MARA. WITH COUNTERCLAIM
FELDSTEIN, CLIFFORD E. FELDSTEIN, WENDY
FELDSTEIN, MARA CAPITAL MANAGEMENT,
LLC, and JNG CONSULTING LLC,
Defendants.
A aI een enn] X
Defendant ROBYN MARA FELDSTEIN, by her undersigned attorney, sets forth the
following as her Verified Answer to the Verified Complaint:
1 Answering Defendant denies having sufficient knowledge or information to form a belief
as to the truth of the allegations contained within paragraphs "5," "10," "11," "12," "14," "15,"
"16," "17," "21," "22," "23," "24," "26," "28," "29," "30," "34," "35," "36," "37." "3g" HZ9 0
"40,""43," "44," "51," "52," "60," "61," "62," "63," "65," "66," "67," "72," "79," "85," and "86,"
of the Verified Complaint.
2: Answering Defendant denies each of the allegations set forth within paragraphs "2," "3,"
"4." "18," "31," "32," "33," "41," and "45," of the Verified Complaint, to the extent that those
paragraphs allege any wrongdoing or actionable misconduct by Defendant ROBYN MARA
FELDSTEIN. With respect the remaining allegations contained within said paragraphs,
answering Defendant denies having sufficient knowledge or information to form a belief as to
the truth of the matters asserted therein.
Page 1 of
3 Answering Defendant denies each of the allegations set forth within paragraphs "19,"
"20," "27," "46," "49," "53," "54," "56," "58" "69," "70," "71." "73," "80." "81." "BZ." "BZ.
"88," and "89," of the Verified Complaint.
4 Answering Defendant repeats each admissions and denials to the allegations contained
within the paragraphs designated as "42," "48," "59," "64," "68," "74,"""77," and "83," of the
Verified Complaint.
5 Answering Defendant denies each of the allegations contained within paragraphs "47,"
"50," "55," "57," "75," "76," "78," and "84," of the Verified Complaint, and respectfully reserves
and refers all questions of law for the Court.
6 Answering Defendant admits the allegations contained within paragraphs "6," "7," "8,"
and "9," of the Verified Complaint.
7
Answering Defendant admits the allegation that the individual defendants are family
members as alleged in paragraph "13," of the Verified Complaint. However, she denies all of the
remaining allegations.
8 Answering Defendant admits that she maintained a residential address at 425 E. 58th
Street, New York, NY 10022, as alleged in paragraphs "25," of the Verified Complaint but
otherwise denies having sufficient knowledge of the truth of the remaining allegations therein.
9 No admission or denial is necessary for the paragraph designated as "1," of the Verified
Complaint as such paragraph merely constitutes Plaintiff's descriptions of his law suit against
Defendants. To the extent that any allegation within this paragraph constitutes allegations of
wrongful conduct by Defendant ROBYN MARA FELDSTEIN, those allegations are denied.
Page 2 of 5
First Affirmative Defense
(Failure to State A Claim)
10. Some or all of Plaintiff's allegations have failed to set forth a cause of action upon which
relief may be granted.
Second Affirmative Defense
(Statute of Limitations)
11. Some or all of Plaintiff's causes of action are barred by the applicable statute of
limitations.
Third Affirmative Defense
(Culpable Conduct)
12. If Plaintiff sustained any of the alleged damages complained of herein, such damages
were due, in whole or in part, to Plaintiff's own culpable conduct.
Fourth Affirmative Defense
(Assumption of The Risk)
13. Upon information and belief, some or all of Plaintiff's were the result of investments that
simply lost money without any malfeasance or nonfeasance. Accordingly, Plaintiff knowingly
and voluntarily assumed the risk that his investments would lose money.
Fifth Affirmative Defense
(Equitable Estoppel)
14, Upon information and belief, Plaintiff was a cosignatory to the bank accounts complained
of herein and accordingly, he knew or should have that the subject bank accounts had no funds in
them when he attempted to receive payment on the checks at issue.
Page 3 of
Sixth Affirmative Defense
(Laches/Acquiescence)
15. Plaintiff's causes of action against the Answering Defendant is barred by the equitable
doctrines of laches and/or acquiescence.
Seventh Affirmative Defense
(Unclean Hands)
16. Plaintiff's causes of action are barred by the Doctrine of Unclean Hands.
Cross-claim Against Defendant Ronald Feldstein
17. If Plaintiff sustained any of the alleged damages claimed herein, some or all of those
damages were due to the wrongful and reckless conduct of co-defendant Ronald Feldstein.
Accordingly, the Answering Defendant is entitled to common law contribution and/or
indemnification over and against co-defendant Ronald Feldstein.
WHEREFORE, Defendant ROBYN MARA FELDSTEIN, respectfully requests that
this Court grant judgment over and against Plaintiff, dismissing the complaint, with prejudice,
together with all other and further relief deemed just and proper.
Dated: New York, New York
May 6, 2014
John A. Dalley /
521 Fifth Avenue,
New York, New York 75
Phone: (212) 931-5500
Email: jdalleyesq@gmail.com
Attorney for Defendant Robyn Mara Feldstein
Page 4 of
To Clerk of the Court
Law Offices of Joseph J. Sullivan, PLLC
The Trump Building
40 Wall Street, 28th Floor
New York, New York 10005
Phone: (646) 233-1178
Attorneys for Plaintiff
Page 5 of
VERIFICATION
ROBYN MARA FELDSTEIN, being duly sworn, deposes and says the following under
the penalty of perjury:
that I am a named defendant in this action herein; that I have read the foregoing Verified
Answer and know the contents thereof and that the same are true to my knowledge except
as to those matters stated on information and belief and, as to those matters, I believe
them to be true.
Lola un ‘Fulola
ROBYN MARA FELDSTEIN
Dated: New York, New York
May 6, 2014
Swom to before me this ’/__ day of May, 2014
>
Coe fary Public
SHADY H. AHMED
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN NEW YORK COUNTY
REG. #01. ys
MY COMM. EXP.
Preview
INDEX NO. 650626/2014 FILED: NEW YORK COUNTY CLERK 05/07/2014) NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/07/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ween eee teen en eee nena eee nenenennenennenK KENNETH SITOMER, Plaintiff, Index No.: 650626/2014 Vv. VERIFIED ANSWER RONALD FELDSTEIN, ROBYN MARA. WITH COUNTERCLAIM FELDSTEIN, CLIFFORD E. FELDSTEIN, WENDY FELDSTEIN, MARA CAPITAL MANAGEMENT, LLC, and JNG CONSULTING LLC, Defendants. A aI een enn] X Defendant ROBYN MARA FELDSTEIN, by her undersigned attorney, sets forth the following as her Verified Answer to the Verified Complaint: 1 Answering Defendant denies having sufficient knowledge or information to form a belief as to the truth of the allegations contained within paragraphs "5," "10," "11," "12," "14," "15," "16," "17," "21," "22," "23," "24," "26," "28," "29," "30," "34," "35," "36," "37." "3g" HZ9 0 "40,""43," "44," "51," "52," "60," "61," "62," "63," "65," "66," "67," "72," "79," "85," and "86," of the Verified Complaint. 2: Answering Defendant denies each of the allegations set forth within paragraphs "2," "3," "4." "18," "31," "32," "33," "41," and "45," of the Verified Complaint, to the extent that those paragraphs allege any wrongdoing or actionable misconduct by Defendant ROBYN MARA FELDSTEIN. With respect the remaining allegations contained within said paragraphs, answering Defendant denies having sufficient knowledge or information to form a belief as to the truth of the matters asserted therein. Page 1 of 3 Answering Defendant denies each of the allegations set forth within paragraphs "19," "20," "27," "46," "49," "53," "54," "56," "58" "69," "70," "71." "73," "80." "81." "BZ." "BZ. "88," and "89," of the Verified Complaint. 4 Answering Defendant repeats each admissions and denials to the allegations contained within the paragraphs designated as "42," "48," "59," "64," "68," "74,"""77," and "83," of the Verified Complaint. 5 Answering Defendant denies each of the allegations contained within paragraphs "47," "50," "55," "57," "75," "76," "78," and "84," of the Verified Complaint, and respectfully reserves and refers all questions of law for the Court. 6 Answering Defendant admits the allegations contained within paragraphs "6," "7," "8," and "9," of the Verified Complaint. 7 Answering Defendant admits the allegation that the individual defendants are family members as alleged in paragraph "13," of the Verified Complaint. However, she denies all of the remaining allegations. 8 Answering Defendant admits that she maintained a residential address at 425 E. 58th Street, New York, NY 10022, as alleged in paragraphs "25," of the Verified Complaint but otherwise denies having sufficient knowledge of the truth of the remaining allegations therein. 9 No admission or denial is necessary for the paragraph designated as "1," of the Verified Complaint as such paragraph merely constitutes Plaintiff's descriptions of his law suit against Defendants. To the extent that any allegation within this paragraph constitutes allegations of wrongful conduct by Defendant ROBYN MARA FELDSTEIN, those allegations are denied. Page 2 of 5 First Affirmative Defense (Failure to State A Claim) 10. Some or all of Plaintiff's allegations have failed to set forth a cause of action upon which relief may be granted. Second Affirmative Defense (Statute of Limitations) 11. Some or all of Plaintiff's causes of action are barred by the applicable statute of limitations. Third Affirmative Defense (Culpable Conduct) 12. If Plaintiff sustained any of the alleged damages complained of herein, such damages were due, in whole or in part, to Plaintiff's own culpable conduct. Fourth Affirmative Defense (Assumption of The Risk) 13. Upon information and belief, some or all of Plaintiff's were the result of investments that simply lost money without any malfeasance or nonfeasance. Accordingly, Plaintiff knowingly and voluntarily assumed the risk that his investments would lose money. Fifth Affirmative Defense (Equitable Estoppel) 14, Upon information and belief, Plaintiff was a cosignatory to the bank accounts complained of herein and accordingly, he knew or should have that the subject bank accounts had no funds in them when he attempted to receive payment on the checks at issue. Page 3 of Sixth Affirmative Defense (Laches/Acquiescence) 15. Plaintiff's causes of action against the Answering Defendant is barred by the equitable doctrines of laches and/or acquiescence. Seventh Affirmative Defense (Unclean Hands) 16. Plaintiff's causes of action are barred by the Doctrine of Unclean Hands. Cross-claim Against Defendant Ronald Feldstein 17. If Plaintiff sustained any of the alleged damages claimed herein, some or all of those damages were due to the wrongful and reckless conduct of co-defendant Ronald Feldstein. Accordingly, the Answering Defendant is entitled to common law contribution and/or indemnification over and against co-defendant Ronald Feldstein. WHEREFORE, Defendant ROBYN MARA FELDSTEIN, respectfully requests that this Court grant judgment over and against Plaintiff, dismissing the complaint, with prejudice, together with all other and further relief deemed just and proper. Dated: New York, New York May 6, 2014 John A. Dalley / 521 Fifth Avenue, New York, New York 75 Phone: (212) 931-5500 Email: jdalleyesq@gmail.com Attorney for Defendant Robyn Mara Feldstein Page 4 of To Clerk of the Court Law Offices of Joseph J. Sullivan, PLLC The Trump Building 40 Wall Street, 28th Floor New York, New York 10005 Phone: (646) 233-1178 Attorneys for Plaintiff Page 5 of VERIFICATION ROBYN MARA FELDSTEIN, being duly sworn, deposes and says the following under the penalty of perjury: that I am a named defendant in this action herein; that I have read the foregoing Verified Answer and know the contents thereof and that the same are true to my knowledge except as to those matters stated on information and belief and, as to those matters, I believe them to be true. Lola un ‘Fulola ROBYN MARA FELDSTEIN Dated: New York, New York May 6, 2014 Swom to before me this ’/__ day of May, 2014 > Coe fary Public SHADY H. AHMED NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN NEW YORK COUNTY REG. #01. ys MY COMM. EXP.