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FILED: NEW YORK COUNTY CLERK 11/20/2013 INDEX NO. 653476/2013
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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PETER STERN and EXPRESS TRADE CAPITAL, INC.
Plaintiffs, Index No. 653476/2013
-against-
VERIFIED ANSWER
OLEG ARDACHEV, AIR CARGO SERVICES L.L.C.,
DELEX INC., DELEX AIR CARGO, LLC, a Delaware
limited liability company, and DELEX AIR CARGO, LLC.
a Washington limited liability company.
Defendant.
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Defendants OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., and DELEX
AIR CARGO, LLC (collectively, the “Defendants”) by their attorney, Robert Bondar, Esq., as
and for their Answer to Plaintiffs’ Complaint allege, upon information and belief:
PARTIES
1. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
2. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
3. Defendants admit the allegations contained in this paragraph.
4. Defendants deny the allegations contained in this paragraph.
5. Defendants admit the allegations contained in this paragraph.
6. Defendants admit the allegations contained in this paragraph to the extent that DELEX
AIR CARGO, LLC is foreign limited liability company formed under the laws of State of
Delaware. Defendant denies the balance of allegations contained in this paragraph.
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7. Defendants deny the allegations contained in this paragraph.
BACKGROUND
8. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
9. Defendants deny the allegations contained in this paragraph.
10. Defendants deny the allegations contained in this paragraph.
11. Defendants deny the allegations contained in this paragraph.
12. Defendants deny the allegations contained in this paragraph.
13. Defendants deny the allegations contained in this paragraph.
14. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
15. Defendants deny the allegations contained in this paragraph.
16. Defendants deny the allegations contained in this paragraph.
17. Defendants deny the allegations contained in this paragraph.
18. Defendants deny the allegations contained in this paragraph.
19. Defendants deny the allegations contained in this paragraph.
20. Defendants deny the allegations contained in this paragraph.
21. Defendants deny the allegations contained in this paragraph.
22. Defendants deny the allegations contained in this paragraph.
23. Defendants deny the allegations contained in this paragraph.
24. Defendants deny the allegations contained in this paragraph.
25. Defendants deny the allegations contained in this paragraph.
26. Defendants deny the allegations contained in this paragraph.
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AS AND FOR A FIRST CAUSE OF ACTION
27. Defendants repeat their answers to each and every allegation of paragraphs 1-26 of
Plaintiffs’ complaint, as if recited here verbatim.
28. Defendants deny the allegations contained in this paragraph.
29. Defendants deny the allegations contained in this paragraph.
AS AND FOR A SECOND CAUSE OF ACTION
30. Defendants repeat their answers to each and every allegation of paragraphs 1-29 of
Plaintiffs’ complaint, as if recited here verbatim.
31. Defendants deny the allegations contained in this paragraph and reserves and refers all
questions of law to the court.
32. Defendants deny the allegations contained in this paragraph.
33. Defendants deny the allegations contained in this paragraph.
AS AND FOR A THIRD CAUSE OF ACTION
34. Defendants repeat their answers to each and every allegation of paragraphs 1-33 of
Plaintiffs’ complaint, as if recited here verbatim.
35. Defendants deny the allegations contained in this paragraph.
36. Defendants deny the allegations contained in this paragraph.
37. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
38. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
39. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
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40. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
41. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
42. Defendants deny the allegations contained in this paragraph.
AS AND FOR A FOURTH CAUSE OF ACTION
43. Defendants repeat their answers to each and every allegation of paragraphs 1-42 of
Plaintiffs’ complaint, as if recited here verbatim.
44. Defendants deny the allegations contained in this paragraph.
45. Defendants deny the allegations contained in this paragraph.
46. Defendants deny the allegations contained in this paragraph.
47. Defendants deny the allegations contained in this paragraph.
AS AND FOR A FIFTH CAUSE OF ACTION
48. Defendants repeat their answers to each and every allegation of paragraphs 1-47 of
Plaintiffs’ complaint, as if recited here verbatim.
49. Defendants deny the allegations contained in this paragraph.
50. Defendants deny the allegations contained in this paragraph.
51. Defendants deny the allegations contained in this paragraph.
52. Defendants deny the allegations contained in this paragraph.
53. Defendants are without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in this paragraph.
54. Defendants deny the allegations contained in this paragraph.
55. Defendants deny the allegations contained in this paragraph.
56. Defendants deny the allegations contained in this paragraph.
57. Defendants deny the allegations contained in this paragraph.
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58. Defendants deny the allegations contained in this paragraph.
59. Defendants deny the allegations contained in this paragraph.
60. Defendants deny the allegations contained in this paragraph.
61. Defendants deny the allegations contained in this paragraph.
62. Defendants deny the allegations contained in this paragraph.
63. Defendants deny the allegations contained in this paragraph.
64. Defendants deny the allegations contained in this paragraph.
65. Defendants deny the allegations contained in this paragraph.
66. Defendants deny the allegations contained in this paragraph.
AFFIRMATIVE DEFENSES
Defendants herein, pleading in the alternative and without prejudice to its denials asserted in
its Answer to the Complaint, assert and allege the following separate and affirmative defenses to
the Complaint. By listing any matter as a defense, Defendants do not assume the burden of
proving any matter upon which Plaintiffs bear the burden of proof under the applicable law. In
addition, Defendants specifically reserve the right to restate, amend, or delete any defense and/or
assert any additional defenses.
FIRST AFFIRMATIVE DEFENSE
The Complaint fails to state a cause of action upon which relief can be granted against
Defendants.
SECOND AFFIRMATIVE DEFENSE
If Plaintiff suffered damages from the circumstances alleged in the Complaint, and which alleged
damages Defendant expressly denies, such damages were caused or contributed to by Plaintiff’s
own conduct.
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THIRD AFFIRMATIVE DEFENSE
Plaintiff’s claims are precluded and barred because Plaintiff’s injuries and damages, if any, are
too speculative and uncertain to merit compensation.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff’s damages, if any, were caused or contributed by Plaintiff’s own fault, culpable conduct,
and assumption of risk, and any liability or responsibility for such damages rests with Plaintiff.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs’ claims are precluded and barred by the doctrines of unclean hands, estoppel,
accord and satisfaction, and by such other principles of equity and good faith as are applicable.
WHEREFORE, the Defendants demand judgment against the Plaintiffs, as follows:
A. Dismissing the Complaint in its entirety;
B. For such other and further relief as this Court may deem equitable and just.
DATED: Brooklyn, New York Respectfully submitted,
November 20, 2013
By: __s/ Robert Bondar______________
Robert Bondar, Esq.
Attorney for Defendants
28 Dooley Street
3rd floor
Brooklyn, New York 11235
Telephone (347) 462-3262
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ATTORNEY’S VERIFICATION
I, the undersigned, an attorney admitted to practice in the Courts of the State of New York, state
and affirm that I am the attorney of record for the Defendants OLEG ARDACHEV, AIR
CARGO SERVICES L.L.C., DELEX INC., and DELEX AIR CARGO, LLC in the within
action; that I have read the foregoing Answer and know its contents; that it is true to my own
knowledge, except as to matters alleged to be on information and belief, and as to those matters I
believe it to be true. The reason that this verification is made by me and not by the Defendant is
because the Defendant is not located in the county in which your Affirmant maintains his office.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Records contained in my file and conversations I had with the Defendants.
I affirm that the foregoing statements are true, under the penalties of perjury.
Dated: Brooklyn, New York
November 20, 2013
___s/ Robert Bondar_________
Robert Bondar, Esq.
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FILED: NEW YORK COUNTY CLERK 11/20/2013 INDEX NO. 653476/2013 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/20/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------X PETER STERN and EXPRESS TRADE CAPITAL, INC. Plaintiffs, Index No. 653476/2013 -against- VERIFIED ANSWER OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., DELEX AIR CARGO, LLC, a Delaware limited liability company, and DELEX AIR CARGO, LLC. a Washington limited liability company. Defendant. ------------------------------------------------------------------------X Defendants OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., and DELEX AIR CARGO, LLC (collectively, the “Defendants”) by their attorney, Robert Bondar, Esq., as and for their Answer to Plaintiffs’ Complaint allege, upon information and belief: PARTIES 1. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 2. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 3. Defendants admit the allegations contained in this paragraph. 4. Defendants deny the allegations contained in this paragraph. 5. Defendants admit the allegations contained in this paragraph. 6. Defendants admit the allegations contained in this paragraph to the extent that DELEX AIR CARGO, LLC is foreign limited liability company formed under the laws of State of Delaware. Defendant denies the balance of allegations contained in this paragraph. 1 7. Defendants deny the allegations contained in this paragraph. BACKGROUND 8. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 9. Defendants deny the allegations contained in this paragraph. 10. Defendants deny the allegations contained in this paragraph. 11. Defendants deny the allegations contained in this paragraph. 12. Defendants deny the allegations contained in this paragraph. 13. Defendants deny the allegations contained in this paragraph. 14. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 15. Defendants deny the allegations contained in this paragraph. 16. Defendants deny the allegations contained in this paragraph. 17. Defendants deny the allegations contained in this paragraph. 18. Defendants deny the allegations contained in this paragraph. 19. Defendants deny the allegations contained in this paragraph. 20. Defendants deny the allegations contained in this paragraph. 21. Defendants deny the allegations contained in this paragraph. 22. Defendants deny the allegations contained in this paragraph. 23. Defendants deny the allegations contained in this paragraph. 24. Defendants deny the allegations contained in this paragraph. 25. Defendants deny the allegations contained in this paragraph. 26. Defendants deny the allegations contained in this paragraph. 2 AS AND FOR A FIRST CAUSE OF ACTION 27. Defendants repeat their answers to each and every allegation of paragraphs 1-26 of Plaintiffs’ complaint, as if recited here verbatim. 28. Defendants deny the allegations contained in this paragraph. 29. Defendants deny the allegations contained in this paragraph. AS AND FOR A SECOND CAUSE OF ACTION 30. Defendants repeat their answers to each and every allegation of paragraphs 1-29 of Plaintiffs’ complaint, as if recited here verbatim. 31. Defendants deny the allegations contained in this paragraph and reserves and refers all questions of law to the court. 32. Defendants deny the allegations contained in this paragraph. 33. Defendants deny the allegations contained in this paragraph. AS AND FOR A THIRD CAUSE OF ACTION 34. Defendants repeat their answers to each and every allegation of paragraphs 1-33 of Plaintiffs’ complaint, as if recited here verbatim. 35. Defendants deny the allegations contained in this paragraph. 36. Defendants deny the allegations contained in this paragraph. 37. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 38. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 39. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 3 40. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 41. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 42. Defendants deny the allegations contained in this paragraph. AS AND FOR A FOURTH CAUSE OF ACTION 43. Defendants repeat their answers to each and every allegation of paragraphs 1-42 of Plaintiffs’ complaint, as if recited here verbatim. 44. Defendants deny the allegations contained in this paragraph. 45. Defendants deny the allegations contained in this paragraph. 46. Defendants deny the allegations contained in this paragraph. 47. Defendants deny the allegations contained in this paragraph. AS AND FOR A FIFTH CAUSE OF ACTION 48. Defendants repeat their answers to each and every allegation of paragraphs 1-47 of Plaintiffs’ complaint, as if recited here verbatim. 49. Defendants deny the allegations contained in this paragraph. 50. Defendants deny the allegations contained in this paragraph. 51. Defendants deny the allegations contained in this paragraph. 52. Defendants deny the allegations contained in this paragraph. 53. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph. 54. Defendants deny the allegations contained in this paragraph. 55. Defendants deny the allegations contained in this paragraph. 56. Defendants deny the allegations contained in this paragraph. 57. Defendants deny the allegations contained in this paragraph. 4 58. Defendants deny the allegations contained in this paragraph. 59. Defendants deny the allegations contained in this paragraph. 60. Defendants deny the allegations contained in this paragraph. 61. Defendants deny the allegations contained in this paragraph. 62. Defendants deny the allegations contained in this paragraph. 63. Defendants deny the allegations contained in this paragraph. 64. Defendants deny the allegations contained in this paragraph. 65. Defendants deny the allegations contained in this paragraph. 66. Defendants deny the allegations contained in this paragraph. AFFIRMATIVE DEFENSES Defendants herein, pleading in the alternative and without prejudice to its denials asserted in its Answer to the Complaint, assert and allege the following separate and affirmative defenses to the Complaint. By listing any matter as a defense, Defendants do not assume the burden of proving any matter upon which Plaintiffs bear the burden of proof under the applicable law. In addition, Defendants specifically reserve the right to restate, amend, or delete any defense and/or assert any additional defenses. FIRST AFFIRMATIVE DEFENSE The Complaint fails to state a cause of action upon which relief can be granted against Defendants. SECOND AFFIRMATIVE DEFENSE If Plaintiff suffered damages from the circumstances alleged in the Complaint, and which alleged damages Defendant expressly denies, such damages were caused or contributed to by Plaintiff’s own conduct. 5 THIRD AFFIRMATIVE DEFENSE Plaintiff’s claims are precluded and barred because Plaintiff’s injuries and damages, if any, are too speculative and uncertain to merit compensation. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were caused or contributed by Plaintiff’s own fault, culpable conduct, and assumption of risk, and any liability or responsibility for such damages rests with Plaintiff. FIFTH AFFIRMATIVE DEFENSE Plaintiffs’ claims are precluded and barred by the doctrines of unclean hands, estoppel, accord and satisfaction, and by such other principles of equity and good faith as are applicable. WHEREFORE, the Defendants demand judgment against the Plaintiffs, as follows: A. Dismissing the Complaint in its entirety; B. For such other and further relief as this Court may deem equitable and just. DATED: Brooklyn, New York Respectfully submitted, November 20, 2013 By: __s/ Robert Bondar______________ Robert Bondar, Esq. Attorney for Defendants 28 Dooley Street 3rd floor Brooklyn, New York 11235 Telephone (347) 462-3262 6 ATTORNEY’S VERIFICATION I, the undersigned, an attorney admitted to practice in the Courts of the State of New York, state and affirm that I am the attorney of record for the Defendants OLEG ARDACHEV, AIR CARGO SERVICES L.L.C., DELEX INC., and DELEX AIR CARGO, LLC in the within action; that I have read the foregoing Answer and know its contents; that it is true to my own knowledge, except as to matters alleged to be on information and belief, and as to those matters I believe it to be true. The reason that this verification is made by me and not by the Defendant is because the Defendant is not located in the county in which your Affirmant maintains his office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: Records contained in my file and conversations I had with the Defendants. I affirm that the foregoing statements are true, under the penalties of perjury. Dated: Brooklyn, New York November 20, 2013 ___s/ Robert Bondar_________ Robert Bondar, Esq. 7