Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013
NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------- -------- - -------x
:
PETER STERN and EXPRESS TRADE CAPITAL,
INC., : Index No. 653476/13
Plaintiffs, : REPLY TO
-against- : COUNTERCLAIM
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,
:
Defendants.
-----------------------------------------x
Plaintiffs Peter Stern and Express Trade Capital, Inc., by its attorneys, Diamond
McCarthy LLP, for their Reply to Counterclaim, state as follows:
1. Deny paragraph 1.
2. Deny knowledge or information sufficient to form a belief as to the truth of the
allegation asserted in paragraph 2.
3. Refer to the Amended Complaint for the allegations contained therein and
otherwise deny the allegations of such paragraph 3.
4. Deny paragraph 4.
5. Deny knowledge or information sufficient to form a belief as to the truth of the
allegation asserted in paragraph 5.
6. Refers to the Amended Complaint for the allegations contained therein and
otherwise deny the allegations of such paragraph 6.
7. Respectfully refer all questions of law to the Court and otherwise deny the
allegations of such paragraph 7.
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FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013
NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018
8. Deny paragraph 8.
9. Admit paragraph 9.
10. Deny paragraph 10.
11. Respectfully refer allquestions of law to the Court and otherwise deny the
allegations of such paragraph 11.
12. Respectfully refer allquestions of law to the Court and otherwise deny the
allegations of such paragraph 12.
13. Respectfully refer allquestions of law to the Court and otherwise deny the
allegations of such paragraph 13.
14. Deny paragraph 14.
15. Deny paragraph 15.
16. Deny paragraph 16.
17. Deny paragraph 17.
18. Deny paragraph 18.
19. Deny paragraph 19.
20. Deny paragraph 20.
FIRST AFFIRMATIVE DEFENSE
21. The counterclaim fails to state a valid claim for relief.
SECOND AFFIRMATIVE DEFENSE
Plaintiffs' defendants'
22. claims were filed upon leave of Court after opposition was
considered by the Court and rejected.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs'
23. claims were filed for the valid purpose of adjudicating the claims.
2
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FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013
NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018
FOURTH AFFIRMATIVE DEFENSE
Plaintiffs'
24. claims were filed based on and supported by sworn statements made by
the Defendants in this action.
FIFTH AFFIRMATIVE DEFENSE
25. The Defendants have not suffered any special damages.
WHEREFORE, plaintiffs demand that the Counterclaim be dismissed and that they be
granted judgment against defendants in an amount to be proven at trial,together with interest and
such other relief as the court deems just and proper.
Dated: New York, New York
August 3, 2018
DIAMOND McCARTHY LLP
Attorneys for the Plaintiffs, Peter
Stern and Express Trade Capital, Inc.
By: /s/Lon J. Seidman
Lon J. Seidman
27*
295 Madison Avenue, Floor
New York, New York 10017
Telephone: 212-430-5400
Facsimile: 212-430-5499
lseidman@diamondmccarthy.com
TO: Robert Bondar, Esq.
Attorney for Defendants
28 Dooley Street, 3rd Fl.
Brooklyn, NY 11235
3
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FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013
NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------x
PETER STERN and EXPRESS TRADE CAPITAL,
INC., : Index No. 653476/13
Plaintiffs, : AFFIDAVIT OF
SERVICE
-against- :
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,
Defendants.
-----------------------------------------x
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
NANCY SULLIVAN, being duly sworn, deposes and says:
I am not a party to the action, am over eighteen years of age and reside in Suffolk
County, State of New York.
On August 3, 2018, I served the Reply to Counterclaim by electronically filing via
the Court's NYSCEF and by causing a true copy thereof to be delivered by depositing itin an
official depository under the exclusive care and custody of the U.S. Postal Service within New
York State to:
Robert Bondar, Esq.
Attorney for Defendants
3rd
28 Dooley Street, Fl.
Brooklyn, NY 11235
/'i
I
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Preview
FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013 NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------- -------- - -------x : PETER STERN and EXPRESS TRADE CAPITAL, INC., : Index No. 653476/13 Plaintiffs, : REPLY TO -against- : COUNTERCLAIM 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, : Defendants. -----------------------------------------x Plaintiffs Peter Stern and Express Trade Capital, Inc., by its attorneys, Diamond McCarthy LLP, for their Reply to Counterclaim, state as follows: 1. Deny paragraph 1. 2. Deny knowledge or information sufficient to form a belief as to the truth of the allegation asserted in paragraph 2. 3. Refer to the Amended Complaint for the allegations contained therein and otherwise deny the allegations of such paragraph 3. 4. Deny paragraph 4. 5. Deny knowledge or information sufficient to form a belief as to the truth of the allegation asserted in paragraph 5. 6. Refers to the Amended Complaint for the allegations contained therein and otherwise deny the allegations of such paragraph 6. 7. Respectfully refer all questions of law to the Court and otherwise deny the allegations of such paragraph 7. 1 of 4 FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013 NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018 8. Deny paragraph 8. 9. Admit paragraph 9. 10. Deny paragraph 10. 11. Respectfully refer allquestions of law to the Court and otherwise deny the allegations of such paragraph 11. 12. Respectfully refer allquestions of law to the Court and otherwise deny the allegations of such paragraph 12. 13. Respectfully refer allquestions of law to the Court and otherwise deny the allegations of such paragraph 13. 14. Deny paragraph 14. 15. Deny paragraph 15. 16. Deny paragraph 16. 17. Deny paragraph 17. 18. Deny paragraph 18. 19. Deny paragraph 19. 20. Deny paragraph 20. FIRST AFFIRMATIVE DEFENSE 21. The counterclaim fails to state a valid claim for relief. SECOND AFFIRMATIVE DEFENSE Plaintiffs' defendants' 22. claims were filed upon leave of Court after opposition was considered by the Court and rejected. THIRD AFFIRMATIVE DEFENSE Plaintiffs' 23. claims were filed for the valid purpose of adjudicating the claims. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013 NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018 FOURTH AFFIRMATIVE DEFENSE Plaintiffs' 24. claims were filed based on and supported by sworn statements made by the Defendants in this action. FIFTH AFFIRMATIVE DEFENSE 25. The Defendants have not suffered any special damages. WHEREFORE, plaintiffs demand that the Counterclaim be dismissed and that they be granted judgment against defendants in an amount to be proven at trial,together with interest and such other relief as the court deems just and proper. Dated: New York, New York August 3, 2018 DIAMOND McCARTHY LLP Attorneys for the Plaintiffs, Peter Stern and Express Trade Capital, Inc. By: /s/Lon J. Seidman Lon J. Seidman 27* 295 Madison Avenue, Floor New York, New York 10017 Telephone: 212-430-5400 Facsimile: 212-430-5499 lseidman@diamondmccarthy.com TO: Robert Bondar, Esq. Attorney for Defendants 28 Dooley Street, 3rd Fl. Brooklyn, NY 11235 3 3 of 4 FILED: NEW YORK COUNTY CLERK 08/03/2018 10:19 AM INDEX NO. 653476/2013 NYSCEF DOC. NO. 167 RECEIVED NYSCEF: 08/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------x PETER STERN and EXPRESS TRADE CAPITAL, INC., : Index No. 653476/13 Plaintiffs, : AFFIDAVIT OF SERVICE -against- : 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, Defendants. -----------------------------------------x STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) NANCY SULLIVAN, being duly sworn, deposes and says: I am not a party to the action, am over eighteen years of age and reside in Suffolk County, State of New York. On August 3, 2018, I served the Reply to Counterclaim by electronically filing via the Court's NYSCEF and by causing a true copy thereof to be delivered by depositing itin an official depository under the exclusive care and custody of the U.S. Postal Service within New York State to: Robert Bondar, Esq. Attorney for Defendants 3rd 28 Dooley Street, Fl. Brooklyn, NY 11235 /'i I I