`NYSCEF DOC. NO. 150
`
`INDEX NO. 801689/2023E
`
`RECEIVED NYSCEF: 11/16/2023
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`Index No. 801689/2023E
`
`VERIFIED ANSWER TO
`SKYVIEW INSTALLATION
`SERVICES INC.’S
`COUNTERCLAIMS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------------X
`ALBANI TORRES FIGUEROA,
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`DELUXE HOME BUILDERS CORP., CENTRE
`POINTE DEVELOPERS LLC, THE BOARD MANAGERS
`OF THE WESTCHESTER PLACE CONDOMINIUM, and
`ALLSTATE VENTURES, LLC,
`Defendants.
`
`
`
`
`
`---------------------------------------------------------------------------X
`DELUXE HOME BUILDERS CORP., CENTRE
`POINTE DEVELOPERS LLC, and ALLSTATE
`VENTURES LLC,
`
`
`
`
`-against-
`
`SKYVIEW INSTALLATION SERVICES INC., DURA-
`VATOR, LLC, SMARTRISE ENGINEERING, INC.,
`and TORIN DRIVE NORTH AMERICA,
`
`
`
`
`Third-Party Defendants.
`---------------------------------------------------------------------------X
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`
`
`Third-Party Plaintiffs,
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, by and through their attorneys,
`
`KAUFMAN BORGEEST & RYAN LLP, as and for their Verified Answer to Third-Party Defendant
`
`SKYVIEW INSTALLATION SERVICES INC.’s counterclaims, states and alleges upon
`
`information and belief the following:
`
`AS AND FOR A RESPONSE TO THE FIRST COUNTERCLAIM
`
`
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`every allegation contained in the paragraph designated as “42” of the Verified Answer to Amended
`
`Verified Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`AS AND FOR A RESPONSE TO THE SECOND COUNTERCLAIM
`
`
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`
`
`1 of 4
`
` 9442475
`
`
`
`FILED: BRONX COUNTY CLERK 11/16/2023 04:26 PM
`NYSCEF DOC. NO. 150
`
`INDEX NO. 801689/2023E
`
`RECEIVED NYSCEF: 11/16/2023
`
`
`
`every allegation contained in the paragraph designated as “43” of the Verified Answer to Verified
`
`Amended Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`AS AND FOR A RESPONSE TO THE THIRD COUNTERCLAIM
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`every allegation contained in the paragraph designated as “44” of the Verified Answer to Verified
`
`Amended Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`AS AND FOR A RESPONSE TO THE FOURTH COUNTERCLAIM
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`every allegation contained in the paragraph designated as “45” of the Verified Answer to Verified
`
`Amended Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`AS AND FOR A RESPONSE TO THE FIFTH COUNTERCLAIM
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`every allegation contained in the paragraph designated as “46” of the Verified Answer to Verified
`
`Amended Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`AS AND FOR A RESPONSE TO THE SIXTH COUNTERCLAIM
`
`Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP., CENTRE
`
`POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC, deny the truth of each and
`
`every allegation contained in the paragraphs designated as “47” and “48” of the Verified Answer
`
`to Verified Amended Third-Party Complaint and respectfully refer all questions of law to the Court.
`
`WHEREFORE, Defendants/Third-Party Plaintiffs, DELUXE HOME BUILDERS CORP.,
`
`CENTRE POINTE DEVELOPERS LLC, and ALLSTATE VENTURES LLC demand judgment
`
`dismissing the counterclaims raised by SKYVIEW INSTALLATION SERVICES INC. together with
`
`the costs and disbursements of this action.
`
`
`
`2 of 4
`
` 9442475
`
`
`
`FILED: BRONX COUNTY CLERK 11/16/2023 04:26 PM
`NYSCEF DOC. NO. 150
`
`INDEX NO. 801689/2023E
`
`RECEIVED NYSCEF: 11/16/2023
`
`
`
`Valhalla, New York
`November 16, 2023
`
`Dated:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: Stephen A. Denburg, Esq.
`GALLO VITUCCI KLAR LLP
`Attorneys for Third-Party Defendant
`SKYVIEW INSTALLATION SERVICES, INC.
`90 Broad Street, Suite 1202
`New York, New York 10004
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.
`
`KAUFMAN BORGEEST & RYAN LLP
`
`
`______________________________
`BY:
`Katerina R. Sperl Esq.
`Attorneys for Defendants/Third-Party Plaintiffs
`DELUXE HOME BUILDERS CORP., CENTRE
`POINTE DEVELOPERS LLC, and ALLSTATE
`VENTURES LLC
`200 Summit Lake Drive
`Valhalla, New York 10595
`(914)449.1000
`Our File No. 1091.199
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Christopher J. Gorayeb, Esq.
`GORAYEB & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`100 William Street, Suite 1900
`New York, New York 10038
`
`WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP
`Attorneys for Third-Party Defendant
`TORIN DRIVE NORTH AMERICA
`1133 Westchester Avenue
`White Plains, New York 10604
`
`Gary E. Dvoskin, Esq.
`CRUSER, MITCHELL, NOVITZ
`SANCHEZ, GASTON & ZIMET, LLP
`Attorneys for Third-Party Defendant
`DURA-VATOR LLC
`341 Conklin Street
`Farmingdale, New York 11735
`
`HEIDELL, PITTONI, MURPHY & BACH, LLP
`Attorneys for Third-Party Defendant
`SMARTRISE ENGINEERING, INC.
`99 Park Avenue
`New York, New York 10016
`
`3 of 4
`
` 9442475
`
`
`
`FILED: BRONX COUNTY CLERK 11/16/2023 04:26 PM
`NYSCEF DOC. NO. 150
`
`INDEX NO. 801689/2023E
`
`RECEIVED NYSCEF: 11/16/2023
`
`
`
`
`
`STATE OF NEW YORK
`
`
`
`
`
`COUNTY OF WESTCHESTER
`
`
`
`VERIFICATION
`
`)
`) ss.:
`)
`
`KATERINA R. SPERL, ESQ., being duly sworn, states that she is associated with the law
`
`firm of KAUFMAN BORGEEST & RYAN LLP, attorneys for Defendants/Third-Party Plaintiffs,
`
`DELUXE HOME BUILDERS CORP., CENTRE POINTE DEVELOPERS LLC, and ALLSTATE
`
`VENTURES LLC in this action and that the foregoing VERIFIED ANSWER TO SKYVIEW
`
`INSTALLATION SERVICES INC.’S COUNTERCLAIMS, is true to her knowledge, except as to
`
`those matters therein stated upon information and belief, and as to those matters she believes
`
`them to be true; that the grounds of her belief as to all matters not stated upon her knowledge are
`
`correspondence and other writings furnished by the defendants and other documentations
`
`maintained in the office of their attorneys; and that the reason why this verification is not made by
`
`defendants is that the defendants are located in different County other than the County where
`
`their attorneys have their place of business.
`
`Dated: Valhalla, New York
`November 16, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`__________________________________
`KATERINA R. SPERL, ESQ.
`
`
`
`4 of 4
`
` 9442475
`
`