FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`TABIJO REALTY LLC,
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`CORNELL REALTY MANAGEMENT LLC and
`SHIFRA HAGER,
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`-against-
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`Index No.: 702254/2024
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`VERIFIED ANSWER
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`Plaintiff,
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`Defendants.
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`Defendants Cornell Realty Management LLC and Shifra Hager (collectively “Defendant”),
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`by and through their attorneys Koffsky Schwalb LLC, as and for their Verified Answer to the
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`Verified Complaint, respectfully state and allege:
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`1.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraph of the Complaint numbered 1.
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`2.
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`3.
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`Deny the paragraphs of the Complaint numbered 2 and 3.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraph of the Complaint numbered 4.
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`4.
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`5.
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`Deny the paragraphs of the Complaint numbered 5, 6, and 7.
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` Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 8, 9, 10, and 11.
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`6.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 12, 13, 14, 15, and 16, and respectfully
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`refer this Honorable Court to such agreement(s) for the terms thereof.
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`7.
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`Deny the paragraphs of the Complaint numbered 17, 18, and 19.
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`1 of 7
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`NYSCEF DOC. NO. 9
`
`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`TABIJO REALTY LLC,
`
`
`
`
`
`CORNELL REALTY MANAGEMENT LLC and
`SHIFRA HAGER,
`
`
`
`
`
`
`
`
`-against-
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`
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`
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`
`
`Index No.: 702254/2024
`
`VERIFIED ANSWER
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`Defendants Cornell Realty Management LLC and Shifra Hager (collectively “Defendant”),
`
`by and through their attorneys Koffsky Schwalb LLC, as and for their Verified Answer to the
`
`Verified Complaint, respectfully state and allege:
`
`1.
`
`Deny knowledge or information sufficient to form a belief as to the allegations
`
`contained in the paragraph of the Complaint numbered 1.
`
`2.
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`3.
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`Deny the paragraphs of the Complaint numbered 2 and 3.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraph of the Complaint numbered 4.
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`4.
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`5.
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`Deny the paragraphs of the Complaint numbered 5, 6, and 7.
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` Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 8, 9, 10, and 11.
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`6.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 12, 13, 14, 15, and 16, and respectfully
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`refer this Honorable Court to such agreement(s) for the terms thereof.
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`7.
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`Deny the paragraphs of the Complaint numbered 17, 18, and 19.
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`1 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
`
`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
`
`8.
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` Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 20, 21, and 22, and respectfully refer
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`this Honorable Court to such agreement(s) for the terms thereof.
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`9.
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`10.
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`Deny the paragraph of the Complaint numbered 23.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraph of the Complaint numbered 24, and respectfully refer all questions of
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`law to this Honorable Court.
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`11.
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`12.
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`Deny the paragraph of the Complaint numbered 25.
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`AS AND FOR A RESPONSE TO THE FIRST CAUSE OF ACTION
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`Defendants repeat and reallege each and every response to the allegations
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`contained in each of the prior paragraphs as if more fully set forth herein.
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`13.
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`Deny the paragraphs of the Complaint numbered 27, 28, 29, and 30.
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`AS AND FOR A RESPONSE TO THE SECOND CAUSE OF ACTION
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`14.
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`Defendants repeat and reallege each and every response to the allegations
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`contained in each of the prior paragraphs as if more fully set forth herein.
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`15.
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`16.
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`Deny the paragraphs of the Complaint numbered 32, 33, and 34.
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`AS AND FOR A RESPONSE TO THE THIRD CAUSE OF ACTION
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`Defendants repeat and reallege each and every response to the allegations
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`contained in each of the prior paragraphs as if more fully set forth herein.
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`17.
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`Deny the paragraphs of the Complaint numbered 36, 37, 38, and 39.
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`AS AND FOR A RESPONSE TO THE FOURTH CAUSE OF ACTION
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`18.
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`Defendants repeat and reallege each and every response to the allegations
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`contained in each of the prior paragraphs as if more fully set forth herein.
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`2 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`19.
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`Deny knowledge or information sufficient to form a belief as to the allegations
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`contained in the paragraphs of the Complaint numbered 41 and 42.
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`20.
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`21.
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`Deny the paragraphs of the Complaint numbered 43, 44, and 45.
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`AS AND FOR A RESPONSE TO THE FIFTH CAUSE OF ACTION
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` Defendants repeat and reallege each and every response to the allegations
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`contained in each of the prior paragraphs as if more fully set forth herein.
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`22.
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`23.
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`Deny the paragraphs of the Complaint numbered 47, 48, and 49
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`The Complaint herein fails to state a cause of action upon which relief may be
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`granted, and is thus fatally defective.
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`party.
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`24.
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`25.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`This action cannot proceed not proceed in the absence of a person who should be a
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`That in the event of any judgment or verdict on behalf of the Plaintiff, the Defendant
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`is entitled to a set-off or verdict with respect to the amounts of any payments made to the Plaintiff.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`26.
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`Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
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`the injuries, damages and disabilities alleged in the complaint.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`27.
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`defendants.
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`Plaintiff is not party to any agreement or contract with one or more of the
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`3 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`28.
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`Plaintiff failed to comply with a condition precedent to bringing this action
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`including, but not limited to, providing a required notice.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`29.
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`Plaintiff and Defendant are not parties to an agreement, the terms of which mirror
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`the allegations contained in the Complaint.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`Plaintiff lacks standing and/or capacity to bring the instant lawsuit.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`Plaintiff’s action must be dismissed based on Plaintiff’s own unclean hands.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`Plaintiff’s claims are barred by release, waiver, laches, and/or estoppel.
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
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`Plaintiff’s claims are barred by accord and satisfaction.
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
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`The alleged guaranty was discharged, cancelled, terminated, and/or lapsed.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
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`Plaintiff’s claims are barred by its own culpable conduct and/or the culpable
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`30.
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`31.
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`32.
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`33.
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`34.
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`35.
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`conduct of its agents including, but not limited to, Plaintiff’s agent’s disconnecting of electricity
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`to the subject premises.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`Plaintiff’s claims are barred by a failure to perform in accordance with its alleged
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`36.
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`agreement.
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`4 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`37.
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`Plaintiff’s claims are barred as it performed its alleged work, duties, and
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`responsibilities negligently.
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
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`Plaintiff breached the covenant of good faith and fair dealing by, among other
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`38.
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`things:
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`a. attempting to avoid receipt of payment(s);
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`b. withholding consents in violation of the lease agreement;
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`c. improperly charging fees that it was not entitled to charge under the law.
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
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`39.
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`Plaintiff unlawfully seeks late fees for periods in which it may not, such as during
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`the state of emergency due to COVID-19.
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`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
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`40.
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`Plaintiff breached the warranty of habitability and therefore no rent is due for some
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`or all of the periods in question.
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`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
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`41.
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`Venue is improper in Queens County because the property in question is located in
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`Kings County, and it is demanded that venue be moved to Kings County.
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`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
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`42.
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`Defendant(s) was not properly served with the Summons in this case and therefore
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`this Court lacks jurisdiction and this case must be dismissed.
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`AS AND FOR A TWENTY FIRST AFFIRMATIVE DEFENSE
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`43.
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`Defendant is with insufficient knowledge or information upon which it may form a
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`belief as to whether it may have additional and/or unstated affirmative defenses and reserves its
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`5 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`right to assert additional affirmative defenses in the event discovery or clarification of the claims
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`asserted indicate that such assertion is appropriate.
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`WHEREFORE, Defendant demands judgment dismissing Plaintiff’s Complaint, together
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`with the attorneys’ fees, costs and disbursements of this action.
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`KOFFSKY SCHWALB LLC
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`/s/ Steven A. Weg
`By: Steven A. Weg
`Attorneys for Defendants
`500 Seventh Avenue, 8th Floor
`New York, New York 10018
`(646) 553-1590
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`Dated: New York, New York
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`March 27, 2024
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`6 of 7
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`FILED: QUEENS COUNTY CLERK 03/27/2024 10:20 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 702254/2024
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`RECEIVED NYSCEF: 03/27/2024
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`ATTORNEY VERIFICATION
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`The undersigned, an attorney licensed to practice as such in the State of New York, affirms under
`the penalty of perjury as follows:
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`This verification is made by the undersigned and not by the Defendants because the Defendants
`are currently in a county within New York State other than where the undersigned has his office.
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`The foregoing Answer is true to my knowledge and based on facts and information relayed to me
`by my client(s).
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`Dated: New York, New York
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`March 27, 2024
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`/S/ Steven A. Weg
`Steven A. Weg
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`7 of 7
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