FILED: KINGS COUNTY CLERK 05/09/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2016

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1 FILED: KINGS COUNTY CLERK 05/09/ :30 PM INDEX NO /2016 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/09/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X THE FOXSTONE GROUP, LLC, AND VODA BAUER REAL ESTATE LLC, Plaintiffs, against- CALVARY PENTECOSTAL CHURCH, INC., A/K/A CALVARY CATHEDRAL OF PRAISE, MARCUS ROBERTS, AND JOHN DOES AND JANE DOES 1-100, BEING PERSONS WHOSE IDENTITIES ARE CURRENTLY UNKNOWN TO PLAINTIFFS, Index No: /2016 VERIFIED ANSWER TO COUNTERCLAIMS AND THIRD- PARTY CLAIMS OF CALVARY PENTECOSTAL CHURCH, INC. Defendants X CALVARY PENTECOSTAL CHURCH, INC. a/k/a CALVARY CATHEDRAL OF PRAISE, Defendant/Counterclaim-Plaintiff, against- THE FOXSTONE GROUP, LLC and VODA BAUER REAL ESTATE LLC, Plaintiffs/Counterclaim-Defendants, JASON BAUER and ABRAHAM ZEIGERMAN, Counterclaim Defendants X Counterclaim-Defendant Jason Bauer, ( Bauer ), by his attorneys Oved & Oved LLP replies to the counterclaims and third-party claims of Defendant/Counterclaim- Plaintiff Calvary Pentecostal Church, Inc. ( Calvary ), dated February 22, 2016 (the Counterclaims ), upon information as belief as follows: 1. Admits the allegations contained in paragraph 1 of the Counterclaims. 2. Denies the allegations contained in paragraph 2 of the Counterclaims. 3. Denies the allegations contained in paragraph 3 of the Counterclaims. 1 1 of 9

2 4. Admits the allegations contained in paragraph 4 of the Counterclaims. 5. Admits the allegations contained in paragraph 5 of the Counterclaims. 6. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 6 of the Counterclaims. 7. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 7 of the Counterclaims. 8. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 of the Counterclaims. 9. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 9 of the Counterclaims. 10. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 10 of the Counterclaims. 11. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 11 of the Counterclaims. 12. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 12 of the Counterclaims. 13. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 13 of the Counterclaims. 14. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 14 of the Counterclaims. 15. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 15 of the Counterclaims. 16. Denies the allegations contained in paragraph 16 of the Counterclaims. 2 2 of 9

3 17. Denies the allegations contained in paragraph 17 of the Counterclaims. 18. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 18 of the Counterclaims. 19. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 19 of the Counterclaims. 20. Admits the allegations contained in paragraph 20 of the Counterclaims. 21. Denies the allegations contained in paragraph 21 of the Counterclaims, except refer to the Complaint for an accurate recitation of the facts purported to be described therein. 22. Denies the allegations contained in paragraph 22 of the Counterclaims, except refer to the Complaint for an accurate recitation of the facts purported to be described therein. 23. Denies the allegations contained in paragraph 23 of the Counterclaims, except refer to the Complaint for an accurate recitation of the facts purported to be described therein. 24. Denies the allegations contained in paragraph 24 of the Counterclaims. 25. Denies the allegations contained in paragraph 25 of the Counterclaims, except refer to the Complaint for a more fulsome recitation of the allegations described therein. 26. Denies the allegations contained in paragraph 26 of the Counterclaims. 27. Denies the allegations contained in paragraph 27 of the Counterclaims. 28. Denies the allegations contained in paragraph 28 of the Counterclaims. 29. Denies the allegations contained in paragraph 29 of the Counterclaims. 3 3 of 9

4 30. Denies the allegations contained in paragraph 30 of the Counterclaims. 31. Denies the allegations contained in paragraph 31 of the Counterclaims. 32. Denies the allegations contained in paragraph 32 of the Counterclaims. 33. Denies the allegations contained in paragraph 33 of the Counterclaims. 34. Denies the allegations contained in paragraph 34 of the Counterclaims. 35. Denies the allegations contained in paragraph 35 of the Counterclaims. 36. Denies the allegations contained in paragraph 36 of the Counterclaims. 37. Denies the allegations contained in paragraph 37 of the Counterclaims. 38. Denies the allegations contained in paragraph 38 of the Counterclaims. 39. Denies the allegations contained in paragraph 39 of the Counterclaims. 40. Denies the allegations contained in paragraph 40 of the Counterclaims. 41. Denies the allegations contained in paragraph 41 of the Counterclaims. 42. Denies the allegations contained in paragraph 42 of the Counterclaims. 43. Denies the allegations contained in paragraph 43 of the Counterclaims. 44. Denies the allegations contained in paragraph 44 of the Counterclaims. 45. Denies the allegations contained in paragraph 45 of the Counterclaims. 46. Denies the allegations contained in paragraph 46 of the Counterclaims. 47. Denies the allegations contained in paragraph 47 of the Counterclaims. 48. Denies the allegations contained in paragraph 48 of the Counterclaims. 49. Repeats and realleges each and every admission and denial made in response to those paragraphs of the Counterclaims referred to in paragraph 49 thereof with the same force and effect as if set forth herein at length. 50. Denies the allegations contained in paragraph 50 of the Counterclaims. 4 4 of 9

5 51. Denies the allegations contained in paragraph 51 of the Counterclaims. 52. Denies the allegations contained in paragraph 52 of the Counterclaims. 53. Denies the allegations contained in paragraph 53 of the Counterclaims. 54. Denies the allegations contained in paragraph 54 of the Counterclaims. 55. Denies the allegations contained in paragraph 55 of the Counterclaims. 56. Denies the allegations contained in paragraph 56 of the Counterclaims. 57. Denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in paragraph 57 of the Counterclaims. 58. Denies the allegations contained in paragraph 58 of the Counterclaims. 59. Denies the allegations contained in paragraph 59 of the Counterclaims. 60. Denies the allegations contained in paragraph 60 of the Counterclaims, and specifically Denies that Calvary is entitled to any relief whatsoever from Bauer. 61. Denies each and every allegation set forth in the WHEREFORE clause and specifically Denies that Calvary is entitled to any relief whatsoever against Bauer. 62. Denies each and every other allegation contained in the Counterclaims not expressly admitted in this reply. FIRST AFFIRMATIVE DEFENSE Calvary fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE The Counterclaims are barred by Calvary s misrepresentations, fraud, duress, breaches of fiduciary duty, and/or unclean hands. 5 5 of 9

6 THIRD AFFIRMATIVE DEFENSE The Counterclaims are barred by the doctrines of estoppel, waiver, release, ratification, discharge and laches. FOURTH AFFIRMATIVE DEFENSE The Counterclaims fail based on Calvary s bad faith. FIFTH AFFIRMATIVE DEFENSE The Counterclaims are barred based on Calvary s failure to satisfy a condition precedent. SIXTH AFFIRMATIVE DEFENSE The Counterclaims should be dismissed based upon the documentary evidence. SEVENTH AFFIRMATIVE DEFENSE Calvary s claims are barred, in whole or in part, to the extent that it has not suffered any actual injury or damages as a result of the allegations in the Counterclaims. EIGHTH AFFIRMATIVE DEFENSE Calvary s alleged injuries and/or damages, its entitlement to which being expressly denied, were caused by Calvary s own actions, omissions or conduct. NINTH AFFIRMATIVE DEFENSE Calvary s claims are barred, in whole or in part, by Calvary s failure to mitigate its claimed damages, its entitlement to which being expressly denied. TENTH AFFIRMATIVE DEFENSE Calvary s claims are barred, in whole or in part, by Calvary s breaches of contract. 6 6 of 9

7 ELEVENTH AFFIRMATIVE DEFENSE Calvary s claims are barred, in whole or in part, on the basis that Calvary would be unjustly enriched if allowed to recover all or any portion of the damages alleged. TWELFTH AFFIRMATIVE DEFENSE Calvary s claims are barred by facts showing illegality by statute or common law. THIRTEENTH AFFIRMATIVE DEFENSE Calvary s claims are barred by the original document rule. FOURTEENTH AFFIRMATIVE DEFENSE Calvary s claims are barred because at all times Bauer acted in good faith and did not directly or indirectly commit, control, induce or cause any wrongful acts or omissions and did no unlawful act or thing directly or indirectly through or by means of any other person. FIFTEENTH AFFIRMATIVE DEFENSE Although Bauer denies owing any monies to Calvary, if Bauer is found to owe any monies to Calvary, whatever monies are said to be owed should be offset the amounts owed by Calvary to Plaintiffs and/or Bauer. RESERVATION OF RIGHTS Bauer hereby gives notice that he intends to rely on any additional affirmative defenses that become available or apparent during discovery and thus reserves the right to amend his Answer to assert such additional defenses. 7 7 of 9

8 WHEREFORE, Bauer hereby requests that the Court grant him the following relief: (i) (ii) (iii) (iv) dismiss Calvary s Counterclaims in their entirety with prejudice; award Bauer his costs and disbursements incurred in this suit; award Bauer attorneys fees to the full extent permitted by law; and grant Bauer such other and further relief as the Court may deem just and proper. Dated: New York, New York May 9, 2016 /S/ Darren Oved, Esq. Andrew J. Urgenson, Esq. OVED & OVED LLP Attorneys for Plaintiffs and Third- Party Defendant Jason Bauer 401 Greenwich Street New York, NY of 9

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