TANNENBAUM HELPERN SYRACUSE & HIRSCHTRITT LLP
Vincent J. Syracuse
900 Third Avenue
New York, New York 10022
(212) 508-6700
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BLEECKER CHARLES COMPANY, : 00 Civ. 7827 (GEL)
Plaintiff, :
REPLY TO COUNTERCLAIM
-against- :
350 BLEECKER STREET APARTMENT :
CORPORATION,
:
Defendant,
:
-against-
:
BLEECKER PARKING CORP.,
:
Additional Counterclaim Defendant.
:
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Additional Counterclaim Defendant Bleecker Parking Corp. ("Garage Corp."), by its undersigned counsel, for its reply to counterclaims of defendant 350 Bleecker Street Apartment Corporation ("the Co-op") contained in its answer and counterclaim dated December 29, 2000 ("the counterclaim"):
1. Denies the allegations contained in paragraph 14 of the counterclaim, except admits that the Co-op asserts the claims and seeks the relief in this action described in that paragraph.
2. Admits the allegations contained in paragraphs 15 through 18 of the counterclaim.
3. Does not respond to paragraphs 19 through 21 of the counterclaim, because such paragraphs merely contain legal contentions.
4. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 22 and 23 of the counterclaim.
5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 24 of the counterclaim, except respectfully refers the Court to the original or true copy of the relevant offering plan ("Offering Plan"), Bylaws of the Co-op ("the Bylaws") and provisions of the proprietary leases between the Co-op and its tenant shareholders.
6. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 25 through 27 of the counterclaim, except admits upon information and belief that the Co-op and the Sponsor executed and delivered a certain Agreement of Lease dated July 31, 1985 ("the Master Lease") and for its contents respectfully refers the Court to the original or a true copy.
7. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 28 of the counterclaim, except admits that on or about November 27, 1996, Sponsor and Garage Corp. entered into an Agreement of Lease covering the parking garage ("the Garage").
8. Denies the allegations contained in paragraphs 29 and 30 of the counterclaim to the extent that they plead matters of fact, but does not respond to said paragraphs to the extent that they merely contain legal contentions.
9. Admits upon information and belief the allegations contained in paragraphs 31 through 33 of the counterclaim insofar as they assert matters of fact, but does not respond to those paragraphs to the extent that they merely contain legal contentions.
10. Denies the allegations contained in paragraph 34 of the counterclaim, except respectfully refers the Court to the relevant Bylaws for their contents.
11. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 35 through 42 of the counterclaim.
12. Does not respond to the allegations contained in paragraph 43 of the counterclaim, because such paragraph merely contains legal contentions.
13. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 44 through 48 of the counterclaim.
14. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 49 of the counterclaim.
15. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 50 of the counterclaim.
16. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs S l and 52 of the counterclaim.
17. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 53 of the counterclaim.
18. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 54 of the counterclaim.
19. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 55 of the counterclaim.
20. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 56 through 59 of the counterclaim but does not respond to those paragraphs to the extent that they merely contain legal contentions.
21. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 60 of the counterclaim, except admits upon information and belief that the Sponsor sent a letter to shareholder-tenants of the Co-op and respectfully refers the Court to the original or a true copy for its contents.
22. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 61 of the counterclaim.
23. Denies the allegations contained in paragraph 62 of the counterclaim, except admits upon information and belief the allegations contained in the first sentence thereof.
24. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 63 of the counterclaim.
25. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 64 of the counterclaim and does not respond to the first sentence thereof insofar as it merely contains legal contentions.
26. Denies the allegations contained in paragraph 65 of the counterclaim.
27. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 66 of the counterclaim.
28. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 67 through 69 of the counterclaim.
20. Denies the allegations contained in paragraphs 70 and 71 of the counterclaim.
30. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 72 and 73 of the counterclaim.
31. Admits the allegations contained in paragraph 74 of the counterclaims.
32. Repeats its responses to the allegations incorporated by reference into paragraph 75 of the counterclaim.
33. Denies the allegations contained in paragraphs 76 through 80 of the counterclaim.
FIRST AFFIRMATIVE DEFENSE
34. Garage Corp. joins the allegations contained in Sponsor's complaint in this action and all affirmative defenses pleaded or asserted by Sponsor.
WHEREFORE, Garage Corp. prays for judgment determining that its lease remains in full force and effect, dismissing the counterclaim with prejudice, costs, and attorneys' fees and granting such other and further relief which as to this Court may seem just and proper.
Dated: New York, New York
February 5, 2001
TANNENBAUM HELPERN SYRACUSE & HIRSCHTRITT LLP
By:/s/ Vincent J. Syracuse
Vincent J. Syracuse (VJS-7678)
Attorneys for Additional Counterclaim Defendant
900 Third Avenue
New York, New York 10022-4775
(212) 508-6700
TO: PROSKAUER ROSE LLP
Attorneys for Plaintiff
1585 Broadway
New York, New York 10036
(212) 969-3000
FRIEDMAN, KRAUSS & ZLOTOLOW
Attorneys for Defendant
888 Seventh Avenue
New York, New York 10106-0299
(212) 247-5990