Mikhlyn et al v. Bove et al

Filing 175

MEMORANDUM in Opposition re 171 Notice of Appearance, 173 Letter, 170 Notice of Appearance filed by ABC All Consulting, Inc., Inga Mikhlyn, Vadim Mikhlyn. (Mandel, Val)

Mikhlyn et al v. Bove et al

Doc. 175

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------X JOHN W. KIDDER, Individually and as Proposed Executor for the Estate of TRESA J. KIDDER, Plaintiff(s), -againstA.C.&S., INC., et. al.,

Case No. CV-02-1590

ANSWER AND ACKNOWLEDGMENT OF SERVICE Judge Gershon Defendants.

-----------------------------------------------------------------X Defendant, Peerless Industries Inc., by its attorneys L=ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P., as and for its Answer to the Verified Complaint of the Law Offices of Weitz & Luxenberg, P.C., alleges as follows: 1. Defendant, Peerless Industries Inc., denies knowledge and information

sufficient to form a belief as to the truth of the allegations contained in the verified complaint which pertain to other defendants. AS TO THE TENTH CAUSE OF ACTION 2. Repeats, reiterates and realleges each and every response applicable to the

allegations contained in paragraphs "1" through "32" of the Verified Complaint as though fully set forth at length herein. 3. Denies each and every allegation contained in paragraphs "33" through

"43", except denies knowledge and information sufficient to form a belief as to the truth of the allegations contained in the Verified Complaint which pertain to the other defendants.

Dockets.Justia.com

2 Peerless Industries Inc. hereby answers the verified complaint in this action by reference to its standard answer filed pursuant to NYAL Case Management Order and raises each of the affirmative defenses contained in its standard answer.

Dated:

Garden City, New York July 20, 2004

Yours, etc. L=ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. BY:_____________________________ Matthew R. Straus ­ Federal ID# 2580 Attorneys for Defendant Peerless Industries Inc. Office and P.O. Address 1050 Franklin Avenue Garden City, New York 11530 [phone]

TO:

LAW OFFICES OF WEITZ & LUXENBERG, P.C., Attorneys for Plaintiffs SEE ANNEXED SERVICE LIST

R:\CPWIN\HISTORY\020514A\97FA.2A

AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU )

MICHELLE GORDON, being duly sworn, deposes and says that deponent is not a party to the within action, is over 18 years of age and resides in Bayside, New York. That on the 12th day of August, 2004, deponent served the within ANSWER AND ACKNOWLEDGMENT OF SERVICE upon: SEE ANNEXED SERVICE LIST the attorney(s) for the respective parties in this action, at the above address(es) designated by said attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York.

______________________________________ MICHELLE GORDON

Sworn to before me this 12th day of August, 2004.

Notary Public

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------x JOHN W. KIDDER, Individually and as Proposed Executor for the Estate of TRESA J. KIDDER, Plaintiffs,

Case No. CV-02-1590 DISCLOSURE STATEMENT ON BEHALF OF DEFENDANT Peerless Industries Inc.

-againstA.C.&S., INC., et. al., Defendants. --------------------------------------------------------------------x Defendant, Peerless Industries Inc., by its attorneys L'Abbate, Balkan, Colavita & Contini, L.L.P., in compliance with Federal Civil Rule 7.1 for the United States District Courts for the Southern and Eastern Districts of New York states that the following entities are parents, subsidiaries and/or affiliates of Peerless Industries Inc. 1. None. Dated: Garden City, New York July 20, 2004 L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. By:_____________________________ Matthew R. Straus - Federal ID# 2580 Attorneys for Defendant Peerless Industries Inc. 1050 Franklin Avenue Garden City, New York 11530 [phone] TO: WEITZ & LUXENBERG, P.C., Attorneys for Plaintiffs SEE ANNEXED SERVICE LIST

AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU )

MICHELLE GORDON, being duly sworn, deposes and says that deponent is not a party to the within action, is over 18 years of age and resides in Bayside, New York. That on the 12th day of August, 2004, deponent served the within DISCLOSURE STATEMENT upon: SEE ANNEXED SERVICE LIST the attorney(s) for the respective parties in this action, at the above address(es) designated by said attorney(s) for that purpose by depositing same enclosed in a postpaid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York.

_______________________________________ MICHELLE GORDON

Sworn to before me this 12th day of August, 2004. Notary Public