FILED: NEW YORK COUNTY CLERK 09/30/ :33 PM INDEX NO /2019 NYSCEF DOC. NO. 119 RECEIVED NYSCEF: 09/30/2019

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

UNITED OVERSEAS BANK LIMITED, NEW

YORK AGENCY, Index No. 850143/2019

Plaintiff,

ANSWER WITH

- against - COUNTERCLAIM

AND CROSS-CLAIMS VS 125 LLC, CINDAT USA LLC, NEW YORK

CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION

AND FINANCE, PLAZA/TIME SQUARE JOINT

VENTURE GP, TT MECHANICAL CORP, LEXINGTON MAINTENANCE, LLC, BRUCE SUPPLY CORP., SAV-MOR MECHANICAL

INC., DELTA SHEET METAL CORP, GOTHAM

DRYWALL, INC., STRUCTURETECH NEW

YORK INC., NEMO TILE CO., INC.,

THYSSENKRUPP ELEVATOR CORP.,

JANSONS ASSOCIATES INC. KNS BUILDING RESTORATION INC., STONEWORK DESIGN &

CONSULTING INC., "JOHN DOE"

(said name Being fictitious, it being the intention of Plaintiff to Designate any and all occupants of the premises being foreclosed herein, and any parties,

corporations or entities, if any, having or claiming an interest or lien upon the mortgaged property),

Defendants.

..._

Defendant LEXINGTON MAINTENANCE, LLC ("Lexington") by its attorney, Ronald

Francis, Esq., answers the Verified Amended Complaint, dated July 18, 2019 (the "Complaint")

of plaintiff, as follows:

1. Lexington denies knowledge or information sufficient to form a belief as to the truth or

veracity of the allegations set forth in paragraphs 1, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,

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17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,

42, 43, 44, 45, 46, 48, 49, 50, 51, and 53 of the Complaint.

2. Lexington denies the allegations set forth in paragraph 52 of the Complaint.

3. Lexington admits the allegations set forth in paragraph 5 of the Complaint.

4. Lexington admits the allegations set forth in paragraphs 2, 3, 4, and 30 as they relate to

Lexington, and denies knowledge or information sufficient to form a belief as to the truth

or veracity of the remaining allegations set forth in paragraphs 2, 3, 4, and 30 of the

Complaint.

5. Lexington repeats and realleges the admissions and denials previously set forth with

respect to the repetitive allegations set forth in paragraph 47 of the Complaint.

AS_AND FOR A FIRST AFFIRMATIVE DEFENSE

6. The Complaint fails to state a cause of action upon which relief may be granted.

AS FOR LEXINGTON'S CROSS-CLAIMS AND COUNTERCLAIM

IThe Partie_s_1

7. Lexington is limited liability company organized under the laws of the State of Delaware

with its principal place of business located at 355 Lexington Avenue, 17d'

Floor, New

York, NY 10017.

8. Plaintiff is a foreign banking corporation organized under the laws of the Republic of

Singapore, supervised by the New York State Department of Financial Services to

maintain a brañcli or agency in New York, and having an address of 592 Fifth Avenue,

New York, NY 10036.

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9. Upon information and belief, defendant VS 125 LLC ("VS 125") is limited liability

company organized under the laws of the State of Delaware with its principal place of

business located at 724 Fifth Avenue, New York, NY 10017.

10. Upon information and belief, VS 125 is the fee owner of the real property known as 125

Greenwich Street, New York, NY 10006, and designated as Tax Lot 14 in Block 51 in

the Borough of Manhattan (the "Property").

11. Upon information and belief, defendant Cindat USA LLC ("Cindat") is limited liability

company organized under the laws of the State of Delaware with its principal place of

business located at 375 Park Avenue, Suite 3703, New York, NY 10152.

12. Upon information and belief, Cindat is a subordinate mortgagee of the Property.

13. Upon information and belief, defendant New York City Department of Finance is an

agency of the City of New York, with an address of 100 Church Street, New York,

NYand is a lienor of the Property by virtue of alleged unpaid NYC Corporate Busineca tax.

14. Upon information and belief, defendant New York State Department of Taxation and

Finance is an agency of the State of New York with an address of Building 9, WA

Harriman Campus, Albany New York, and is a lienor of the Property by virtue of alleged

unpaid Franchise tax.

15. Upon information and belief, defendant Plaza/Time Square Joint Venture GP ("Joint

Venture") is limited liability company organized under the laws of the State of Delaware

with its principal place of business located at 1065 Sixth Avenue, New York, NY 10018.

16. Upon information and belief, defendant Joint Venture filed a lien or liens against the

Property and is therefore a necessary party to this action.

(4)

17. Upon information and belief, defendant TT Mechanical Corp. ("TT Mechanical") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 60-41 62nd Avenue, Maspeth, NY 11378.

18. Upon information and belief, defendant TT Mechanical filed a lien or liens against the

Property and is therefore a necessary party to this action.

19. Upon information and belief, defendant Bruce Supply Corp. ("Bruce Supply") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 8805 18*

Avenue, Brooklyn, NY 11218.

20. Upon information and belief, defendant Bruce Supply filed a lien or liens against the

Property and is therefore a necessary party to this action.

21. Upon information and belief, defendant Say-Mor Mechanical Inc. ("Say-Mor") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 30-B Howard Place, Ronkonkoma, NY 11779.

22. Upon information and belief, defendant Sav-Mor filed a lien or liens against the Property

and is therefore a necessary party to this action.

23. Upon information and belief, defendant Gotham Drywall Inc. ("Gotham") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 220 India Street, Brooklyn, NY 11222.

24. Upon information and belief, defendant Gotham filed a lien or liens against the Property

and is therefore a necessary party to this action.

25. Upon information and belief, defendant Structuretech New York, Inc. ("Structuretech") is

a corporation organized under the laws of the State of New York with its principal place

of business located at 90 W. Sanford Boulevard, Mount Vernon, NY 10552.

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26. Upon information and belief, defendant Structuretech filed a lien or liens against the

Property and is therefore a necessary party to this action.

27. Upon information and belief, defendant Nemo Tile Co. ("Nemo Tile") is a corporation

organized under the laws of the State of New York with its principal place of business

located at 121 East 24"'

Street, New York, NY 10010.

28. Upon information and belief, defendant Nemo Tile filed a lien or liens against the

Property and is therefore a necessary party to this action.

29. Upon information and belief, defendant Thyssenkrupp Elevator Corp. ("Thyssenkrupp")

is a corporation organized under the laws of the State of Delaware with its principal place

of business located at 125 Moen Street, Cranford, NJ 07016.

30. Upon information and belief, defendant Thyssenkrupp filed a lien or liens against the

Property and is therefore a necessary party to this action.

31. Upon information and belief, defendant Jansons Associates Inc. ("Jansons") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 130 Mozart Street, East Rutherford, NJ 07073.

32. Upon information and belief, defendant Jansons filed a lien or liens against the Property

and is therefore a necessary party to this action.

33. Upon information and belief, defendant KNS Building Restoration Inc. ("KNS") is a

corporation organized under the laws of the State of New York with its principal place of

business located at 69-81 75d'

Street, Middle Village, NY 11379.

34. Upon information and belief, defendant KNS filed a lien or liens against the Property and

is therefore a necessary party to this action.

35. Upon information and belief, defendant Stonework Design & Consulting Inc.

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("Stonework Design") is a corporation organized under the laws of the State of New

Jersey with its principal place of business located at 25 Pier Lane West, Fairfield, NJ

07004.

36. Upon information and belief, defendant Stonework Design filed a lien or liens against the

Property and is therefore a necessary party to this action.

AS AND FOR THE FIRST CROSS-CLAIM AGAINST JOINT VENTURE AND VS 125

(Breach of Contra_c

37. On or about April 4, 2017, Lexington, as the Trade Contractor, and Joint Venture, as the

Construction Manager, entered into a written contract whereby Lexington agreed to

furnish and install all work associated with "Curtain Wall Work"

at the Property (the

"Curtain Wall Contract") and received from Joint Venture for said work the contract price

of Twenty Six Million Three Hundred Seventy Four Thousand Seven Hundred Seventy

Five Dollars ($26,374,775.00).

38. During the course of Lexington's work on the Curtain Wall Contract, Joint Venture

requested that Lexington perform additional "change order"

work in an amount to be

proven at trial but believed to be approximately Two Million Dollars ($2,000,000).

39. On or about November 7, 2017, Lexington, as the Trade Contractor, and Joint Venture, as

the Construction Manager, entered into a written contract whereby Lexington agreed to

furnish and install all work associated with "Masonry Work"

at the Property (the

"Masonry Contract") and received from Joint Venture for said work the contract price of

Seven Hundred Sixty Thousand Dollars ($760,000.00).

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40. During the course of Lexington's work on the Masonry Contract, Joint Venture requested

that Lexington perform additional "change order"

work in an amount to be proven at trial

but believed to be approximately Two Hundred Thousand Dollars ($200,000).

41. Joint Venture also requested that Lexington provide general labor on a time and material

basis at the labor rates agreed to between the parties from March 2019 through August

2019 ("Labor T&M Agreement").

42. The Curtain Wall Contract, Masonry Contract, additional change order work for both

contracts, as well as the Labor T&M Agreement were entered into by Joint Venture on behalf of defendant VS 125.

43. Upon information and belief, Joint Venture had the authority of VS 125 to enter into the

Curtain Wall Contract, Masonry Contract, additional change order work, as well as the

Labor T&M Agreement on VS 125's behalf with Lexington.

44. Lexington performed all of the work and supplied all of the materials required pursuant to

the Curtain Wall Contract, Masonry Contract, additional change order work, as well as

the Labor T&M Agreement, through August, 2019.

45. Lexington submitted to Joint Venture payment requisitions for the work and materials it

provided on the Curtain Wall Contract, the Masonry Contract, additional change order

work, as well as the Labor T&M Agreement, through August 2019.

46. The total amount owed by Joint Venture and VS 125 to Lexington, and demanded by

Lexington in the payment requisitions submitted to Joint Venture is $6,287,399.90.

47. Notwithstanding the demands made by Lexington for payment, Joint Venture and VS 125 have failed and/or refused to made payment of the amount due.

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48. Joint Venture's refusal to pay Lexington the balañce due is a breach of the Curtain Wall

Contract, Masonry Contract, additional change order agreements, as well as the Labor

T&M Agreement.

49. Accordingly, Lexington has been damaged in the amount to be determined at trial but

believed to be $6,287,399.90, with applicable interest from March 31, 2019.

AS AND FOR THE SECOND CROSS-CLAIM AG_AINST VS 125 Eniust Enrichment)

50. Lexington repeats and realleges the allegations contained in paragraphs 1 through 49 as if

fully set forth herein.

51. At the request of VS 125, Lexington furnished the Curtain Wall Work, Masonry Work,

additional change order work, as well as the Labor T&M work in connection with the construction project at the Property being done by VS 125.

52. VS 125 requested, consented, received, accepted and approved the work performed by

Lexington with the understanding that Lexington would be paid for said work and

materials provided.

53. The fair and reasonable value of Lexington's work accepted by VS 125 is $6,287,399.90, of which $6,287,399.90 is due and owing to Lexington.

54. It is against equity and good conscience and unjust to permit VS 125 to retain the benefit

of Lexington's work without making payment for the value of said work in the amount of

$6,287,399.90.

AS AND FOR THE THIRD CROSS-CLAIM AGAINST JOINT VENTURE

(Account Stated)

55. Lexington repeats and realleges the allegations contained in paragraphs 1 through 54 as if

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fully set forth herein.

56. Pursuant to the Curtain Wall Contract, Masonry Contract, as well as the Labor T&M

Agreement, on or about March 31, 2019, April 30, 2019, May 31, 2019, June 28, 2019,

July 31, 2019 and August 30, 2019, Lexington rendered to Joint Venture requisitions for

payment for the monies owed to Joint Venture pursuant to the Curtain Wall Contract,

Masonry Contract, additional change order work, as well as the Labor T&M Agreement,

in the total amount of $6,287,399.90.

57. Joint Venture received the payment requisitions and did not object to any part or the

whole of the payment requisitions.

58. No part of the balance contained in the payment requisitions have been paid by Joint

Venture.

59. Accordingly, Lexington has stated an account in the amount of $6,287,399.90, and is

entitled to recover from Joint Venture that amount plus interest from March 31, 2019.

AS AND FOR A FOURTH CROSS-CLAIM AGAINST ALL DEFENDANTS AND COUNTERCLAIM AGAINST PLAINTIFF

(Mechanic's Lie

60. Lexington repeats and realleges the allegations contained in paragraphs 1 through 59 as if

fully set forth herein.

61. The professional construction services performed by Lexington in connection with the

construction, renovation and improvement of the Property were performed and furnished

at the request of defendants Joint Venture and VS 125, with the knowledge and consent

of defendants Joint Venture and VS 125, and actually used for the improvement of the

Property with the understanding that there would be payment therefore.

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62. Within eight months after the work performed by Lexington, and on the 22nd day of

May, 2019, Lexington duly filed in the office of the County Clerk of New York County,

the county in which the Properties are situated, a verified Notice Under Mechanic's Lien

writing (the "Lien") with respect to the amount owing in connection with the

improvements made to the Property.

63. On the 22nd day of May, 2019, Lexington caused copies of the Lien to be served upon

VS 125, the record owner of the Property, as well as Joint Venture, the construction

manager, by certified mail.

64. On the 22nd day of May, 2019, pursuant to the New York Lien Law and within the

statutory period after the lien was served, an affidavit with proof of service of the Lien

was filed with the Clerk of the County of New York.

65. Upon information and belief, no person not a party to this action has any interest in, or claim upon, the Property.

66. Lexington seeks to foreclose on the Lien in the sum total of $5,315,975.39.

67. Accordingly, Lexington is entitled to judgment that: (i) it has a valid lien on the Property in the sum total of Five Million Three Hundred Fifteen Thousand Nine Hundred Seventy

Five and 39/100 Dollars ($5,315,975.39), together with interest thereon from May 20,

2019; (ii) plaintiff's and defendants'

interest in the Premises be sold and the proceeds

applied to the payment of Lexington's lien, and interest thereon from May 20, 2019,

together with the costs and disbursements of this action; (iii) Lexington have judgment

for any deficiency remaining; (iv) plaintiff and defendants and all persons claiming under

them to be forever barred and foreclosed of all rights, equity of redemption, or other

interest in the Property.

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WHEREFORE, defendant Lexington requests the following relief:

(1) Against Joint Venture and VS 125, on its first cross-claim, judgment in an amount to be determined at trial but believed to be $6,287,399.90, with applicable interest from March 31, 2019;

(2) Against VS 125, on its second cross-claim, judgment in an amount to be

determined at trial but believed to be $6,287,399.90, with applicable interest from March 31, 2019;

(3) Against Joint Venture, on its third cross-claim, judgment in an amount to be

determined at trial but believed to be $6,287,399.90, with applicable interest from March 31, 2019;

(4) Against all defendants and plaintiff, on its fourth cross-claim and first

counterclaim that: (i) it has a valid lien on the Property in the sum total of Five Million Three Hundred Fifteen Thousand Nine Hundred Seventy Five and 39/100 Dollars ($5,315,975.39), together with interest thereon from May 20, 2019; (ii) plaintiff's and defendants'

interest in the Premises be sold and the proceeds applied to the payment of Lexington's lien, and interest thereon from May 20, 2019, together with the costs and disbursements of this action; (iii) Lexington have judgment for any deficiency remaining; (iv) plaintiff and defendants and all persons claiming under them to be forever barred and foreclosed of all rights, equity of redemption, or other interest in the Property; and

(5) Judgment for such other and further relief as this Court deems just and proper.

Dated: New York, NY

September 30, 2019

RONALD FRANCIS, ESQ.

By: Ronc Frcmels Attorney for Defendant

Lexington Maintenance LLC

30 Broad Street, 37d' Floor

New York, NY 10004

(212) 279-6536

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y_ERIFICATION

STATE OF NEW YORK )

) ss.:

COUNTY OF NEW YORK )

Martin Dooley, being duly sworn hereby deposes and states:

I am a Member of the defendant Lexington Maintêñânce LLC. I have read the foregoing

Answer with Cross-Claims and Counterclaim, and I am familiar with its contents. The

statements contained therein are true to the best of my.knowledge, and as to those statements which are made upon iriformation and belief, I believe them to be true.

GluSEPPEZERILU

,,e‡ª/f"" ,‡‡° " Martin Dooley

Sworn to before ny: this 0 day of Sept nber, 2019

NC RY

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