BELKIN BURDEN WENIG & GOLDMAN, LLP Joshua G.

Losardo (JGL 2976) Attorneys for Board of Managers of Oceana Condominium No. Two and Condominium Defendants 270 Madison Avenue New York, New York 10016 (212) 867-4466 UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK In re: ELENA SVENSON Debtor. UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF NEW YORK MICHAEL KRICHEVSKY, Plaintiff, -againstELENA SVENSON, BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO, INTERNAL REVENUE SERVICE, INC., VICTORIA EDELSTEIN, DDS, BORIS KOTLYAR, COOPER SQUARE REALTY, INC., LANA KAPLUN, FARID BADALOV, BORIS MEYDID, JOT-IN DOE AND JANE JOHNS. Defendants. ANSWER WITH AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT BY MICHAEL KRICHEVSKY Defendant Board of Managers of Oceana Condominium No. Two (the "Board of Managers") and Defendants Cooper Square Realty, Inc., Lana Kaplun, Farid Badalov and Boris Meydid (the "Condominium Defendants"), by their attorneys Belkin Burden Wenig & Goldman, Adv. Proceeding: 12-01229-ess Chapter 7 Case No. 12-43050-ess

LLP, as and for its answer to the amended complaint (the "Complaint") filed by Plaintiff Michael Krichevsky ("Plaintiff'), alleges upon information and belief as follows: Denies knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs "1" and "2" of the Complaint. 2. Admits the allegation included in paragraph "3" that the Board of Managers

conducts business in Brooklyn, New York, but the Board of Managers and the Condominium Defendants deny committing torts against Plaintiff or Plaintiff's property. 3. 4. Admits the allegations contained in paragraph "4" of the Complaint. Denies knowledge or information sufficient to form a belief as to the truth
, "

of each and every allegation contained in paragraphs "5", 466", "711 and respectfully refers all questions of law to the Court. 5.

8" and "9" of the Complaint,

Denies knowledge or information sufficient to form a belief as to the truth

44

of each and every allegation contained in paragraphs "10," 66 11," "12," "13," "14," 46 15," 16," 1 7," 46 18," 44 19," 20," "2l," 6422," ''23,''
' 4

4426," 27," ''28," 4429," 30," 31," ''32,"

' 6 Q4

"33," 4634," 35," 643693

' 6

'

44

37," 4638," 6639,''

'

"41,"

''43," ''44,'' 44 45," 44 46," ''47," 48,"

' 4

44

49," 64 50," c 4 5 1," 46 52," 4453,'' 4654 , 17 ''55,1 ''56," ''57,''

65," "66," "67,"

''59,''

"61,"

44

"70," "71 ,"

"73" and

of the Complaint.

6.

Denies each and every allegation contained in paragraph "75" that asserts

that any of the Board of Managers' or Condominium Defendants' actions were willful, wanton and negligent and give rise to punitive damages. 7. Denies knowledge or information sufficient to form a belief as to the truth

of each and every allegation contained in paragraphs "76," "77," "78" and "79" of the Complaint. -2-

8.

Denies each and every allegation contained in paragraphs "80" and "81"

that asserts that any of the Board of Managers' or Condominium Defendants' actions were willful, wanton and malicious and give rise to punitive damages. 9. Denies each and every allegation contained in paragraphs "82," "83," 46 84,"

"85," "86" and "87" of the Complaint.

10.

Denies knowledge or information sufficient to form a belief as to the truth

of each and every allegation contained in paragraphs "88," "89," "90," "91" and "92" of the Complaint. 11. Denies knowledge or information sufficient to form a belief as to the truth

of each and every allegation contained in paragraphs "93," "94," "95," "96," "97" and "98" of the Complaint. 12. Denies knowledge or information sufficient to form a belief as to the truth

of each and every allegation contained in paragraphs "99," "100," "101," "102" and "103" of the Complaint. 13. Denies each and every allegation contained in paragraph 104 that asserts

that any of the Board of Managers' actions have "made partition appropriate and necessary." 14. Denies knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs "105" and "106." 15. Denies knowledge or information sufficient to form a belief as to the truth
"1 1 1

of each and every allegation contained in paragraphs "107," "108," "109," 4110" , "114," Q115, 91 "1
44

ill, ""112,"

126," 44 127," 44 128," "129, 44 130," 64 131,'9

44 133," 134," 44 135," "136," "137" and "138"

of the Complaint. -3-

16.

Denies each and every allegation contained in paragraphs "139," "140,"

"141," "142" and "143" of the Complaint. 17. Denies knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs "144," "145," 44 146," "147," "148" and "149" of the Complaint. 18. Denies each and every allegation contained in paragraphs "150," "151,"

"155,5
"163, 1 '164," 4 '165,7
' 4 ' ''

'

"

156,''

c4

157,11

4 158,1

'

''

161,''

166," ' 4 167," '4 168," ''169," ''170," 44 171, " ''172," 44 173," ''174,"
Q6

'6 176," '4 177," 44 178," ''179," ''180," '4181 ,'' ' 4 182," 44 183," ''184," 185,""186," ' 4 187,"
4

&188," 46 189," "190" and "191" of the Complaint, except that the Board of Managers admits

commencing a common charge lien foreclosure action by the filing of a Summons and Verified Complaint and Notice of Pendency in the action, Board of Managers of Oceana Condominium No. Two v. Michael Krichevsky, Elena Svenson, et. al., Supreme Court, Kings County, Index No. 6636/2012. (A copy of the Summons and Verified Complaint is attached as Exhibit A; a copy of the Notice of Pendency is attached as Exhibit B.) 19. Denies knowledge or information sufficient to form a belief as to the truth

of each and every allegation contained in paragraphs "192," 64 193," "194," "195," "196" and
4

'197," "198" and "199" of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT 20. Plaintiff has failed to state a claim upon which relief may be granted and is

dismissible pursuant to Fed. R. Civ. P. 12(b)(6).

me

AS AND FOR A SECOND AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT 21. The Board of Managers possesses a valid common charge lien against the

condominium unit at issue in this action. Elena Svenson, the debtor ("Debtor") and Plaintiff are the owners in fee of 120 Oceana Drive, Unit 1 5-D, Brooklyn, NY (the "Unit") and, as such, are jointly and individually liable for the Unit's common charges; and Pursuant to Article V, Section 4 of the Condominium's By-Laws, common charges are payable in installments on the first day of each month; and Pursuant to Article V, Sections 6 and 7 of the Condominium's By-Laws, the Board of Managers has the right and obligation to file liens for unpaid common charges and to institute any and all other actions or proceedings deemed necessary or desirable to recover unpaid common charges. Any action to recover .a money judgment for unpaid common charges can be maintained without foreclosing or waiving a lien for unpaid common charges; and Pursuant to Article V, Section 6 of the Condominium's By-Laws and/or Board Resolution, in the event a unit owner fails to promptly pay common charges, Board of Managers is entitled to charge the delinquent unit owner late charges; and On or about December 23, 2007, Debtor and Plaintiff defaulted in their obligation to pay common charges due pursuant to the Condominium By Laws. 22. On August 10, 2009, a Notice Under the Condominium Act for Unpaid

Common Charges was recorded based upon the non-payment of common charges. (A copy of the Common Charge Lien is attached as Exhibit C.) 23. On December 23, 2011, a Verified Notice of Lien was recorded based upon

the continued non-payment of common charges. (A copy of the Verified Notice of Lien is attached as Exhibit D.)

-5-

24.

On or about December 23, 2011, Board of Managers filed a Continuing

Lien for Unpaid Common Charges against the Unit in the amount of $44,145.92 with the Office of the City Register, which lien was recorded on January 11, 2012 in CRFN 2012000012722. 25. On March 27, 2012, the Board of Managers commenced its common charge

lien foreclosure action. (A copy of the affidavit of service of the Summons and Verified Complaint on Plaintiff is attached as Exhibit E.) AS AND FOR A THIRD AFFIRMATIVE DEFENSE TO THE AMENDED COMPLAINT 26. The Board of Managers has a defense based upon documentary evidence. CONCLUSION WHEREFORE, the Board of Managers and the Condominium Defendants respectfully request: (a) dismissal of the Complaint in its entirety; and (b) an award of such other and further relief that this Court deems just and appropriate. Yours, etc. Dated: August 30, 2012 New York, New York BELKIN BURDEN WENIG & GOLDMAN, LLP Attorneys for Board of Managers of Oceana Condominium No. Two and Condominium Defendants 270 Madison Avenue New York, New York 10016 (212) 867-4466

By: /s/ Joshua G. Losardo Joshua G. Losardo

INI

TO: Michael Krichevsky 4221 Atlantic Avenue Brooklyn NY 11224 Lana Laplun 120 Oceana Drive West Brooklyn, NY 11235 U.S. Bankruptcy Court 271 Cadman Plz E, Suite 1595 Brooklyn, NY 11201-1800 United States Trustee 271 Cadman Plaza East Suite 4529 1 Brooklyn, NY 11201 Elena Svenson 2620 Ocean Parkway, Apt. 3K Brooklyn, NY 11235

-7-

J LOS ARDO/9166.001 1/1007787

Exhibit A