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Page 1 08-CV 0540 (DC)
ANSWER
Plaintiffs,
-againstAUL SHEET METAL WORKS INC., and
YVES JEROME, as an individual,
Defendants.
---------------------------------------------------------------------X
Defendants, AUL Sheet Metal Works, Inc. and Yves Jerome (collectively referred to as
“AUL”), by their attorneys, Rivelis, Pawa & Blum, LLP, answer the Complaint (the
“Complaint”) as follows:
1.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs 1, 2, and 3 of the Complaint.
2.
Admit the allegations in paragraph 4 of the complaint.
3.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs 5 and 6 of the Complaint.
4.
Admit the allegations set forth in paragraph 7 of the Complaint.
5.
Deny the allegations set forth in paragraphs 8, 9, 10, 11, 12 and 13 of the
Complaint, and refer to any contracts entered into as alleged.Page 2 Deny knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraphs 14, 15 and 16 of the Complaint.
7.
Deny the allegations set forth in paragraph 17 of the Complaint, except admit that
Yves Jerome is a principal of AUL.
8.
Deny the allegations set forth in paragraph 18 of the Complaint, except admit that
Yves Jerome is a principal of AUL.
9.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraph 19 of the Complaint.
AS AND FOR A RESPONSE
TO THE FIRST CLAIM FOR RELIEF
10.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 20
of the Complaint.
11.
Deny the allegations set forth in paragraph 21 of the Complaint.
AS AND FOR A RESPONSE
TO THE SECOND CLAIM FOR RELIEF
12.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 22
of the Complaint.
13.
Deny the allegations set forth in paragraph 23 of the Complaint.
AS AND FOR A RESPONSE
TO THE THIRD CLAIM FOR RELIEF
14.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 24
of the Complaint.
15.
Deny the allegations set forth in paragraph 25 of the Complaint.
AS AND FOR A RESPONSE
TO THE FOURTH CLAIM FOR RELIEF
2Page 3 Repeat and reallege the responses to the paragraphs incorporated in paragraph 26
of the Complaint.
17.
Deny the allegations set forth in paragraph 27 of the Complaint.
AS AND FOR A RESPONSE
TO THE FIFTH CLAIM FOR RELIEF
18.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 28
of the Complaint.
19.
Deny the allegations set forth in paragraph 29 of the Complaint.
AS AND FOR A RESPONSE
TO THE SIXTH CLAIM FOR RELIEF
20.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 30
of the Complaint.
21.
Deny the allegations set forth in paragraphs 31 and 32 of the Complaint.
AS AND FOR A RESPONSE
TO THE SEVENTH CLAIM FOR RELIEF
22.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 33
of the Complaint.
23.
Deny the allegations set forth in paragraphs 34, 35 and 36 of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
24.
Defendants dispute that they are subject to any contracts or Agreements identified
in the Complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
25.
The Complaint fails to state a cause of action upon which relief can be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
3Page 4 Defendants dispute Plaintiffs’ claims, inasmuch as all sums due have been paid.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
27.
Plaintiffs’ claims include requests for payments for which Defendants have no
responsibility or liability.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
28.
Plaintiffs’ claims are barred by the doctrine of Res Judicata and Collateral
Estoppel.
WHEREFORE, defendants AUL and Jerome seek judgment against Plaintiffs
dismissing the Complaint in its entirety, and such further relief as the Court deems just and
proper.
Dated: New York, New York
February 11, 2008
RIVELIS, PAWA & BLUM, LLP
By: _____________/S/________________
Howard Blum, Esq. (HB-7052)
Attorneys for Defendants
AUL Sheet Metal Works, Inc. and
Yves Jerome
286 Madison Avenue, 14th Floor
New York, New York 10017
(212) 557-3000
To:
Jeffrey S. Dubin (JD-0446)
Attorney for Plaintiffs
464 New York Avenue, Suite 100
Huntington, NY 11743
4Page 5 Case 1:08-cv-00540-DC Document5 ~ Filed 02/15/2008 Page5of5
PDF Page 1
PlainSite Cover Page
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Case 1:08-cv-00540-DC
Document 5
Filed 02/15/2008
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------X
SHEET METAL WORKERS’ NATIONAL PENSION
FUND; NATIONAL ENERGY MANAGEMENT
INSTITUTE COMMITTEE FOR THE SHEET METAL
AND AIR CONDITIONING INDUSTRY; SHEET METAL
OCCUPATIONAL HEALTH INSTITUTE TRUST;
INTERNATIONAL TRAINING INSTITUTE FOR THE
SHEET METAL AND AIR CONDITIONING INDUSTRY;
and NATIONAL STABILIZATION AGREEMENT OF THE
SHEET METAL INDUSTRY FUND,
Page 1 of 5
08-CV 0540 (DC)
ANSWER
Plaintiffs,
-againstAUL SHEET METAL WORKS INC., and
YVES JEROME, as an individual,
Defendants.
---------------------------------------------------------------------X
Defendants, AUL Sheet Metal Works, Inc. and Yves Jerome (collectively referred to as
“AUL”), by their attorneys, Rivelis, Pawa & Blum, LLP, answer the Complaint (the
“Complaint”) as follows:
1.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs 1, 2, and 3 of the Complaint.
2.
Admit the allegations in paragraph 4 of the complaint.
3.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs 5 and 6 of the Complaint.
4.
Admit the allegations set forth in paragraph 7 of the Complaint.
5.
Deny the allegations set forth in paragraphs 8, 9, 10, 11, 12 and 13 of the
Complaint, and refer to any contracts entered into as alleged.
PDF Page 3
Case 1:08-cv-00540-DC
6.
Document 5
Filed 02/15/2008
Page 2 of 5
Deny knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in paragraphs 14, 15 and 16 of the Complaint.
7.
Deny the allegations set forth in paragraph 17 of the Complaint, except admit that
Yves Jerome is a principal of AUL.
8.
Deny the allegations set forth in paragraph 18 of the Complaint, except admit that
Yves Jerome is a principal of AUL.
9.
Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraph 19 of the Complaint.
AS AND FOR A RESPONSE
TO THE FIRST CLAIM FOR RELIEF
10.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 20
of the Complaint.
11.
Deny the allegations set forth in paragraph 21 of the Complaint.
AS AND FOR A RESPONSE
TO THE SECOND CLAIM FOR RELIEF
12.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 22
of the Complaint.
13.
Deny the allegations set forth in paragraph 23 of the Complaint.
AS AND FOR A RESPONSE
TO THE THIRD CLAIM FOR RELIEF
14.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 24
of the Complaint.
15.
Deny the allegations set forth in paragraph 25 of the Complaint.
AS AND FOR A RESPONSE
TO THE FOURTH CLAIM FOR RELIEF
2
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Case 1:08-cv-00540-DC
16.
Document 5
Filed 02/15/2008
Page 3 of 5
Repeat and reallege the responses to the paragraphs incorporated in paragraph 26
of the Complaint.
17.
Deny the allegations set forth in paragraph 27 of the Complaint.
AS AND FOR A RESPONSE
TO THE FIFTH CLAIM FOR RELIEF
18.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 28
of the Complaint.
19.
Deny the allegations set forth in paragraph 29 of the Complaint.
AS AND FOR A RESPONSE
TO THE SIXTH CLAIM FOR RELIEF
20.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 30
of the Complaint.
21.
Deny the allegations set forth in paragraphs 31 and 32 of the Complaint.
AS AND FOR A RESPONSE
TO THE SEVENTH CLAIM FOR RELIEF
22.
Repeat and reallege the responses to the paragraphs incorporated in paragraph 33
of the Complaint.
23.
Deny the allegations set forth in paragraphs 34, 35 and 36 of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
24.
Defendants dispute that they are subject to any contracts or Agreements identified
in the Complaint.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
25.
The Complaint fails to state a cause of action upon which relief can be granted.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
3
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Case 1:08-cv-00540-DC
26.
Document 5
Filed 02/15/2008
Page 4 of 5
Defendants dispute Plaintiffs’ claims, inasmuch as all sums due have been paid.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
27.
Plaintiffs’ claims include requests for payments for which Defendants have no
responsibility or liability.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
28.
Plaintiffs’ claims are barred by the doctrine of Res Judicata and Collateral
Estoppel.
WHEREFORE, defendants AUL and Jerome seek judgment against Plaintiffs
dismissing the Complaint in its entirety, and such further relief as the Court deems just and
proper.
Dated: New York, New York
February 11, 2008
RIVELIS, PAWA & BLUM, LLP
By: _____________/S/________________
Howard Blum, Esq. (HB-7052)
Attorneys for Defendants
AUL Sheet Metal Works, Inc. and
Yves Jerome
286 Madison Avenue, 14th Floor
New York, New York 10017
(212) 557-3000
To:
Jeffrey S. Dubin (JD-0446)
Attorney for Plaintiffs
464 New York Avenue, Suite 100
Huntington, NY 11743
4
PDF Page 6
Case 1:08-cv-00540-DC Document5 ~ Filed 02/15/2008 Page5of5
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