FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`DENNIS KILKENNY and PATRICIA KILKENNY,
`
`
`
`Index No. 190011/2024
`
`
`
`
`TOSHIBA AMERICA, INC.’S
`ANSWER TO PLAINTIFFS’
`VERIFIED COMPLAINT
`
`
`Plaintiffs,
`
` -
`
` against -
`
`
`AII ACQUISITION, LLC, F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES, INC. F/K/A
`HOLLAND FURNACE COMPANY, et al.
`
`
`Defendants.
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
`
`
`The Defendant TOSHIBA AMERICA, INC., incorrectly pled as “Toshiba America Inc.”,
`
`(hereinafter “TAI” or the “defendant”), by its attorneys, WILSON, ELSER, MOSKOWITZ,
`
`EDELMAN & DICKER, answering the Verified Complaint of the plaintiffs herein, respectfully
`
`alleges upon information and belief:
`
`1.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof.
`
`2.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`3.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
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`1446842v.1
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`4.
`
`To the extent that this paragraph of the Verified Complaint states conclusions of
`
`law, no response is required of the defendant. Otherwise, the defendant has insufficient
`
`knowledge or information upon which to form a belief as to the truth of the allegations contained
`
`in this paragraph of the Verified Complaint and leaves plaintiffs to their proof as the allegations
`
`pertain to this defendant. The remaining allegations contained in this paragraph of the Verified
`
`Complaint, as the allegations pertain to TAI, are denied.
`
`5.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof.
`
`6.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`7.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
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`2
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`2 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`8.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof.
`
`9.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof.
`
`FIRST CAUSE OF ACTION
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`10.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`11.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`12.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`
`
`
`3
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`3 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`13.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`14.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`15.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`16.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`4
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`4 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`17.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph and its subparts a) to h) of the
`
`Verified Complaint and leaves plaintiffs to their proof as the allegations pertain to this defendant.
`
`The remaining allegations contained in this paragraph and its subparts of the Verified Complaint,
`
`as the allegations pertain to TAI, are denied.
`
`18.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`19.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`20.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`21.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`
`
`
`5
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`5 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`22.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`23.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`24.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`25.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`6
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`6 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`26.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`27.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`28.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`29.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`30.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`
`
`
`7
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`7 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`31.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`32.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to this defendant. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`33.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph and its subparts a) through j)
`
`of the Verified Complaint and leaves plaintiffs to their proof as the allegations pertain to other
`
`defendants. The remaining allegations contained in this paragraph and its subparts of the Verified
`
`Complaint, as the allegations pertain to TAI, are denied.
`
`34.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`8
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`8 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`35.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`The paragraph following paragraph 35 is a claim for compensatory and punitive damages
`
`to which a response is not necessary. Notwithstanding, the Defendant denies this paragraph and
`
`demands dismissal and judgment in its favor and any other relief deemed fair and just.
`
`SECOND CAUSATION OF ACTION
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`36.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`37.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph and sub-parts (a) to (m) of the
`
`Verified Complaint and leaves plaintiffs to their proof as the allegations pertain to other
`
`defendants. The remaining allegations contained in this paragraph and subparts (a) to (m) of the
`
`Verified Complaint, as the allegations pertain to TAI, are denied.
`
`
`
`
`9
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`9 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`38.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`39.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`The paragraph following paragraph 39 is a claim for compensatory and punitive damages
`
`to which a response is not necessary. Notwithstanding, the Defendant denies this paragraph and
`
`demands dismissal and judgment in its favor and any other relief deemed fair and just.
`
`THIRD CAUSE OF ACTION
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`40.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`10
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`10 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`41.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`The paragraph following paragraph 41 is a claim for compensatory and punitive damages
`
`to which a response is not necessary. Notwithstanding, the Defendant denies this paragraph and
`
`demands dismissal and judgment in its favor and any other relief deemed fair and just.
`
`FOURTH CAUSE OF ACTION
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`42.
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained with the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`43.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`44.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`
`
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`11
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`11 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`45.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`46.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`47.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`48.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`12
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`12 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`49.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`50.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`51.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`52.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph and its subparts a) through l)
`
`of the Verified Complaint and leaves plaintiffs to their proof as the allegations pertain to other
`
`defendants. The remaining allegations contained in this paragraph and its subparts of the Verified
`
`Complaint, as the allegations pertain to TAI, are denied.
`
`53.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`
`
`
`13
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`13 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`54.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`55.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`56.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`57.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`14
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`14 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/27/2024
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`58.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`59.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`60.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`61.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`62.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`
`
`
`15
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`15 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/27/2024
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`63.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`64.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`65.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`66.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`
`
`
`16
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`16 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/27/2024
`
`67.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`68.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`allegations contained in this paragraph of the Verified Complaint, as the allegations pertain to
`
`TAI, are denied.
`
`The paragraph following paragraph 68 is a claim for compensatory and punitive damages
`
`to which a response is not necessary. Notwithstanding, the Defendant denies this paragraph and
`
`demands dismissal and judgment in its favor and any other relief deemed fair and just.
`
`FIFTH CAUSE OF ACTION
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`69.
`
`The defendant repeats and incorporates each and every response to the allegations
`
`contained within the preceding counts and makes the same a part hereof as if set forth herein at
`
`length.
`
`70.
`
`The defendant has insufficient knowledge or information upon which to form a
`
`belief as to the truth of the allegations contained in this paragraph of the Verified Complaint and
`
`leaves plaintiffs to their proof as the allegations pertain to other defendants. The remaining
`
`
`
`
`17
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`17 of 34
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`FILED: NEW YORK COUNTY CLERK 02/27/2024 02:49 PM
`NYSCEF