`NYSCEF DOC. NO. 77
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/29/2024
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`
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`
`
`
`
`
`
`-against-
`
`Plaintiffs,
`
`
`
`
`Index No.: 190011/2024
`
`
`
`VERIFIED ANSWER TO
`VERIFIED COMPLAINT AND
`FIFTH AMENDED VERIFIED
`COMPLAINT
`
`SUPREME COURT OF THE STATE OF
`NEW YORK
`COUNTY OF NEW YORK
`
`DENNIS KILKENNY and PATRICIA
`KILKENNY,
`
`
`
`
`
`AII ACQUISITION, LLC, F/K/A AII
`ACQUISITION CORP., F/K/A ATHLONE
`INDUSTRIES, INC., F/K/A HOLLAND
`FURNACE COMPANY, ET AL.,
`
`
`
`
`Defendants,
`
`
`Defendant, EMERSON RADIO CORP., by its attorneys The Cook Group, PLLC,
`
`answering Plaintiffs’ Summons, Verified Complaint, and Fifth Amended Verified Complaint, and
`
`in this action, hereby states upon information and belief as follows:
`
`
`
`1.
`
`Defendant, EMERSON RADIO CORP., denies any knowledge or information
`
`sufficient to form a belief as to the truth of the allegations in Paragraph “1” of the Plaintiffs’
`
`Verified Complaint.
`
`
`
`2.
`
`Defendant, EMERSON RADIO CORP., denies the allegations in Paragraph “2”
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`related to the alleged commission of tortious acts and/or acts giving rise to injuries and losses and
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`denies knowledge or information sufficient to form a belief as to the truth of the remaining
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`allegations. EMERSON RADIO CORP. denies knowledge or information sufficient to form a
`
`belief as to the truth of allegations contained in this paragraph pertaining to the remaining
`
`Defendants.
`
`
`
`3.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “3” of the Plaintiffs’ Verified Complaint as it pertains to this answering
`
`{C0234159.1}
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`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
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`
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`4.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “4” of the Plaintiffs’ Verified Complaint as it pertains to this answering
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`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
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`
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`5.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “5” of the Plaintiffs’ Verified Complaint as it pertains to this answering
`
`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
`
`
`
`6.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
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`contained in Paragraph “6” of the Plaintiffs’ Verified Complaint as it pertains to this answering
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`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
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`7.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
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`contained in Paragraph “7” of the Plaintiffs’ Verified Complaint as it pertains to this answering
`
`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
`
`{C0234159.1}
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`8.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “8” of the Plaintiffs’ Verified Complaint as it pertains to this answering
`
`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
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`9.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “9” of the Plaintiffs’ Verified Complaint as it pertains to this answering
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`defendant, and refers all questions of law to this Court for determination at time of trial, and denies
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`any knowledge or information sufficient to form a belief as to the truth of the allegations contained
`
`in the aforesaid paragraph as it pertains to the remaining defendants in the Verified Complaint.
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`AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
`
`
`
`10.
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`Defendant, EMERSON RADIO CORP., herein repeats, reiterates, and re-alleges
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`each and every answer heretofore made to Paragraphs “1” through “9” of Plaintiffs’ Verified
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`Complaint as if set forth in full herein.
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`11.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
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`contained in Paragraph “10” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`12.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
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`contained in Paragraph “11” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`{C0234159.1}
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`13.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “12” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`14.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “13” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
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`15.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “14” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`16.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “15” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`
`
`17.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “16” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`{C0234159.1}
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`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`18.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “17,” “17(a),” “17(b),” “17(c),” “17(d),” “17(e),” “17(f),” 17(g),” and
`
`“17(h)” of the Plaintiffs’ Verified Complaint insofar as it pertains to the answering defendant and
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`denies any knowledge or information sufficient to form a belief as to each and every allegation
`
`contained in the aforesaid paragraph as it pertains to the remaining defendants in the Verified
`
`Complaint.
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`19.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “18” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
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`20.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “19” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`21.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “20” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`{C0234159.1}
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`5
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`5 of 35
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`22.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “21” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`23.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “22” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
`
`24.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “23” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`25.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “24” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`26.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “25” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`{C0234159.1}
`
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`6
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`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`27.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “26” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`28.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “27” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`29.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “28” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`30.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “29” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`{C0234159.1}
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`7
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`7 of 35
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`31.
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`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “30” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`32.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “31” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
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`33.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “32” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
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`34.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
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`contained in Paragraph “33,” “33(a),” “33(b),” “33(c),” “33(d),” “33(e),” “33(f),” “33(g),”
`
`“33(h),” “33(i),” and “33(j)” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
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`defendants in the Verified Complaint.
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`35.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “34” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`{C0234159.1}
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`8
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`8 of 35
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`RECEIVED NYSCEF: 03/29/2024
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`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`36.
`
`Defendant, EMERSON RADIO CORP., denies each and every allegation
`
`contained in Paragraph “35” of the Plaintiffs’ Verified Complaint insofar as it pertains to the
`
`answering defendant and denies any knowledge or information sufficient to form a belief as to
`
`each and every allegation contained in the aforesaid paragraph as it pertains to the remaining
`
`defendants in the Verified Complaint.
`
`WHEREFORE, Defendant, EMERSON RADIO CORP., denies it is liable for any
`
`damages, compensatory, punitive or otherwise.
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`AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
`
`37.
`
`EMERSON RADIO CORP., repeats, reiterates, and re-alleges each and every
`
`answer heretofore made to Paragraphs “1” through “35,” inclusive, of Plaintiffs’ Verified
`
`Complaint, as if set forth in full herein.
`
`38.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “36”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`39.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “37”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
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`40.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “38”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`{C0234159.1}
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`9 of 35
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`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
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`41.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “39”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`WHEREFORE, Defendant, EMERSON RADIO CORP., denies it is liable for any
`
`damages, compensatory, punitive or otherwise.
`
`AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
`
`42.
`
`EMERSON RADIO CORP., herein repeats, reiterates, and re-alleges each and
`
`every answer heretofore made to Paragraphs “1” through “39,” inclusive, of Plaintiffs’ Verified
`
`Complaint, as if set forth in full herein.
`
`43.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “40”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`44.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “41”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`WHEREFORE, Defendant, EMERSON RADIO CORP., denies it is liable for any
`
`damages, compensatory, punitive or otherwise.
`
`{C0234159.1}
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`AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
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`45.
`
`EMERSON RADIO CORP., herein repeats, reiterates, and re-alleges each and
`
`every answer heretofore made to Paragraphs “1” through “41,” inclusive, of Plaintiffs’ Verified
`
`Complaint as if set forth in full herein.
`
`46.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “43”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`47. EMERSON RADIO CORP. denies the allegations contained in Paragraph “44”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`48. EMERSON RADIO CORP. denies the allegations contained in Paragraph “45”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`49. EMERSON RADIO CORP. denies the allegations contained in Paragraph “46”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`50. EMERSON RADIO CORP. denies the allegations contained in Paragraph “47”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`{C0234159.1}
`
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`11
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`51. EMERSON RADIO CORP. denies the allegations contained in Paragraph “48”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`52. EMERSON RADIO CORP. denies the allegations contained in Paragraph “49”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`53. EMERSON RADIO CORP. denies the allegations contained in Paragraph “50”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`54. EMERSON RADIO CORP. denies the allegations contained in Paragraph “51”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`55. EMERSON RADIO CORP. denies the allegations contained in Paragraph “52,”
`
`52(a),” “52(b),” “52(c),” “52(d),” “52(e),” “52(f),” “52(g),” “52(h),” “52(i),” “52(j),” “52(k),” and
`
`“52(l)” of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`56. EMERSON RADIO CORP. denies the allegations contained in Paragraph “53”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`{C0234159.1}
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`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`57. EMERSON RADIO CORP. denies the allegations contained in Paragraph “54”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`58. EMERSON RADIO CORP. denies the allegations contained in Paragraph “55”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`59. EMERSON RADIO CORP. denies the allegations contained in Paragraph “56”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`60. EMERSON RADIO CORP. denies the allegations contained in Paragraph “57”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`61. EMERSON RADIO CORP. denies the allegations contained in Paragraph “58”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`{C0234159.1}
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`13
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`NYSCEF DOC. NO. 77
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/29/2024
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`
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`62. EMERSON RADIO CORP. denies the allegations contained in Paragraph “59”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`63. EMERSON RADIO CORP. denies the allegations contained in Paragraph “60”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`64. EMERSON RADIO CORP. denies the allegations contained in Paragraph “61”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`65. EMERSON RADIO CORP. denies the allegations contained in Paragraph “62”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`66. EMERSON RADIO CORP. denies the allegations contained in Paragraph “63”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`67. EMERSON RADIO CORP. denies the allegations contained in Paragraph “64”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`{C0234159.1}
`
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`14
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`FILED: NEW YORK COUNTY CLERK 03/29/2024 09:38 AM
`NYSCEF DOC. NO. 77
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/29/2024
`
`
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`68. EMERSON RADIO CORP. denies the allegations contained in Paragraph “65”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`69. EMERSON RADIO CORP. denies the allegations contained in Paragraph “66”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`70. EMERSON RADIO CORP. denies the allegations contained in Paragraph “67”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`71. EMERSON RADIO CORP. denies the allegations contained in Paragraph “68”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`WHEREFORE, Defendant, EMERSON RADIO CORP., denies it is liable for any
`
`damages, compensatory, punitive or otherwise.
`
`AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
`
`72.
`
`EMERSON RADIO CORP., herein repeats, reiterates, and re-alleges each and
`
`every answer heretofore made to Paragraphs “1” through “68,” inclusive, of Plaintiffs’ Verified
`
`Complaint as if set forth in full herein.
`
`{C0234159.1}
`
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`15
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`FILED: NEW YORK COUNTY CLERK 03/29/2024 09:38 AM
`NYSCEF DOC. NO. 77
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/29/2024
`
`
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`73.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “70”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`74.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “71”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`75.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “72”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or information sufficient to form a belief as to
`
`the truth of allegations contained in this paragraph pertaining to the remaining Defendants.
`
`76.
`
`EMERSON RADIO CORP. denies the allegations contained in Paragraph “73”
`
`of the Plaintiffs’ Verified Complaint pertaining to EMERSON RADIO CORP., refers all
`
`question of law to the Court, and denies knowledge or in