`NYSCEF DOC. NO. 8
`
`INDEX NO. 127226-2020
`
`RECEIVED NYSCEF: 08/10/2020
`
`202008100016
`
`Index # : 127226-2020
`
`SUPREME COURT
`COUNTY OF ONTARIO STATE OF NEW YORK
`
`ROUTE 96 PROPERTIES, LLC.,
`
`vs.
`
`ADVENTURES IN MOVEMENT AND
`SENSATION, INC., and
`MARK KLYCZEK,
`
`Plaintiff,
`
`Index No.: 127226-2020
`
`Defendants.
`
`VERIFIED ANSWER
`
`Defendants by and through their attorney, Kenyon & Kenyon, Edward C. Kenyon, Esq.,
`of counsel, in answer to the allegations set forth in Plaintiff’s Complaint, respectfully allege:
`
`1. Admits the allegations set forth in the following paragraphs of Plaintiff’s complaint:2, 4,
`5,6,7,and8
`
`2. Denies the allegations set forth in the following paragraphs of Plaintiff’s complaint: 3, 9,
`10, 11, 12, 13, 14, 16, 17, 18, 19, 21, 22, 23, 24, 26, 27, 28, 29, 30 and3l.
`
`3. Lacks information and knowledge as to the truth or accuracy of the allegations set forth
`in paragraphs 1, 15, 20, 25 and 28 of Plaintiff’s complaint and therefore denies same.
`
`4. Denies each and every other allegation set forth in Plaintiff’s complaint not heretofore
`admitted or denied.
`
`As and For A First Affirmative Defense
`
`5. Defendant Adventures in Movement and Sensation, Inc. was not properly served the
`Summons and Complaint in this matter.
`
`6. Service of the Summons and Complaint was not made upon any of the specified
`individuals or agents described in NYS CPLR §311 (a)(l).
`
`7. Upon information and belief, Service of the Summons and Complaint was not made
`pursuant to NYS BCL § 306 or §307.
`
`8. Therefore, this Court lacks jurisdiction over Defendant Adventures in Movement and
`Sensation, Inc.
`
`As and For A Second Affirmative Defense
`
`9. Defendant Mark Klyczek is a resident of the Commonwealth of Virginia.
`
`1 of 3
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`
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`202008100016
`
`FILED: ONTARIO COUNTY CLERK 08/10/2020 08:58 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 127226-2020
`Index #: 127226-2020
`
`RECEIVED NYSCEF: 08/10/2020
`
`10. Service of the Summons and Complaint was not made upon Defendant Mark Klyczek,
`personally.
`
`11. Service of the Summons and Complaint was not made upon a person of suitable age and
`discretion within the State of New York.
`
`12. Upon information and belief, Service of the Summons and Complaint was not made
`pursuant to any of the provisions of NYS CPLR §308.
`
`13. Upon information and belief, the provisions of NYS CPLR §313 were not followed in
`effectuating Service upon Defendant Mark Klyczek.
`
`As the Defendants are Answering, alleging lack ofjurisdiction over the Defendants, the filing
`of this Answer is not intended, in any fashion, to admit to jurisdiction over the Defendants, or to
`impose jurisdiction thereon.
`
`Wherefore, Defendants demand judgment dismissing Plaintiff’s comjTint together with the
`costs and disbursements of Defendants and such other and further 1a,/the Court deems just
`and proper.
`
`Dated:
`
`Kenyon, Esq.
`Attorny for Defendant
`Kenyon & Kenyon
`11 North Street
`Canandaigua, New York 14424
`Phone: (585) 394-2068
`Fax: (585) 394-5227
`Russ(kenyonandkenyon1aw.com
`
`2 of 3
`
`
`
`202008100016
`
`FILED: ONTARIO COUNTY CLERK 08/10/2020 08:58 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 127226-2020
`Index #: 127226-2020
`
`RECEIVED NYSCEF: 08/10/2020
`
`VERIFICATION
`
`Mark Klyczek, being duly sworn deposes and says that he is the natural person Defendant in the
`above entitled action, and he is the President of the corporate Defendant, that he has read the
`foregoing Complaint and that the same is true as to his knowledge, except as to those matters
`alleged upon information and belief, and as to those matters he believes them to be true.
`
`Mark Klyczek
`
`Adventures in Movement and
`Sensation, Inc.
`
`Mark Klyczek, President
`
`Sworn to before me this
`, day ofO& ,2020.
`
`Notary Public
`
`iQLX1
`
`3 of 3
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`
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