Preview
FILED: NEW YORK COUNTY CLERK 03/19/2024 06:49 PM INDEX NO. 651270/2021
NYSCEF DOC. NO. 268 RECEIVED NYSCEF: 03/19/2024
EXHIBIT 3
FILED: NEW YORK COUNTY CLERK 03/19/2024
10/10/2022 06:49
07:42 PM INDEX NO. 651270/2021
NYSCEF DOC. NO. 268
130 RECEIVED NYSCEF: 03/19/2024
10/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SARAH STERNKLAR, individually and Index No. 651270/2021
derivatively on behalf of nominal defendant
STERNKLAR FAMILY FOUNDATION, INC.,
ANSWER
Plaintiff,
-against-
CINDY STERNKLAR-WORENKLEIN, MARK
STERNKLAR,
Defendants,
-and-
STERNKLAR FAMILY FOUNDATION, INC.,
Nominal Defendant.
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Nominal defendant STERNKLAR FAMILY FOUNDATION, INC. (the “Foundation”),
by its attorneys, Robert & Robert PLLC, as and for its Answer to the Amended Complaint of
Plaintiff SARAH STERNKLAR, individually and derivatively on behalf of the Foundation
(“Plaintiff”) dated August 15, 2022 (NYSCEF No. 120) (the “Complaint”), to the extent necessary,
states the following upon information and belief:
AS AND FOR A RESPONSE TO PRELIMINARY STATEMENT
1. The allegations in paragraph 1 of the Complaint state the relief sought by the
Plaintiff against parties other than the Foundation, to which no response is required; to the extent
a response is required, the Foundation neither admits nor denies the allegations in paragraph 1, and
states that it is incumbent upon Plaintiff to prove such allegations.
2. The allegations in paragraph 2 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 2, and states that it is
incumbent upon Plaintiff to prove such allegations.
3. The allegations in paragraph 3 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 3, and states that it is
incumbent upon Plaintiff to prove such allegations.
4. The allegations in paragraph 4 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 4, and states that it is
incumbent upon Plaintiff to prove such allegations.
5. The allegations in paragraph 5 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 5, and states that it is
incumbent upon Plaintiff to prove such allegations.
6. The allegations in paragraph 6 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
6, and states that it is incumbent upon Plaintiff to prove such allegations.
7. The allegations in paragraph 7 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 7, and states that it is
incumbent upon Plaintiff to prove such allegations.
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8. The allegations in paragraph 8 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 8, and states that it is
incumbent upon Plaintiff to prove such allegations.
9. The allegations in paragraph 9 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
9, and states that it is incumbent upon Plaintiff to prove such allegations.
10. The allegations in paragraph 10 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 10, and states that it is
incumbent upon Plaintiff to prove such allegations.
11. The allegations in paragraph 11 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 11, and states that it is
incumbent upon Plaintiff to prove such allegations.
12. The allegations in paragraph 12 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 12, and states that it is
incumbent upon Plaintiff to prove such allegations.
13. The allegations in paragraph 13 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
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extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
13, and states that it is incumbent upon Plaintiff to prove such allegations.
14. The allegations in paragraph 14 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 14, and states that it is incumbent
upon Plaintiff to prove such allegations.
15. The allegations in paragraph 15 of the Complaint are directed to parties other than
the Foundation and state a legal conclusion, to which no response is required; to the extent a
response is required, the Foundation neither admits nor denies the allegations in paragraph 15, and
states that it is incumbent upon Plaintiff to prove such allegations.
16. The allegations in paragraph 16 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 16, and states that it is incumbent
upon Plaintiff to prove such allegations.
17. The allegations in paragraph 17 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 17, and states that it is
incumbent upon Plaintiff to prove such allegations.
AS AND FOR A RESPONSE TO THE PARTIES
18. The Foundation neither admits nor denies the allegations in paragraph 18 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
19. The Foundation neither admits nor denies the allegations in paragraph 19 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
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20. The Foundation neither admits nor denies the allegations in paragraph 20 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
21. The Foundation neither admits nor denies the allegations in paragraph 21 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
AS AND FOR A RESPONSE TO THE FACT ALLEGATIONS
22. The allegations in paragraph 22 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 22, and states that it is
incumbent upon Plaintiff to prove such allegations.
23. The allegations in paragraph 23 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 23, and states that it is
incumbent upon Plaintiff to prove such allegations.
24. The allegations in paragraph 24 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 24, and states that it is
incumbent upon Plaintiff to prove such allegations.
25. The allegations in paragraph 25 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 25, and states that it is incumbent
upon Plaintiff to prove such allegations.
26. The allegations in paragraph 26 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
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Foundation neither admits nor denies the allegations in paragraph 26, and states that it is incumbent
upon Plaintiff to prove such allegations.
27. The allegations in paragraph 27 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 27, and states that it is
incumbent upon Plaintiff to prove such allegations.
28. The allegations in paragraph 28 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 28, and states that it is
incumbent upon Plaintiff to prove such allegations.
29. The allegations in paragraph 29 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 29, and states that it is
incumbent upon Plaintiff to prove such allegations.
30. The allegations in paragraph 30 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
30, and states that it is incumbent upon Plaintiff to prove such allegations.
31. The allegations in paragraph 31 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
31, and states that it is incumbent upon Plaintiff to prove such allegations.
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32. The allegations in paragraph 32 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 32, and states that it is
incumbent upon Plaintiff to prove such allegations.
33. The allegations in paragraph 33 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 33, and states that it is
incumbent upon Plaintiff to prove such allegations.
34. The allegations in paragraph 34 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 34, and states that it is
incumbent upon Plaintiff to prove such allegations.
35. The allegations in paragraph 35 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 35, and states that it is
incumbent upon Plaintiff to prove such allegations.
36. The allegations in paragraph 36 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 36, and states that it is
incumbent upon Plaintiff to prove such allegations.
37. The allegations in paragraph 37 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 37, and states that it is
incumbent upon Plaintiff to prove such allegations.
38. The allegations in paragraph 38 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 38, and states that it is
incumbent upon Plaintiff to prove such allegations.
39. The allegations in paragraph 39 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 39, and states that it is
incumbent upon Plaintiff to prove such allegations.
40. The allegations in paragraph 40 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 40, and states that it is
incumbent upon Plaintiff to prove such allegations.
41. The allegations in paragraph 41 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 41, and states that it is
incumbent upon Plaintiff to prove such allegations.
42. The allegations in paragraph 42 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 42, and states that it is
incumbent upon Plaintiff to prove such allegations.
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43. The allegations in paragraph 43 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 43, and states that it is
incumbent upon Plaintiff to prove such allegations.
44. The allegations in paragraph 44 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 44, and states that it is
incumbent upon Plaintiff to prove such allegations.
45. The allegations in paragraph 45 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 45, and states that it is
incumbent upon Plaintiff to prove such allegations.
46. The allegations in paragraph 46 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 46, and states that it is
incumbent upon Plaintiff to prove such allegations.
47. The allegations in paragraph 47 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 47, and states that it is
incumbent upon Plaintiff to prove such allegations.
48. The allegations in paragraph 48 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 48, and states that it is
incumbent upon Plaintiff to prove such allegations.
49. The allegations in paragraph 49 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 49, and states that it is
incumbent upon Plaintiff to prove such allegations.
50. The allegations in paragraph 50 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 50, and states that it is
incumbent upon Plaintiff to prove such allegations.
51. The allegations in paragraph 51 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 51, and states that it is
incumbent upon Plaintiff to prove such allegations.
52. The allegations in paragraph 52 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 52, and states that it is
incumbent upon Plaintiff to prove such allegations.
53. The allegations in paragraph 53 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 53, and states that it is
incumbent upon Plaintiff to prove such allegations.
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54. The allegations in paragraph 54 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 54, and states that it is
incumbent upon Plaintiff to prove such allegations.
55. The allegations in paragraph 55 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 55, and states that it is
incumbent upon Plaintiff to prove such allegations.
56. The allegations in paragraph 56 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 56, and states that it is
incumbent upon Plaintiff to prove such allegations.
57. The allegations in paragraph 57 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
57, and states that it is incumbent upon Plaintiff to prove such allegations.
58. The allegations in paragraph 58 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
58, and states that it is incumbent upon Plaintiff to prove such allegations.
59. The allegations in paragraph 59 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 59, and states that it is
incumbent upon Plaintiff to prove such allegations.
60. The allegations in paragraph 60 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 60, and states that it is
incumbent upon Plaintiff to prove such allegations.
61. The allegations in paragraph 61 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 61, and states that it is
incumbent upon Plaintiff to prove such allegations.
62. The allegations in paragraph 62 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 62, and states that it is
incumbent upon Plaintiff to prove such allegations.
63. The allegations in paragraph 63 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
63, and states that it is incumbent upon Plaintiff to prove such allegations.
64. The allegations in paragraph 64 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
64, and states that it is incumbent upon Plaintiff to prove such allegations.
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65. The allegations in paragraph 65 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 65, and states that it is
incumbent upon Plaintiff to prove such allegations.
66. The allegations in paragraph 66 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 66, and states that it is
incumbent upon Plaintiff to prove such allegations.
67. The allegations in paragraph 67 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
67, and states that it is incumbent upon Plaintiff to prove such allegations.
68. The allegations in paragraph 68 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
68, and states that it is incumbent upon Plaintiff to prove such allegations.
69. The allegations in paragraph 69 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 69, and states that it is
incumbent upon Plaintiff to prove such allegations.
70. The allegations in paragraph 70 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 70, and states that it is
incumbent upon Plaintiff to prove such allegations.
71. The allegations in paragraph 71 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
the Foundation neither admits nor denies the allegations in paragraph 71, and states that it is
incumbent upon Plaintiff to prove such allegations.
72. The allegations in paragraph 72 of the Complaint refer and are directed to parties
other than the Foundation and state a legal conclusion, to which no response is required; to the
extent a response is required, the Foundation neither admits nor denies the allegations in paragraph
72, and states that it is incumbent upon Plaintiff to prove such allegations.
73. The Foundation neither admits nor denies the allegations in paragraph 73 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
74. The Foundation neither admits nor denies the allegations in paragraph 74 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
75. The Foundation neither admits nor denies the allegations in paragraph 75 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
76. The Foundation neither admits nor denies the allegations in paragraph 76 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
77. The Foundation neither admits nor denies the allegations in paragraph 77 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
78. The Foundation neither admits nor denies the allegations in paragraph 78 of the
Complaint, and states that it is incumbent upon Plaintiff to prove such allegations.
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79. The allegations in paragraph 79 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 79, and states that it is incumbent
upon Plaintiff to prove such allegations.
80. The allegations in paragraph 80 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 80, and states that it is incumbent
upon Plaintiff to prove such allegations.
81. The allegations in paragraph 81 of the Complaint are directed to parties other than
the Foundation and state a legal conclusion, to which no response is required; to the extent a
response is required, the Foundation neither admits nor denies the allegations in paragraph 81, and
states that it is incumbent upon Plaintiff to prove such allegations.
82. The allegations in paragraph 82 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 82, and states that it is incumbent
upon Plaintiff to prove such allegations.
83. The allegations in paragraph 83 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 83, and states that it is incumbent
upon Plaintiff to prove such allegations.
84. The allegations in paragraph 84 of the Complaint refer and are directed to parties
other than the Foundation, to which no response is required; to the extent a response is required,
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the Foundation neither admits nor denies the allegations in paragraph 84, and states that it is
incumbent upon Plaintiff to prove such allegations.
85. The allegations in paragraph 85 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 85, and states that it is incumbent
upon Plaintiff to prove such allegations.
86. The allegations in paragraph 86 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 86, and states that it is incumbent
upon Plaintiff to prove such allegations.
87. The allegations in paragraph 87 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 87, and states that it is incumbent
upon Plaintiff to prove such allegations.
88. The allegations in paragraph 88 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 88, and states that it is incumbent
upon Plaintiff to prove such allegations.
89. The allegations in paragraph 89 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 89, and states that it is incumbent
upon Plaintiff to prove such allegations.
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90. The allegations in paragraph 90 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 90, and states that it is incumbent
upon Plaintiff to prove such allegations.
91. The allegations in paragraph 91 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 91, and states that it is incumbent
upon Plaintiff to prove such allegations.
92. The allegations in paragraph 92 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 92, and states that it is incumbent
upon Plaintiff to prove such allegations.
93. The allegations in paragraph 93 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 93, and states that it is incumbent
upon Plaintiff to prove such allegations.
94. The allegations in paragraph 94 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 94, and states that it is incumbent
upon Plaintiff to prove such allegations.
95. The allegations in paragraph 95 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
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Foundation neither admits nor denies the allegations in paragraph 95, and states that it is incumbent
upon Plaintiff to prove such allegations.
96. The allegations in paragraph 96 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 96, and states that it is incumbent
upon Plaintiff to prove such allegations.
97. The allegations in paragraph 97 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 97, and states that it is incumbent
upon Plaintiff to prove such allegations.
98. The allegations in paragraph 98 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 98, and states that it is incumbent
upon Plaintiff to prove such allegations.
99. The allegations in paragraph 99 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 99, and states that it is incumbent
upon Plaintiff to prove such allegations.
100. The allegations in paragraph 100 of the Complaint are directed to parties other than
the Foundation, to which no response is required; to the extent a response is required, the
Foundation neither admits nor denies the allegations in paragraph 100, and states that it is
incumbent upon Plaintiff to prove such allegations.
18
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FILED: NEW YORK COUNTY CLERK 03/19/2024
10/10/2022 06:49
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NYSCEF DOC. NO. 268
130 RECEIVED NYSCEF: 03/19/2024
10/10/2022
101.
Preview
FILED: NEW YORK COUNTY CLERK 03/19/2024 06:49 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 RECEIVED NYSCEF: 03/19/2024 EXHIBIT 3 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------x SARAH STERNKLAR, individually and Index No. 651270/2021 derivatively on behalf of nominal defendant STERNKLAR FAMILY FOUNDATION, INC., ANSWER Plaintiff, -against- CINDY STERNKLAR-WORENKLEIN, MARK STERNKLAR, Defendants, -and- STERNKLAR FAMILY FOUNDATION, INC., Nominal Defendant. ------------------------------------------------------------------x Nominal defendant STERNKLAR FAMILY FOUNDATION, INC. (the “Foundation”), by its attorneys, Robert & Robert PLLC, as and for its Answer to the Amended Complaint of Plaintiff SARAH STERNKLAR, individually and derivatively on behalf of the Foundation (“Plaintiff”) dated August 15, 2022 (NYSCEF No. 120) (the “Complaint”), to the extent necessary, states the following upon information and belief: AS AND FOR A RESPONSE TO PRELIMINARY STATEMENT 1. The allegations in paragraph 1 of the Complaint state the relief sought by the Plaintiff against parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 1, and states that it is incumbent upon Plaintiff to prove such allegations. 2. The allegations in paragraph 2 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 1 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 2, and states that it is incumbent upon Plaintiff to prove such allegations. 3. The allegations in paragraph 3 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 3, and states that it is incumbent upon Plaintiff to prove such allegations. 4. The allegations in paragraph 4 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 4, and states that it is incumbent upon Plaintiff to prove such allegations. 5. The allegations in paragraph 5 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 5, and states that it is incumbent upon Plaintiff to prove such allegations. 6. The allegations in paragraph 6 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 6, and states that it is incumbent upon Plaintiff to prove such allegations. 7. The allegations in paragraph 7 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 7, and states that it is incumbent upon Plaintiff to prove such allegations. 2 2 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 8. The allegations in paragraph 8 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 8, and states that it is incumbent upon Plaintiff to prove such allegations. 9. The allegations in paragraph 9 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 9, and states that it is incumbent upon Plaintiff to prove such allegations. 10. The allegations in paragraph 10 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 10, and states that it is incumbent upon Plaintiff to prove such allegations. 11. The allegations in paragraph 11 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 11, and states that it is incumbent upon Plaintiff to prove such allegations. 12. The allegations in paragraph 12 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 12, and states that it is incumbent upon Plaintiff to prove such allegations. 13. The allegations in paragraph 13 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the 3 3 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 13, and states that it is incumbent upon Plaintiff to prove such allegations. 14. The allegations in paragraph 14 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 14, and states that it is incumbent upon Plaintiff to prove such allegations. 15. The allegations in paragraph 15 of the Complaint are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 15, and states that it is incumbent upon Plaintiff to prove such allegations. 16. The allegations in paragraph 16 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 16, and states that it is incumbent upon Plaintiff to prove such allegations. 17. The allegations in paragraph 17 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 17, and states that it is incumbent upon Plaintiff to prove such allegations. AS AND FOR A RESPONSE TO THE PARTIES 18. The Foundation neither admits nor denies the allegations in paragraph 18 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 19. The Foundation neither admits nor denies the allegations in paragraph 19 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 4 4 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 20. The Foundation neither admits nor denies the allegations in paragraph 20 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 21. The Foundation neither admits nor denies the allegations in paragraph 21 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. AS AND FOR A RESPONSE TO THE FACT ALLEGATIONS 22. The allegations in paragraph 22 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 22, and states that it is incumbent upon Plaintiff to prove such allegations. 23. The allegations in paragraph 23 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 23, and states that it is incumbent upon Plaintiff to prove such allegations. 24. The allegations in paragraph 24 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 24, and states that it is incumbent upon Plaintiff to prove such allegations. 25. The allegations in paragraph 25 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 25, and states that it is incumbent upon Plaintiff to prove such allegations. 26. The allegations in paragraph 26 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the 5 5 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 Foundation neither admits nor denies the allegations in paragraph 26, and states that it is incumbent upon Plaintiff to prove such allegations. 27. The allegations in paragraph 27 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 27, and states that it is incumbent upon Plaintiff to prove such allegations. 28. The allegations in paragraph 28 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 28, and states that it is incumbent upon Plaintiff to prove such allegations. 29. The allegations in paragraph 29 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 29, and states that it is incumbent upon Plaintiff to prove such allegations. 30. The allegations in paragraph 30 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 30, and states that it is incumbent upon Plaintiff to prove such allegations. 31. The allegations in paragraph 31 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 31, and states that it is incumbent upon Plaintiff to prove such allegations. 6 6 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 32. The allegations in paragraph 32 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 32, and states that it is incumbent upon Plaintiff to prove such allegations. 33. The allegations in paragraph 33 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 33, and states that it is incumbent upon Plaintiff to prove such allegations. 34. The allegations in paragraph 34 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 34, and states that it is incumbent upon Plaintiff to prove such allegations. 35. The allegations in paragraph 35 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 35, and states that it is incumbent upon Plaintiff to prove such allegations. 36. The allegations in paragraph 36 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 36, and states that it is incumbent upon Plaintiff to prove such allegations. 37. The allegations in paragraph 37 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 7 7 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 37, and states that it is incumbent upon Plaintiff to prove such allegations. 38. The allegations in paragraph 38 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 38, and states that it is incumbent upon Plaintiff to prove such allegations. 39. The allegations in paragraph 39 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 39, and states that it is incumbent upon Plaintiff to prove such allegations. 40. The allegations in paragraph 40 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 40, and states that it is incumbent upon Plaintiff to prove such allegations. 41. The allegations in paragraph 41 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 41, and states that it is incumbent upon Plaintiff to prove such allegations. 42. The allegations in paragraph 42 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 42, and states that it is incumbent upon Plaintiff to prove such allegations. 8 8 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 43. The allegations in paragraph 43 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 43, and states that it is incumbent upon Plaintiff to prove such allegations. 44. The allegations in paragraph 44 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 44, and states that it is incumbent upon Plaintiff to prove such allegations. 45. The allegations in paragraph 45 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 45, and states that it is incumbent upon Plaintiff to prove such allegations. 46. The allegations in paragraph 46 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 46, and states that it is incumbent upon Plaintiff to prove such allegations. 47. The allegations in paragraph 47 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 47, and states that it is incumbent upon Plaintiff to prove such allegations. 48. The allegations in paragraph 48 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 9 9 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 48, and states that it is incumbent upon Plaintiff to prove such allegations. 49. The allegations in paragraph 49 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 49, and states that it is incumbent upon Plaintiff to prove such allegations. 50. The allegations in paragraph 50 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 50, and states that it is incumbent upon Plaintiff to prove such allegations. 51. The allegations in paragraph 51 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 51, and states that it is incumbent upon Plaintiff to prove such allegations. 52. The allegations in paragraph 52 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 52, and states that it is incumbent upon Plaintiff to prove such allegations. 53. The allegations in paragraph 53 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 53, and states that it is incumbent upon Plaintiff to prove such allegations. 10 10 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 54. The allegations in paragraph 54 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 54, and states that it is incumbent upon Plaintiff to prove such allegations. 55. The allegations in paragraph 55 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 55, and states that it is incumbent upon Plaintiff to prove such allegations. 56. The allegations in paragraph 56 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 56, and states that it is incumbent upon Plaintiff to prove such allegations. 57. The allegations in paragraph 57 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 57, and states that it is incumbent upon Plaintiff to prove such allegations. 58. The allegations in paragraph 58 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 58, and states that it is incumbent upon Plaintiff to prove such allegations. 59. The allegations in paragraph 59 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 11 11 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 59, and states that it is incumbent upon Plaintiff to prove such allegations. 60. The allegations in paragraph 60 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 60, and states that it is incumbent upon Plaintiff to prove such allegations. 61. The allegations in paragraph 61 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 61, and states that it is incumbent upon Plaintiff to prove such allegations. 62. The allegations in paragraph 62 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 62, and states that it is incumbent upon Plaintiff to prove such allegations. 63. The allegations in paragraph 63 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 63, and states that it is incumbent upon Plaintiff to prove such allegations. 64. The allegations in paragraph 64 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 64, and states that it is incumbent upon Plaintiff to prove such allegations. 12 12 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 65. The allegations in paragraph 65 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 65, and states that it is incumbent upon Plaintiff to prove such allegations. 66. The allegations in paragraph 66 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 66, and states that it is incumbent upon Plaintiff to prove such allegations. 67. The allegations in paragraph 67 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 67, and states that it is incumbent upon Plaintiff to prove such allegations. 68. The allegations in paragraph 68 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 68, and states that it is incumbent upon Plaintiff to prove such allegations. 69. The allegations in paragraph 69 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 69, and states that it is incumbent upon Plaintiff to prove such allegations. 70. The allegations in paragraph 70 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 13 13 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 70, and states that it is incumbent upon Plaintiff to prove such allegations. 71. The allegations in paragraph 71 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 71, and states that it is incumbent upon Plaintiff to prove such allegations. 72. The allegations in paragraph 72 of the Complaint refer and are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 72, and states that it is incumbent upon Plaintiff to prove such allegations. 73. The Foundation neither admits nor denies the allegations in paragraph 73 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 74. The Foundation neither admits nor denies the allegations in paragraph 74 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 75. The Foundation neither admits nor denies the allegations in paragraph 75 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 76. The Foundation neither admits nor denies the allegations in paragraph 76 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 77. The Foundation neither admits nor denies the allegations in paragraph 77 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 78. The Foundation neither admits nor denies the allegations in paragraph 78 of the Complaint, and states that it is incumbent upon Plaintiff to prove such allegations. 14 14 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 79. The allegations in paragraph 79 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 79, and states that it is incumbent upon Plaintiff to prove such allegations. 80. The allegations in paragraph 80 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 80, and states that it is incumbent upon Plaintiff to prove such allegations. 81. The allegations in paragraph 81 of the Complaint are directed to parties other than the Foundation and state a legal conclusion, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 81, and states that it is incumbent upon Plaintiff to prove such allegations. 82. The allegations in paragraph 82 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 82, and states that it is incumbent upon Plaintiff to prove such allegations. 83. The allegations in paragraph 83 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 83, and states that it is incumbent upon Plaintiff to prove such allegations. 84. The allegations in paragraph 84 of the Complaint refer and are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, 15 15 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 the Foundation neither admits nor denies the allegations in paragraph 84, and states that it is incumbent upon Plaintiff to prove such allegations. 85. The allegations in paragraph 85 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 85, and states that it is incumbent upon Plaintiff to prove such allegations. 86. The allegations in paragraph 86 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 86, and states that it is incumbent upon Plaintiff to prove such allegations. 87. The allegations in paragraph 87 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 87, and states that it is incumbent upon Plaintiff to prove such allegations. 88. The allegations in paragraph 88 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 88, and states that it is incumbent upon Plaintiff to prove such allegations. 89. The allegations in paragraph 89 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 89, and states that it is incumbent upon Plaintiff to prove such allegations. 16 16 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 90. The allegations in paragraph 90 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 90, and states that it is incumbent upon Plaintiff to prove such allegations. 91. The allegations in paragraph 91 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 91, and states that it is incumbent upon Plaintiff to prove such allegations. 92. The allegations in paragraph 92 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 92, and states that it is incumbent upon Plaintiff to prove such allegations. 93. The allegations in paragraph 93 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 93, and states that it is incumbent upon Plaintiff to prove such allegations. 94. The allegations in paragraph 94 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 94, and states that it is incumbent upon Plaintiff to prove such allegations. 95. The allegations in paragraph 95 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the 17 17 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 Foundation neither admits nor denies the allegations in paragraph 95, and states that it is incumbent upon Plaintiff to prove such allegations. 96. The allegations in paragraph 96 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 96, and states that it is incumbent upon Plaintiff to prove such allegations. 97. The allegations in paragraph 97 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 97, and states that it is incumbent upon Plaintiff to prove such allegations. 98. The allegations in paragraph 98 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 98, and states that it is incumbent upon Plaintiff to prove such allegations. 99. The allegations in paragraph 99 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 99, and states that it is incumbent upon Plaintiff to prove such allegations. 100. The allegations in paragraph 100 of the Complaint are directed to parties other than the Foundation, to which no response is required; to the extent a response is required, the Foundation neither admits nor denies the allegations in paragraph 100, and states that it is incumbent upon Plaintiff to prove such allegations. 18 18 of 28 FILED: NEW YORK COUNTY CLERK 03/19/2024 10/10/2022 06:49 07:42 PM INDEX NO. 651270/2021 NYSCEF DOC. NO. 268 130 RECEIVED NYSCEF: 03/19/2024 10/10/2022 101.