SUPREME COURT STATE OF NEW YORK COUNTY OF DUTCHESS VALERIE KETO, as Administratrix of the Estate Of JESSICA KETO, Plaintiff, ANSWER - against - Index No. 2014/1916 TOM NICCHI, THE STATE ROOM and GRAMRO ENTERTAINMENT CORP., Defendants. Defendants, Tom Nicchi, The State Room and Gramro Entertainment Corp., by and through their attorneys, Waite & Associates, P.C., as and for an answer to Plaintiff's Complaint herein asserts as follows: 1, Defendants deny knowledge or information sufficient to form a. belief as to the allegations contained in paragraphs 1 and 4 of Plaintiff's Complaint. 2. Defendants deny each and every allegation contained in paragraphs 2, 3, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 18 and 19. 3. Defendants repeat the admissions and denials to the paragraphs of Defendants’ Answer in paragraphs 9, 13 and 17.AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. Each of Plaintiffs causes of action alleged in the Complaint fail to state a viable cause of action against which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE AND FIRST COUNTERCLAIM 5. Plaintiffs allegations have purposefully exaggerated or misrepresented the underlying facts in an effort to support claims that are known to Plaintiffs to have no merit. 6. By reason of the commencement of a frivolous action, Defendants have been damaged and will continue to be damaged by reason of Defendants’ defense of such frivolous lawsuit. WHEREFORE, Defendants demand judgment dismissing each and every cause of action contained in Plaintiff's complaint and awarding Defendants damages in an amount to’be fixed at trial and for the costs and disbursements of this action as well as such other relief as to the Court seem just and proper. Dated: Albany, NY Yours, ete. August 20, 2014 og Stephen J. Wgite, Esq. WAITE & ASSOCIATES, P. Attorney for Defendants 199 New Scotland Avenue Albany, NY 12208 (618) 463-4257Tot Corbally Gartland and Rappleyea LLP Attorneys for Plaintiff Bardavon Building 35 Market Street Poughkeepsie, NY 12601-3285