UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF NEW YORK 

_______________________________________________X 

COMMODORE FACTORS CORP. Index No. 07-CV-3433 

 (TPG) 

 Plaintiff, 

 -against- ANSWER 

RICHARD COCHERL and JANICE COCHERL 

________________________________________________X 

 Defendants, Richard Cocherl and Janice Cocherl by and through their counsel, Stein, McGuire, 

Pantages & Gigl, LLP answering plaintiff’s Complaint herein states upon information and belief the 

following: 

 1. Defendants admit paragraph 1 only as appears by the record. 

PARTIES, JURISDICTION & VENUE 

 2. Defendants have insufficient knowledge or information to form a belief as to the 

allegations of paragraph 2 of the Complaint. 

 3. Defendants admit the allegations of paragraphs 3 and 4. 

 4. Defendants deny the allegations of paragraphs 5, 6 and 7. 

AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT RICHARD COCHERL 

 5. Defendants repeat their answers to the allegations of paragraphs 1 through 7 as though 

more fully set out herein at length. 

 6. Defendants deny the allegations of paragraphs 9 and 10 as though more fully set out 

herein at length. 

AS AND FOR A SECOND CAUSE OF ACTION 

 7. Defendants repeat their answers to the allegations of paragraphs 1 through 10 as though 

more fully set out herein at length. 

 8. Defendants deny the allegations of paragraphs 12 and 13 as though more fully set out 

herein at length. 

Case 1:07-cv-03433-TPG Document 2 Filed 05/07/2007 Page 1 of 3
 WHEREFORE, defendants, Richard Coherl and Janice Coherl deny that plaintiff, Commodore 

Factors Corp. is entitled to the relief demanded in the Complaint or any part thereof and further demand 

that judgment be entered in defendants’ favor dismissing all causes of action and claims asserted by 

plaintiff herein. 

AS AND FOR A FIRST SEPARATE DEFENSE 

 Plaintiff’s Complaint fails to state a claim upon which relief can be granted. 

AS AND FOR A SECOND SEPARATE DEFENSE 

 Defendants did not breach any contract or agreement between the parties. 

AS AND FOR A THIRD SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of the Law of Waiver. 

AS AND FOR A FOURTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of the Law of Estoppel. 

AS AND FOR A FIFTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of the Law of Unclean Hands. 

AS AND FOR A SIXTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of the Law of Failure of Consideration. 

AS AND FOR A SEVENTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of the Law of Latches. 

AS AND FOR A EIGTH SEPARATE DEFENSE 

 Plaintiff suffered no loss or damages by reason of any act or omission of defendant. 

AS AND FOR A NINTH SEPARATE DEFENSE 

 There was no legal duty owed to plaintiff by defendant. In the alternative, if such a duty is found 

to exist, there was no breach thereof. 

AS AND FOR A TENTH SEPARATE DEFENSE 

 The causes of action asserted by plaintiff is barred by the applicable Statute of Limitations. 

Case 1:07-cv-03433-TPG Document 2 Filed 05/07/2007 Page 2 of 3
AS AND FOR A ELEVENTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery insomuch as any loss or damage allegedly sustained by plaintiff 

was caused by the actions and/or omissions of plaintiff itself. 

AS AND FOR A TWELFTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery by operation of law of Equitable Estoppel/Promissory Estoppel. 

AS AND FOR A THIRTEENTH SEPARATE DEFENSE 

 Defendants deny being indebted to the plaintiff for any sum whatsoever. 

AS AND FOR A FOURTHEENTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery against defendants by virtue of the fact that plaintiff breached 

its agreement with defendants. 

AS AND FOR A FIFTEENTH SEPARATE DEFENSE 

 Plaintiff is barred from recovery insofar as the agreement which forms the basis of plaintiff’s 

claims constitute a contract of adhesion. 

Dated: April 30, 2007

 Yours, etc. 

 STEIN, MCGUIRE, PANTAGES & GIGL, LLP 

 

 BY: __________________________________ 

 MICHAEL F. MARTINO (MFM 0654) 

 Attorneys for Defendants 

 354 Eisenhower Parkway 

 Livingston, New Jersey 07039 

 973-992-1100 

TO: Gilbert A. Lazarus, Esq. 

 Lazarus & Lazarus, PC 

 240 Madison Avenue, 8th Floor 

 New York, New York 10016 

Case 1:07-cv-03433-TPG Document 2 Filed 05/07/2007 Page 3 of 3