On June 09, 2021 a
Answer
was filed
involving a dispute between
Scott Usa, Inc.,
and
Advance Cyclery, Inc.,
Richard Wright,
for Other Matters - Contract - Other
in the District Court of Onondaga County.
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FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
SCOTT USA INC.,
Index No. 005287/2021
Plaintiff,
ANSWER
-against-
ADVANCE CYCLERY, INC. and RICHARD WRIGHT,
Defendants.
Defendants, Advance Cyclery, Inc. and Richard Wright, by and through their attorneys,
Sheats & Bailey, PLLC, answers the plaintiff’s complaint as follows:
1. Deny knowledge and information sufficient to form a belief as to the truth of the
allegations set forth in paragraph 1.
2. Admit the allegations set forth in paragraph 2.
3. Deny the allegations set forth in paragraphs 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17,
18, 20, 21 and 22.
4. With regard to paragraphs 4, 8, 11 and 19, repeat and reallege the responses to the
paragraphs incorporated therein as if set forth in full herein.
FIRST AFFIRMATIVE DEFENSE
5. The plaintiff’s Complaint is subject to dismissal or offset due to a material breach
of contract by the plaintiff.
SECOND AFFIRMATIVE DEFENSE
6. Plaintiff has failed to comply with conditions precedent in its contract with the
defendant and, to the extent of such failure to comply, the defendant is entitled to a defense or an
offset in whole or in part against the plaintiff’s claim.
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FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021
THIRD AFFIRMATIVE DEFENSE
7. The plaintiff’s Complaint fails to state a cause of action upon which relief can be
granted.
FOURTH AFFIRMATIVE DEFENSE
8. Defendants have substantially performed its contracts with the plaintiff.
FIFTH AFFIRMATIVE DEFENSE
9. Materials provided by the plaintiff did not conform to the purchase orders for the
same. Plaintiff’s complaint and each claim for relief therein, is barred and/or limited by the
applicable statute of limitations.
SIXTH AFFIRMATIVE DEFENSE
10. Some or all of the plaintiff’s claims with regard to defendants are without merit
and without substantial basis in law and fact
SEVENTH AFFIRMATIVE DEFENSE
11. Defendants have been released from some or all of plaintiff’s claims.
EIGHTH AFFIRMATIVE DEFENSE
12. Plaintiff is barred by the statute of frauds.
NINTH AFFIRMATIVE DEFENSE
13. The plaintiff has failed to give notice as required under Article 2 of the Uniform
Commercial Code.
TENTH AFFIRMATIVE DEFENSE
14. The plaintiff has failed to perform conditions precedent to recovery under Article
2 of the Uniform Commercial Code.
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FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021
ELEVENTH AFFIRMATIVE DEFENSE
15. The defendants have not voluntarily waived any applicable affirmative defenses
and reserve the right to assert and rely on such other applicable affirmative defenses as may be
available or apparent during discovery proceedings. Defendants further reserve the right to
amend their Answer and/or affirmative defenses accordingly and/or to delete affirmative
defenses that defendants determines are not applicable during the course of subsequent
discovery.
WHEREFORE, defendants request that the plaintiff’s complaint be dismissed in its
entirety, together with such other and further relief as the Court deems just and proper.
Dated: August 19, 2021 Anthony C. Galli
Anthony C. Galli, Esq.
Sheats & Bailey, PLLC
Attorneys for Defendants
P.O. Box 586
Liverpool, New York 13088
Telephone (315) 676-7314
TO: Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailing Address: P.O. Box 22879
Rochester, New York 14692-2978
Telephone (585) 424-5775 (866) 250-2112
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Document Filed Date
August 19, 2021
Case Filing Date
June 09, 2021
Category
Other Matters - Contract - Other
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FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA SCOTT USA INC., Index No. 005287/2021 Plaintiff, ANSWER -against- ADVANCE CYCLERY, INC. and RICHARD WRIGHT, Defendants. Defendants, Advance Cyclery, Inc. and Richard Wright, by and through their attorneys, Sheats & Bailey, PLLC, answers the plaintiff’s complaint as follows: 1. Deny knowledge and information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1. 2. Admit the allegations set forth in paragraph 2. 3. Deny the allegations set forth in paragraphs 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18, 20, 21 and 22. 4. With regard to paragraphs 4, 8, 11 and 19, repeat and reallege the responses to the paragraphs incorporated therein as if set forth in full herein. FIRST AFFIRMATIVE DEFENSE 5. The plaintiff’s Complaint is subject to dismissal or offset due to a material breach of contract by the plaintiff. SECOND AFFIRMATIVE DEFENSE 6. Plaintiff has failed to comply with conditions precedent in its contract with the defendant and, to the extent of such failure to comply, the defendant is entitled to a defense or an offset in whole or in part against the plaintiff’s claim. Page 1 of 3 1 of 3 FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021 THIRD AFFIRMATIVE DEFENSE 7. The plaintiff’s Complaint fails to state a cause of action upon which relief can be granted. FOURTH AFFIRMATIVE DEFENSE 8. Defendants have substantially performed its contracts with the plaintiff. FIFTH AFFIRMATIVE DEFENSE 9. Materials provided by the plaintiff did not conform to the purchase orders for the same. Plaintiff’s complaint and each claim for relief therein, is barred and/or limited by the applicable statute of limitations. SIXTH AFFIRMATIVE DEFENSE 10. Some or all of the plaintiff’s claims with regard to defendants are without merit and without substantial basis in law and fact SEVENTH AFFIRMATIVE DEFENSE 11. Defendants have been released from some or all of plaintiff’s claims. EIGHTH AFFIRMATIVE DEFENSE 12. Plaintiff is barred by the statute of frauds. NINTH AFFIRMATIVE DEFENSE 13. The plaintiff has failed to give notice as required under Article 2 of the Uniform Commercial Code. TENTH AFFIRMATIVE DEFENSE 14. The plaintiff has failed to perform conditions precedent to recovery under Article 2 of the Uniform Commercial Code. Page 2 of 3 2 of 3 FILED: ONONDAGA COUNTY CLERK 08/19/2021 09:05 AM INDEX NO. 005287/2021 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/19/2021 ELEVENTH AFFIRMATIVE DEFENSE 15. The defendants have not voluntarily waived any applicable affirmative defenses and reserve the right to assert and rely on such other applicable affirmative defenses as may be available or apparent during discovery proceedings. Defendants further reserve the right to amend their Answer and/or affirmative defenses accordingly and/or to delete affirmative defenses that defendants determines are not applicable during the course of subsequent discovery. WHEREFORE, defendants request that the plaintiff’s complaint be dismissed in its entirety, together with such other and further relief as the Court deems just and proper. Dated: August 19, 2021 Anthony C. Galli Anthony C. Galli, Esq. Sheats & Bailey, PLLC Attorneys for Defendants P.O. Box 586 Liverpool, New York 13088 Telephone (315) 676-7314 TO: Mark H. Stein, Esq. Lacy Katzen LLP Attorneys for Plaintiff Legacy Tower, 600 Bausch & Lomb Place Mailing Address: P.O. Box 22879 Rochester, New York 14692-2978 Telephone (585) 424-5775 (866) 250-2112 Page 3 of 3 3 of 3