On May 04, 2022 a
Motion-Secondary
was filed
involving a dispute between
Lorin Dee Beller,
and
Robert Bruce Roblee,
for Real Property - Partition
in the District Court of Essex County.
Preview
FILED: ESSEX COUNTY CLERK 06/21/2022 10:02 AM INDEX NO. CV22-0175
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/21/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
LORIN DEE BELLER,
Plaintiff, REPLY TO
COUNTERCLAIMS
-against- Index No. : CV22-0175
ROBERT BRUCE ROBLEE,
Defendant.
Plaintiff Lorin Dee Beller by her attorneys FitzGerald Morris Baker Firth PC submits a
Reply to Counterclaims in the Answer of the Defendant as follows:
1. Denies knowledge or information sufficient to form a belief as to the allegations contained
"24"
in the paragraph numbered of the Answer.
2. Denies the allegations contained inthe paragraphs numbered "19", "20", "25", "26", "27",
"40" "41"
"29", "31", "32", "33", "34", "39", and of the Answer.
"37"
3. Denies the allegations contained in the paragraph numbered in part as only a few
meetings were held.
4. Denies knowledge or information sufficient to form a belief as to the allegations contained
"22"
in the paragraph numbered except admits that the contract referred to speaks for itself.
"30" "38"
5. Admits the allegations contained in paragraphs numbered "21", "23", and of the
Answer.
"36"
6. Admits in part the allegations contained in paragraph numbered as profit splitbetween
the parties of the Answer.
"28" "35"
7. Answering the paragraphs numbered "18", and of the Answer, Plaintiff repeats,
reiterates and realleges each and every response to the recited paragraph, with the same
force and effect as if the same were set forth at length herein.
8. Deny all other allegations in the Answer with Counterclaims not specifically admitted or
denied.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE,
PLAINTIFF ALLEGES:
9. Recovery is barred by Doctrine of Acceptance and Waiver.
1 of 2
FILED: ESSEX COUNTY CLERK 06/21/2022 10:02 AM INDEX NO. CV22-0175
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/21/2022
AS AND FOR A SECOND AFFIRMATIVE DEFENSE,
PLAINTIFF ALLEGES:
10. That as it concerns Defendant's Counterclaims Defendant failed to mitigate damages if
any.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
PLAINTIFF ALLEGES:
11. That Defendant's Counterclaims are barred by the doctrines of laches, unclean hands
and/or estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE,
PLAINTIFF ALLEGES:
12. That Defendant's Counterclaims lack specificity as required by CPLR §3016.
WHEREFORE, Plaintiff demands judgment against the Defendant dismissing the
attorneys'
Counterclaims, together with the costs, disbursements and reasonable fees of this action,
and for such other and further relief as this Court deems just and proper.
Dated: June 20, 2022
John D. Aspland, Jr., .
FitzGerald Morris Ba er Firth P.C.
Attorneys for Plaintiff
68 Warren St.
P.O. Box 2017
Glens Falls, NY 12801
(518) 745-1400
TO: Paul A Levine, Esq. (via NYSCEF)
2 of 2
Document Filed Date
June 21, 2022
Case Filing Date
May 04, 2022
Category
Real Property - Partition
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FILED: ESSEX COUNTY CLERK 06/21/2022 10:02 AM INDEX NO. CV22-0175 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/21/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX LORIN DEE BELLER, Plaintiff, REPLY TO COUNTERCLAIMS -against- Index No. : CV22-0175 ROBERT BRUCE ROBLEE, Defendant. Plaintiff Lorin Dee Beller by her attorneys FitzGerald Morris Baker Firth PC submits a Reply to Counterclaims in the Answer of the Defendant as follows: 1. Denies knowledge or information sufficient to form a belief as to the allegations contained "24" in the paragraph numbered of the Answer. 2. Denies the allegations contained inthe paragraphs numbered "19", "20", "25", "26", "27", "40" "41" "29", "31", "32", "33", "34", "39", and of the Answer. "37" 3. Denies the allegations contained in the paragraph numbered in part as only a few meetings were held. 4. Denies knowledge or information sufficient to form a belief as to the allegations contained "22" in the paragraph numbered except admits that the contract referred to speaks for itself. "30" "38" 5. Admits the allegations contained in paragraphs numbered "21", "23", and of the Answer. "36" 6. Admits in part the allegations contained in paragraph numbered as profit splitbetween the parties of the Answer. "28" "35" 7. Answering the paragraphs numbered "18", and of the Answer, Plaintiff repeats, reiterates and realleges each and every response to the recited paragraph, with the same force and effect as if the same were set forth at length herein. 8. Deny all other allegations in the Answer with Counterclaims not specifically admitted or denied. AS AND FOR A FIRST AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 9. Recovery is barred by Doctrine of Acceptance and Waiver. 1 of 2 FILED: ESSEX COUNTY CLERK 06/21/2022 10:02 AM INDEX NO. CV22-0175 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/21/2022 AS AND FOR A SECOND AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 10. That as it concerns Defendant's Counterclaims Defendant failed to mitigate damages if any. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 11. That Defendant's Counterclaims are barred by the doctrines of laches, unclean hands and/or estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 12. That Defendant's Counterclaims lack specificity as required by CPLR §3016. WHEREFORE, Plaintiff demands judgment against the Defendant dismissing the attorneys' Counterclaims, together with the costs, disbursements and reasonable fees of this action, and for such other and further relief as this Court deems just and proper. Dated: June 20, 2022 John D. Aspland, Jr., . FitzGerald Morris Ba er Firth P.C. Attorneys for Plaintiff 68 Warren St. P.O. Box 2017 Glens Falls, NY 12801 (518) 745-1400 TO: Paul A Levine, Esq. (via NYSCEF) 2 of 2