On October 12, 2021 a
Answer
was filed
involving a dispute between
Village Of Pawling,
and
Robert Liffland
Individually,
for Commercial - Other (Viol Vlg Law/Br Fid Duty)
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
VILLAGE OF PAWLING, Index No. 2021-54213
Plaintiff,
-against-
ANSWER
ROBERT LIFFLAND, individually,
Defendant.
Defendant ROBERT LIFFLAND, individually ("Liffland"), by his attorneys, Stenger,
Diamond & Glass, LLP, as and for his answer to plaintiff's complaint, dated October 6, 2021 (the
"Complaint"), alleges as follows:
"1"
1. Admits the allegations contained in paragraph numbered of the Complaint.
"2"
2. Admits the allegations contained in paragraph numbered of the Complaint,
"3"
3. Admits the allegations contained in paragraph numbered of the Complaint.
"4"
4. Admits the allegations contained in paragraph numbered of the Complaint.
5. Denies having knowledge or information sufficient to form a belief as to the
"5"
allegations contained in paragraph numbered of the Complaint.
"6"
6. Admits the allegations contained in paragraph numbered of the Complaint.
"7"
7. Admits the allegations contained in paragraph numbered of the Complaint.
8. Denies having knowledge or information sufficient to form a belief as to the
"8"
allegations contained in paragraph numbered of the Complaint.
9. Denies having knowledge or information sufficient to form a belief as to the
"9"
allegations contained in paragraph numbered of the Complaint.
10. Denies having knowledge or information sufficient to form a belief as to the
"10"
allegations contained in paragraph numbered of the Complaint.
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
11. Denies having knowledge or information sufficient to form a belief as to the
"11"
allegations contained in paragraph numbered of the Complaint.
12. Denies having knowledge or information sufficient to form a belief as to the
"12"
allegations contained in paragraph numbered of the Complaint except admits that Liffland
entered into a contract of sale for 140 East Main Street to Serafino Realty, LLC.
13. Denies having knowledge or information sufficient to form a belief as to the
"13"
allegations contained in paragraph numbered of the Complaint.
14. Denies having knowledge or information sufficient to form a belief as to the
"14"
allegations contained in paragraph numbered of the Complaint.
15. Denies having knowledge or information sufficient to form a belief as to the
"15"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
16. Denies having knowledge or information sufficient to form a belief as to the
"16"
allegations contained in paragraph numbered of the Complaint
17. Denies having knowledge or information sufficient to form a belief as to the
"17"
allegations contained in paragraph numbered of the Complaint.
18. Denies having knowledge or information sufficient to form a belief as to the
"18"
allegations contained in paragraph numbered of the Complaint and refers to said document(s)
as the best evidence of their meaning and import.
19. Denies having knowledge or information sufficient to form a belief as to the
"19"
allegations contained in paragraph numbered of the Complaint
"20"
20. Admits the allegations contained in paragraph numbered of the Complaint.
"21"
21. Admits the allegations contained in paragraph numbered of the Complaint.
2
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FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
22. Denies having knowledge or information sufficient to form a belief as to the
"22"
allegations contained in paragraph numbered of the Complaint.
23. Denies having knowledge or information sufficient to form a belief as to the
"23"
allegations contained in paragraph numbered of the Complaint.
24. Denies having knowledge or information sufficient to form a belief as to the
"24"
allegations contained in paragraph numbered of the Complaint and refers to said document(s)
as the best evidence of their meaning and import.
25. Denies having knowledge or information sufficient to form a belief as to the
"25"
allegations contained in paragraph numbered of the Complaint except admits that Defendant
conveyed titleto the subject real property to Serafino Realty, LLC.
26. Denies having knowledge or information sufficient to form a belief as to the
"26"
allegations contained in paragraph numbered of the Complaint.
27. Denies having knowledge or information sufficient to form a belief as to the
"27"
allegations contained in paragraph numbered of the Complaint.
28. Denies having knowledge or information sufficient to form a belief as to the
"28"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
29. Denies having knowledge or information sufficient to form a belief as to the
"29"
allegations contained in paragraph numbered of the Complaint and refers to said document(s)
as the best evidence of their meaning and import.
"30"
30. Admit the allegations contained in paragraph numbered of the Complaint.
31. Denies having knowledge or information sufficient to form a belief as to the
"31"
allegations contained in paragraph numbered of the Complaint.
3
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FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
32. Denies having knowledge or information sufficient to form a belief as to the
"32"
allegations contained in paragraph numbered of the Complaint.
33. Denies having knowledge or information sufficient to form a belief as to the
"33"
allegations contained in paragraph numbered of the Complaint.
"34"
34. Denies the allegations contained in paragraph nurñbered of the Complaint and
refers to said document(s) as the best evidence of their meaning and import.
35. Denies having knowledge or information sufficient to form a belief as to the
"35"
allegations contained in paragraph numbered of the Complaint.
36. Denies having knowledge or information sufficient to form a belief as to the
"36"
allegations contained in paragraph numbered of the Complaint.
"37"
37. Admits the allegations contained in paragraph numbered of the Complaint.
38. Denies having knowledge or information sufficient to form a belief as to the
"38"
allegations contained in paragraph numbered of the Complaint.
39. Denies having knowledge or information sufficient to form a belief as to the
"39"
allegations contained in paragraph numbered of the Complaint.
"40"
40. Admits the allegations contained in paragraph numbered of the Complaint.
41. Denies having knowledge or information sufficient to form a belief as to the
"41"
allegations contained in paragraph numbered of the Complaint.
"42"
42. Neither admits nor denies the allegations contained in paragraph numbered of
the Complaint.
43. Denies having knowledge or information sufficient to form a belief as to the
"43"
allegations contained in paragraph numbered of the Coniplaint.
44. Denies having knowledge or information sufficient to form a belief as to the
"44"
allegations contained in paragraph numbered of the Complaint.
4
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
45. Denies having knowledge or information sufficient to form a belief as to the
"45"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
46. Denies having knowledge or information sufficient to form a belief as to the
"46"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
47. Denies having knowledge or information sufficient to form a belief as to the
"47"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
48. Denies having knowledge or information sufficient to form a belief as to the
"48"
allegations contained in paragraph numbered of the Complaint and refers allquestions of law
to the Court.
"49"
49. Denies the allegations contained in paragraph numbered of the Complaint and
refers allquestions of law to the Court.
"50"
50. Neither admits nor denies the allegations contained in paragraph numbered of
the Complaint.
51. Denies having knowledge or information sufficient to form a belief as to the
"51"
allegations contained in paragraph numbered of the Complaint and refers all questions of law
to the Court.
"52"
52. Denies the allegations contained in paragraph numbered of the Complaint and
refers allquestions of law to the Court.
"53"
53. Denies the allegations contained in paragraph numbered of the Complaint and
refers allquestions of law to the Court.
5
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FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
54. The Complaint fails to state a cause of action.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
55. Plaintiff's claims are barred, either in whole or in part, by documentary evidence.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
56. The Complaint has no basis in law or in fact because upon the tender of Liffland's
resignation, Plaintiff's investigation of him no longer pertained to a person presently employed by
Plaintiff within the purview of New York's Public Officers Law.
AS AND FOR A FOURTH AFFIRMATIVE_DEFENSE
57. The payment of Plaintiff's legal fees to engage special counsel to conduct a
statutorily-unauthorized investigation into Liffland's actions in a personal capacity does not serve
the public interest and justify the recoupment of said expenditures from Liffland personally.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
58. Plaintiff has failed to mitigate its damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
59. Plaintiff's claims sound in bad faith.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
60. Plaintiff's claims are frivolous within the purview of New York Civ. Prac. L. and
R. § 8303-a.
[intentionally left blank]
6
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FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021
WHEREFORE, defendant demands a judgment of the Court as follows:
(i) Dismissing the Complaint and each and every cause of action
asserted against him with prejudice;
(ii) For the costs, disbursements, and reasonable attorney's fees of this
action; and
(iii) For such other and further relief as the Court deems just, proper, and
equitable
Dated: Wappingers Falls, New York
December 6, 2021
KENNETH M. S ENGER, ESQ.
STENGER, DIAMOND & GLASS, LLP
1136 Route 9
Wappingers Falls, New York 12590
kstenaer@sdalaw.com
Tel.: (845) 298-2000
Fax: (845) 298-2842
Attorneys for Defendant
To: Kerry Lawrence, Esq.
Law Office of Kerry A. Lawrence, PLLC
140 Grand Street, Suite 705
White Plains, New York 10601
Attorneys for Plaintiff
7
7 of 7
Document Filed Date
December 06, 2021
Case Filing Date
October 12, 2021
Category
Commercial - Other (Viol Vlg Law/Br Fid Duty)
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Preview
FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS VILLAGE OF PAWLING, Index No. 2021-54213 Plaintiff, -against- ANSWER ROBERT LIFFLAND, individually, Defendant. Defendant ROBERT LIFFLAND, individually ("Liffland"), by his attorneys, Stenger, Diamond & Glass, LLP, as and for his answer to plaintiff's complaint, dated October 6, 2021 (the "Complaint"), alleges as follows: "1" 1. Admits the allegations contained in paragraph numbered of the Complaint. "2" 2. Admits the allegations contained in paragraph numbered of the Complaint, "3" 3. Admits the allegations contained in paragraph numbered of the Complaint. "4" 4. Admits the allegations contained in paragraph numbered of the Complaint. 5. Denies having knowledge or information sufficient to form a belief as to the "5" allegations contained in paragraph numbered of the Complaint. "6" 6. Admits the allegations contained in paragraph numbered of the Complaint. "7" 7. Admits the allegations contained in paragraph numbered of the Complaint. 8. Denies having knowledge or information sufficient to form a belief as to the "8" allegations contained in paragraph numbered of the Complaint. 9. Denies having knowledge or information sufficient to form a belief as to the "9" allegations contained in paragraph numbered of the Complaint. 10. Denies having knowledge or information sufficient to form a belief as to the "10" allegations contained in paragraph numbered of the Complaint. 1 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 11. Denies having knowledge or information sufficient to form a belief as to the "11" allegations contained in paragraph numbered of the Complaint. 12. Denies having knowledge or information sufficient to form a belief as to the "12" allegations contained in paragraph numbered of the Complaint except admits that Liffland entered into a contract of sale for 140 East Main Street to Serafino Realty, LLC. 13. Denies having knowledge or information sufficient to form a belief as to the "13" allegations contained in paragraph numbered of the Complaint. 14. Denies having knowledge or information sufficient to form a belief as to the "14" allegations contained in paragraph numbered of the Complaint. 15. Denies having knowledge or information sufficient to form a belief as to the "15" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 16. Denies having knowledge or information sufficient to form a belief as to the "16" allegations contained in paragraph numbered of the Complaint 17. Denies having knowledge or information sufficient to form a belief as to the "17" allegations contained in paragraph numbered of the Complaint. 18. Denies having knowledge or information sufficient to form a belief as to the "18" allegations contained in paragraph numbered of the Complaint and refers to said document(s) as the best evidence of their meaning and import. 19. Denies having knowledge or information sufficient to form a belief as to the "19" allegations contained in paragraph numbered of the Complaint "20" 20. Admits the allegations contained in paragraph numbered of the Complaint. "21" 21. Admits the allegations contained in paragraph numbered of the Complaint. 2 2 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 22. Denies having knowledge or information sufficient to form a belief as to the "22" allegations contained in paragraph numbered of the Complaint. 23. Denies having knowledge or information sufficient to form a belief as to the "23" allegations contained in paragraph numbered of the Complaint. 24. Denies having knowledge or information sufficient to form a belief as to the "24" allegations contained in paragraph numbered of the Complaint and refers to said document(s) as the best evidence of their meaning and import. 25. Denies having knowledge or information sufficient to form a belief as to the "25" allegations contained in paragraph numbered of the Complaint except admits that Defendant conveyed titleto the subject real property to Serafino Realty, LLC. 26. Denies having knowledge or information sufficient to form a belief as to the "26" allegations contained in paragraph numbered of the Complaint. 27. Denies having knowledge or information sufficient to form a belief as to the "27" allegations contained in paragraph numbered of the Complaint. 28. Denies having knowledge or information sufficient to form a belief as to the "28" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 29. Denies having knowledge or information sufficient to form a belief as to the "29" allegations contained in paragraph numbered of the Complaint and refers to said document(s) as the best evidence of their meaning and import. "30" 30. Admit the allegations contained in paragraph numbered of the Complaint. 31. Denies having knowledge or information sufficient to form a belief as to the "31" allegations contained in paragraph numbered of the Complaint. 3 3 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 32. Denies having knowledge or information sufficient to form a belief as to the "32" allegations contained in paragraph numbered of the Complaint. 33. Denies having knowledge or information sufficient to form a belief as to the "33" allegations contained in paragraph numbered of the Complaint. "34" 34. Denies the allegations contained in paragraph nurñbered of the Complaint and refers to said document(s) as the best evidence of their meaning and import. 35. Denies having knowledge or information sufficient to form a belief as to the "35" allegations contained in paragraph numbered of the Complaint. 36. Denies having knowledge or information sufficient to form a belief as to the "36" allegations contained in paragraph numbered of the Complaint. "37" 37. Admits the allegations contained in paragraph numbered of the Complaint. 38. Denies having knowledge or information sufficient to form a belief as to the "38" allegations contained in paragraph numbered of the Complaint. 39. Denies having knowledge or information sufficient to form a belief as to the "39" allegations contained in paragraph numbered of the Complaint. "40" 40. Admits the allegations contained in paragraph numbered of the Complaint. 41. Denies having knowledge or information sufficient to form a belief as to the "41" allegations contained in paragraph numbered of the Complaint. "42" 42. Neither admits nor denies the allegations contained in paragraph numbered of the Complaint. 43. Denies having knowledge or information sufficient to form a belief as to the "43" allegations contained in paragraph numbered of the Coniplaint. 44. Denies having knowledge or information sufficient to form a belief as to the "44" allegations contained in paragraph numbered of the Complaint. 4 4 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 45. Denies having knowledge or information sufficient to form a belief as to the "45" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 46. Denies having knowledge or information sufficient to form a belief as to the "46" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 47. Denies having knowledge or information sufficient to form a belief as to the "47" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 48. Denies having knowledge or information sufficient to form a belief as to the "48" allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. "49" 49. Denies the allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. "50" 50. Neither admits nor denies the allegations contained in paragraph numbered of the Complaint. 51. Denies having knowledge or information sufficient to form a belief as to the "51" allegations contained in paragraph numbered of the Complaint and refers all questions of law to the Court. "52" 52. Denies the allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. "53" 53. Denies the allegations contained in paragraph numbered of the Complaint and refers allquestions of law to the Court. 5 5 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 54. The Complaint fails to state a cause of action. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 55. Plaintiff's claims are barred, either in whole or in part, by documentary evidence. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 56. The Complaint has no basis in law or in fact because upon the tender of Liffland's resignation, Plaintiff's investigation of him no longer pertained to a person presently employed by Plaintiff within the purview of New York's Public Officers Law. AS AND FOR A FOURTH AFFIRMATIVE_DEFENSE 57. The payment of Plaintiff's legal fees to engage special counsel to conduct a statutorily-unauthorized investigation into Liffland's actions in a personal capacity does not serve the public interest and justify the recoupment of said expenditures from Liffland personally. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 58. Plaintiff has failed to mitigate its damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 59. Plaintiff's claims sound in bad faith. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 60. Plaintiff's claims are frivolous within the purview of New York Civ. Prac. L. and R. § 8303-a. [intentionally left blank] 6 6 of 7 FILED: DUTCHESS COUNTY CLERK 12/06/2021 03:06 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/06/2021 WHEREFORE, defendant demands a judgment of the Court as follows: (i) Dismissing the Complaint and each and every cause of action asserted against him with prejudice; (ii) For the costs, disbursements, and reasonable attorney's fees of this action; and (iii) For such other and further relief as the Court deems just, proper, and equitable Dated: Wappingers Falls, New York December 6, 2021 KENNETH M. S ENGER, ESQ. STENGER, DIAMOND & GLASS, LLP 1136 Route 9 Wappingers Falls, New York 12590 kstenaer@sdalaw.com Tel.: (845) 298-2000 Fax: (845) 298-2842 Attorneys for Defendant To: Kerry Lawrence, Esq. Law Office of Kerry A. Lawrence, PLLC 140 Grand Street, Suite 705 White Plains, New York 10601 Attorneys for Plaintiff 7 7 of 7