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FILED: ROCKLAND COUNTY CLERK 07/23/2012 INDEX NO. 034293/2011
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2012
Exhibit D
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ROCKLAND
M&T BANK.
Plaintiff. Index No.: 034293/20 1 1
vs.
GLOBAL SIGN CLEANING &
MAINTENANCE INC., and
SHAYA BROWN,
Defendants.
VERIFIED REPLY TO COUNTERCLAIMS
WITH AFFIRMATIVE DEFENSES
Plaintiff, M&T Bank Corporation (“M&T Bank”), by and through its
attorneys, Rupp. Baase, Pfalzgraf, Cunningham & Coppola LLC. as and for itsverifed
reply to the counterclaims of the defendants, alleges as follows:
1. Denies the allegations contained in paragraphs 21 and 22 of the
defendants’ counterclaims.
2. Denies each and every other allegation contained in defendants’
counterclaims not hereinbefore specifically admitted, denied, or otherwise addressed.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
3. Defendants’ counterclaims fail to state a cause of action upon
which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
4. Plaintiff has defenses to defendants’ counterclaims founded upon
documentary evidence.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
5. Plaintiff fully performed and complied with all of the terms and
conditions of its agreements with defendants.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
6. Defendants breached their contractual obligations by failing to
perform some or all of their obligations under the agreements with plaintiff.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
7. Plaintiff has not breached any obligations owing to defendants.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
8. Upon information and belief, defendants failed to mitigate any
damages they claim to have suffered or incurred.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
9. Any damages allegedly due defendants are barred by application of
the doctrines of setoff and/or recoupment.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
10. Defendants’ counterclaims are barred by virtue of their own acts or
omissions.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
11. Defendants’ counterclaims are designed solely to harass, annoy, or
intimidate the plaintiff.
-3-
WI-IEREFORE, plaintiff demands dismissal of the counterclaims of
defendants in their entirety, along with judgment against the defendants as follows:
(1) On its first cause of action, jointly and severally, as against
defendants in the total amount of $33,533.20, plus accrued
interest, costs, disbursements and attorneys’ fees;
(2) On itssecond cause of action, joint and severally, as against
defendants in the principal amount of $28,136.82, together
with interest thereon;
(3) The costs and disbursements of this action, together with
any other or further relief as the Court may deem just and
proper.
Dated: March 16, 2012
Buffalo, New York
RUPP, BAASE, PFALZGRAF,
CUNNINGHAM & COPPOLA LLC
Attorneys for Plaintiff
M&T Bank
By: //
Kyle’C. DiDone,
!
Esq.
1600 Liberty Building
Buffalo. New York 14202-3502
(716) 854-3400
-4-
VERIFICATION
STATE OF NEW YORK)
ss:
COUNTY OF ERIE
Norma Paolini. being duly sworn deposes and says that he is a Banking
Officer of M&T Bank. the plaintiff in the above-captioned action. I have read the
foregoing verified reply to counterclaims with affirmative defenses and know its
contents. The document is true to my own knowledge, except as to matters stated to be
on information and belief, and as to those matters. I believe them to be true.
Deponent further says that the reason this verification is made by deponent
and not by M&T Bank is because the said M&T Bank is a corporation and the grounds of
deponent’s belief as to all matters in the verified reply to counterclaims with affirmative
defenses not stated upon his own knowledge, are investigations which deponent has
caused to he made concerning the subject matter of this verified reply to counterclaims
with affirmative defenses and information acquired by deponent in the course of his
duties as an officer of said corporation and from the books and papers of said corporation.
1
N5rma Paolini/Banking Officer * /[
-tt c”
On this day of March, 2012 before me personally came Norma
Paolini who, being duly sworn, deposed and said that she isa Banking Officer of
M&T Bank and that she has read the foregoing verified reply to counterclaims with
affirmative defenses, that she knows the contents thereof and that she has affixed her
name with all requisite authority on behalf of M&T Bank.
Niary Public ,.. .,
e
CGUflt
—
Wr*t ‘
Ofl
Caa
IH — yuu rdge 1 01 1
The NYSCEF site has successfully received your c-filed document(s). A receipt will be e-mailed to
you shortly.
Date FilingsReceived: 03/21/2012 8:31 AM
Case Summary
Court: Rockland County Supreme Court
Type: Commercial
Index/Claim #: 034293/2011
Short Caption: M&T Bank
fuHcapuon vs
Global Sign Cleaning & Maintenance Inc., et al
View Case Details
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consented OR in a mandatory case, a Notice of Commencement of Mandatory E-Filed Case.
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Document Document Type Special Secure Contains Motion Fee
No. Description Instructions SSN No.
REPLY TO COUNTERCLAIM
5 No No +$OOO
Total Fees $0.00
Home>
https://iapps.courts.state.ny.us/nyscefiThankYou /2 1/2012
NYSCEF - Rockland County Supreme Court
Confirmation Notice
This is an automated response for Supreme Court / Court of Claims cases. The NYSCEF site has
received your electronically flied document(s) for:
M&T Bank -v. -Global Sign Cleaning & Maintenance Inc. et al
034293/2011
Documents Received
Doc # Document Type Motion # Date Received
5 REPLY TO COUNTERCLAIM(S) 03/21/2012 08:31 AM
Filing User
Name: KYLE C DIDONE
Phone 716-854-3400 E-mail Address: didone@ruppbaase.com
Fax #: 716-332-0336 Work Address: 1600 Liberty Building
Buffalo, NY 14202
Email Notifications
An e-mail notificationregarding this filinghas been sent to the following address(es) on
03/21/2012 08:31 AM:
DIDONE, KYLE C - didone@ruppbaase.com
NOTE: If submitting a working copy of this filing to the court, you must include
as a notification page firmly affixed thereto a copy of this Confirmation Notice.
E-mail: EFilenycourts.gov Phone: (646) 386-3033 Fax: (212) 401-9146 website: www.nycourts.gov/efile
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FILED: ROCKLAND COUNTY CLERK 07/23/2012 INDEX NO. 034293/2011 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/23/2012 Exhibit D STATE OF NEW YORK SUPREME COURT : COUNTY OF ROCKLAND M&T BANK. Plaintiff. Index No.: 034293/20 1 1 vs. GLOBAL SIGN CLEANING & MAINTENANCE INC., and SHAYA BROWN, Defendants. VERIFIED REPLY TO COUNTERCLAIMS WITH AFFIRMATIVE DEFENSES Plaintiff, M&T Bank Corporation (“M&T Bank”), by and through its attorneys, Rupp. Baase, Pfalzgraf, Cunningham & Coppola LLC. as and for itsverifed reply to the counterclaims of the defendants, alleges as follows: 1. Denies the allegations contained in paragraphs 21 and 22 of the defendants’ counterclaims. 2. Denies each and every other allegation contained in defendants’ counterclaims not hereinbefore specifically admitted, denied, or otherwise addressed. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 3. Defendants’ counterclaims fail to state a cause of action upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 4. Plaintiff has defenses to defendants’ counterclaims founded upon documentary evidence. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 5. Plaintiff fully performed and complied with all of the terms and conditions of its agreements with defendants. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 6. Defendants breached their contractual obligations by failing to perform some or all of their obligations under the agreements with plaintiff. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 7. Plaintiff has not breached any obligations owing to defendants. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 8. Upon information and belief, defendants failed to mitigate any damages they claim to have suffered or incurred. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 9. Any damages allegedly due defendants are barred by application of the doctrines of setoff and/or recoupment. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 10. Defendants’ counterclaims are barred by virtue of their own acts or omissions. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 11. Defendants’ counterclaims are designed solely to harass, annoy, or intimidate the plaintiff. -3- WI-IEREFORE, plaintiff demands dismissal of the counterclaims of defendants in their entirety, along with judgment against the defendants as follows: (1) On its first cause of action, jointly and severally, as against defendants in the total amount of $33,533.20, plus accrued interest, costs, disbursements and attorneys’ fees; (2) On itssecond cause of action, joint and severally, as against defendants in the principal amount of $28,136.82, together with interest thereon; (3) The costs and disbursements of this action, together with any other or further relief as the Court may deem just and proper. Dated: March 16, 2012 Buffalo, New York RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA LLC Attorneys for Plaintiff M&T Bank By: // Kyle’C. DiDone, ! Esq. 1600 Liberty Building Buffalo. New York 14202-3502 (716) 854-3400 -4- VERIFICATION STATE OF NEW YORK) ss: COUNTY OF ERIE Norma Paolini. being duly sworn deposes and says that he is a Banking Officer of M&T Bank. the plaintiff in the above-captioned action. I have read the foregoing verified reply to counterclaims with affirmative defenses and know its contents. The document is true to my own knowledge, except as to matters stated to be on information and belief, and as to those matters. I believe them to be true. Deponent further says that the reason this verification is made by deponent and not by M&T Bank is because the said M&T Bank is a corporation and the grounds of deponent’s belief as to all matters in the verified reply to counterclaims with affirmative defenses not stated upon his own knowledge, are investigations which deponent has caused to he made concerning the subject matter of this verified reply to counterclaims with affirmative defenses and information acquired by deponent in the course of his duties as an officer of said corporation and from the books and papers of said corporation. 1 N5rma Paolini/Banking Officer * /[ -tt c” On this day of March, 2012 before me personally came Norma Paolini who, being duly sworn, deposed and said that she isa Banking Officer of M&T Bank and that she has read the foregoing verified reply to counterclaims with affirmative defenses, that she knows the contents thereof and that she has affixed her name with all requisite authority on behalf of M&T Bank. Niary Public ,.. ., e CGUflt — Wr*t ‘ Ofl Caa IH — yuu rdge 1 01 1 The NYSCEF site has successfully received your c-filed document(s). A receipt will be e-mailed to you shortly. Date FilingsReceived: 03/21/2012 8:31 AM Case Summary Court: Rockland County Supreme Court Type: Commercial Index/Claim #: 034293/2011 Short Caption: M&T Bank fuHcapuon vs Global Sign Cleaning & Maintenance Inc., et al View Case Details Receipt and Notices Alldocuments open as PDF in a new window, Dont have a PDF viewer? - Download Adobe Reader Je/Pnrt Jew/P’”nt e-Filing Notice Confirmation Notice e-Filing Notice: You must print a Notice Regarding Availability of E-Filing toserve on each party that has not consented OR in a mandatory case, a Notice of Commencement of Mandatory E-Filed Case. Confirmation Notice: If submitting a working copy of this filing tothe court, you must include as a notificationpage firmly fastened thereto a copy of this Confirmation Notice. Documents Filed To view a document, ccck the Document huk. Document Document Type Special Secure Contains Motion Fee No. Description Instructions SSN No. REPLY TO COUNTERCLAIM 5 No No +$OOO Total Fees $0.00 Home> https://iapps.courts.state.ny.us/nyscefiThankYou /2 1/2012 NYSCEF - Rockland County Supreme Court Confirmation Notice This is an automated response for Supreme Court / Court of Claims cases. The NYSCEF site has received your electronically flied document(s) for: M&T Bank -v. -Global Sign Cleaning & Maintenance Inc. et al 034293/2011 Documents Received Doc # Document Type Motion # Date Received 5 REPLY TO COUNTERCLAIM(S) 03/21/2012 08:31 AM Filing User Name: KYLE C DIDONE Phone 716-854-3400 E-mail Address: didone@ruppbaase.com Fax #: 716-332-0336 Work Address: 1600 Liberty Building Buffalo, NY 14202 Email Notifications An e-mail notificationregarding this filinghas been sent to the following address(es) on 03/21/2012 08:31 AM: DIDONE, KYLE C - didone@ruppbaase.com NOTE: If submitting a working copy of this filing to the court, you must include as a notification page firmly affixed thereto a copy of this Confirmation Notice. E-mail: EFilenycourts.gov Phone: (646) 386-3033 Fax: (212) 401-9146 website: www.nycourts.gov/efile Page 1 of I