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FILED: ROCKLAND COUNTY CLERK 07/23/2012 INDEX NO. 034293/2011
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 07/23/2012
Exhibit C
STATE OF NEW YORK
SUPR EME COU RT: COUNTY OF ROCKLAND
x
M&T BANK, INDEX NO,:
Plaintiff, 34293/2011
-against- ANSWER
VERIFIED
GLOBAL SIGN CLEANING & MAINTENANCE, INC
and SHAYA BROWN,
Defendants
x
SIGN CLEA NING & MAIN TENANCE, INC. and
Defendants, GLOBAL
by their attorneys, HANIG SCHUTZMAN, LLP, in response
SHAYA BROWN,
Verified Complaint dated November 30, 2011, allege the following
to Plaintiff’s
upon information and belief:
the allegations of puragraph “1” of the Complaint for want of
1. Deny
and information sufficient to form a belief as to the truth
knowledge
thereof.
2. Deny the allegatiors of paragraph “2” and “3’ of the Complaint.
FACTUAL BACKGROUND
Object as the document speaks for itself, otherwise deny the
3.
allegations of paragraph “4’ of the Complaint.
FIRST CAUSE OF ACTION
(Breach of Contract)
In response to paragraph “5” of the Complaint, Defendants repeat
4.
reiIlege as if fullyset forth herein paragraphs “1” through “4 of
and
the Complaint.
6. Deny the allegations of paragraphs “6”, “7’ and “8” of the
Complaint.
SECOND CAUSE OF ACTION
(Unjust Enrichment)
7. In response to paragraph “9” of the Complaint, Defendants repeat
and reallege as if fullyset forth herein paragraphs “1” through “6” of
the Complaint.
8 Deny the allegations of paragraphs “10” and “1 1” of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. Plaintiff failed to acquire Jurisdiction over Defendant’s person due
to improper and/or no sen,ice.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. No documents are attached to the Complaint to prove the Plaintiff’s
allegations; as a result, the Plaintiffs claims are frivolous.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. The Complaint fails to state a cause of action upon which relief may
be granted.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
12 Plaintiff as a debt collector failed to send a written debt validation
notice to defendant within five (5) days of its initial communication
attempting to collect its alleged debt as required by 15 USC 1692g
§ 809(a).
FOR A FIFTH AFFIRMATIVE DEFENSE
AS AND
from suit based on the doctrine of equitable
1 3. Plaintiff is precluded
estoppel and waiver.
AND FOR A SIXTH AFFIRMATIVE DEFENSE
AS
wholly or in part by the doctrine of
14. Plaintiff’s claims are barred
laches.
FOR AN SEVENTH AFFIRMATIVE DEFENSE
AS AND
from suit based on the doctrine of unjust
15. Plaintiff is precluded
enrichment.
FOR A EIGHTH AFFiRMATIVE DEFENSE
AS AND
of its covenant of good faith and fair dealing.
16. Plaintiff is in violation
AND FOR AN NINTH AFFIRMATIVE DEFENSE
AS
and belief, Plaintiff’s rate of interest combined
17. Upon information
and other charges exceeded the rate of
with penalties and late fees
State of New York. Accordingly, the relief
interest permissible in the
would be unconscionable if granted.
plaintiff seeks
AND FOR A TENTH AFFIRMATIVE DEFENSE
AS
between Plaintiff and Defendant as Defendant
18. There is no privity
never entered in any contractual or debtor! creditor agreements
with Plaintiff.
FOR A ELEVENTH AFFIRMATIVE DEFENSE
AS AND
legal standing to sue on the matters complained
19. Plaintiff lacks the
herein.
A TWELFTH AFFIRMATIVE DEFENSE
AS AND FOR
is not entitled to any attorneys fees.
20. Plaintiff
FOR DEFENDANT’S FIRST COUNTERCLAIM
AS AND
the alleged debt as required by the
21. Plaintiff failed to properly validate
Act, causing substantial damage to
Fair Debt Collection Practices
arising out of the cost of defending this
Defendants, including damages
amount of which is not yet known but
action and credit libel, etc., the
the amount sued for herein by Plaintiff.
which is estimated to be in at least
FOR DEFENDANT’S SECOND COUNTERCLAIM
AS AND
with Defendant’s contractual relations,
22. Plaintiff tortiously interfered
to Defendant in an amount to be determined
causing substantial damage
at the trial of this matter.
GLOBAL SIGN CLEANING &
WHEREFORE, Defendants
and SHAYA BROWN respectfully demand judgment
MAINTENANCE, INC.
against M&T BANK, as follows:
prejudice together with costs and
(a) Dismissing the Complaint with
in connection with this action;
disbursements
of Defendants’ Affirmative Defenses and
(b) Damages on all
in sums to be determined at trial, and
Counterclaims
Court deems just and proper.
(c) Such other and further relief that this
Dated: Poughkeepsie, NY
March 13, 2012
ADRIENNE ODIERNA, ESQ.
Attorneys for Defendants
22 IBM Road, Suite 210
Poughkeepsie, NY 12601
(845) 471-7177
To: RUPP, BAASE, PFALZGRAF,
CUNNINGHAM & COPPOLA, LLC
Attorneys for Plaintiff
1600 Liberty Building
Buffalo, NY 14202-3502
(716) 854-3400
______________________NotarY
\
E
T RIFICATION
STATE OF NEW YORK )
) SS:
COTJNTY OF KINGS )
Shaya Brown, being duly affirmed deposes and says that I am a defendant herein and a
managing member of Global Sign Cleaning & Maintenance Inc., the Corporation named in the
within entitled action, duly authorized to make this Verification; That Ihave read the within Verified
Answer and know the contents thereof; That the same is true to my knowledge, except to those
matters which are stated to be alleged on information and belief, and as to those matters, I believe
them to be true.
Dated: Brooklyn, New York
Shaya3’rown
Affirmed to before me this
1EDMA
1CHAE1e of New
pub’ 76443
IFR
Notary uic flgSC0’h1tY
K
s
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. 17 RECEIVED NYSCEF: 07/23/2012 Exhibit C STATE OF NEW YORK SUPR EME COU RT: COUNTY OF ROCKLAND x M&T BANK, INDEX NO,: Plaintiff, 34293/2011 -against- ANSWER VERIFIED GLOBAL SIGN CLEANING & MAINTENANCE, INC and SHAYA BROWN, Defendants x SIGN CLEA NING & MAIN TENANCE, INC. and Defendants, GLOBAL by their attorneys, HANIG SCHUTZMAN, LLP, in response SHAYA BROWN, Verified Complaint dated November 30, 2011, allege the following to Plaintiff’s upon information and belief: the allegations of puragraph “1” of the Complaint for want of 1. Deny and information sufficient to form a belief as to the truth knowledge thereof. 2. Deny the allegatiors of paragraph “2” and “3’ of the Complaint. FACTUAL BACKGROUND Object as the document speaks for itself, otherwise deny the 3. allegations of paragraph “4’ of the Complaint. FIRST CAUSE OF ACTION (Breach of Contract) In response to paragraph “5” of the Complaint, Defendants repeat 4. reiIlege as if fullyset forth herein paragraphs “1” through “4 of and the Complaint. 6. Deny the allegations of paragraphs “6”, “7’ and “8” of the Complaint. SECOND CAUSE OF ACTION (Unjust Enrichment) 7. In response to paragraph “9” of the Complaint, Defendants repeat and reallege as if fullyset forth herein paragraphs “1” through “6” of the Complaint. 8 Deny the allegations of paragraphs “10” and “1 1” of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. Plaintiff failed to acquire Jurisdiction over Defendant’s person due to improper and/or no sen,ice. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. No documents are attached to the Complaint to prove the Plaintiff’s allegations; as a result, the Plaintiffs claims are frivolous. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. The Complaint fails to state a cause of action upon which relief may be granted. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 12 Plaintiff as a debt collector failed to send a written debt validation notice to defendant within five (5) days of its initial communication attempting to collect its alleged debt as required by 15 USC 1692g § 809(a). FOR A FIFTH AFFIRMATIVE DEFENSE AS AND from suit based on the doctrine of equitable 1 3. Plaintiff is precluded estoppel and waiver. AND FOR A SIXTH AFFIRMATIVE DEFENSE AS wholly or in part by the doctrine of 14. Plaintiff’s claims are barred laches. FOR AN SEVENTH AFFIRMATIVE DEFENSE AS AND from suit based on the doctrine of unjust 15. Plaintiff is precluded enrichment. FOR A EIGHTH AFFiRMATIVE DEFENSE AS AND of its covenant of good faith and fair dealing. 16. Plaintiff is in violation AND FOR AN NINTH AFFIRMATIVE DEFENSE AS and belief, Plaintiff’s rate of interest combined 17. Upon information and other charges exceeded the rate of with penalties and late fees State of New York. Accordingly, the relief interest permissible in the would be unconscionable if granted. plaintiff seeks AND FOR A TENTH AFFIRMATIVE DEFENSE AS between Plaintiff and Defendant as Defendant 18. There is no privity never entered in any contractual or debtor! creditor agreements with Plaintiff. FOR A ELEVENTH AFFIRMATIVE DEFENSE AS AND legal standing to sue on the matters complained 19. Plaintiff lacks the herein. A TWELFTH AFFIRMATIVE DEFENSE AS AND FOR is not entitled to any attorneys fees. 20. Plaintiff FOR DEFENDANT’S FIRST COUNTERCLAIM AS AND the alleged debt as required by the 21. Plaintiff failed to properly validate Act, causing substantial damage to Fair Debt Collection Practices arising out of the cost of defending this Defendants, including damages amount of which is not yet known but action and credit libel, etc., the the amount sued for herein by Plaintiff. which is estimated to be in at least FOR DEFENDANT’S SECOND COUNTERCLAIM AS AND with Defendant’s contractual relations, 22. Plaintiff tortiously interfered to Defendant in an amount to be determined causing substantial damage at the trial of this matter. GLOBAL SIGN CLEANING & WHEREFORE, Defendants and SHAYA BROWN respectfully demand judgment MAINTENANCE, INC. against M&T BANK, as follows: prejudice together with costs and (a) Dismissing the Complaint with in connection with this action; disbursements of Defendants’ Affirmative Defenses and (b) Damages on all in sums to be determined at trial, and Counterclaims Court deems just and proper. (c) Such other and further relief that this Dated: Poughkeepsie, NY March 13, 2012 ADRIENNE ODIERNA, ESQ. Attorneys for Defendants 22 IBM Road, Suite 210 Poughkeepsie, NY 12601 (845) 471-7177 To: RUPP, BAASE, PFALZGRAF, CUNNINGHAM & COPPOLA, LLC Attorneys for Plaintiff 1600 Liberty Building Buffalo, NY 14202-3502 (716) 854-3400 ______________________NotarY \ E T RIFICATION STATE OF NEW YORK ) ) SS: COTJNTY OF KINGS ) Shaya Brown, being duly affirmed deposes and says that I am a defendant herein and a managing member of Global Sign Cleaning & Maintenance Inc., the Corporation named in the within entitled action, duly authorized to make this Verification; That Ihave read the within Verified Answer and know the contents thereof; That the same is true to my knowledge, except to those matters which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. Dated: Brooklyn, New York Shaya3’rown Affirmed to before me this 1EDMA 1CHAE1e of New pub’ 76443 IFR Notary uic flgSC0’h1tY K s 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