Preview
FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
________________________________________________
CITIBANK, N.A., ANSWER
Plaintiff, Index No. EF2021146
vs.
CARLOS FUENTES,
Defendant.
________________________________________________
Defendant, CARLOS FUENTES, by and through his attorneys, Law Offices of Robert S.
Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the
Plaintiff’s Complaint, states the following upon information and belief:
1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on
that basis.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on
that basis.
AS TO FIRST CAUSE OF ACTION
1. Paragraph 1 does not contain any allegations which require a response; to the extent that it
does contain allegations requiring a response, however, Defendant DENIES them.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on
that basis.
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FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021
3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations on
that basis.
4. Defendant DENIES to the allegations set forth in Paragraph 4.
5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 5 and, therefore, DENIES the allegations on
that basis.
6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 6 and, therefore, DENIES the allegations on
that basis.
AS TO SECOND CAUSE OF ACTION
7. Paragraph 7 does not contain any allegations which require a response; to the extent that
it does contain allegations requiring a response, however, Defendant DENIES them.
8. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 8 and, therefore, DENIES the allegations
on that basis.
AS TO THIRD CAUSE OF ACTION
9. Paragraph 9 does not contain any allegations which require a response; to the extent that
it does contain allegations requiring a response, however, Defendant DENIES them.
10. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 10 and, therefore, DENIES the allegations
on that basis.
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FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021
AFFIRMATIVE DEFENSES
First Affirmative Defense
The Complaint fails to state a claim against Defendant upon which relief can be granted.
Second Affirmative Defense
Defendant denies the amounts claimed by Plaintiff and the remaining allegations.
Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of
all alleged purchases, charges, credits, offsets and payments to the alleged account.
Third Affirmative Defense
Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper
charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that
these charges created an unconscionable contract and that allowing Plaintiff to collect these
amounts would be inequitable and against public policy.
Fourth Affirmative Defense
Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a
result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt,
making performance of any obligation impossible.
Fifth Affirmative Defense
This action is barred by the statute of limitations.
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FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021
Sixth Affirmative Defense
Plaintiff’s claims are barred by estoppel, unclean hands, and waiver.
Seventh Affirmative Defense
Defendant did not breach any duty or obligation allegedly owed to Plaintiff.
Eighth Affirmative Defense
Plaintiff’s claims are barred by its failure to satisfy all conditions precedent.
Ninth Affirmative Defense
Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s
damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants.
Tenth Affirmative Defense
Defendant reserves the right to assert additional defenses as discovery progresses.
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FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021
PRAYER FOR RELIEF
WHEREFORE, the Defendant prays for relief from this Honorable Court as follows:
A. That the Plaintiff takes nothing by way of this Complaint,
B. To dismiss the Complaint with prejudice based upon the admissions,
denials, and defenses as alleged herein,
C. To award the Defendant’s costs, and
D. To award the Defendant such other and further relief as this Court deems
just and equitable.
Respectfully Submitted,
/s/ Louis Greco_______
Louis Greco, Esq.
Attorney for Defendant
Law Offices of Robert S. Gitmeid &
Assoc., PLLC
11 Broadway, Suite 960
New York, NY 10004
Tel: (212) 226-5081
Fax: (212) 208-2591
TO: CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
CC: CHRISTOPHER MOUNT
TENAGLIA & HUNT, P.A.
Attorneys for Plaintiff
5 Penn Plaza, 23rd Fl
New York, N.Y. 10001
Tel. (201) 820-6001
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Preview
FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA ________________________________________________ CITIBANK, N.A., ANSWER Plaintiff, Index No. EF2021146 vs. CARLOS FUENTES, Defendant. ________________________________________________ Defendant, CARLOS FUENTES, by and through his attorneys, Law Offices of Robert S. Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the Plaintiff’s Complaint, states the following upon information and belief: 1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on that basis. 2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on that basis. AS TO FIRST CAUSE OF ACTION 1. Paragraph 1 does not contain any allegations which require a response; to the extent that it does contain allegations requiring a response, however, Defendant DENIES them. 2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on that basis. 1 of 5 FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021 3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations on that basis. 4. Defendant DENIES to the allegations set forth in Paragraph 4. 5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 5 and, therefore, DENIES the allegations on that basis. 6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 6 and, therefore, DENIES the allegations on that basis. AS TO SECOND CAUSE OF ACTION 7. Paragraph 7 does not contain any allegations which require a response; to the extent that it does contain allegations requiring a response, however, Defendant DENIES them. 8. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 8 and, therefore, DENIES the allegations on that basis. AS TO THIRD CAUSE OF ACTION 9. Paragraph 9 does not contain any allegations which require a response; to the extent that it does contain allegations requiring a response, however, Defendant DENIES them. 10. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 10 and, therefore, DENIES the allegations on that basis. 2 of 5 FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021 AFFIRMATIVE DEFENSES First Affirmative Defense The Complaint fails to state a claim against Defendant upon which relief can be granted. Second Affirmative Defense Defendant denies the amounts claimed by Plaintiff and the remaining allegations. Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account. Third Affirmative Defense Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges created an unconscionable contract and that allowing Plaintiff to collect these amounts would be inequitable and against public policy. Fourth Affirmative Defense Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt, making performance of any obligation impossible. Fifth Affirmative Defense This action is barred by the statute of limitations. 3 of 5 FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021 Sixth Affirmative Defense Plaintiff’s claims are barred by estoppel, unclean hands, and waiver. Seventh Affirmative Defense Defendant did not breach any duty or obligation allegedly owed to Plaintiff. Eighth Affirmative Defense Plaintiff’s claims are barred by its failure to satisfy all conditions precedent. Ninth Affirmative Defense Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants. Tenth Affirmative Defense Defendant reserves the right to assert additional defenses as discovery progresses. 4 of 5 FILED: SARATOGA COUNTY CLERK 02/19/2021 12:30 PM INDEX NO. EF2021146 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/19/2021 PRAYER FOR RELIEF WHEREFORE, the Defendant prays for relief from this Honorable Court as follows: A. That the Plaintiff takes nothing by way of this Complaint, B. To dismiss the Complaint with prejudice based upon the admissions, denials, and defenses as alleged herein, C. To award the Defendant’s costs, and D. To award the Defendant such other and further relief as this Court deems just and equitable. Respectfully Submitted, /s/ Louis Greco_______ Louis Greco, Esq. Attorney for Defendant Law Offices of Robert S. Gitmeid & Assoc., PLLC 11 Broadway, Suite 960 New York, NY 10004 Tel: (212) 226-5081 Fax: (212) 208-2591 TO: CLERK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA CC: CHRISTOPHER MOUNT TENAGLIA & HUNT, P.A. Attorneys for Plaintiff 5 Penn Plaza, 23rd Fl New York, N.Y. 10001 Tel. (201) 820-6001 5 of 5