Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 06/02/2021
EXHIBIT D
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF INDEX NO. EF2018-00001369
|FILEDDOC.: NO.
JEF 142
FERSON COUNTY CLERK 07 / O 9 /2 018 11: 43 RECEIVED NYSCEF: 06/02/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018
STATE OF NEW YORK COUNTY OF JEFFERSON
SUPREME COURT
KENNETH MILLER
Plaintiff,
-against-
ANSWER
CHARLES PETER HUNKELE, JR.
DAVID STROTHERS
Defendants, INDEX No.2018-1369
RJI No:
__
David A. Renzi, as Attorney for Defendant, in response to Plaintiffs
COMPLAINT, responds as follows;
1. Admits to the allegations complained of in paragraphs 4.
2. Lacks knowledge sufficient to form a belief to the allegations complained of in
paragraphs 1, 3, 6, 13, 18, 25 and 33.
3. Denies the allegations complained of in paragraphs 2, 9, 11, 12, 15, 19, 20, 21,
22, 23, 24, 28, 29, 30, 31, 32, and 36.
4. Denies the allegations complained of in paragraphs 5, 7, 8, 10, 14, 16, 17, 26, 27,
34, and 35 and of the Complaint on the grounds that such allegations incorporate
conclusions of law, and that in fact are not allegations at all, but demands.
they
5. Denies each and other allegation not herein specifically admitted,
every
denied, or otherwise controverted.
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FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF DOC.: NO. INDEX NO. EF2018-00001369
[F ILED JEF 142
FERSON COUNTY CLERK 07 /O 9 /2 018 11: 43 AM RECEIVED NYSCEF: 06/02/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018
AS AND FOR A FIRST
AFFIRMATIVE DEFENSE
6. The purported rights Plaintiff alleges from a Deed dated 11/05/1984, recorded
July 29, 1987, Liber 1081 at page 246, for use of a purported recreational easement, were
subject to the sale of the same (property) by grantor (Edith Roeschlaub).
7. That sale has since occurred; those purported recreational rights have
long
long since lapsed and been extinguished/removed.
8. That there is no recreational area in existence, and any claimed rights against
Defendant is a misapplication of any prior temporary right.
AS AND FOR A SECOND
AFFIRMATIVE DEFENSE
9. That upon information and belief, Plaintiff's entirely failed to comply with the
requisite duties of compliance (as outlined in Deed Liber 1081 page 246) with rules,
regulations, special permission for use, obtaining special booking for use, and
acquiring
at no point contributed to the maintenance costs for the recreational area prior to, or
subsequent to, those rights lapsing and being extinguished.
WHEREFORE, defendant demands judgment as follows:
1. That the Complaint be dismissed in its entirety, and.
2. For such other and relief as the court may deem just.
Dated: July 1 2018 ,
David
.
A. Esq.
Renzi,
Attorney for Defendant
BROWN, DIERDORF and RENZI
165 Mullin Street
Watertown, New York 13601
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FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369
NYSCEF INDEX NO. EF2018-00001369
|FILED:DOC. NO.
JEF 142
FERSON COUNTY CLERK 07 /09/2018 11: 43 AM RECEIVED NYSCEF: 06/02/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018
INDIVIDUAL VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF JEFFERSON )
CHARLES P. HUNKELE, JR., being duly sworn, deposes and says;
1. That deponent is the defendant in the within action
2. That deponent has read the foregoing ANSWER and knows the content
thereof.
3. That the same is true to deponents own knowledge except as to the material
therein stated to be on inforrnation and belief, and as to those rnatters, deponent believes
it to be true.
Date: July , 2018
1 . unkele, Jr.
Sworn to me on this 1
day of July, 2018
Notary PubliC
DAV10 A. E
ew york
Public, t 02RE6074110
Notary
gegistration
,·œn cou
Co
3 of 3
Preview
FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 06/02/2021 EXHIBIT D FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF INDEX NO. EF2018-00001369 |FILEDDOC.: NO. JEF 142 FERSON COUNTY CLERK 07 / O 9 /2 018 11: 43 RECEIVED NYSCEF: 06/02/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018 STATE OF NEW YORK COUNTY OF JEFFERSON SUPREME COURT KENNETH MILLER Plaintiff, -against- ANSWER CHARLES PETER HUNKELE, JR. DAVID STROTHERS Defendants, INDEX No.2018-1369 RJI No: __ David A. Renzi, as Attorney for Defendant, in response to Plaintiffs COMPLAINT, responds as follows; 1. Admits to the allegations complained of in paragraphs 4. 2. Lacks knowledge sufficient to form a belief to the allegations complained of in paragraphs 1, 3, 6, 13, 18, 25 and 33. 3. Denies the allegations complained of in paragraphs 2, 9, 11, 12, 15, 19, 20, 21, 22, 23, 24, 28, 29, 30, 31, 32, and 36. 4. Denies the allegations complained of in paragraphs 5, 7, 8, 10, 14, 16, 17, 26, 27, 34, and 35 and of the Complaint on the grounds that such allegations incorporate conclusions of law, and that in fact are not allegations at all, but demands. they 5. Denies each and other allegation not herein specifically admitted, every denied, or otherwise controverted. 1 of 3 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF DOC.: NO. INDEX NO. EF2018-00001369 [F ILED JEF 142 FERSON COUNTY CLERK 07 /O 9 /2 018 11: 43 AM RECEIVED NYSCEF: 06/02/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6. The purported rights Plaintiff alleges from a Deed dated 11/05/1984, recorded July 29, 1987, Liber 1081 at page 246, for use of a purported recreational easement, were subject to the sale of the same (property) by grantor (Edith Roeschlaub). 7. That sale has since occurred; those purported recreational rights have long long since lapsed and been extinguished/removed. 8. That there is no recreational area in existence, and any claimed rights against Defendant is a misapplication of any prior temporary right. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. That upon information and belief, Plaintiff's entirely failed to comply with the requisite duties of compliance (as outlined in Deed Liber 1081 page 246) with rules, regulations, special permission for use, obtaining special booking for use, and acquiring at no point contributed to the maintenance costs for the recreational area prior to, or subsequent to, those rights lapsing and being extinguished. WHEREFORE, defendant demands judgment as follows: 1. That the Complaint be dismissed in its entirety, and. 2. For such other and relief as the court may deem just. Dated: July 1 2018 , David . A. Esq. Renzi, Attorney for Defendant BROWN, DIERDORF and RENZI 165 Mullin Street Watertown, New York 13601 2 of 3 FILED: JEFFERSON COUNTY CLERK 06/02/2021 03:40 PM INDEX NO. EF2018-00001369 NYSCEF INDEX NO. EF2018-00001369 |FILED:DOC. NO. JEF 142 FERSON COUNTY CLERK 07 /09/2018 11: 43 AM RECEIVED NYSCEF: 06/02/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 07/09/2018 INDIVIDUAL VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF JEFFERSON ) CHARLES P. HUNKELE, JR., being duly sworn, deposes and says; 1. That deponent is the defendant in the within action 2. That deponent has read the foregoing ANSWER and knows the content thereof. 3. That the same is true to deponents own knowledge except as to the material therein stated to be on inforrnation and belief, and as to those rnatters, deponent believes it to be true. Date: July , 2018 1 . unkele, Jr. Sworn to me on this 1 day of July, 2018 Notary PubliC DAV10 A. E ew york Public, t 02RE6074110 Notary gegistration ,·œn cou Co 3 of 3