Preview
FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ESSEX
********************* **** ******
MARC A. DOERING and CLAIRE E. PIETRZAK,
VERIFIED ANSWER
Plaintiffs,
Index No. CV22-0322
-against-
ALEX WILLETT, INDIVIDUALLY, and d/b/a
WILLETT CONSTRUCTION,
Defendants.
*******************************
Defendant, Alex Willett, individually, and d/b/a Willette Construction, by and through his
undersigned attorneys, Niles & Bracy, PLLC, serve this Answer to the Verified Complaint and
state as follows:
1. The Defendant admits the allegations set forth in paragraphs 1-6, 12-17, 19, 21-23, 25,
42-43, and 45-49.
2. The Defendant is without knowledge and therefore denies the allegations in paragraph
7-11, 18, 20, 24, 26-41, 44, 50, 53-54, and 56.
3. The Defendant denies the allegations set forth in paragraph 67-
52, 55, 57-58, 60-65,
70, 72-78, 80-83, 85-92, 94-95, and 97-99.
4. Paragraphs 59, 66, 71, 79, 84, 93, and 96 do not require responsive pleadings, but to
the extent that they incorporate earlier actual allegations, the Defendant incorporates his answers
to the prior numbered paragraphs.
NILES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729
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FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVF, DEFENSE
The Second, Fourth, and Fifth cause of action fail to state a cause of action upon which
relief can be granted.
SECOND AFFIRMATIVE DEFENSE
The Plaintiffs have failed to mitigate their damages.
THIRD AFFIRMATIVE DEFENSE
The Plaintiffs claims are barred by unclean hands.
FOURTH AFFIRMATIVE DEFENSE
Plaintiffs'
The Second, Third, Fourth, and Fifth cause of action are barred by the request
for relief under the contract between the parties and failure to plead allegations of conduct or
damages that are separate from the breach of contract claim.
Date: b)an.,.4w 1
hw v
Jol 1 . Crotty, Esq.
NI aS & BRACY, PLLC
46-48 Cornelia Street
PO Box 2729
Plattsburgh, NY 12901-2729
Tel. No. (518) 561-1980
Fax No. (518) 561-7567
N1LES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729
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FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022
VEIUFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF CLINTON )
I, the undersigned, am an attorney admitted to practice in the courts of New York State;
and say that: I am the attorney of record for defendant, Alex Willett. I have read the annexed
Answer, know the contents thereof, and the same are true to my knowledge, except those matters
therein which are stated to be alleged on information and belief, and as to those matters I believe
them to be true. My belief as to those matters therein not stated upon knowledge is based upon
the following: complete review of all records provided to me by Alex Willett.
The reason I make this affirmation instead of plaintiffs is that plaintiff does not reside in
this county.
I affirm that the foregoing statements are true under penalties of perjury.
Dated: November g___, 2022
hn M. Crotty
Sworn to before me this
__ day of l/ c]$em ber, 2022.
Notary Public
MARCEE E. LOOPE
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01LO6427388
Qualified in Clinton County
Commission Expires December 27, 20___.
N]LES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729
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Preview
FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ESSEX ********************* **** ****** MARC A. DOERING and CLAIRE E. PIETRZAK, VERIFIED ANSWER Plaintiffs, Index No. CV22-0322 -against- ALEX WILLETT, INDIVIDUALLY, and d/b/a WILLETT CONSTRUCTION, Defendants. ******************************* Defendant, Alex Willett, individually, and d/b/a Willette Construction, by and through his undersigned attorneys, Niles & Bracy, PLLC, serve this Answer to the Verified Complaint and state as follows: 1. The Defendant admits the allegations set forth in paragraphs 1-6, 12-17, 19, 21-23, 25, 42-43, and 45-49. 2. The Defendant is without knowledge and therefore denies the allegations in paragraph 7-11, 18, 20, 24, 26-41, 44, 50, 53-54, and 56. 3. The Defendant denies the allegations set forth in paragraph 67- 52, 55, 57-58, 60-65, 70, 72-78, 80-83, 85-92, 94-95, and 97-99. 4. Paragraphs 59, 66, 71, 79, 84, 93, and 96 do not require responsive pleadings, but to the extent that they incorporate earlier actual allegations, the Defendant incorporates his answers to the prior numbered paragraphs. NILES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729 1 of 3 FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVF, DEFENSE The Second, Fourth, and Fifth cause of action fail to state a cause of action upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE The Plaintiffs have failed to mitigate their damages. THIRD AFFIRMATIVE DEFENSE The Plaintiffs claims are barred by unclean hands. FOURTH AFFIRMATIVE DEFENSE Plaintiffs' The Second, Third, Fourth, and Fifth cause of action are barred by the request for relief under the contract between the parties and failure to plead allegations of conduct or damages that are separate from the breach of contract claim. Date: b)an.,.4w 1 hw v Jol 1 . Crotty, Esq. NI aS & BRACY, PLLC 46-48 Cornelia Street PO Box 2729 Plattsburgh, NY 12901-2729 Tel. No. (518) 561-1980 Fax No. (518) 561-7567 N1LES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729 2 of 3 FILED: ESSEX COUNTY CLERK 11/09/2022 11:46 AM INDEX NO. CV22-0322 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/09/2022 VEIUFICATION STATE OF NEW YORK ) ) ss: COUNTY OF CLINTON ) I, the undersigned, am an attorney admitted to practice in the courts of New York State; and say that: I am the attorney of record for defendant, Alex Willett. I have read the annexed Answer, know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief as to those matters therein not stated upon knowledge is based upon the following: complete review of all records provided to me by Alex Willett. The reason I make this affirmation instead of plaintiffs is that plaintiff does not reside in this county. I affirm that the foregoing statements are true under penalties of perjury. Dated: November g___, 2022 hn M. Crotty Sworn to before me this __ day of l/ c]$em ber, 2022. Notary Public MARCEE E. LOOPE NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01LO6427388 Qualified in Clinton County Commission Expires December 27, 20___. N]LES & BRACY, PLLC - ATTORNEYSAT LAW - 46-48 CORNELIASTREET- R O. BOX2729 - PLATTSBURGH,N. Y. 12901-2729 3 of 3