Preview
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
CI2020-14334 Index # : EF2020-0162
EXHIBIT “C”
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
SUPREME COURT: STATE OF NEW YORK
COUNTY OF TOMPKINS
BARBARA U. COLLYER and the FRANK
F. and BARBARA U COLLYER, HI
Revocable Inter Vivos Trust
Plaintiffs,
VERIFIED ANSWER AND
v. CROSS CLAIM
Index No.:EF2020-0162
R.J.I.No.:
DANIELLE M. LaVIGNE, NEW YORK
CENTRAL MUTUAL FIRE INSURANCE
COMPANY, CFCU COMMUNITY CREDIT
UNION and THE TOWN OF LANSING,
Defendants,
__
DANIELLE M. LaVIGNE,
Cross-Claimant,
v.
CENTRAL MUTUAL FIRE INSURANCE COMPANY, NEW YORK CENTRAL MUTUAL
INSURANCE COMPANY d/b/a NYCM INSURANCE d/b/a NYCM CENTRAL MUTUAL
FIRE INSURANCE COMPANY,
Cross-Defendant.
Danielle M. LaVigne, by and through her attorneys, The Lama Law Firm, LLP
answers the complaint, and alleges as against the NYCM Central Mutual Fire
Insurance Company, New York Central Mutual Fire Insurance Company d/b/a
Company"
NYCM Insurance d/b/a NYCM Central Mutual Fire Insurance for a
Cross Claim:
1. ADMITS the allegations set forth in paragraphs 3, 4,5, 6, 7,8, 9, 10, 11, 12, 13,
!
14, 21, 22, 23, 24, 25, 26, 31, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65 of the complaint.
2. DENIES the allegations set forth in paragraphs 37 of said complaint.
mi.m-aia.
Firm,11P
2343N.Triphammer
Rt
lthaca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
3. DENIES knowledge or information sufncient to form a belief of allegations set
forth in paragraphs 1, 2,15, 16, 17, 18, 19, 20, 27, 28, 29, 30, 32, 33, and 36 of
the complaint.
4. DENIES each and every allegation of the compliant not herein specifically
admitted.
CROSS CLAIM
5. Danielle LaVigne restates and re-alleges paragraphs 1 through 4 above as if
fullyset forth herein, and further alleges that:
6. Danielle M. LaVigne, hereinafter "LaVigne,"was at alltimes relevant hereto be
the sole owner of the residence, located at 25 Sperry Lane Lañsiñg, New York
14882.
7. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, the NYCM
Central Mu*9al Fire Insurance Company, "New York Central Mutual Fire
Insurance Company d/b/a NYCM Insurance d/b/a NYCM Central Mutual Fire
lñsurance Company (hereinafter refêrred to as NYCM) is a mutual insurance
company with itsprirñary office located at 1899 Central Plaza East in
Edmeston, New York 13335..
STATEMENT OF FACTS
8. On October 5, 2015, LaVigne recGivéd a Düilding Permit to construct a
residence at 25 Sperry Lane Lansing, New York 14882.
TheLamaLaw
Firm,LLP
2343N. Triphammer
Rd
Ithaca,NY14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
9. On May 13, 2018, LaVigne's private residence at 25 Sperry Lane Lansing, New
York was destroyed by fire before construction of the building was complete.
10. On May 13, 2018, Lavigñê promptly notified NYCM of the fire.
11. Consideration of LaVigne's claim, filed May 13, 2018, was delayed on June 19,
2018, because NYCM determined that additional investigation was required.
12. Cañsideration for LaVigne's claim by NYCM was further delayed again on July
24, 2018 two (2) months after the fire,because NYCM deemed itnecessary to
further investigate.
13. Consideration for Lavigñê's claim, filedMay 13, 2018, was delayed a third time
required."
on August 20, 2018, for the reason that "additional investigation is
14. At no time-and to this very day-did NYCM provide sufficient reasoning as to
why the claim regarding the fireon May 13, 2018 was not being honored.
15. LaVigne received a request for examination, under oath, on November 14,
2018.
16. LaVigne complied attended the examimMan under oath and was fully
cooperative with NYCM.
17. LaVigne completed a sworn statement in proof of Personal Froperty loss on
January 4, 2019.
18. On January 17, 2019, NYCM ackñõwledged receipt of client's sworn proofs for
loss of dwelling and personal property. NYCM stated, "our coverage
ongoing,"
investigation in this claim is claiming that they will only be in a
position to evaluate the proof of loss "once our investigation has been
TheLamaLaw
Firm,LLP
2343N. Triphammer
R6
Ithaca,NY 14850
3
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
completed."
NYCM also acknowledged that they are in receipt of Lavigne's
documents respañsive to the requests made on November 14, 2018.
19. LaVigne contacted NYCM again on January 28, stating, "It has been eight (8)
occurred"
months since this loss and that there has been no progress made in
regard to NYCM payiñg the claim of the insured. LaVigne requested an
advañced paymêñt on LaVigne's claim for a second time.
20. On March 8, 2019, NYCM acknowledged the second reqüêst for an
advancement paymeñ‡ for LaVigne's claim but stated that LaVigne's
"respc-ñses to NYCM's reqüêst for document production remain deficient in
respects."
several
21. LaVigne has provided NYCM with allnecessary and requested information.
22. To date, Lavigne has not been provided a detailed or updated.report on the
status of this investigation or any findings.
FIRST CAUSE OF ACTION FOR BAD FAITH REFUSAL OF
INSURER TO PAY CLAIM OF INSURED
23. LaVigne restates the allegations contained in Paragraphs 1 through 22 above
as iffully restated herein.
24. Lavigne was insured by NYCM and was specifically covered by a Fire
Insurance Policy ñumbcr providing cóverage on her house,contents,
extra living expenses, other structures along with other caverages and
extensions of coverage for the home located at 25 Sperrý Lane Lansing, New
York 14882.
TheLamaLaw
Firm,LLP
2343N. TripliammerRs
Ithaca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
25. LaVigne promptly notified NYCM of the fire which caused the destruction of
her home on May 13, 2018.
26. The firewas the direct and proximate cause of the loss and was within the
scope of her Policy with NYCM
27. Upon filingthe claim, NYCM conducted an extensive investigation to determine
the cause of the fire.
28. The investigation has been prolonged for nearly two (2] years since the date of
loss.
29. NYCM has failed to disclose any findings of their investigation to date.
30. LaVigne has cooperated with NYCM for the past nearly two (2] years,
providing them with documents pertaining to their investigation.
31. NYCM has intentionally, and without cause of any kind, refused to pay
LaVigne's claim since the incident, nearly two (2) years ago, alleging more
information along with further investigation is required to determine the
cause of the fire.
32. NYCM has refused to provide any reason for their refusal to pay LaVigne's
claim, nor has NYCM even determined the cause of the fire..
33. There is no legitimate reason for the NYCM's refusal to pay, nor has NYCM
stated any reason for itsfailure to pay on the claim.
SECOND CAUSE OF ACTION AGAINST INSURER TO
RECOVER BENEFITS FOR FIRE LOSS
TheLamal.aw
Firm,LLP
2343N. Triphammer
Re
nhaca,wy 14sso
5
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
34. LaVigne restates the allegations contained in Paragraphs 1 through 33 above
as iffully restated herein.
35. NYCM issued a policy the damaged property against loss causêd by
covering
fire which was in effect at the time of the loss.
36. The property covered by the policy was destroyed in a fireon May 13, 2018.
37. The fire loss was within the scope of coverage provided by the policy.
38. LaVigne filed a claim in accordance with NYCM's claims procedures on May 13,
2018.
39. LaVigne duly filed a claim for bêñêfits which was dañiad and ignored by NYCM
for a period of nearly two (2) years.
40. LaVigne had an insurable interest in the insured property and was enHtled to
payment of benefits under the policy.
THIRD CAUSE OF ACTION FOR DECEPTIVE AND
UNLAWFUL B_USINESS PRACTICES and
BAD FAITH
41. Danielle LaVigne restates and re-alleges paragraphs 1 through 40 above as if
fully set forth herein, and further alleges that:
42. New York General Business Law Section 349, bars deceptive business
practices by companies doing business in New York State, which ir-dudes
NYCM.
43. NYCM sold the aforemêñtioned policy of fire insurance to LaVigne and
represêñted that said policy included coverage in the event the insured
property was damaged by fire.
h LamaLaw
Firm,LLP
2343N. Triphammer
Ithaca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index#: EF2020-0162
44. LaVigne, upon reliance of said representation, paid NYCM premiums as
demanded by NYCM for said fire insurance coverage.
"insured"
45. The property by NYCM was destroyed by fire while the insurance
policy was paid for, and in fullforce and effect.
46. NYCM intentionally, wrongfully, fraudulently, and with malice and deception
refused to pay the claim for said firedamage and refused to provide any
information whatsoever as to the status of the claim, or the resülis of its
investigation.
47. LaVigne complied with allthe terms and conditions of said policy.
48. Further, with ñegligence, recklessñêss and malice, NYCM sent itsagents to the
damaged house with heavy equipment, tore down the protective fencing
LaVigne had placed around the property, further destroyed the structure,
scattered debris throughout the entire property, and refused to secure the
dangerous conditions that they themselves created.
49. NYCM's reckless and ñêgligent actions (para. 48 supra.) rendered the property
in an extremely hazardous and dangerous condition putting children, and the
community at large in danger.
50. NYCM's blatant refusal to honor the policy, or even take any posinon on the
claim whatsoever, left LaVigne without the funds to arrange and pay for the
debris removal, and proper securing of the property.
51. As such, the Town of Lansing took itupon itselfto remove the debris, and
secure the property for the protection of the residents of the Town.
TheLamaLaw
Firm,LLP R.'
2343N. Triphammer
Bhaca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
52. The Town of Lansing then charged LaVigne for the full cost of the removal, and
surcharged LaVigne, placing a lien on the property vis-à-vis the property taxes
on the parcel in the amount of $32,100.00.
53. LaVigne is thereby entitled to treble damages including the value of the
structure, and contents, the cost of removal of debris, the cost of securing the
property, the loss of use of the premises, additional living expenses and
attorneys'
fees.
WHEREFORE, LaVigne respectfully requests the following relief:
1. Treble Damages in the amount of $2,126,700.00
2. Punitive Damages in the amount of $1,000,000.00
3. NYCM immediately pay the balance of the outstanding mortgage on the subject
property through CFCU Credit Union
4. NYCM immediately reimburse the Town of Lansing for the clean-up and
removal of the debris on the subject property
5. Reasonable attorney's fees and costs of this actioÓ
6. Together with any further reliefas to this Court e s just and proper.
Dated: Ithaca, NY
March 16, 2020
o Lama
e Lama Law Firm, LLP
2343 N. Triphammer Rd.
Ithaca, NY 14850
(607) 275-3425
TheLamaLaw
Finn, LLP
2343N.TriphammerR
lthaca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
Cl2020-14334 Index #: EF2020-0162
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss.:
DANIELLE LAVIGNE being duly sworn, deposes and says; that I am the
Defendant/Cross-Claimant in the within proceediñg, that I have read the foregoing
VERIFIED ANSWER AND CROSS-CLAIM and know the contents thereof and the same
are true to my own knowledge, except as to the matters therein stated to be alleged
upon information and belief,and as to those matters I believe them to be true.
DANIELLE LAVIGNE
Sworn to before me, a Notary Public,
on this1Nay of t¾ rr b2020
OTARY PUBLIC
ELIZABETH E HECK
NOTARY PUBLIC-STATE OF NEW YORK
No. 01HE6290590
Qualified in Cayugo County
My Commission October
Expires 07,
TheLamaLaw
Firm,LLP
2343N. Triphammer
R
Ithnca,NY 14850
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
¤202°¹4334
NYSCEF -
Tompkins County Supreme Court Index #: EF2020-0162
Confirmation Notice
The NYSCEF website has received an electronic filingon 03/18/2020 02:20 PM. Please keep thisnotice
as a confirmation of thisfiling.
EF2020-0162
Barbara U. Collyer et al v. Dañis:|s M. LaVigne et al
Assigned judge: None Recorded
Documents Received on 03/18/2020 02:20 PM
Doc # Document Type
6 ANSWER WITH CROSS-CLAIM(S)
Verified Answer and Cross Claim
Filing User
Luciano J Lama | ciano@lamalaw.com | 607-275-3425
2343 N. Triphammer Rd., Ithaca, NY 14850
E-mail Notifications
An email regarding thisfilinghas been sent to the following on 03/18/2020 02:20 PM:
LUCIANO J. LAMA - ciano@Iamalaw.com
PETER J. WALSH - pjw@truewalshlaw.com
______
Maureen Reynolds, Tampk'r-s County Clerk -.....,..;|±‡'empk!ns-co.org
Phone: Phone: 607.274.5432 Fax: Fax: 607.274.5445
NYSCEF Resource Center, EFils@ñycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 I Website: www.nycourts.gov/efile
Page 1 of 2
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020
2020-'4334 Index #:
NYSCEF -
Tompkins County Supreme Court
EF2020-0162
Confirmation Notice
EF2020-0162
Barbara U. Collyer et al v. Danielle M. LaVigne et al
Assigned judge: None Recorded
Email Notifications NOT Sent
Role Party Attorney
Respondent Danielle M. LaVigne No consent on record.
Respondent New York Centraul Mutual No consent on record.
Fire Insurance Company
Respondent CFCU Community Credit No consent on record.
Union
Respondent Town of Lansing No consent on record.
* Court rulesrequire hard serviceupon partiesand attorneys who have opted-out or declined
copy non-participating
consent.
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.
Maureen Rcyr.s:±:, Tompkins Clerk - mrayr.ü:dc
County ':sydns-co.org
Phone: Phone: 607.274.5432 Fax: Fax: 607.274.5445
NYSCEF Resource Center, EFile@nycourts.gov
Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile
Page 2 of 2
Preview
FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 CI2020-14334 Index # : EF2020-0162 EXHIBIT “C” FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 SUPREME COURT: STATE OF NEW YORK COUNTY OF TOMPKINS BARBARA U. COLLYER and the FRANK F. and BARBARA U COLLYER, HI Revocable Inter Vivos Trust Plaintiffs, VERIFIED ANSWER AND v. CROSS CLAIM Index No.:EF2020-0162 R.J.I.No.: DANIELLE M. LaVIGNE, NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, CFCU COMMUNITY CREDIT UNION and THE TOWN OF LANSING, Defendants, __ DANIELLE M. LaVIGNE, Cross-Claimant, v. CENTRAL MUTUAL FIRE INSURANCE COMPANY, NEW YORK CENTRAL MUTUAL INSURANCE COMPANY d/b/a NYCM INSURANCE d/b/a NYCM CENTRAL MUTUAL FIRE INSURANCE COMPANY, Cross-Defendant. Danielle M. LaVigne, by and through her attorneys, The Lama Law Firm, LLP answers the complaint, and alleges as against the NYCM Central Mutual Fire Insurance Company, New York Central Mutual Fire Insurance Company d/b/a Company" NYCM Insurance d/b/a NYCM Central Mutual Fire Insurance for a Cross Claim: 1. ADMITS the allegations set forth in paragraphs 3, 4,5, 6, 7,8, 9, 10, 11, 12, 13, ! 14, 21, 22, 23, 24, 25, 26, 31, 34, 35, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65 of the complaint. 2. DENIES the allegations set forth in paragraphs 37 of said complaint. mi.m-aia. Firm,11P 2343N.Triphammer Rt lthaca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 3. DENIES knowledge or information sufncient to form a belief of allegations set forth in paragraphs 1, 2,15, 16, 17, 18, 19, 20, 27, 28, 29, 30, 32, 33, and 36 of the complaint. 4. DENIES each and every allegation of the compliant not herein specifically admitted. CROSS CLAIM 5. Danielle LaVigne restates and re-alleges paragraphs 1 through 4 above as if fullyset forth herein, and further alleges that: 6. Danielle M. LaVigne, hereinafter "LaVigne,"was at alltimes relevant hereto be the sole owner of the residence, located at 25 Sperry Lane Lañsiñg, New York 14882. 7. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, the NYCM Central Mu*9al Fire Insurance Company, "New York Central Mutual Fire Insurance Company d/b/a NYCM Insurance d/b/a NYCM Central Mutual Fire lñsurance Company (hereinafter refêrred to as NYCM) is a mutual insurance company with itsprirñary office located at 1899 Central Plaza East in Edmeston, New York 13335.. STATEMENT OF FACTS 8. On October 5, 2015, LaVigne recGivéd a Düilding Permit to construct a residence at 25 Sperry Lane Lansing, New York 14882. TheLamaLaw Firm,LLP 2343N. Triphammer Rd Ithaca,NY14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 9. On May 13, 2018, LaVigne's private residence at 25 Sperry Lane Lansing, New York was destroyed by fire before construction of the building was complete. 10. On May 13, 2018, Lavigñê promptly notified NYCM of the fire. 11. Consideration of LaVigne's claim, filed May 13, 2018, was delayed on June 19, 2018, because NYCM determined that additional investigation was required. 12. Cañsideration for LaVigne's claim by NYCM was further delayed again on July 24, 2018 two (2) months after the fire,because NYCM deemed itnecessary to further investigate. 13. Consideration for Lavigñê's claim, filedMay 13, 2018, was delayed a third time required." on August 20, 2018, for the reason that "additional investigation is 14. At no time-and to this very day-did NYCM provide sufficient reasoning as to why the claim regarding the fireon May 13, 2018 was not being honored. 15. LaVigne received a request for examination, under oath, on November 14, 2018. 16. LaVigne complied attended the examimMan under oath and was fully cooperative with NYCM. 17. LaVigne completed a sworn statement in proof of Personal Froperty loss on January 4, 2019. 18. On January 17, 2019, NYCM ackñõwledged receipt of client's sworn proofs for loss of dwelling and personal property. NYCM stated, "our coverage ongoing," investigation in this claim is claiming that they will only be in a position to evaluate the proof of loss "once our investigation has been TheLamaLaw Firm,LLP 2343N. Triphammer R6 Ithaca,NY 14850 3 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 completed." NYCM also acknowledged that they are in receipt of Lavigne's documents respañsive to the requests made on November 14, 2018. 19. LaVigne contacted NYCM again on January 28, stating, "It has been eight (8) occurred" months since this loss and that there has been no progress made in regard to NYCM payiñg the claim of the insured. LaVigne requested an advañced paymêñt on LaVigne's claim for a second time. 20. On March 8, 2019, NYCM acknowledged the second reqüêst for an advancement paymeñ‡ for LaVigne's claim but stated that LaVigne's "respc-ñses to NYCM's reqüêst for document production remain deficient in respects." several 21. LaVigne has provided NYCM with allnecessary and requested information. 22. To date, Lavigne has not been provided a detailed or updated.report on the status of this investigation or any findings. FIRST CAUSE OF ACTION FOR BAD FAITH REFUSAL OF INSURER TO PAY CLAIM OF INSURED 23. LaVigne restates the allegations contained in Paragraphs 1 through 22 above as iffully restated herein. 24. Lavigne was insured by NYCM and was specifically covered by a Fire Insurance Policy ñumbcr providing cóverage on her house,contents, extra living expenses, other structures along with other caverages and extensions of coverage for the home located at 25 Sperrý Lane Lansing, New York 14882. TheLamaLaw Firm,LLP 2343N. TripliammerRs Ithaca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 25. LaVigne promptly notified NYCM of the fire which caused the destruction of her home on May 13, 2018. 26. The firewas the direct and proximate cause of the loss and was within the scope of her Policy with NYCM 27. Upon filingthe claim, NYCM conducted an extensive investigation to determine the cause of the fire. 28. The investigation has been prolonged for nearly two (2] years since the date of loss. 29. NYCM has failed to disclose any findings of their investigation to date. 30. LaVigne has cooperated with NYCM for the past nearly two (2] years, providing them with documents pertaining to their investigation. 31. NYCM has intentionally, and without cause of any kind, refused to pay LaVigne's claim since the incident, nearly two (2) years ago, alleging more information along with further investigation is required to determine the cause of the fire. 32. NYCM has refused to provide any reason for their refusal to pay LaVigne's claim, nor has NYCM even determined the cause of the fire.. 33. There is no legitimate reason for the NYCM's refusal to pay, nor has NYCM stated any reason for itsfailure to pay on the claim. SECOND CAUSE OF ACTION AGAINST INSURER TO RECOVER BENEFITS FOR FIRE LOSS TheLamal.aw Firm,LLP 2343N. Triphammer Re nhaca,wy 14sso 5 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 34. LaVigne restates the allegations contained in Paragraphs 1 through 33 above as iffully restated herein. 35. NYCM issued a policy the damaged property against loss causêd by covering fire which was in effect at the time of the loss. 36. The property covered by the policy was destroyed in a fireon May 13, 2018. 37. The fire loss was within the scope of coverage provided by the policy. 38. LaVigne filed a claim in accordance with NYCM's claims procedures on May 13, 2018. 39. LaVigne duly filed a claim for bêñêfits which was dañiad and ignored by NYCM for a period of nearly two (2) years. 40. LaVigne had an insurable interest in the insured property and was enHtled to payment of benefits under the policy. THIRD CAUSE OF ACTION FOR DECEPTIVE AND UNLAWFUL B_USINESS PRACTICES and BAD FAITH 41. Danielle LaVigne restates and re-alleges paragraphs 1 through 40 above as if fully set forth herein, and further alleges that: 42. New York General Business Law Section 349, bars deceptive business practices by companies doing business in New York State, which ir-dudes NYCM. 43. NYCM sold the aforemêñtioned policy of fire insurance to LaVigne and represêñted that said policy included coverage in the event the insured property was damaged by fire. h LamaLaw Firm,LLP 2343N. Triphammer Ithaca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index#: EF2020-0162 44. LaVigne, upon reliance of said representation, paid NYCM premiums as demanded by NYCM for said fire insurance coverage. "insured" 45. The property by NYCM was destroyed by fire while the insurance policy was paid for, and in fullforce and effect. 46. NYCM intentionally, wrongfully, fraudulently, and with malice and deception refused to pay the claim for said firedamage and refused to provide any information whatsoever as to the status of the claim, or the resülis of its investigation. 47. LaVigne complied with allthe terms and conditions of said policy. 48. Further, with ñegligence, recklessñêss and malice, NYCM sent itsagents to the damaged house with heavy equipment, tore down the protective fencing LaVigne had placed around the property, further destroyed the structure, scattered debris throughout the entire property, and refused to secure the dangerous conditions that they themselves created. 49. NYCM's reckless and ñêgligent actions (para. 48 supra.) rendered the property in an extremely hazardous and dangerous condition putting children, and the community at large in danger. 50. NYCM's blatant refusal to honor the policy, or even take any posinon on the claim whatsoever, left LaVigne without the funds to arrange and pay for the debris removal, and proper securing of the property. 51. As such, the Town of Lansing took itupon itselfto remove the debris, and secure the property for the protection of the residents of the Town. TheLamaLaw Firm,LLP R.' 2343N. Triphammer Bhaca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 52. The Town of Lansing then charged LaVigne for the full cost of the removal, and surcharged LaVigne, placing a lien on the property vis-à-vis the property taxes on the parcel in the amount of $32,100.00. 53. LaVigne is thereby entitled to treble damages including the value of the structure, and contents, the cost of removal of debris, the cost of securing the property, the loss of use of the premises, additional living expenses and attorneys' fees. WHEREFORE, LaVigne respectfully requests the following relief: 1. Treble Damages in the amount of $2,126,700.00 2. Punitive Damages in the amount of $1,000,000.00 3. NYCM immediately pay the balance of the outstanding mortgage on the subject property through CFCU Credit Union 4. NYCM immediately reimburse the Town of Lansing for the clean-up and removal of the debris on the subject property 5. Reasonable attorney's fees and costs of this actioÓ 6. Together with any further reliefas to this Court e s just and proper. Dated: Ithaca, NY March 16, 2020 o Lama e Lama Law Firm, LLP 2343 N. Triphammer Rd. Ithaca, NY 14850 (607) 275-3425 TheLamaLaw Finn, LLP 2343N.TriphammerR lthaca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 Cl2020-14334 Index #: EF2020-0162 STATE OF NEW YORK } COUNTY OF TOMPKINS } ss.: DANIELLE LAVIGNE being duly sworn, deposes and says; that I am the Defendant/Cross-Claimant in the within proceediñg, that I have read the foregoing VERIFIED ANSWER AND CROSS-CLAIM and know the contents thereof and the same are true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief,and as to those matters I believe them to be true. DANIELLE LAVIGNE Sworn to before me, a Notary Public, on this1Nay of t¾ rr b2020 OTARY PUBLIC ELIZABETH E HECK NOTARY PUBLIC-STATE OF NEW YORK No. 01HE6290590 Qualified in Cayugo County My Commission October Expires 07, TheLamaLaw Firm,LLP 2343N. Triphammer R Ithnca,NY 14850 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 ¤202°¹4334 NYSCEF - Tompkins County Supreme Court Index #: EF2020-0162 Confirmation Notice The NYSCEF website has received an electronic filingon 03/18/2020 02:20 PM. Please keep thisnotice as a confirmation of thisfiling. EF2020-0162 Barbara U. Collyer et al v. Dañis:|s M. LaVigne et al Assigned judge: None Recorded Documents Received on 03/18/2020 02:20 PM Doc # Document Type 6 ANSWER WITH CROSS-CLAIM(S) Verified Answer and Cross Claim Filing User Luciano J Lama | ciano@lamalaw.com | 607-275-3425 2343 N. Triphammer Rd., Ithaca, NY 14850 E-mail Notifications An email regarding thisfilinghas been sent to the following on 03/18/2020 02:20 PM: LUCIANO J. LAMA - ciano@Iamalaw.com PETER J. WALSH - pjw@truewalshlaw.com ______ Maureen Reynolds, Tampk'r-s County Clerk -.....,..;|±‡'empk!ns-co.org Phone: Phone: 607.274.5432 Fax: Fax: 607.274.5445 NYSCEF Resource Center, EFils@ñycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 I Website: www.nycourts.gov/efile Page 1 of 2 FILED: TOMPKINS COUNTY CLERK 10/12/2020 11:45 AM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 10/12/2020 2020-'4334 Index #: NYSCEF - Tompkins County Supreme Court EF2020-0162 Confirmation Notice EF2020-0162 Barbara U. Collyer et al v. Danielle M. LaVigne et al Assigned judge: None Recorded Email Notifications NOT Sent Role Party Attorney Respondent Danielle M. LaVigne No consent on record. Respondent New York Centraul Mutual No consent on record. Fire Insurance Company Respondent CFCU Community Credit No consent on record. Union Respondent Town of Lansing No consent on record. * Court rulesrequire hard serviceupon partiesand attorneys who have opted-out or declined copy non-participating consent. 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. Maureen Rcyr.s:±:, Tompkins Clerk - mrayr.ü:dc County ':sydns-co.org Phone: Phone: 607.274.5432 Fax: Fax: 607.274.5445 NYSCEF Resource Center, EFile@nycourts.gov Phone: (646) 386-3033 | Fax: (212) 401-9146 | Website: www.nycourts.gov/efile Page 2 of 2