On May 20, 2022 a
Answer
was filed
involving a dispute between
Eldon King Jr,
and
Vcna United Materials Llc,
for Commercial - Contract
in the District Court of Cattaraugus County.
Preview
FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CATTARAUGUS
________________________________________________
ELDON KING, JR.
Plaintiff,
ANSWER
vs
Index No.: 91382-2022
VCNA UNITED MATERIALS, LLC
Defendant.
___________________________________________
Defendant, VCNA UNITED MATERIALS, LLC, by its attorneys,
LoTempio P.C. Law Group, Jack M. Sanchez, Esq., as and for its Answer to Plaintiff’s
Complaint, alleges as follows:
1. Defendant admits paragraphs 2 and 3 of Plaintiff’s Complaint.
2. Defendant denies paragraphs 6, 7, and 8 of Plaintiff’s Complaint.
3. Defendant denies knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs 1 and 4 of Plaintiff’s Complaint.
4. With respect to paragraph 5 of Plaintiff’s Complaint, Defendant admits
that Plaintiff purchased concrete from the Defendant to be used for the driveway at Plaintiff's
residence, and denies the remainder of the allegations in said paragraph.
5. Defendant denies each and every other allegation contained in the Complaint not
heretofore admitted or controverted.
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FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
6. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-5 of this Answer as if fully set forth herein.
7. Plaintiff's service of process on the Defendant was not proper.
8. Therefore, personal jurisdiction over the Defendant has not been obtained.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
9. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-8 of this Answer as if fully set forth herein.
10. This action is barred by the Statute of Frauds.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-10 of this Answer as if fully set forth herein.
12. This action is barred by the applicable statute of limitations.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
13. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-12 of this Answer as if fully set forth herein.
14. Plaintiff fails to state of a cause of action.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
15. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-14 of this Answer as if fully set forth herein.
16. Any damages suffered by the Plaintiff shall be diminished in the proportion
which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which
caused the damages pursuant to CPLR Article 14A.
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FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
17. Defendant repeats and realleges each and every allegation set forth in paragraphs
1-16 of this Answer as if fully set forth herein.
18. Any damages suffered by the Plaintiff are not a result of defective concrete
materials supplied by the Defendant.
WHEREFORE, Defendant demands judgment as follows:
1. Dismissing Plaintiff’s Complaint herein and awarding Defendant costs,
disbursements, and attorneys’ fees in this action; and
2. Such other and further relief as this Court may deem just, proper, and equitable.
DATED: October 12, 2022 LOTEMPIO P.C. LAW GROUP
/s/ Jack M. Sanchez
Jack M. Sanchez, Esq.
181 Franklin St.
Buffalo, New York 14202
Telephone: (716) 855-3761
jsanchez@lotempiopc.com
3 of 3
Document Filed Date
October 12, 2022
Case Filing Date
May 20, 2022
Category
Commercial - Contract
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FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CATTARAUGUS ________________________________________________ ELDON KING, JR. Plaintiff, ANSWER vs Index No.: 91382-2022 VCNA UNITED MATERIALS, LLC Defendant. ___________________________________________ Defendant, VCNA UNITED MATERIALS, LLC, by its attorneys, LoTempio P.C. Law Group, Jack M. Sanchez, Esq., as and for its Answer to Plaintiff’s Complaint, alleges as follows: 1. Defendant admits paragraphs 2 and 3 of Plaintiff’s Complaint. 2. Defendant denies paragraphs 6, 7, and 8 of Plaintiff’s Complaint. 3. Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs 1 and 4 of Plaintiff’s Complaint. 4. With respect to paragraph 5 of Plaintiff’s Complaint, Defendant admits that Plaintiff purchased concrete from the Defendant to be used for the driveway at Plaintiff's residence, and denies the remainder of the allegations in said paragraph. 5. Defendant denies each and every other allegation contained in the Complaint not heretofore admitted or controverted. 1 of 3 FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-5 of this Answer as if fully set forth herein. 7. Plaintiff's service of process on the Defendant was not proper. 8. Therefore, personal jurisdiction over the Defendant has not been obtained. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-8 of this Answer as if fully set forth herein. 10. This action is barred by the Statute of Frauds. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-10 of this Answer as if fully set forth herein. 12. This action is barred by the applicable statute of limitations. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 13. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-12 of this Answer as if fully set forth herein. 14. Plaintiff fails to state of a cause of action. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 15. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-14 of this Answer as if fully set forth herein. 16. Any damages suffered by the Plaintiff shall be diminished in the proportion which the culpable conduct attributable to the Plaintiff bears to the culpable conduct which caused the damages pursuant to CPLR Article 14A. 2 of 3 FILED: CATTARAUGUS COUNTY CLERK 10/12/2022 03:00 PM INDEX NO. 91382 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2022 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 17. Defendant repeats and realleges each and every allegation set forth in paragraphs 1-16 of this Answer as if fully set forth herein. 18. Any damages suffered by the Plaintiff are not a result of defective concrete materials supplied by the Defendant. WHEREFORE, Defendant demands judgment as follows: 1. Dismissing Plaintiff’s Complaint herein and awarding Defendant costs, disbursements, and attorneys’ fees in this action; and 2. Such other and further relief as this Court may deem just, proper, and equitable. DATED: October 12, 2022 LOTEMPIO P.C. LAW GROUP /s/ Jack M. Sanchez Jack M. Sanchez, Esq. 181 Franklin St. Buffalo, New York 14202 Telephone: (716) 855-3761 jsanchez@lotempiopc.com 3 of 3