On June 15, 2022 a
Answer
was filed
involving a dispute between
Bank Of America Na,
and
Pamela C Elsbree,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Wayne County.
Preview
FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WAYNE
BANK OF AMERICA, N.A.
Plaintiff, DEFENDANT’S ANSWER
-vs-
Index No.: CV088630
PAMELA C ELSBREE
Defendant.
Defendant Pamela C Elsbree, as and for an Answer to the Complaint of Plaintiff, by and
through counsel, Graham & Borgese, LLP, responds as follows:
AS TO THE FIRST CAUSE OF ACTION
1. Admits to the residence allegation contained in paragraph “1” of the Complaint but
denies all else.
2. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “2” of the Complaint.
3. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “3” of the Complaint.
4. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “4” of the Complaint.
5. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “5” of the Complaint.
6. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “6” of the Complaint.
7. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “7” of the Complaint.
8. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “8” of the Complaint.
9. Denies knowledge or information sufficient enough to form a belief as to the
allegations contained in paragraph “9” of the Complaint.
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FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
10. That this action is barred by the applicable statute of limitations.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
11. That the court lacks personal jurisdiction over the defendant and or subject matter
jurisdiction in this controversy.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
12. That Plaintiff's first cause of action fails to state a claim upon which relief can be
granted.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
13. That Plaintiff has failed to mitigate its damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
14. That Plaintiff's claims are barred for failure to allege specific transactions on the
account relating to the alleged debt.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
15. That Plaintiff's claims are barred by the Statute of Frauds.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
16. That Plaintiff's claims are barred by the doctrine of unclean hands.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
17. That Plaintiff's claims are barred by the doctrine of laches.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
18. That Plaintiff's claims are barred by the doctrine of estoppel.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
19. That the amount Plaintiff claims is due and owing is incorrect.
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FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022
WHEREFORE, Defendant respectfully requests that the Complaint be dismissed with
prejudice and that Defendant be awarded reasonable attorney's fees and the costs of this action and
motion and for such other and further relief as to the court seems just and proper.
Dated: July 21, 2022 _________________________
Frank J. Borgese, Esq.
Graham & Borgese, LLP
TO: Rubin & Rothman, LLC
Attorneys for Defendant
Attorneys for Plaintiff
1787 Veterans Highway
Please send all correspondence to:
Islandia, NY 11749
Graham & Borgese, LLP
1695 Empire Blvd., Suite 140
Webster, New York 14580
585-563-4020
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Document Filed Date
July 21, 2022
Case Filing Date
June 15, 2022
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE BANK OF AMERICA, N.A. Plaintiff, DEFENDANT’S ANSWER -vs- Index No.: CV088630 PAMELA C ELSBREE Defendant. Defendant Pamela C Elsbree, as and for an Answer to the Complaint of Plaintiff, by and through counsel, Graham & Borgese, LLP, responds as follows: AS TO THE FIRST CAUSE OF ACTION 1. Admits to the residence allegation contained in paragraph “1” of the Complaint but denies all else. 2. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “2” of the Complaint. 3. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “3” of the Complaint. 4. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “4” of the Complaint. 5. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “5” of the Complaint. 6. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “6” of the Complaint. 7. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “7” of the Complaint. 8. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “8” of the Complaint. 9. Denies knowledge or information sufficient enough to form a belief as to the allegations contained in paragraph “9” of the Complaint. 1 of 3 FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 10. That this action is barred by the applicable statute of limitations. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 11. That the court lacks personal jurisdiction over the defendant and or subject matter jurisdiction in this controversy. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 12. That Plaintiff's first cause of action fails to state a claim upon which relief can be granted. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 13. That Plaintiff has failed to mitigate its damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 14. That Plaintiff's claims are barred for failure to allege specific transactions on the account relating to the alleged debt. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 15. That Plaintiff's claims are barred by the Statute of Frauds. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 16. That Plaintiff's claims are barred by the doctrine of unclean hands. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 17. That Plaintiff's claims are barred by the doctrine of laches. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 18. That Plaintiff's claims are barred by the doctrine of estoppel. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 19. That the amount Plaintiff claims is due and owing is incorrect. 2 of 3 FILED: WAYNE COUNTY CLERK 07/21/2022 02:10 PM INDEX NO. CV088630 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/21/2022 WHEREFORE, Defendant respectfully requests that the Complaint be dismissed with prejudice and that Defendant be awarded reasonable attorney's fees and the costs of this action and motion and for such other and further relief as to the court seems just and proper. Dated: July 21, 2022 _________________________ Frank J. Borgese, Esq. Graham & Borgese, LLP TO: Rubin & Rothman, LLC Attorneys for Defendant Attorneys for Plaintiff 1787 Veterans Highway Please send all correspondence to: Islandia, NY 11749 Graham & Borgese, LLP 1695 Empire Blvd., Suite 140 Webster, New York 14580 585-563-4020 3 of 3