On September 29, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
The Trustees Of The Special Trades, Contracting And Construction Trust,
and
Independent Commercial Contractors Inc.,
for Commercial
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020
EXHIBIT P
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020
INDEX NO. 2015EF4002
FILED: ONONDAGA COUNTY CLERK 10 /27 /2015 09: 36 AM
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/27/2015
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
THE TRUSTEES OF THE SPECIAL TRADES, ANSWER
CONTRACTING AND CONSTRUCTION TRUST,
Plaintiff,
v. INDEX NO. 2015EF4002
RJI NO.
INDEPENDENT COMMERICIAL . . . . . . JUDGE. .. .
CONTRACTORS, INC.,
Defendant.
Defendant Independent Continercial Contractors, Inc. (hereinaker the
"Defendant") by its nttorneys the Antonucci Law Firm LLP, for an answer to the
complaint of the Plaintiff The Trustees of the Special Trades, Contracting and
Construction Trust (hereinaRer "Plaintiff") respectfully states as follows:
1. Adrnits the allegations contained in paragraphs two of the complaird
of the Plaintiff
2. Lacks knowledge or information suflicient to form a belief as to the truth
or falsity of the allegations contained in paragraphs one, eight, eleven and fourteen of
the cornplaint of the Plaintiff.
3. Avers that paragraph three of the complaint refer to documents which are
best evidence of their terms and conditions and, accordingly, denies the allegations
contained in that paragraph of the answer.
4. Avers that paragraghs four and five of the constitute legal coachisions and
not allegations of thct which, accordingly, do not require a response. To the extent the
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020
same constitute allegations, Lacks knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in those paragraphs ofthe complaint.
5. Denies the allegations contained in paragraphs seven, nine, ten, twelve,
Thirteen, fifteen and sixteen of the complaint
6. Denies each and every other allegation of the complaint which is not
.. . . . . . . .... . . .... .. .. . . .. . . . . ........ .... ... . ... ... . . . . . . .. . . .
otherwise denied, admitted, averred to or otherwise controverted above.
FOR A FIRST AFFIRMATIVE DEFl!NSE
7. The complaint fails to state a cause of action for which relief can be
granted.
FOR A SECOND AFFIRMATIVE DEFENSE
8, The Plaintiff has failed to satisfy conditions precedent to the
cotntnencernent of any cause of action.
FOR A THIRD AFFIlWIATIVE DEFENSE
9. The claims of Plaintiff ate barred by the doctrine of Dirty Hands.
FOR A FOURTH AFFIRMATIVE DEFENSE
10. The Plaintiff has failed to mitigate its damages.
FOR A FIFTH AFFIRMKrIVl3 DEFENSE
11. The Plaintiff breached its agreetnents with Defendant and is not entitled
to the relief sought.
FOR A SIXTH AFFIRMATIVE DEFENSE
12. The complaint is barred by the doctrine of accord and satisfaction.
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020
FOR A SEVENTH AFFIRMATIVE DEFENSE
13, The Defendant is barred by the doctrine ofnovation.
FOR A ElOHTH AFFIRMATIVE DEFENSE
14. The complaint is barred by the doctrine of estoppel.
FOR ANINTH AFFIRMATIVE DEFENSE
15. .. The complaint is barred by the doctrine of waiyer.
FOR A TENTH AFFIRMATIVE DEFENSE
16. Any equitable relief sought by the Defendant is barred by the existence
and terrns of the agieeisent between the parties.
FOR A ELEVENTH AFFIRMATIVE DEFENSE
17. The clairns are barred the Laws of the State ofNew York and the United
States of America.
FOR A TWELFTH AFFIRMATIVE DEFENSE
18. The.Defendant has failed to name necessary parties.
WHEIGFORE, the Plaintiff demands the complaint be dismissed as set forth
above along with such other and further relief as the court finds just and proper including
the complaint the costs and disbursements of this action and reasonable attorney's fees.
Dated: October 26, 2015
Antonucci Law Fir n LE.--
David P. Antonucci Esq.
Attomey for Defendant
Office and P.O. Address
12 Public Square
Watertown, New York 13601
(315) 788-7300
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020
To: Frederick J. Micale Esq. P.C.
Attomeys for Defendant
Office and P.O.. Address
P.O. Box 2096
Syracuse, New York 13220
.. . . . . . . . ...... .. . . . .. . . . .. . . . . ... . ... . .. ..... . . .. ... . .. .
Document Filed Date
October 14, 2020
Case Filing Date
September 29, 2015
Status
Stayed-Court Date/Application Pending
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020 EXHIBIT P FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020 INDEX NO. 2015EF4002 FILED: ONONDAGA COUNTY CLERK 10 /27 /2015 09: 36 AM NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/27/2015 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA THE TRUSTEES OF THE SPECIAL TRADES, ANSWER CONTRACTING AND CONSTRUCTION TRUST, Plaintiff, v. INDEX NO. 2015EF4002 RJI NO. INDEPENDENT COMMERICIAL . . . . . . JUDGE. .. . CONTRACTORS, INC., Defendant. Defendant Independent Continercial Contractors, Inc. (hereinaker the "Defendant") by its nttorneys the Antonucci Law Firm LLP, for an answer to the complaint of the Plaintiff The Trustees of the Special Trades, Contracting and Construction Trust (hereinaRer "Plaintiff") respectfully states as follows: 1. Adrnits the allegations contained in paragraphs two of the complaird of the Plaintiff 2. Lacks knowledge or information suflicient to form a belief as to the truth or falsity of the allegations contained in paragraphs one, eight, eleven and fourteen of the cornplaint of the Plaintiff. 3. Avers that paragraph three of the complaint refer to documents which are best evidence of their terms and conditions and, accordingly, denies the allegations contained in that paragraph of the answer. 4. Avers that paragraghs four and five of the constitute legal coachisions and not allegations of thct which, accordingly, do not require a response. To the extent the FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020 same constitute allegations, Lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in those paragraphs ofthe complaint. 5. Denies the allegations contained in paragraphs seven, nine, ten, twelve, Thirteen, fifteen and sixteen of the complaint 6. Denies each and every other allegation of the complaint which is not .. . . . . . . .... . . .... .. .. . . .. . . . . ........ .... ... . ... ... . . . . . . .. . . . otherwise denied, admitted, averred to or otherwise controverted above. FOR A FIRST AFFIRMATIVE DEFl!NSE 7. The complaint fails to state a cause of action for which relief can be granted. FOR A SECOND AFFIRMATIVE DEFENSE 8, The Plaintiff has failed to satisfy conditions precedent to the cotntnencernent of any cause of action. FOR A THIRD AFFIlWIATIVE DEFENSE 9. The claims of Plaintiff ate barred by the doctrine of Dirty Hands. FOR A FOURTH AFFIRMATIVE DEFENSE 10. The Plaintiff has failed to mitigate its damages. FOR A FIFTH AFFIRMKrIVl3 DEFENSE 11. The Plaintiff breached its agreetnents with Defendant and is not entitled to the relief sought. FOR A SIXTH AFFIRMATIVE DEFENSE 12. The complaint is barred by the doctrine of accord and satisfaction. FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020 FOR A SEVENTH AFFIRMATIVE DEFENSE 13, The Defendant is barred by the doctrine ofnovation. FOR A ElOHTH AFFIRMATIVE DEFENSE 14. The complaint is barred by the doctrine of estoppel. FOR ANINTH AFFIRMATIVE DEFENSE 15. .. The complaint is barred by the doctrine of waiyer. FOR A TENTH AFFIRMATIVE DEFENSE 16. Any equitable relief sought by the Defendant is barred by the existence and terrns of the agieeisent between the parties. FOR A ELEVENTH AFFIRMATIVE DEFENSE 17. The clairns are barred the Laws of the State ofNew York and the United States of America. FOR A TWELFTH AFFIRMATIVE DEFENSE 18. The.Defendant has failed to name necessary parties. WHEIGFORE, the Plaintiff demands the complaint be dismissed as set forth above along with such other and further relief as the court finds just and proper including the complaint the costs and disbursements of this action and reasonable attorney's fees. Dated: October 26, 2015 Antonucci Law Fir n LE.-- David P. Antonucci Esq. Attomey for Defendant Office and P.O. Address 12 Public Square Watertown, New York 13601 (315) 788-7300 FILED: ONONDAGA COUNTY CLERK 10/14/2020 03:43 PM INDEX NO. 2015EF4002 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 10/14/2020 To: Frederick J. Micale Esq. P.C. Attomeys for Defendant Office and P.O.. Address P.O. Box 2096 Syracuse, New York 13220 .. . . . . . . . ...... .. . . . .. . . . .. . . . . ... . ... . .. ..... . . .. ... . .. .