On January 11, 2023 a
Answer
was filed
involving a dispute between
Louann Associates Llc
And All Other Plaintiffs Similarly Situated Identified In The Annexed Exhibit A Affecting The Parcels Listed Therein By Section, Block, And Lot Description,
and
Albertson Fire Company,,
Albertson Water District,,
Amityville School District,,
Baldwin School District,,
Barnum Island Fire District,,
Bay Park Fire District,,
Bayville Fire Company No. 1,,
Belgrave Water Pollution Control District,,
Bellerose Fire District,,
Bellerose Terrace Fire Department,,
Bellmore School District,,
Bethpage Water District,,
Bruce A. Blakeman,
In His Official Capacity As Nassau County Executive,,
Carle Place Water District,,
Cathedral Gardens Water District,,
City Of Glen Cove,,
City Of Long Beach,,
City Of Long Beach Public Works Division Of Sewer Maintenance,,
County Of Nassau,,
David Y. Chiang,
In His Official Capacity As Nassau County Treasurer,,
East Williston Fire District,,
Elmont Fire District,,
Farmingdale School District,,
Floral Park-Bellerose Fire District,,
Flower Hill Hose Company No. 1,,
Franklin Square-Munson Fire District,,
Freeport School District,,
Freeport Village,
Garden City School District,,
Garden City Water And Sewer Department,,
Glen Cove School District,,
Glen Cove Water Department,,
Glenwood Landing Fire Department,,
Glenwood Water District,,
Greater Atlantic Beach Water Reclamation District,,
Great Neck Water Pollution Control District,,
Hempstead School District,,
Herricks School District,,
Hewlett Fire District,,
Hewlett-Woodmere School District,,
Hicksville Water District,,
Incorporated Village Of Bayville School District,,
Incorporated Village Of Williston Park Water Department,,
Inwood Fire District,,
Island Trees School District,,
Jericho Water District,,
Lake Success Village,
Lakeview School District,,
Lawrence-Cedarhurst Fire District,,
Lawrence Union Free School District,,
Levittown School District,,
Locust Valley Water District,,
Long Beach School District,,
Lynbrook Water District,,
Malverne School District,,
Manhasset-Lakeville Water District,,
Manhasset School District,,
Manorhaven Village,
Massapequa Water District,,
Matthew R. Cronin,
In His Official Capacity As Assessor Of The County Of Nassau,,
Meadowmere Park Fire District,,
Merrick Union Free School District,,
Mineola School District,,
Mineola Village,
Nassau County Department Of Assessment,,
Nassau County Department Of Public Works,,
Nassau County Legislature,,
Nassau County Police Department,,
New Hyde Park-Garden City Park School District,,
New Hyde Park-Garden City Ufsd,,
New York American Water-Merrick,,
New York American Water-Sea Cliff,,
North Shore School District,,
Oceanside School District,,
Oyster Bay-East Norwich Central School District,,
Plainedge Public Schools,,
Plainview-Old Bethpage School District,,
Plainview Water District,,
Plandome Fire Department,,
Point Lookout-Lido Fire District,,
Port Washington Water Pollution Control District,,
Rockville Centre School District,,
Rockville Centre Village,
Roosevelt School District,,
Roslyn Village,
Roslyn Water District,,
Sanitary District 6,,
Sanitary District No. 2,,
Sea Cliff Fire District,,
Seaford School District,,
South Floral Park Fire Department,,
South Hempstead Fire District,,
Stewart Manor Fire District,,
Syosset School District,
Town Of Hempstead,,
Town Of Hempstead Water Department,,
Town Of North Hempstead,,
Town Of Oyster Bay,,
Uniondale School District,,
Valley Stream Fire District,,
Valley Stream School District 13,,
Valley Stream School District 24,,
Valley Stream School District 30,,
Village Of Hempstead Water Department,,
Village Of Mineola Water Department,,
Village Of Old Westbury Water Department,,
Village Of Rockville Centre Water Department,,
Village Of Sands Point Water Department,,
Wantagh School District,,
Water Authority Of Great Neck North,,
Westbury Water District,,
West Hempstead Water District,,
Williston Park Fire District,,
Woodbury Fire Company No. 1,,
Woodmere Fire District,,
for Real Property - Tax Certiorari
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
LOANN ASSOCIATES LLC, Index No.: 600700/2023
and all other Plaintiffs similarly situated identified
"A"
in the annexed Exhibit affecting the parcels listed
therein by Section, Block and Lot description,
Plaintiffs,
VERIFIED AMENDED
ANSWER TO SUMMONS
-against- AND VERIFIED
COMPLAINT
BRUCE A. BLAKEMAN, in his official capacity as
NASSAU COUNTY EXECUTIVE...
CITY OF LONG BEACH, CITY OF LONG BEACH
PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, et al.
Defendants.
------------------------_____________----------------------------------Ç
Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS
DIVISION OF SEWER MAINTENANCE, by its attorney, CHARLES GEIGER, ESQ., Acting
Corporation Counsel, answering the Verified Complaint of the Plaintiffs, on behalf of the
Defendants CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS
DIVISION OF SEWER MAINTENANCE, allege as follows, upon information and belief:
1. DENY having knowledge or information sufficient to form a belief as to the
contents of the paragraphs of the Complaint numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 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, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93,
94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114,
115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133,
1 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152,
153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171,
172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190,
191, 192, 193, 194, 195, 196, 197, 198, 199, 200 and 201.
2. ADMIT to the truth of the allegations contained in paragraph 29 of the of the
Verified Complaint.
3. DENY having knowledge or information sufficient to form a belief as to the
contents of the paragraphs of the Complaint numbered 202, 203, 204, 205, 206, 207, 208, 209,
210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228,
229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 and 244 and refers
questions of law to this Honorable Court.
ANSWERING THE FIRST CAUSE OF ACTION
4. In response to paragraph 245, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 244 above.
5. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 246, 247, 248, 249, and 250 of the
Complaint and refers questions of law to this Honorable Court.
ANSWERING THE SECOND CAUSE OF ACTION
6. In response to paragraph 251, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 250 above.
7. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 252, 253, 254, 255, 256, 257, 258, 259,
2 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
260, 261, 262, 263, 264, and 265 of the Complaint and refers questions of law to this Honorable
Court.
ANSWERING THE THIRD CAUSE OF ACTION
8. In response to paragraph 266, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 265 above.
9. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 267, 268, 269, 270, 271, 272, 273, 274,
275, 276, 277, 278, 279, 280, and 281 of the Complaint and refers questions of law to this
Honorable Court.
ANSWERING THE FOURTH CAUSE OF ACTION
10. In response to paragraph 282, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 281 above.
11. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 282, 283, 284, 285, 286, and 287 of the
Complaint and refers questions of law to this Honorable Court.
ANSWERING THE FIFTH CAUSE OF ACTION
12. In response to paragraph 288, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 287 above.
13. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 289, 290, 291, 292, 293, 294 and 295
of the Complaint and refers questions of law to this Honorable Court.
3 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
ANSWERING THE SIXTH CAUSE OF ACTION
14. In response to paragraph 296, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 295 above.
15. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 297, 298, 299, 300, 301, 302, 303, 304,
305, 306, 307, 308, 309, 310, 311, 312, and 313 of the Complaint and refers questions of law to
this Honorable Court.
ANSWERING THE SEVENTH CAUSE OF ACTION
16. In response to paragraph 314, Defendants repeat, re-iterate, and re-allege each and
every denial in response to paragraphs 1 through 28 and 30 through 313 above.
17. DENY having knowledge or information sufficient to form a belief as to the
veracity of any of the allegations contained in paragraphs 315, 316, 317, and 318 of the
Complaint and refers questions of law to this Honorable Court.
18. The answering Defendants deny each and every other allegation contained in the
Complaint which is not specifically admitted or otherwise denied herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
19. That the Complaint fails to state a cause of action against the Answering
Defendants.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
20. The actions of the Defendants, CITY OF LONG BEACH and CITY OF LONG
BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE were in full compliance
with the provisions of the law, including the provisions of Nassau County Code, the City of Long
Beach Charter and City of Long Beach Local Code of Ordinances.
4 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
21. The claims against Defendants, CITY OF LONG BEACH and CITY OF LONG
BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE are not ripe for
adjudication.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
22. There exists no duty of Defendants, CITY OF LONG BEACH and CITY OF
LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE owed to Plaintiffs
and, in the absence of same, the Complaint must be dismissed as to the answering Defendants.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
23. As Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH
PUBLIC WORKS DIVISION OF SEWER MAINTENANCE properly followed County Code
and other applicable laws as to the receiving of City taxes, Plaintiffs cannot properly assert a
claim of unjust enrichment.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
24. A Notice of Claim was not served in compliance with Section 258 of the Charter
Plaintiffs'
of the City of Long Beach, and Complaint must be dismissed.
AS AND FOR AN SEVENTH AFFIRMATIVE DEFENSE
Plaintiffs'
25. causes of action are time barred.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
Plaintiffs'
26. causes of action are barred by res judicata.
AS AND FOR AN NINTH AFFIRMATIVE DEFENSE
Plaintiffs'
27. Upon information and belief, and Defendant, COUNTY OF NASSAU,
failed to provide Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC
5 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
WORKS DIVISION OF SEWER MAINTENANCE notice that any taxes were paid under
protest.
AS AND FOR AN TENTH AFFIRMATIVE DEFENSE
28. The Plaintiffs have failed to state a cause of action upon which relief can be
granted. Defendants CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS
DIVISION OF SEWER MAINTENANCE reserve the right to move to dismiss the Verified
Complaint on this and other bases.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
29. Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC
WORKS DIVISION OF SEWER MAINTENANCE, reserve the right to assert any additional
affirmative defenses and claims of avoidance as may be appropriate based upon the facts or
issues during the course of additional investigation and discovery.
WHEREFORE, the Defendants, CITY OF LONG BEACH and CITY OF LONG
BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, and any of its officials
Plaintiffs'
and employees named herein, demands judgment dismissing the Complaint on the
merits, and if the Plaintiffs are found to have contributed to the incident or damages, that any
damages be reduced in proportion to which the Plaintiffs may be found to have so contributed as
a jury or Court may direct together with the costs, disbursements and expenses of this action
attorneys'
including fees, and granting such other and further relief as this Court may deem just
and proper.
Dated: Long Beach, New York
March 13, 2023
CHARLES GEIGER, ESQ.
Acting Corporation Counsel of the
City of Long Beach
Attorneys for Defendants
6 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
City of Long Beach and
City of Long Beach Public Works Division of
Sewer Maintenance
1 West Chester Street
Long Beach, New York 11561
(516) 431-1003
By:
'
Steven 1%ímbianchi, Esq.
Assistant Corporation Counsel
VIA NYSCEF
TO: HERMAN KATZ CANGEMI WILKES & CLYNE, LLP
Attorneys for Plaintiffs
538 Broadhollow Road, Suite 307
Melville, New York 11747
(631) 501-5011
GUERCIO & GUERCIO, LLP
Attorneys for Defendant, Farmingdale UFSD
77 Conklin Street
Farmingdale, NY 11735
(516) 694-3000
ALL OTHER NAMED PARTIES
7 of 8
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, Steven Pambianchi, Esq., being duly sworn depose and say: I am an Assistant Corporation
Counsel of the City of Long Beach, and represent the Defendants City of Long Beach and City
of Long Beach Public Works Division of Sewer Maintenance in this action; I have read
Defendants'
foregoing Verified Amended Answer and know the contents thereof, and the same
is 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 it to be true. This Verification is made
by me because the City of Long Beach is a municipal corporation and I am the Assistant
Corporation Counsel thereof. The grounds of my belief as to all matters not stated upon my own
knowledge are as follows: book, records, correspondence and other documents in the possession
of the deponents.
STEVEN PAMBIAN HI, ESQ.
Sworn to before me this
13th day of March 2023
Noi y Publi
MELISSA ORTIZ
of New
State York
Notary Public,
No. 010R5077631
Qualified in Nassau County
Commission Expires May 12, 2023
8 of 8
Preview
FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LOANN ASSOCIATES LLC, Index No.: 600700/2023 and all other Plaintiffs similarly situated identified "A" in the annexed Exhibit affecting the parcels listed therein by Section, Block and Lot description, Plaintiffs, VERIFIED AMENDED ANSWER TO SUMMONS -against- AND VERIFIED COMPLAINT BRUCE A. BLAKEMAN, in his official capacity as NASSAU COUNTY EXECUTIVE... CITY OF LONG BEACH, CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, et al. Defendants. ------------------------_____________----------------------------------Ç Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, by its attorney, CHARLES GEIGER, ESQ., Acting Corporation Counsel, answering the Verified Complaint of the Plaintiffs, on behalf of the Defendants CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, allege as follows, upon information and belief: 1. DENY having knowledge or information sufficient to form a belief as to the contents of the paragraphs of the Complaint numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 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, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 1 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200 and 201. 2. ADMIT to the truth of the allegations contained in paragraph 29 of the of the Verified Complaint. 3. DENY having knowledge or information sufficient to form a belief as to the contents of the paragraphs of the Complaint numbered 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243 and 244 and refers questions of law to this Honorable Court. ANSWERING THE FIRST CAUSE OF ACTION 4. In response to paragraph 245, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 244 above. 5. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 246, 247, 248, 249, and 250 of the Complaint and refers questions of law to this Honorable Court. ANSWERING THE SECOND CAUSE OF ACTION 6. In response to paragraph 251, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 250 above. 7. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 252, 253, 254, 255, 256, 257, 258, 259, 2 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 260, 261, 262, 263, 264, and 265 of the Complaint and refers questions of law to this Honorable Court. ANSWERING THE THIRD CAUSE OF ACTION 8. In response to paragraph 266, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 265 above. 9. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, and 281 of the Complaint and refers questions of law to this Honorable Court. ANSWERING THE FOURTH CAUSE OF ACTION 10. In response to paragraph 282, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 281 above. 11. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 282, 283, 284, 285, 286, and 287 of the Complaint and refers questions of law to this Honorable Court. ANSWERING THE FIFTH CAUSE OF ACTION 12. In response to paragraph 288, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 287 above. 13. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 289, 290, 291, 292, 293, 294 and 295 of the Complaint and refers questions of law to this Honorable Court. 3 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 ANSWERING THE SIXTH CAUSE OF ACTION 14. In response to paragraph 296, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 295 above. 15. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, and 313 of the Complaint and refers questions of law to this Honorable Court. ANSWERING THE SEVENTH CAUSE OF ACTION 16. In response to paragraph 314, Defendants repeat, re-iterate, and re-allege each and every denial in response to paragraphs 1 through 28 and 30 through 313 above. 17. DENY having knowledge or information sufficient to form a belief as to the veracity of any of the allegations contained in paragraphs 315, 316, 317, and 318 of the Complaint and refers questions of law to this Honorable Court. 18. The answering Defendants deny each and every other allegation contained in the Complaint which is not specifically admitted or otherwise denied herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 19. That the Complaint fails to state a cause of action against the Answering Defendants. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 20. The actions of the Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE were in full compliance with the provisions of the law, including the provisions of Nassau County Code, the City of Long Beach Charter and City of Long Beach Local Code of Ordinances. 4 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 21. The claims against Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE are not ripe for adjudication. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 22. There exists no duty of Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE owed to Plaintiffs and, in the absence of same, the Complaint must be dismissed as to the answering Defendants. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 23. As Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE properly followed County Code and other applicable laws as to the receiving of City taxes, Plaintiffs cannot properly assert a claim of unjust enrichment. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 24. A Notice of Claim was not served in compliance with Section 258 of the Charter Plaintiffs' of the City of Long Beach, and Complaint must be dismissed. AS AND FOR AN SEVENTH AFFIRMATIVE DEFENSE Plaintiffs' 25. causes of action are time barred. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE Plaintiffs' 26. causes of action are barred by res judicata. AS AND FOR AN NINTH AFFIRMATIVE DEFENSE Plaintiffs' 27. Upon information and belief, and Defendant, COUNTY OF NASSAU, failed to provide Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC 5 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 WORKS DIVISION OF SEWER MAINTENANCE notice that any taxes were paid under protest. AS AND FOR AN TENTH AFFIRMATIVE DEFENSE 28. The Plaintiffs have failed to state a cause of action upon which relief can be granted. Defendants CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE reserve the right to move to dismiss the Verified Complaint on this and other bases. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 29. Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, reserve the right to assert any additional affirmative defenses and claims of avoidance as may be appropriate based upon the facts or issues during the course of additional investigation and discovery. WHEREFORE, the Defendants, CITY OF LONG BEACH and CITY OF LONG BEACH PUBLIC WORKS DIVISION OF SEWER MAINTENANCE, and any of its officials Plaintiffs' and employees named herein, demands judgment dismissing the Complaint on the merits, and if the Plaintiffs are found to have contributed to the incident or damages, that any damages be reduced in proportion to which the Plaintiffs may be found to have so contributed as a jury or Court may direct together with the costs, disbursements and expenses of this action attorneys' including fees, and granting such other and further relief as this Court may deem just and proper. Dated: Long Beach, New York March 13, 2023 CHARLES GEIGER, ESQ. Acting Corporation Counsel of the City of Long Beach Attorneys for Defendants 6 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 City of Long Beach and City of Long Beach Public Works Division of Sewer Maintenance 1 West Chester Street Long Beach, New York 11561 (516) 431-1003 By: ' Steven 1%ímbianchi, Esq. Assistant Corporation Counsel VIA NYSCEF TO: HERMAN KATZ CANGEMI WILKES & CLYNE, LLP Attorneys for Plaintiffs 538 Broadhollow Road, Suite 307 Melville, New York 11747 (631) 501-5011 GUERCIO & GUERCIO, LLP Attorneys for Defendant, Farmingdale UFSD 77 Conklin Street Farmingdale, NY 11735 (516) 694-3000 ALL OTHER NAMED PARTIES 7 of 8 FILED: NASSAU COUNTY CLERK 03/13/2023 05:41 PM INDEX NO. 600700/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/13/2023 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, Steven Pambianchi, Esq., being duly sworn depose and say: I am an Assistant Corporation Counsel of the City of Long Beach, and represent the Defendants City of Long Beach and City of Long Beach Public Works Division of Sewer Maintenance in this action; I have read Defendants' foregoing Verified Amended Answer and know the contents thereof, and the same is 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 it to be true. This Verification is made by me because the City of Long Beach is a municipal corporation and I am the Assistant Corporation Counsel thereof. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: book, records, correspondence and other documents in the possession of the deponents. STEVEN PAMBIAN HI, ESQ. Sworn to before me this 13th day of March 2023 Noi y Publi MELISSA ORTIZ of New State York Notary Public, No. 010R5077631 Qualified in Nassau County Commission Expires May 12, 2023 8 of 8