On March 13, 2023 a
Motion-Secondary
was filed
involving a dispute between
Lakeview Loan Servicing, Llc,
and
John And Or Jane Doe 1 Through John And Or Jane Doe 12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or
Lien Upon The Premises, Described In The Complaints,
Katia A. Cadet,
New York City Environmental Control Board,
Sustainable Neighborhoods Llc,
United States Of America, Secretary Of Housing And Urban Development,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------------X
LAKEVIEW LOAN SERVICING, LLC, INDEX NO.: 705306/2023
Plaintiff, REPLY TO DEFENDANT
KATIA A. CADET’S
v. COUNTERCLAIMS
KATIA A. CADET; SUSTAINABLE NEIGHBORHOODS
LLC; UNITED STATES OF AMERICA, SECERTARY OF
HOUSING AND URBAN DEVLOPMENT; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
JOHN AND/OR JANE DOE 1 through JOHN AND/OR
JANE DOE 12, the last twelve names Being fictitious and
unknown to plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the premises,
described in the complaints,
Defendants.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE that Plaintiff, Lakeview Loan Servicing, LLC (“Lakeview”),
by their attorneys, Stern, Lavinthal and Frankenberg, LLC, interposes the followed Verified
Reply to the Counterclaims of Defendant, Katia A. Cadet (hereinafter “Defendant”), respectfully
denies all allegations asserted by Defendant in her counterclaims as and against Plaintiff and
states as follows:
1-20. Paragraphs 1 through 20 contain Defendant’s answers asserted in Plaintiff’s
Complaint in this action, to which no response from Plaintiff is required. To the extent a
response is required, Plaintiff denies any and all allegations.
Defendant’s Affirmative Defenses.
21-38. Paragraphs 21 through 38 asserting Defendant’s affirmative defenses, require no
response. To the extent a response is required, Plaintiff denies that Defendant’s affirmative
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FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023
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defenses are applicable and/or the Defendants can meet the applicable burden under each
defense.
AS AND FOR THE FIRST COUNTERCLAIM
Plaintiff Denies.
AS AND FOR THE SECOND COUNTERCLAIM
Plaintiff Denies.
AS AND FOR THE THIRD COUNTERCLAIM
Plaintiff Denies.
AS AND FOR THE FOURTH COUNTERCLAIM
Plaintiff Denies.
Plaintiff’s Affirmative Defenses to Defendant’s Counterclaims.
Without assuming any burden of proof that it would not otherwise bear, as for its
Affirmative Defenses, Plaintiff states as follows:
39. Defendant’s counterclaims fail to state a Cause of Action upon which relief may be
granted.
40. Defendant’s counterclaims are barred by the doctrine of ratification.
41. Defendant’s counterclaims are barred by the relevant Statute of Limitations.
42. Plaintiff at all times relevant hereto acted reasonable and accord with and as
authorized by applicable state and federal statutes and/or regulations and/or the loan documents
themselves.
43. Plaintiff did not owe, and/or breach any duty -if any- owing, to Defendants.
44. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure to
mitigate any damages alleged.
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FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023
45. Defendant’s counterclaims are barred as the Defendant has not sustained any
damages.
46. Plaintiff gives notice that it intends to rely on the doctrines of Offset and
Recoupment with respect to unsatisfied indebtedness, if any, of Defendant.
47. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure of
performance.
48. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure to
meet all conditions precedent and/or contractual obligations.
49. Plaintiff reserves the right to assert additional affirmative defenses based on
information or knowledge obtained throughout the court of litigation.
WHEREFORE, Plaintiff demands judgment dismissing the counterclaims, together with
the attorneys’ fees, costs and disbursements of this action.
Dated: April 28, 2023
STERN, LAVINTHAL & FRANKENBERG, LLC
By: ________________________________
Fei F. Lam, Esq. (2885531)
Attorneys for the Plaintiff
103 Eisenhower Parkway, Suite 100
Roseland, New Jersey 07068
T (973) 797-1100
and
186 Montague Street, 4th Floor
Brooklyn, New York 11201
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FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023
VERIFICATION
I, the undersigned, am an attorney admitted to practice in the Courts of the State of New
York. I state that I am one of the attorneys of record for the plaintiff in the within action. I have read
the foregoing Reply to Defendant Katia A. Cadet’s Counterclaims and know the contents thereof; the
same is true to my own knowledge, except as to the matters therein stated to be alleged on
information and belief, and as to those matters I believe it to be true.
The reason this Verification is made by me and not by the plaintiff is that the plaintiff does not have
its principal offices in the County in which I maintain my office.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
information provided by client, records of client, and public records.
I affirm that the foregoing statements are true, under the penalties of perjury pursuant to CPLR Rule
2106.
Dated: April 28, 2023
__________________________
FEI F. LAM, ESQ.
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Preview
FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------------X LAKEVIEW LOAN SERVICING, LLC, INDEX NO.: 705306/2023 Plaintiff, REPLY TO DEFENDANT KATIA A. CADET’S v. COUNTERCLAIMS KATIA A. CADET; SUSTAINABLE NEIGHBORHOODS LLC; UNITED STATES OF AMERICA, SECERTARY OF HOUSING AND URBAN DEVLOPMENT; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; JOHN AND/OR JANE DOE 1 through JOHN AND/OR JANE DOE 12, the last twelve names Being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaints, Defendants. -------------------------------------------------------------------------X PLEASE TAKE NOTICE that Plaintiff, Lakeview Loan Servicing, LLC (“Lakeview”), by their attorneys, Stern, Lavinthal and Frankenberg, LLC, interposes the followed Verified Reply to the Counterclaims of Defendant, Katia A. Cadet (hereinafter “Defendant”), respectfully denies all allegations asserted by Defendant in her counterclaims as and against Plaintiff and states as follows: 1-20. Paragraphs 1 through 20 contain Defendant’s answers asserted in Plaintiff’s Complaint in this action, to which no response from Plaintiff is required. To the extent a response is required, Plaintiff denies any and all allegations. Defendant’s Affirmative Defenses. 21-38. Paragraphs 21 through 38 asserting Defendant’s affirmative defenses, require no response. To the extent a response is required, Plaintiff denies that Defendant’s affirmative 1 of 4 FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023 defenses are applicable and/or the Defendants can meet the applicable burden under each defense. AS AND FOR THE FIRST COUNTERCLAIM Plaintiff Denies. AS AND FOR THE SECOND COUNTERCLAIM Plaintiff Denies. AS AND FOR THE THIRD COUNTERCLAIM Plaintiff Denies. AS AND FOR THE FOURTH COUNTERCLAIM Plaintiff Denies. Plaintiff’s Affirmative Defenses to Defendant’s Counterclaims. Without assuming any burden of proof that it would not otherwise bear, as for its Affirmative Defenses, Plaintiff states as follows: 39. Defendant’s counterclaims fail to state a Cause of Action upon which relief may be granted. 40. Defendant’s counterclaims are barred by the doctrine of ratification. 41. Defendant’s counterclaims are barred by the relevant Statute of Limitations. 42. Plaintiff at all times relevant hereto acted reasonable and accord with and as authorized by applicable state and federal statutes and/or regulations and/or the loan documents themselves. 43. Plaintiff did not owe, and/or breach any duty -if any- owing, to Defendants. 44. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure to mitigate any damages alleged. 2 of 4 FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023 45. Defendant’s counterclaims are barred as the Defendant has not sustained any damages. 46. Plaintiff gives notice that it intends to rely on the doctrines of Offset and Recoupment with respect to unsatisfied indebtedness, if any, of Defendant. 47. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure of performance. 48. Defendant’s counterclaims are barred, in whole or in part, by Defendant’s failure to meet all conditions precedent and/or contractual obligations. 49. Plaintiff reserves the right to assert additional affirmative defenses based on information or knowledge obtained throughout the court of litigation. WHEREFORE, Plaintiff demands judgment dismissing the counterclaims, together with the attorneys’ fees, costs and disbursements of this action. Dated: April 28, 2023 STERN, LAVINTHAL & FRANKENBERG, LLC By: ________________________________ Fei F. Lam, Esq. (2885531) Attorneys for the Plaintiff 103 Eisenhower Parkway, Suite 100 Roseland, New Jersey 07068 T (973) 797-1100 and 186 Montague Street, 4th Floor Brooklyn, New York 11201 3 of 4 FILED: QUEENS COUNTY CLERK 04/28/2023 01:30 PM INDEX NO. 705306/2023 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 04/28/2023 VERIFICATION I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York. I state that I am one of the attorneys of record for the plaintiff in the within action. I have read the foregoing Reply to Defendant Katia A. Cadet’s Counterclaims and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this Verification is made by me and not by the plaintiff is that the plaintiff does not have its principal offices in the County in which I maintain my office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: information provided by client, records of client, and public records. I affirm that the foregoing statements are true, under the penalties of perjury pursuant to CPLR Rule 2106. Dated: April 28, 2023 __________________________ FEI F. LAM, ESQ. 4 of 4