Preview
FILED: ESSEX COUNTY CLERK 04/28/2023
10/05/2021 04:59
04:03 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 98
27 RECEIVED NYSCEF: 04/28/2023
10/05/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
ANSWER TO AMENDED
MATT LAVALLEE, COMPLAINT
Plaintiff,
-against-
TRISHA SHEEHAN, and MARCIA M. ERWIN, as Ancillary Index No.: CV20-0447
Executrix of the goods, chattels and credit of Maynard Francis RJI No.: 15-1-2020-0185E
Erwin, A/K/A M. Frank Erwin, deceased,
Defendants.
Defendant, MARCIA M. ERWIN, as Ancillary Executrix of the goods, chattels
and credits of Maynard Francis Erwin, A/K/A M. Frank Erwin, deceased (hereafter “Erwin”),
answering the Amended Complaint of the Plaintiff, respectfully alleges to this Court as follows:
1. Denies having knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations set forth in the paragraphs of the Amended Complaint marked and
numbered 1, 2, 9, 10, 11, 12, 13, 14, 17 and 18.
2. Denies the allegations set forth in the paragraph of the Amended Complaint marked
and numbered 16.
3. Denies having knowledge or information sufficient to form a belief as to the truth
or falsity of the allegation set forth in the paragraph of the Amended Complaint marked and
numbered 8 that alleges that “since June 8, 2015 and to the date hereof plaintiff, as contract vendee,
has fully complied with all of the Exhibit A contract terms, payments and conditions”, and admits
the balance of the allegations in said Paragraph 8 that alleges Erwin has fully complied with all
contract terms and conditions.
4. Denies having knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations set forth in the paragraph of the Amended Complaint marked and
numbered 19 (1), (2) and (4) and deny the allegation in Paragraph 19 (3) that implies that
1 of 4
FILED: ESSEX COUNTY CLERK 04/28/2023
10/05/2021 04:59
04:03 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 98
27 RECEIVED NYSCEF: 04/28/2023
10/05/2021
Defendant Erwin “requested” the payment particulars and balance remaining unpaid, but Erwin
nevertheless has no objection to providing the details of all payments received by Erwin on said
contract or contracts and setting for the unpaid remaining balance due thereunder.
5. Admits the allegations set forth in the paragraphs of the Amended Complaint
marked and numbered 3, 4, 5, 6 and 15.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
6. Erwin has fully complied with all contractual obligations required of the Contract
Vendor and accordingly Erwin is merely a stakeholder and will comply with the final order or
judgment of the Court as to conveying the real property to the proper and correct party as
determined by the Court, subject and conditioned upon receipt by Erwin of the unpaid balance due
on the purchase price.
AS AND FOR A FIRST COUNTERCLAIM AND CROSS CLAIM FOR
INTERPLEADER AND DECLARATORY RELIEF
7. Erwin at all times mentioned in the Amended Complaint is the owner and contract
vendor of the real property described in the Complaint and in the Contract.
8. Plaintiff and Defendant Sheehan have asserted conflicting claims of entitlement to
the right to receive a deed of conveyance from Erwin once the unpaid balance of the Contract
Purchase Price is fully paid.
9. By reason of these conflicting claims of Plaintiff and Sheehan, Erwin is caught in
the middle as a stakeholder and therefore asserts this interpleader claim pursuant to CPLR §1006
and §3001 for appropriate relief.
10. Erwin has specifically requested Plaintiff and Sheehan to enter into an agreement
that would allow Erwin to convey the real property to a trustee, or escrow agent, or receiver
pursuant to said suggested agreement between said parties, once Erwin is fully paid pursuant to
the Contract, however, Plaintiff and Sheehan have refused to do so. Said proposed escrow agent,
2 of 4
FILED: ESSEX COUNTY CLERK 04/28/2023
10/05/2021 04:59
04:03 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 98
27 RECEIVED NYSCEF: 04/28/2023
10/05/2021
trustee, or receiver would continue to hold title to the real property pending the final order or
judgment of the Court that will determine whether Plaintiff or Sheehan is entitled to a deed.
11. Such an agreement or order of the court authorizing the interim conveyance of the
real property to an escrow agent, trustee or receiver would allow Erwin to complete her contractual
obligation to convey the real property and end her involvement in this dispute. Erwin’s
involvement or participation in the legal action between Plaintiff and Sheehan was not provided
for or anticipated in the Contract, and Erwin should not be required to do anything other than
convey the real property once the purchase price is fully paid.
12. Accordingly Erwin requests that the Court grant an order permitting Erwin, once
full payment has been received, to convey the property to an interim escrow agent, trustee or
receiver appointed by the Court to receive a deed from Erwin to the real property, together with
an award of costs to Erwin, including an award of Erwin’s reasonable attorney’s fees as permitted
by CPLR §1006 and the New York case law thereunder authorizing the payment of the
stakeholder’s costs and reasonable attorney’s fees.
WHEREFORE: Erwin requests judgment (1) limiting her involvement in the main
action between Plaintiff and Sheehan to providing an accounting of installment payments received
and a statement of the remaining unpaid balance; and (2) granting her interpleader and declaratory
judgment claim ordering the appointment of an escrow agent, trustee, or receiver and ordering
Erwin to convey said property to the Court appointed escrow agent, trustee, or receiver once Erwin
has been paid in full pursuant to the Contract and Erwin has also received payment of any and all
costs and reasonable attorney’s fees that the Court may deem appropriate to award to Erwin, given
her innocent stakeholder status in the unfortunate dispute between Plaintiff and Sheehan, together
with such other and further relief the Court may deem just and proper under the circumstances.
Dated: October 5, 2021
3 of 4
FILED: ESSEX COUNTY CLERK 04/28/2023
10/05/2021 04:59
04:03 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 98
27 RECEIVED NYSCEF: 04/28/2023
10/05/2021
____________________________
Joseph M. Walsh, Esq.
WALSH & WALSH, LLP
Attorneys for Defendant
MARCIA M. ERWIN, as Ancillary
Executrix of the goods, chattels and credit of
Maynard Francis Erwin, A/K/A M. Frank
Erwin, deceased
42 Long Alley
Saratoga Springs, New York 12866
(518) 583-0171
wwllp@spalaw2.com
TO:
Law Office of James M. Brooks
Attorney for Plaintiff
72 Olympic Drive
Lake Placid, NY 12946
(518) 523-1555
jamesbrooks@jimbrooks.net
Norfolk Law PLLC
Attn: Matthew D. Norfolk, Esq.
Attorney for Defendant Trisha Sheehan
1936 Saranac Avenue, #106
Lake Placid, NY 12946
(518) 308-8080
matthew@norfolk-law.com
s:\amasters\litigation\8070 lavallee v sheehan & erwin\8070 answer to amended complaint 10-5-21.docx
4 of 4
Preview
FILED: ESSEX COUNTY CLERK 04/28/2023 10/05/2021 04:59 04:03 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 98 27 RECEIVED NYSCEF: 04/28/2023 10/05/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX ANSWER TO AMENDED MATT LAVALLEE, COMPLAINT Plaintiff, -against- TRISHA SHEEHAN, and MARCIA M. ERWIN, as Ancillary Index No.: CV20-0447 Executrix of the goods, chattels and credit of Maynard Francis RJI No.: 15-1-2020-0185E Erwin, A/K/A M. Frank Erwin, deceased, Defendants. Defendant, MARCIA M. ERWIN, as Ancillary Executrix of the goods, chattels and credits of Maynard Francis Erwin, A/K/A M. Frank Erwin, deceased (hereafter “Erwin”), answering the Amended Complaint of the Plaintiff, respectfully alleges to this Court as follows: 1. Denies having knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in the paragraphs of the Amended Complaint marked and numbered 1, 2, 9, 10, 11, 12, 13, 14, 17 and 18. 2. Denies the allegations set forth in the paragraph of the Amended Complaint marked and numbered 16. 3. Denies having knowledge or information sufficient to form a belief as to the truth or falsity of the allegation set forth in the paragraph of the Amended Complaint marked and numbered 8 that alleges that “since June 8, 2015 and to the date hereof plaintiff, as contract vendee, has fully complied with all of the Exhibit A contract terms, payments and conditions”, and admits the balance of the allegations in said Paragraph 8 that alleges Erwin has fully complied with all contract terms and conditions. 4. Denies having knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in the paragraph of the Amended Complaint marked and numbered 19 (1), (2) and (4) and deny the allegation in Paragraph 19 (3) that implies that 1 of 4 FILED: ESSEX COUNTY CLERK 04/28/2023 10/05/2021 04:59 04:03 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 98 27 RECEIVED NYSCEF: 04/28/2023 10/05/2021 Defendant Erwin “requested” the payment particulars and balance remaining unpaid, but Erwin nevertheless has no objection to providing the details of all payments received by Erwin on said contract or contracts and setting for the unpaid remaining balance due thereunder. 5. Admits the allegations set forth in the paragraphs of the Amended Complaint marked and numbered 3, 4, 5, 6 and 15. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6. Erwin has fully complied with all contractual obligations required of the Contract Vendor and accordingly Erwin is merely a stakeholder and will comply with the final order or judgment of the Court as to conveying the real property to the proper and correct party as determined by the Court, subject and conditioned upon receipt by Erwin of the unpaid balance due on the purchase price. AS AND FOR A FIRST COUNTERCLAIM AND CROSS CLAIM FOR INTERPLEADER AND DECLARATORY RELIEF 7. Erwin at all times mentioned in the Amended Complaint is the owner and contract vendor of the real property described in the Complaint and in the Contract. 8. Plaintiff and Defendant Sheehan have asserted conflicting claims of entitlement to the right to receive a deed of conveyance from Erwin once the unpaid balance of the Contract Purchase Price is fully paid. 9. By reason of these conflicting claims of Plaintiff and Sheehan, Erwin is caught in the middle as a stakeholder and therefore asserts this interpleader claim pursuant to CPLR §1006 and §3001 for appropriate relief. 10. Erwin has specifically requested Plaintiff and Sheehan to enter into an agreement that would allow Erwin to convey the real property to a trustee, or escrow agent, or receiver pursuant to said suggested agreement between said parties, once Erwin is fully paid pursuant to the Contract, however, Plaintiff and Sheehan have refused to do so. Said proposed escrow agent, 2 of 4 FILED: ESSEX COUNTY CLERK 04/28/2023 10/05/2021 04:59 04:03 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 98 27 RECEIVED NYSCEF: 04/28/2023 10/05/2021 trustee, or receiver would continue to hold title to the real property pending the final order or judgment of the Court that will determine whether Plaintiff or Sheehan is entitled to a deed. 11. Such an agreement or order of the court authorizing the interim conveyance of the real property to an escrow agent, trustee or receiver would allow Erwin to complete her contractual obligation to convey the real property and end her involvement in this dispute. Erwin’s involvement or participation in the legal action between Plaintiff and Sheehan was not provided for or anticipated in the Contract, and Erwin should not be required to do anything other than convey the real property once the purchase price is fully paid. 12. Accordingly Erwin requests that the Court grant an order permitting Erwin, once full payment has been received, to convey the property to an interim escrow agent, trustee or receiver appointed by the Court to receive a deed from Erwin to the real property, together with an award of costs to Erwin, including an award of Erwin’s reasonable attorney’s fees as permitted by CPLR §1006 and the New York case law thereunder authorizing the payment of the stakeholder’s costs and reasonable attorney’s fees. WHEREFORE: Erwin requests judgment (1) limiting her involvement in the main action between Plaintiff and Sheehan to providing an accounting of installment payments received and a statement of the remaining unpaid balance; and (2) granting her interpleader and declaratory judgment claim ordering the appointment of an escrow agent, trustee, or receiver and ordering Erwin to convey said property to the Court appointed escrow agent, trustee, or receiver once Erwin has been paid in full pursuant to the Contract and Erwin has also received payment of any and all costs and reasonable attorney’s fees that the Court may deem appropriate to award to Erwin, given her innocent stakeholder status in the unfortunate dispute between Plaintiff and Sheehan, together with such other and further relief the Court may deem just and proper under the circumstances. Dated: October 5, 2021 3 of 4 FILED: ESSEX COUNTY CLERK 04/28/2023 10/05/2021 04:59 04:03 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 98 27 RECEIVED NYSCEF: 04/28/2023 10/05/2021 ____________________________ Joseph M. Walsh, Esq. WALSH & WALSH, LLP Attorneys for Defendant MARCIA M. ERWIN, as Ancillary Executrix of the goods, chattels and credit of Maynard Francis Erwin, A/K/A M. Frank Erwin, deceased 42 Long Alley Saratoga Springs, New York 12866 (518) 583-0171 wwllp@spalaw2.com TO: Law Office of James M. Brooks Attorney for Plaintiff 72 Olympic Drive Lake Placid, NY 12946 (518) 523-1555 jamesbrooks@jimbrooks.net Norfolk Law PLLC Attn: Matthew D. Norfolk, Esq. Attorney for Defendant Trisha Sheehan 1936 Saranac Avenue, #106 Lake Placid, NY 12946 (518) 308-8080 matthew@norfolk-law.com s:\amasters\litigation\8070 lavallee v sheehan & erwin\8070 answer to amended complaint 10-5-21.docx 4 of 4