On November 06, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Matt Lavallee,
and
Marcia M. Erwin
As Ancilliary Executrix Of The Goods, Chattels And Credits Of Maynard Francis Erwin Aka M. Frank Erwin, Deceased,
Trisha Sheehan,
for Real Property - Other (RPAP Article 15)
in the District Court of Essex County.
Preview
FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 103 RECEIVED NYSCEF:
INDEX NO. 05/25/2023
CV20-0447
|FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM|
NYSCEF Dr C. NO. 30 RECEIVED NYSCEF: :0/25/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
______________________________________
MATT LAVALLEE,
Plaintiff,
REPLY TO
COUNTERCLAIM
-against-
Index No. CV20-0447
RJI No. 15-1-2020-0185E
TRISHA SHEEHAN, and MARCIA M. ERWIN,
as Ancilliary Executor of the goods, chattels
and credits of Maynard Francis Erwin, A/K/A
M. Frank Erwin, deceased,
Defendants.
_____________________________________
Plaintiff Matt LaVallee, by counsel, for his reply to the counterclaim of defendant
Marcia M. Erwin, as Ancilliary Executor of the goods, chattels and credits of Maynard
Francis Erwin, a/k/a M. Frank Erwin, deceased, states:
1. Admits each and every allegation in paragraphs 7, 8 and 11.
2 Denies having knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in paragraph 9 of said answer, and therefore denies the
same.
3. Denies each and every allegation in paragraphs 10 and 12.
4. Denies each and every other allegation in said answer asserted as a
counterclaim not hereinabove specifically admitted or otherwise denied.
LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPlc DRIVE - LAKE PLACID. NEW YORK 12946
1 of 3
FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 103 RECEIVED NYSCEF:
INDEX NO.
05/25/2023
CV20-0447
FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM|
NYSCEF D C. NO. 30 RECEIVED NYSCEF: : 0/25/202I
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
TO THE COUNTERCLAIM:
5. The counterclaim fails to state a meritorious counterclaim against plaintiff
LaVallee for an award of attorneys fees, costs or expenses because the defendant Erwin
was ordered to joined to the action by reason of the claims and contentions of defendant
Sheehan, plaintiff having made no claim about the validity or invalidity of the title and
vendor rights of Erwin and made no claim that Erwin would be adversely affected by the
judgment requested in the original complaint, making the estate not a necessary party.
WHEREFORE, plaintiff demands judgment dismissing the defendant Erwins
counterclaim, and judgment for his costs and disbursements, and seeks judgment for the
relief set forth in his amended complaint, together with an award of plaintiff's reasonable
costs and disbursements pursuant to law, and such other and further relief as is just and
proper.
Dated: October 25, 2021
Law Office of James M. Brooks
Dated: fÛ -3 2/ .
/ James M. Brooks, Esq.
A orney for Plaintiff Matt Lavallee
72 Olympic Drive
, Part-130 Certification
Lake Placid, NY 12946
(518)523-1555
Email: jamesmbrooks()mbrooks.net
2
LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPlc DRIVE - LAKE PLACID, NEW YORK 12946
2 of 3
FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 05/25/2023
INDEX NO. CV20-0447
|FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM|
NYSCEF D C. NO. 30 RECEIVED NYSCEF: .0/25/2021
TO: NORFOLK LAW PLLC
Attn: Matthew D. Norfolk, Esq.
Attorney for Defendant
Trisha Sheehan
1936 Saranac Avenue, #106
Lake Placid, NY 12946
(518)308-8080
Email: matthew@norfolk-law.com
WALSH & WALSH, LLP
Attn: Joseph M. Walsh, Esq.
Attorney for Ancilliary Executrix
Marcia M. Erwin
42 Long Alley
Saratoga Springs, NY 12866
Email: wwllp@spalaw2.com
3
LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPICDRIVE - LAKE PLACID. NEW YORK 12946
3 of 3
Document Filed Date
May 25, 2023
Case Filing Date
November 06, 2020
Category
Real Property - Other (RPAP Article 15)
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Preview
FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: INDEX NO. 05/25/2023 CV20-0447 |FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM| NYSCEF Dr C. NO. 30 RECEIVED NYSCEF: :0/25/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX ______________________________________ MATT LAVALLEE, Plaintiff, REPLY TO COUNTERCLAIM -against- Index No. CV20-0447 RJI No. 15-1-2020-0185E TRISHA SHEEHAN, and MARCIA M. ERWIN, as Ancilliary Executor of the goods, chattels and credits of Maynard Francis Erwin, A/K/A M. Frank Erwin, deceased, Defendants. _____________________________________ Plaintiff Matt LaVallee, by counsel, for his reply to the counterclaim of defendant Marcia M. Erwin, as Ancilliary Executor of the goods, chattels and credits of Maynard Francis Erwin, a/k/a M. Frank Erwin, deceased, states: 1. Admits each and every allegation in paragraphs 7, 8 and 11. 2 Denies having knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in paragraph 9 of said answer, and therefore denies the same. 3. Denies each and every allegation in paragraphs 10 and 12. 4. Denies each and every other allegation in said answer asserted as a counterclaim not hereinabove specifically admitted or otherwise denied. LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPlc DRIVE - LAKE PLACID. NEW YORK 12946 1 of 3 FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: INDEX NO. 05/25/2023 CV20-0447 FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM| NYSCEF D C. NO. 30 RECEIVED NYSCEF: : 0/25/202I AS AND FOR A FIRST AFFIRMATIVE DEFENSE TO THE COUNTERCLAIM: 5. The counterclaim fails to state a meritorious counterclaim against plaintiff LaVallee for an award of attorneys fees, costs or expenses because the defendant Erwin was ordered to joined to the action by reason of the claims and contentions of defendant Sheehan, plaintiff having made no claim about the validity or invalidity of the title and vendor rights of Erwin and made no claim that Erwin would be adversely affected by the judgment requested in the original complaint, making the estate not a necessary party. WHEREFORE, plaintiff demands judgment dismissing the defendant Erwins counterclaim, and judgment for his costs and disbursements, and seeks judgment for the relief set forth in his amended complaint, together with an award of plaintiff's reasonable costs and disbursements pursuant to law, and such other and further relief as is just and proper. Dated: October 25, 2021 Law Office of James M. Brooks Dated: fÛ -3 2/ . / James M. Brooks, Esq. A orney for Plaintiff Matt Lavallee 72 Olympic Drive , Part-130 Certification Lake Placid, NY 12946 (518)523-1555 Email: jamesmbrooks()mbrooks.net 2 LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPlc DRIVE - LAKE PLACID, NEW YORK 12946 2 of 3 FILED: ESSEX COUNTY CLERK 05/25/2023 04:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 05/25/2023 INDEX NO. CV20-0447 |FILED: ESSEX COUNTY CLERK 10/25/2021 03:03 PM| NYSCEF D C. NO. 30 RECEIVED NYSCEF: .0/25/2021 TO: NORFOLK LAW PLLC Attn: Matthew D. Norfolk, Esq. Attorney for Defendant Trisha Sheehan 1936 Saranac Avenue, #106 Lake Placid, NY 12946 (518)308-8080 Email: matthew@norfolk-law.com WALSH & WALSH, LLP Attn: Joseph M. Walsh, Esq. Attorney for Ancilliary Executrix Marcia M. Erwin 42 Long Alley Saratoga Springs, NY 12866 Email: wwllp@spalaw2.com 3 LAW OFFICEOF - JAMES M. BROOKS - 72 OLYMPICDRIVE - LAKE PLACID. NEW YORK 12946 3 of 3