Preview
FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
________________________________________________
JPMORGAN CHASE BANK, N.A., ANSWER
Plaintiff, Index No. 62200/2021
vs.
NICOLE PASSARETTI,
Defendant.
________________________________________________
Defendant NICOLE PASSARETTI, by and through her attorneys, Law Offices of Robert
S. Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to
the Plaintiff’s Complaint, states the following upon information and belief:
AS TO COMPLAINT
1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations
on that basis.
2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations
on that basis.
3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations
on that basis.
AS TO FIRST CAUSE OF ACTION
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations
on that basis.
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5. Defendant DENIES the allegations set forth in Paragraph 5.
6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 6 and, therefore, DENIES the allegations
on that basis.
AS TO SECOND CAUSE OF ACTION
7. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 7 and, therefore, DENIES the allegations
on that basis.
AFFIRMATIVE DEFENSES
First Affirmative Defense
The Complaint fails to state a claim against Defendant upon which relief can be granted.
Second Affirmative Defense
Defendant denies the amounts claimed by Plaintiff and the remaining allegations. Defendant
demands that Plaintiff verifies the alleged debt and provides a detailed accounting of all alleged
purchases, charges, credits, offsets and payments to the alleged account.
Third Affirmative Defense
Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper charges
and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges
created an unconscionable contract and that allowing Plaintiff to collect these amounts would be
inequitable and against public policy.
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Fourth Affirmative Defense
Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a result
of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt, making
performance of any obligation impossible.
Fifth Affirmative Defense
This action is barred by the statute of limitations.
Sixth Affirmative Defense
Plaintiff’s claims are barred by estoppel, unclean hands, and waiver.
Seventh Affirmative Defense
Defendant did not breach any duty or obligation allegedly owed to Plaintiff.
Eighth Affirmative Defense
Plaintiff’s claims are barred by its failure to satisfy all conditions precedent.
Ninth Affirmative Defense
Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s damages,
if any, thus barring or diminishing any recovery by Plaintiff against Defendant.
Tenth Affirmative Defense
Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692f (1) and
other relevant state and federal statutes, from collecting any interest and any amount unless it is
expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has
failed to attach proper documentation to verify such interest is permitted under the applicable
rules.
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Eleventh Affirmative Defense
Plaintiff’s claims are barred by the doctrine of laches due to Plaintiff’s unreasonable and
inexcusable delay which caused substantial prejudice and injury to Defendant.
Twelfth Affirmative Defense
The contract entered into between the parties was based on Usury and is therefore
unenforceable.
Thirteenth Affirmative Defense
Plaintiff engaged in improper service of process since it never served defendant
personally or through a permissible substitute method as required under CPLR 308.
Fourteenth Affirmative Defense
Defendant reserves the right to assert additional defenses as discovery progresses.
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PRAYER FOR RELIEF
WHEREFORE, the Defendant prays for relief from this Honorable Court as follows:
A. That the Plaintiff takes nothing by way of this Complaint,
B. To dismiss the Complaint with prejudice based upon the admissions, denials, and
defenses as alleged herein,
C. To award the Defendant’s costs, and
D. To award the Defendant such other and further relief as this Court deems just and
equitable.
Dated : October 12, 2021.
Respectfully Submitted,
_________________________
Sheilah G Kurtz, Esq.
Attorney for Defendant
Law Offices of Robert S. Gitmeid
& Assoc., PLLC
11 Broadway, Suite 960
New York, NY 10004
Tel: (212) 226-5081
Fax: (212) 208-2591
TO: CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
CC: MULLOOLY, JEFFREY, ROONEY & FLYNN LLP
Attorney for Plaintiff
6851 Jericho Tpke., Suite 220
Syosset, NY 11791
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FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ________________________________________________ JPMORGAN CHASE BANK, N.A., ANSWER Plaintiff, Index No. 62200/2021 vs. NICOLE PASSARETTI, Defendant. ________________________________________________ Defendant NICOLE PASSARETTI, by and through her attorneys, Law Offices of Robert S. Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the Plaintiff’s Complaint, states the following upon information and belief: AS TO COMPLAINT 1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on that basis. 2. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on that basis. 3. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations on that basis. AS TO FIRST CAUSE OF ACTION 4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on that basis. 1 of 5 FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021 5. Defendant DENIES the allegations set forth in Paragraph 5. 6. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 6 and, therefore, DENIES the allegations on that basis. AS TO SECOND CAUSE OF ACTION 7. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 7 and, therefore, DENIES the allegations on that basis. AFFIRMATIVE DEFENSES First Affirmative Defense The Complaint fails to state a claim against Defendant upon which relief can be granted. Second Affirmative Defense Defendant denies the amounts claimed by Plaintiff and the remaining allegations. Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account. Third Affirmative Defense Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges created an unconscionable contract and that allowing Plaintiff to collect these amounts would be inequitable and against public policy. 2 of 5 FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021 Fourth Affirmative Defense Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt, making performance of any obligation impossible. Fifth Affirmative Defense This action is barred by the statute of limitations. Sixth Affirmative Defense Plaintiff’s claims are barred by estoppel, unclean hands, and waiver. Seventh Affirmative Defense Defendant did not breach any duty or obligation allegedly owed to Plaintiff. Eighth Affirmative Defense Plaintiff’s claims are barred by its failure to satisfy all conditions precedent. Ninth Affirmative Defense Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendant. Tenth Affirmative Defense Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692f (1) and other relevant state and federal statutes, from collecting any interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify such interest is permitted under the applicable rules. 3 of 5 FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021 Eleventh Affirmative Defense Plaintiff’s claims are barred by the doctrine of laches due to Plaintiff’s unreasonable and inexcusable delay which caused substantial prejudice and injury to Defendant. Twelfth Affirmative Defense The contract entered into between the parties was based on Usury and is therefore unenforceable. Thirteenth Affirmative Defense Plaintiff engaged in improper service of process since it never served defendant personally or through a permissible substitute method as required under CPLR 308. Fourteenth Affirmative Defense Defendant reserves the right to assert additional defenses as discovery progresses. 4 of 5 FILED: WESTCHESTER COUNTY CLERK 10/12/2021 02:54 PM INDEX NO. 62200/2021 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/12/2021 PRAYER FOR RELIEF WHEREFORE, the Defendant prays for relief from this Honorable Court as follows: A. That the Plaintiff takes nothing by way of this Complaint, B. To dismiss the Complaint with prejudice based upon the admissions, denials, and defenses as alleged herein, C. To award the Defendant’s costs, and D. To award the Defendant such other and further relief as this Court deems just and equitable. Dated : October 12, 2021. Respectfully Submitted, _________________________ Sheilah G Kurtz, Esq. Attorney for Defendant Law Offices of Robert S. Gitmeid & Assoc., PLLC 11 Broadway, Suite 960 New York, NY 10004 Tel: (212) 226-5081 Fax: (212) 208-2591 TO: CLERK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER CC: MULLOOLY, JEFFREY, ROONEY & FLYNN LLP Attorney for Plaintiff 6851 Jericho Tpke., Suite 220 Syosset, NY 11791 5 of 5