On June 02, 2021 a
Answer
was filed
involving a dispute between
Bank Of America Na,
and
Mark William Daciw,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Wayne County.
Preview
FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WAYNE
BANK OF AMERICA N.A.
Plaintiff, Index No: CV087275
vs. Hon.:
MARK WILLIAM DACIW,
Defendant,
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
NOW COMES Defendant and answers Plaintiff's Complaint as follows:
1. As to the allegations in Parag-aph 1 of Plaintiff s Complaint, Defendant admits.
2. As to the allegations in Paragraph 2 of Plaintiff s Corsplaint, De£-=d=nt lacks sufficient
information to admit or deny and therefuce denies.
3. As to the allégstions in Paragraph 3 of Plaintiff s Complaint, De&ñdst lacks sufficient
information to admit or deny and therefore denies.
FIRST CAUSE OF ACTION
4. As to the allegatiêñs in Paragraph 4 of Plaintiff s Complaiñt, Desñdst denies for reason
Defendant has not received an ann''rate of the alleged debt D ndant
accounting
disputes this debt
5. As to the allegations in Paragraph 5 of Plaintiff's Caraplaint, Dcfêñdmi denies for reason
Def nd:=† has not received an accñrate of the alleged debt Defendant
acccuating
disputes this debt
CV087275
ANSWER
06/24/2021 02:17 PM
Wayne County, NY, Wayne County Clerk
I I I
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FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021
6. As to the allegations in Paragraph 6 of Plaintiff's Complaint, Defendant denies for reason
Defcñdañt has not received an accurate acce.-ing of the alleged debt Defendant
disputes this debt
SECOND CAUSE OF ACTION
7. As to the allegatiens in Paragraph 7 of Plaintiff's CGiñplaiñt, Defendant denies for reason
Defendant has not received an accurate acceüñ'ing of the alleged debt Defendant
disputes this debt
WHEREFORE, Defendant prays that this Honorable Court find that Plaintiff's
Complaint is deficient as a matter of law with respect to breach of contract and to account stated
and dismiss this cause with prejudice. .
AFFIRMATIVE DEFENSES
1. Plaintiff has failed to state a claim upon which relief can be granted.
2. Plaintiff has failed to state a claim with sufficient specificity upon which Defêñdant can
form a defense.
3. Plaintiff failed to attach the alleged agreement
4. The alleged agreement has an arM+raha clause compelling Plaintiff to arbitrate this
dispute.
5. The alleged agreement has a choice of law clause requiring application of state law other
than this state. Plaintiff has sued under inapplicable law.
6. The alleged agreement violates the statute of frauds.
7. Laches: Plaintiff delayed in filing suit, causing prejudice to Dêf=d=t in that Defendant
has since lost or disposed of evidence that would aid in the defense.
8. The Complaint should be stricken from the record since it was not signed by Plaintiff s
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FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021
attorney.
9. Def:ñdsat reserves the right to amend and/or add additieñal Answers, Defenses and/or
Counterclaims at a later date.
Prepared with the accieta-c of Counsel admitted in New York.
Respectfully submitted,
MARLK WILLIAM DACIW
IN PRO PER DEFENDANT
3377 AUTUMN DRIVE
MACEDON, NY 14502
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FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021
CERTIFICATE OF SERVICE
I,, 45c ci ta , hereby certify that a true and correct copy of the foregeliig was sent by
US mail on this day of 'hn e.., 2021 to the attorney whose address is listed below.
STEVEN BYRNE ESQ.
MULLOOLY, EFFREY, ROONEY & FLYNN LLP
Attorneys for Plaintiff
6851 ERICHO TPKE, SUITE 220
SYOSSET, NY 11791
(516) 656-5300
Date: (a 0/1 /nÏ ,A h
nature f SeWer
ust be Notarized)
Printed Name
MARIA S. DUFFY
Notary Public, State of New York
No. 01DU6156875
Qualified in Monroe County
Commission Expires Dec. 4, 20
4 of 5
FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021
VIERIFICATION
old
being duly swom, deposes and says:
I am the defendant. Ihave read the foregoing answer and know the contents thereof. The same
are true to my knowledge, except as tomatters therein stated to be alleged on information and belief
and as to those matters I believe them to be true. To the best of my Er: .2;z. a;.....Curi and belief,
formed after an laquiry raascaable under the circumstances, the presentation of these papers or the
::-:ter.:i:= therein are not frivolous as defined in subsection (c) of sectlan 130-1.1of the Rules of the
Chief Administrator (22 NYCRR).
c-
Åv [5IGNED]
Mark W. Deciw (TYPED)
. .
Sworn to before me this
19 day of O 2021.
Natapu
ARIA S. DUFFY
Notary Public, State of New York
No. 01DU6156875
Qualified in Monroe
County
Commission Expires Dec. 4,
201
5 of 5
Document Filed Date
June 24, 2021
Case Filing Date
June 02, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE BANK OF AMERICA N.A. Plaintiff, Index No: CV087275 vs. Hon.: MARK WILLIAM DACIW, Defendant, DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT NOW COMES Defendant and answers Plaintiff's Complaint as follows: 1. As to the allegations in Parag-aph 1 of Plaintiff s Complaint, Defendant admits. 2. As to the allegations in Paragraph 2 of Plaintiff s Corsplaint, De£-=d=nt lacks sufficient information to admit or deny and therefuce denies. 3. As to the allégstions in Paragraph 3 of Plaintiff s Complaint, De&ñdst lacks sufficient information to admit or deny and therefore denies. FIRST CAUSE OF ACTION 4. As to the allegatiêñs in Paragraph 4 of Plaintiff s Complaiñt, Desñdst denies for reason Defendant has not received an ann''rate of the alleged debt D ndant accounting disputes this debt 5. As to the allegations in Paragraph 5 of Plaintiff's Caraplaint, Dcfêñdmi denies for reason Def nd:=† has not received an accñrate of the alleged debt Defendant acccuating disputes this debt CV087275 ANSWER 06/24/2021 02:17 PM Wayne County, NY, Wayne County Clerk I I I 1 of 5 FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021 6. As to the allegations in Paragraph 6 of Plaintiff's Complaint, Defendant denies for reason Defcñdañt has not received an accurate acce.-ing of the alleged debt Defendant disputes this debt SECOND CAUSE OF ACTION 7. As to the allegatiens in Paragraph 7 of Plaintiff's CGiñplaiñt, Defendant denies for reason Defendant has not received an accurate acceüñ'ing of the alleged debt Defendant disputes this debt WHEREFORE, Defendant prays that this Honorable Court find that Plaintiff's Complaint is deficient as a matter of law with respect to breach of contract and to account stated and dismiss this cause with prejudice. . AFFIRMATIVE DEFENSES 1. Plaintiff has failed to state a claim upon which relief can be granted. 2. Plaintiff has failed to state a claim with sufficient specificity upon which Defêñdant can form a defense. 3. Plaintiff failed to attach the alleged agreement 4. The alleged agreement has an arM+raha clause compelling Plaintiff to arbitrate this dispute. 5. The alleged agreement has a choice of law clause requiring application of state law other than this state. Plaintiff has sued under inapplicable law. 6. The alleged agreement violates the statute of frauds. 7. Laches: Plaintiff delayed in filing suit, causing prejudice to Dêf=d=t in that Defendant has since lost or disposed of evidence that would aid in the defense. 8. The Complaint should be stricken from the record since it was not signed by Plaintiff s 2 of 5 FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021 attorney. 9. Def:ñdsat reserves the right to amend and/or add additieñal Answers, Defenses and/or Counterclaims at a later date. Prepared with the accieta-c of Counsel admitted in New York. Respectfully submitted, MARLK WILLIAM DACIW IN PRO PER DEFENDANT 3377 AUTUMN DRIVE MACEDON, NY 14502 3 of 5 FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021 CERTIFICATE OF SERVICE I,, 45c ci ta , hereby certify that a true and correct copy of the foregeliig was sent by US mail on this day of 'hn e.., 2021 to the attorney whose address is listed below. STEVEN BYRNE ESQ. MULLOOLY, EFFREY, ROONEY & FLYNN LLP Attorneys for Plaintiff 6851 ERICHO TPKE, SUITE 220 SYOSSET, NY 11791 (516) 656-5300 Date: (a 0/1 /nÏ ,A h nature f SeWer ust be Notarized) Printed Name MARIA S. DUFFY Notary Public, State of New York No. 01DU6156875 Qualified in Monroe County Commission Expires Dec. 4, 20 4 of 5 FILED: WAYNE COUNTY CLERK 06/24/2021 02:17 PM INDEX NO. CV087275 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/24/2021 VIERIFICATION old being duly swom, deposes and says: I am the defendant. Ihave read the foregoing answer and know the contents thereof. The same are true to my knowledge, except as tomatters therein stated to be alleged on information and belief and as to those matters I believe them to be true. To the best of my Er: .2;z. a;.....Curi and belief, formed after an laquiry raascaable under the circumstances, the presentation of these papers or the ::-:ter.:i:= therein are not frivolous as defined in subsection (c) of sectlan 130-1.1of the Rules of the Chief Administrator (22 NYCRR). c- Åv [5IGNED] Mark W. Deciw (TYPED) . . Sworn to before me this 19 day of O 2021. Natapu ARIA S. DUFFY Notary Public, State of New York No. 01DU6156875 Qualified in Monroe County Commission Expires Dec. 4, 201 5 of 5