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FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020
IlilliiiillillillillijillRHH
Doc ID: *008823840004 Type: cIV
Recorded: 12/10/2019 at 04:37:41 PM
Fee Amt: $210.00 Page 1 of 4
STATE OF NEW YORK z Elo county clerk
SUPREME COURT COUNTY OF F11e2019-00001622
CLINTOE
KATIE FRANCISCO AND JAMES
FRANCISCO,
VERIFIED ANSWER and
Plaintiffs, AFFIRMATIVE DEFENSES
-against- Index No.: 2019-1622
DARRIN PERROTTE d/b/a HILL TOP CUSTOM
LANDSCAPE AND DESIGN and HILLTOP
CUSTOM LANDSCAPE AND DESIGN, LLC,
Defendants.
COME NOW your Defendants, DARIN PERROTTE d/b/a HILL TOP CUSTOMLANDSCAPE
AND DESIGN and HILLTOP CUSTOM LANDSCAPE AND DESIGN, LLC, by and through
their attorneys, Stafford, Owens, Piller, Murnane, Kelleher & Trombley, PLLC, Justin R.
Meyer, Esq., of counsel, and as and for their response to the Verified Complaint filed herein
against it respectfully states as follows:
1. Defendants deny knowledge or information sufficient to form as belief as to the
allegations contained in paragraphs of the Verified Complaint marked and numbered
"1"
and "3".
2. Defendants Admit the allegations contained in paragraphs of the Verified Complaint
marked and numbered "2".
3. Defendants Deny the allegations contained in paragraphs ofthe Verified Complaint
marked and numbered "4", "5", "6", "7", "8", "9", "10", "11", "12", "13", "14",
"24"
"15", "16", "17", "18", "19". "20", "21", "22", "23", and "25".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
4. The Complaint fails to state a cause of action.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
5. Plaintiff's claim is barred by the doctrine of waiver.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
6. Plaintiff's claim is barred by the doctrine of estoppel.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
7. Plaintiff's claim is barred by the doctrine of unclean hands.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
8. Plaintiff's claim is barred or subject to reduction by reason of its failure to mitigate
its alleged damages.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
9. Any damage or loss alleged to have been suffered by Plaintiff is not causally related
to any act or omission alleged to be charged to Counterclaim Defendant.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
10. Any damage or loss alleged to have been suffered by Plaintiff is the sole result of its
own culpable conduct.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
11. Plaintiff's claim is barred by reason of the doctrine of accord and satisfaction.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
12. Plaintiff's claim is barred by the applicable statute of limitations.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
13. Plaintiff's claim is barred by the failure or lack of consideration.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
14. Plaintiff's claim is barred by Ultra Vires.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
15. Plaintiff failed to name the necessary/indispensable parties to the subject action.
EAND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
16. Plaintiff's claims and demanded interest violate usury laws ofthe State ofNew York.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
17. Plaintiff has failed to commence this action in the proper venue.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
18. Plaintiff's claim is untimely pursuant to the terms of the Contract between Plaintiff
and Defendant
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FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020
WHEREFORE, the Defendañts respectfully requests judgment as follows:
1. That the Verified Complaint filed herein be dismissed in its entirety;
2. For such other and further relief as to the Court may seem just and proper as the nature ofthe
case may require.
Dated: December 9, 2019. STAFFORD, OWENS, PILLER, MURNANE,
KELLEH & TROMB PLLC
u . M , Esq.
un l for the Defend t
ne Cumberland Av
Post Office Box 294
Plattsburgh, New York, 12901
(518) 561-4400
TO: Joseph Mucia, Esq.
NILES, BRACY & MUCIA, PLLC
Counsel for Plaintiffs
46-48 Cornelia Street
P.O. Box 2729
Plattsburgh, New York 12901
(518)561-1980
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FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF CLINTON )
DARIN PERROTTE, being duly sworn, deposes and says:
I am the Defendant in the within action; that, I have read the foregoing Answer and know the
contents thereof; that, the said Answer is true to deponent's own knowledge, except as to the matters
therein stated to be alleged on information and belief, and as to those matters, deponent believes it to
be true.
DARIN PERROTTE
Sworn to before me this
9th day of Decemb r, 2 9.
No blic
JUSTIN R. MEYER
Notary Public, State of New York
No. 01ME6134404
Qualified in Clinton County
Commission Expires October 3, 2021
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FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020 IlilliiiillillillillijillRHH Doc ID: *008823840004 Type: cIV Recorded: 12/10/2019 at 04:37:41 PM Fee Amt: $210.00 Page 1 of 4 STATE OF NEW YORK z Elo county clerk SUPREME COURT COUNTY OF F11e2019-00001622 CLINTOE KATIE FRANCISCO AND JAMES FRANCISCO, VERIFIED ANSWER and Plaintiffs, AFFIRMATIVE DEFENSES -against- Index No.: 2019-1622 DARRIN PERROTTE d/b/a HILL TOP CUSTOM LANDSCAPE AND DESIGN and HILLTOP CUSTOM LANDSCAPE AND DESIGN, LLC, Defendants. COME NOW your Defendants, DARIN PERROTTE d/b/a HILL TOP CUSTOMLANDSCAPE AND DESIGN and HILLTOP CUSTOM LANDSCAPE AND DESIGN, LLC, by and through their attorneys, Stafford, Owens, Piller, Murnane, Kelleher & Trombley, PLLC, Justin R. Meyer, Esq., of counsel, and as and for their response to the Verified Complaint filed herein against it respectfully states as follows: 1. Defendants deny knowledge or information sufficient to form as belief as to the allegations contained in paragraphs of the Verified Complaint marked and numbered "1" and "3". 2. Defendants Admit the allegations contained in paragraphs of the Verified Complaint marked and numbered "2". 3. Defendants Deny the allegations contained in paragraphs ofthe Verified Complaint marked and numbered "4", "5", "6", "7", "8", "9", "10", "11", "12", "13", "14", "24" "15", "16", "17", "18", "19". "20", "21", "22", "23", and "25". AS AND FOR A FIRST AFFIRMATIVE DEFENSE 4. The Complaint fails to state a cause of action. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 5. Plaintiff's claim is barred by the doctrine of waiver. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 6. Plaintiff's claim is barred by the doctrine of estoppel. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 7. Plaintiff's claim is barred by the doctrine of unclean hands. 1 of 4 2019-00001622 Seq: 1 Doc Seq: 9 File Number: FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622 Pp NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 8. Plaintiff's claim is barred or subject to reduction by reason of its failure to mitigate its alleged damages. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 9. Any damage or loss alleged to have been suffered by Plaintiff is not causally related to any act or omission alleged to be charged to Counterclaim Defendant. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 10. Any damage or loss alleged to have been suffered by Plaintiff is the sole result of its own culpable conduct. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 11. Plaintiff's claim is barred by reason of the doctrine of accord and satisfaction. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 12. Plaintiff's claim is barred by the applicable statute of limitations. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 13. Plaintiff's claim is barred by the failure or lack of consideration. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 14. Plaintiff's claim is barred by Ultra Vires. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 15. Plaintiff failed to name the necessary/indispensable parties to the subject action. EAND FOR A THIRTEENTH AFFIRMATIVE DEFENSE 16. Plaintiff's claims and demanded interest violate usury laws ofthe State ofNew York. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE 17. Plaintiff has failed to commence this action in the proper venue. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE 18. Plaintiff's claim is untimely pursuant to the terms of the Contract between Plaintiff and Defendant 2 of 4 Seq: 9 File Number: 2019-00001622 Seq: 2 Doc FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020 WHEREFORE, the Defendañts respectfully requests judgment as follows: 1. That the Verified Complaint filed herein be dismissed in its entirety; 2. For such other and further relief as to the Court may seem just and proper as the nature ofthe case may require. Dated: December 9, 2019. STAFFORD, OWENS, PILLER, MURNANE, KELLEH & TROMB PLLC u . M , Esq. un l for the Defend t ne Cumberland Av Post Office Box 294 Plattsburgh, New York, 12901 (518) 561-4400 TO: Joseph Mucia, Esq. NILES, BRACY & MUCIA, PLLC Counsel for Plaintiffs 46-48 Cornelia Street P.O. Box 2729 Plattsburgh, New York 12901 (518)561-1980 3 of 4 Seq: 3 Doc Seq: 9 File Number: 2019-00001622 FILED: CLINTON COUNTY CLERK 10/25/2020 06:20 PM INDEX NO. 2019-0001622 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/25/2020 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF CLINTON ) DARIN PERROTTE, being duly sworn, deposes and says: I am the Defendant in the within action; that, I have read the foregoing Answer and know the contents thereof; that, the said Answer is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, deponent believes it to be true. DARIN PERROTTE Sworn to before me this 9th day of Decemb r, 2 9. No blic JUSTIN R. MEYER Notary Public, State of New York No. 01ME6134404 Qualified in Clinton County Commission Expires October 3, 2021 4 of 4 File Number: 2019-00001622 Seq: 4 Doc Seq: 9