Preview
FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF RENSSELAER
WELLS FARGO BANK, N.A.
Plaintiff,
ANSWER
-vs- Index No. 2019-264119
KEVIN GENDRON, LINDA GENDRON, PAUL
GENDRON, UNKNOWN HEIRS TO THE ESTATE
OF JENNIFER GENDRON IF LIVING, AND IF
HE/SHE BE DEAD, ANY AND ALL PERSONS
UNKNOWN TO PLAINTIFF, CLAIMING, OR
WHO MAY CLAIM TO HAVE AN INTEREST IN, F r ank 3 P4ero7a
OR GENERAL OR SPECIFIC LIEN UPON THE Rensselaer County clerk
REAL PROPERTY DESCRIBED IN THIS ACTION;
SUCH UNKNOWN PERSONS BEING HEREIN
GENERALLY DESCRIBED AND INTENDED TO
BE INCLUDED IN WIFE, WIDOW, HUSBAND,
WIDOWER, HEIRS AT LAW, NEXT OF KIN,
DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES,
CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNEES OF SUCH
DECEASED, ANY AND ALL PERSONS
DERIVING INTEREST IN OR LIEN UPON, OR
TITLE TO SAID REAL PROPERTY BY,
THROUGH OR UNDER THEM, OR EITHER OF
THEM, AND THEIR RESPECTIVE WIVES,
WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT
LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS, DEVISEES,
LEGATEES, CREDITORS, TRUSTEES,
COMMITTEES, LIENORS, AND ASSIGNS, ALL
OF WHOM AND WHOSE NAMES, EXCEPT AS
STATED, ARE UNKNOWN TO PLAINTIFF,
KEITH A. DUNCAN AS HEIR TO THE ESTATE
OF JENNIFER GENDRON, SHARON STUART
DUNCAN AS HEIR TO THE ESTATE OF
JENNIFER GENDRON
JOHN DOE
Defendants.
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FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021
Defeñdañts Paul Gendron and Linda Gendron, answering the Complaint of Plaintiff, allege
as follows:
1. Admit the allegations set forth in paragraphs 11 of the Complaint.
2. Admit so much of paragraphs 2 and 3 of the Complaint as alleges that the answering
defendants'
signatures appear on the documents referred to in such paragraphs and refer this Court
to such documents for the terms and import thereof.
3. Deny knowledge or information sufficient to form a belief as to the allegations set
forth in paragraphs 1, 4, 7, 8, and 9 of the Complaint.
4. Deny the allegations set forth in paragraphs 5, 6 and 10 of the Complaint.
FIRST AFFIRMATIVE DEFENSE
5. The allegations set forth in the complaint fail to state a cause of action against the
answering defendants.
SECOND AFFIRMATIVE DEFENSE
6. Upon information and belief, plaintiff failed to comply with the notice requirements
under New York and/or federal law, which are conditions precedent to this foreclosure action.
THIRD AFFIRMATIVE DEFENSE
7. Upon information and belief, the plaintiff lacks standing to maintain this action.
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FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021
COUNTERCLAIM
11. The answering defendants are entitled to recover attorney's fees in defending this
action pursuant to New York Real Property Law §282.
WHEREFORE, the answering defendants dersand Judgment dismissing the Complaint and
awarding them costs, disbursements and reasonable counsel fees.
Dated: September 27, 2019
Steve . Farer, Esq.
FARER LAW FIRM, P.C.
Attorneys for Defendants Paul Gendron
and Linda Gendron
12 Century Hill Drive
Latham, New York 12110
(518) 785-1111
To: Sarah K. Hyman, Esq.
Gross Polowy, LLC
Attorneys for Plaintiff
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
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FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021
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Preview
FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF RENSSELAER WELLS FARGO BANK, N.A. Plaintiff, ANSWER -vs- Index No. 2019-264119 KEVIN GENDRON, LINDA GENDRON, PAUL GENDRON, UNKNOWN HEIRS TO THE ESTATE OF JENNIFER GENDRON IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, F r ank 3 P4ero7a OR GENERAL OR SPECIFIC LIEN UPON THE Rensselaer County clerk REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED, ARE UNKNOWN TO PLAINTIFF, KEITH A. DUNCAN AS HEIR TO THE ESTATE OF JENNIFER GENDRON, SHARON STUART DUNCAN AS HEIR TO THE ESTATE OF JENNIFER GENDRON JOHN DOE Defendants. 1 of 4 FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021 Defeñdañts Paul Gendron and Linda Gendron, answering the Complaint of Plaintiff, allege as follows: 1. Admit the allegations set forth in paragraphs 11 of the Complaint. 2. Admit so much of paragraphs 2 and 3 of the Complaint as alleges that the answering defendants' signatures appear on the documents referred to in such paragraphs and refer this Court to such documents for the terms and import thereof. 3. Deny knowledge or information sufficient to form a belief as to the allegations set forth in paragraphs 1, 4, 7, 8, and 9 of the Complaint. 4. Deny the allegations set forth in paragraphs 5, 6 and 10 of the Complaint. FIRST AFFIRMATIVE DEFENSE 5. The allegations set forth in the complaint fail to state a cause of action against the answering defendants. SECOND AFFIRMATIVE DEFENSE 6. Upon information and belief, plaintiff failed to comply with the notice requirements under New York and/or federal law, which are conditions precedent to this foreclosure action. THIRD AFFIRMATIVE DEFENSE 7. Upon information and belief, the plaintiff lacks standing to maintain this action. 2 of 4 FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021 COUNTERCLAIM 11. The answering defendants are entitled to recover attorney's fees in defending this action pursuant to New York Real Property Law §282. WHEREFORE, the answering defendants dersand Judgment dismissing the Complaint and awarding them costs, disbursements and reasonable counsel fees. Dated: September 27, 2019 Steve . Farer, Esq. FARER LAW FIRM, P.C. Attorneys for Defendants Paul Gendron and Linda Gendron 12 Century Hill Drive Latham, New York 12110 (518) 785-1111 To: Sarah K. Hyman, Esq. Gross Polowy, LLC Attorneys for Plaintiff 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 3 of 4 FILED: RENSSELAER COUNTY CLERK 10/02/2019 INDEX NO. EF2019-264119 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 06/03/2021 ATE ©F ME©R/ W©E 0jEWgdE C@tQI T C©t0EfFif ©7 IEIEM W/ LEt4$ 7A G© EAMF& MA Emdkm Ma 2©E9M656 rjggV/UM @ M @Mo E@T©A GEM ©Mo IPAEGL t·eauxg;s fkre sGn mm IPsm0 Gm aom sm EAD o Gm i E2 CamGmey DEDDD ake ea bstmo Msw Woa D2D D @D ))% D D BD 4 of 4