Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
Exhibit C
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
01/27/2021
YSCEF DOC. NO. 7 RECEIVED NYSCEF:
STATE OF NEW YORK
ONONDAGA COUNTY SUPREME COURT
WAYNE NORTON INDEX #: 008543/2020
Plaintiff(s)
ROBERT NORTON VERIFIED
ANSWER WITH
COUNTERCLAIM TO
PLAINTIFF'S COMPLAINT
v.
ROBERT NORTON AND BRUCE NORTON
Defendant(s)
Defendant, Robert Norton, by and through its undersigned counsel, Fabiano Law, P.C.,
respectfully submits this Verified Answer with Affirmative Defenses and Counterclaim to
Plaintiff's Complaint, stating as follows:
ANSWER TO PARTIES
1. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
2. ADMITS that defendant Robert Norton resides at 105 Yager Drive, Liverpool, NY
13088.
3. ADMITS that defendant Bruce Norton resides at 3731 Inclination Drive,
Baldwinsville, New York.
4. ADMITS that the property identified as 105 Yager Drive, Liverpool, NY 13088 is
situated in the County of Onondaga, State of New York.
5. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Defendant Robert Norton refers all questions of law to the Court.
Moreover the writing referenced in this paragraph is a writing, the content of which
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
9YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202)
speaks for itself and, any characterization of the type of writing or its content is
denied. Unless otherwise admitted, Robert Norton denies the balance of the
allegations contained in this paragraph.
6. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Defendant Robert Norton refers all questions of law to the Court.
7. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Defendant Robert Norton refers all questions of law to the Court.
8. DENIES any knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations contained in this paragraph.
9. ADMITTED IN PART AND DENIED IN PART. Robert Norton admits that he is
of sound mind and under no disability. Robert Norton denies any knowledge or
information sufficient to form a belief as to the truth or falsity of the remainder of the
allegations contained in this paragraph.
10. ADMITTED IN PART AND DENIED IN PART. Admits that this answering
defendant does not own any property other than with 105 Yager Drive, Liverpool,
NY 13088 with the Plaintiff and co-defendant Bruce Norton and denies any
knowledge or information sufficient to form a belief as to the truth or falsity of the
remainder of the allegations contained in this paragraph.
11. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
12. ADMITTED IN PART AND DENIED IN PART. Defendant Robert Norton admits
that he signed a document entitled Promissory Note. Moreover the writing referenced
in this paragraph is a writing, the content of which speaks for itself and, any
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202
characterization of the type of writing or its content is denied. Unless otherwise
admitted, Robert Norton denies the balance of the allegations contained in this
paragraph.
13. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
14. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
15. ADMITTED IN PART AND DENIED IN PART. Norton admits the allegations
contain in this paragraph that defendant's fiancé resides with him and Denies the rest
and leaves plaintiff to his burden of proof.
16. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
17. ADMITTED IN PART AND DENIED IN PART. Robert Norton admits that he has
had communications with the Plaintiff. This answering defendant is unclear as to
avail"
what Plaintiff references as "resolve the dispute without and as such denies
same. Unless otherwise admitted, Robert Norton denies the balance of the allegations
contained in this paragraph and leaves plaintiff to his burden of proof.
18. DENIES any knowledge or information as to the plaintiff's desires or any
communications he may have had with the co-defendant Bruce Norton. Defendant
Robert Norton, denies the balance of the allegations contained in this paragraph
which have not been admitted and leaves plaintiff to his burden of proof.
19. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
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20. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
ANSWER AS TO FIRST CAUSE OF ACTION AGAINST DEFENDANT
ROBERT NORTON AND BRUCE NORTON: PARTITION
21. No response is necessary as the Plaintiff merely incorporates his foregoing allegations
in this paragraph. To the extent that a response is required, Robert Norton
incorporates his responses to the foregoing allegations asserted in paragraphs 1
through 20 as if fully set forth herein at length.
22. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court.
23. ADMITTED IN PART AND DENIED IN PART: Defendant Robert Norton
Admits that he an owner of 105 Yager Drive, Liverpool, NY. Moreover the exhibit
referenced in this paragraph is a writing, the content of which speaks for itself and
any characterization of the type of writing or its content is denied. Further, to the
extent that the allegations in this paragraph constitute conclusions of law, they are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
24. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
25. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
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26. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to its burden of proof.
27. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
28. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
29. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to its burden of proof.
ANSWER AS TO SECOND CAUSE OF ACTION
AGAINST DEFENDANT ROBERT NORTON: EJECTMENT
30. No response is necessary as the Plaintiff merely incorporates his foregoing allegations
in this paragraph. To the extent that a response is required, Robert Norton
incorporates his responses to the foregoing allegations asserted in paragraphs 1
through 29 as if fully set forth herein at length.
31. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
32. DENIES the allegations contain in this paragraph and this answering defendant
leaves plaintiff to his burden of proof.
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33. DENIES the allegations contained in this paragraph and this answering defendant
leaves plaintiff to his burden of proof.
34. DENIES the allegations contain in this paragraph and this answering defendant
leaves plaintiff to his burden of proof. Moreover, to the extent that the allegations in
this paragraph constitute conclusions of law they are denied as such. Robert Norton
refers all questions of law to the Court.
ANSWER AS TO THIRD CAUSE OF ACTION
AGAINST DEFENDANT ROBERT NORTON: OUSTER
35. No response is necessary as the Plaintiff merely incorporates his foregoing allegations
in this paragraph. To the extent that a response is required, Robert Norton
incorporates his responses to the foregoing allegations asserted in paragraphs 1
through 34 as if fully set forth herein at length.
36. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Robert Norton refers all questions of law to the Court and leaves the
plaintiff to his burden of proof.
37. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
38. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
39. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
40. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
qYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202
41. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
42. DENIES the allegations contain in this paragraph. Furthermore, the allegations in this
paragraph constitute conclusions of law and are denied as such. Robert Norton refers
all questions of law to the Court and leaves the plaintiff to his burden of proof.
43. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
44. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
ANSWER AS TO FOURTH CAUSE OF ACTION
AGAINST DEFENDANT ROBERT NORTON: BREACH OF CONTRACT
45. No response is necessary as the Plaintiff merely incorporates his foregoing allegations
in this paragraph. To the extent that a response is required, Robert Norton
incorporates his responses to the foregoing allegations asserted in paragraphs 1
through 44 as if fully set forth herein at length.
46. ADMITTED IN PART AND DENIED IN PART. Defendant Robert Norton admits
that he signed a document entitled Promissory Note. Moreover the document or
writing referenced in this paragraph is a writing, the content of which speaks for itself
and, any characterization of the type of writing or its content is denied. Unless
otherwise admitted, Robert Norton denies the balance of the allegations contained in
this paragraph and leaves plaintiff to his burden of proof.
47. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
SYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/2021
48. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
49. DENIED. The allegations in this paragraph constitute conclusions of law and are
denied as such. Defendant Robert Norton refers all questions of law to the Court.
Moreover the document or writing referenced in this paragraph is a writing, the
content of which speaks for itself and, any characterization of the type of writing or
its content is denied. Unless otherwise admitted, Robert Norton denies the balance of
the allegations contained in this paragraph.
50. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
51. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
52. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof. Moreover, the allegations in this paragraph appear to constitute conclusions of
law and are denied as such. Defendant Robert Norton refers all questions of law to the
Court.
ANSWER AS TO FIFTH CAUSE OF ACTION
AGAINST DEFENDANT ROBERT NORTON: CONVERSION
53. No response is necessary as the Plaintiff merely incorporates his foregoing allegations
in this paragraph. To the extent that a response is required, Robert Norton
incorporates his responses to the foregoing allegations asserted in paragraphs 1
through 52 as if fully set forth herein at length.
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54. DENIES any knowledge or information sufficient to determine the truth or falsity of
the Plaintiff's allegations formulate a as to the plaintiff's desires or any
communications he may have had with the co-defendant Bruce Norton. Defendant
Robert Norton denies the balance of the allegations contained in this paragraph which
have not been admitted and leaves plaintiff to his burden of proof.
55. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
56. DENIES any knowledge or confirmation sufficient to formulate the truth or falsity of
the allegations contained in this paragraph and leaves plaintiff to his burden of proof.
57. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
58. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
59. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of
proof.
ANSWER TO PRAYER FOR REL_I
60. WHEREFORE, Robert Norton denies each and every allegation as contained in the
Plaintiffs Prayer for Relief as set out in sub-paragraphs A., B., C., D., E., F. and G.
thereof. To the extent that the WHEREFORE Clause contains conclusions of law, no
response is required. Robert Norton denies the balance of the allegations contain in
this paragraph and leaves plaintiff to his burden of proof.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
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AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
61. Repeats, re-alleges and incorporates his responses to the foregoing allegations
asserted in paragraphs 1 through 60 above as if fully set forth herein at length.
62. Plaintiff fails to state a claim against Robert Norton for which this Court might grant
relief.
SECOND AFFIRMATIVE DEFENSE
63. Repeats and re-alleges each and every allegation in paragraphs 1 through 62 above as
though fully set forth herein at length.
64. Any damage suffered by Plaintiff, which this answering defendant denies, was due to
the affirmative actions and/or omissions of Plaintiff or others and does not give rise to
any liability on the part of this answering defendant.
THIRD AFFIRMATIVE DEFENSE
65. Repeats and re-alleges each and every allegation in paragraphs 1 through 64 above as
though fully set forth herein at length.
66. Any damage suffered by Plaintiff, which this answering defendant denies, was due to
the affirmative actions and/or omission of Plaintiff or others and does not give rise to
any claim of damages against this answering defendant.
FOURTH AFFIRMATIVE DEFENSIR
67. Repeats and re-alleges each and every allegation in paragraphs 1 through 66 above as
though fully set forth herein at length.
68. As to the plaintiff's FOURTH CAUSE OF ACTION against this defendant,
Plaintiff's action is barred in whole or in part by the applicable statute of limitations.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021
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FIFTH AFFIRMATIVE DEFENSE
69. Repeats and re-alleges each and every allegation in paragraphs 1 through 68 above as
though fully set forth herein at length.
70. The plaintiffs claims are barred, in whole or in part by the doctrine of "unclean
hands."
SIXTH AFFIRMATIVE DEFENSE
71. Repeats and re-alleges each and every allegation in paragraphs 1 through 70 above as
though fully set forth herein at length.
72. The plaintiffs claims are barred in whole or in part by the doctrine of laches.
SEVENTH AFFIRMATIVE DEFENSE
73. Repeats and re-alleges each and every allegation in paragraphs 1 through 72 above as
though fully set forth herein at length.
74. The plaintiffs claims are barred in whole or in part by the doctrine of waiver.
EIGHTH AFFIRMATIVE DEFENSE
75. Repeats and re-alleges each and every allegation in paragraphs 1 through 74 above as
though fully set forth herein at length.
76. The plaintiffs claims are barred in whole or in part by the doctrine of waiver.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
AND A FIRST COUNTERCLAIM
77. Repeats and re-alleges each and every allegation in paragraphs 1 through 76 above as
though fully set forth herein at length.
78. Plaintiff Wayne Norton and co-defendant Bruce Norton are the brothers of defendant
Robert Norton.
79. This answering Defendant, Robert Norton, is the biological son of Angelina Norton.
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020
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80. Plaintiff Wayne Norton and co-defendant Bruce Norton are this answering
defendant's adopted sibling brothers.
81. From 1979 through the Spring of 2011, Plaintiff
Preview
FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 Exhibit C FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 01/27/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: STATE OF NEW YORK ONONDAGA COUNTY SUPREME COURT WAYNE NORTON INDEX #: 008543/2020 Plaintiff(s) ROBERT NORTON VERIFIED ANSWER WITH COUNTERCLAIM TO PLAINTIFF'S COMPLAINT v. ROBERT NORTON AND BRUCE NORTON Defendant(s) Defendant, Robert Norton, by and through its undersigned counsel, Fabiano Law, P.C., respectfully submits this Verified Answer with Affirmative Defenses and Counterclaim to Plaintiff's Complaint, stating as follows: ANSWER TO PARTIES 1. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 2. ADMITS that defendant Robert Norton resides at 105 Yager Drive, Liverpool, NY 13088. 3. ADMITS that defendant Bruce Norton resides at 3731 Inclination Drive, Baldwinsville, New York. 4. ADMITS that the property identified as 105 Yager Drive, Liverpool, NY 13088 is situated in the County of Onondaga, State of New York. 5. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Defendant Robert Norton refers all questions of law to the Court. Moreover the writing referenced in this paragraph is a writing, the content of which FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 9YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202) speaks for itself and, any characterization of the type of writing or its content is denied. Unless otherwise admitted, Robert Norton denies the balance of the allegations contained in this paragraph. 6. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Defendant Robert Norton refers all questions of law to the Court. 7. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Defendant Robert Norton refers all questions of law to the Court. 8. DENIES any knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph. 9. ADMITTED IN PART AND DENIED IN PART. Robert Norton admits that he is of sound mind and under no disability. Robert Norton denies any knowledge or information sufficient to form a belief as to the truth or falsity of the remainder of the allegations contained in this paragraph. 10. ADMITTED IN PART AND DENIED IN PART. Admits that this answering defendant does not own any property other than with 105 Yager Drive, Liverpool, NY 13088 with the Plaintiff and co-defendant Bruce Norton and denies any knowledge or information sufficient to form a belief as to the truth or falsity of the remainder of the allegations contained in this paragraph. 11. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 12. ADMITTED IN PART AND DENIED IN PART. Defendant Robert Norton admits that he signed a document entitled Promissory Note. Moreover the writing referenced in this paragraph is a writing, the content of which speaks for itself and, any FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202 characterization of the type of writing or its content is denied. Unless otherwise admitted, Robert Norton denies the balance of the allegations contained in this paragraph. 13. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 14. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 15. ADMITTED IN PART AND DENIED IN PART. Norton admits the allegations contain in this paragraph that defendant's fiancé resides with him and Denies the rest and leaves plaintiff to his burden of proof. 16. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 17. ADMITTED IN PART AND DENIED IN PART. Robert Norton admits that he has had communications with the Plaintiff. This answering defendant is unclear as to avail" what Plaintiff references as "resolve the dispute without and as such denies same. Unless otherwise admitted, Robert Norton denies the balance of the allegations contained in this paragraph and leaves plaintiff to his burden of proof. 18. DENIES any knowledge or information as to the plaintiff's desires or any communications he may have had with the co-defendant Bruce Norton. Defendant Robert Norton, denies the balance of the allegations contained in this paragraph which have not been admitted and leaves plaintiff to his burden of proof. 19. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202 20. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. ANSWER AS TO FIRST CAUSE OF ACTION AGAINST DEFENDANT ROBERT NORTON AND BRUCE NORTON: PARTITION 21. No response is necessary as the Plaintiff merely incorporates his foregoing allegations in this paragraph. To the extent that a response is required, Robert Norton incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 20 as if fully set forth herein at length. 22. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court. 23. ADMITTED IN PART AND DENIED IN PART: Defendant Robert Norton Admits that he an owner of 105 Yager Drive, Liverpool, NY. Moreover the exhibit referenced in this paragraph is a writing, the content of which speaks for itself and any characterization of the type of writing or its content is denied. Further, to the extent that the allegations in this paragraph constitute conclusions of law, they are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 24. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 25. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202) 26. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to its burden of proof. 27. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 28. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 29. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to its burden of proof. ANSWER AS TO SECOND CAUSE OF ACTION AGAINST DEFENDANT ROBERT NORTON: EJECTMENT 30. No response is necessary as the Plaintiff merely incorporates his foregoing allegations in this paragraph. To the extent that a response is required, Robert Norton incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 29 as if fully set forth herein at length. 31. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 32. DENIES the allegations contain in this paragraph and this answering defendant leaves plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 4YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/2021 33. DENIES the allegations contained in this paragraph and this answering defendant leaves plaintiff to his burden of proof. 34. DENIES the allegations contain in this paragraph and this answering defendant leaves plaintiff to his burden of proof. Moreover, to the extent that the allegations in this paragraph constitute conclusions of law they are denied as such. Robert Norton refers all questions of law to the Court. ANSWER AS TO THIRD CAUSE OF ACTION AGAINST DEFENDANT ROBERT NORTON: OUSTER 35. No response is necessary as the Plaintiff merely incorporates his foregoing allegations in this paragraph. To the extent that a response is required, Robert Norton incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 34 as if fully set forth herein at length. 36. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 37. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 38. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 39. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 40. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 qYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202 41. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 42. DENIES the allegations contain in this paragraph. Furthermore, the allegations in this paragraph constitute conclusions of law and are denied as such. Robert Norton refers all questions of law to the Court and leaves the plaintiff to his burden of proof. 43. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 44. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. ANSWER AS TO FOURTH CAUSE OF ACTION AGAINST DEFENDANT ROBERT NORTON: BREACH OF CONTRACT 45. No response is necessary as the Plaintiff merely incorporates his foregoing allegations in this paragraph. To the extent that a response is required, Robert Norton incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 44 as if fully set forth herein at length. 46. ADMITTED IN PART AND DENIED IN PART. Defendant Robert Norton admits that he signed a document entitled Promissory Note. Moreover the document or writing referenced in this paragraph is a writing, the content of which speaks for itself and, any characterization of the type of writing or its content is denied. Unless otherwise admitted, Robert Norton denies the balance of the allegations contained in this paragraph and leaves plaintiff to his burden of proof. 47. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 SYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/2021 48. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 49. DENIED. The allegations in this paragraph constitute conclusions of law and are denied as such. Defendant Robert Norton refers all questions of law to the Court. Moreover the document or writing referenced in this paragraph is a writing, the content of which speaks for itself and, any characterization of the type of writing or its content is denied. Unless otherwise admitted, Robert Norton denies the balance of the allegations contained in this paragraph. 50. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 51. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 52. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. Moreover, the allegations in this paragraph appear to constitute conclusions of law and are denied as such. Defendant Robert Norton refers all questions of law to the Court. ANSWER AS TO FIFTH CAUSE OF ACTION AGAINST DEFENDANT ROBERT NORTON: CONVERSION 53. No response is necessary as the Plaintiff merely incorporates his foregoing allegations in this paragraph. To the extent that a response is required, Robert Norton incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 52 as if fully set forth herein at length. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202) 54. DENIES any knowledge or information sufficient to determine the truth or falsity of the Plaintiff's allegations formulate a as to the plaintiff's desires or any communications he may have had with the co-defendant Bruce Norton. Defendant Robert Norton denies the balance of the allegations contained in this paragraph which have not been admitted and leaves plaintiff to his burden of proof. 55. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 56. DENIES any knowledge or confirmation sufficient to formulate the truth or falsity of the allegations contained in this paragraph and leaves plaintiff to his burden of proof. 57. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 58. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. 59. DENIES the allegations contain in this paragraph and leaves plaintiff to his burden of proof. ANSWER TO PRAYER FOR REL_I 60. WHEREFORE, Robert Norton denies each and every allegation as contained in the Plaintiffs Prayer for Relief as set out in sub-paragraphs A., B., C., D., E., F. and G. thereof. To the extent that the WHEREFORE Clause contains conclusions of law, no response is required. Robert Norton denies the balance of the allegations contain in this paragraph and leaves plaintiff to his burden of proof. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202 J AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 61. Repeats, re-alleges and incorporates his responses to the foregoing allegations asserted in paragraphs 1 through 60 above as if fully set forth herein at length. 62. Plaintiff fails to state a claim against Robert Norton for which this Court might grant relief. SECOND AFFIRMATIVE DEFENSE 63. Repeats and re-alleges each and every allegation in paragraphs 1 through 62 above as though fully set forth herein at length. 64. Any damage suffered by Plaintiff, which this answering defendant denies, was due to the affirmative actions and/or omissions of Plaintiff or others and does not give rise to any liability on the part of this answering defendant. THIRD AFFIRMATIVE DEFENSE 65. Repeats and re-alleges each and every allegation in paragraphs 1 through 64 above as though fully set forth herein at length. 66. Any damage suffered by Plaintiff, which this answering defendant denies, was due to the affirmative actions and/or omission of Plaintiff or others and does not give rise to any claim of damages against this answering defendant. FOURTH AFFIRMATIVE DEFENSIR 67. Repeats and re-alleges each and every allegation in paragraphs 1 through 66 above as though fully set forth herein at length. 68. As to the plaintiff's FOURTH CAUSE OF ACTION against this defendant, Plaintiff's action is barred in whole or in part by the applicable statute of limitations. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 4YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/2021 FIFTH AFFIRMATIVE DEFENSE 69. Repeats and re-alleges each and every allegation in paragraphs 1 through 68 above as though fully set forth herein at length. 70. The plaintiffs claims are barred, in whole or in part by the doctrine of "unclean hands." SIXTH AFFIRMATIVE DEFENSE 71. Repeats and re-alleges each and every allegation in paragraphs 1 through 70 above as though fully set forth herein at length. 72. The plaintiffs claims are barred in whole or in part by the doctrine of laches. SEVENTH AFFIRMATIVE DEFENSE 73. Repeats and re-alleges each and every allegation in paragraphs 1 through 72 above as though fully set forth herein at length. 74. The plaintiffs claims are barred in whole or in part by the doctrine of waiver. EIGHTH AFFIRMATIVE DEFENSE 75. Repeats and re-alleges each and every allegation in paragraphs 1 through 74 above as though fully set forth herein at length. 76. The plaintiffs claims are barred in whole or in part by the doctrine of waiver. AS AND FOR A NINTH AFFIRMATIVE DEFENSE AND A FIRST COUNTERCLAIM 77. Repeats and re-alleges each and every allegation in paragraphs 1 through 76 above as though fully set forth herein at length. 78. Plaintiff Wayne Norton and co-defendant Bruce Norton are the brothers of defendant Robert Norton. 79. This answering Defendant, Robert Norton, is the biological son of Angelina Norton. FILED: ONONDAGA COUNTY CLERK 05/11/2021 03:48 PM INDEX NO. 008543/2020 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/11/2021 YSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/27/202) 80. Plaintiff Wayne Norton and co-defendant Bruce Norton are this answering defendant's adopted sibling brothers. 81. From 1979 through the Spring of 2011, Plaintiff