On August 08, 2023 a
REPLY TO COUNTERCLAIM(S)
was filed
involving a dispute between
North East Underlayments, Llc Dba North East Spray Foam,
and
Erik Obey,
Savannah Mccafferty-Doviak,
for Real Property - Other (Foreclosure of Mechanic's)
in the District Court of Essex County.
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FILED: ESSEX COUNTY CLERK 09/28/2023 08:38 AM INDEX NO. CV23-0381
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/28/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
__________________________________________________
NORTH EAST UNDERLAYMENTS, LLC dba NORTH
EAST SPRAY FOAM,
VERIFIED REPLY TO
Plaintiff, COUNTERCLAIMS
-against- Index No. CV23-0381
ERIK OBEY and SAVANNAH McCAFFERTY-DOVIAK,
Defendants.
__________________________________________________
Plaintiff, by and through its attorneys, Flink Maswick Law PLLC, as and for its Reply to
Defendants’ Counterclaims respectfully alleges as follows:
1. Admits the allegations contained in the paragraphs numbered 51 and 54 of the
Counterclaims.
2. Denies the allegations contained in the paragraphs numbered 52, 53, 55, 56, 58, 59,
62, 63, 64, 67 and 68 of the Counterclaims.
3. Denies upon information and belief the allegations contained in the paragraph
numbered 60 of the Counterclaims and refers all questions of law and fact to the Court.
4. Denies knowledge or information sufficient to form a belief as to the allegations
contained in the paragraphs numbered 61 and 66 of the Counterclaims, and refers all questions of
law to the Court.
5. Answering the paragraphs numbered 57 and 65 of the Counterclaims, plaintiff
repeats, reiterates and realleges each and every response to the recited paragraphs, with the same
force and effect as if the same were set forth at length herein.
1
FLINK MASWICK LAW PLLC
2577 MAIN STREET
LAKE PLACID, NY 12946
1 of 2
FILED: ESSEX COUNTY CLERK 09/28/2023 08:38 AM INDEX NO. CV23-0381
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/28/2023
AS AND FOR A FIRST AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES:
6. That the Counterclaims fail to state a claim against plaintiff upon which relief can
be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES:
7. That any damages sustained by defendants herein were sustained in whole or in part
by reason of the breach of contract and/or negligence and/or culpable conduct of the defendants.
AS AND FOR AN THIRD AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES:
8. That, upon information and belief, defendants failed to mitigate and/or minimize
their alleged damages.
AS AND FOR AN FOURTH AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES:
9. That, upon information and belief, defendants failed and refused to allow plaintiff
to remediate any alleged deficiency.
WHEREFORE, plaintiff demands judgment against defendants dismissing the
Counterclaims, together with the costs, disbursements and reasonable attorneys' fees of this action,
and for such other and further relief as this Court deems just and proper.
Dated: September 27, 2023
FLINK MASWICK LAW PLLC
By:
Jill E. O’Sullivan, Esq.
Attorneys for Plaintiff
2577 Main Street
Lake Placid, New York 12946
(518) 523-2441
josullivan@flinkmaswicklaw.com
2
FLINK MASWICK LAW PLLC
2577 MAIN STREET
LAKE PLACID, NY 12946
2 of 2
Document Filed Date
September 28, 2023
Case Filing Date
August 08, 2023
Category
Real Property - Other (Foreclosure of Mechanic's)
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FILED: ESSEX COUNTY CLERK 09/28/2023 08:38 AM INDEX NO. CV23-0381 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/28/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX __________________________________________________ NORTH EAST UNDERLAYMENTS, LLC dba NORTH EAST SPRAY FOAM, VERIFIED REPLY TO Plaintiff, COUNTERCLAIMS -against- Index No. CV23-0381 ERIK OBEY and SAVANNAH McCAFFERTY-DOVIAK, Defendants. __________________________________________________ Plaintiff, by and through its attorneys, Flink Maswick Law PLLC, as and for its Reply to Defendants’ Counterclaims respectfully alleges as follows: 1. Admits the allegations contained in the paragraphs numbered 51 and 54 of the Counterclaims. 2. Denies the allegations contained in the paragraphs numbered 52, 53, 55, 56, 58, 59, 62, 63, 64, 67 and 68 of the Counterclaims. 3. Denies upon information and belief the allegations contained in the paragraph numbered 60 of the Counterclaims and refers all questions of law and fact to the Court. 4. Denies knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs numbered 61 and 66 of the Counterclaims, and refers all questions of law to the Court. 5. Answering the paragraphs numbered 57 and 65 of the Counterclaims, plaintiff repeats, reiterates and realleges each and every response to the recited paragraphs, with the same force and effect as if the same were set forth at length herein. 1 FLINK MASWICK LAW PLLC 2577 MAIN STREET LAKE PLACID, NY 12946 1 of 2 FILED: ESSEX COUNTY CLERK 09/28/2023 08:38 AM INDEX NO. CV23-0381 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/28/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 6. That the Counterclaims fail to state a claim against plaintiff upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 7. That any damages sustained by defendants herein were sustained in whole or in part by reason of the breach of contract and/or negligence and/or culpable conduct of the defendants. AS AND FOR AN THIRD AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 8. That, upon information and belief, defendants failed to mitigate and/or minimize their alleged damages. AS AND FOR AN FOURTH AFFIRMATIVE DEFENSE, PLAINTIFF ALLEGES: 9. That, upon information and belief, defendants failed and refused to allow plaintiff to remediate any alleged deficiency. WHEREFORE, plaintiff demands judgment against defendants dismissing the Counterclaims, together with the costs, disbursements and reasonable attorneys' fees of this action, and for such other and further relief as this Court deems just and proper. Dated: September 27, 2023 FLINK MASWICK LAW PLLC By: Jill E. O’Sullivan, Esq. Attorneys for Plaintiff 2577 Main Street Lake Placid, New York 12946 (518) 523-2441 josullivan@flinkmaswicklaw.com 2 FLINK MASWICK LAW PLLC 2577 MAIN STREET LAKE PLACID, NY 12946 2 of 2