On July 29, 2015 a
Answer
was filed
involving a dispute between
Hsbc Bank Usa, N.A.,
and
Frank Palermo,
Ingrid Cognetta,
Isabella Palermo,
Nicholas Palermo,
Ronald Palermo,
for Foreclosure (residential mortgage)
in the District Court of Richmond County.
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FILED: RICHMOND COUNTY CLERK 09/18/2015 01:44 PM INDEX NO. 135718/2015
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/18/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------X
HSBC BANK USA, N.A.,
Plaintiff,
-against- ANSWER
RONALD PALERMO, ISABELLA PALERMO, 135718/2015
INGRID COGNETTA, WELLS FARGO HOME
MORTGAGE, INC. and JOHN DOE #1-10,
Defendants.
--------------------------------------X
Defendant RONALD PALERMO, by his attorneys BARRY R. FEERST &
ASSOCIATES, as and for his Answer to plaintiff’s Complaint,
respectfully:
1. Denies the allegations contained in paragraphs “FIRST.”
through “EIGHTEENTH.” of plaintiff’s Complaint and the exhibits
attached thereto.
AS AND FOR A FIRST DEFENSE
2. This court lacks jurisdiction over Defendant.
AS AND FOR A SECOND DEFENSE
3. Plaintiff’s Complaint fails to state a cause of action.
AS AND FOR A THIRD DEFENSE
4. Plaintiff lacks standing and or capacity to bring this
action.
AS AND FOR A FOURTH DEFENSE
5. Plaintiff has failed to mitigate its damages.
-1-
AS AND FOR A FIFTH DEFENSE
6. Any damages sustained by Plaintiff, if any, was solely the
result of plaintiff’s own culpable conduct, and not through or by
any fault of Defendant.
AS AND FOR A SIXTH DEFENSE
7. Plaintiff’s claims are barred by the doctrine of unclean
hands.
AS AND FOR A SEVENTH DEFENSE
8. Plaintiff’s claims are barred by documentary evidence.
AS AND FOR A EIGHTH DEFENSE
9. Plaintiff has failed to join a necessary party to this
action.
AS AND FOR A NINTH DEFENSE
10. Plaintiff failed to satisfy a condition precedent prior to
commencing this action.
AS AND FOR A TENTH DEFENSE
11. Plaintiff’s claims are barred by the doctrines of
collateral estoppel, statute of frauds and or res judicata.
AS AND FOR A ELEVENTH DEFENSE
12. Plaintiff’s claims are barred by payment and or release.
AS AND FOR A TWELFTH DEFENSE
13. Plaintiff’s claims are barred by the Statute of
Limitations.
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AS AND FOR A THIRTEENTH DEFENSE
14. A prior pending action is pending between the same parties
for the same cause of action in a court.
WHEREFORE, defendants demand judgment:
a. Dismissing Plaintiff’s Complaint; and
b. For the allowable costs and disbursements herein; and
c. For such other and further relief as may be just and
proper.
BARRY R. FEERST & ASSOCIATES
By:_______/s/_______________
BARRY R. FEERST
Attorneys for Plaintiff
194 South 8th Street
Brooklyn, New York 11211
(718)384-9111
Dated: Brooklyn, New York
September 18, 2015
-3-
Preview
FILED: RICHMOND COUNTY CLERK 09/18/2015 01:44 PM INDEX NO. 135718/2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/18/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------X HSBC BANK USA, N.A., Plaintiff, -against- ANSWER RONALD PALERMO, ISABELLA PALERMO, 135718/2015 INGRID COGNETTA, WELLS FARGO HOME MORTGAGE, INC. and JOHN DOE #1-10, Defendants. --------------------------------------X Defendant RONALD PALERMO, by his attorneys BARRY R. FEERST & ASSOCIATES, as and for his Answer to plaintiff’s Complaint, respectfully: 1. Denies the allegations contained in paragraphs “FIRST.” through “EIGHTEENTH.” of plaintiff’s Complaint and the exhibits attached thereto. AS AND FOR A FIRST DEFENSE 2. This court lacks jurisdiction over Defendant. AS AND FOR A SECOND DEFENSE 3. Plaintiff’s Complaint fails to state a cause of action. AS AND FOR A THIRD DEFENSE 4. Plaintiff lacks standing and or capacity to bring this action. AS AND FOR A FOURTH DEFENSE 5. Plaintiff has failed to mitigate its damages. -1- AS AND FOR A FIFTH DEFENSE 6. Any damages sustained by Plaintiff, if any, was solely the result of plaintiff’s own culpable conduct, and not through or by any fault of Defendant. AS AND FOR A SIXTH DEFENSE 7. Plaintiff’s claims are barred by the doctrine of unclean hands. AS AND FOR A SEVENTH DEFENSE 8. Plaintiff’s claims are barred by documentary evidence. AS AND FOR A EIGHTH DEFENSE 9. Plaintiff has failed to join a necessary party to this action. AS AND FOR A NINTH DEFENSE 10. Plaintiff failed to satisfy a condition precedent prior to commencing this action. AS AND FOR A TENTH DEFENSE 11. Plaintiff’s claims are barred by the doctrines of collateral estoppel, statute of frauds and or res judicata. AS AND FOR A ELEVENTH DEFENSE 12. Plaintiff’s claims are barred by payment and or release. AS AND FOR A TWELFTH DEFENSE 13. Plaintiff’s claims are barred by the Statute of Limitations. -2- AS AND FOR A THIRTEENTH DEFENSE 14. A prior pending action is pending between the same parties for the same cause of action in a court. WHEREFORE, defendants demand judgment: a. Dismissing Plaintiff’s Complaint; and b. For the allowable costs and disbursements herein; and c. For such other and further relief as may be just and proper. BARRY R. FEERST & ASSOCIATES By:_______/s/_______________ BARRY R. FEERST Attorneys for Plaintiff 194 South 8th Street Brooklyn, New York 11211 (718)384-9111 Dated: Brooklyn, New York September 18, 2015 -3-