Preview
INDEX NO. 030025/2011
(FILED: ROCKLAND COUNTY CLERK 1072172011)
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2011
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
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ANABELLA CERVANTES,
Plaintiff, VERIFIED ANSWER
- against — Index No. 30025/2011
COLONIAL PROPERTY MANAGEMENT, LLC,
Defendant.
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The defendant, COLONIAL PROPERTY MANAGEMENT, LLC, through its
attorneys, LICATA & CONKLIN, answer the Complaint of the plaintiff as follows:
1 Denies paragraph numbered “2” of plaintiff's Amended Verified
Complaint.
2 Denies knowledge and information sufficient to form a belief as to
paragraph numbered “4” of plaintiff's Verified Complaint.
3 Denies paragraph numbered “5” of plaintiffs Verified Complaint
only to the extent that defendant did not lease the “upstairs” apartment as referred to in
said paragraph. Defendant leased the entire residence to the-plaintiff.
4. Denies paragraph numbered “6” of the plaintiffs Verified
Complaint.
5. Denies paragraph numbered “8” of plaintiff's Verified Complaint.
6. Denies paragraph numbered “9” of plaintiff's Verified Complaint.
7. With respect to paragraph numbered “10”, the defendant admits
entering the leased premises but denies that it was without notice and was done at the
direction of the plaintiff.
8. Denies paragraph numbered “11” of plaintiff's Verified Complaint.
9. Admits that some of plaintiff's personal belongings were removed
from the subject premises. However, the action of the defendant was at the direction of
the plaintiff.
10. Denies paragraph numbered “13” and “14” of plaintiff's amended
Verified Complaint.
11. With regard to paragraph numbered “15”, the defendant never
terminated the lease agreement between the parties.
12. With regard to paragraph numbered “16” of plaintiff's amended
Verified Complaint, defendant never terminated the plaintiff’s tenancy.
13. With respect to paragraph numbered “17” of plaintiff's amended
Verified Complaint, defendant admits that a court had not authorized the removal of the
plaintiff. However, any items removed by the defendant were at the direction of the
plaintiff.
ANSWERING PLAINTIFF'S FIRST CAUSE OF ACTION
14. Defendant answers paragraph “18” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
15. Denies paragraph “23” of plaintiff's Amended Verified Complaint
and that the defendant did not forcibly remove plaintiff from the premises.
16. Denies paragraphs “24”, “25” and “26” of plaintiff's Amended
Verified Complaint.
ANSWERING PLAINTIFF. “S SECOND CAUSE OF ACTION
17. Defendant answers paragraph “27” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
18. Denies paragraphs “28”, “29”, “30”, “32”, “33”.
ANSWERING PLAINTIFF’S THIRD CAUSE OF ACTION
19. Defendant answers paragraph “34” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
20. Denies paragraph “35”, “36”, “37” and “38”.
ANSWERING PLAINTIFF’S FOURTH CAUSE OF ACTION
21. Defendant answers paragraph “39” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
tength.
22. Denies paragraphs numbered “40”, “41” and “42”.
ANSWERING PLAINTIFF’S FIFTH CAUSE ACTION
23. Defendant answers paragraph “43” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
jength.
24, Denies paragraphs numbered “44” and “45” of plaintiff's Amended
Verified Complaint.
ANSWERING PLAINTIFF'S SIXTH CAUSE OF ACTION
25, Defendant answers paragraph “46” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
26. Defendant denies paragraphs “47”, “48”, “49” and “SO” of
plaintiff's Amended Verified Complaint.
ANSWERING PLAINTIFF'S SEVENTH CAUSE OF ACTION
27. Defendant answers paragraph “51” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
28. Denies paragraphs numbered “52”, “53” and “54” of plaintiff's
Amended Verified Complaint.
ANSWERING PLAITNIFF’S EIGHTH CAUSE OF ACTION
29. Defendant answers paragraph “55” and those paragraphs referenced
therein as previously answered and with full force and effect as if fully set forth herein at
length.
30. Denies paragraphs numbered “56”, “57” and “58”.
AS AND FOR A COUNTERCLAIM AGAINST THE PLAINTIFF
31. The parties entered into a lease agreement on or about February 1,
2011 concerning the tenancy of 41 Commerce Street, Spring Valley, New York 10977.
32. The plaintiff, without just cause, failed to pay rent for the months
of March, April and May, 2011 at the rate of $2,000.00 per month.
33. The defendant has been damaged in the amount of $6,000.00.
WHEREFORE, the defendant demands judgment dismissing the Complaint of the
plaintiff in its entirety and for judgment against the plaintiff in the amount of $6,000.00.
Dated: Suffern, New York
September 27, 2011
ptf ——~
BY.
ROBERT V. CONKLIN
LICATA & CONKLIN
Attorneys for Defendant
Office & P.O. Address
222 Route 59-Suite 111
Suffern, New York 10901
(845) 357-4242
TO ROBERT V. MAGRINO, ESQ.
10 Esquire Road
Suitel1C
New City, New York 10956
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF ROCKLAND
manent nnn nnn nnn nnn nen ee en en eaten,
ANABELLA CERVANTES,
Plaintiff, VERIFICATION
- against — Index No. 30025/2011
COLONIAL PROPERTY MANAGEMENT, LLC
Defendant.
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STATE OF NEW YORK }
} ss,
COUNTY OF ROCKLAND }
ZISHE BABAD, hereby affirms and says that he is a member of Colonial
Property Management, LLC, the defendant named in the above-captioned action; that he
has read the annexed Complaint and knows the content thereof; and that the contents of
the documents are true to his own knowledge, except for those matters therein stated to
be alleged on information and belief and, as to those matters, believes them to be true
‘P
ZISHEBABAD
Sworn to before me this
213 eptember, 2011
assert ery CONK
of
mee.
C New Yorg
OTARY PUB ommissient Beyin
23 copra
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E, sookla
gY‘et of
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INDEX NO. 030025/2011 (FILED: ROCKLAND COUNTY CLERK 1072172011) NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/21/2011 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND wee cece teen ee ee eenneennne ne cnmnennnnnnecennnnnaunnanenmnee, xX ANABELLA CERVANTES, Plaintiff, VERIFIED ANSWER - against — Index No. 30025/2011 COLONIAL PROPERTY MANAGEMENT, LLC, Defendant. eee ence eee eee ne ne nnn nee nnn nnnnnnnnnnnenenene X The defendant, COLONIAL PROPERTY MANAGEMENT, LLC, through its attorneys, LICATA & CONKLIN, answer the Complaint of the plaintiff as follows: 1 Denies paragraph numbered “2” of plaintiff's Amended Verified Complaint. 2 Denies knowledge and information sufficient to form a belief as to paragraph numbered “4” of plaintiff's Verified Complaint. 3 Denies paragraph numbered “5” of plaintiffs Verified Complaint only to the extent that defendant did not lease the “upstairs” apartment as referred to in said paragraph. Defendant leased the entire residence to the-plaintiff. 4. Denies paragraph numbered “6” of the plaintiffs Verified Complaint. 5. Denies paragraph numbered “8” of plaintiff's Verified Complaint. 6. Denies paragraph numbered “9” of plaintiff's Verified Complaint. 7. With respect to paragraph numbered “10”, the defendant admits entering the leased premises but denies that it was without notice and was done at the direction of the plaintiff. 8. Denies paragraph numbered “11” of plaintiff's Verified Complaint. 9. Admits that some of plaintiff's personal belongings were removed from the subject premises. However, the action of the defendant was at the direction of the plaintiff. 10. Denies paragraph numbered “13” and “14” of plaintiff's amended Verified Complaint. 11. With regard to paragraph numbered “15”, the defendant never terminated the lease agreement between the parties. 12. With regard to paragraph numbered “16” of plaintiff's amended Verified Complaint, defendant never terminated the plaintiff’s tenancy. 13. With respect to paragraph numbered “17” of plaintiff's amended Verified Complaint, defendant admits that a court had not authorized the removal of the plaintiff. However, any items removed by the defendant were at the direction of the plaintiff. ANSWERING PLAINTIFF'S FIRST CAUSE OF ACTION 14. Defendant answers paragraph “18” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 15. Denies paragraph “23” of plaintiff's Amended Verified Complaint and that the defendant did not forcibly remove plaintiff from the premises. 16. Denies paragraphs “24”, “25” and “26” of plaintiff's Amended Verified Complaint. ANSWERING PLAINTIFF. “S SECOND CAUSE OF ACTION 17. Defendant answers paragraph “27” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 18. Denies paragraphs “28”, “29”, “30”, “32”, “33”. ANSWERING PLAINTIFF’S THIRD CAUSE OF ACTION 19. Defendant answers paragraph “34” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 20. Denies paragraph “35”, “36”, “37” and “38”. ANSWERING PLAINTIFF’S FOURTH CAUSE OF ACTION 21. Defendant answers paragraph “39” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at tength. 22. Denies paragraphs numbered “40”, “41” and “42”. ANSWERING PLAINTIFF’S FIFTH CAUSE ACTION 23. Defendant answers paragraph “43” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at jength. 24, Denies paragraphs numbered “44” and “45” of plaintiff's Amended Verified Complaint. ANSWERING PLAINTIFF'S SIXTH CAUSE OF ACTION 25, Defendant answers paragraph “46” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 26. Defendant denies paragraphs “47”, “48”, “49” and “SO” of plaintiff's Amended Verified Complaint. ANSWERING PLAINTIFF'S SEVENTH CAUSE OF ACTION 27. Defendant answers paragraph “51” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 28. Denies paragraphs numbered “52”, “53” and “54” of plaintiff's Amended Verified Complaint. ANSWERING PLAITNIFF’S EIGHTH CAUSE OF ACTION 29. Defendant answers paragraph “55” and those paragraphs referenced therein as previously answered and with full force and effect as if fully set forth herein at length. 30. Denies paragraphs numbered “56”, “57” and “58”. AS AND FOR A COUNTERCLAIM AGAINST THE PLAINTIFF 31. The parties entered into a lease agreement on or about February 1, 2011 concerning the tenancy of 41 Commerce Street, Spring Valley, New York 10977. 32. The plaintiff, without just cause, failed to pay rent for the months of March, April and May, 2011 at the rate of $2,000.00 per month. 33. The defendant has been damaged in the amount of $6,000.00. WHEREFORE, the defendant demands judgment dismissing the Complaint of the plaintiff in its entirety and for judgment against the plaintiff in the amount of $6,000.00. Dated: Suffern, New York September 27, 2011 ptf ——~ BY. ROBERT V. CONKLIN LICATA & CONKLIN Attorneys for Defendant Office & P.O. Address 222 Route 59-Suite 111 Suffern, New York 10901 (845) 357-4242 TO ROBERT V. MAGRINO, ESQ. 10 Esquire Road Suitel1C New City, New York 10956 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF ROCKLAND manent nnn nnn nnn nnn nen ee en en eaten, ANABELLA CERVANTES, Plaintiff, VERIFICATION - against — Index No. 30025/2011 COLONIAL PROPERTY MANAGEMENT, LLC Defendant. pe ceneeenn enn nnneeneennnnn een niinunnenee nnn nnennnnenet xX STATE OF NEW YORK } } ss, COUNTY OF ROCKLAND } ZISHE BABAD, hereby affirms and says that he is a member of Colonial Property Management, LLC, the defendant named in the above-captioned action; that he has read the annexed Complaint and knows the content thereof; and that the contents of the documents are true to his own knowledge, except for those matters therein stated to be alleged on information and belief and, as to those matters, believes them to be true ‘P ZISHEBABAD Sworn to before me this 213 eptember, 2011 assert ery CONK of mee. C New Yorg OTARY PUB ommissient Beyin 23 copra ec E, sookla gY‘et of