On December 10, 2019 a
Answer
was filed
involving a dispute between
Esl Federal Credit Union,
and
Conrad N. Normann Jr.,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM INDEX NO. 001088-2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
LOUIS CARL GRECO LOUIS CARL GRECO
Document Type: CIVIL ACTION - MISC Document Desc: ANSWER
Plaintiff Defendant
ESL Federal Credit Union Normann Conrad N. Jr.
Recorded Information:
State of New York
Index #: 001088-2019 County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
AKB
Do Not1 ofDetach
6
IndexNO.
INDEX # : 001088-2019
001088-2019
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
________________________________________________
ESL FEDERAL CREDIT UNION, ANSWER
Plaintiff, Index No. 001088-2019
vs.
CONRAD N. NORMANN,
Defendant(s).
________________________________________________
Defendant, CONRAD N. NORMANN, by and through his attorneys, Law Offices of
Robert S. Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an
Answer to the Plaintiff’s Complaint, states the following upon information and belief:
1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on
that basis.
2. Defendant ADMITS to the allegations set forth in paragraph 2.
3. Defendant DENIES to the allegations set forth in paragraph 4.
4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on
that basis.
5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
falsity of the allegations set forth in Paragraph 5 and, therefore, DENIES the allegations on
that basis.
2 of 6
IndexNO.
INDEX #: 001088-2019
001088-2019
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
AFFIRMATIVE DEFENSES
First Affirmative Defense
The Complaint fails to state a claim against Defendant upon which relief can be granted.
Second Affirmative Defense
Defendant denies the amounts claimed by Plaintiff and the remaining allegations.
Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of
all alleged purchases, charges, credits, offsets and payments to the alleged account.
Third Affirmative Defense
Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper
charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that
these charges created an unconscionable contract and that allowing Plaintiff to collect these
amounts would be inequitable and against public policy.
Fourth Affirmative Defense
Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a
result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt,
making performance of any obligation impossible.
Fifth Affirmative Defense
This action is barred by the statute of limitations.
3 of 6
IndexNO.
INDEX #: 001088-2019
001088-2019
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
Sixth Affirmative Defense
Plaintiff’s claims are barred by estoppel, unclean hands, and waiver.
Seventh Affirmative Defense
Defendant did not breach any duty or obligation allegedly owed to Plaintiff.
Eighth Affirmative Defense
Plaintiff’s claims are barred by its failure to satisfy all conditions precedent.
Ninth Affirmative Defense
Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s
damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants.
Tenth Affirmative Defense
Plaintiff is barred under the Fair Debt Collection Practices Act, 15
U.S.C. § 1692f(1) and other relevant state and federal statutes, from collecting any interest and
any amount unless it is expressly authorized by the agreement creating the alleged debt or
permitted by law. Plaintiff has failed to attach proper documentation to verify such interest is
permitted under the applicable rules.
Eleventh Affirmative Defense
Plaintiff’s claims are barred by the doctrine of laches due to Plaintiff’s unreasonable and
inexcusable delay which caused substantial prejudice and injury to Defendant.
4 of 6
IndexNO.
INDEX #: 001088-2019
001088-2019
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
Twelfth Affirmative Defense
The contract entered into between the parties was based on Usury and is therefore
unenforceable.
Thirteenth Affirmative Defense
Plaintiff engaged in improper service of process since it never served defendant
personally or through a permissible substitute method as required under CPLR 308.
Fourteenth Affirmative Defense
Defendant reserves the right to assert additional defenses as discovery progresses.
5 of 6
IndexNO.
INDEX #: 001088-2019
001088-2019
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020
PRAYER FOR RELIEF
WHEREFORE, the Defendant prays for relief from this Honorable Court as follows:
A. That the Plaintiff takes nothing by way of this Complaint,
B. To dismiss the Complaint with prejudice based upon the admissions, denials, and
defenses as alleged herein,
C. To award the Defendant’s costs, and
D. To award the Defendant such other and further relief as this Court deems just and
equitable.
Respectfully Submitted,
__________/s/___________
Louis Greco, Esq.
Attorney for the Defendant
Law Offices of Robert S. Gitmeid &
Assoc., PLLC
11 Broadway, Suite 960
New York, NY 10004
Tel: (212) 226-5081
Fax: (212) 208-2591
TO: CLERK
STATE OF NEW YORK
SUPREME COURT COUNTY OF LIVINGSTON
CC: DAVID M. CAPRIOTTI, ESQ.
HARRIS BEACH PLLC
Attorneys for Plaintiff
60 Motor Parkway
Commack, NY 11725
6 of 6
Document Filed Date
January 03, 2020
Case Filing Date
December 10, 2019
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM INDEX NO. 001088-2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: LOUIS CARL GRECO LOUIS CARL GRECO Document Type: CIVIL ACTION - MISC Document Desc: ANSWER Plaintiff Defendant ESL Federal Credit Union Normann Conrad N. Jr. Recorded Information: State of New York Index #: 001088-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York AKB Do Not1 ofDetach 6 IndexNO. INDEX # : 001088-2019 001088-2019 FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON ________________________________________________ ESL FEDERAL CREDIT UNION, ANSWER Plaintiff, Index No. 001088-2019 vs. CONRAD N. NORMANN, Defendant(s). ________________________________________________ Defendant, CONRAD N. NORMANN, by and through his attorneys, Law Offices of Robert S. Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the Plaintiff’s Complaint, states the following upon information and belief: 1. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on that basis. 2. Defendant ADMITS to the allegations set forth in paragraph 2. 3. Defendant DENIES to the allegations set forth in paragraph 4. 4. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on that basis. 5. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 5 and, therefore, DENIES the allegations on that basis. 2 of 6 IndexNO. INDEX #: 001088-2019 001088-2019 FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 AFFIRMATIVE DEFENSES First Affirmative Defense The Complaint fails to state a claim against Defendant upon which relief can be granted. Second Affirmative Defense Defendant denies the amounts claimed by Plaintiff and the remaining allegations. Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the alleged account. Third Affirmative Defense Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that these charges created an unconscionable contract and that allowing Plaintiff to collect these amounts would be inequitable and against public policy. Fourth Affirmative Defense Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt, making performance of any obligation impossible. Fifth Affirmative Defense This action is barred by the statute of limitations. 3 of 6 IndexNO. INDEX #: 001088-2019 001088-2019 FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 Sixth Affirmative Defense Plaintiff’s claims are barred by estoppel, unclean hands, and waiver. Seventh Affirmative Defense Defendant did not breach any duty or obligation allegedly owed to Plaintiff. Eighth Affirmative Defense Plaintiff’s claims are barred by its failure to satisfy all conditions precedent. Ninth Affirmative Defense Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants. Tenth Affirmative Defense Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692f(1) and other relevant state and federal statutes, from collecting any interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify such interest is permitted under the applicable rules. Eleventh Affirmative Defense Plaintiff’s claims are barred by the doctrine of laches due to Plaintiff’s unreasonable and inexcusable delay which caused substantial prejudice and injury to Defendant. 4 of 6 IndexNO. INDEX #: 001088-2019 001088-2019 FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 Twelfth Affirmative Defense The contract entered into between the parties was based on Usury and is therefore unenforceable. Thirteenth Affirmative Defense Plaintiff engaged in improper service of process since it never served defendant personally or through a permissible substitute method as required under CPLR 308. Fourteenth Affirmative Defense Defendant reserves the right to assert additional defenses as discovery progresses. 5 of 6 IndexNO. INDEX #: 001088-2019 001088-2019 FILED: LIVINGSTON COUNTY CLERK 01/03/2020 04:30 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/03/2020 PRAYER FOR RELIEF WHEREFORE, the Defendant prays for relief from this Honorable Court as follows: A. That the Plaintiff takes nothing by way of this Complaint, B. To dismiss the Complaint with prejudice based upon the admissions, denials, and defenses as alleged herein, C. To award the Defendant’s costs, and D. To award the Defendant such other and further relief as this Court deems just and equitable. Respectfully Submitted, __________/s/___________ Louis Greco, Esq. Attorney for the Defendant Law Offices of Robert S. Gitmeid & Assoc., PLLC 11 Broadway, Suite 960 New York, NY 10004 Tel: (212) 226-5081 Fax: (212) 208-2591 TO: CLERK STATE OF NEW YORK SUPREME COURT COUNTY OF LIVINGSTON CC: DAVID M. CAPRIOTTI, ESQ. HARRIS BEACH PLLC Attorneys for Plaintiff 60 Motor Parkway Commack, NY 11725 6 of 6