On August 23, 2019 a
Answer
was filed
involving a dispute between
Credit Acceptance Corporation,
and
Tyler Davis,
for Other Matters - Contract - Other
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 11/04/2019 01:23 PM INDEX NO. 20195057
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/04/2019
SUPREME COURT, MONROE COUNTY
STATE OF NEW YORK
CREDIT ACCEPTANCE CORPORATION,
Plaintiff,
ANSWER
-against-
INDEX #: 20195057
TYLER DAVIS,
Defendant.
Defendant, TYLER DAVIS, by and through his attorneys, DIBBLE & MILLER,
P.C., Mike Krueger, Esq. of counsel, as and for his Answer, respectfully alleges as
follows:
1. Defendant admits the allegations contained in paragraphs 1 & 2 of
Plaintiff's Complaint.
2. Defendant denies the allegations in paragraphs 4, 5 & 6.
3. Defendant lacks knowledge to form a belief as to the allegations in
paragraph 3 and denies each and every allegation of the Complaint not heretofore
admitted or controverted.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
4. Defendant repeats and realleges the allegations contained hereinabove.
5. Upon information and belief, the Complaint fails to state a cause of action
upon which relief can be granted against the defendant.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
6. Defendant repeats and realleges the allegations contained hereinabove.
7. Upon information and belief, Defendant made payments on this account
and Defendant, believes that the amount due as claimed in Plaintiff's Complaint is not
accurate.
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FILED: YATES COUNTY CLERK 11/04/2019 01:23 PM INDEX NO. 20195057
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/04/2019
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
8. Defendant repeats and realleges the allegations contained hereinabove.
9. Upon information and belief, the statute of limitations applicable to this
action has expired.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
10. Defendant repeats and realleges the allegations contained hereinabove.
11. Upon information and belief, Plaintiff has not properly served the
defendant.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
12. Defendant repeats and realleges the allegations contained hereinabove.
13. Upon information and belief, Plaintiff lacks standing to bring this action.
WHEREFORE, Defendant, TYLER DAVIS, respectfully requests
judgment against Plaintiff dismissing the Plaintiff's Complaint and for such other and
further relief as to the Court may seem just and proper.
Dated: November 4, 2019 DIBBLE & MILLE .C.
BY: Mike géf, Esq.
55 Canter ry Rd.
Roches , NY 14614
(585) 1-1500
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Filename:\\Gwdntserver\D~tm=nt- Tyler\Answer.docx
ejki'Jy Documents\D\Davis,
Locator:11/4/19//MJK//2//
2 of 2
Document Filed Date
November 04, 2019
Case Filing Date
August 23, 2019
Category
Other Matters - Contract - Other
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FILED: YATES COUNTY CLERK 11/04/2019 01:23 PM INDEX NO. 20195057 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/04/2019 SUPREME COURT, MONROE COUNTY STATE OF NEW YORK CREDIT ACCEPTANCE CORPORATION, Plaintiff, ANSWER -against- INDEX #: 20195057 TYLER DAVIS, Defendant. Defendant, TYLER DAVIS, by and through his attorneys, DIBBLE & MILLER, P.C., Mike Krueger, Esq. of counsel, as and for his Answer, respectfully alleges as follows: 1. Defendant admits the allegations contained in paragraphs 1 & 2 of Plaintiff's Complaint. 2. Defendant denies the allegations in paragraphs 4, 5 & 6. 3. Defendant lacks knowledge to form a belief as to the allegations in paragraph 3 and denies each and every allegation of the Complaint not heretofore admitted or controverted. AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 4. Defendant repeats and realleges the allegations contained hereinabove. 5. Upon information and belief, the Complaint fails to state a cause of action upon which relief can be granted against the defendant. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 6. Defendant repeats and realleges the allegations contained hereinabove. 7. Upon information and belief, Defendant made payments on this account and Defendant, believes that the amount due as claimed in Plaintiff's Complaint is not accurate. - 1 - 1 of 2 FILED: YATES COUNTY CLERK 11/04/2019 01:23 PM INDEX NO. 20195057 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/04/2019 AS AND FOR A THIRD AFFIRMATIVE DEFENSE: 8. Defendant repeats and realleges the allegations contained hereinabove. 9. Upon information and belief, the statute of limitations applicable to this action has expired. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: 10. Defendant repeats and realleges the allegations contained hereinabove. 11. Upon information and belief, Plaintiff has not properly served the defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: 12. Defendant repeats and realleges the allegations contained hereinabove. 13. Upon information and belief, Plaintiff lacks standing to bring this action. WHEREFORE, Defendant, TYLER DAVIS, respectfully requests judgment against Plaintiff dismissing the Plaintiff's Complaint and for such other and further relief as to the Court may seem just and proper. Dated: November 4, 2019 DIBBLE & MILLE .C. BY: Mike géf, Esq. 55 Canter ry Rd. Roches , NY 14614 (585) 1-1500 - 2 - Filename:\\Gwdntserver\D~tm=nt- Tyler\Answer.docx ejki'Jy Documents\D\Davis, Locator:11/4/19//MJK//2// 2 of 2