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FILED: ROCKLAND COUNTY CLERK 03/21/2012 INDEX NO. 034293/2011
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/21/2012
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ROCKLAND
M&T BANK,
Plaintiff, Index No.: 034293/2011
VS,
GLOBAL SIGN CLEANING &
MAINTENANCE INC., and
SHAYA BROWN,
Defendants.
VERIFIED REPLY TO COUNTERCLAIMS
WITH AFFIRMATIVE DEFENSES
Plaintiff, M&T Bank Corporation ("M&T Bank"), by and through its
attorneys, Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, as and for its verifed
reply to the counterclaims of the defendants, alleges as follows:
1. Denies the allegations contained in paragraphs 21 and 22 of the
defendants’ counterclaims.
2. Denies each and every other allegation contained in defendants’
counterclaims not hereinbefore specifically admitted, denied, or otherwise addressed.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
3. Defendants’ counterclaims fail to state a cause of action upon
which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
4. Plaintiff has defenses to defendants’ counterclaims founded upon
documentary evidence.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
5. Plaintiff fully performed and complied with all of the terms and
conditions of its agreements with defendants.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
6. Defendants breached their contractual obligations by failing to
perform some or all of their obligations under the agreements with plaintiff.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
7. Plaintiff has not breached any obligations owing tO defendants.
-2-
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
8. Upon information and belief, defendants failed to mitigate any
damages they claim to have suffered or incurred.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
9. Any damages allegedly due defendants are barred by application of
the doctrines of setoff and/or recoupment.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
10. Defendants’ counterclaims are barred by virtue of their own acts or
omissions.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
11. Defendants’ counterclaims are designed solely to harass, annoy, or
intimidate the plaintiff.
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WHEREFORE, plaintiff demands dismissal of the counterclaims of
defendants in their entirety, along with judgment against the defendants as follows:
(1) On its first cause of action, jointly and severally, as against
defendants in the total amount of $33,533.20, plus accrued
interest, costs, disbursements and attorneys’ fees;
(2) On its second cause of action, joint and severally, as against
defendants in the principal amount of $28,136.82, together
with interest thereon;
(3) The costs and disbursements of this action, together with
any other or further relief as the Court may deem just and
proper.
Dated: March 16, 2012
Buffalo, New York
RUPP, BAASE, PFALZGRAF,
CUNNINGHAM & COPPOLA LLC
Attorneys for Plaintiff
M&T Bank
By:
C. DiDone, Esq.
1600 Liberty Building
Buffalo, New York 14202-3502
(716) 854-3400
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VERIFICATION
STATE OF NEW YORK )
~ SS.:
COUNTY OF ERIE )
Norma Paolini, being duly sworn deposes and says that he is a Banking
Officer of M&T Bank, the plaintiff in the above-captioned action. I have read the
foregoing verified reply to counterclaims with affirmative defenses and know its
contents. The document is tree to my own knowledge, except as to matters stated to be
on information and belief, and as to those matters, I believe them to be true.
Deponent further says that the reason this verification is made by deponent
and not by M&T Bank is because the said M&T Bank is a corporation and the grounds of
deponent’s belief as to all matters in the verified reply to counterclaims with affirmative
defenses not stated upon his own knowledge, are investigations which deponent has
caused to be made concerning the subject matter of this verified reply to counterclaims
with affirmative defenses and information acquired by deponent in the course of his
duties as an officer of said corporation and from the books and papers of said corporation.
-N~or~ma Paolini/Banl~ing Officer /"~" ~
On this 2c~ day of March, 2012 before me personally came Norma
Paolini who, being duly sworn, deposed and said that she is a Banking Officer of
M&T Bank and that she has read the foregoing verified reply to counterclaims with
affirmative defenses, that she knows the contents thereof and that she has affixed her
name with all requisite authority on behalf of M&T Bank.