Preview
FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020
SUPREME COURT
STATE OF NEW YORK COUNTY OF WASHINGTON
BRIAN INGERSON,
Plaintiff, ANSWER
-against-
MARY E. COOMBS, Index No. EC2020-
Defendant. 31750
Defendant, MARY E. COOMBS, by her attorney, JOHN R. WINN, ESQ.,
in answer to the Complaint of the Plaintiff, states as follows:
"1"
1. Upon information and belief and in answer to Paragraph of the
Complaint, the defendant denies that the plaintiff is a resident of the State of New
York and County of Washington. Upon information and belief, the plaintiff has a
Vermont driver's license and has his vehicle registration in the State of Vermont
2. Defendant admits the allegations contained in Paragraph "2".
3. Defendant denies each and every allegation contained in Paragraph
"3"
of the Complaint and states affirmatively that Defendant Mary E. Coombs
purchased the premises consisting of 5.1 acres of land in Carlton Road in the
Town of Whitehall, County of Washington and State of New York in August of
2017. The premises consisted of vacant land and the purchase price was
$18,000.00. The sale was arranged through a real estate broker (Beth Reynolds at
Keller-Williams). The defendant paid all of the purchase price of the said
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premises and the contract and title were in the defendant's name alone. There was
no agreement, written or verbal, that the plaintiff was to have any interest in the
real property and the plaintiff does not, nor did the plaintiff pay any part of the
purchase price.
4. Defendant denies each and every allegation contained in Paragraph
"4"
of the Complaint. Since the defendant purchased the real property in 2017, the
defendant has paid all of the real property taxes and other expenses relating to the
real property. The defendant did construct a small barn on the parcel and arranged
for electrical service to the barn. The defendant, however, paid for all of the costs
of the barn and the plaintiff did not purchase any of the materials for the same and
also has not pay any portion of the real estate taxes since the defendant purchased
the premises in 2017. When the barn was completed, the defendant put the
electrical service in her name and thereafter paid for the same on a monthly basis.
"5"
5. Defendant admits the allegations contained in Paragraph of the
Complaint to the extent that the same asserts that there are no other persons who
have a share, interest or right to the property, and states affirmatively that there are
no person or persons at all other than defendant who have any valid title or claim
to the property.
"6"
6. Deny each and every allegation contained in Paragraph of the
Complaint. Since the defendant was at all times after August 23, 2017 the sole
owner of the Carlton Road property, there was no agreement made the
by
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defendant with anyone relating to ownership, use and occupancy of the property
and the defendant has paid all cost associated therewith.
"7"
7. In answer to Paragraph of the Complaint, the defendant admits
that the plaintiff and defendant terminated their personal relationship in the year
2019. Upon information and belief, the plaintiff thereafter moved his RV onto the
defendant's property on Carlton Road in Whitehall, New York and, upon
information and belief, has been staying in the RV. The plaintiff also went to the
Washington County Family Court, made false claims that the defendant had
committed domestic violence against the plaintiff, and obtained an ex parte
temporary order of protection preventing the defendant from going near the
plaintiff. As a result of the said temporary order, the defendant has effectively
been barred from going to her real property on Carlton Road in Whitehall, New
York.
"8"
8. In answer to Paragraph of the Answer, the defendant lacks
knowledge as to how a lien or encumbrance can be filed against a person, but
states affirmatively that the defendant owns the real property at Carlton Road,
Whitehall, New York free and clear of all liens and encumbrances.
9. The defendant denies the allegations contained in said Paragraph "9".
10. The defendant denies the allegations contained in said Paragraph "10".
11. The defendant denies the allegations contained in said Paragraph "11".
"12"
12. In answer to Paragraph of the Complaint, the defendant admits
that defendant is of full age and sound mind, lacks knowledge or information
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sufficient to form a belief as to whether the plaintiff is of sound mind and denies
each and every other allegations contained in said Paragraph "12".
"13"
13. In answer to Paragraph of the Complaint, the defendant denies
that the plaintiff has or is incurring any costs relating to the real property at
Carlton Road in Whitehall, New York. The defendant did have the electrical
service to the property turned off. Upon information and belief, the only possible
expense that the plaintiff might have is if he has the electrical service turned back
on in his name and is using electricity for his RV
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
14. The Complaint of the plaintiff fails to state a valid cause of action.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
14. The claim of the plaintiff is barred by the Statute of Frauds.
WHEREFORE, the defendants demand judgment dismissing the Complaint
of the plaintiff, together with such other and further relief as to the Court may
seem just and proper, including the costs and disbursements of this action.
Dated: July 18, 2020 Y . etc.
JOHN . WINN, ESQ.
Attorney for Defendant
13 North Street
Granville, New York 12832
Tel: (518) 642-1365
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF WASHINGTON ) ss.:
MARY E. COOMBS, being duly sworn, deposes and says: I am the
defendant in the above-entitled action; I have read the foregoing Answer, know
the contents thereof, and know that the same are true to my knowledge, except as
to those matters which are stated to be alleged on information and belief, and as to
those matters I believe it to be true.
RY . OOMBS
S ore me this
of July, 2 0.
Notary blic
5 of 5
Preview
FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF WASHINGTON BRIAN INGERSON, Plaintiff, ANSWER -against- MARY E. COOMBS, Index No. EC2020- Defendant. 31750 Defendant, MARY E. COOMBS, by her attorney, JOHN R. WINN, ESQ., in answer to the Complaint of the Plaintiff, states as follows: "1" 1. Upon information and belief and in answer to Paragraph of the Complaint, the defendant denies that the plaintiff is a resident of the State of New York and County of Washington. Upon information and belief, the plaintiff has a Vermont driver's license and has his vehicle registration in the State of Vermont 2. Defendant admits the allegations contained in Paragraph "2". 3. Defendant denies each and every allegation contained in Paragraph "3" of the Complaint and states affirmatively that Defendant Mary E. Coombs purchased the premises consisting of 5.1 acres of land in Carlton Road in the Town of Whitehall, County of Washington and State of New York in August of 2017. The premises consisted of vacant land and the purchase price was $18,000.00. The sale was arranged through a real estate broker (Beth Reynolds at Keller-Williams). The defendant paid all of the purchase price of the said 1 of 5 FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020 premises and the contract and title were in the defendant's name alone. There was no agreement, written or verbal, that the plaintiff was to have any interest in the real property and the plaintiff does not, nor did the plaintiff pay any part of the purchase price. 4. Defendant denies each and every allegation contained in Paragraph "4" of the Complaint. Since the defendant purchased the real property in 2017, the defendant has paid all of the real property taxes and other expenses relating to the real property. The defendant did construct a small barn on the parcel and arranged for electrical service to the barn. The defendant, however, paid for all of the costs of the barn and the plaintiff did not purchase any of the materials for the same and also has not pay any portion of the real estate taxes since the defendant purchased the premises in 2017. When the barn was completed, the defendant put the electrical service in her name and thereafter paid for the same on a monthly basis. "5" 5. Defendant admits the allegations contained in Paragraph of the Complaint to the extent that the same asserts that there are no other persons who have a share, interest or right to the property, and states affirmatively that there are no person or persons at all other than defendant who have any valid title or claim to the property. "6" 6. Deny each and every allegation contained in Paragraph of the Complaint. Since the defendant was at all times after August 23, 2017 the sole owner of the Carlton Road property, there was no agreement made the by 2 of 5 FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020 defendant with anyone relating to ownership, use and occupancy of the property and the defendant has paid all cost associated therewith. "7" 7. In answer to Paragraph of the Complaint, the defendant admits that the plaintiff and defendant terminated their personal relationship in the year 2019. Upon information and belief, the plaintiff thereafter moved his RV onto the defendant's property on Carlton Road in Whitehall, New York and, upon information and belief, has been staying in the RV. The plaintiff also went to the Washington County Family Court, made false claims that the defendant had committed domestic violence against the plaintiff, and obtained an ex parte temporary order of protection preventing the defendant from going near the plaintiff. As a result of the said temporary order, the defendant has effectively been barred from going to her real property on Carlton Road in Whitehall, New York. "8" 8. In answer to Paragraph of the Answer, the defendant lacks knowledge as to how a lien or encumbrance can be filed against a person, but states affirmatively that the defendant owns the real property at Carlton Road, Whitehall, New York free and clear of all liens and encumbrances. 9. The defendant denies the allegations contained in said Paragraph "9". 10. The defendant denies the allegations contained in said Paragraph "10". 11. The defendant denies the allegations contained in said Paragraph "11". "12" 12. In answer to Paragraph of the Complaint, the defendant admits that defendant is of full age and sound mind, lacks knowledge or information 3 of 5 FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020 sufficient to form a belief as to whether the plaintiff is of sound mind and denies each and every other allegations contained in said Paragraph "12". "13" 13. In answer to Paragraph of the Complaint, the defendant denies that the plaintiff has or is incurring any costs relating to the real property at Carlton Road in Whitehall, New York. The defendant did have the electrical service to the property turned off. Upon information and belief, the only possible expense that the plaintiff might have is if he has the electrical service turned back on in his name and is using electricity for his RV AS AND FOR A FIRST AFFIRMATIVE DEFENSE: 14. The Complaint of the plaintiff fails to state a valid cause of action. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: 14. The claim of the plaintiff is barred by the Statute of Frauds. WHEREFORE, the defendants demand judgment dismissing the Complaint of the plaintiff, together with such other and further relief as to the Court may seem just and proper, including the costs and disbursements of this action. Dated: July 18, 2020 Y . etc. JOHN . WINN, ESQ. Attorney for Defendant 13 North Street Granville, New York 12832 Tel: (518) 642-1365 4 of 5 FILED: WASHINGTON COUNTY CLERK 07/18/2020 11:16 AM INDEX NO. EC2020-31750 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/18/2020 VERIFICATION STATE OF NEW YORK ) COUNTY OF WASHINGTON ) ss.: MARY E. COOMBS, being duly sworn, deposes and says: I am the defendant in the above-entitled action; I have read the foregoing Answer, know the contents thereof, and know that the same are true to my knowledge, except as to those matters which are stated to be alleged on information and belief, and as to those matters I believe it to be true. RY . OOMBS S ore me this of July, 2 0. Notary blic 5 of 5