Preview
FILED: FRANKLIN COUNTY CLERK 09/11/2020 09:41 AM INDEX NO. E2020-360
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020
STATE OF NEW YORK
SUPREME COURT, COUNTY OF FRANKL1N
Christine Marie Aardal, VERIFIED ANSWER OF NEAL
Plaintiff, CONWAY AND ASHLEY CONWAY
-against- Index No.: E2020-360
RJI No.: 16-1-2020-0161
Neal Conway and Ashley Conway, People of
the State of New York, State of NY Dept. Of
Taxation & Finance, Harrietstown
Town/Village Court, LVNV Funding LLC
Defendants.
Defendants, Neal Conway and Ashley Conway, through their attorney Brian S. Stewart, answer
the Complaint herein as follows:
1. Admit each and every allegation of the following paragraphs of the Complaint: 3, 8, 9,
10, 11, 12, 18 and 19.
2. As to paragraph 2 of the Complaint, admit that Plaintiff is an individual and deny
knowledge or information sufficient to form a belief as to each and every other allegation
of the paragraph.
3. Deny knowledge or information sufficient to form a belief as to each and every allegation
of the following paragraphs of the Complaint: 1, 4, 5, 6, 7, 13, 17, and 26.
4. Deny each and every allegatioñ of the following paragraphs of the Complaint: 15, 16, 23,
24, and 25.
5. As to paragraphs 20, 21 and 22 apparently originally set forth all or in part on page 6 of
the Complaint, the Conway defendants deny each and every allegation of such paragraphs
and affirmatively allege that the said page 6 is not included in the copy of the Complaint
filed with the Court and, upon information and belief, such page 6 was never served upon
the Conway defendants.
6. Deny each and every allegation not specifically admitted or denied above.
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Hands."
First Afru·mative Defense, "Unclean
7. The premises described in the Mortgage and in the Complaint were insured, with plaintiff
named as mortgagee on the said insurance policy.
8. On or about September 6, 2019 the subject premises were damaged by fire to a point
where the property was rendered uninhabitable.
9. The insurance company, Central Cooperative Insurance Company, of Baldwinsville, NY,
agreed to pay $22,117.00 on the fire claim. On January 17, 2020 they issued their check
jointly to the Conway defendants and to plaintiff.
10. Plaintiff refused to cooperate with the Conway defendants in using the funds for the
repair of the home. Plaintiff took the position that she was entitled to take all or almost
all of the insurance payment and keep it without using it to repair the property to its
former condition. As of the date of this Answer the plaintiff is still to cooperate
refusing
with the Conway defendants in order to allow the home to be repaired. As of the date of
this Answer the said check has still not been cashed due to the refusal and intransigence
of the plaintiff.
11. Upon information and belief the plaintiff intentionally refused to cooperate with the
Conway defendants in repairiñg the fire damage in an effort to force the Conway
defendants to abandon the property and forfeit their accumulated equity.
12. Conway defendants lack funds sufficient to pay for the repairs required at the home.
13. Plaintiff's refusal to ress0ñâbly cooperate with the repair of the home was a violation of
her implied contractual obligation of good faith and fair dealing.
14. According to the Complaiñt, the original principal amount of the Note and Mortgage was
$73,880.45. Further, according to paragraph 18 of the Complaiñt, the plaintiff asserts that
the principal balance now due is only $4,942.28. This is only about 6.6% of the origiñal
principal balance. Further, it is less than 1/4 of the insurance proceeds.
15. As a result of plaintiff's unreasonable refusal to allow the Conway defendants to use the
insurance proceeds to repair the the defendanta were rendered homeless.
home, Conway
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16. The Conway defendants eventually were forced to purchase another home and to
temporarily abandon the home which is the subject of this foreclosse.
17. Completion of the foreclosure will have the '== result of the
completely âry wasting
equity which the Conway defendants have built up in their home.
18. This action for a residential foreclosure is an equitable action to which the standard
equitable defenses apply.
19. Plaintiff should be estopped and prevented from continuing this foreclosure proceeding
hands."
by the doctrine of "unclean
Second Affirmative Defense; Foreclosure Moratorium under Law and Executive Order
20. The Conway defendants repeat and reallege each and every allegation set forth above.
21. The State of New York, like the rest of the world, is in the middle of the Covid 19 virus
pa4=in In response the Governor of the State of New York issued Executive Order
202.28 placing a moratorium on, among other things, residential foreclosures. That
moratorium extended for 60 days from June 20, 2020 to August 19, 2020.
22. This residential foreclosure action was commenced by filing on July 17, 2020.
23. At the time that this foreclosure was co=-enced the Conway defendants faced financial
hardship due to the COVID-19 pandemic.
24. This residential foreclosure action is banned pursuant to the Executive Order set forth
above.
CONTINUED ON NEXT PAGE
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Wherefore the Conway defendants respectfully request an Order of this Court dismissing the
Complaint herein, requiring the plaintiff to make appropriate arrangements for the payment of the
fire insurance proceeds to the Conway defendants for repair of the premises and for such other
and further relief as to the Court may seem just and proper.
Dated: September 10, 2020
Brian S. Stewart
Attorney for Ashley and Neal Conway
367 W. Main St, Suite 3, Malone, NY 12953
518-481-8200
To: John Crotty, Esq
Nicles, Bracy & Mucia, PLLC
46-48 Cornelia St
PO Box 2729
Plattsburgh, NY 12901
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VERIFICATION
Ashley Conway, being duly sworn, deposes and says that deponent is a defendant in the within
action; that deponent has read the foregoing Answer and knows the contents thereof; that the
same is true to deponent's own knowledge, except as to the matter einsta lleged on
information and belief, and that as to those mattprs p t be e.. to be true.
s way
Sworn to before me on
September 10, 2020
NOTARY PUBLIC
BRIAN S STEWART
Notary Public, State of New York
No. 02ST4780543
Qualified in Franklin
Commission County
Expires September 30, 20__
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NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 09/11/2020
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