On July 24, 2020 a
Answer
was filed
involving a dispute between
Citibank, N.A.,
and
Carroll E Cervoni,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Schuyler County.
Preview
FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHUYLER
CITIBANK, N.A.,
Plaintiff VERIFIED ANSWER
- Against-
INDEX No. E2020-0073
CARROLL E CERVONI,
Defendant.
_____________________________ ______________
Defendant CARROLL E CERVONI answers the Complaint of CITIBANK, N.A.:
FIRST CAUSE OF ACTION
8. Defendant is unable to admit or deny paragraph 8 of the Complaint.
9. Defendant denies, in part, the allegations coiitâiited in paragraph 9 of the Complaint.
10. Defendant denies the allegations contained in paragraph 10 of the Complaiñt.
SECOND CAUSE OF ACTION
11. Defendant is unable to admit or deny paragraph 11 of the Complaint
12. Defendant denies the allegations contained in paragraph 12 of the Ce·mplaint.
èfendant also asserts the AFFIRMATIVE DEFENSES:
1. Plaintiff is barred by the Statute of Limitations;
2. Plaintiff is barred by its breach of the covenant of good faith and fair dealing from proceeding
in this action against Defendant.
3. Defendant disputes the amount and validity of the claimed amounts of principal, prejudgmêñt
interest, late charges and attorney fees.
4. Defendant requests verification of the alleged debt.
5. Plaintiff failed to properly obtain peisoiml jurisdiction over the Defendañt.
6. The allegecf debt has been securitized apd therefore Plaintiff lacks standing.
1 of 3
FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020
7. Statute of Frauds
8. Any agreement is subject to binding arbitration.
WHEREFORE, Defendant requests that Plaintiff takes nothing against Defendant and that
judgment in favor of Defendant be entered; and, that Defendant be awarded all the costs of suit.
Dated: August 11, 2020
Respectfully sphmitted,
CARROLL E CERVONI
5"
126 STREET
WATKINS GLEN, NY 14891
Defendant
2 of 3
FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020
CERTIFICATE OF SERVICE
I, CARROLL E CERVONI, defendant, have on the date indicated below, served by mail
a true copy of the following document:
AESWER TO COMPLAIN__T
The above docüniciit was delivered by United States Postal Service Regular Mail to the
Plaintiff's Attorney named below:
SELIP AND STYLIANOU, LLP
199 CROSSWAYS PARK DRIVE
WOODBURY, NY 11797
Executed on August 11, 2020, I declare under penalty of perjury that the foregoing is true
and correct.
Respectfully submitted,
CARROLL E CERVONI
Defendant
3 of 3
Document Filed Date
August 13, 2020
Case Filing Date
July 24, 2020
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHUYLER CITIBANK, N.A., Plaintiff VERIFIED ANSWER - Against- INDEX No. E2020-0073 CARROLL E CERVONI, Defendant. _____________________________ ______________ Defendant CARROLL E CERVONI answers the Complaint of CITIBANK, N.A.: FIRST CAUSE OF ACTION 8. Defendant is unable to admit or deny paragraph 8 of the Complaint. 9. Defendant denies, in part, the allegations coiitâiited in paragraph 9 of the Complaint. 10. Defendant denies the allegations contained in paragraph 10 of the Complaiñt. SECOND CAUSE OF ACTION 11. Defendant is unable to admit or deny paragraph 11 of the Complaint 12. Defendant denies the allegations contained in paragraph 12 of the Ce·mplaint. èfendant also asserts the AFFIRMATIVE DEFENSES: 1. Plaintiff is barred by the Statute of Limitations; 2. Plaintiff is barred by its breach of the covenant of good faith and fair dealing from proceeding in this action against Defendant. 3. Defendant disputes the amount and validity of the claimed amounts of principal, prejudgmêñt interest, late charges and attorney fees. 4. Defendant requests verification of the alleged debt. 5. Plaintiff failed to properly obtain peisoiml jurisdiction over the Defendañt. 6. The allegecf debt has been securitized apd therefore Plaintiff lacks standing. 1 of 3 FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020 7. Statute of Frauds 8. Any agreement is subject to binding arbitration. WHEREFORE, Defendant requests that Plaintiff takes nothing against Defendant and that judgment in favor of Defendant be entered; and, that Defendant be awarded all the costs of suit. Dated: August 11, 2020 Respectfully sphmitted, CARROLL E CERVONI 5" 126 STREET WATKINS GLEN, NY 14891 Defendant 2 of 3 FILED: SCHUYLER COUNTY CLERK 08/13/2020 03:57 PM INDEX NO. e2020-0073 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/13/2020 CERTIFICATE OF SERVICE I, CARROLL E CERVONI, defendant, have on the date indicated below, served by mail a true copy of the following document: AESWER TO COMPLAIN__T The above docüniciit was delivered by United States Postal Service Regular Mail to the Plaintiff's Attorney named below: SELIP AND STYLIANOU, LLP 199 CROSSWAYS PARK DRIVE WOODBURY, NY 11797 Executed on August 11, 2020, I declare under penalty of perjury that the foregoing is true and correct. Respectfully submitted, CARROLL E CERVONI Defendant 3 of 3