On July 10, 2019 a
Answer
was filed
involving a dispute between
40 Meadowbrook Lane Realty Llc,
and
Andress, Gary,
Andress, Kyle,
for Real Property
in the District Court of Bristol County.
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4.
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, ss. SUPERIOR COURT DEPT.
CIVIL ACTION #1973CV00631
40 MEADOWBROOK LANE REALTY, LLC)
Plaintiff BRISTOL. Ss supeRIOR COURT
Vv.
AUG 27 2019
KYLE ANDRESS AND GARY ANDRESS
MARC J. SANTOS, ESQ.
Defendants CLERK/MAGISTRATE
PLAINTIFF’S REPLY TO COUNTERCLAIM OF
KYLE ANDRESS AND GARY ANDRESS
AGAINST 40 MEADOWBROOK LANE REALTY, LLC
Now comes the plaintiff/defendant in counterclaim, 40 Meadowbrook Lane Realty, LLC and
makes the following reply to defendants’ counterclaim dated August 20, 2019 (the
“counterclaim”).
1 Plaintiff admits the allegations contained in Paragraph 1 of the counterclaim.
2 Plaintiff admits the allegations contained in Paragraph 2 of the counterclaim.
Plaintiff admits the allegations contained in Paragraph 3 of the counterclaim.
REPLY TO GENERAL ALLEGATIONS
Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 4 of the counterclaim.
Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 5 of the counterclaim.
Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 6 of the counterclaim.
Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 7 of the counterclaim.
8 Plaintiff denies the allegations contained in Paragraph 8 of the counterclaim.
9 Plaintiff admits the allegations contained in Paragraph 9 of the counterclaim.
10. Plaintiff admits the allegations contained in Paragraph 10 of the counterclaim.
11. Plaintiff admits the allegations contained in Paragraph 11 of the counterclaim.
12. Plaintiff admits the allegations contained in Paragraph 12 of the counterclaim.
13. Plaintiff admits the allegations contained in Paragraph 13 of the counterclaim.
14. Plaintiff admits the allegations contained in Paragraph 14 of the counterclaim.
15. Plaintiff admits the allegations contained in Paragraph 15 of the counterclaim:
16. Plaintiff admits the allegations contained in Paragraph 16 of the counterclaim.
17. Plaintiff denies the allegations contained in Paragraph 17 of the counterclaim.
18. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 18 of the counterclaim.
19. Paragraph 19 of the counterclaim calls for a legal conclusion. Notwithstanding that said
Paragraph 19 calls for a legal conclusion, plaintiff is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in Paragraph 19 of
the counterclaim.
20. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 20 of the counterclaim.
21. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 21 of the counterclaim.
22. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 22 of the counterclaim. -
23. Plaintiff denies the allegations contained in Paragraph 23 of the counterclaim.
24, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 24 of the counterclaim.
25. Paragraph 25 of the counterclaim calls for a legal conclusion. Notwithstanding that said
Paragraph 25 calls for a legal conclusion, plaintiff denies the allegations contained in
Paragraph 25 of the counterclaim.
26. Plaintiff admits the allegations contained in Paragraph 26 of the counterclaim.
27. Plaintiff denies the allegations contained in Paragraph 27 of the counterclaim.
28. Plaintiff denies the allegations contained in Paragraph 28 of the counterclaim.
29. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 29 of the counterclaim.
30. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 30 of the counterclaim.
31. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 31 of the counterclaim.
32. Paragraph 32 of the counterclaim calls for a legal conclusion. Notwithstanding that said
Paragraph 32 calls for a legal conclusion, plaintiff denies the allegations contained in
Paragraph 32 of the counterclaim.
33. Plaintiff denies the allegations contained in Paragraph 33 of the counterclaim.
REPLY TO COUNT I
34. Plaintiff repeats and restates its replies to Paragraph 1 through 33 above as if fully set
forth hereat.
35. Plaintiff denies the allegations contained in Paragraph 35 of the counterclaim and all
subsections thereof.
36. Plaintiff denies the allegations contained in Paragraph 36 of the counterclaim
37. Plaintiff denies the allegations contained in Paragraph 37 of the counterclaim.
38. Plaintiff denies the allegations contained in Paragraph 38 of the counterclaim
39. Plaintiff denies the allegations contained in Paragraph 39 of the counterclaim.
REPLY TO COUNT II
40. Plaintiff repeats restates its responses to Paragraphs 1 through 39 above as if fully set
forth hereat.
41. Plaintiff denies the allegations contuined in Paragraph 41 of the counterclaim.
42. Plaintiff denies the allegations contained in Paragraph 42 of the counterclaim.
43. Plaintiff denies the allegations contained in Paragraph 43 of the counterclaim.
44. Plaintiff denies the allegations contained in Paragraph 44 of the counterclaim.
45. Plaintiff denies the allegations contained in Paragraph 45 of the counterclaim.
46. Plaintiff denies the allegations contained in Paragraph 46 of the counterclaim.
REPLY TO COUNT III
47. Plaintiff repeats and restates its responses to Paragraph 1 through 46 above as if fully set
forth hereat.
48. Plaintiff denies the allegations contained in Paragraph 48 of the counterclaim.
49, Plaintiff denies the allegations contained in Paragraph 49 of the counterclaim.
50. Plaintiff denies the allegations contained in Paragraph 50 of the counterclaim.
51. Plaintiff denies the allegations contained in Paragraph 51 of the counterclaim.
52. Plaintiff denies the allegations contained in Paragraph 453 of the counterclaim.
REPLAY TO COUNT IV
53 Plaintiff repeats and restates its responses to Paragraphs | through 52 above as if fully
set forth hereat.
54, Plaintiff denies the allegations contained in Paragraph 54 of the counterclaim.
355 Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 55 of the counterclaim.
56. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 56 of the counterclaim.
357. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 57 of the counterclaim.
58 Plaintiff denies the allegations contained in Paragraph 58 of the counterclaim.
REPLY TO COUNT V
359. Plaintiff repeats and restates its responses to Paragraph 1 through 58 above as if fully set
forth hereat.
60 Plaintiff denies the allegations contained in Paragraph 60 of the counterclaim.
61 Plaintiff denies the allegations contained in Paragraph 61 of the counterclaim.
62 Plaintiff is without knowledge or information sufficient to form a belief as to the truth of
the averments contained in Paragraph 62 of the counterclaim.
63. Plaintiff denies the allegations contained in Paragraph 63 of the counterclaim.
64. Plaintiff denies the allegations contained in Paragraph 64 of the counterclaim.
65. Plaintiff denies the allegations contained in Paragraph 65 of the counterclaim.
WHEREFORE, plaintiff demands that all counts of the counterclaim be dismissed and that it be
awarded its reasonable costs and expenses 0: its defense of the counterclaim together with
reasonable attorneys’ fees, costs and expenses.
FIRST DEFENSE
Each claim in the counterclaim fails to state a claim upon which relief can be granted.
SECOND DEFENSE
Plaintiff affirmatively pleads the doctrine of waiver.
THIRD DEFENSE
Plaintiff affirmatively pleads the doctrine of estoppel.
FOURTH DEFENSE
Plaintiff affirmatively pleads that the counterclaim is barred by the equitable doctrine of unclean
hands.
FIFTH DEFENSE
Plaintiff affirmatively pleads the doctrine of laches.
SIXT DEFENSE
Plaintiff affirmatively pleads that it acted within its legal rights as prescribed by the laws of the
Commonwealth of Massachusetts and common law.
SEVENTH DEFENSE
Plaintiff affirmatively pleads that the counterclaim is wholly and substantial, frivolous and not
advanced in good faith, therefore, requests counsel fees and other costs/litigation expenses
incurred in defense of the counterclaim in accordance with M.G.L. c. 231, § 6F and Rule 11 of
the Massachusetts Rules of Civil Procedure.
EIGHTH DEFENSE
Plaintiff affirmatively reserves the right to assert additional affirmative and separate defenses
which arise following discovery and/or other actions taken within the instant litigation.
40 MEADOWBROOK LANE
REALTY, LLC
By its At
L
Je Vv) idC. Manoogian, [Esquire >
Carriage Court
149 Pleasant Street
Attleboro, MA 02703
(508)226-4000
BBO No. 318260
E-mail: dmanoog149@aol.com
August 27, 2019
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing was served
party by mail on August 27, 2019.
MANOOGIAN, Esquire
40 Meadowbrook Andress Plaintiff's Reply to Counterclaim
Document Filed Date
August 27, 2019
Case Filing Date
July 10, 2019
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4. COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. SUPERIOR COURT DEPT. CIVIL ACTION #1973CV00631 40 MEADOWBROOK LANE REALTY, LLC) Plaintiff BRISTOL. Ss supeRIOR COURT Vv. AUG 27 2019 KYLE ANDRESS AND GARY ANDRESS MARC J. SANTOS, ESQ. Defendants CLERK/MAGISTRATE PLAINTIFF’S REPLY TO COUNTERCLAIM OF KYLE ANDRESS AND GARY ANDRESS AGAINST 40 MEADOWBROOK LANE REALTY, LLC Now comes the plaintiff/defendant in counterclaim, 40 Meadowbrook Lane Realty, LLC and makes the following reply to defendants’ counterclaim dated August 20, 2019 (the “counterclaim”). 1 Plaintiff admits the allegations contained in Paragraph 1 of the counterclaim. 2 Plaintiff admits the allegations contained in Paragraph 2 of the counterclaim. Plaintiff admits the allegations contained in Paragraph 3 of the counterclaim. REPLY TO GENERAL ALLEGATIONS Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 4 of the counterclaim. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 5 of the counterclaim. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 6 of the counterclaim. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 7 of the counterclaim. 8 Plaintiff denies the allegations contained in Paragraph 8 of the counterclaim. 9 Plaintiff admits the allegations contained in Paragraph 9 of the counterclaim. 10. Plaintiff admits the allegations contained in Paragraph 10 of the counterclaim. 11. Plaintiff admits the allegations contained in Paragraph 11 of the counterclaim. 12. Plaintiff admits the allegations contained in Paragraph 12 of the counterclaim. 13. Plaintiff admits the allegations contained in Paragraph 13 of the counterclaim. 14. Plaintiff admits the allegations contained in Paragraph 14 of the counterclaim. 15. Plaintiff admits the allegations contained in Paragraph 15 of the counterclaim: 16. Plaintiff admits the allegations contained in Paragraph 16 of the counterclaim. 17. Plaintiff denies the allegations contained in Paragraph 17 of the counterclaim. 18. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 18 of the counterclaim. 19. Paragraph 19 of the counterclaim calls for a legal conclusion. Notwithstanding that said Paragraph 19 calls for a legal conclusion, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 19 of the counterclaim. 20. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 20 of the counterclaim. 21. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 21 of the counterclaim. 22. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 22 of the counterclaim. - 23. Plaintiff denies the allegations contained in Paragraph 23 of the counterclaim. 24, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 24 of the counterclaim. 25. Paragraph 25 of the counterclaim calls for a legal conclusion. Notwithstanding that said Paragraph 25 calls for a legal conclusion, plaintiff denies the allegations contained in Paragraph 25 of the counterclaim. 26. Plaintiff admits the allegations contained in Paragraph 26 of the counterclaim. 27. Plaintiff denies the allegations contained in Paragraph 27 of the counterclaim. 28. Plaintiff denies the allegations contained in Paragraph 28 of the counterclaim. 29. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 29 of the counterclaim. 30. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 30 of the counterclaim. 31. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 31 of the counterclaim. 32. Paragraph 32 of the counterclaim calls for a legal conclusion. Notwithstanding that said Paragraph 32 calls for a legal conclusion, plaintiff denies the allegations contained in Paragraph 32 of the counterclaim. 33. Plaintiff denies the allegations contained in Paragraph 33 of the counterclaim. REPLY TO COUNT I 34. Plaintiff repeats and restates its replies to Paragraph 1 through 33 above as if fully set forth hereat. 35. Plaintiff denies the allegations contained in Paragraph 35 of the counterclaim and all subsections thereof. 36. Plaintiff denies the allegations contained in Paragraph 36 of the counterclaim 37. Plaintiff denies the allegations contained in Paragraph 37 of the counterclaim. 38. Plaintiff denies the allegations contained in Paragraph 38 of the counterclaim 39. Plaintiff denies the allegations contained in Paragraph 39 of the counterclaim. REPLY TO COUNT II 40. Plaintiff repeats restates its responses to Paragraphs 1 through 39 above as if fully set forth hereat. 41. Plaintiff denies the allegations contuined in Paragraph 41 of the counterclaim. 42. Plaintiff denies the allegations contained in Paragraph 42 of the counterclaim. 43. Plaintiff denies the allegations contained in Paragraph 43 of the counterclaim. 44. Plaintiff denies the allegations contained in Paragraph 44 of the counterclaim. 45. Plaintiff denies the allegations contained in Paragraph 45 of the counterclaim. 46. Plaintiff denies the allegations contained in Paragraph 46 of the counterclaim. REPLY TO COUNT III 47. Plaintiff repeats and restates its responses to Paragraph 1 through 46 above as if fully set forth hereat. 48. Plaintiff denies the allegations contained in Paragraph 48 of the counterclaim. 49, Plaintiff denies the allegations contained in Paragraph 49 of the counterclaim. 50. Plaintiff denies the allegations contained in Paragraph 50 of the counterclaim. 51. Plaintiff denies the allegations contained in Paragraph 51 of the counterclaim. 52. Plaintiff denies the allegations contained in Paragraph 453 of the counterclaim. REPLAY TO COUNT IV 53 Plaintiff repeats and restates its responses to Paragraphs | through 52 above as if fully set forth hereat. 54, Plaintiff denies the allegations contained in Paragraph 54 of the counterclaim. 355 Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 55 of the counterclaim. 56. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 56 of the counterclaim. 357. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 57 of the counterclaim. 58 Plaintiff denies the allegations contained in Paragraph 58 of the counterclaim. REPLY TO COUNT V 359. Plaintiff repeats and restates its responses to Paragraph 1 through 58 above as if fully set forth hereat. 60 Plaintiff denies the allegations contained in Paragraph 60 of the counterclaim. 61 Plaintiff denies the allegations contained in Paragraph 61 of the counterclaim. 62 Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 62 of the counterclaim. 63. Plaintiff denies the allegations contained in Paragraph 63 of the counterclaim. 64. Plaintiff denies the allegations contained in Paragraph 64 of the counterclaim. 65. Plaintiff denies the allegations contained in Paragraph 65 of the counterclaim. WHEREFORE, plaintiff demands that all counts of the counterclaim be dismissed and that it be awarded its reasonable costs and expenses 0: its defense of the counterclaim together with reasonable attorneys’ fees, costs and expenses. FIRST DEFENSE Each claim in the counterclaim fails to state a claim upon which relief can be granted. SECOND DEFENSE Plaintiff affirmatively pleads the doctrine of waiver. THIRD DEFENSE Plaintiff affirmatively pleads the doctrine of estoppel. FOURTH DEFENSE Plaintiff affirmatively pleads that the counterclaim is barred by the equitable doctrine of unclean hands. FIFTH DEFENSE Plaintiff affirmatively pleads the doctrine of laches. SIXT DEFENSE Plaintiff affirmatively pleads that it acted within its legal rights as prescribed by the laws of the Commonwealth of Massachusetts and common law. SEVENTH DEFENSE Plaintiff affirmatively pleads that the counterclaim is wholly and substantial, frivolous and not advanced in good faith, therefore, requests counsel fees and other costs/litigation expenses incurred in defense of the counterclaim in accordance with M.G.L. c. 231, § 6F and Rule 11 of the Massachusetts Rules of Civil Procedure. EIGHTH DEFENSE Plaintiff affirmatively reserves the right to assert additional affirmative and separate defenses which arise following discovery and/or other actions taken within the instant litigation. 40 MEADOWBROOK LANE REALTY, LLC By its At L Je Vv) idC. Manoogian, [Esquire > Carriage Court 149 Pleasant Street Attleboro, MA 02703 (508)226-4000 BBO No. 318260 E-mail: dmanoog149@aol.com August 27, 2019 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was served party by mail on August 27, 2019. MANOOGIAN, Esquire 40 Meadowbrook Andress Plaintiff's Reply to Counterclaim