On February 08, 2021 a
Answer
was filed
involving a dispute between
Midland Credit Management Inc.,
and
Katrina A Morabito
A K A Katrina Morabito,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
-------------------------------------------------------------x
Midland Credit Management, Inc.,
Index No. 2021-5030
Plaintiff,
- against - VERIFIED ANSWER
Katrina Morabito,
Defendant.
-------------------------------------------------------------x
Defendant, Katrina Morabito, appearing by and through her attorneys, Legal Assistance of
Western New York, Inc., Adrianna Anderson, of counsel, hereby interposes the following
answer to this proceeding.
1. Defendant generally denies the allegations contained in the Complaint.
2. Based on the allegations contained in the Complaint, Plaintiff’s causes of action appear to
be for three separate alleged credit card accounts.
3. Defendant generally denies owing anything to the Plaintiff for these three alleged
accounts.
FIRST AFFIRMATIVE DEFENSE
4. Upon information and belief, Plaintiff Midland Credit Management, Inc. is a third-party
debt collector and cannot provide sufficient admissible evidence of proof of the alleged
assignments by the original creditors for all three accounts.
5. Upon information and belief, Defendant does not have a business relationship with the
Plaintiff.
1 of 3
FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021
6. Due to the reasons set forth above, Plaintiff lacks standing to bring this case on all three
accounts.
SECOND AFFIRMATIVE DEFENSE
7. Upon information and belief, Plaintiff Midland Credit Management cannot provide
sufficient admissible evidence of proof of the alleged amount of debt in dispute for all
three accounts.
8. Upon information and belief, Defendant disputes the amounts allegedly owed for each
alleged account.
9. Due to the reasons set forth above, Plaintiff cannot obtain a judgment based on the
alleged amount stated.
THIRD AFFIRMATIVE DEFENSE
10. Upon information and belief, the statute of limitations has expired for these three separate
alleged debts.
OTHER INFORMATION
11. As Defendant has filed a Verified Answer, Defendant demands that all further responses
and pleadings be verified by the parties per CPLR § 3020.
12. Defendant requests discovery on the disputed allegations in this case and reserves the
right to amend her defenses and add any potential counterclaims.
DATED: Rochester, NY
March 3, 2021 ____________________________________
Legal Assistance of Western New York, Inc.
Attorneys for Defendant, Katrina Morabito
Adrianna Anderson, of counsel
1 West Main Street, Suite 400
Rochester, NY 14614
aanderson@lawny.org
(585) 504-2180
2 of 3
FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021
VERIFICATION
State ofNew York, County of Yates ss.:
Katrina Morabito, being duly sworn, deposes and says: I am the Defendant in this proceeding. I
have read the Verified Answer and know the contents to be true from my own knowledge, except
as to those matters stated on information and belief, and as to those matters, I believe them to be
true.
f/!;lzuA A l1tlf2 a ); lo
atrina Morabito
Sworn to before me this - ~ - - day
ofMarch 2021
8i:J.,_,,
\Nt-J r,.AR!E OLNEY 4~17311 Lj 5 I'1341.\-
'i:.:. Ste..tcef:-., York
3 of 3
Document Filed Date
March 08, 2021
Case Filing Date
February 08, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES -------------------------------------------------------------x Midland Credit Management, Inc., Index No. 2021-5030 Plaintiff, - against - VERIFIED ANSWER Katrina Morabito, Defendant. -------------------------------------------------------------x Defendant, Katrina Morabito, appearing by and through her attorneys, Legal Assistance of Western New York, Inc., Adrianna Anderson, of counsel, hereby interposes the following answer to this proceeding. 1. Defendant generally denies the allegations contained in the Complaint. 2. Based on the allegations contained in the Complaint, Plaintiff’s causes of action appear to be for three separate alleged credit card accounts. 3. Defendant generally denies owing anything to the Plaintiff for these three alleged accounts. FIRST AFFIRMATIVE DEFENSE 4. Upon information and belief, Plaintiff Midland Credit Management, Inc. is a third-party debt collector and cannot provide sufficient admissible evidence of proof of the alleged assignments by the original creditors for all three accounts. 5. Upon information and belief, Defendant does not have a business relationship with the Plaintiff. 1 of 3 FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021 6. Due to the reasons set forth above, Plaintiff lacks standing to bring this case on all three accounts. SECOND AFFIRMATIVE DEFENSE 7. Upon information and belief, Plaintiff Midland Credit Management cannot provide sufficient admissible evidence of proof of the alleged amount of debt in dispute for all three accounts. 8. Upon information and belief, Defendant disputes the amounts allegedly owed for each alleged account. 9. Due to the reasons set forth above, Plaintiff cannot obtain a judgment based on the alleged amount stated. THIRD AFFIRMATIVE DEFENSE 10. Upon information and belief, the statute of limitations has expired for these three separate alleged debts. OTHER INFORMATION 11. As Defendant has filed a Verified Answer, Defendant demands that all further responses and pleadings be verified by the parties per CPLR § 3020. 12. Defendant requests discovery on the disputed allegations in this case and reserves the right to amend her defenses and add any potential counterclaims. DATED: Rochester, NY March 3, 2021 ____________________________________ Legal Assistance of Western New York, Inc. Attorneys for Defendant, Katrina Morabito Adrianna Anderson, of counsel 1 West Main Street, Suite 400 Rochester, NY 14614 aanderson@lawny.org (585) 504-2180 2 of 3 FILED: YATES COUNTY CLERK 03/08/2021 03:29 PM INDEX NO. 2021-5030 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/08/2021 VERIFICATION State ofNew York, County of Yates ss.: Katrina Morabito, being duly sworn, deposes and says: I am the Defendant in this proceeding. I have read the Verified Answer and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. f/!;lzuA A l1tlf2 a ); lo atrina Morabito Sworn to before me this - ~ - - day ofMarch 2021 8i:J.,_,, \Nt-J r,.AR!E OLNEY 4~17311 Lj 5 I'1341.\- 'i:.:. Ste..tcef:-., York 3 of 3