FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
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`RECEIVED NYSCEF: 02/09/2022
`
`SUPREME COURT FOR THE STATE OF NEW YORK
`COUNTY OF GREENE
`________________________________________________
`
`CAVALRY SPV I, LLC
`
`ANSWER
`
`Plaintiff,
`
`Index No. EF2022-3
`
` vs.
`
`ANNA MARTIN,
`
` Defendant.
`________________________________________________
`
`Defendant, ANNA MARTIN, by and through her attorneys, Law Offices of Robert S.
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`Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the
`
`Plaintiff’s Complaint, states the following upon information and belief:
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`AS TO THE FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
`
`1.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
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`falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on
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`that basis.
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`2.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
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`falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on
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`that basis.
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`3.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
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`falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations on
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`that basis.
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`4.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
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`falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on
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`that basis.
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`1 of 6
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`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
`SUPREME COURT FOR THE STATE OF NEW YORK
`COUNTY OF GREENE
`________________________________________________
`
`CAVALRY SPV I, LLC
`
`ANSWER
`
`Plaintiff,
`
`Index No. EF2022-3
`
` vs.
`
`ANNA MARTIN,
`
` Defendant.
`________________________________________________
`
`Defendant, ANNA MARTIN, by and through her attorneys, Law Offices of Robert S.
`
`Gitmeid & Assoc., PLLC, without waiving any affirmative defenses, as and for an Answer to the
`
`Plaintiff’s Complaint, states the following upon information and belief:
`
`AS TO THE FIRST CAUSE OF ACTION (BREACH OF CONTRACT)
`
`1.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 1 and, therefore, DENIES the allegations on
`
`that basis.
`
`2.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 2 and, therefore, DENIES the allegations on
`
`that basis.
`
`3.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 3 and, therefore, DENIES the allegations on
`
`that basis.
`
`4.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 4 and, therefore, DENIES the allegations on
`
`that basis.
`
`1 of 6
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`
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`FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
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`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
`5.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 5 and, therefore, DENIES the allegations on
`
`that basis.
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`6.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 6 and, therefore, DENIES the allegations on
`
`that basis.
`
`7.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 7 and, therefore, DENIES the allegations on
`
`that basis.
`
`8.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 8 and, therefore, DENIES the allegations on
`
`that basis.
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`AS TO THE SECOND CAUSE OF ACTION (ACCOUNT STATED)
`
`9.
`
`Paragraph 9 does not contain any allegations which require a response; to the extent that it
`
`does contain allegations requiring a response, however, Defendant DENIES them.
`
`10. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 10 and, therefore, DENIES the allegations
`
`on that basis.
`
`11. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 11 and, therefore, DENIES the allegations
`
`on that basis.
`
`12.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 12 and, therefore, DENIES the allegations
`
`on that basis.
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`2 of 6
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`FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
`
`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
`13.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations set forth in Paragraph 13 and, therefore, DENIES the allegations
`
`on that basis.
`
`
`
`AFFIRMATIVE DEFENSES
`
`
`
`First Affirmative Defense
`
` The Complaint fails to state a claim against Defendant upon which relief can be granted.
`
`
`
`Second Affirmative Defense
`
` Defendant denies the amounts claimed by Plaintiff and the remaining allegations.
`
`Defendant demands that Plaintiff verifies the alleged debt and provides a detailed accounting of
`
`all alleged purchases, charges, credits, offsets and payments to the alleged account.
`
`
`
`Third Affirmative Defense
`
` Defendant alleges that the amounts claimed by Plaintiff are inflated to include improper
`
`charges and late payment fees inappropriately charged by Plaintiff. The Defendant submits that
`
`these charges created an unconscionable contract and that allowing Plaintiff to collect these
`
`amounts would be inequitable and against public policy.
`
`
`
`Fourth Affirmative Defense
`
` Defendant contends that Plaintiff charged excessive interest, late fees and penalties. As a
`
`result of the excessive amounts charged by Plaintiff, Defendant is unable to reduce the debt,
`
`making performance of any obligation impossible.
`
`
`
`
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`3 of 6
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`FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
`
`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
` This action is barred by the statute of limitations.
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`Fifth Affirmative Defense
`
`
`
`Sixth Affirmative Defense
`
` Plaintiff’s claims are barred by estoppel, unclean hands, and waiver.
`
`
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`Seventh Affirmative Defense
`
` Defendant did not breach any duty or obligation allegedly owed to Plaintiff.
`
`
`
`Eighth Affirmative Defense
`
` Plaintiff’s claims are barred by its failure to satisfy all conditions precedent.
`
`
`
`Ninth Affirmative Defense
`
` Plaintiff failed, refused and/or neglected to take reasonable steps to mitigate Plaintiff’s
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`damages, if any, thus barring or diminishing any recovery by Plaintiff against Defendants.
`
`
`
`Tenth Affirmative Defense
`
` Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692f(1) and
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`other relevant state and federal statutes, from collecting any interest and any amount unless it is
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`expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has
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`failed to attach proper documentation to verify such interest is permitted under the applicable rules.
`
`
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`Eleventh Affirmative Defense
`
`Defendant reserves the right to assert additional defenses as discovery progresses.
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`4 of 6
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`FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
`PRAYER FOR RELIEF
`
`WHEREFORE, the Defendant prays for relief from this Honorable Court as follows:
`
`A.
`
`B.
`
`C.
`
`D.
`
`That the Plaintiff takes nothing by way of this Complaint,
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`To dismiss the Complaint with prejudice based upon the admissions, denials, and
`defenses as alleged herein,
`
`To award the Defendant’s costs, and
`
`To award the Defendant such other and further relief as this Court deems just and
`equitable.
`
` Respectfully Submitted,
`
` ______________________
` Louis Greco, Esq.
`Attorney for the Defendant
`Law Offices of Robert S. Gitmeid
`& Assoc., PLLC
`180 Maiden Lane, 27th Floor
`New York, NY 10038
`Tel: (212) 226-5081
`Fax: (212) 208-2591
`
`TO: CLERK
` STATE OF NEW YORK
`SUPREME COURT COUNTY OF GREENE
`
`CC: CHRISTOPHER P. LANGLOIS, ESQ.
`GIRVIN & FERLAZZO
`Attorneys for Plaintiff
`20 Corporate Woods Boulevard
`Albany, NY 12211
`Tel. (518) 462-0300
`
`5 of 6
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`FILED: GREENE COUNTY CLERK 02/09/2022 02:36 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. EF2022-3
`
`RECEIVED NYSCEF: 02/09/2022
`
`VERIFICATION BY ATTORNEY
`
`STATE OF NEW YORK )
` ) ss.:
`COUNTY OF NEW YORK )
`
` I, LOUIS GRECO, an attorney duly admitted to practice law in the State of New York,
`
`hereby affirm under penalty of perjury:
`
`I am an attorney associated with The Law Offices of Robert S. Gitmeid & Associates,
`
`PLLC, attorneys for ANNA MARTIN, the defendant in the foregoing matter, with an office
`
`located at 180 Maiden Lane, 27th Floor, New York, New York, 10038. I have read the foregoing
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`Answer and know the contents thereof, and that the same is true to my own knowledge, except as
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`to the matters therein stated to be alleged upon information and belief, and that as to those matters
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`I believe them to be true.
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`The reason why this verification is made by deponent instead of Defendant is because
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`Defendant is not within the County of New York which is the county where the deponent has his
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`office.
`
`Dated: February 9, 2022
`New York, New York
`
`Law Offices of Robert S. Gitmeid
`& Assoc., PLLC
`
`By: __________________
`Attorney for Defendant(s)
`Law Offices of Robert S. Gitmeid
`& Assoc., PLLC
`180 Maiden Lane, 27th Floor
`New York, NY 10038
`Tel: (212) 226-5081
`Fax: (212) 208-2591
`
`6 of 6
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