INDEX NO.

811246/2014

FILED: ERIE COUNTY CLERK 02/09/2015 04:15 PM

NYSCEF DOC. NO. 42

RECEIVED NYSCEF: 02/09/2015

STATE OF NEW YORK

SUPREME COURT : COUNTY OF ERIE
__________________________________________
PHILLIP A. DELMONT, as Administrator
for the Estate of WILLIAM A. DELMONT,
Plaintiff,
ANSWER TO COMPLAINT

v.
SOUTH PARK AVE. PROPERTIES, LLC,
G. STEVEN PIGEON,
JOHN F. ODONNELL, JR., and
SADEQ S. AHMED,

Index No.: 811246/2014

Defendants.
__________________________________________
Defendant, Sadeq S. Ahmed, by his attorneys, Phillips Lytle LLP, answering
the complaint of plaintiff, Phillip A. Delmont, as Administrator of the Estate of William A.
Delmont (Plaintiff), upon information and belief:
1.

Denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph numbered 1 of the complaint.

2.

Denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph numbered 2 of the complaint.

3.

Denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph numbered 3 of the complaint.

4.

Admits the allegation contained in paragraph numbered 4 of the

5.

In response to paragraph 5 of the complaint, states that such paragraph

complaint.

consists of conclusions of law to which no response is required.

6.

In response to paragraph 6 of the complaint, states that such paragraph

consists of conclusions of law to which no response is required.

7.

In response to paragraph 7 of the complaint, states that such paragraph

consists of conclusions of law to which no response is required and refers to the document
for its terms.
8.

In response to paragraph 8 of the complaint, states that such paragraph

consists of conclusions of law to which no response is required and refers to the document
for its terms.
9.

Denies the allegations contained in paragraph numbered 9 of the

10.

Denies knowledge and information sufficient to form a belief as to the

complaint.

truth of the allegations contained in paragraph numbered 10 of the complaint except

admits that he signed a guaranty dated as of October 22, 2010 and refers to the guaranty for
its terms.
11.

In response to paragraph 11 of the complaint, states that such

paragraph consists of conclusions of law to which no response is required.

12.

In response to paragraph 12 of the complaint, states that such

paragraph consists of conclusions of law to which no response is required.

13.

Denies the allegations contained in paragraph numbered 13 of the

14.

Denies all other allegations not admitted above.

complaint.

-2-

FIRST DEFENSE
15.

The complaint fails to state a cause of action.

SECOND DEFENSE

16.

Plaintiff has failed to mitigate its alleged damages, if any.

THIRD DEFENSE

17.

Plaintiffs claim is barred by the doctrines of waiver, estoppel, laches,

unclean hands and/or failure of consideration.

FOURTH DEFENSE
18.

Plaintiff has no legal capacity to sue for the claims alleged in the

complaint.
FIFTH DEFENSE
19.

Plaintiff is not the real party in interest concerning the claims alleged

in the complaint.
SIXTH DEFENSE
20.

Plaintiff has failed to comply with one or more conditions precedent.

SEVENTH DEFENSE

21.

The defendants were released from any liability resulting from the

claim alleged in the complaint.

EIGHTH DEFENSE
22.

The damages alleged in the complaint, if any, were, or with reasonable

certainty will be, satisfied in whole or in part by collateral sources.

-3-