Free Answer to Amended Complaint - District Court of Connecticut - Connecticut

Case 3:00-cv-01043-JCH

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT __________________________________________ : NITOR V. EGBARIN, :CASE NO. 3:00 CV 01043 (JCH) AND JANET J. EGBARIN : Plaintiffs, : : v. : : LEWIS, LEWIS & FERRARO LLC, : SCOTT F. LEWIS, CLAUDE J. PICARD : AND PAULINE M. PICARD : Defendants. : MAY 16, 2005 _________________________________________ : ANSWER OF DEFENDANTS CLAUDE J. PICARD AND PAULINE M. PICARD TO PLAINTIFF'S FIRST AMENDED COMPLAINT I. PRELIMINARY STATEMENT 1. With regard to the allegations contained within Paragraph One of

the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

II. JURISDICTION AND VENUE 2-5. With regard to the allegations contained within Paragraphs Two

through Five of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

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III. PARTIES 6-9. With regard to the allegations contained within Paragraphs Six

through Nine of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

10-11.

Paragraphs Ten and Eleven are denied.

IV. FACTS 12. Paragraph Twelve is denied as stated but it is admitted that the

parties signed an agreement dated 9/18/1992.

13-14.

Paragraphs Thirteen and Fourteen are denied as stated. The

document speaks for itself.

15-19.

Paragraphs Fifteen through Nineteen are denied.

20.

With regard to the allegations contained within Paragraph Twenty

of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

21-24.

Paragraphs Twenty-One through Twenty-Four are denied.

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25-26.

With regard to the allegations contained within Paragraphs

Twenty-Five and Twenty-Six of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

27-28.

Paragraphs Twenty-Seven and Twenty-Eight are denied as stated.

The Sanborn appraisal speaks for itself.

29.

Paragraph Twenty-Nine is denied.

30.

Paragraph Thirty is denied as stated. It is admitted that the

Defendant built the property without an end customer in line.

31.

Paragraph Thirty-One is denied as stated. It is admitted that the

real estate market was in a downturn in 1991.

32.

Paragraph Thirty-Two is admitted.

33-41.

Paragraphs Thirty-Three through Forty-One are denied.

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42.

With regard to the allegations contained within Paragraph Forty-

Two of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

43.

Paragraph Forty-Three is denied.

44-45.

With regard to the allegations contained within Paragraphs Forty-

Four and Forty-Five of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

46-47.

Paragraphs Forty-Six and Forty-Seven are denied.

48-50.

Paragraphs Forty-Eight through Fifty are admitted.

51.

With regard to the allegations contained within Paragraph Fifty-

One of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

52-54.

Paragraphs Fifty-Two through Fifty-Four are denied.

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55.

With regard to the allegations contained within Paragraph Fifty-

Five of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

56-60.

Paragraphs Fifty-Six through Sixty are denied.

61-64.

Paragraphs Sixty-One through Sixty-Four are denied as stated.

The HUD-1 document speaks for itself.

65.

Paragraph Sixty-Five is denied as stated. The first payment was

not due until the following January.

66.

Paragraph Sixty-Six is admitted.

67-68.

Paragraphs Sixty-Seven and Sixty Eight are denied as stated. Any

affidavit executed by the defendants in other actions speaks for itself.

69-70.

Paragraphs Sixty-Nine and Seventy are denied.

71.

Paragraph Seventy-One is denied as stated. Any legitimate

transcript of the court proceeding in Superior Court speaks for itself.

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72.

Paragraph Seventy-Two is denied.

73.

Paragraph Seventy-Three is admitted.

74-75.

Paragraphs Seventy-Four and Seventy-Five are denied.

76-78.

With regard to the allegations contained within Paragraphs

Seventy-Six through Seventy-Eight of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

79-93.

Paragraphs Seventy-Nine through Ninety-Three are denied.

94-95.

Paragraphs Ninety-Four and Ninety-Five are denied as stated. The

entire decision of Judge Berger in Superior Court speaks for itself.

96.

Paragraph Ninety-Six is denied.

97.

With regard to the allegations contained within Paragraph Ninety-

Seven of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

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V. CLAIMS FIRST CLAIM: RICO, Racketeering Influenced Corrupt Organization 98. The answers to paragraphs One through Ninety-Seven inclusive

are hereby made answers to Paragraph Ninety-Eight as if more fully set forth herein.

99.

With regard to the allegations contained within Paragraph Ninety-

Nine of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

100-148. are denied.

Paragraphs One Hundred through One Hundred and Forty-Eight

SECOND CLAIM: FDCPA, Fair Debt Collection Practices Act 149. The answers to paragraphs One through Ninety-Seven and One

Hundred and Two through One Hundred and Thirty-Nine inclusive are hereby made answers to Paragraph One Hundred and Forty-Nine as if more fully set forth herein.

150-155. Fifty-Five are denied.

Paragraphs One Hundred and Fifty through One Hundred and

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THIRD CLAIM: Fraud 156. The answers to paragraphs One through Ninety-Seven and One

Hundred and Two through One Hundred and Thirty-Nine inclusive are hereby made answers to Paragraph One Hundred and Fifty-Six as if more fully set forth herein.

157.

With regard to the allegations contained within Paragraph One

Hundred and Fifty-Seven of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

158-161.

Paragraphs One Hundred and Fifty-Eight through One Hundred

and Sixty-One are denied.

FOURTH CLAIM: Intentional Infliction of Emotional Distress 162. The answers to paragraphs One through Ninety-Seven inclusive

are hereby made answers to Paragraph One Hundred and Sixty-Two as if more fully set forth herein.

163.

With regard to the allegations contained within Paragraph One

Hundred and Sixty-Three of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

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164-165. Sixty-Five are denied.

Paragraphs One Hundred and Sixty-Four and One Hundred and

FIFTH CLAIM: Negligent Infliction of Emotional Distress 166. The answers to paragraphs One through Ninety-Seven inclusive

are hereby made answers to Paragraph One Hundred and Sixty-Six as if more fully set forth herein.

167.

With regard to the allegations contained within Paragraph One

Hundred and Sixty-Seven of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

168-169.

Paragraphs One Hundred and Sixty-Eight and One Hundred and

Sixty-Nine are denied.

SIXTH CLAIM: Tortious Interference with Business Expectancy 170. The answers to paragraphs One through Ninety-Seven and One

Hundred and Two through One Hundred and Thirty-Nine inclusive are hereby made answers to Paragraph One Hundred and Seventy as if more fully set forth herein.

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171.

With regard to the allegations contained within Paragraph One

Hundred and Seventy-One of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

172-175.

Paragraphs One Hundred and Seventy-Two through One Hundred

and Seventy-Five are denied.

SEVENTH CLAIM: CUPTA, Connecticut Unfair Trade Practices Act 176. The answers to paragraphs One through Ninety-Seven and One

Hundred and Two through One Hundred and Thirty-Nine inclusive are hereby made answers to Paragraph One Hundred and Seventy-Six as if more fully set forth herein.

177.

With regard to the allegations contained within Paragraph One

Hundred and Seventy-Seven of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

178-179.

Paragraphs One Hundred and Seventy-Eight and One Hundred and

Seventy-Nine are denied.

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180.

With regard to the allegations contained within Paragraph One

Hundred and Eighty of the Plaintiff's Amended Complaint, the Defendant has insufficient knowledge or information upon which to form a belief and therefore leaves the Plaintiffs to their burden of proof.

181-183.

Paragraphs One Hundred and Eighty-One through One Hundred

and Eighty-Three are denied.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE The claims asserted by the plaintiffs are barred by the applicable statutes of limitations as to each and every count of the complaint.

SECOND AFFIRMATIVE DEFENSE The allegations of the plaintiff's complaint as to each and every count of the complaint fail to state claims upon which relief can be granted.

THIRD AFFIRMATIVE DEFENSE The claims asserted by the plaintiffs in each and every count of the complaint are barred by the doctrine of res judicata.

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FOURTH AFFIRMATIVE DEFENSE The claims of the plaintiffs in each and every count of the complaint are barred by the doctrine of collateral estoppel.

FIFTH AFFIRMATIVE DEFENSE Some or all of allegations in each and every count of the complaint are barred by the doctrine of absolute privilege and/or conditional privilege.

DEFENDANTS, CLAUDE J. AND PAULINE M. PICARD

By:________________________________ Joseph V. Meaney, Jr Cranmore, FitzGerald & Meaney 49 Wethersfield Avenue Hartford, CT 06114-1102 Tel: (860) 522-9100 Federal Bar No. CT 04315

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CERTIFICATION This is to certify that a copy of the foregoing was mailed, first-class mail, postage pre-paid, on this 16th day of May, 2005.

Nitor V. Egbarin and Janet J. Egbarin P.O. Box 230421 Hartford, CT 06123-0421 Nitor V. Egbarin and Janet J. Egbarin 28 Ely Place Simsbury, CT 06070 Thomas J. Hagarty, Esq. Halloran & Sage Goodwin Square Hartford, CT 06103

BY:___________________________ JOSEPH V. MEANEY, JR. Cranmore, FitzGerald & Meaney

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