Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-01052-DJS

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Filed 02/03/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ********************************* EMMANUEL SMITH * * Plaintiff * V. * * FLEET BANK * * Defendant * ********************************* CIVIL ACTION NO: 3:03-CV-1052 (DJS)

FEBRUARY 2, 2005

ANSWER AND SPECIAL DEFENSES A. PARTIES 1. With regard to Paragraph 1, Defendant does not have sufficient information on which

to base a response and therefore leaves Plaintiff to his proof. 2. With regard to Paragraph 2, Defendant admits that Fleet National Bank is a

corporation authorized to do business in Connecticut and having offices in Bridgeport, Connecticut. With regard to the rest of said Paragraph 2, Defendant does not have sufficient information on which to base a response and therefore leaves Plaintiff to his proof. B. JURISDICTION 1-2. With regard to Paragraphs 1 and 2, Defendant does not have sufficient information on

which to base a response and therefore leaves Plaintiff to his proof.

Case 3:03-cv-01052-DJS

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C.

NATURE OF THE CASE Defendant denies all of the factual allegations directed to Defendant. With regard to the rest

of the factual allegations in this section of the Complaint, Defendant does not have sufficient information on which to base a response and therefore leaves Plaintiff to his proof. D. CAUSE OF ACTION Defendant denies all of the factual allegations directed to Defendant. With regard to the rest of the factual allegations in this section of the Complaint, Defendant does not have sufficient information on which to base a response and therefore leaves Plaintiff to his proof. E. PREVIOUS LAWSUITS AND ADMINISTRATIVE RELIEF 1-3. With regard to Paragraphs 1 through 3, Defendant does not have sufficient

information on which to base a response and therefore leaves Plaintiff to his proof. F. PREVIOUSLY DISMISSED ACTIONS OR APPEALS 1-2. With regard to Paragraphs 1 through 2, Defendant does not have sufficient

information on which to base a response and therefore leaves Plaintiff to his proof. FIRST SPECIAL DEFENSE Plaintiff's Complaint fails to state a claim upon which relief can be granted.

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SECOND SPECIAL DEFENSE The right of action for the cause stated in the Complaint did not accrue within three years next before the commencement of this action. This action is therefore barred under Connecticut General Statutes Section 52-577. DEFENDANT, FLEET BANK

By______________________________ Gerald L. Garlick, Esq. of Krasow, Garlick & Hadley, LLC One State Street Hartford, CT 06103 Telephone: (860) 549-7100 Facsimile: (860) 728-1651 Email: [email protected] Federal Bar No ct05627

CERTIFICATION

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Case 3:03-cv-01052-DJS

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I hereby certify that a copy of the foregoing was mailed this 2nd day of February, 2005 to the following Pro Se Plaintiff: Mr. Emmanuel Smith Inmate No. 232549 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 ____________________________ Gerald L. Garlick

000233/00054/lib002/23367.1

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