Answer Ahmed

8/9/2019 Answer Ahmed

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STATE OF NEW YORKSUPREME COURT : COUNTY OF ERIE

__________________________________________

PHILLIP A. DELMONT, as Administrator

for the Estate of WILLIAM A. DELMONT,

Plaintiff,

v.

SOUTH PARK AVE. PROPERTIES, LLC,G. STEVEN PIGEON,JOHN F. O’DONNELL, JR., andSADEQ S. AHMED,

Defendants. __________________________________________

ANSWER TO COMPLAINT

Index No.: 811246/2014

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.





4.

Admits the allegation contained in paragraph numbered 4 of the

complaint.

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

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

ILED: ERIE COUNTY CLERK 02/09/2015 04:15 PM INDEX NO. 811246/

YSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/09/



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


consists of conclusions of law to which no response is required and refers to the document

for its terms.


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

complaint.

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

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

complaint.

14. Denies all other allegations not admitted above.



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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. Plaintiff’s 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.

Answer Ahmed

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