3 Defendant admits the allegations contained in paragraphs 1 2 3 4 5 6 9 10 11

3 defendant admits the allegations contained in

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3. Defendant admits the allegations contained in paragraphs 1, 2, 3, 4, 5, 6, 9, 10, 11, 12 and 23 of the Verified Complaint. 4. Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 8 of the Verified Complaint, except admits that the defendant was hired as plaintiff’s treasurer with a $12,000 annual stipend. MORNINGSIDE HEIGHTS BOOSTER CLUB, INC., Plaintiff, -against- CASEY CHEATHAM, Defendant.
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68-R Revised 1/9/15 5. Defendant denied knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 13 of the Verified Complaint, except admits that the defendant was directed by Peyton Pearson to gather the proceeds of ride ticket sales and games of chance at the end of each day of the fun fair and await instructions as to how to deposit or disburse the funds. 6. Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 14 of the Verified Complaint, except admits that the defendant has a Face Space page and that the defendant posted on his page information regarding recent purchases including a sports car and swimming pool. 7. Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 15 of the Verified Complaint, except that the defendant denies that he gambled to excess at the Shoreline Downs horse racing track. 8. Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs 16, 18, 19 and 20 of the Verified Complaint. 9. Defendant denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 17 of the Verified Complaint, except admits that Alex Aldrich came to defendant’s home and that Aldrich may have observed some money on a table in defendant’s home. 10. Defendant repeats and reiterates each and every admission and/or denial as if more fully set forth herein in response to paragraph 22 of the Verified Complaint. FIRST AFFIRMATIVE DEFENSE 11. The Verified Complaint fails to state a cause of action upon which relief may be granted as the plaintiff has not demonstrated a specific identifiable piece of property over which the defendant has exercised control nor has the plaintiff sufficiently pled the necessary intent to exercise control over the allegedly converted property.
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69 11/19/14 SECOND AFFIRMATIVE DEFENSE Plaintiff has not made a demand for the property that Defendant has allegedly converted, and therefore may not pursue a conversion claim. WHEREFORE, Defendant demands judgment dismissing the Verified Complaint, together with the costs and disbursements of this action.
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  • Spring '17
  • mrs callman
  • attorney, new york state

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