Leeba Merritt Lawsuit Answer

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X---------------------------------------------------------------------------X RICHARD MERRITT, Plaintiff, -- against
 – 
 
VERIFIED
 
ANSWER WITH AFFIRMATIVE DEFENSES AND COUNTERCLAIM
Index No. 14-20704 KENNETH N. WYNDER, as President of the LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION, KENNETH N. WYNDER, Individually, and LAW ENFORCEMENT
EMPLOYEES BENEVOLENT ASSOCIATION (“LEEBA”)
 Defendants. X----------------------------------------------------------------------------X Defendant, KENNETH N. WYNDER, as President of the Law Enforcement Employees Benevolent Association, and the LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION
(“LEEBA”)
, by their attorney Joseph F. Buono, as and for his Answer to the
Verified Complaint (“Complaint”) of the plaintiff herein, respectfully alleges
as follows: 1.
 
Deny the allegations set forth in paragraph “1” of the Complaint, except admit that
 plaintiff was and still is an attorney admitted to practice law in the State of New York. 2.
 
Admit the allegations set forth in paragraph “2” of the Complaint, except denie
s the characterization of deriving substantial revenue. 3.
 
Admit the allegation set forth in paragraph “3” of the Complaint, but more correctly
asserts that LEEBA is a domestic not-for-profit corporation.
 
4.
 
With respect to the allegations in paragraph “4” of the Complaint deny that Wynder
appointed himself president but admit remainder of the paragraph. 5.
 
Admit the allegations in paragraph “5” of the Complaint.
 6.
 
Admit the allegations in paragraph “6” of th
e Complaint. 7.
 
Admit
the allegations in paragraph “7” of the Complaint solely as they relate to
defendant LEEBA and Kenneth N. Wynder as president of LEEBA. 8.
 
Deny the allegations in paragraph “8” of the Complaint since it calls for a legal
conclusion. 9.
 
D
eny the allegations in paragraph “9” of the Complaint since it calls for a legal
conclusion. 10.
 
Deny knowledge or information sufficient to form a belief as to the allegations in
 paragraph “10” of the Complaint.
 11.
 
Admit
the allegations in paragraph “11” of 
 the Complaint solely as they relate to defendant LEEBA and Kenneth N. Wynder as president of LEEBA. 12.
 
With respect to the allegations in paragraph “12” of the Complaint
admit sub-paragraph
“a”; admit sub
-
 paragraph “b” to the extent that plaintiff represen
ted a member in one disciplinary case for LEEBA but denies plaintiff represented members in grievances proceedings; deny sub-
 paragraph “c” to the extent that it is not specific as to the services alleged to have been provided,
deny sub-
 paragraphs “d” and “e” in their
entirety. Deny characterization of plaintiff being
“hired” by defendants.
13.
 
Deny the allegations in paragraph “13” of the Complaint to the extent it uses the word “vigorously” and draws a legal conclusion with regard to the remainder of the a
llegation. 14.
 
Deny the allegations in paragraph “14” of the Complaint to the extent that
 plaintiff was not the exclusive attorney representing defendants.
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15.
 
Deny the allegations in paragraph “15” of the Complaint but admit that LEEBA
collected membership dues out of payroll deductions from designated members of the City of  New York Department of Environmental Protection from October 2005 to the present and from designated members of the Sea Gate Police Department from 2007 to 2011. 16.
 
Deny the allegations in
 paragraph “16” of the Complaint
to the extent it refers to the $3,000.00/month payments as installments and deny that defendants entered into an installment agreement with plaintiff. Admit that plaintiff was compensated for his services as counsel at an agreed retainer rate of $3,000.00/month. Deny that defendants were supplied office space to conduct business. 17.
 
Deny the allegations in paragraph “17” of the Complaint
 that the $3,000.00/month  payments were installment payments. Deny that defendants agreed to pay plaintiff for additional legal work over a threshold period of legal work performed. Admit that plaintiff was paid monthly retainer payments of $3,000.00 which were increased in February 2007 to $3,500.00/month. Deny that plaintiff was last paid in May 2014. Deny that defendants owe a large unpaid balance to plaintiff. 18.
 
Admit the allegations in paragraph “18” of the Complaint.
 19.
 
Admit the allegation in paragraph “19” of the Complaint to the extent that LEEBA has a
By-laws and Constitution.
AS
TO PLAINTIFF’S FIRST CAUSE OF ACTION
 
20.
 
In response to paragraph “20” of the
Complaint Defendants repeat and reallege each and
every response to paragraphs “1” through “19” of the Complaint.
 21.
 
Deny the allegations in paragraph “21” of the Complaint as the
y do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 22.
 
Deny the allegations in paragraph “22” of the Complaint as they do not pertain to the
corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA.
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23.
 
Deny the allegations in paragraph “23” of the Complaint
 as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 24.
 
Deny the allegations in paragraph “24” of the Com
 plaint as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 25.
 
Deny the allegations contained in
 paragraph “25” of the Complaint as they do not
 pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 26.
 
Deny
the allegations contained in paragraph “26” of the Complaint
 as they do not  pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 27.
 
Deny
the allegations contained in paragraph “27” of the Complaint
 as they do not  pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 28.
 
Deny the allegations
contained in paragraph “28” of the Complaint
 as they do not  pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 29.
 
Deny the allegations in paragraph “29” of the Complaint
 as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 30.
 
Deny the allegations in paragraph “30” of the Complaint
 as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 31.
 
Deny the allegations in paragraph “31” of the Complaint
as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 32.
 
Deny
the allegations in paragraph “32” of the Complaint
as they do not pertain to the corporate defendant LEEBA or Kenneth N. Wynder in his capacity as president of LEEBA. 33.
 
Deny the allegations in paragraph “33” of the Complaint.
 
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