Free Response - District Court of Connecticut - Connecticut

Case 3:03-cv-01013-SRU

Document 71

Filed 12/08/2004

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARSHALL AVIATION, LLC VS. AIG AVIATION, INC. , THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, MJ AVIATION, LLC, LJ AVIATION, LLC, and LOUIS PUGLIESE, JR. : : : : : : : : : CIVIL ACTION NO. 303CV1013 (SRU)

DECEMBER 3, 2004

PLAINTIFF'S SPECIAL DEFENSES TO COUNTERCLAIM AND AMENDED REPLY TO DEFENDANTS MJ AVIATION, LLC AND LOUIS PUGLIESE, JR.'S AFFIRMATIVE DEFENSES AND COUNTERCLAIM PLAINTIFF'S SPECIAL DEFENSES TO COUNTERCLAIM: FIRST AFFIRMATIVE DEFENSE: The Counterclaim Plaintiffs fail to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE: The Counterclaim Plaintiffs claim for relief is barred under the doctrine of unclean hands. REPLY TO SPECIAL DEFENSES: FIRST AFFIRMATIVE DEFENSE: Denied.

Case 3:03-cv-01013-SRU

Document 71

Filed 12/08/2004

Page 2 of 4

SECOND AFFIRMATIVE DEFENSE: Denied. THIRD AFFIRMATIVE DEFENSE: Denied. REPLY TO COUNTERCLAIM 1. As to the allegations contained in Paragraph 1, the Plaintiff/Counterclaim

Defendant is without knowledge or information thereof sufficient to form a belief as to the truth of said allegations and, therefore, leaves the Defendants/Counterclaim Plaintiffs to its proof. 2. The Plaintiff/Counterclaim Defendant admits that it alleged in its Complaint that a

reverse polarity condition damaged the aircraft's electronics and avionics and leaves the Defendants/Counterclaim Plaintiffs to their proof on the remainder. 3. 4. 5. The allegations contained in Paragraph 3 are denied. The allegations contained in Paragraph 4 are admitted. As to the allegations contained in Paragraph 5, the Plaintiff/Counterclaim

Defendant is without knowledge or information thereof sufficient to form a belief as to the truth of said allegations and, therefore, leaves the Defendants/Counterclaim Plaintiffs to its proof.

2

Case 3:03-cv-01013-SRU

Document 71

Filed 12/08/2004

Page 3 of 4

6.

As to the allegations contained in Paragraph 6, the Plaintiff/Counterclaim

Defendant is without knowledge or information thereof sufficient to form a belief as to the truth of said allegations and, therefore, leaves the Defendants/Counterclaim Plaintiffs to its proof. 7. As to the allegations contained in Paragraph 7, the Plaintiff/Counterclaim

Defendant is without knowledge or information thereof sufficient to form a belief as to the truth of said allegations and, therefore, leaves the Defendants/Counterclaim Plaintiffs to its proof. 8. The allegations contained in Paragraph 8 are denied. PLAINTIFF/COUNTERCLAIM DEFENDANT MARSHALL AVIATION, LLC

ROBERT J. O'BRIEN JONATHAN E. SNYDER Gordon, Muir and Foley, LLP 10 Columbus Boulevard Hartford, CT 06106 (860) 525-5361 Federal Bar No. ct05489 Federal Bar No. ct22572 Email: ro'[email protected] Email: [email protected]

3

Case 3:03-cv-01013-SRU

Document 71

Filed 12/08/2004

Page 4 of 4

CERTIFICATION

I hereby certify that a copy of the foregoing was mailed, first class, postage prepaid mail, on December 3, 2004, to:

Steven R. Arnold, Esq. Stanger & Arnold, LLP 29 South Main Street, Suite 325 West Hartford, CT 06107 Eric P. Smith, Esq. Lynch, Traub, Keefe & Errante, P.C. 52 Trumbull Street P.O. Box 1612 New Haven, CT 06506-1612 Richard J. Kenny, Esq. Kenny, O'Keefe & Usseglio, PC 21 Oak Street, #208 Hartford, CT 06106-8002

JONATHAN E. SNYDER

::ODMA\PCDOCS\DOCS\380148\1

4