Leeba Merritt Lawsuit Answer

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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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.
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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 denies 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 the 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.
Deny 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 represented a member in one disciplinary
case for LEEBA but denies plaintiff represented members in grievances proceedings; deny subparagraph 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 allegation.
14. Deny the allegations in paragraph 14 of the Complaint to the extent that plaintiff was
not the exclusive attorney representing defendants.
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 PLAINTIFFS 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 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.
LEEBA.
LEEBA.
LEEBA.
33. Deny the allegations in paragraph 33 of the Complaint.

38. Admit the allegations in paragraph 38 of the Complaint except deny knowledge or
information sufficient to form a belief as to the characterization that NYC and Local 300
vigorously opposed LEEBAs representation petition.
39. Admit the allegations in paragraph 39 of the Complaint to the extent that it is alleged
hearings were held at some point in time to determine if EPO members could be removed from
Local 300 representation.
Deny that defendants agreed to pay plaintiff $300.00/hour for
representation. Deny knowledge or information sufficient to form a belief as to the remainder of

the paragraph.
40. Admit the allegations in paragraph 40 of the Complaint to the extent that LEEBA won
the representation election, was certified by OCB and entitled to dues check-off.
Deny
defendants made installment payments to plaintiff in the amount of $3,000.00/month and

further deny the characterization of those payments as installment payments but admit plaintiff
received $3,000.00/month retainer payments.
AS TO PLAINTIFFS SECOND CAUSE OF ACTION
every response to all prior paragraphs of the Complaint.
42. Admit the allegations in paragraph 42 of the Complaint to the extent that this was
work for which plaintiff was compensated as part of his then $3,000.00/month retainer. Deny
being billed $900.00. Deny knowledge or information sufficient to form a belief as to the
amount of legal hours required.
43. Admit the allegations in paragraph 43 of the Complaint to the extent that collective
bargaining negotiation sessions were scheduled and that plaintiffs legal services were required
under the terms of his $3,000.00/month retainer.
45. Deny the allegations in paragraph 45 of the Complaint. Deny any agreement to
compensate plaintiff at a rate of $300.00/hour. Deny knowledge or information sufficient to
form a belief as to the remainder of the allegations.
48. Admit the allegations in paragraph 48 of the Complaint to the extent that there were
eight (8) negotiation sessions, none of which lasted longer than five (5) hours. Deny the
remainder of the allegations in paragraph 48 to the extent that it is inferred plaintiff was
entitled to compensation from defendant for the legal work performed. Deny knowledge and
information sufficient to form a belief as to the amount of hours plaintiff alleges to have
expended on the matter.
49. Admit the allegations in paragraph 49 of the Complaint to the extent that plaintiff had
a monthly retainer payment increased from $3,000.00/month to $3,500.00/month. Deny the
characterization of these payments as installment payments.
AS TO PLAINTIFFS THIRD CAUSE OF ACTION
54. Deny knowledge or information to form a belief as to the allegations in paragraph 54

of the Complaint without more specificity as to a date and location.
55. Admit the allegations in paragraph 55 of the Complaint to the extent that plaintiff
represented LEEBA at several contract negotiations for Brinks guards while being paid
according to his monthly retainer. Otherwise, deny knowledge or information to form a belief as
to the allegations in paragraph 55 of the Complaint without more specificity as to dates and
locations.
paragraph 56 of the Complaint regarding time expended. Deny the inference that plaintiff was
entitled to a $300.00/hour fee or that there was an agreement to said fee.
57. Deny the allegations in paragraph 57 of the Complaint that defendants continued to
pay plaintiff $3,500.00/month payment as an installment payment.
Admit that plaintiff
continued to receive a $3,500.00/month retainer fee.

AS TO PLAINTIFFS FOURTH CAUSE OF ACTION
64. Admit the allegations in paragraph 64 of the Complaint except deny knowledge or
information sufficient to form a belief as to the allegations that Proskauer & Rose, LLC never
lost an impasse proceeding for the City of New York.

AS TO PLAINTIFFS FIFTH CAUSE OF ACTION
paragraph 69 of the Complaint since it calls for a legal conclusion.
paragraph 74 of the Complaint relating to the number of hours of legal time plaintiff expended.
Deny that $46,200.00 is owed to plaintiff for the legal work and deny that the monthly $3,500.00
payment was an installment payment to plaintiff.
AS TO PLAINTIFFS SIXTH CAUSE OF ACTION
75.
In response to paragraph 75 of the Complaint Defendants repeat and reallege each
and every response to all prior paragraphs of the Complaint.

77. Admit the allegations in paragraph 77 of the Complaint to the extent that OCB
accepted the petition filed by LEEBA but held a decision in abeyance. Deny that defendants
instructed plaintiff to file an Article 78 petition.

paragraph 78 of the Complaint which calls for a legal conclusion.
83. Admit the allegations in paragraph 83 of the Complaint to the extent that LEEBA
filed several petitions to represent Health and Hospital Police (HHP). Deny that defendants
requested plaintiff file an Article 78 petition.
87. Deny the allegations in paragraph 87 [sic 83] of the Complaint.1
AS AND FOR PLAINTIFFS SEVENTH CAUSE OF ACTION
88. In response to paragraph 88 [sic 84] of the Complaint Defendants repeat and
reallege each and every response to all prior paragraphs of the Complaint.
89. Admit the allegations in paragraph 89 [sic 85] of the Complaint.
91. Admit the allegations in paragraph 91 [sic 87] of the Complaint, except deny
knowledge or information sufficient to form a belief as to the assertion that plaintiff competed
Plaintiffs Verified Complaint is misnumbered after paragraph 86. Defendant has numbered his Answer according
to the correct paragraph numbers for the Verified Complaint, but has marked, in brackets, the paragraph numbers as
they appear in the Verified Complaint.
against a well staffed NYC legal department. Deny knowledge or information sufficient to
form a belief as to the number of hours plaintiff allegedly expended on the matter.
paragraph 92 [sic 88] of the Complaint.
93. Deny the allegations in paragraph 93 [sic 89] of the Complaint to the extent that
Kenneth N. Wynder instructed plaintiff to represent Joseph Andreani. Deny knowledge or
information sufficient to form a belief as to the remaining allegations.
paragraph 94 [sic 90] of the Complaint as to plaintiffs standard charge. Deny that there is any
amount owed to plaintiff for legal work performed for Joseph Andreani. Admit that plaintiff was
paid $3,500.00/month retainer but deny characterization of the payment as an installment
payment.
AS AND FOR PLAINTIFFS EIGHTH CAUSE OF ACTION
95.
In response to paragraph 95 [sic 91] of the Complaint Defendants repeat and
LEEBA declined to pay. Admit that the impasse arbitrator Viani submitted a bill for $24,000.00.
97. Admit the allegations in paragraph 97 [sic 93] of the Complaint to the extent that
Viani commenced a lawsuit against LEEBA and that Kenneth N. Wynder in his capacity as
president of LEEBA instructed plaintiff, as LEEBA counsel, to respond to the lawsuit.
99. Admit the allegations in paragraph 99 [sic 95] of the Complaint to the extent that
plaintiff obtained a settlement in the amount of $18,000.00 and that Kenneth N. Wynder signed a
stipulation of settlement in his capacity as president of LEEBA. Deny the remainder of the
allegations.
AS AND FOR PLAINTIFFS NINTH CAUSE OF ACTION

100. In response to paragraph 100 [sic 96] of the Complaint Defendants repeat and
paragraph 101 [sic 97] of the Complaint.

Kenneth N. Wynder instructed plaintiff to prepare answers to petitions. Deny knowledge or
information sufficient to form a belief as to the allegations in the remainder of the paragraph.
paragraph 103 [sic 99] of the Complaint as to the amount of legal time plaintiff expended.
Deny that plaintiff was owed $3,500.00 in legal fees but admit that in June 2014 plaintiffs
services as counsel to LEEBA was terminated.
it characterizes the monthly $3,500.00 paid to plaintiff as an installment payment. Deny that the
retainer payment of $3,500.00 was made up to May 2014. Admit that plaintiff was paid a
monthly retainer of $3,500.00/month up to and including the month of June 2014.
AS AND FOR PLAINTIFFS TENTH CAUSE OF ACTION
105.
106.
Admit the allegations contained in paragraph 106 [sic 102] of the Complaint.
107.
Deny knowledge or information sufficient to form a belief as to the allegations
contained in paragraph 107 [sic 103] of the Complaint.

108.
109.
110.
Admit the allegations contained in paragraph 110 [sic 106] of the Complaint
only to the extent that plaintiff submitted a brief.

111.
112.
113. Deny knowledge or information sufficient to form a belief as to the allegations

114.
Deny the allegations contained in paragraph 114 [sic 110] of the Complaint.
AS AND FOR PLAINTIFFS ELEVENTH CAUSE OF ACTION
115.
116.
contained in paragraph 116 [sic 112] of the Complaint as to the date of a conversation with
plaintiff by Kenneth Wynder.
117.
118.
119.

120.
121.

122.

123.
124.

125.

126.

127.
128.

129.
130.
Deny the allegations contained in paragraph 130 [sic 129] of the Complaint.2
AS AND FOR PLAINTIFFS TWELFTH CAUSE OF ACTION
131.
132.
133.
134.

135.
contained in the first sentence of paragraph 135 [sic 134] of the Complaint. Deny the
allegations contained in the second sentence of the paragraph.
The paragraph numbers on the Verified Complaint sequentially change from 125 on page 26 to 129 on page 27
but are correctly reflect above, respectively, as 129 and 130 in their proper sequential order.
136.
contained in paragraph 136 [sic 135] of the Complaint regarding the amount of time plaintiff
expended in the representation.
Deny that defendants owe legal fees to plaintiff for the
representation.
AS AND FOR PLAINTIFFS THIRTEENTH CAUSE OF ACTION
137.
reallege each and every response to all prior paragraphs of the Complaint.3
138.
Admit the allegations in paragraph 138 [sic 139] of the Complaint.
139.
Deny the allegations in paragraph 139 [sic 140] of the Complaint to the extent
that it is claimed defendants agreed to pay plaintiff to represent EPOs in the lawsuit. Admit that
EPOs signed a retainer with plaintiff in order for him to represent them in a lawsuit.
140.
Deny knowledge or information sufficient to form a belief as to the allegations in
paragraph 140 [sic 141] of the Complaint regarding the hours plaintiff worked. Deny the
allegations to the extent that it is alleged the plaintiff is owed money by the defendants.
141.
Deny the allegations in paragraph 141 [sic 142] of the Complaint.

AS AND FOR PLAINTIFFS FOURTEENTH CAUSE OF ACTION
142.
143.
Deny the allegations in paragraph 143 [sic 144] of the Complaint.
144.
Deny knowledge or information sufficient to form a belief as to the allegations in
paragraph 144 [sic 145] of the Complaint as to hours plaintiff alleges to have worked.
3
Plaintiffs Verified Complaint on page 28 changes the sequence of the paragraph number from 135 to 138,
however the correct paragraph sequence is reflected above as 136 and 137.
Deny that defendants had plaintiff undertake any work in relation to this alleged representation
petition.
145.
Deny the allegations contained in paragraph 145 [sic 146] of the Complaint in
that there is a general denial that any money is owed to plaintiff and a specific denial that
plaintiff undertook any alleged work regarding this allegation.
AS AND FOR PLAINTIFFS FIFTEENTH CAUSE OF ACTION
146.
147.
Deny the allegations in paragraph 147 [sic 148] of the Complaint to the extent
that plaintiff is owed money or that his fee remains unpaid. Deny knowledge or information to
form a belief as to the allegations that plaintiff represented two officers without more specificity
as to a date and location. Deny knowledge or information sufficient to form a belief as to the
allegations of time expended in the matter(s).
AS AND FOR PLAINTIFFS SIXTEENTH CAUSE OF ACTION
148.
149.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
150.
Plaintiffs Causes of action against defendants are barred by the relevant Statutes of
Limitations.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
151.
granted.
The Complaint fails to state a claim against defendants upon which relief can be
AS AND FOR A THIRD AFFIRMATIVE DEFENSE

152.
Any damages that the plaintiff alleges he sustained were caused in whole or in part
by his own culpable conduct.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
153.
Plaintiffs claims are barred by the Statute of Frauds.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
154.
Plaintiffs claim has been settled by an accord and satisfaction.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
155.
Plaintiff has committed acts of professional malpractice which preclude his recovery
against defendants.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
156.
Plaintiff was paid in full for his legal services from 2005-2007 pursuant to a
$3,000.00/month retainer ($36,000.00/year), which was subsequently increased to a

$3,500.00/month retainer fee ($42,000.00/year) until June 2014.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
157.
Plaintiffs claim improperly attempts to collect damages based on contractual
relationships with other persons upon which plaintiff failed to or was unable to collect payment.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
158.
Plaintiff violated the requirements of 22 NYCRR Part 1215 mandating a letter of
engagement for any representation wherein the fee is over $3,000.00. As a result plaintiff is in
violation of the Code of Professional Responsibility and Rules of Professional Conduct which
adversely reflect upon his fitness as a lawyer.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE

159.
Plaintiffs alleged time expended on the various legal matters contained in the
Verified Complaint was excessive and outside the standards of practice within the legal
community.
AS AND FOR A COUNTERCLAIM BY DEFENDANT
LAW ENFORCEMENT EMPLOYEES BENEVOLENT ASSOCIATION
160.
This counterclaim is an allegation of professional malpractice against Richard Jacob
Merritt--an attorney admitted to practice in the State of New York since 1982, attorney
registration number 1758648--based on his representation of defendant-plaintiff Law
Enforcement Employees Benevolent Association (hereinafter LEEBA).
161.
That at the times herein mentioned, Law Enforcement Employees Benevolent
Association was a domestic not-for-profit corporation organized under the laws of the State of
New York with offices at 277 Main Street, Catskill, New York 12414.
162.
That plaintiff-defendant Richard Merritt, upon information and belief, resides in
Florida and maintains a business address at 2 Birs Avenue, Lindenhurst, New York 11757,
within the County of Suffolk.
163.
This Court has personal jurisdiction over plaintiff-defendant based on his presence
in the state as an attorney practicing in Suffolk County.

164.
This Court has subject matter jurisdiction over this action by virtue of 22 NYCRR
1200 and other relevant laws of the State of New York.

165.
Richard Merritt was retained by LEEBA in October 2005 to provide legal
representation to the organization on a monthly retainer basis of $3,000.00. This amount was
increased, at the request of Merritt, to $3,500.00/month beginning in February 2007. Since
February 2007 LEEBA paid to Merritt $42,000.00/year for his legal services when needed.
166.
As part of his monthly retainer agreement Merritt was paid each month whether or
not he performed work for LEEBA.

167.
On or about February 21, 2014 a lawsuit against LEEBA was filed in Suffolk County
Supreme Court by Al Viani for $24,000.00 in fees allegedly owed to him as a result of impasse
arbitration in the City of New York. LEEBA disputed the amount of fees owed and instructed
Merritt to respond to the lawsuit.
168.
As part of his legal duties for the $3,500.00/month retainer Merritt represented
LEEBA in the lawsuit filed in Suffolk County Supreme Court as Alan Viani v. Law Enforcement
Employees Benevolent Association, Inc., Index No. 013271/2014.
169.
On March 17, 2014 during a hearing at the Brooklyn offices of the New York State
Public Employee Relations Board (hereinafter PERB) Merritt represented LEEBA in its bid to
represent peace officers employed by the City University of New York (hereinafter CUNY).
170.
During the course of the hearing at PERB Merritt disagreed with LEEBA board
member Peter Lucks decision to withdraw the pending petition and re-file at a later date to
include other CUNY peace officer titles in the petition.
171.
Merritt refused to follow the wishes of his client LEEBA and walked out of PERB
on LEEBA after Luck asked that the petition be withdrawn.

172.
On or about April 17, 2014 the case of Alan Viani v. Law Enforcement Employees
Benevolent Association, Inc. was settled for $18,000.00. A stipulation of settlement was entered
into and LEEBA began to make payments to Viani pursuant to the stipulation agreement.
173.
LEEBA made all payments to Viani under the stipulation of settlement including
what was believed to be a last payment on August 12, 2014. However, LEEBA still owed a final
$3,000.00 on the settlement amount.
174. On July 7, 2014 Merritt represented LEEBA at a contract negotiation session at the
City of New York Office of Labor Relations (hereinafter OLR). The contract negotiations
were for Department of Environmental Protection (hereinafter DEP) police officers.
175. During a break in the negotiation session a meeting was held among the LEEBA
board members and delegates to decide the next step in negotiations. A vote was taken to reschedule another negotiation session and return with a formal proposal for OLR.
176. Merritt was vocal in his disagreement with the vote taken and proceeded to become
agitated and berate union president Kenneth N. Wynder and other members assembled by
alleging they did not know what they were doing and had made a mistake months earlier when
they signed a Memorandum of Agreement (MOA) to resolve part of the contract dispute.
176.
Merritt proceeded to gather his belongings and walk out of the room after telling
those assembled in the room that they were on their own.

177.
LEEBA was still in the middle of its negotiation session and had to return to the
negotiation table after the break with Merritt visibly absent.

178.
On July 21, 2014 a vote of the LEEBA board of directors was taken in which it was
decided to end the use of the legal services of Merritt. His retainer payments were ended as of
July 2014 and a letter was sent to him advising of LEEBAs decision to end its relationship with
him.
179.
On September 19, 2014 a facsimile letter was sent to Merritt by Robert Goldhaber,
Esq., of Rosenthal & Goldhaber, PC, (hereinafter Goldhaber) attorney for Al Viani, advising
that LEEBA was in default of its obligation to pay under the terms of the stipulation of
settlement. The letter further provided an opportunity to cure the default within five (5) days,
otherwise legal action would be commenced against LEEBA.
180.
Merritt never responded to the Goldhaber letter nor did he notify LEEBA of its
receipt.
AS AND FOR A FIRST CAUSE OF ACTION IN THE COUNTERCLAIM
181.
LEEBA repeats and realleges each and every allegation contained in paragraphs
160-180 as if fully set forth herein.

182.
As a result of LEEBA not being aware of the default notice Goldhaber filed a
restraining notice for garnishment with LEEBAs banker, First Niagara Bank in Catskill, New
York, to enforce the stipulation of settlement. Pursuant to the garnishment notice and the terms
of the stipulation of settlement LEEBA had to pay in excess of $2,000.00 for legal costs and the
balance of the full amount requested under the originally filed lawsuit in addition to the
remaining $3,000.00 payment. The new balance owed was $11,806.38 which resulted from
Merritts failure to respond to Goldhaber or to notify LEEBA.
183.
As a result of the restraining notice file with First Niagara Bank LEEBAs account
was on hold and all checks written were returned as non-payable.
This resulted in over
$7,000.00 of checks covering LEEBA members health benefits being returned and LEEBA
incurring bank penalties.
184.
LEEBA was unable to access its account for three (3) days until the lien was released
after negotiations with Goldhaber and the establishment of a new payment schedule for the
$11,806.38.
185. Merritt failed to adhere to the Code of Professional Responsibility as it relates to
attorney competence (Rules 1.1(a), 1.1(c)(1)(2), 1.1(e), 1.3(a)(b)(c), 1.4(a)(1)(iii), 1.4(a)(3),
1.16(e)) and thereby prejudiced the rights of his former client LEEBA.
186. As a result of Merritts professional misconduct LEEBA has been damaged in the
amount of $8,806.38, additional bank fees and associated costs.
WHEREFORE, defendant respectfully requests that this Court grant judgment providing
the following relief:
(a)
Dismissing the Summons and Verified Complaint in its entirety, and each and
every Cause of Action set forth therein;

(b)
The costs and disbursements of this action;
(c)
Judgment on the Counter-claim in the amount of $8,806.38 plus additional
expenses for associated costs and legal fees;

(d)
Punitive damages as this Court as to the Court seems just and proper;
(e)
Together with such other relief as to the Court seems just and proper.
Dated: Poughkeepsie, New York

December 1, 2014
_____________________________
Joseph F. Buono
Attorney for Defendants Kenneth N. Wynder,
sued as president of LEEBA, and Law
Enforcement Employees Benevolent Assoc.
Mailing Address:
Post Office Box 709
Poughkeepsie, NY 12602
Office Addresses:
55 Market Street
Poughkeepsie, NY 12601
Tel. No. (914) 200-4365
E-Mail BUONOLAW@GMAIL.COM
VERIFICATION
STATE OF NEW YORK
}
} ss.:
COUNTY OF DUTCHESS }
KENNETH N. WYNDER, being duly sworn, deposes and says:

I am a defendant in the within action; I have read and know the contents of the foregoing
Verified Answer with Affirmative Defenses; and the same is true to my knowledge, except as to
the matters therein stated to be alleged on information and belief; and as to those matters, I
believe it to be true.
________________________
KENNETH N. WYNDER
Sworn to before me this
____ day of December 2014.
__________________________
Notary Public
VERIFICATION
STATE OF NEW YORK
}
} ss.:
COUNTY OF DUTCHESS }
KENNETH N. WYNDER, being duly sworn, deposes and says:

I am the President of the LAW ENFORCEMENT EMPLOYEES BENEVOLENT
ASSOCIATION (LEEBA), a defendant in the within action; as an officer of the corporation I
have read and know the contents of the foregoing Verified Answer with Affirmative Defenses;
and the same is true to my knowledge, except as to the matters therein stated to be alleged on
information and belief; and as to those matters, I believe it to be true.
________________________
KENNETH N. WYNDER
Sworn to before me this
____ day of December 2014.
__________________________
Notary Public

Leeba Merritt Lawsuit Answer

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SUPREME COURT OF THE STATE OF NEW YORK

Defendant, KENNETH N. WYNDER, as President of the Law Enforcement Employees

appointed himself president but admit remainder of the paragraph.

Admit the allegations in paragraph 5 of the Complaint.

Admit the allegations in paragraph 6 of the Complaint.

Admit the allegations in paragraph 7 of the Complaint solely as they relate to

defendant LEEBA and Kenneth N. Wynder as president of LEEBA.

34. Deny the allegations in paragraph 34 of the Complaint.

Deny that defendants agreed to pay plaintiff $300.00/hour for

representation. Deny knowledge or information sufficient to form a belief as to the remainder of

defendants made installment payments to plaintiff in the amount of $3,000.00/month and

54. Deny knowledge or information to form a belief as to the allegations in paragraph 54

Admit that plaintiff

continued to receive a $3,500.00/month retainer fee.

65. Deny knowledge or information sufficient to form a belief as to the allegations in

In response to paragraph 75 of the Complaint Defendants repeat and reallege each

and every response to all prior paragraphs of the Complaint.

78. Deny knowledge or information sufficient to form a belief as to the allegations in

In response to paragraph 95 [sic 91] of the Complaint Defendants repeat and

AS AND FOR PLAINTIFFS NINTH CAUSE OF ACTION

paragraph 101 [sic 97] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 107 [sic 103] of the Complaint.

only to the extent that plaintiff submitted a brief.

113. Deny knowledge or information sufficient to form a belief as to the allegations

Deny knowledge or information sufficient to form a belief as to the allegations

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 119 [sic 115] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 121 [sic 117] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 122 [sic 118] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 123 [sic 119] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 124 [sic 120] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 125 [sic 121] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 126 [sic 122] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 128 [sic 124] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

contained in paragraph 134 [sic 133] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations

Deny knowledge or information sufficient to form a belief as to the allegations

Deny that defendants owe legal fees to plaintiff for the

Admit the allegations in paragraph 138 [sic 139] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations in

Deny the allegations in paragraph 141 [sic 142] of the Complaint.

Deny the allegations in paragraph 143 [sic 144] of the Complaint.

Deny knowledge or information sufficient to form a belief as to the allegations in

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

by his own culpable conduct.

Plaintiffs claims are barred by the Statute of Frauds.

Plaintiffs claim has been settled by an accord and satisfaction.

$3,000.00/month retainer ($36,000.00/year), which was subsequently increased to a

Plaintiffs claim improperly attempts to collect damages based on contractual

Plaintiff violated the requirements of 22 NYCRR Part 1215 mandating a letter of

AS AND FOR A TENTH AFFIRMATIVE DEFENSE

This counterclaim is an allegation of professional malpractice against Richard Jacob

That at the times herein mentioned, Law Enforcement Employees Benevolent

That plaintiff-defendant Richard Merritt, upon information and belief, resides in

in the state as an attorney practicing in Suffolk County.