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 MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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MELINDA THEW COOPER,

Plaintiff,

-againstLARRY THEW; et al.,

Defendants

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REPLY TO

COUNTERCLAIMS

Civ No: 04 CV 8928 (CM)

Plaintiff Melinda Thew Cooper, by her attorneys, McCabe & Mack LLP, replying to

counterclaims of Defendants Larry Thew, John Thew, Michele Thew and Taconic 82, Inc.

herein, alleges upon information and belief as follows:

REPLY TO FIRST COUNTERCLAIM 

BY LARRY THEW AND JOHN THEW, 

AS CO-EXECUTORS OF THE ESTATE OF RICHARD THEW

1. Plaintiff denies those allegations contained in paragraphs numbered “210”,

“211”, “212” and “214” of the Counterclaim. 

REPLY TO SECOND COUNTERCLAIM

BY JOHN THEW AND LARRY THEW

2. Plaintiff denies those allegations contained in paragraphs numbered “217” and

“218” of the Counterclaim.

REPLY TO THIRD COUNTERCLAIM

BY JOHN THEW AND LARRY THEW

3. Plaintiff denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraphs numbered “219” and “220” of the

Counterclaim.

4. Plaintiff denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph numbered “221” of the Counterclaim, and

refers the Court to the policy alleged for the terms thereof.

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 MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

5. Plaintiff denies those allegations contained in paragraphs numbered “222” and

“223” of the Counterclaim.

REPLY TO FOURTH COUNTERCLAIM

BY JOHN THEW AND LARRY THEW

6. Plaintiff denies knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraphs numbered “225”, “226” and “227” of the

Counterclaim.

7. Plaintiff denies those allegations contained in paragraph numbered “228” of

the Counterclaim.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

8. Each counterclaim is barred by the applicable statute of limitations.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

9. Each counterclaim is barred by the applicable statute of frauds.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

10. The counterclaiming defendants lack standing to prosecute some or all of the

counterclaims. 

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

11. To the extent that any of the counterclaims seek equitable relief,

counterclaiming defendants are guilty of laches.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

12. By virtue of the conduct of defendants and their predecessors, Richard Thew

and/or Gerald Thew, counterclaiming defendants have waived any right to assert any rights

set forth in the counterclaims.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE

13. By virtue of the conduct of defendants and their predecessors, Richard Thew

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and/or Gerald Thew, counterclaiming defendants are estopped from pursuing the asserted

counterclaims.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE

14. By virtue of the conduct of defendants and their predecessors, Richard Thew

and/or Gerald Thew, counterclaiming defendants lack clean hands and are therefore barred

from asserting the counterclaims set forth in their Counterclaim. 

AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE

15. The counterclaims fail to set forth claims upon which relief may be granted.

WHEREFORE, Plaintiff demands that all of the counterclaims be dismissed with costs

and disbursements with prejudice, and for such and other relief as this Court deems just and

proper.

DATED: Poughkeepsie, New York

May 11, 2007 Yours, etc.

McCABE & MACK LLP

By: /s/ Richard R. DuVall 

RICHARD R. DuVALL (8967)

Attorneys for Plaintiff

63 Washington Street, P.O. Box 509

Poughkeepsie, NY 12602-0509

Tel: (845) 486-6800

TO: Kurzman, Eisenberg, Corbin & Lever

Attorneys for Larry Thew and John Thew

One North Broadway

White Plains, NY 10601

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Defendant Reed Smith, LLP, pro se

599 Lexington Avenue

New York, NY 10022-7650

Thomas Halley, Esq.

Attorney for Defendants O’Hare, Curry and Carson

80 Washington Street

Poughkeepsie, NY 12601

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