Preview
FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF MADISON
VIRGINA MANN and
THOMAS CULHANE, SUMMONS
Plaintiffs,
v. INDEX NO.
R NO.
TONYA E. GILLMORE and, JUDGE
PHILLIP S. MONTANO
Defendants.
TO THE ABOVE NAMED DEFENDANT:
Plaintiffs'
You are hereby summoned and required to serve upon attorney, at the address
state below, an answer to the attached Complaint.
Complaint"
The object of this action is "see attached
If this Summons was personally served upon you in the State of New York, the Answer
must be served within twenty days after such service of the Summons, excluding the date of
service. If this Summons was not personally delivered to you with in the State of New York, the
Answer must be served with thirty days after the service of the Summons is complete as
provided by law.
If you do not serve an Answer to the attached complain within the applicable time
limitation state above, a judgment may be entered against you, by default, for the relief
demanded in the complaint, without further notice to you.
The action will be heard in the Supreme Court of the State of New York, in and for the
County of Oswego.
This action is brought in the County of Madison, State of New York because of the
location of the real property which is the subject to this action.
DATED: Chittenango, NY
August 20, 2022 PERRY L , FF E
By: E . Perry, Esq.
Attor y for the Plaintiff
216 Genesee Street
Chittenango, New York 13037
315-510-3187
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STATE OF NEW YORK
SUPREME COURT COUNTY OF MADISON
VIRGINA MANN and
THOMAS CULHANE, COMPLAINT
Plaintiffs,
v. INDEX NO.
RJI NO.
TONYA E. GILLMORE and, JUDGE
PHILLIP S. MONTANO
Defendants.
Plaintiffs Virginia Mann and Thomas Culhane (the Plaintiffs") by and through
their attorney the Perry Law Office for a complaint against Tonya E. Gillmore and Phillip
S. Montano (the "Defendants") respectfully state as follows:
1. Plaintiff, Virginia Mann, is an individual with a residence in the County of
Madison, State of New York.
2. Plaintiff, Thomas Culhane, is an individual with a residence in the County
of Onondaga, State of New York.
3. Defendants are both individuals with a residence in the County of
Onondaga, State of New York.
4. The Plaintiff Virginia Mann is the owner of a certain investment property
located at 602 Warren Street, Chittenango, New York 13037.
5. The Plaintiff, Thomas Culhane, is the son of Virginia Mann who had
entered into an agreement to lease the subject property from his mother on or
about August 23, 2019.
6. On or about October 15, 2021, Thomas Culhane, entered into an agreement to
sub-let his month to month tenancy to the Defendant, Tanya Gillmore.
7. The subsequent lease from Thomas Culhane to Tanya Gillmore was approved by
the owner of the property and Plaintiff herein, Virginia Mann.
8. On or about January 2022, the Defendant, Tanya Gillmore, moved her significant
other into the property without notice to either of the Plaintiffs and Defendant,
Gillmore, then thereafter obtained a large dog, also without the permission from
either of the Plaintiffs.
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9. When the Plaintiff sub-let his tenancy to the Defendant, Tanya Gillmore, he lefta
number of items behind in the garage and basement for storage.
10. Plaintiff, Thomas Culhane also left his TV and wall mount, dinning table with
chairs, and air conditioners for the Defendant to use while she was renting the
property.
11. Plaintiff, Virgina Mann, as owner of the property served upon the Defendants a
30 day notice to vacate the property.
12. After the Defendants were served they became adversarial towards the Plaintiffs
and the property.
13. On May 26, 2022, a summary proceeding to evict the tenants was heard before
Hon. Judge Sudal and a Warrant of Eviction was issued to the Defendants.
14. On or about, June 27, 2022, the Madison County Sheriff's Office executed the
Warrant and the Defendants vacated the property.
15. Prior to the Defendants taking possession of the property on October 15, 2021, the
was in pristine condition. The Plaintiffs had the hardwood floors re-
property
surfaced and every room had been freshly painted.
16. Once the Plaintiff's were permitted to enter the property after the Warrant was
executed, itwas discovered that the Defendants had damaged the property.
17. Upon information and belief, the Defendants put holes in several of the walls,
they removed allof the smoke alarms and carbon monoxide detectors, they
removed the doorbell, damaged the doors, and storm doors and they leftmost of
their furniture and garbage behind and destroyed the hard wood floors and trim.
18. Plaintiff's also discovered that the Plaintiff's personal property was taken by the
Defendants, including but not limited to his TV and wall mount, dinning set, tools
"A"
and other items he had left on the property. See Exhibit for a complete listof
items that were removed from the property.
19. Additionally, the Defendants failed to pay rent, for May 2022 and June 2022 in
the amount of $2,400.00.
FOR A FIRST CAUSE OF ACTION
CONVERSION
20. Plaintiffs repeat and realleges paragraphs one through nineteen above
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as if fully set forth herein.
21. Plaintiff had various personal property items at the Property. A listof the
"B"
personal property in question is attached hereto as Exhibit (the "personal
property"). The Personal Property is the sole property of the Plaintiff.
22. The Defendants have no right, titleor interest to the property. The
interest of the Plaintiffs in and to the personal property is superior to that of the
Defendants in all respects.
23. The Defendants continues to interfere with the interests of the Plaintiffs in
and to the personal property.
24. The interference of the Defendants with Plaintiff's property is knowing and
intentional.
25. The retention and use of the property causes considerable and ongoing
monetary damages to the Plaintiffs.
26. Plaintiffs are entitled to judgment against the Defendants for the value of the
Personal Property in the amount of $5,000.00 or as proof may show at trialalong
with the costs and disbursements of this action including reasonable attorney's fees
and punitive damages.
FOR A SECOND CAUSE OF
ACTION: REPELVIN
27. Plaintiffs repeat and reallege paragraphs one through twenty-six as set
forth above.
28. Plaintiffs are entitled to the Personal Property.
29. The Plaintiffs are entitled to immediate possession of the Personal Property and
an order of seizure pursuant to CPLR 7102.
30. Plaintiffs have performed all of their duties to the Defendants. The rights of the
Plaintiffs in and to the personal property are superior in every way.
31. The continued damages caused by the Defendant's wrongful withholding of
the personal property may not be measurable by monetary damages alone.
32. Plaintiffs are entitled to a judgment of replevin of the property along with
monetary damages, the costs and disbursements of this action and reasonable attorney's
fees as may be shown at trial.
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FOR A FOURTH CAUSE OF ACTION QUANTUM MERUIT
33. Plaintiffs repeat and reallege paragraphs one through thirty-two above as if fully set
forth herein.
34. Plaintiffs rented the property to the Defendant, Gillmore, for $1,200.00 per month.
35. Plaintiffs provided a safe environment for the Defendants to reside and continued to
be responsible for the municipal expenses for the property.
36. The Defendants received the benefit of the same for the months of May 2022 and
June 2022 without compensation to the Plaintiffs.
37. Plaintiffs are entitled to the rent for the months of May 2022 and June 2022 that the
Defendants failed to pay in an amount of $2,400.00 or as proof may show at trial.
FOR A FORTH CAUSE OF ACTION
WILLFUL DISTRUCTION OF PROPERY
38. Plaintiffs repeat and reallege paragraphs one through thirty-sseven above as if fully
set forth herein.
39. Defendants rented and occupied the Plaintiffs property and had a duty to care for the
property during their lease period.
40. During the Defendant's rental tenancy, they caused significant damage to the
property including but not limited to putting holes in the walls, destroying the
hardwood floor and damaging appliances.
41. Plaintiffs are entitled to be reimbursed for the damage the Defendants caused in the
amount of $7,000.00 or as proof may show at trial.
WHEREFORE, the Plaintiffs demand judgment:
a. Judgment against the Defendants in the amount of $15,000.00 or as proof may
show at trial;and/or
b. Replevin of the Personal Property; and,
c. Such other and further relief as the court finds just and proper including
the costs and disbursements of this action and reasonable attorney's fees.
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Dated: August 11, 2022
Edward sq.
Perry Firm
Attorney for Plaintiffs
Office and P.O. Address
216 Genesee Street
Chittenango, New York 13037
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VERIFICATION
STATE OF NEW YORK)
COUNTY OF MADISON )
VIRGINIA MANN, being duly sworn, deposes and says: I am the Plaintiff in this proceeding. I
have read the foregoing Summons and Complaint and known the contents thereof. The same are
true to my knowledge, except as to matters therein stated to be alleged on information and belief,
and as to those matters, I believe them to be true.
Virgini ann
Sworn to before me this 11th day
of August, 2022.
Notary Public
USAA. DIRINGER
Notary State
Public, of NewYork
No.01DIS061591
QualifiedinMadisonC
Comm. ExpiresJune 17
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FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022
VERIFICATION
STATE OF NEW YORK)
COUNTY OF MADISON )
THOMAS CULHANE, being dulysworn, deposes and says: in this
I am the Plaintiff
proceeding. I have Summons
read the foregoing and Complaintand known the contents
thereof.
The same are true
to my knowledge, except astomattersthereinstatedtobe allegedon
informationand belief,
and as to those
matters,I believe
them to be true.
ThomasÓane
Sworn to beforeme this d
of August,2022.
Notary Public
DIR1NGER .
LISAA.
State of NewYork
Public,
Notary
No. 01DISO61591
in Madison
Qualified Co .
Comm. ExpiresJune 17
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