arrow left
arrow right
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
  • Virginia Mann, Thomas Culhane v. Tonya E Gilmore, Phillip S MontanoTorts - Other (Property Damage) document preview
						
                                

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 1 of 8 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, 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. 2 of 8 FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022 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 3 of 8 FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022 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. 4 of 8 FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022 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. 5 of 8 FILED: MADISON COUNTY CLERK 08/20/2022 08:59 AM INDEX NO. EF2022-1468 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2022 Dated: August 11, 2022 Edward sq. Perry Firm Attorney for Plaintiffs Office and P.O. Address 216 Genesee Street Chittenango, New York 13037 6 of 8 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 ) 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 7 of 8 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 8 of 8