Preview
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------------------------------------------------------------------------X
VILLAGE OF PAWLING,
Plaintiff, Index No.
SUMMONS
-against-
ROBERT LIFFLAND, individually,
Defendant.
---------------------------------------------------------------------------X
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy
of your answer on the Plaintiff’s attorneys within twenty (20) days after the service of this
summons and complaint, exclusive of the day of service (or within thirty [30] days after the service
is complete if this summons and complaint is not personally delivered to you within the State of
New York). In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Dated: White Plains, New York
October 6, 2021
____________________________________
Kerry Lawrence, Esq.
LAW OFFICE OF KERRY LAWRENCE, PLLC
Attorneys for Plaintiff
140 Grand Street, Suite 705
White Plains, NY 10601
(914) 946-5900
kerry@kerrylawrencelaw.com
TO: Robert Liffland
10 Liffland Lane
Pawling, New York 12564
1 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------------------------------------------------------------------------X
VILLAGE OF PAWLING,
Plaintiff, Index No.
COMPLAINT
-against-
ROBERT LIFFLAND, individually,
Defendant.
---------------------------------------------------------------------------X
The Plaintiff VILLAGE OF PAWLING, for its Complaint herein, by its attorneys LAW
OFFICE OF KERRY LAWRENCE, PLLC, respectfully shows to the Court and alleges as follows:
The Parties
1. Plaintiff, the Village of Pawling (the “Village”) is a municipal corporation
organized under the laws of the state of New York with its principal place of business located at 9
Memorial Avenue, Pawling, N.Y. 12564
2. Upon information and belief Defendant Robert Liffland (the “Defendant”) is an
individual who resides in the Village of Pawling, New York.
Jurisdiction and Venue
3. This court has personal jurisdiction over Plaintiff as Plaintiff is a resident of the
State of New York.
4. Venue is proper in this Court as Plaintiff and Defendant are located in Dutchess
County and the events that give rise to the Complaint took place in Dutchess County.
1
2 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
Facts
5. This case arises from the Defendant, the former Mayor of the Village, causing
unauthorized work to be performed by Village employees and outside contractors for the benefit
of the owner of the properties located at 140 and 146 East Main Street, Pawling, New York.
6. On or about October 4, 2018 the Defendant purchased the property located at 140
East Main Street, Pawling, New York for $268,500.
7. The property located at 140 East Main Street was adjacent to 146 East Main Street
which had been operated for many years a restaurant, most recently McGraths Tavern.
8. Both 140 East Main Street and 146 East Main Street are located in the R-2 zoning
district, which is a residential district which does not permit commercial uses.
9. On or about March 20, 2019 Main Corner Properties, LLC. purchased the 146 East
Main Street property.
10. On or about August 14, 2019 Defendant met with the Village Attorney, Curt
Johnson, the Village Planner and representative of Main Corner Properties, LLC., and Joe Zarecki,
the Village Engineer to discuss rezoning the 146 East Main Street Property as a commercial
property.
11. Defendant did not disclose at the August 14, 2019 meeting that he owned the
property next door or that he might have an interest in selling 140 East Main Street to the principal
owner of Main Corner Properties, LLC.
12. Between October 2018 and September 2019 Defendant entered into a contract to
sell the property located at 140 East Main Street to Serafino Realty LLC, an entity that, upon
information and belief, is owned or affiliated with the principal owner of Main Corner Properties,
LLC.
2
3 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
13. Defendant did not disclose this contract to the Village Board of Trustees at any
point between October 2018 and October 2019.
14. On or about September 25, 2019, Curt Johnson e-mailed the Village Attorney to
discuss a request to rezone the properties located at 140 and 146 East Main Street to commercial
properties.
15. In his e-mail Mr. Johnson indicated that the Defendant had asked him to reach out
to the Village Attorney regarding this rezone request. This was a clear conflict of interest as the
Defendant owned one of the properties that was the subject of the rezoning application.
16. Upon information and belief, the rezone request was made in furtherance of Main
Corner Properties, LLC. contemplated application to construct a new restaurant and parking on the
146 East Main Street and to address potential parking issues on the 146 East Main Street property.
17. On or about October 28, 2019, Mr. Johnson submitted a formal request to rezone
the 140 and 146 East Main Street properties to the Defendant as Mayor of the Village.
18. Notwithstanding the fact that the Defendant owned the 140 East Main Street
property the application for rezoning was specifically addressed to the Defendant.
19. On or about November 1, 2019, Mr. Johnson advised the Village Attorney that
Defendant would be recusing himself from discussions related to the 140 and 146 East Main Street
properties.
20. On or about November 4, 2019, the Defendant admitted at a Village Board of
Trustees meeting that he was under contract to sell 140 East Main Street to Mr. Tomasetti.
Defendant further advised that he would recuse himself from all discussions relating to 140 and
146 East Main Street.
3
4 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
21. Trustee and Deputy Mayor Dan Peters, as Defendant’s brother-in-law, also recused
himself from all discussions related to the 140 and 146 East Main Street Properties.
22. At the November 4, 2019, Board of Trustees meeting the non-recused Trustees
voted to refer the rezoning application to the Planning Board.
23. After the Defendant recused himself the application to rezone was not pursued
further.
24. On or about February 4, 2020, Main Corner Properties, LLC. submitted an
application to the Village Planning Board to construct an approximately 8000 square foot
restaurant and related site improvements at the 146 East Main Street property.
25. On or about March 30, 2020, Defendant conveyed title to 140 East Main Street to
Serafino Realty, LLC for $405,000, which is an increase of $136,500 from the amount paid by
Defendant less than two years earlier.
26. In or about May 2020, multiple meetings were held by the Defendant with Village
employees and representatives of Main Corner Properties, LLC. to discuss plumbing work that
needed to be conducted in front of the properties located at 140 and 146 East Main Street.
27. Various attendees at the meeting reported that they were advised that the purpose
of this work was to provide adequate fire suppression for the new restaurant to be built at the 146
East Main Street property.
28. Notably at the time these discussions were taking place the Planning Board had not
completed its review of the project required by the State Environmental Quality Review Act, 6
NYCRR Part 617.
29. On or about June 8, 2020, Jim Greges, an employee of the Village Highway
Department, e-mailed Jennifer Osborn, Village Clerk, and advised her that they were scheduled to
4
5 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
begin installing a new water line under East Main Street which connected to the 146 East Main
Street property. Mr. Greges’ e-mail indicated that Defendant requested to have the work done.
30. Defendant did not advise or seek approval from the Board of Trustees as water
commissioners of the Village for this work.
31. Between on or about June 9, 2020, through on or about June 12, 2020, plumbing
work was performed on the water main line located in front of the 140 and 146 East Main Street
properties.
32. Village employees spent 171 regular hours and 10 overtime hours performing the
plumbing work. The fair market value of the Village employees labor, at their hourly Village
wages and benefits was $3,963.15.
33. Additionally, Village owned equipment including, but not limited to, a backhoe,
Kenworth dump truck, International dump truck, Ford F450, Chevy dump truck and a skid steer
were used to perform the plumbing work. The fair market rental value of this equipment was
$7,719.48 including the cost of the gasoline used by this equipment.
34. Various outside contractors were retained to perform plumbing work in front of the
140 and 146 East Main Street properties. To date, the Village has received invoices for the fair
market value of the contractors’ work totaling $19,219.36 from private contractors for this work.
35. The total fair market value of the labor, materials, equipment, and private
contractors for this work was $30,901.99.
36. At a Village Board of Trustees meeting on July 6, 2020, several Trustees expressed
concern about the water line plumbing work performed in front of 140 and 146 East Main Street.
5
6 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
37. At the July 6, 2020, meeting Defendant admitted that he did not consult with the
Trustees or obtain their approval before ordering the abovementioned work to be performed, and
apologized. Defendant claimed that the plumbing work was done because the timing was good.
38. On or about July 20, 2020, the Trustees voted to appoint the undersigned as Special
Counsel to conduct an investigation into the aforementioned issues. Defendant opposed the
appointment of Special Counsel.
39. Special Counsel thereafter conducted and completed his investigation.
40. On or about November 30, 2020, Defendant resigned as Mayor effective December
31, 2020.
41. To date the Plaintiff has incurred approximately $56,418.50 in costs and expenses
in connection with the investigation.
AS AND FOR A FIRST CAUSE OF ACTION
(Violation of NY Village Law)
42. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs “1” to “41” of the Complaint as if each had been pleaded here in full.
43. Pursuant to Village Law § 11-1108 the power to extend water mains or distributing
pipes within the Village is vested in the authority of the Board of Water Commissioners.
44. In the Village of Pawling the Board of Water Commissioners is made up of the
members of the Board of Trustees.
45. Pursuant to Village Law § 11-1112 private property owners have an obligation to
make connections from their property to the Village water supply.
46. The Defendant did not have the authority to expend Village resources or enter into
contracts for the benefit of a private landowner without authorization from the Board of Water
Commissioners.
6
7 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
47. Defendant’s unauthorized use of Village employees and equipment and
Defendant’s hiring of private contractors to perform water main work on behalf of private
landowner was in violation of Village Law §§11-1108 and 11-1112.
48. Pursuant to Village Law §4-412 “[a]n officer or person who assumes to create a
liability or appropriate money or property of the village without authority of law, or assents thereto,
is personally liable for such debt, or to the village for such money or property.”
49. The Defendant by expending Village resources and entering into contracts without
authorization from the Board of Trustees is personally liable to the Plaintiff for all authorized costs
and expenses including, but not limited to, a) the fair market value of the time and equipment
utilized in connection with the unauthorized work; b) costs charged by any outside contractors; c)
all legal costs incurred by the Village; d) the costs of the independent investigation plus statutory
interest.
AS AND FOR A SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty)
50. Plaintiff repeats, reiterates and realleges each and every allegation set forth in
paragraphs “1” to “49” of the Complaint as if each had been pleaded here in full.
51. As a public official the Defendant owed the Village a duty not of honesty alone but
“the punctilio of an honor the most sensitive.”
52. Defendant by engaging in the aforementioned conduct including but not limited to
a) injecting himself into a rezoning application that benefited himself and the potential and then
actual purchaser of his property; b) selling his property for significantly above market value to a
developer who had development applications pending before the Village; c) utilizing Village
employees and equipment to improve a water main for the benefit of a private landowner without
authorization; d) contracting with outside contractors on behalf of the Village, without
7
8 of 9
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021
authorization, to perform water main and plumbing work for the benefit of a private landowner
and e) failing to promptly disclose and recuse himself from several conflicts of interest breached
his fiduciary duty to the Village.
53. As a result of Defendant’s breach of his fiduciary duty the Village has been
damaged in an amount to be determined at trial.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment:
a. On the First and Second Causes of Action awarding Plaintiff damages in an amount
to be determined at trial which include, but are not limited to, all costs incurred by the Village on
account of the work performed in front of 140 and 146 East Main Street including, but not limited
to a) the fair market value of the time and equipment utilized in connection with the unauthorized
work; b) costs charged by any outside contractors; c) all legal costs incurred by the Village; d) the
costs of the independent investigation plus statutory interest.
b. Such other and further relief as to this Court may seem just and proper.
Dated: White Plains, New York
October 6, 2021
___________________________
Kerry Lawrence, Esq.
LAW OFFICE OF KERRY LAWRENCE, PLLC
Attorneys for Plaintiff
140 Grand Street, Suite 705
White Plains, NY 10601
(914) 946-5900
kerry@kerrylawrencelaw.com
8
9 of 9
Preview
FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------------------------------------------------------------------X VILLAGE OF PAWLING, Plaintiff, Index No. SUMMONS -against- ROBERT LIFFLAND, individually, Defendant. ---------------------------------------------------------------------------X TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiff’s attorneys within twenty (20) days after the service of this summons and complaint, exclusive of the day of service (or within thirty [30] days after the service is complete if this summons and complaint is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: White Plains, New York October 6, 2021 ____________________________________ Kerry Lawrence, Esq. LAW OFFICE OF KERRY LAWRENCE, PLLC Attorneys for Plaintiff 140 Grand Street, Suite 705 White Plains, NY 10601 (914) 946-5900 kerry@kerrylawrencelaw.com TO: Robert Liffland 10 Liffland Lane Pawling, New York 12564 1 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------------------------------------------------------------------X VILLAGE OF PAWLING, Plaintiff, Index No. COMPLAINT -against- ROBERT LIFFLAND, individually, Defendant. ---------------------------------------------------------------------------X The Plaintiff VILLAGE OF PAWLING, for its Complaint herein, by its attorneys LAW OFFICE OF KERRY LAWRENCE, PLLC, respectfully shows to the Court and alleges as follows: The Parties 1. Plaintiff, the Village of Pawling (the “Village”) is a municipal corporation organized under the laws of the state of New York with its principal place of business located at 9 Memorial Avenue, Pawling, N.Y. 12564 2. Upon information and belief Defendant Robert Liffland (the “Defendant”) is an individual who resides in the Village of Pawling, New York. Jurisdiction and Venue 3. This court has personal jurisdiction over Plaintiff as Plaintiff is a resident of the State of New York. 4. Venue is proper in this Court as Plaintiff and Defendant are located in Dutchess County and the events that give rise to the Complaint took place in Dutchess County. 1 2 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 Facts 5. This case arises from the Defendant, the former Mayor of the Village, causing unauthorized work to be performed by Village employees and outside contractors for the benefit of the owner of the properties located at 140 and 146 East Main Street, Pawling, New York. 6. On or about October 4, 2018 the Defendant purchased the property located at 140 East Main Street, Pawling, New York for $268,500. 7. The property located at 140 East Main Street was adjacent to 146 East Main Street which had been operated for many years a restaurant, most recently McGraths Tavern. 8. Both 140 East Main Street and 146 East Main Street are located in the R-2 zoning district, which is a residential district which does not permit commercial uses. 9. On or about March 20, 2019 Main Corner Properties, LLC. purchased the 146 East Main Street property. 10. On or about August 14, 2019 Defendant met with the Village Attorney, Curt Johnson, the Village Planner and representative of Main Corner Properties, LLC., and Joe Zarecki, the Village Engineer to discuss rezoning the 146 East Main Street Property as a commercial property. 11. Defendant did not disclose at the August 14, 2019 meeting that he owned the property next door or that he might have an interest in selling 140 East Main Street to the principal owner of Main Corner Properties, LLC. 12. Between October 2018 and September 2019 Defendant entered into a contract to sell the property located at 140 East Main Street to Serafino Realty LLC, an entity that, upon information and belief, is owned or affiliated with the principal owner of Main Corner Properties, LLC. 2 3 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 13. Defendant did not disclose this contract to the Village Board of Trustees at any point between October 2018 and October 2019. 14. On or about September 25, 2019, Curt Johnson e-mailed the Village Attorney to discuss a request to rezone the properties located at 140 and 146 East Main Street to commercial properties. 15. In his e-mail Mr. Johnson indicated that the Defendant had asked him to reach out to the Village Attorney regarding this rezone request. This was a clear conflict of interest as the Defendant owned one of the properties that was the subject of the rezoning application. 16. Upon information and belief, the rezone request was made in furtherance of Main Corner Properties, LLC. contemplated application to construct a new restaurant and parking on the 146 East Main Street and to address potential parking issues on the 146 East Main Street property. 17. On or about October 28, 2019, Mr. Johnson submitted a formal request to rezone the 140 and 146 East Main Street properties to the Defendant as Mayor of the Village. 18. Notwithstanding the fact that the Defendant owned the 140 East Main Street property the application for rezoning was specifically addressed to the Defendant. 19. On or about November 1, 2019, Mr. Johnson advised the Village Attorney that Defendant would be recusing himself from discussions related to the 140 and 146 East Main Street properties. 20. On or about November 4, 2019, the Defendant admitted at a Village Board of Trustees meeting that he was under contract to sell 140 East Main Street to Mr. Tomasetti. Defendant further advised that he would recuse himself from all discussions relating to 140 and 146 East Main Street. 3 4 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 21. Trustee and Deputy Mayor Dan Peters, as Defendant’s brother-in-law, also recused himself from all discussions related to the 140 and 146 East Main Street Properties. 22. At the November 4, 2019, Board of Trustees meeting the non-recused Trustees voted to refer the rezoning application to the Planning Board. 23. After the Defendant recused himself the application to rezone was not pursued further. 24. On or about February 4, 2020, Main Corner Properties, LLC. submitted an application to the Village Planning Board to construct an approximately 8000 square foot restaurant and related site improvements at the 146 East Main Street property. 25. On or about March 30, 2020, Defendant conveyed title to 140 East Main Street to Serafino Realty, LLC for $405,000, which is an increase of $136,500 from the amount paid by Defendant less than two years earlier. 26. In or about May 2020, multiple meetings were held by the Defendant with Village employees and representatives of Main Corner Properties, LLC. to discuss plumbing work that needed to be conducted in front of the properties located at 140 and 146 East Main Street. 27. Various attendees at the meeting reported that they were advised that the purpose of this work was to provide adequate fire suppression for the new restaurant to be built at the 146 East Main Street property. 28. Notably at the time these discussions were taking place the Planning Board had not completed its review of the project required by the State Environmental Quality Review Act, 6 NYCRR Part 617. 29. On or about June 8, 2020, Jim Greges, an employee of the Village Highway Department, e-mailed Jennifer Osborn, Village Clerk, and advised her that they were scheduled to 4 5 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 begin installing a new water line under East Main Street which connected to the 146 East Main Street property. Mr. Greges’ e-mail indicated that Defendant requested to have the work done. 30. Defendant did not advise or seek approval from the Board of Trustees as water commissioners of the Village for this work. 31. Between on or about June 9, 2020, through on or about June 12, 2020, plumbing work was performed on the water main line located in front of the 140 and 146 East Main Street properties. 32. Village employees spent 171 regular hours and 10 overtime hours performing the plumbing work. The fair market value of the Village employees labor, at their hourly Village wages and benefits was $3,963.15. 33. Additionally, Village owned equipment including, but not limited to, a backhoe, Kenworth dump truck, International dump truck, Ford F450, Chevy dump truck and a skid steer were used to perform the plumbing work. The fair market rental value of this equipment was $7,719.48 including the cost of the gasoline used by this equipment. 34. Various outside contractors were retained to perform plumbing work in front of the 140 and 146 East Main Street properties. To date, the Village has received invoices for the fair market value of the contractors’ work totaling $19,219.36 from private contractors for this work. 35. The total fair market value of the labor, materials, equipment, and private contractors for this work was $30,901.99. 36. At a Village Board of Trustees meeting on July 6, 2020, several Trustees expressed concern about the water line plumbing work performed in front of 140 and 146 East Main Street. 5 6 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 37. At the July 6, 2020, meeting Defendant admitted that he did not consult with the Trustees or obtain their approval before ordering the abovementioned work to be performed, and apologized. Defendant claimed that the plumbing work was done because the timing was good. 38. On or about July 20, 2020, the Trustees voted to appoint the undersigned as Special Counsel to conduct an investigation into the aforementioned issues. Defendant opposed the appointment of Special Counsel. 39. Special Counsel thereafter conducted and completed his investigation. 40. On or about November 30, 2020, Defendant resigned as Mayor effective December 31, 2020. 41. To date the Plaintiff has incurred approximately $56,418.50 in costs and expenses in connection with the investigation. AS AND FOR A FIRST CAUSE OF ACTION (Violation of NY Village Law) 42. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs “1” to “41” of the Complaint as if each had been pleaded here in full. 43. Pursuant to Village Law § 11-1108 the power to extend water mains or distributing pipes within the Village is vested in the authority of the Board of Water Commissioners. 44. In the Village of Pawling the Board of Water Commissioners is made up of the members of the Board of Trustees. 45. Pursuant to Village Law § 11-1112 private property owners have an obligation to make connections from their property to the Village water supply. 46. The Defendant did not have the authority to expend Village resources or enter into contracts for the benefit of a private landowner without authorization from the Board of Water Commissioners. 6 7 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 47. Defendant’s unauthorized use of Village employees and equipment and Defendant’s hiring of private contractors to perform water main work on behalf of private landowner was in violation of Village Law §§11-1108 and 11-1112. 48. Pursuant to Village Law §4-412 “[a]n officer or person who assumes to create a liability or appropriate money or property of the village without authority of law, or assents thereto, is personally liable for such debt, or to the village for such money or property.” 49. The Defendant by expending Village resources and entering into contracts without authorization from the Board of Trustees is personally liable to the Plaintiff for all authorized costs and expenses including, but not limited to, a) the fair market value of the time and equipment utilized in connection with the unauthorized work; b) costs charged by any outside contractors; c) all legal costs incurred by the Village; d) the costs of the independent investigation plus statutory interest. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Fiduciary Duty) 50. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs “1” to “49” of the Complaint as if each had been pleaded here in full. 51. As a public official the Defendant owed the Village a duty not of honesty alone but “the punctilio of an honor the most sensitive.” 52. Defendant by engaging in the aforementioned conduct including but not limited to a) injecting himself into a rezoning application that benefited himself and the potential and then actual purchaser of his property; b) selling his property for significantly above market value to a developer who had development applications pending before the Village; c) utilizing Village employees and equipment to improve a water main for the benefit of a private landowner without authorization; d) contracting with outside contractors on behalf of the Village, without 7 8 of 9 FILED: DUTCHESS COUNTY CLERK 10/12/2021 10:23 PM INDEX NO. 2021-54213 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/12/2021 authorization, to perform water main and plumbing work for the benefit of a private landowner and e) failing to promptly disclose and recuse himself from several conflicts of interest breached his fiduciary duty to the Village. 53. As a result of Defendant’s breach of his fiduciary duty the Village has been damaged in an amount to be determined at trial. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment: a. On the First and Second Causes of Action awarding Plaintiff damages in an amount to be determined at trial which include, but are not limited to, all costs incurred by the Village on account of the work performed in front of 140 and 146 East Main Street including, but not limited to a) the fair market value of the time and equipment utilized in connection with the unauthorized work; b) costs charged by any outside contractors; c) all legal costs incurred by the Village; d) the costs of the independent investigation plus statutory interest. b. Such other and further relief as to this Court may seem just and proper. Dated: White Plains, New York October 6, 2021 ___________________________ Kerry Lawrence, Esq. LAW OFFICE OF KERRY LAWRENCE, PLLC Attorneys for Plaintiff 140 Grand Street, Suite 705 White Plains, NY 10601 (914) 946-5900 kerry@kerrylawrencelaw.com 8 9 of 9