Preview
FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------------------- ~------ --- X
BRIAN COMER and BRITTNEY DAVIS,
Plaintifs, VERIFIED COMPLAINT
Index No. EF004587-2021
-against-
JOHN J, LEASE IIIindividually and as an officer for
JOHN J. LEASE REALTORS, INC. and JOHN J, LEASE
MANAGEMENT, INC.; JOHN J. LEASE REALTORS, INC.;
JOHN J. LEASE MANAGEMENT, INC.; JACK SMITH
individually and as an agent for JOHN J. LEASE
REALTORS, INC., and/or JOHN J. LEASE
MANAGEMENT, INC.,
Defendants.
----------------- --- ---------------------------X
Plaintiffs BRIAN COMER and BRITTNEY DAVIS, through their attorney GUNILLA
=t:
PEREZ-FARINGER and as for their complaint against Defer JOHN J, LEASE III individually
and as an officer for JOHN J. LEASE REALTORS, INC. and JOHN J, LEASE MANAGEMENT,
INC.; JOHN J. LEASE REALTORS, INC.; JOHN J. LEASE MANAGEMENT, INC.; JACK SMITH
individually and as an .agent for JOHN J. LEASE REALTORS, INC., and/or JOHN J. LEASE
MANAGEMENT, INC., respectfully alleges upon laiowledge as to themselves and otherwise upon
information and belief, as follows:
THE PARTIES
1. At all times hereinafter mentioned, the action arose in the Town of Newburgh, of
County
Orange, State of New York. At all times hereinafter mentioned the State of New York was
experiencing the Covid-19 pandemic, which on March 7, 2020 caused Govemor Andrew
Cuomo to declare a State of Emergency, including a moratorium on evictions ("Eviction
[
..
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5145 18 Pg: 1447 Index: # EF004587-2021 Clerk: SW
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021
Moratorium"). (See, Ex. A, Memorandum from Chief Administrative Judge Lawrence K.
Marks explaining the provisions of the moratorium in effect at the time the within action
accrued).
("Plaintiff" "Brian"
2. Plaintiff Brian Comer or "Comer") is a private individual currently
residing in the Hamlet of Rock Tavern, Town of New Windsor, County of Orange, State
of New York. At the time the action accrued he had been a lawful tenant of the subject
apartment located at 13 New Road, Apartment 4, Town of Newburgh, County of Orange,
State of New York ("Apartment") for more than 30 days.
"Brittney"
3, Plaintiff Davis ("Plaintiff", or "Davis", is a
Brittney collectively "Plaintiffs")
private individual currently residing in Hamlet of Marlboro, County ofUlster, State ofNew
York. At the time the action accrued she had been a lawful tenant of a resident of the
subject Apartment for inore than 30 days.
4. At all times hereinafter mentioned Defêñdañt John J. Lease III was, and upon information
and belief still is, the owner and Chief Executive Officer of Defendants John J. Realtors,
("Defendant"
Inc. and John J. Lease Management, Inc. or "Lease", collectively "Lease
Defendants").
5. At all times hereinafter mentioned Defendant John J. Realtors, Inc. was, and upon
information and belief still is, a leading real estate owner and brokerage company in
Orange, Sullivan and Ulster Counties and the owner of the Apartment at issue herein.
6. At all times hereinafter mentioned Defendant John J. Managcmant, Inc. ("Rental Office")
was, and upon information still is, the entity responsible for mañaging the properties owned
by John J. Realtors, Inc., including the subject Apartment.
2
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7. The address of John J. Lease, III, John J. Lease Realtors, Inc. and John J. Lease
Management, Inc. is 2020 Route 9W, Town ofNewburgh, County of Orange, State of New
York.
("Defendant"
8. At all times hereinafter mentioned Defendant Jack Smith or "Smith") is, and
upon information and belief still is, the manager of the garage located in the subject
property known as 13 New Road, Town of Newburgh, County of Orange, State of New
York ("Property") where the Apartment is located, and an employee of the John J. Lease
Defendsts. Upon information and belief Defendant Smith is a residence of the subject
Property.
9. The exact nature of the relationship between Defendant Smith and the Lease Defeñdants is
not currently known to the Plaintiffs, however upon information and belief Defeñdañt
Smith is a personal friend of Defendant John Lease and has performed minor repair work
and the like for the Lease Defendants most of his life; in addition he is believed to be a co-
owner of the subject Property, together with the Lease Defendants.
JURISDICTIONAL STATEMENT
10. The action first accrued some time between October 2 and October 18, 2020, and continues
to accrue up and until the present time. The action was commenced on July 7, 2021 by the
filing of a summons with notice. All Defendants were personally served on August 6, 2021.
(Ex. B).
11. This amended pleading is submltted pursuant to CPLR 203(f). The summons with notice
gave sufficient and adequate notice of the transactions and occurrences complained of,
which remain identi cal to the transactions and occurrences upon which the within
complaint is based. Therefore this action is brought well within the statutes of limitations.
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12. This Court has jurisdiction pursuant to CPLR §§ 301 and 302 and venue is proper pursuant
to CPLR § 503.
STATEMENT OF FACTS
13. At the end of July, 2020 PInintif Ts were to move in together as roommates in an
plan.ning
apartment in Newburgh, New York.
14. To that end they contacted Defendant John J. Lease Realtors, Inc. and were shown several
vacant apartments. They settled on Apartment 4 of the property known as 13 New Road,
Town of Newburgh, County of Orange, State of New York. On July 31, with a monthly
rent of $1,450.
15. Defendant John Lease sent a Residential Rental Application to Plaintiffs via text message
to Ms. Davis (Ex. C). The P1nintiffs filled out the application and returned it to Defendant
Davis' Plaintiffs'
Lease by text message from Ms. phone. (Ex. D). Both names are clearly
stated in the application, and Ms. Davis included a copy of her driver's license.
16. Plaintiffs paid the required security depositin the amount of $1,450.00 and the first month's
rent in full, and agreed to pay the rent of $1,450.00 every month thereafter. On or about
August 1, 2020 the Plaintiffs moved into the Apartment. Sometime thereafter Plaintiff
Brian Comer was incarcerated in a matter wholly unrelated and irrelevant to the within
proceedings. Pursuant to the laws of the State of New York the subject Apartment remained
his legal residence during his incarceration. Ms. Davis continued to live in the Apartment,
which was governed by the Eviction Moratorium (Ex. A).
17. Due to financial difficulties caused by the Covid pandemic, at the end of August Ms. Davis
approached Defendant Smith with a request that she be allowed to pay the rent for
September in weekly installments of $500 to avoid falling behind in rent. Defendant Smith
told Ms. Davis that he had inquired with Defendant Lease, who had accepted the request.
4
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18. However, in spite of the promise, when Ms. Davis in good faith went to the Rental Office
to pay the first installment of $500, Defendant Lease refused to accept the payment and
demanded the monthly rent for September in full. Because of Defendset Lease's refusal to
accept partial payment of the rent in spite ofhis promise to so as stated by Defendant Smith,
Ms. Davis was unable to pay the rent for September. However, under the Eviction
Moratorium as well as under the laws of the State of New York she continued to be a lawful
tenant of the Apartment.
19. Thereafter, on or about September 27, 2020 Defendant Smith inexplicably called the Town
of Newburgh Police Department, claiming that Ms. David was not permitted to be in the
apartment. Police arrived, however Officer Ellis of the Town of Newburgh Police
Department informed Ms. Davis that she was not required to move out, and that it was a
civil matter that did not concern the police.
20. On October 2, 2020 Ms. Davis was briefly incarcerated on her own initiative for matters
Davis'
unrelated and irrelevant to this case. When Ms. mother, Wendy Davis arrived at the
Apartment on October 18, she discovered that the Apartment had been completely emptied
of all her daughter's as well as Plaintiff Comer's possessions. The apartment had been re-
rented, the lock had been changed and a cleaning crew was in the process of preparing the
Apartment in anticipation of new tcnañts moving in.
2L Wendy Davis discovered that some of her daughter's belongings had been thrown into a
dumpster behind the building. She was unable to retrieve anything of her daughter's
possessions except a few items of clothing and a stack of old mail. She called the Town of
Newburgh Police Department, who in turn contacted Defendant Lease. Defendant Lease
falsely stated to the police that he had never met Ms. Davis or heard of a Brittney Davis
5
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living in the Apartment. This is an egregious lie. Ms. Davis was living lawfully in the
Defendants'
apartment with full knowledge and consent.
22. In grievous violation of the Eviction Moratorium and of the laws of the State of New York
Plaintiffs had not received any demed for the payment of rent, either orally or in writing.
They had received no notice of any kind, oral or written, that eviction proceedings had been
commenced against them for any reason, and no valid reason existed for their eviction.
23. Plaintiffs were entirely unaware that they had been forcibly evicted from the Apartment
and their possessions disposed of until they learned it from Wendy Davis following her
visit to the Apartment. Plaintiffs never received an explanation for the forcible eviction and
they never received any information as to what happened to their personal property that
was located in the Apartment. There is no indication that the eviction was executed by the
sheriff's department, as required by law.
24. In grievous violation of the eviction laws and Plaintiff s property rights Defêñdañts, or
agents acting on behalf or Defendants, had emptied the Apartment and disposed of all of
Plaintiffs' Defeñdañts'
possessions. As a result of grievous and crimiml acts, Plaintiffs lost
everything they owned, including but not limited to, all furniture, a television, microwave
oven, play station, clothing, personal legal documents, jewelry and household items.
25. Among the items that were stolen from the Apartment were heirlooms inherited by Ms.
Davis from her grandmother, by whom she was raised and who died on September 3, only
Defeñdañts'
a few weeks before the unlawful eviction and destruction of property took
place. Many of the items taken were of irreplaceable sentimental to Ms. Davis. The loss of
all personal legal documents is particularly difficult to Mr. Comer on accoüñt of the fact
that he is an orphan born in another state which makes it extremely difficult to replace
documents such as his birth certificate and passport.
6
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26. Plaintiffs have received no information of any kind informing them where their property
is, let alone information about where they can retrieve it. It is not known where the items
are, and they are believed to have been destroyed or stolen by the Defendañts or agents
acting on their behalf. Plaintiffs lost everything they owned and were left with nothing than
the clothes they were wearing when they left the apartment. Due to the unlawful eviction
Plaintiffs were made homeless, and because her very legitimate fear of the Covid-19
pandemic Ms. Davis declined to go to a homeless shelter but spent many nights sleeping
outside in the cold autumn nights. |
27. Of paramount importance is the fact that the events complained of occurred during the
moratorium on evictions in place as a result of the Covid-19 pandemic, which suspended
all evictions on the ground of nonpayment of rent, in addition to the shocking violadons of
the eviction proceedings prescribed in Article 7 of the Real Property Actions and
Proceedings Law ("RPAPL").
AND AS FOR A FIRST CAUSE OF ACTION
Violation of RPAPL § 853
28. Plaintiflk repeats, reiterates and reasserts all the allegations hereinabove set forth in
paragraphs numbered 1 and including 27 with the same force and effect as if separately set
forth and numbered herem.
29. At the time of the unlawful eviction Plaintiffs had been lawful tenants of 13 New Road,
Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30
consecutive days. Some time between October 2 and October 18, 2020 Defendants, or
agents acting on their behalf, unlawfully and forcibly entered the Apartment and unlawfully
Plaintiffs'
took possession of the premises and converted all of personal property,
preventing them from reentering the apartment.
7
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B
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30. The Defendants or individuals acting as agents on behalf of Defendants forcibly and
unlawfully entered the apartment, breaking the peace and disseized, ejected and put
Plaintiffs out of the apartment in an unlawful manner.
31. The entry was egregious and undertaken with malice in violation of Plaintiff s property
rights and their constitutional right to peaceful enjoyment of their home.
32. Therefore, Plaintiffs are entitled to recover treble damages.
AND AS FOR A SECOND CAUSE OF ACTION
Violation of RPAPL 768
33. Plaintiffs repeats, reiterates and reasserts all the allegations hereinabove set forth in
paragraphs numbered 1 and inch'ding 32 with the same force and effect as if separately set
forth and numbered herein.
34. At the time of the unlawful eviction Plaintiffs had been lawful têñâñts of 13 New Road,
Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30
consecutive days. Some time between October 2, 2020 and October 18, 2020, Defeñdañts,
or agents acting on behalf of Defendants, induced Plaintiffs to vacate the apartmeñt by
converting all their personal property from the apartment, changing the lock to the
apartment and re-renting it to new tenants.
35. Pursuant to RPAPL § 768 to evict an occupant from their home without a court order is a
Class A misdemeanor. The protedious under RPAPL § 768 extends to roommates or other
licensees of têñañts who have occupied the dwelling for at least 30 days, and thus it applied
to both Plaintiffs. A memorandum from New York General Letitia James
Attorney
explaining the provisions pursuant to RPAPL § 768 is attached as Ex. E.
36. For all these reasons Plaintiffs are entitled to compensation.
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AND AS FOR A THIRD CAUSE OF ACTION
Violation of RPAPL § 749
37. Plaintiffs repeats, reiterates and reasserts all the allegations hereinabove set forth in
paragraphs numbered 1 and including 36 with the same force and effect as if separately set
forth and numbered herein.
38. At the time of the unlavvful eviction Plaintiffs had been lawful tenants of 13 New Road,
Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30
consecutive days.
39. Pursuant to RPAPL § 749 eviction proceedings against a tenant must be commeñced by a
petidon, and only "[u]pon rendering of a final judgmeñt for petitioner, the court shall issue
a warrant directed to the sheriff ... and commanding the officer to remove all persons
named in the proceeding, provided upon a showing of good cause, the court may issue a
stay of re-letting ... the premises for a reasonable period of time". RPAPL § 749(1).
Furthermore, "[t]he officer to whom the warrant is directed and delivered shall give at least
days'
fourteen notice, in writing ... to the person
Preview
FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------------- ~------ --- X BRIAN COMER and BRITTNEY DAVIS, Plaintifs, VERIFIED COMPLAINT Index No. EF004587-2021 -against- JOHN J, LEASE IIIindividually and as an officer for JOHN J. LEASE REALTORS, INC. and JOHN J, LEASE MANAGEMENT, INC.; JOHN J. LEASE REALTORS, INC.; JOHN J. LEASE MANAGEMENT, INC.; JACK SMITH individually and as an agent for JOHN J. LEASE REALTORS, INC., and/or JOHN J. LEASE MANAGEMENT, INC., Defendants. ----------------- --- ---------------------------X Plaintiffs BRIAN COMER and BRITTNEY DAVIS, through their attorney GUNILLA =t: PEREZ-FARINGER and as for their complaint against Defer JOHN J, LEASE III individually and as an officer for JOHN J. LEASE REALTORS, INC. and JOHN J, LEASE MANAGEMENT, INC.; JOHN J. LEASE REALTORS, INC.; JOHN J. LEASE MANAGEMENT, INC.; JACK SMITH individually and as an .agent for JOHN J. LEASE REALTORS, INC., and/or JOHN J. LEASE MANAGEMENT, INC., respectfully alleges upon laiowledge as to themselves and otherwise upon information and belief, as follows: THE PARTIES 1. At all times hereinafter mentioned, the action arose in the Town of Newburgh, of County Orange, State of New York. At all times hereinafter mentioned the State of New York was experiencing the Covid-19 pandemic, which on March 7, 2020 caused Govemor Andrew Cuomo to declare a State of Emergency, including a moratorium on evictions ("Eviction [ .. Filed in Orange County 12/16/2021 02:27:49 PM $0.00 Bk: 1 of 5145 18 Pg: 1447 Index: # EF004587-2021 Clerk: SW FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 Moratorium"). (See, Ex. A, Memorandum from Chief Administrative Judge Lawrence K. Marks explaining the provisions of the moratorium in effect at the time the within action accrued). ("Plaintiff" "Brian" 2. Plaintiff Brian Comer or "Comer") is a private individual currently residing in the Hamlet of Rock Tavern, Town of New Windsor, County of Orange, State of New York. At the time the action accrued he had been a lawful tenant of the subject apartment located at 13 New Road, Apartment 4, Town of Newburgh, County of Orange, State of New York ("Apartment") for more than 30 days. "Brittney" 3, Plaintiff Davis ("Plaintiff", or "Davis", is a Brittney collectively "Plaintiffs") private individual currently residing in Hamlet of Marlboro, County ofUlster, State ofNew York. At the time the action accrued she had been a lawful tenant of a resident of the subject Apartment for inore than 30 days. 4. At all times hereinafter mentioned Defêñdañt John J. Lease III was, and upon information and belief still is, the owner and Chief Executive Officer of Defendants John J. Realtors, ("Defendant" Inc. and John J. Lease Management, Inc. or "Lease", collectively "Lease Defendants"). 5. At all times hereinafter mentioned Defendant John J. Realtors, Inc. was, and upon information and belief still is, a leading real estate owner and brokerage company in Orange, Sullivan and Ulster Counties and the owner of the Apartment at issue herein. 6. At all times hereinafter mentioned Defendant John J. Managcmant, Inc. ("Rental Office") was, and upon information still is, the entity responsible for mañaging the properties owned by John J. Realtors, Inc., including the subject Apartment. 2 2 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 7. The address of John J. Lease, III, John J. Lease Realtors, Inc. and John J. Lease Management, Inc. is 2020 Route 9W, Town ofNewburgh, County of Orange, State of New York. ("Defendant" 8. At all times hereinafter mentioned Defendant Jack Smith or "Smith") is, and upon information and belief still is, the manager of the garage located in the subject property known as 13 New Road, Town of Newburgh, County of Orange, State of New York ("Property") where the Apartment is located, and an employee of the John J. Lease Defendsts. Upon information and belief Defendant Smith is a residence of the subject Property. 9. The exact nature of the relationship between Defendant Smith and the Lease Defeñdants is not currently known to the Plaintiffs, however upon information and belief Defeñdañt Smith is a personal friend of Defendant John Lease and has performed minor repair work and the like for the Lease Defendants most of his life; in addition he is believed to be a co- owner of the subject Property, together with the Lease Defendants. JURISDICTIONAL STATEMENT 10. The action first accrued some time between October 2 and October 18, 2020, and continues to accrue up and until the present time. The action was commenced on July 7, 2021 by the filing of a summons with notice. All Defendants were personally served on August 6, 2021. (Ex. B). 11. This amended pleading is submltted pursuant to CPLR 203(f). The summons with notice gave sufficient and adequate notice of the transactions and occurrences complained of, which remain identi cal to the transactions and occurrences upon which the within complaint is based. Therefore this action is brought well within the statutes of limitations. 3 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 12. This Court has jurisdiction pursuant to CPLR §§ 301 and 302 and venue is proper pursuant to CPLR § 503. STATEMENT OF FACTS 13. At the end of July, 2020 PInintif Ts were to move in together as roommates in an plan.ning apartment in Newburgh, New York. 14. To that end they contacted Defendant John J. Lease Realtors, Inc. and were shown several vacant apartments. They settled on Apartment 4 of the property known as 13 New Road, Town of Newburgh, County of Orange, State of New York. On July 31, with a monthly rent of $1,450. 15. Defendant John Lease sent a Residential Rental Application to Plaintiffs via text message to Ms. Davis (Ex. C). The P1nintiffs filled out the application and returned it to Defendant Davis' Plaintiffs' Lease by text message from Ms. phone. (Ex. D). Both names are clearly stated in the application, and Ms. Davis included a copy of her driver's license. 16. Plaintiffs paid the required security depositin the amount of $1,450.00 and the first month's rent in full, and agreed to pay the rent of $1,450.00 every month thereafter. On or about August 1, 2020 the Plaintiffs moved into the Apartment. Sometime thereafter Plaintiff Brian Comer was incarcerated in a matter wholly unrelated and irrelevant to the within proceedings. Pursuant to the laws of the State of New York the subject Apartment remained his legal residence during his incarceration. Ms. Davis continued to live in the Apartment, which was governed by the Eviction Moratorium (Ex. A). 17. Due to financial difficulties caused by the Covid pandemic, at the end of August Ms. Davis approached Defendant Smith with a request that she be allowed to pay the rent for September in weekly installments of $500 to avoid falling behind in rent. Defendant Smith told Ms. Davis that he had inquired with Defendant Lease, who had accepted the request. 4 4 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 18. However, in spite of the promise, when Ms. Davis in good faith went to the Rental Office to pay the first installment of $500, Defendant Lease refused to accept the payment and demanded the monthly rent for September in full. Because of Defendset Lease's refusal to accept partial payment of the rent in spite ofhis promise to so as stated by Defendant Smith, Ms. Davis was unable to pay the rent for September. However, under the Eviction Moratorium as well as under the laws of the State of New York she continued to be a lawful tenant of the Apartment. 19. Thereafter, on or about September 27, 2020 Defendant Smith inexplicably called the Town of Newburgh Police Department, claiming that Ms. David was not permitted to be in the apartment. Police arrived, however Officer Ellis of the Town of Newburgh Police Department informed Ms. Davis that she was not required to move out, and that it was a civil matter that did not concern the police. 20. On October 2, 2020 Ms. Davis was briefly incarcerated on her own initiative for matters Davis' unrelated and irrelevant to this case. When Ms. mother, Wendy Davis arrived at the Apartment on October 18, she discovered that the Apartment had been completely emptied of all her daughter's as well as Plaintiff Comer's possessions. The apartment had been re- rented, the lock had been changed and a cleaning crew was in the process of preparing the Apartment in anticipation of new tcnañts moving in. 2L Wendy Davis discovered that some of her daughter's belongings had been thrown into a dumpster behind the building. She was unable to retrieve anything of her daughter's possessions except a few items of clothing and a stack of old mail. She called the Town of Newburgh Police Department, who in turn contacted Defendant Lease. Defendant Lease falsely stated to the police that he had never met Ms. Davis or heard of a Brittney Davis 5 5 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 living in the Apartment. This is an egregious lie. Ms. Davis was living lawfully in the Defendants' apartment with full knowledge and consent. 22. In grievous violation of the Eviction Moratorium and of the laws of the State of New York Plaintiffs had not received any demed for the payment of rent, either orally or in writing. They had received no notice of any kind, oral or written, that eviction proceedings had been commenced against them for any reason, and no valid reason existed for their eviction. 23. Plaintiffs were entirely unaware that they had been forcibly evicted from the Apartment and their possessions disposed of until they learned it from Wendy Davis following her visit to the Apartment. Plaintiffs never received an explanation for the forcible eviction and they never received any information as to what happened to their personal property that was located in the Apartment. There is no indication that the eviction was executed by the sheriff's department, as required by law. 24. In grievous violation of the eviction laws and Plaintiff s property rights Defêñdañts, or agents acting on behalf or Defendants, had emptied the Apartment and disposed of all of Plaintiffs' Defeñdañts' possessions. As a result of grievous and crimiml acts, Plaintiffs lost everything they owned, including but not limited to, all furniture, a television, microwave oven, play station, clothing, personal legal documents, jewelry and household items. 25. Among the items that were stolen from the Apartment were heirlooms inherited by Ms. Davis from her grandmother, by whom she was raised and who died on September 3, only Defeñdañts' a few weeks before the unlawful eviction and destruction of property took place. Many of the items taken were of irreplaceable sentimental to Ms. Davis. The loss of all personal legal documents is particularly difficult to Mr. Comer on accoüñt of the fact that he is an orphan born in another state which makes it extremely difficult to replace documents such as his birth certificate and passport. 6 6 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 26. Plaintiffs have received no information of any kind informing them where their property is, let alone information about where they can retrieve it. It is not known where the items are, and they are believed to have been destroyed or stolen by the Defendañts or agents acting on their behalf. Plaintiffs lost everything they owned and were left with nothing than the clothes they were wearing when they left the apartment. Due to the unlawful eviction Plaintiffs were made homeless, and because her very legitimate fear of the Covid-19 pandemic Ms. Davis declined to go to a homeless shelter but spent many nights sleeping outside in the cold autumn nights. | 27. Of paramount importance is the fact that the events complained of occurred during the moratorium on evictions in place as a result of the Covid-19 pandemic, which suspended all evictions on the ground of nonpayment of rent, in addition to the shocking violadons of the eviction proceedings prescribed in Article 7 of the Real Property Actions and Proceedings Law ("RPAPL"). AND AS FOR A FIRST CAUSE OF ACTION Violation of RPAPL § 853 28. Plaintiflk repeats, reiterates and reasserts all the allegations hereinabove set forth in paragraphs numbered 1 and including 27 with the same force and effect as if separately set forth and numbered herem. 29. At the time of the unlawful eviction Plaintiffs had been lawful tenants of 13 New Road, Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30 consecutive days. Some time between October 2 and October 18, 2020 Defendants, or agents acting on their behalf, unlawfully and forcibly entered the Apartment and unlawfully Plaintiffs' took possession of the premises and converted all of personal property, preventing them from reentering the apartment. 7 7 of 18 B FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 30. The Defendants or individuals acting as agents on behalf of Defendants forcibly and unlawfully entered the apartment, breaking the peace and disseized, ejected and put Plaintiffs out of the apartment in an unlawful manner. 31. The entry was egregious and undertaken with malice in violation of Plaintiff s property rights and their constitutional right to peaceful enjoyment of their home. 32. Therefore, Plaintiffs are entitled to recover treble damages. AND AS FOR A SECOND CAUSE OF ACTION Violation of RPAPL 768 33. Plaintiffs repeats, reiterates and reasserts all the allegations hereinabove set forth in paragraphs numbered 1 and inch'ding 32 with the same force and effect as if separately set forth and numbered herein. 34. At the time of the unlawful eviction Plaintiffs had been lawful têñâñts of 13 New Road, Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30 consecutive days. Some time between October 2, 2020 and October 18, 2020, Defeñdañts, or agents acting on behalf of Defendants, induced Plaintiffs to vacate the apartmeñt by converting all their personal property from the apartment, changing the lock to the apartment and re-renting it to new tenants. 35. Pursuant to RPAPL § 768 to evict an occupant from their home without a court order is a Class A misdemeanor. The protedious under RPAPL § 768 extends to roommates or other licensees of têñañts who have occupied the dwelling for at least 30 days, and thus it applied to both Plaintiffs. A memorandum from New York General Letitia James Attorney explaining the provisions pursuant to RPAPL § 768 is attached as Ex. E. 36. For all these reasons Plaintiffs are entitled to compensation. 8 8 of 18 FILED: ORANGE COUNTY CLERK 12/16/2021 02:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/16/2021 AND AS FOR A THIRD CAUSE OF ACTION Violation of RPAPL § 749 37. Plaintiffs repeats, reiterates and reasserts all the allegations hereinabove set forth in paragraphs numbered 1 and including 36 with the same force and effect as if separately set forth and numbered herein. 38. At the time of the unlavvful eviction Plaintiffs had been lawful tenants of 13 New Road, Apartment 4, Town of Newburgh, County of Orange, State of New York for more than 30 consecutive days. 39. Pursuant to RPAPL § 749 eviction proceedings against a tenant must be commeñced by a petidon, and only "[u]pon rendering of a final judgmeñt for petitioner, the court shall issue a warrant directed to the sheriff ... and commanding the officer to remove all persons named in the proceeding, provided upon a showing of good cause, the court may issue a stay of re-letting ... the premises for a reasonable period of time". RPAPL § 749(1). Furthermore, "[t]he officer to whom the warrant is directed and delivered shall give at least days' fourteen notice, in writing ... to the person