On July 07, 2021 a
Motion-Secondary
was filed
involving a dispute between
Brian Comer,
Brittney Davis,
and
Jack Smith,
John J. Lease Iii,
John J. Lease Management, Inc.,
North Plank Development Company Llc,
for Real Property - Other (Unlawful eviction)
in the District Court of Orange County.
Preview
FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022
Transcript of letter by Brian Comer received May 4, 2022
The following is a true and correct transcript (one section has been removed as irrelevant)
of a handwritten letter by Plaintiff Brian Comer received by the undersigned on May 4, 2022, of
which a photocopy is attached herewith.
The letter was received in response to a request that he verify the statement by Wendy
Davis describing her impressions during her visit to the Plaintiffs' apartment on or about October
18, 2020, as well as Mr. Comer's own description of the events that form the basis for this case.
Due to his current incarceration 218 miles from the location of the office of the undersigned
Mr. Comer has not been able to swear to an affidavit or have the letter notarized.
Therefore, we respectfully request that the letter by Mr. Comer be introduced into evidence
on the ground that he is an unavailable fact witness pursuant to the doctrine of past recollection
recorded (Article 8.25 of the Guide to New York Evidence).
Begin transcript
Hey Mrs. Gunilla,
Worry not, I never nor never would [have, sic] told Jack [Smith] to throw mine and
Brittney's things out, and I would have no problem signing an affidavit to that effect.
I wrote to Jack once during my incarceration asking about ow Brittney was doing and if he
could make sure John [Lease] allowed her to pay the rent in installments as I was locked up for a
short while. It was late October early November when I sent that letter and received a reply from
him stating Brittney had moved and he would talk to my living arrangements where I got out Mid-
December*, I later found out those arrangements where (sic) for a cold unheated garage, not my
apartment tho (sic) Mid december(sic) and needing an address for probation it was better than the
streets. To the other question. No, I did not tell anyone l was going to jail [for a longer period of
time] as at that time I did not know this. l was told that Judge [illegible] would keep my sentence
of a 6/5 split, which he did except he made me serve out the 6 months (really 4 with good time)
for September/October/November and December 18th my release date, the day I found out
everything was gone.
I would have found out through Brittney but later found out she had some legal issues and
moved to North Carolina for a short spell. That was our home and not only that it was a place
where probation could reach us as we were bound to do to remain free. Of course that being done
*Please note that Mr. Comer remains incarcerated for reasons unrelated to this case.
1 of 4
FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022
during Covid and the rent freeze left it extremely hard to find another place. No one was working
no one was payingrent so no one was rentingand most storeswere still closed.
[sectionremovedas irrelevant]
Thankyou for writing me feel free to do so at any time.
Sincerely,
Brian
21A2556
End transcript
Sworn to before me this
Il, th ay of May, 2022
THERESAGENTILE
NotaryPubHc, Stateof NewYork
No.01GE5037854
QuaflfledInWestcheater County
CommissionExpiresJanuary3, &O~
2
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FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022
u
3 of 4
FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022
d
ad
Document Filed Date
May 14, 2022
Case Filing Date
July 07, 2021
Category
Real Property - Other (Unlawful eviction)
Status
Disposed-Court Date/Application Pending
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Preview
FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022 Transcript of letter by Brian Comer received May 4, 2022 The following is a true and correct transcript (one section has been removed as irrelevant) of a handwritten letter by Plaintiff Brian Comer received by the undersigned on May 4, 2022, of which a photocopy is attached herewith. The letter was received in response to a request that he verify the statement by Wendy Davis describing her impressions during her visit to the Plaintiffs' apartment on or about October 18, 2020, as well as Mr. Comer's own description of the events that form the basis for this case. Due to his current incarceration 218 miles from the location of the office of the undersigned Mr. Comer has not been able to swear to an affidavit or have the letter notarized. Therefore, we respectfully request that the letter by Mr. Comer be introduced into evidence on the ground that he is an unavailable fact witness pursuant to the doctrine of past recollection recorded (Article 8.25 of the Guide to New York Evidence). Begin transcript Hey Mrs. Gunilla, Worry not, I never nor never would [have, sic] told Jack [Smith] to throw mine and Brittney's things out, and I would have no problem signing an affidavit to that effect. I wrote to Jack once during my incarceration asking about ow Brittney was doing and if he could make sure John [Lease] allowed her to pay the rent in installments as I was locked up for a short while. It was late October early November when I sent that letter and received a reply from him stating Brittney had moved and he would talk to my living arrangements where I got out Mid- December*, I later found out those arrangements where (sic) for a cold unheated garage, not my apartment tho (sic) Mid december(sic) and needing an address for probation it was better than the streets. To the other question. No, I did not tell anyone l was going to jail [for a longer period of time] as at that time I did not know this. l was told that Judge [illegible] would keep my sentence of a 6/5 split, which he did except he made me serve out the 6 months (really 4 with good time) for September/October/November and December 18th my release date, the day I found out everything was gone. I would have found out through Brittney but later found out she had some legal issues and moved to North Carolina for a short spell. That was our home and not only that it was a place where probation could reach us as we were bound to do to remain free. Of course that being done *Please note that Mr. Comer remains incarcerated for reasons unrelated to this case. 1 of 4 FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022 during Covid and the rent freeze left it extremely hard to find another place. No one was working no one was payingrent so no one was rentingand most storeswere still closed. [sectionremovedas irrelevant] Thankyou for writing me feel free to do so at any time. Sincerely, Brian 21A2556 End transcript Sworn to before me this Il, th ay of May, 2022 THERESAGENTILE NotaryPubHc, Stateof NewYork No.01GE5037854 QuaflfledInWestcheater County CommissionExpiresJanuary3, &O~ 2 2 of 4 FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022 u 3 of 4 FILED: ORANGE COUNTY CLERK 05/14/2022 11:27 PM INDEX NO. EF004587-2021 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 05/14/2022 d ad