Preview
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
A T T O R N E Y S A T L A W
Index #: EF2021-0164 Cl2021-11609
JESSICA J. RAPP, ESQ.
07/13/2021 11:54:49 AM
ASSOCIATE
EXHIBIT(S)
Maureen Reynolds, Tompkins County Clerk
June 8, 2021
VIA USPS
Mr. Shawn Rowser
171 Harvey Hill Road
Ithaca, NY 14850
Re: Index No.: EF2021-0164: RJI No.: 2021-0098-M
Dear Mr. Rowser:
Enclosed for your records isa Reply Affirmation that was filed electronically through the NYSCEF
system.
Kind regards,
.I§yica J. Rapp, Esq.
ALV/JJR
Enc.
cc: Terry Cole (via email)
- ClientFiles
C:\Usersamber\Box\H 20731\002- case\Draft
Nuisance correspondence\LtrwithatT6-8.2021.doex
toRowser
P.O. Box 64 5 ithaca, ew Vork 14851-6435 607.273.4200 tel 07.272.6694 fax www Ikir
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
Index #: EF2021-0164
Cl2021-11609
A T T O R N E Y S A T L A W
HAYDEN R. BRAINARD, JR.
PARTNER
November 12, 2020
VIA CERTIFIED MAIL #7019 2970 0000 7380 1505
Ms. Beverly Stevenson
171 Harvey Hill Road
Ithaca, NY 14850
Re: Dispute: Right of Way to Driveway ( Tax Parcel 14.-1-1.34)
Dear Ms. Stevenson:
As you know, we represent Terry Cole. We have provided you with a thorough history of the driveway
property together with copies of relevant deeds and surveys of record proving Terry Cole is a joint owner
of the driveway. For some reason, you seem unconvinced that Terry Cole is a jointowner of the drivêway
and thatyou cannot continue to interfere with his use of it.Terry has asked you and other occupants of your
home to remove the obstacles you placed in the drivêway and to stopharassing him and the fanners he has
authorized to use the driveway. You have refused to do this.
At this point we intend to pursue one of the following two options:
1. Purchase Offer: We have enclosed a signed purchase offer from Terry Cole for the purchase of your
property and your half of the driveway parcel. This offer does not have any conditions and he isready to
close and pay you as soon as possible. The amount of this offer is for the current assessed value of the
property and gives you until the end of thisyear to move.
2. Court Order: Ifyou do not accept the Purchase Offer or remove allof the obstacles in the driveway by
November 20, 2020, you will force us to seek a Court Order directirigyou to remove the obstacles. Ifyou
do not comply with this court order you may be arrested and face jailtime.
If you are interested in our Purchase Offer please call me at your convenience. If you have an attorney
please have them call me instead.
Kind
en R. Brainard, Jr.
cc: Terry Cole
P.O. Box 6435 [ lthaca, New York 14851-6435 | 607.273.4200 tel | 607.272.6694 fax | www.millermayer.com
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
Index #: EF2021-0164
Cl2021-11609
A T T O R N E Y 8 A T L A W
HAYDEN R. SRAINARD, JR.
PARTN,ER
hrb@millerma er.com
December 21, 2020
Ms. Beverly Stevenson
171 Harvey Hill Road
Ithaca, NY 14850
Re: 171 Harvey Hill Road Driveway Maintenance
Dear Ms. Stevenson:
In response to our last letterand Terry Cole's offer to purchase your property, your friend Shawn called
and left me a message.
In his voicemail he stated the he (you) has been paying taxes for the driveway property. This statement is
untrue. I have receipts shewing that Terry has paid allof the taxes for the drivcway parcel, and thatyou
have not paid any part of those taxes. We will send you a bill foryour half of the taxes.
Also in his message, he stated Terry has never assisted in maintenance of the driveway. He also stated that
he (you) has spent money on driveway maintenance. Neither of these statements is true.You have never
asked Terry to assist you with maintenance of the driveway. You have not presented Terry with any receipts
showiñg you spent any money on drivêway maintenance. Terry has not seen any evidence that you have
made an effort to maintain or improve the driveway, despite your claims.
will maintain the and to his half of the expenses to do so. is also to
Terry help driveway pay Terry willing
make all arrangements necessary to smooth out the driveway, fill and level low areas with gravel, clear
brush and attempt to direct runoff into the ditch. We expect that adding gravel to the drivcway would be
the primary expense. Because the driveway is approximately 900 feet long, using gravel to level it will
likely could cost at least $2,000, and likely more. Each of you would pay one half,approximately $1,000.
This maintenance of the driveway will require removal of allfences that you have installed in and along
the driveway. Italso requires removal of the camper you have parked in the middle of the driveway. If you
need help moving itplease letus know. If you are able to take the ce2nper directly to the scrap yard you
might get some value from itto apply to your half of the driveway maintanance costs. The scrap yard may
also be willing to come and get itat your property ifyou cannot move it.
Terry is ready to do this work now. Please callme to make arrangements for thiswork to be done as soon
as possible.
If we cannot proceed with driveway maintenance by Jañüary 11, 2021 we are going to court to force you
to do so. If you do not comply with a court order you may be arrested and face jail time.
Kind reprds
cc: Terry Cole
RO. Box6435 Ithaca, New York 14851-6435 I 607.273.4200 tel | 607.272.6694 fax | www.millermayer.com
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
Index #: EF2021-0164
CI2021-11609
MILLER MAYERB
ATTORNEYS AT LAW
CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
PART A
1. GENERAL
This Contract consists of Part A, Part B as recorded in the Tompkins County Clerk's
Office as Instrument Number 2017-05133, and any Addenda signed by the Seller and the
Buyer. This Contract for Sale and Purchase of Real Property (hereinafter the becomes a
"Contract")
binding legal instrument when signed and a legally binding ccñtract when executed both parties. The
by
Selier and the Buyer should each consult an attorney before ::igning this document or arrange for
attorney approval within the time frame set forth herein. The form of thisContract has been approved by the
Ithaca Board of Realtors, Inc. and the Tompkins County Bar Association, Inc.
2. PARTIES
SELLER Name(s) : BUYER :
Name(s)
8everty Jane S tevenson Terry Cole
Address(es): Address(es):
171 Harvey HillR oad, Ithaca,NY 14850 159 Harvey HillRoad, lthaca, NY 14850
Phone(s): Phone(s):
Email(s): Email(s):
Agents and Attorneys
Listing Agent/License No. Selling Agent/License No.
none none
Brokerage/License No. Brokeragc/License No.
Ph·
Ph: Fax Fax:
Email:___ Email:
Seller /Office Buyer Attorñcy/Office
Attorney
Hayden R. Brainaltl,Esq,, MillerMapr. LLP
Ph: Fax: Ph: 607-273-4200 Fax:
Email: Email: brbe millermayer.com
Seller Initials
BnycrinitiaisPW_1 T
Part A
Page 1 of4 Address: 171 Harvey HillRoad, lthaca, NY 1485
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
Index #: EF2021-0164
C12021-11609
A T T O R N E Y S A T L A W
JESSICA J. RAPP, ESQ.
ASSOCIATE
JJR d)MILLERMAYER.COM
June 8, 2021
VIA USPS
Ms. Beverly Stevenson
171 Harvey Hill Road
Ithaca, NY 14850
Re: Index No.: EF2021-0164; RJI No.: 2021-0098-M
Dear Ms. Stevenson:
Enclosed for your records isa Reply Affirmation that was filedclectr0ñically through the NYSCEF
system.
Kind regards,
J ica J. Rapp, Esq.
ALV/JJR
Enc.
cc: Terry Cole (via email)
- ClientFiles\20731\002-
C:\Users\Amber\Box\H Nuisance
case\Draft
correspondence\Ltr
to Beverlywithaff_6.82021.docx
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NC. 23 RECEIVED NYSCEF: 05/25/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
O Index #: EF2021-0164 4
CI2021-11609
STATE OF NEW YORK
SUPREME COURT: COUNTY OF TOMPKINS
TERRY COLE,
Plaintiff,
REPLY AFFIRMATION
v.
Index No: EF2021-0164
BEVERLY STEVESON and RJI No.: 2021-0098-M
SHAWN ROWSER,
Defendants.
Jessica J. Rapp, Esq., an attorney duly admitted to practice lew in the courts of the State of
New York, hereby affirms as follows under penalty of perjury:
1. 1 am a member of the law firm Miller Mayer, LLP, attorneys for the Plaintiff
Terry
Cole, and I submit this Affirmation in support of the relief sought in Plaintiffs Order to Show Cause
and in response to the letter submitted by Defendant Shawn Rowser ("Defendant Rowser") on April
30, 2021. I make this Affirmation instead of Plaintiff as I am fully familiar with the facts and
circumstances contained herein.
2. Defêñdañt Rowser has admitted in his letter to placing the obstructions on and near the
Driveway Parcel, which prevent Plaintiff and those permitted by him from rightfully accessing
Plaintiffs land.
3. Reading Defendant Rowser's letter in the best possible light, these are his arguments
that I was able to discern:
a. Plaintiff does not use his farmland;
b. Plaintiff is paid by the person renting his farmland and is therefore paid for the use of
the Driveway Parcel;
c. Plaintiff has not maintained the Driveway Parcel;
d. Farming equipment ran over an ADT sign posted next to the Driveway Parcel;
"spring"
e. There is a and pond somewhere near the Driveway Parcel, and Defendant
Rowser does not want Plaintiff or those permitted by Plaintiff to drive past it.
MILLERMAYER.LLP
215EastStateStreet
Ithaca.NewYork14350
(607)273-4200
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164
NYSCEF DOC. NC. 23 RECEIVED NYSCEF: 05/25/20 1
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021
D Index #: EF2021-0164 5
CI2021-11609
4. None of Defendant Rowser's arguments negate or alter the facts of this case: that
Plaintiff is part-owner the Driveway Parcel, Plaintiff possesses a right of way extending past the
Driveway Parcel leading to farmlands owned by him, and Defendants are interfering with Plaintiff's
property rights by impermissibly blocking access to Plaintiff s farmland.
WHEREFORE Plaintiff respectfully requests that the Court issue an order for the following
relief:
1. Defendants to remove the obstructions from the .0389-acre of Tax Parcel 14.-
Directing strip land,
1-1.34, part of Military Lot 68 in the town of Enfield, New York ("Driveway Parcel")
!
2. Temporarily, preliminary and/or permanently enjoining and restraining the Defendants and those
in concert or participation with Defendants from directly or indirectly:
a. Engaging in any conduct that interferes with the property rights of Plaintiff and those
permitted by Plaintiff to use and enjoy Plaintiff's land;
b. in conduct that interferes with the rights of Plaintiff and those i
Engaging any property
permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access Plaintiff's
land;
c. Engaging in any conduct that harasses Plaintiff or those permitted by Plaintiff to use the
Driveway Parcel for ingress and egress to access Plaintiff's land;
d. Obstructing the Driveway Parcel; and
e. Causing intentional damage to the Driveway Parcel.
3. For such other and further relief as to this Court appears just and proper.
Dated: May 25, 2021
Je ca J. Rapp, Esq.
Mi er Mayer, LLP
Attorneys for Plaintiff
215 East State Street, Suite 200
PO Box 6435
Ithaca, NY 14851-6435
MILLERMAYER.LLP 2
215EastStateStreet
lthaca.NewYork14850
(607)2734200
Preview
FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 A T T O R N E Y S A T L A W Index #: EF2021-0164 Cl2021-11609 JESSICA J. RAPP, ESQ. 07/13/2021 11:54:49 AM ASSOCIATE EXHIBIT(S) Maureen Reynolds, Tompkins County Clerk June 8, 2021 VIA USPS Mr. Shawn Rowser 171 Harvey Hill Road Ithaca, NY 14850 Re: Index No.: EF2021-0164: RJI No.: 2021-0098-M Dear Mr. Rowser: Enclosed for your records isa Reply Affirmation that was filed electronically through the NYSCEF system. Kind regards, .I§yica J. Rapp, Esq. ALV/JJR Enc. cc: Terry Cole (via email) - ClientFiles C:\Usersamber\Box\H 20731\002- case\Draft Nuisance correspondence\LtrwithatT6-8.2021.doex toRowser P.O. Box 64 5 ithaca, ew Vork 14851-6435 607.273.4200 tel 07.272.6694 fax www Ikir FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 Index #: EF2021-0164 Cl2021-11609 A T T O R N E Y S A T L A W HAYDEN R. BRAINARD, JR. PARTNER November 12, 2020 VIA CERTIFIED MAIL #7019 2970 0000 7380 1505 Ms. Beverly Stevenson 171 Harvey Hill Road Ithaca, NY 14850 Re: Dispute: Right of Way to Driveway ( Tax Parcel 14.-1-1.34) Dear Ms. Stevenson: As you know, we represent Terry Cole. We have provided you with a thorough history of the driveway property together with copies of relevant deeds and surveys of record proving Terry Cole is a joint owner of the driveway. For some reason, you seem unconvinced that Terry Cole is a jointowner of the drivêway and thatyou cannot continue to interfere with his use of it.Terry has asked you and other occupants of your home to remove the obstacles you placed in the drivêway and to stopharassing him and the fanners he has authorized to use the driveway. You have refused to do this. At this point we intend to pursue one of the following two options: 1. Purchase Offer: We have enclosed a signed purchase offer from Terry Cole for the purchase of your property and your half of the driveway parcel. This offer does not have any conditions and he isready to close and pay you as soon as possible. The amount of this offer is for the current assessed value of the property and gives you until the end of thisyear to move. 2. Court Order: Ifyou do not accept the Purchase Offer or remove allof the obstacles in the driveway by November 20, 2020, you will force us to seek a Court Order directirigyou to remove the obstacles. Ifyou do not comply with this court order you may be arrested and face jailtime. If you are interested in our Purchase Offer please call me at your convenience. If you have an attorney please have them call me instead. Kind en R. Brainard, Jr. cc: Terry Cole P.O. Box 6435 [ lthaca, New York 14851-6435 | 607.273.4200 tel | 607.272.6694 fax | www.millermayer.com FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 Index #: EF2021-0164 Cl2021-11609 A T T O R N E Y 8 A T L A W HAYDEN R. SRAINARD, JR. PARTN,ER hrb@millerma er.com December 21, 2020 Ms. Beverly Stevenson 171 Harvey Hill Road Ithaca, NY 14850 Re: 171 Harvey Hill Road Driveway Maintenance Dear Ms. Stevenson: In response to our last letterand Terry Cole's offer to purchase your property, your friend Shawn called and left me a message. In his voicemail he stated the he (you) has been paying taxes for the driveway property. This statement is untrue. I have receipts shewing that Terry has paid allof the taxes for the drivcway parcel, and thatyou have not paid any part of those taxes. We will send you a bill foryour half of the taxes. Also in his message, he stated Terry has never assisted in maintenance of the driveway. He also stated that he (you) has spent money on driveway maintenance. Neither of these statements is true.You have never asked Terry to assist you with maintenance of the driveway. You have not presented Terry with any receipts showiñg you spent any money on drivêway maintenance. Terry has not seen any evidence that you have made an effort to maintain or improve the driveway, despite your claims. will maintain the and to his half of the expenses to do so. is also to Terry help driveway pay Terry willing make all arrangements necessary to smooth out the driveway, fill and level low areas with gravel, clear brush and attempt to direct runoff into the ditch. We expect that adding gravel to the drivcway would be the primary expense. Because the driveway is approximately 900 feet long, using gravel to level it will likely could cost at least $2,000, and likely more. Each of you would pay one half,approximately $1,000. This maintenance of the driveway will require removal of allfences that you have installed in and along the driveway. Italso requires removal of the camper you have parked in the middle of the driveway. If you need help moving itplease letus know. If you are able to take the ce2nper directly to the scrap yard you might get some value from itto apply to your half of the driveway maintanance costs. The scrap yard may also be willing to come and get itat your property ifyou cannot move it. Terry is ready to do this work now. Please callme to make arrangements for thiswork to be done as soon as possible. If we cannot proceed with driveway maintenance by Jañüary 11, 2021 we are going to court to force you to do so. If you do not comply with a court order you may be arrested and face jail time. Kind reprds cc: Terry Cole RO. Box6435 Ithaca, New York 14851-6435 I 607.273.4200 tel | 607.272.6694 fax | www.millermayer.com FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 Index #: EF2021-0164 CI2021-11609 MILLER MAYERB ATTORNEYS AT LAW CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY PART A 1. GENERAL This Contract consists of Part A, Part B as recorded in the Tompkins County Clerk's Office as Instrument Number 2017-05133, and any Addenda signed by the Seller and the Buyer. This Contract for Sale and Purchase of Real Property (hereinafter the becomes a "Contract") binding legal instrument when signed and a legally binding ccñtract when executed both parties. The by Selier and the Buyer should each consult an attorney before ::igning this document or arrange for attorney approval within the time frame set forth herein. The form of thisContract has been approved by the Ithaca Board of Realtors, Inc. and the Tompkins County Bar Association, Inc. 2. PARTIES SELLER Name(s) : BUYER : Name(s) 8everty Jane S tevenson Terry Cole Address(es): Address(es): 171 Harvey HillR oad, Ithaca,NY 14850 159 Harvey HillRoad, lthaca, NY 14850 Phone(s): Phone(s): Email(s): Email(s): Agents and Attorneys Listing Agent/License No. Selling Agent/License No. none none Brokerage/License No. Brokeragc/License No. Ph· Ph: Fax Fax: Email:___ Email: Seller /Office Buyer Attorñcy/Office Attorney Hayden R. Brainaltl,Esq,, MillerMapr. LLP Ph: Fax: Ph: 607-273-4200 Fax: Email: Email: brbe millermayer.com Seller Initials BnycrinitiaisPW_1 T Part A Page 1 of4 Address: 171 Harvey HillRoad, lthaca, NY 1485 FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 Index #: EF2021-0164 C12021-11609 A T T O R N E Y S A T L A W JESSICA J. RAPP, ESQ. ASSOCIATE JJR d)MILLERMAYER.COM June 8, 2021 VIA USPS Ms. Beverly Stevenson 171 Harvey Hill Road Ithaca, NY 14850 Re: Index No.: EF2021-0164; RJI No.: 2021-0098-M Dear Ms. Stevenson: Enclosed for your records isa Reply Affirmation that was filedclectr0ñically through the NYSCEF system. Kind regards, J ica J. Rapp, Esq. ALV/JJR Enc. cc: Terry Cole (via email) - ClientFiles\20731\002- C:\Users\Amber\Box\H Nuisance case\Draft correspondence\Ltr to Beverlywithaff_6.82021.docx FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NC. 23 RECEIVED NYSCEF: 05/25/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 O Index #: EF2021-0164 4 CI2021-11609 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS TERRY COLE, Plaintiff, REPLY AFFIRMATION v. Index No: EF2021-0164 BEVERLY STEVESON and RJI No.: 2021-0098-M SHAWN ROWSER, Defendants. Jessica J. Rapp, Esq., an attorney duly admitted to practice lew in the courts of the State of New York, hereby affirms as follows under penalty of perjury: 1. 1 am a member of the law firm Miller Mayer, LLP, attorneys for the Plaintiff Terry Cole, and I submit this Affirmation in support of the relief sought in Plaintiffs Order to Show Cause and in response to the letter submitted by Defendant Shawn Rowser ("Defendant Rowser") on April 30, 2021. I make this Affirmation instead of Plaintiff as I am fully familiar with the facts and circumstances contained herein. 2. Defêñdañt Rowser has admitted in his letter to placing the obstructions on and near the Driveway Parcel, which prevent Plaintiff and those permitted by him from rightfully accessing Plaintiffs land. 3. Reading Defendant Rowser's letter in the best possible light, these are his arguments that I was able to discern: a. Plaintiff does not use his farmland; b. Plaintiff is paid by the person renting his farmland and is therefore paid for the use of the Driveway Parcel; c. Plaintiff has not maintained the Driveway Parcel; d. Farming equipment ran over an ADT sign posted next to the Driveway Parcel; "spring" e. There is a and pond somewhere near the Driveway Parcel, and Defendant Rowser does not want Plaintiff or those permitted by Plaintiff to drive past it. MILLERMAYER.LLP 215EastStateStreet Ithaca.NewYork14350 (607)273-4200 FILED: TOMPKINS COUNTY CLERK 07/13/2021 11:54 AM INDEX NO. EF2021-0164 NYSCEF DOC. NC. 23 RECEIVED NYSCEF: 05/25/20 1 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/13/2021 D Index #: EF2021-0164 5 CI2021-11609 4. None of Defendant Rowser's arguments negate or alter the facts of this case: that Plaintiff is part-owner the Driveway Parcel, Plaintiff possesses a right of way extending past the Driveway Parcel leading to farmlands owned by him, and Defendants are interfering with Plaintiff's property rights by impermissibly blocking access to Plaintiff s farmland. WHEREFORE Plaintiff respectfully requests that the Court issue an order for the following relief: 1. Defendants to remove the obstructions from the .0389-acre of Tax Parcel 14.- Directing strip land, 1-1.34, part of Military Lot 68 in the town of Enfield, New York ("Driveway Parcel") ! 2. Temporarily, preliminary and/or permanently enjoining and restraining the Defendants and those in concert or participation with Defendants from directly or indirectly: a. Engaging in any conduct that interferes with the property rights of Plaintiff and those permitted by Plaintiff to use and enjoy Plaintiff's land; b. in conduct that interferes with the rights of Plaintiff and those i Engaging any property permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access Plaintiff's land; c. Engaging in any conduct that harasses Plaintiff or those permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access Plaintiff's land; d. Obstructing the Driveway Parcel; and e. Causing intentional damage to the Driveway Parcel. 3. For such other and further relief as to this Court appears just and proper. Dated: May 25, 2021 Je ca J. Rapp, Esq. Mi er Mayer, LLP Attorneys for Plaintiff 215 East State Street, Suite 200 PO Box 6435 Ithaca, NY 14851-6435 MILLERMAYER.LLP 2 215EastStateStreet lthaca.NewYork14850 (607)2734200