Preview
FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
DISCLOSURE OF EXPERT
KENNETH MILLER, PURSUANT TO RULE NO. 11
OF THE JEFFERSON COUNTY
SUPREME COURT GENERAL
Plaintiff, RULES FOR JURY TRIALS
v.
Index No. EF2018-00001369
ERIC BEVARD, GRETCHEN BEVARD, and
DAVID STROTHERS,
Defendants.
Defendant David Strothers makes this expert disclosure pursuant to Rule No. 11 of the
Jefferson County Supreme Court General Rules for Jury Trials.
1. Defendant David Strothers expects to call Attorney Timothy A. Farley, Esq. as an
expert witness at trial.
2. It is anticipated that Attorney Farley will testify that he represented Defendant David
Strothers in the purchase of his property from Bernard L. Harvey and Mary Jane Harvey in June of
2015. Mr. Farley will produce the contents of his closing file. He will also testify from the abstract
of title utilized by him in performing the real estate closing, and with reference to an ancient filed
Roeschlaub"
map entitled "Survey of proposed lots of lands of Edith R. Abbey initially dated
September 30, 1984 and revised in August 1996.
3. Mr. Farley will testify that, in his opinion, the deed from Edith R. Abbey Roeschlaub
to Mervin Miller and Barbara Miller, dated November 5, 1984 and recorded in the Office of the
Jefferson County Clerk on July 29, 1987, containing language conveying to the grantees the use of,
along with others, a parcel of land to be used for docking boats, fishing, swimming and as a picnic
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FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020
premises" grantor."
area, made clear that the "use of said was "subject to the sale of the same by the
He will further testify that the parcel of land allowed to be used by the Millers for docking boats,
fishing, swimming and as a picnic area, was delineated on a certain survey of proposed lots of land
prepared by Robert C. Huntley, Land Surveyor, on September 30, 1984, and that the area was
area"
described as a "recreation upon Roeschlaub's lands. Mr. Farley will testify that, with the
Roeschlaub deed to Bernard Harvey in 1996, the use on lands identified as existing north of the
0.169 acre parcel shown on the 1984 survey was extinguished by the conveyance to Mr. Harvey of a
new, larger lot of 0.252 acres, and that whatever privileges of use which may have inured to the
benefit of Miller, by the 1984 deed, were eliminated by the Roeschlaub deed to Harvey. He will
testify that the August 1996 revision to the survey was performed by the same Robert C. Huntley,
Land Surveyor, and clearly reflects "1. remove 0.159 acres/recreation area; 2. add 0.252 acre lot,
way."
with pumps and water lines; 3. change title; and 4. add 0.043 acres right of
4. Mr. Farley will further testify that, because all of the interests of Bernard Harvey
(later also with his wife Mary Jane) in the 0.252 acre parcel were conveyed to Defendant David
Strothers' area."
Strothers, the property now enjoys the same freedom from the claimed "recreation
5. A summary of the grounds for Mr. Farley's testimony will include: The abstract of
Strothers'
title for the property; a 1984 "Survey of Proposed Lots of Lands of Edith R. Abbey"; and
Roeschlaub."
the 1996 "Survey of Proposed Lots of Lands of Edith R. Abbey
6. A copy of Mr. Farley's curriculum vitae is attached as Exhibit "A".
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FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020
Dated: September 3, 2020
Robert J. Sl e sq.
SLYE LAW OFFICES, P.C.
Attorneys for Defendant
David Strothers
Office and P. O. Address
104 Washington Street
Watertown, New York 13601
Telephone: (315) 786-0266
TO: Thomas P. Givas, Esq.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Attorneys for Plaintiff
614 James Street, Suite 100
Syracuse, New York 13203-2000
Telephone No.: (315) 472-4481
Roger W. Bradley, Esq.
Melvin & Melvin, PLLC
Attorneys for Defendants
Eric Bevard and Gretchen Bevard
217 South Salina Street
Syracuse, New York 13202
Telephone: (315) 422-1311
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Preview
FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON DISCLOSURE OF EXPERT KENNETH MILLER, PURSUANT TO RULE NO. 11 OF THE JEFFERSON COUNTY SUPREME COURT GENERAL Plaintiff, RULES FOR JURY TRIALS v. Index No. EF2018-00001369 ERIC BEVARD, GRETCHEN BEVARD, and DAVID STROTHERS, Defendants. Defendant David Strothers makes this expert disclosure pursuant to Rule No. 11 of the Jefferson County Supreme Court General Rules for Jury Trials. 1. Defendant David Strothers expects to call Attorney Timothy A. Farley, Esq. as an expert witness at trial. 2. It is anticipated that Attorney Farley will testify that he represented Defendant David Strothers in the purchase of his property from Bernard L. Harvey and Mary Jane Harvey in June of 2015. Mr. Farley will produce the contents of his closing file. He will also testify from the abstract of title utilized by him in performing the real estate closing, and with reference to an ancient filed Roeschlaub" map entitled "Survey of proposed lots of lands of Edith R. Abbey initially dated September 30, 1984 and revised in August 1996. 3. Mr. Farley will testify that, in his opinion, the deed from Edith R. Abbey Roeschlaub to Mervin Miller and Barbara Miller, dated November 5, 1984 and recorded in the Office of the Jefferson County Clerk on July 29, 1987, containing language conveying to the grantees the use of, along with others, a parcel of land to be used for docking boats, fishing, swimming and as a picnic 1 of 3 FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020 premises" grantor." area, made clear that the "use of said was "subject to the sale of the same by the He will further testify that the parcel of land allowed to be used by the Millers for docking boats, fishing, swimming and as a picnic area, was delineated on a certain survey of proposed lots of land prepared by Robert C. Huntley, Land Surveyor, on September 30, 1984, and that the area was area" described as a "recreation upon Roeschlaub's lands. Mr. Farley will testify that, with the Roeschlaub deed to Bernard Harvey in 1996, the use on lands identified as existing north of the 0.169 acre parcel shown on the 1984 survey was extinguished by the conveyance to Mr. Harvey of a new, larger lot of 0.252 acres, and that whatever privileges of use which may have inured to the benefit of Miller, by the 1984 deed, were eliminated by the Roeschlaub deed to Harvey. He will testify that the August 1996 revision to the survey was performed by the same Robert C. Huntley, Land Surveyor, and clearly reflects "1. remove 0.159 acres/recreation area; 2. add 0.252 acre lot, way." with pumps and water lines; 3. change title; and 4. add 0.043 acres right of 4. Mr. Farley will further testify that, because all of the interests of Bernard Harvey (later also with his wife Mary Jane) in the 0.252 acre parcel were conveyed to Defendant David Strothers' area." Strothers, the property now enjoys the same freedom from the claimed "recreation 5. A summary of the grounds for Mr. Farley's testimony will include: The abstract of Strothers' title for the property; a 1984 "Survey of Proposed Lots of Lands of Edith R. Abbey"; and Roeschlaub." the 1996 "Survey of Proposed Lots of Lands of Edith R. Abbey 6. A copy of Mr. Farley's curriculum vitae is attached as Exhibit "A". 2 2 of 3 FILED: JEFFERSON COUNTY CLERK 09/03/2020 01:17 PM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/03/2020 Dated: September 3, 2020 Robert J. Sl e sq. SLYE LAW OFFICES, P.C. Attorneys for Defendant David Strothers Office and P. O. Address 104 Washington Street Watertown, New York 13601 Telephone: (315) 786-0266 TO: Thomas P. Givas, Esq. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Attorneys for Plaintiff 614 James Street, Suite 100 Syracuse, New York 13203-2000 Telephone No.: (315) 472-4481 Roger W. Bradley, Esq. Melvin & Melvin, PLLC Attorneys for Defendants Eric Bevard and Gretchen Bevard 217 South Salina Street Syracuse, New York 13202 Telephone: (315) 422-1311 3 3 of 3