On June 07, 2018 a
Trial
was filed
involving a dispute between
Kenneth Miller,
and
David Strothers,
Eric Bevard,
Gretchen Bevard,
for Real Property - Other (Declaratory Judgment/Ease)
in the District Court of Jefferson County.
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FILED: JEFFERSON COUNTY CLERK 10/01/2020 10:29 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/01/2020
SUPREME COURT
STATE OF NEW YORK COUNTY OF JEFFERSON
KENNETH MILLER,
Plaintiff,
PLAINTIFF'S EXPERT
WITNESS DISCLOSURE
vs. INDEX NO.: EF2018-00001369
Honorable James P. McClusky
ERIC BEVARD, GRETCHEN BEVARD and
DAVID STROTHERS
Defendants.
The Plaintiff, Kenneth Miller, by and through its attorneys, Pappas, Cox, Kimpel, Dodd
& Levine, P.C., as and for an expert witness response, states the following:
1. In the event the Court allows the Defendants to call expert witnesses, the Plaintiff,
Kenneth Miller, intends to call Michael J. Yonkovig, Esq. as a rebuttal an Expert Witness at trial.
Mr. Yonkovig is the President of Brownell Abstract Corporation, which is located at 135 Park
Place, Watertown, New York 13601; Telephone number 315-782-7130.
2. Mr. Yonkovig will testify with regard to his research and review of the deeds,
surveys and abstracts for the three properties in question in this law suit currently owned by
Kenneth Miller, Eric and Gretchen Bevard and David Strothers.
3. The Expert is expected to testify concerning his review of the court records,
deeds, the surveys and the easements contained in those deeds. Based upon the expert's
inspection, the expert has formed an opinion that the easement rights granted to the Millers are in
full force and effect. Also the Expert is expected to testify as to the facts and opinion set forth in
his report, a copy of which is annexed hereto and made a part hereof and labeled Exhibit A.
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FILED: JEFFERSON COUNTY CLERK 10/01/2020 10:29 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/01/2020
4. The Expert is an attorney who has been reviewing title and resolving title issues
for a period in excess of seven years. His qualifications are set forth in the Curriculum Vitae
which is annexed hereto and made a part hereof and labeled Exhibit B.
5. The grounds for the expert's opinion include his research, review of the deeds and
abstract, together with his experience in the industry.
PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT WITNESS
DISCLOSURE UP UNTIL THE TIME 0E TRIAL
Dated: September 30, 2020
THOMAS P. AS, Esq.
PAPPAS, C KIMPEL, D D & LEVINE, P.C.
Attorneys for the Plaintiff
Office and Post Office Address
614 James Street
Suite 100
Syracuse, New York 13203
Telephone: (315) 472-4481
Fax: (315) 472-8299
Email: tgivas@pappascoxlaw.com
TO: Robert J. Slye, Esq.
Slye Law Offices, P.C.
Attorney for Defendant Strothers
Office & P. O. Address
104 Washington Street
Watertown, NY 13601
Roger W. Bradley, Esq.
Melvin & Melvin, PLLC
Attorneys for Defendants Bevard
217 South Salina Street
Syracuse, NY 13202
Pappas, Cox, Kimpel,Dodd & Levine, P.C.
Syracuse, New York Page 2 of 2
2 of 2
Document Filed Date
October 01, 2020
Case Filing Date
June 07, 2018
Category
Real Property - Other (Declaratory Judgment/Ease)
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FILED: JEFFERSON COUNTY CLERK 10/01/2020 10:29 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/01/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF JEFFERSON KENNETH MILLER, Plaintiff, PLAINTIFF'S EXPERT WITNESS DISCLOSURE vs. INDEX NO.: EF2018-00001369 Honorable James P. McClusky ERIC BEVARD, GRETCHEN BEVARD and DAVID STROTHERS Defendants. The Plaintiff, Kenneth Miller, by and through its attorneys, Pappas, Cox, Kimpel, Dodd & Levine, P.C., as and for an expert witness response, states the following: 1. In the event the Court allows the Defendants to call expert witnesses, the Plaintiff, Kenneth Miller, intends to call Michael J. Yonkovig, Esq. as a rebuttal an Expert Witness at trial. Mr. Yonkovig is the President of Brownell Abstract Corporation, which is located at 135 Park Place, Watertown, New York 13601; Telephone number 315-782-7130. 2. Mr. Yonkovig will testify with regard to his research and review of the deeds, surveys and abstracts for the three properties in question in this law suit currently owned by Kenneth Miller, Eric and Gretchen Bevard and David Strothers. 3. The Expert is expected to testify concerning his review of the court records, deeds, the surveys and the easements contained in those deeds. Based upon the expert's inspection, the expert has formed an opinion that the easement rights granted to the Millers are in full force and effect. Also the Expert is expected to testify as to the facts and opinion set forth in his report, a copy of which is annexed hereto and made a part hereof and labeled Exhibit A. 1 of 2 FILED: JEFFERSON COUNTY CLERK 10/01/2020 10:29 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 10/01/2020 4. The Expert is an attorney who has been reviewing title and resolving title issues for a period in excess of seven years. His qualifications are set forth in the Curriculum Vitae which is annexed hereto and made a part hereof and labeled Exhibit B. 5. The grounds for the expert's opinion include his research, review of the deeds and abstract, together with his experience in the industry. PLAINTIFF RESERVES THE RIGHT TO SUPPLEMENT THIS EXPERT WITNESS DISCLOSURE UP UNTIL THE TIME 0E TRIAL Dated: September 30, 2020 THOMAS P. AS, Esq. PAPPAS, C KIMPEL, D D & LEVINE, P.C. Attorneys for the Plaintiff Office and Post Office Address 614 James Street Suite 100 Syracuse, New York 13203 Telephone: (315) 472-4481 Fax: (315) 472-8299 Email: tgivas@pappascoxlaw.com TO: Robert J. Slye, Esq. Slye Law Offices, P.C. Attorney for Defendant Strothers Office & P. O. Address 104 Washington Street Watertown, NY 13601 Roger W. Bradley, Esq. Melvin & Melvin, PLLC Attorneys for Defendants Bevard 217 South Salina Street Syracuse, NY 13202 Pappas, Cox, Kimpel,Dodd & Levine, P.C. Syracuse, New York Page 2 of 2 2 of 2