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FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022
EXHIBIT I
FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022
, Pappas, Cox,
Kimpel, Dodd & Levine, P.C.
ROBERTB.COX(1944-2015)
C.ANDREWPAPPAS ATTORNEYS AND COUNSELORS AT LAW
THOMASP. GIVAS° 614 JAMES STREET, SUITE 100 OFCOUNSEL
P.DOUGLASDODD°•t SYRACUSE, NEW YORK 13203-2000
DAVIDP. DOHERTYâ€
VICTORJ. HERSHDORFER Telephone(315)472-4481 BENJAMIND.LEVINE•
DAVIDS. KlMPEL
Facsimile(315)472-8299
www.pappascoxlaw.com
°ALSOADMITTEDIN PENNSYLVANIA
•ALSOADMITTEDIN FLORIDA
t ALSOADMITTEDIN MASSACHUSETTS
September 30, 2021
Roger Bradley, Esq.
Melvin & Melvin
217 South Salina Street
Syracuse, NY 13202-1390
Re: Miller vs. Bevard and Strothers
Dear Roger:
My letter to you of September 14, 2021, clearly set forth the easements for access to
this property which were contained in allof the deeds involved. The Roeschlaub's deed
to Strothers also specifically granted a right to use the driveway. The language stated
"Also granting and conveying a right of ingress and egress for vehicles and pedestrians
along the existing gravel drive and extension thereof to the above described 0.25 acre
parcel to be subject to the use thereof by the Grantor and said Millers, their heirs and
assigns, said drive and extension thereof to be contained within the following described
land."
parcel of
As such, these are express easements which may not be contested.
Apparently, immediately after receipt of the letter your client intentionally moved a
mailbox and put a permanent structure in the driveway. Itappears this action was an
improper and intentional attempt to obstruct and limit the use of the easement. As such,
the item should be removed immediately.
In the meantime, we received your e-mail. Needless to say, we believe your analysis is
totally incorrect. The easements are clearly established in the deeds. The lawsuit had
nothing to do with the access easement, and made no changes to those easements.
Thus, we expect the mailbox and structure to be removed or itwill be addressed in
further proceedings. In addition, the record will be out for your review shortly.
Thank you in advance for your cooperation.
Very truly yours,
THOMAS P. GIVAS
TPG/bb
Copy: Robert Slye, Esq.
FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 165
¬ RECEIVED NYSCEF: 02/22/2022
Ÿ
Pappas, Cox,
Kimpel, Dodd & Levine, P.C.
ROBERTB.COX(1944-2015)
C.ANDREWPAPPAS ATTORNEYS AND COUNSELORS AT LAW
THOMASP. GIVAS° 614 JAMES STREET, SUITE 100 OFCOUNSEL
P.DOUGLASDODD°•t SYRACUSE, NEW YORK 13203-2000
DAVIDP. DOHERTYâ€
VICTORJ. HERSHDORFER Telephone(315)4724481 BENJAMIND.LEVINE•
DAVIDS. KIMPEL
Facsimile(315)472-8299
www.DapDARCGXIBW.CGm
"ALSOADMITTEDIN PENNSYLVANIA
•ALSOADMRTEDIN FLORIDA
t ALSOADMITTEDIN MASSACHUSETTS
September 14, 2021
Roger Bradley, Esq.
Melvin & Melvin
217 South Salina Street
Syracuse, NY 13202-1390
Re: Miller vs. Bevard and Strothers
Dear Roger:
I have been advised by my client that Mr. Bevard, once again, made improper and
incorrect assertion relating to the driveway. Please review the appropriate from the
deeds and advise your client.
First, the deed to the Millers specifically provided "The Grantees herein accept this
property subject to the following conditions, all of which the grantees herein accept and
agree to:
"Accessibility to lake is granted to grantees by corridor ten (10) fee wide from point of
southwesterly surveyor's stake of Miller property to northwesterly stake of Miller
property, east ten (10) feet to the southwesterly stake of Abbey property following a
northerly line ten (10) feet wide to a stake at northwesterly Abbey property, a recreation
area."
The Rcesch|aub's deed to Strothers also specifically granted a right to use the
driveway. The language stated "Also granting and conveying a right of ingress and
egress for vehicles and pedestrians along the existing gravel drive and extension
thereof to the above described 0.25 acre parcel to be subject to the use thereof by the
Grantor and said Millers, their heirs and assigns, said drive and extension thereof to be
land."
contained within the folicwiñg described parcel of
Finally, the deed to your clients specifically provided as follows: "The above described
parcel is subject to the rights of ingress an egress across said parcel described in the
FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022
, Pappas, Cox,
Roger Bradley, Esq.
Kimpel, Dodd & Levine,P.C· September 2021
14,
Page 2
above mentioned deeds to Harvey (Liber 1541, Page 314) and Miller (Liber 1081, Page
246).
Thus, your client's purchase was subject to all of these existing easements. As such,
the Millers have the right of ingress and egress to the driveway which is adjacent to their
property. Please advise your client to stop making any improper or incorrect remarks.
Continued remarks will be considered harassment.
Very truly yours,
THOMAS P. GIVAS
tgivas@pappascoxIaw.com
TPG/bb
Copy: Robert Slye, Esq.
Preview
FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022 EXHIBIT I FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022 , Pappas, Cox, Kimpel, Dodd & Levine, P.C. ROBERTB.COX(1944-2015) C.ANDREWPAPPAS ATTORNEYS AND COUNSELORS AT LAW THOMASP. GIVAS° 614 JAMES STREET, SUITE 100 OFCOUNSEL P.DOUGLASDODD°•t SYRACUSE, NEW YORK 13203-2000 DAVIDP. DOHERTY†VICTORJ. HERSHDORFER Telephone(315)472-4481 BENJAMIND.LEVINE• DAVIDS. KlMPEL Facsimile(315)472-8299 www.pappascoxlaw.com °ALSOADMITTEDIN PENNSYLVANIA •ALSOADMITTEDIN FLORIDA t ALSOADMITTEDIN MASSACHUSETTS September 30, 2021 Roger Bradley, Esq. Melvin & Melvin 217 South Salina Street Syracuse, NY 13202-1390 Re: Miller vs. Bevard and Strothers Dear Roger: My letter to you of September 14, 2021, clearly set forth the easements for access to this property which were contained in allof the deeds involved. The Roeschlaub's deed to Strothers also specifically granted a right to use the driveway. The language stated "Also granting and conveying a right of ingress and egress for vehicles and pedestrians along the existing gravel drive and extension thereof to the above described 0.25 acre parcel to be subject to the use thereof by the Grantor and said Millers, their heirs and assigns, said drive and extension thereof to be contained within the following described land." parcel of As such, these are express easements which may not be contested. Apparently, immediately after receipt of the letter your client intentionally moved a mailbox and put a permanent structure in the driveway. Itappears this action was an improper and intentional attempt to obstruct and limit the use of the easement. As such, the item should be removed immediately. In the meantime, we received your e-mail. Needless to say, we believe your analysis is totally incorrect. The easements are clearly established in the deeds. The lawsuit had nothing to do with the access easement, and made no changes to those easements. Thus, we expect the mailbox and structure to be removed or itwill be addressed in further proceedings. In addition, the record will be out for your review shortly. Thank you in advance for your cooperation. Very truly yours, THOMAS P. GIVAS TPG/bb Copy: Robert Slye, Esq. FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 165 ¬ RECEIVED NYSCEF: 02/22/2022 Ÿ Pappas, Cox, Kimpel, Dodd & Levine, P.C. ROBERTB.COX(1944-2015) C.ANDREWPAPPAS ATTORNEYS AND COUNSELORS AT LAW THOMASP. GIVAS° 614 JAMES STREET, SUITE 100 OFCOUNSEL P.DOUGLASDODD°•t SYRACUSE, NEW YORK 13203-2000 DAVIDP. DOHERTY†VICTORJ. HERSHDORFER Telephone(315)4724481 BENJAMIND.LEVINE• DAVIDS. KIMPEL Facsimile(315)472-8299 www.DapDARCGXIBW.CGm "ALSOADMITTEDIN PENNSYLVANIA •ALSOADMRTEDIN FLORIDA t ALSOADMITTEDIN MASSACHUSETTS September 14, 2021 Roger Bradley, Esq. Melvin & Melvin 217 South Salina Street Syracuse, NY 13202-1390 Re: Miller vs. Bevard and Strothers Dear Roger: I have been advised by my client that Mr. Bevard, once again, made improper and incorrect assertion relating to the driveway. Please review the appropriate from the deeds and advise your client. First, the deed to the Millers specifically provided "The Grantees herein accept this property subject to the following conditions, all of which the grantees herein accept and agree to: "Accessibility to lake is granted to grantees by corridor ten (10) fee wide from point of southwesterly surveyor's stake of Miller property to northwesterly stake of Miller property, east ten (10) feet to the southwesterly stake of Abbey property following a northerly line ten (10) feet wide to a stake at northwesterly Abbey property, a recreation area." The Rcesch|aub's deed to Strothers also specifically granted a right to use the driveway. The language stated "Also granting and conveying a right of ingress and egress for vehicles and pedestrians along the existing gravel drive and extension thereof to the above described 0.25 acre parcel to be subject to the use thereof by the Grantor and said Millers, their heirs and assigns, said drive and extension thereof to be land." contained within the folicwiñg described parcel of Finally, the deed to your clients specifically provided as follows: "The above described parcel is subject to the rights of ingress an egress across said parcel described in the FILED: JEFFERSON COUNTY CLERK 02/22/2022 11:18 AM INDEX NO. EF2018-00001369 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 02/22/2022 , Pappas, Cox, Roger Bradley, Esq. Kimpel, Dodd & Levine,P.C· September 2021 14, Page 2 above mentioned deeds to Harvey (Liber 1541, Page 314) and Miller (Liber 1081, Page 246). Thus, your client's purchase was subject to all of these existing easements. As such, the Millers have the right of ingress and egress to the driveway which is adjacent to their property. Please advise your client to stop making any improper or incorrect remarks. Continued remarks will be considered harassment. Very truly yours, THOMAS P. GIVAS tgivas@pappascoxIaw.com TPG/bb Copy: Robert Slye, Esq.