Preview
FILED: NIAGARA INDEX NO. E160258/2016
COUNTY CLERK 1272072016 04:13 PM
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/20/2016
Supreme Court
State of New York County of Niagara
Randy E. Morris,
Plaintiff,
Complaint
Vv
Richard G. Morris, Dennis P. Morris, and
Ellen Halstead, Index #
Defendants,
Plaintiff, by his attorneys, Brandt, Roberson & Brandt, PC, as and for his
complaint, states as follows:
1 This is an action brought pursuant to New York State Real Property
Actions and Proceedings Law, Article 9, for partition of property
owned by plaintiff and defendants.
Plaintiff resides in Niagara County.
The property that is subject to this action is in Niagara County and
is commonly known as 140 Chestnut St., Youngstown, NY 14174
(Premises). Venue is properly brought in Niagara County.
The Premises are owned by plaintiff and defendants as tenants-in-
common by virtue of the deed recorded on May 29, 2002 in the
Niagara County Clerk’s Office and recorded in Liber 3199 of Deeds
at page 026.
A copy of the deed conveying title to the Premises is attached as
Exhibit A.
The plaintiff and the defendants constitute all of the “necessary
parties” as required by RPAPL section 903.
Filed in Niagara County Clerk's Office 12/20/2016 of 5 Index # E160258/2016
Exhibit A.
The plaintiff and the defendants constitute all of the “necessary
parties” as required by RPAPL section 903.
On information and belief, there are no lien holders and the
Premises has no tenants.
Defendant Dennis P. Morris, who is in residence at the Premises as
one of the tenants in common, has barred plaintiff from the
premises. Additionally, the parties have been unable to agree on the
proper use, maintenance, and distribution of the Premises.
10. The parties do not own any other lands in common.
Wherefore, plaintiff demands judgment for a partition and division of the
real property described above according to the respective rights of the parties
interested in the property, but if a partition cannot be made without great
prejudice to the owners, then plaintiff demands the sale of the property be
ordered and that the proceeds be divided among the parties according to the
respective rights after the payment of lawful costs and expenses, together with
such other and further relief as the court deems proper and the costs and
disbursements of this action.
Dated: Lockport, New York
December 20, 2016
Brandt, Roberson & Brandt, P.C.
Attorneys for Plaintiff
Town
By: BArsil B
Thomas H. Brandt,
Of counsel
929 Lincoln Ave
Lockport, NY 14094
(716) 483-5941
tombrandtlkpt@yahoo.com
20f5
INDIVIDUAL VERIFICATION
State of New York )
County of Niagara ) ss.:
I, Randy E. Morris, being duly sworn deposes and says that I am the
plaintiff in this action; that I have read the foregoing complaint and know the
contents thereof; that the same is true to the knowledge of deponent, except as
to the matters therein stated to be alleged on information belief and that as to
those matters I believe it to be true.
Sworn to before me this
20" day of December, 2016
Bown
p | Sretf—
Notary Public
<=
3
Notary Publ Sito of (NDT
New York
Qilalified in Niagara Count
ion Expires Sept: 30, 20/9.
3 0f 5
aot: tt 149319900027
QUITCLAIM DEED
THIS INDENTURE, made the aghh day of, May +2002
BETWEEN
RICHARD E. MORRIS and HILDA E, MORRIS, his wif fe, residing at
140 Chestnut Street, Youngstown, New York, parties of the first part
AND
RICHARD G. MORRIS, residing at 505 Church Street, Youngstown, New
York, 14274; DENNIS P, MORRIS, residing at 140 Chestnut Street, Youngstown,
New York, 14174; RANDY E. MORRIS, residing at 326 Brampton Road,
Youngstown, New York, 14174; and ELLEN HALSTEAD, residing at 25 Hunter
Street, Bergen, New York, 14416; parties of the second part,
‘WITNESSETH, that the parties of the first part, in consideration of
ONE DOLLAR and NO MORE ($1.00 and no more) paid by the parties of the
second part does hereby remise, release and quitclaim unto the Patties of the
second part, their heirs and assigns forever,
ALL THAT TRACT OR PARCEL OF LAND, situate in the
Village of‘Youngstown, ‘Town of Porter, County of Niagara and State of New York,
being part of Lot A of the Fort Niagara Tract and being Subdivision Lot No. 8 on
the northerly side of Chestnut Street as said lot is shown on Map of part of Village
of Youngstown, Niagara County, New York, comprising that part of the Fort
‘Niagara Tract which is designated as Lot A, made for William Clark & S, B. Piper
by J. P, Haines, Surveyor in 1845 and filed in Niagara County Clerk's Office,
February 2, 1851, now under Cover No. 178, now in Book 8 of Microfilmed Maps
al Page 776.
BEING THE SAME PREMISES conveyed by TODD J. ARMSTRONG and
MARGARET C. ARMSTRONG, his wife, to RICHARD E. MORRIS and HILDA E.
MORRIS, his wife, by Warranty Deed recorded in the Niagara County Clerk's
Office, Liber 1507 Page 282 on July 2, 1970.
RESERVING, however, to the parties of the first part, a legal life estate
including the exclusive possession and the use and enjoyment of said premises
for and during the natural lifetime of the parties of the first part,
‘This conveyance is not made in fraud of the creditors of the grantor nor
does it render him/her insolvent.
Together with the appurtenances and all the estate and rights of the
parties ef Ee: St part ii aud tu suid preiuises,
ofthe fx:
‘To have and to hold the premises herein granted unto the parties of the
second part, their heirs and assigns forever.
ExA 4 of 5
: 108319926028
IN WITNESS WHERE OF, the parties of the first part have
hereunto set their hands and seal the day and year first above written.
IN THE PRESENCE OF :
2
RICHARD E, MORRIS
hh ~
HILDA E, MO}
STATE OF NEW YORK )
COUNTY OF NIAGARA) SS:
On this “aay of
cn in the year 2002, before me, the
undersigned, personally appe: aréd@RICHARD E, MORRIS and HILDA E,
MORRIS personally lnown to me or proved to me on the basis of satisfact
ory
evidence to be the individual(s) wh ‘ose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
NO PU iT
GLORIAR. EN
a EO TATE OF NEWYORK
MY
AC 69
a,
5 of 5
Preview
FILED: NIAGARA INDEX NO. E160258/2016 COUNTY CLERK 1272072016 04:13 PM NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/20/2016 Supreme Court State of New York County of Niagara Randy E. Morris, Plaintiff, Complaint Vv Richard G. Morris, Dennis P. Morris, and Ellen Halstead, Index # Defendants, Plaintiff, by his attorneys, Brandt, Roberson & Brandt, PC, as and for his complaint, states as follows: 1 This is an action brought pursuant to New York State Real Property Actions and Proceedings Law, Article 9, for partition of property owned by plaintiff and defendants. Plaintiff resides in Niagara County. The property that is subject to this action is in Niagara County and is commonly known as 140 Chestnut St., Youngstown, NY 14174 (Premises). Venue is properly brought in Niagara County. The Premises are owned by plaintiff and defendants as tenants-in- common by virtue of the deed recorded on May 29, 2002 in the Niagara County Clerk’s Office and recorded in Liber 3199 of Deeds at page 026. A copy of the deed conveying title to the Premises is attached as Exhibit A. The plaintiff and the defendants constitute all of the “necessary parties” as required by RPAPL section 903. Filed in Niagara County Clerk's Office 12/20/2016 of 5 Index # E160258/2016 Exhibit A. The plaintiff and the defendants constitute all of the “necessary parties” as required by RPAPL section 903. On information and belief, there are no lien holders and the Premises has no tenants. Defendant Dennis P. Morris, who is in residence at the Premises as one of the tenants in common, has barred plaintiff from the premises. Additionally, the parties have been unable to agree on the proper use, maintenance, and distribution of the Premises. 10. The parties do not own any other lands in common. Wherefore, plaintiff demands judgment for a partition and division of the real property described above according to the respective rights of the parties interested in the property, but if a partition cannot be made without great prejudice to the owners, then plaintiff demands the sale of the property be ordered and that the proceeds be divided among the parties according to the respective rights after the payment of lawful costs and expenses, together with such other and further relief as the court deems proper and the costs and disbursements of this action. Dated: Lockport, New York December 20, 2016 Brandt, Roberson & Brandt, P.C. Attorneys for Plaintiff Town By: BArsil B Thomas H. Brandt, Of counsel 929 Lincoln Ave Lockport, NY 14094 (716) 483-5941 tombrandtlkpt@yahoo.com 20f5 INDIVIDUAL VERIFICATION State of New York ) County of Niagara ) ss.: I, Randy E. Morris, being duly sworn deposes and says that I am the plaintiff in this action; that I have read the foregoing complaint and know the contents thereof; that the same is true to the knowledge of deponent, except as to the matters therein stated to be alleged on information belief and that as to those matters I believe it to be true. Sworn to before me this 20" day of December, 2016 Bown p | Sretf— Notary Public <= 3 Notary Publ Sito of (NDT New York Qilalified in Niagara Count ion Expires Sept: 30, 20/9. 3 0f 5 aot: tt 149319900027 QUITCLAIM DEED THIS INDENTURE, made the aghh day of, May +2002 BETWEEN RICHARD E. MORRIS and HILDA E, MORRIS, his wif fe, residing at 140 Chestnut Street, Youngstown, New York, parties of the first part AND RICHARD G. MORRIS, residing at 505 Church Street, Youngstown, New York, 14274; DENNIS P, MORRIS, residing at 140 Chestnut Street, Youngstown, New York, 14174; RANDY E. MORRIS, residing at 326 Brampton Road, Youngstown, New York, 14174; and ELLEN HALSTEAD, residing at 25 Hunter Street, Bergen, New York, 14416; parties of the second part, ‘WITNESSETH, that the parties of the first part, in consideration of ONE DOLLAR and NO MORE ($1.00 and no more) paid by the parties of the second part does hereby remise, release and quitclaim unto the Patties of the second part, their heirs and assigns forever, ALL THAT TRACT OR PARCEL OF LAND, situate in the Village of‘Youngstown, ‘Town of Porter, County of Niagara and State of New York, being part of Lot A of the Fort Niagara Tract and being Subdivision Lot No. 8 on the northerly side of Chestnut Street as said lot is shown on Map of part of Village of Youngstown, Niagara County, New York, comprising that part of the Fort ‘Niagara Tract which is designated as Lot A, made for William Clark & S, B. Piper by J. P, Haines, Surveyor in 1845 and filed in Niagara County Clerk's Office, February 2, 1851, now under Cover No. 178, now in Book 8 of Microfilmed Maps al Page 776. BEING THE SAME PREMISES conveyed by TODD J. ARMSTRONG and MARGARET C. ARMSTRONG, his wife, to RICHARD E. MORRIS and HILDA E. MORRIS, his wife, by Warranty Deed recorded in the Niagara County Clerk's Office, Liber 1507 Page 282 on July 2, 1970. RESERVING, however, to the parties of the first part, a legal life estate including the exclusive possession and the use and enjoyment of said premises for and during the natural lifetime of the parties of the first part, ‘This conveyance is not made in fraud of the creditors of the grantor nor does it render him/her insolvent. Together with the appurtenances and all the estate and rights of the parties ef Ee: St part ii aud tu suid preiuises, ofthe fx: ‘To have and to hold the premises herein granted unto the parties of the second part, their heirs and assigns forever. ExA 4 of 5 : 108319926028 IN WITNESS WHERE OF, the parties of the first part have hereunto set their hands and seal the day and year first above written. IN THE PRESENCE OF : 2 RICHARD E, MORRIS hh ~ HILDA E, MO} STATE OF NEW YORK ) COUNTY OF NIAGARA) SS: On this “aay of cn in the year 2002, before me, the undersigned, personally appe: aréd@RICHARD E, MORRIS and HILDA E, MORRIS personally lnown to me or proved to me on the basis of satisfact ory evidence to be the individual(s) wh ‘ose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NO PU iT GLORIAR. EN a EO TATE OF NEWYORK MY AC 69 a, 5 of 5