Preview
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391
NYSCEF DOC. NO. 108 RECEIVED
INDEX
NYSCEF:
NO.
06/07/2023
2021-00005391
(FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PM|
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021
.
STATE OF NEW YORK
SUPREMECOURT: COUNTYOFCHENANGO
x
DAVID K. COLLAR
Plaintiff, AMENDED COMPLAINT
-against- Index No. 2021-00005391
MICHAEL E. SLAUCENBURG and EDNA D.
SLAUCENBURG,
Defendants.
x
Plaintiffs, David K. Collar, by and through his attorneys, Coughlin & Gerhart, LLP, hereby
allege upon information and belief as follows:
1. That all times herein mentioned, the Plaintiff, David K. Collar was, and continues to be, a
resident of the County of Chenango, State of New York.
2. That at all times herein mentioned the Defendants, Michael E. Slaucenburg and Edna D.
Slaucenburg, were, and continue to be, residents of the County of Chenango, State of
New York.
3. The Defendants are owners as tenants in the entirety of approximately 17.20 acres in
the Town of Sherburne located at 3502 State Highway 80, with a tax map number of 46.-
1-24, as transferred to them by warranty deed from Mohamed Baluchi dated August 23,
1985 and recorded in the Chenango County Clerk's Office in the Book of Deeds at Liber
631 Page 407.
4. The Plaintiffs reside on a portion of said property with an address of 3478 State Highway
80, Sherburne, New York 13460.
5. The Plaintiff, David K. Collar, is the brother of Defendant Edna D. Slaucenburg and
brother in law of Defendant Michael E. Slaucenburg.
1 of 5
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391
NYSCEF DOC. NO. 108 RECEIVED
INDEX
NYSCEF:
NO.
06/07/2023
2021-00005391
FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PM|
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021
6. In 2008, Plaintiff and the Defendants entered into an agreement where Mr. Collar would
perform excavating work for the Defendants and in turn Defendants would deed a
portion of the aforesaid property, name the westerly portion, to Mr. Collar.
7. In reliance on that agreement, in 2008, Mr. Collar performed the excavating work as
agreed to and took possession of the westerly side of the property.
8. When Mr. Collar took possession of the Property it was vacant land and he resided there
in a camper while making preparations for the placement of a mobile home.
9. On June 27, 2009, Mr. Collar applied for a building permit with the Town of Sherburne
for the construction of a six (6) inch gravel pad and placement of a single wide mobile
A"
home. The permit was approved on July 13, 2009. Attached hereto as "Exhibit is a
copy of said building permit application and approval.
10. The pad was constructed and the single wide home was placed. A certificate of
occupancy was issued on August 10, 2010.
11. After the single wide home was placed Julie A. Collar, moved on to the Property and on
September 26, 2012 the Plaintiff and Julie A. Collar were married.
12. Over the period of time in which the Plaintiff has lived on the Property the following
investments and improvements have been made to the land:
a. Private septic was installed at an approximate cost of two thousand eight
hundred dollars ($2,800.00)
b. A well was dug to provide water to the residence at an approximate cost of nine
thousand eight hundred dollars ($9,800.00)
c. An electric furnace was purchased and installed for an approximate cost of one
thousand eight hundred dollars ($1,800.00).
d. A driveway was created at an approximate cost of eleven thousand dollars
($11,000.00).
2 of 5
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391
NYSCEF DOC. NO. 108 RECEIVED
INDEX
NYSCEF:
NO.
06/07/2023
2021-00005391
|FILED: CHENANGO COUNTY CLERK O8/30/2021 01:33 PM|
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021
e. A sixteen (16) by sixteen (16) foot sugaring house was built to produce maple
syrup at an approximate cost of three thousand dollars ($3,000.00).
f. In 2012, a barn was built for livestock at an approximate cost of eight thousand
five hundred dollars ($8,500.00).
g. A pond was dug at a cost of approximately four thousand dollars ($4,000.00).
h. A second pond was dug for the livestock at a cost of approximately seven
thousand dollars ($7,000.00).
i. Fencing was installed at an approximate cost of five thousand two hundred
dollars ($5,200.00)
13. In 2018, the Plaintiff further upgraded the Property by removing the single wide home
and placing a double wide manufactured home.
14. The Plaintiff applied for and was granted a building permit on April 23, 2018 to install the
B"
double wide home. Attached hereto as "Exhibit is a copy of said permit.
15. With the addition of the double wide home the Plaintiff invested the following into
improvements on the land:
a. The double wide home purchase price of eight thousand dollars ($8,000.00).
b. The instaliation cost for the double wide of fifteen thousand dollars ($15,000.00)
c. An addition on to the double wide home as an approximate cost of sixteen
thousand dollars ($16,000.00).
d. Renovations and upgrades to the home including a new kitchen and appliances,
paint, and flooring for an approximate cost of sixteen thousand dollars
($16,000.00).
e. A deck off the home for an approximate cost of six thousand dollars ($6,000.00).
f. A patio off the home for an approximate cost of two thousand dollars ($2,000.00).
g. A shed was built at an approximate cost of one thousand two hundred dollars
($1,200.00).
3 of 5
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391
NYSCEF DOC. NO. 108 RECEIVED
INDEX NYSCEF:
NO.
06/07/2023
2021-00005391
|FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PlÈ
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021
16. Upon information and belief, the total amount of the Plaintiff's investment in
improvements to the Property is approximately one hundred seventeen thousand three
hundred dollars ($117,300.00).
17. In addition to the improvements to the land, the Plaintiff and Julie A. Collar have paid
one thousand five hundred dollars ($1,500.00) to the Defendants, annually, from 2011
C"
thru 2019 for their portion of taxes on the Property. Attached hereto as "Exhibit are
receipts of said tax payments.
18. Despite the Plaintiffs payment of taxes on their portion of the Property, as of January 26,
the Defendant is in arrears of ten thousand six hundred fifty-six dollars and thirty-
2021,
D"
four cents ($10,656.34). Attached hereto as "Exhibit is a tax certificate showing such
arrears.
19. Plaintiff made the improvements to the land, and paid the Defendants for taxes,
believing and reasonably relying on the representations and promises made by the
Defendants that the Plaintiff would eventually be transferred full ownership of his piece
of the property.
20. Despite due demand, Defendant has refused, and continues to refuse, to convey title to
Plaintiff.
Defendants'
21. The have refused to recognize the rights and interests of the Plaintiff in said
property.
22. The retention of the piece of the property improved by the funds of the Plaintiff
constitutes an unconscionable enrichment of the Defendants and a flagrant abuse of a
relationship of trust and confidence.
23. As a result, the Plaintiff has no adequate remedy at law.
AS AND FOR A SECOND CAUSE OF ACTION
24. Plaintiff repeats and realleges each and every allegation contained herein at paragraphs
"1"
through "23".
4 of 5
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391
NYSCEF DOC. NO. 108 RECEIVED
INDEX NYSCEF:
NO. 06/07/2023
2021-00005391
|FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 Pl)
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021
25. Beginning on 2001, Plaintiff entered into continuous and uninterrupted occupation and
possession, continuing without interruption, the occupation and possession adversely of
Defendanes interest.
26. Plaintiff's possession of the premises described herein has been and is adverse under a
claim of title not written, exclusive of any other right, and had been and is hostile, under
claim of right, actual, open, notorious, exclusive and was continuously for a period in
excess of 10 years.
27. Plaintiff cultivated and improved the aforementioned premises for more than 10 years.
28. Plaintiff title continuously protected the aforementioned premises by substantial enclosure.
WHEREFORE, the Plaintiff respectfully demands judgement against the Defendants
imposing a constructive trust upon the real property described in the complaint and that a deed
be executed by Defendants conveying to the Plaintiffs legal title to that portion of the referenced
property which is improved by the Plaintiff's investments, or in the alternative, judgment by
adverse possession, together with the costs and disbursements of this action, and for such
other and further relief as this Court may deem just and proper.
Dated: Binghamton, New York
August 30, 2021
COUGHLIN,& , LLP
By:
KEITH A. O‰ARA, ÈSQ.
Attorneys for Plaintiff
99 Corporate Drive
P.O. Box 2039
Binghamton, New York 13902-2039
(607) 723-9511
TO: CHAMBERLAIN LAW OFFICE, LLC
JAMES P. CHAMBERLAIN, ESQ.
Attorneys for Defendants
92 South Broad Street
Norwich, New York 13815
(607) 336-3489
5 of 5
Preview
FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391 NYSCEF DOC. NO. 108 RECEIVED INDEX NYSCEF: NO. 06/07/2023 2021-00005391 (FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PM| NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021 . STATE OF NEW YORK SUPREMECOURT: COUNTYOFCHENANGO x DAVID K. COLLAR Plaintiff, AMENDED COMPLAINT -against- Index No. 2021-00005391 MICHAEL E. SLAUCENBURG and EDNA D. SLAUCENBURG, Defendants. x Plaintiffs, David K. Collar, by and through his attorneys, Coughlin & Gerhart, LLP, hereby allege upon information and belief as follows: 1. That all times herein mentioned, the Plaintiff, David K. Collar was, and continues to be, a resident of the County of Chenango, State of New York. 2. That at all times herein mentioned the Defendants, Michael E. Slaucenburg and Edna D. Slaucenburg, were, and continue to be, residents of the County of Chenango, State of New York. 3. The Defendants are owners as tenants in the entirety of approximately 17.20 acres in the Town of Sherburne located at 3502 State Highway 80, with a tax map number of 46.- 1-24, as transferred to them by warranty deed from Mohamed Baluchi dated August 23, 1985 and recorded in the Chenango County Clerk's Office in the Book of Deeds at Liber 631 Page 407. 4. The Plaintiffs reside on a portion of said property with an address of 3478 State Highway 80, Sherburne, New York 13460. 5. The Plaintiff, David K. Collar, is the brother of Defendant Edna D. Slaucenburg and brother in law of Defendant Michael E. Slaucenburg. 1 of 5 FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391 NYSCEF DOC. NO. 108 RECEIVED INDEX NYSCEF: NO. 06/07/2023 2021-00005391 FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PM| NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021 6. In 2008, Plaintiff and the Defendants entered into an agreement where Mr. Collar would perform excavating work for the Defendants and in turn Defendants would deed a portion of the aforesaid property, name the westerly portion, to Mr. Collar. 7. In reliance on that agreement, in 2008, Mr. Collar performed the excavating work as agreed to and took possession of the westerly side of the property. 8. When Mr. Collar took possession of the Property it was vacant land and he resided there in a camper while making preparations for the placement of a mobile home. 9. On June 27, 2009, Mr. Collar applied for a building permit with the Town of Sherburne for the construction of a six (6) inch gravel pad and placement of a single wide mobile A" home. The permit was approved on July 13, 2009. Attached hereto as "Exhibit is a copy of said building permit application and approval. 10. The pad was constructed and the single wide home was placed. A certificate of occupancy was issued on August 10, 2010. 11. After the single wide home was placed Julie A. Collar, moved on to the Property and on September 26, 2012 the Plaintiff and Julie A. Collar were married. 12. Over the period of time in which the Plaintiff has lived on the Property the following investments and improvements have been made to the land: a. Private septic was installed at an approximate cost of two thousand eight hundred dollars ($2,800.00) b. A well was dug to provide water to the residence at an approximate cost of nine thousand eight hundred dollars ($9,800.00) c. An electric furnace was purchased and installed for an approximate cost of one thousand eight hundred dollars ($1,800.00). d. A driveway was created at an approximate cost of eleven thousand dollars ($11,000.00). 2 of 5 FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391 NYSCEF DOC. NO. 108 RECEIVED INDEX NYSCEF: NO. 06/07/2023 2021-00005391 |FILED: CHENANGO COUNTY CLERK O8/30/2021 01:33 PM| NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021 e. A sixteen (16) by sixteen (16) foot sugaring house was built to produce maple syrup at an approximate cost of three thousand dollars ($3,000.00). f. In 2012, a barn was built for livestock at an approximate cost of eight thousand five hundred dollars ($8,500.00). g. A pond was dug at a cost of approximately four thousand dollars ($4,000.00). h. A second pond was dug for the livestock at a cost of approximately seven thousand dollars ($7,000.00). i. Fencing was installed at an approximate cost of five thousand two hundred dollars ($5,200.00) 13. In 2018, the Plaintiff further upgraded the Property by removing the single wide home and placing a double wide manufactured home. 14. The Plaintiff applied for and was granted a building permit on April 23, 2018 to install the B" double wide home. Attached hereto as "Exhibit is a copy of said permit. 15. With the addition of the double wide home the Plaintiff invested the following into improvements on the land: a. The double wide home purchase price of eight thousand dollars ($8,000.00). b. The instaliation cost for the double wide of fifteen thousand dollars ($15,000.00) c. An addition on to the double wide home as an approximate cost of sixteen thousand dollars ($16,000.00). d. Renovations and upgrades to the home including a new kitchen and appliances, paint, and flooring for an approximate cost of sixteen thousand dollars ($16,000.00). e. A deck off the home for an approximate cost of six thousand dollars ($6,000.00). f. A patio off the home for an approximate cost of two thousand dollars ($2,000.00). g. A shed was built at an approximate cost of one thousand two hundred dollars ($1,200.00). 3 of 5 FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391 NYSCEF DOC. NO. 108 RECEIVED INDEX NYSCEF: NO. 06/07/2023 2021-00005391 |FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 PlÈ NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021 16. Upon information and belief, the total amount of the Plaintiff's investment in improvements to the Property is approximately one hundred seventeen thousand three hundred dollars ($117,300.00). 17. In addition to the improvements to the land, the Plaintiff and Julie A. Collar have paid one thousand five hundred dollars ($1,500.00) to the Defendants, annually, from 2011 C" thru 2019 for their portion of taxes on the Property. Attached hereto as "Exhibit are receipts of said tax payments. 18. Despite the Plaintiffs payment of taxes on their portion of the Property, as of January 26, the Defendant is in arrears of ten thousand six hundred fifty-six dollars and thirty- 2021, D" four cents ($10,656.34). Attached hereto as "Exhibit is a tax certificate showing such arrears. 19. Plaintiff made the improvements to the land, and paid the Defendants for taxes, believing and reasonably relying on the representations and promises made by the Defendants that the Plaintiff would eventually be transferred full ownership of his piece of the property. 20. Despite due demand, Defendant has refused, and continues to refuse, to convey title to Plaintiff. Defendants' 21. The have refused to recognize the rights and interests of the Plaintiff in said property. 22. The retention of the piece of the property improved by the funds of the Plaintiff constitutes an unconscionable enrichment of the Defendants and a flagrant abuse of a relationship of trust and confidence. 23. As a result, the Plaintiff has no adequate remedy at law. AS AND FOR A SECOND CAUSE OF ACTION 24. Plaintiff repeats and realleges each and every allegation contained herein at paragraphs "1" through "23". 4 of 5 FILED: CHENANGO COUNTY CLERK 06/07/2023 11:09 AM INDEX NO. 2021-00005391 NYSCEF DOC. NO. 108 RECEIVED INDEX NYSCEF: NO. 06/07/2023 2021-00005391 |FILED: CHENANGO COUNTY CLERK 08/30/2021 01:33 Pl) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 08/30/2021 25. Beginning on 2001, Plaintiff entered into continuous and uninterrupted occupation and possession, continuing without interruption, the occupation and possession adversely of Defendanes interest. 26. Plaintiff's possession of the premises described herein has been and is adverse under a claim of title not written, exclusive of any other right, and had been and is hostile, under claim of right, actual, open, notorious, exclusive and was continuously for a period in excess of 10 years. 27. Plaintiff cultivated and improved the aforementioned premises for more than 10 years. 28. Plaintiff title continuously protected the aforementioned premises by substantial enclosure. WHEREFORE, the Plaintiff respectfully demands judgement against the Defendants imposing a constructive trust upon the real property described in the complaint and that a deed be executed by Defendants conveying to the Plaintiffs legal title to that portion of the referenced property which is improved by the Plaintiff's investments, or in the alternative, judgment by adverse possession, together with the costs and disbursements of this action, and for such other and further relief as this Court may deem just and proper. Dated: Binghamton, New York August 30, 2021 COUGHLIN,& , LLP By: KEITH A. O‰ARA, ÈSQ. Attorneys for Plaintiff 99 Corporate Drive P.O. Box 2039 Binghamton, New York 13902-2039 (607) 723-9511 TO: CHAMBERLAIN LAW OFFICE, LLC JAMES P. CHAMBERLAIN, ESQ. Attorneys for Defendants 92 South Broad Street Norwich, New York 13815 (607) 336-3489 5 of 5