On February 14, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Daniel C Coyle,
Larry M Coyle,
Libby M Sperduti,
and
David M Coyle,
for Real Property - Partition
in the District Court of Cayuga County.
Preview
FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF CAYUGA
DANIEL C. COYLE, LARRY M. COYLE
and LIBBY M. SPERDUTI, as Tenants-
in- Common,
Plaintiffs, NOTICE OF DEFAULT
PURSUANT TO CPLR
3215(a)
v. Index No.: E2023-0108
DAVID M. COYLE as
Tenant-in-Common,
Defendant.
TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY NOTICED THAT YOU FAILED TO APPEAR OR
ANSWER, therefore judgment will be taken against you by default for the relief demanded in
the Summons with Notice that was served upon you on March 2, 2023, specifically, that the
Plaintiffs are requesting the Court to grant their application pursuant to N.Y. RPAPL Article 9
for Partition of the property known as 8779 South Street in the Town of Brutus with Tax Map
No.: 83.09-3-67; and to sell this property with or without your assistance.
EXHIBIT
FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
Dated: July 27, 2023
JARROD W. SMITH, ESQ., P.L.L.C.
rrod Smith, Esq.
Attorney for Plaintiffs
11 South Main Street - POB 173
Jordan, New York 13080
Tel. No.: (315) 277-5370
jarrodsmithlaw@gmail.com
FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF CAYUGA
DANIEL C. COYLE, LARRY M. COYLE
and LIBBY M. SPERDUTI, as Tenants-
in- Common,
Plaintiffs, AFFIRMATION OF SERVICE
VIA U.S. MAIL
v. Index No.: E2023-0108
DAVID M. COYLE as
Tenant-in-Common,
Defendant.
STATE OF NEW YORK )
COUNTY OF ONONDAGA ) ss.:
JARROD W. SMITH, ESQ., being duly sworn deposes and says:
1. Deponent is not a party of this action, is over 18 years of age and resides in Elbridge,
New York. That on the 27th day of July, 2023 deponent served the annexed NOTICE OF
DEFAULT PURSUANT TO CPLR 3215(a) on:
David M. Coyle
304 Bremen Avenue
Mattydale, New York 13211
2. Deponent served the individual(s) aforementioned pursuant to New York Civil Practice
Law and Rules Section 312-a, at the address designated by said individual(s), by depositing a true
copy of the above information enclosed in a first class, postpaid and properly addressed wrapper,
1
FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023
in a post office-official depository under the exclusive care and custody of the United States Postal
Service within the State of New York.
Dated: July 27, 2023
Affirmed under penalty of perjury
Pursuant to CPLR 2106.
ARR W. SMITH, ESQ.
2
Document Filed Date
July 27, 2023
Case Filing Date
February 14, 2023
Category
Real Property - Partition
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Preview
FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF CAYUGA DANIEL C. COYLE, LARRY M. COYLE and LIBBY M. SPERDUTI, as Tenants- in- Common, Plaintiffs, NOTICE OF DEFAULT PURSUANT TO CPLR 3215(a) v. Index No.: E2023-0108 DAVID M. COYLE as Tenant-in-Common, Defendant. TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTICED THAT YOU FAILED TO APPEAR OR ANSWER, therefore judgment will be taken against you by default for the relief demanded in the Summons with Notice that was served upon you on March 2, 2023, specifically, that the Plaintiffs are requesting the Court to grant their application pursuant to N.Y. RPAPL Article 9 for Partition of the property known as 8779 South Street in the Town of Brutus with Tax Map No.: 83.09-3-67; and to sell this property with or without your assistance. EXHIBIT FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 Dated: July 27, 2023 JARROD W. SMITH, ESQ., P.L.L.C. rrod Smith, Esq. Attorney for Plaintiffs 11 South Main Street - POB 173 Jordan, New York 13080 Tel. No.: (315) 277-5370 jarrodsmithlaw@gmail.com FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF CAYUGA DANIEL C. COYLE, LARRY M. COYLE and LIBBY M. SPERDUTI, as Tenants- in- Common, Plaintiffs, AFFIRMATION OF SERVICE VIA U.S. MAIL v. Index No.: E2023-0108 DAVID M. COYLE as Tenant-in-Common, Defendant. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) ss.: JARROD W. SMITH, ESQ., being duly sworn deposes and says: 1. Deponent is not a party of this action, is over 18 years of age and resides in Elbridge, New York. That on the 27th day of July, 2023 deponent served the annexed NOTICE OF DEFAULT PURSUANT TO CPLR 3215(a) on: David M. Coyle 304 Bremen Avenue Mattydale, New York 13211 2. Deponent served the individual(s) aforementioned pursuant to New York Civil Practice Law and Rules Section 312-a, at the address designated by said individual(s), by depositing a true copy of the above information enclosed in a first class, postpaid and properly addressed wrapper, 1 FILED: CAYUGA COUNTY CLERK 07/27/2023 02:45 PM INDEX NO. E2023-0108 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2023 in a post office-official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Dated: July 27, 2023 Affirmed under penalty of perjury Pursuant to CPLR 2106. ARR W. SMITH, ESQ. 2