Preview
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
EXHIBIT B
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
Terri Seymore
From: Merritt S. Locke
Sent: Tuesday, November 30, 2021 10:00 AM
To: Terri Seymore
Subject: FW: Rivett's/Pine Knoll
From: Merritt S. Locke
Sent: Friday, October 22, 2021 8:55 PM
To: Devendorf, Jon P.
Subject: FW: Rivett's/Pine Knoll
Dear Jon:
My clients, Rivett's Marine have advised me that your client Vicki Kline parked her Nissan Xterra with the Bennington
pontoon boat loaded on a trailer in the middle of the easement in front of the Pine Knoll Motel around 4pm today. My
client's employee asked her to move the car and boat as they needed access at 6:40 pm and at that time your client's
truck and boat had been parked improperly for over 2 ½ hours. Ms. Kline refused to communicate with the employee so
the police were called.
Ms. Kline apparently advised the police it was her property and that her lawyer told her she could use it as she sees
fit. She also reportedly advised that she will not move the vehicle, boat or trailer and my clients will just not be able to
use it because she is.
While the police declined to take any action because it is a civil matter, Ms. Kline's parking of the vehicle and boat for an
extended period of time, and refusal to remove it is a clear and unequivocal violation of the Court's preliminary
injunction order.
I find it very hard to believe that you or anyone else in your firm told her she could park the boat and vehicle in the
easement for any extended period of time given the current preliminary injunction order stating:
"Defendants are êñjoiñêd from restricting, denying, or otherwise affecting or prohibiting the use
of the existing paved easement described in the rootioñ papers as twelve (12) feet in width over
Defendant Forged Holdings LLC's real property for use by Plaintiffs, their employees, invitees
action."
and guests until such time as a determination can be made finally resolving the
The marina continues to be open daily from 8am to 6pm. Your client's continued violation of the prê|irñinary injunction
order will prevent them from conducting their business.
It is our intention to move the court for an order of contempt on Monday morning, requesting your client be fined and
that they pay my attorneys fees for having to make the motion. In addition, if the boat is not immediately removed we
will seek an additional monetary sanction for the lost revenue from operating this weekend.
We have photographs of the boat, as well as the fact the police took statements, each of which we intend to present to
the Court. I would ask that you address this issue as soon as possible.
Thanks.
1
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
Merritt
Merritt S. Locke, Esq.
Saunders Kahler, LLP
185 Genesee St., Suite 1400
Utica, New York 13501
mlocke@saunderskhaler.com
(315) 733-0419
CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidêñtial, privileged and intended solely for the use of the individual
or entity to whom they are addressed. If you have received this email in error, please notify the system manager at (315) 733-0419, and via this
email, and delete this emall from your system. If you are not the named addressee you may not disseminate, distribute or copy this e-mail and you
are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly
prohibited. Thank you.
IRS ClRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication
(Including any attachments) is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States
federal tax laws.
2
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
Terri Seymore
From: Merritt S. Locke
Sent: Tuesday, November 30, 2021 10:01 AM
To: Terri Seymore
Subject: FW: Rivett's/Pine Knoll
From: Devendorf, Jon P.
Sent: Sunday, October 24, 2021 7:25 PM
To: Merritt S. Locke
Subject: Re: Rivett's/Pine Knoll
Merritt - will be available to speak in the in order to address and resolve. The facts of this incident are not as
morning
you state.
Sent from my iPhone
Jon P. Devendorf
Partner
__
DamonTower • 125 East Jefferson Street • NY 13202
Barclay Syracuse,
D: (315) 425-2724 • F: (315) 425-8551 • C: (315) 243-5394
E: JDevendorf@barclaydamon.com
www.barclaydamen.c_rtm • vCard • Profile
This é|éct.06:c mail trenc clen is intended only for the use of the individsâ| or entity to which it is cddrocccd and may contain com'|dâñtiâ: information ba:óñg|ñÿ
to the sender which Is protected by the attürñéy-c:|üñt privilege, If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution. or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this trâñõrsissión in error, please
notify the sender !mmodbt y by e-mail and delete the original rnessage.
On Oct 22, 2021, at 8:55 PM, Merritt S. Locke wrote:
Dear Jon:
My clients, Rivett's Marine have advised me that your client Vicki Kline parked her Nissan Xterra with
the Bennington pontoon boat loaded on a trailer in the middle of the easement in front of the Pine Knoll
Motel around 4pm today. My client's employee asked her to move the car and boat as they aêêded
1
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
access at 6:40 pm and at that time your client's truck and boat had been parked improperly for over 2 ½
hours, Ms. Kline refused to communicate with the employee so the police were called.
Ms. Kline apparently advised the police it was her property and that her lawyer told her she could use it
as she sees fit. She also reportedly advised that she will not move the vehicle, boat or trailer and my
clients will just not be able to use it because she is.
While the police declined to take any action because it is a civil matter, Ms. Kline's parking of the vehicle
and boat for an extended period of time, and refusal to remove it is a clear and unequivocal violation of
the Court's preliminary injunction order.
I find it very hard to believe that you or anyone else in your firm told her she could park the boat and
vehicle in the easement for any extended period of time given the current preliminary injunction order
stating:
"Defendants are enjoined from restricting, denying, or otherwise affecting or
prohibiting the use of the existing paved easement described in the motion
papers as twelve (12) feet in width over Defendant Forged Holdings LLC's real
property for use by Plaintiffs, their employees, invitees and guests until such
action."
time as a determination can be made finally resolving the
The marina continues to be open daily from 8am to 6pm. Your client's continued violation of the
preliminary injunction order will prevent them from conducting their business.
It is our intention to move the court for an order of contempt on Monday morning, requesting your
client be fined and that they pay my attorneys fees for having to make the motion. In addition, if the
boat is not immediately removed we will seek an additional monetary sanction for the lost revenue from
operating this weekend.
We have photographs of the boat, as well as the fact the police took statements, each of which we
intend to present to the Court. I would ask that you address this issue as soon as possible.
Thanks.
Merritt
Merritt S. Locke, Esq.
Saunders Kahler, LLP
185 Genesee St., Suite 1400
Utica, New York 13501
mlocke@saunderskhaler.com
(315) 733-0419
CONFIDENTIALITY NOTlCE: This email and any files transmitted with it are confidential, prMieged and intended solely for the
use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system
manager at (315) 733-0419, and via this email, and delete this email from your system. If you are not the named addressee you
may not disseminate, distribute or copy this e-mail and you are hereby notified that disclosing, copying, distributing or taking
any action in reliance on the contents of this information is strictly prohibited. Thank you.
IRS CIRCULAR 230 DlsCLOSURE: As required by U.s. Treasury Regulations, we advise you that any tax advice contained in this
communication (inc!uding any attachments) is not intended to be used for, and cannot be used for, the purpose of avoiding
penalties under the United States federal tax laws.
2
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
Terri Seymore
From: Merritt S. Locke
Sent: Tuesday, November 30, 2021 10:00 AM
To: Terri Seymore
Subject: FW: Pine Knoll Hotel
From: Merritt S. Locke
Sent: Tuesday, October 26, 20213:07 PM
To: Devendorf, Jon P.
Subject: RE: Pine Knoll Hotel
Jon:
I was out of the office yesterday. I am available this afternoon or tomorrow am.
Let me know what works for you.
Merritt
From: Devendorf, Jon P.
Sent: Monday, October 25, 2021 11:46 AM
To: Merritt S. Locke
Subject: Pine Knoll Hotel
Merritt -
As a follow-up to my email this weekend, I am available to speak about the incident you described in your
email.
So that you know, let me reiterate that we view the underlying facts to be different than reflected in your email
In substance, Vicki/Joe Klein brought the boat over the night before (Thursday night), and parked it out of the way of
anyone traversing the paved portion of the property i.e. in the public parking lot. They were readying the boat for
winterization.
• On Friday, 10/22, around 5pm, Vicki and Joe brought the boat in front of their garage for the purpose of washing
the boat in preparation for winterization. The time stamps from video camera shows that the boat was not
brought down to be washed prior to 4:50pm.
• At that time, there was no one actively crossing the paved particii of the property. All the doors at Rivett's were
shut, and the business did not appear to be open to the public. More so, all boats had been removed from
Rivett's docking.
• Rivett's and their employêês were not visibly around from about 5pm to 6:10pm. At around 6:10pm, Mike and
his employee slowly passed the property and saw the boat was being prepared for winter. At that point, not 10
minutes later, they returned seeking to tow a boat from public land to the Rivett's property at 6:20pm or so
(well after business hours).
1
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021
• Vicki and Joe were nearing completion of washing their boat when suddenly the police showed up. The police
presence halted, and ultimately delayed, the completion of the boat's preparation.
• up"
The police returned after going to Rivett's and exp|aiñéd that the owner at Rivett's was incredibly "riled and
"didn't understand why Vicki wasn't arrested".
• The police finally left around 8:30pm for the final time, at which point Vicki and Joe started the process of
moving the boat out of the way. It was moved by the end of the night on 10/22,
I note that the other access to Rivet's (which handled 50 plus boats earlier in the summer) could have been used and/or
my clients allowed to complete the winterization process. Instead, the police were called. I'm not sure what lost
"blocked"
revenue is involved but the only person was the after-hours boat (which we believe came about in an effort to
derall what my clients were doing, call the police and claim harm). There were no guests that showed up during this
time that were hindered from accessing Rivett's, and the boat was removed last night (10/22). There is no impact to
Rivett's business from this incident.
I was not part of any of the communications concerning this matter, But l'm advised that
Vicki did not communicate w/ the police officer. Both Justin and Joe Klein communicated with the police officer
concerning the péñdiñg civil case and that they were doing a discrete act to winterize the boat. Vicki never refused to
move the boat. The officer asked Justin when they were planning to move the boat and Justin indicated that had none
of this happened, the boat would have already been moved.
Please let me know if we can speak further about this. Thanks
Jon P. Devendorf
Partner
...................___.__
Damon Tower • 125 East Jefferson Street • Syracuse, NY 13202
Barclay
• F: 425-8551 • C:
D: (315) 425-2724 (315) (315) 243-5394
E: JDevendorf@barclaydamon.com
www.barclaydamon com • vCard • Profile
This electronic mail transmission is intended only for the use of the bdME or entity to which it is eddrassed and rnay contain confdantial iniunn iion belonging
to the sender which is prGtsctGd by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution, or the taking of any action in reliance on the contents of this |nfonnction is strictly prohibited. If you have received this transmission in error, please
notify the sender !m:d‰|y by e-rnail and delete the original message.
2
Preview
FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 EXHIBIT B FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 Terri Seymore From: Merritt S. Locke Sent: Tuesday, November 30, 2021 10:00 AM To: Terri Seymore Subject: FW: Rivett's/Pine Knoll From: Merritt S. Locke Sent: Friday, October 22, 2021 8:55 PM To: Devendorf, Jon P. Subject: FW: Rivett's/Pine Knoll Dear Jon: My clients, Rivett's Marine have advised me that your client Vicki Kline parked her Nissan Xterra with the Bennington pontoon boat loaded on a trailer in the middle of the easement in front of the Pine Knoll Motel around 4pm today. My client's employee asked her to move the car and boat as they needed access at 6:40 pm and at that time your client's truck and boat had been parked improperly for over 2 ½ hours. Ms. Kline refused to communicate with the employee so the police were called. Ms. Kline apparently advised the police it was her property and that her lawyer told her she could use it as she sees fit. She also reportedly advised that she will not move the vehicle, boat or trailer and my clients will just not be able to use it because she is. While the police declined to take any action because it is a civil matter, Ms. Kline's parking of the vehicle and boat for an extended period of time, and refusal to remove it is a clear and unequivocal violation of the Court's preliminary injunction order. I find it very hard to believe that you or anyone else in your firm told her she could park the boat and vehicle in the easement for any extended period of time given the current preliminary injunction order stating: "Defendants are êñjoiñêd from restricting, denying, or otherwise affecting or prohibiting the use of the existing paved easement described in the rootioñ papers as twelve (12) feet in width over Defendant Forged Holdings LLC's real property for use by Plaintiffs, their employees, invitees action." and guests until such time as a determination can be made finally resolving the The marina continues to be open daily from 8am to 6pm. Your client's continued violation of the prê|irñinary injunction order will prevent them from conducting their business. It is our intention to move the court for an order of contempt on Monday morning, requesting your client be fined and that they pay my attorneys fees for having to make the motion. In addition, if the boat is not immediately removed we will seek an additional monetary sanction for the lost revenue from operating this weekend. We have photographs of the boat, as well as the fact the police took statements, each of which we intend to present to the Court. I would ask that you address this issue as soon as possible. Thanks. 1 FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 Merritt Merritt S. Locke, Esq. Saunders Kahler, LLP 185 Genesee St., Suite 1400 Utica, New York 13501 mlocke@saunderskhaler.com (315) 733-0419 CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidêñtial, privileged and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager at (315) 733-0419, and via this email, and delete this emall from your system. If you are not the named addressee you may not disseminate, distribute or copy this e-mail and you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you. IRS ClRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations, we advise you that any tax advice contained in this communication (Including any attachments) is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws. 2 FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 Terri Seymore From: Merritt S. Locke Sent: Tuesday, November 30, 2021 10:01 AM To: Terri Seymore Subject: FW: Rivett's/Pine Knoll From: Devendorf, Jon P. Sent: Sunday, October 24, 2021 7:25 PM To: Merritt S. Locke Subject: Re: Rivett's/Pine Knoll Merritt - will be available to speak in the in order to address and resolve. The facts of this incident are not as morning you state. Sent from my iPhone Jon P. Devendorf Partner __ DamonTower • 125 East Jefferson Street • NY 13202 Barclay Syracuse, D: (315) 425-2724 • F: (315) 425-8551 • C: (315) 243-5394 E: JDevendorf@barclaydamon.com www.barclaydamen.c_rtm • vCard • Profile This é|éct.06:c mail trenc clen is intended only for the use of the individsâ| or entity to which it is cddrocccd and may contain com'|dâñtiâ: information ba:óñg|ñÿ to the sender which Is protected by the attürñéy-c:|üñt privilege, If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution. or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this trâñõrsissión in error, please notify the sender !mmodbt y by e-mail and delete the original rnessage. On Oct 22, 2021, at 8:55 PM, Merritt S. Locke wrote: Dear Jon: My clients, Rivett's Marine have advised me that your client Vicki Kline parked her Nissan Xterra with the Bennington pontoon boat loaded on a trailer in the middle of the easement in front of the Pine Knoll Motel around 4pm today. My client's employee asked her to move the car and boat as they aêêded 1 FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 access at 6:40 pm and at that time your client's truck and boat had been parked improperly for over 2 ½ hours, Ms. Kline refused to communicate with the employee so the police were called. Ms. Kline apparently advised the police it was her property and that her lawyer told her she could use it as she sees fit. She also reportedly advised that she will not move the vehicle, boat or trailer and my clients will just not be able to use it because she is. While the police declined to take any action because it is a civil matter, Ms. Kline's parking of the vehicle and boat for an extended period of time, and refusal to remove it is a clear and unequivocal violation of the Court's preliminary injunction order. I find it very hard to believe that you or anyone else in your firm told her she could park the boat and vehicle in the easement for any extended period of time given the current preliminary injunction order stating: "Defendants are enjoined from restricting, denying, or otherwise affecting or prohibiting the use of the existing paved easement described in the motion papers as twelve (12) feet in width over Defendant Forged Holdings LLC's real property for use by Plaintiffs, their employees, invitees and guests until such action." time as a determination can be made finally resolving the The marina continues to be open daily from 8am to 6pm. Your client's continued violation of the preliminary injunction order will prevent them from conducting their business. It is our intention to move the court for an order of contempt on Monday morning, requesting your client be fined and that they pay my attorneys fees for having to make the motion. In addition, if the boat is not immediately removed we will seek an additional monetary sanction for the lost revenue from operating this weekend. We have photographs of the boat, as well as the fact the police took statements, each of which we intend to present to the Court. I would ask that you address this issue as soon as possible. Thanks. Merritt Merritt S. Locke, Esq. Saunders Kahler, LLP 185 Genesee St., Suite 1400 Utica, New York 13501 mlocke@saunderskhaler.com (315) 733-0419 CONFIDENTIALITY NOTlCE: This email and any files transmitted with it are confidential, prMieged and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the system manager at (315) 733-0419, and via this email, and delete this email from your system. If you are not the named addressee you may not disseminate, distribute or copy this e-mail and you are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Thank you. IRS CIRCULAR 230 DlsCLOSURE: As required by U.s. Treasury Regulations, we advise you that any tax advice contained in this communication (inc!uding any attachments) is not intended to be used for, and cannot be used for, the purpose of avoiding penalties under the United States federal tax laws. 2 FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 Terri Seymore From: Merritt S. Locke Sent: Tuesday, November 30, 2021 10:00 AM To: Terri Seymore Subject: FW: Pine Knoll Hotel From: Merritt S. Locke Sent: Tuesday, October 26, 20213:07 PM To: Devendorf, Jon P. Subject: RE: Pine Knoll Hotel Jon: I was out of the office yesterday. I am available this afternoon or tomorrow am. Let me know what works for you. Merritt From: Devendorf, Jon P. Sent: Monday, October 25, 2021 11:46 AM To: Merritt S. Locke Subject: Pine Knoll Hotel Merritt - As a follow-up to my email this weekend, I am available to speak about the incident you described in your email. So that you know, let me reiterate that we view the underlying facts to be different than reflected in your email In substance, Vicki/Joe Klein brought the boat over the night before (Thursday night), and parked it out of the way of anyone traversing the paved portion of the property i.e. in the public parking lot. They were readying the boat for winterization. • On Friday, 10/22, around 5pm, Vicki and Joe brought the boat in front of their garage for the purpose of washing the boat in preparation for winterization. The time stamps from video camera shows that the boat was not brought down to be washed prior to 4:50pm. • At that time, there was no one actively crossing the paved particii of the property. All the doors at Rivett's were shut, and the business did not appear to be open to the public. More so, all boats had been removed from Rivett's docking. • Rivett's and their employêês were not visibly around from about 5pm to 6:10pm. At around 6:10pm, Mike and his employee slowly passed the property and saw the boat was being prepared for winter. At that point, not 10 minutes later, they returned seeking to tow a boat from public land to the Rivett's property at 6:20pm or so (well after business hours). 1 FILED: HERKIMER COUNTY CLERK 11/30/2021 04:54 PM INDEX NO. EF2021-108254 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 11/30/2021 • Vicki and Joe were nearing completion of washing their boat when suddenly the police showed up. The police presence halted, and ultimately delayed, the completion of the boat's preparation. • up" The police returned after going to Rivett's and exp|aiñéd that the owner at Rivett's was incredibly "riled and "didn't understand why Vicki wasn't arrested". • The police finally left around 8:30pm for the final time, at which point Vicki and Joe started the process of moving the boat out of the way. It was moved by the end of the night on 10/22, I note that the other access to Rivet's (which handled 50 plus boats earlier in the summer) could have been used and/or my clients allowed to complete the winterization process. Instead, the police were called. I'm not sure what lost "blocked" revenue is involved but the only person was the after-hours boat (which we believe came about in an effort to derall what my clients were doing, call the police and claim harm). There were no guests that showed up during this time that were hindered from accessing Rivett's, and the boat was removed last night (10/22). There is no impact to Rivett's business from this incident. I was not part of any of the communications concerning this matter, But l'm advised that Vicki did not communicate w/ the police officer. Both Justin and Joe Klein communicated with the police officer concerning the péñdiñg civil case and that they were doing a discrete act to winterize the boat. Vicki never refused to move the boat. The officer asked Justin when they were planning to move the boat and Justin indicated that had none of this happened, the boat would have already been moved. Please let me know if we can speak further about this. Thanks Jon P. Devendorf Partner ...................___.__ Damon Tower • 125 East Jefferson Street • Syracuse, NY 13202 Barclay • F: 425-8551 • C: D: (315) 425-2724 (315) (315) 243-5394 E: JDevendorf@barclaydamon.com www.barclaydamon com • vCard • Profile This electronic mail transmission is intended only for the use of the bdME or entity to which it is eddrassed and rnay contain confdantial iniunn iion belonging to the sender which is prGtsctGd by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this |nfonnction is strictly prohibited. If you have received this transmission in error, please notify the sender !m:d‰|y by e-rnail and delete the original message. 2