Preview
FILED: ONONDAGA COUNTY CLERK 12/04/2023 09:34 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 12/04/2023
STAIE OF NEW YORK
ONONDAGA COUNTY SUP REME COTJRT
WAYNE NORTON INDEX #: 008543/2020
Plaintiff (s)
ORDER
ROBERT NORTON AND BRUCE NORTON
Defendant (s)
Roger W. Bradley, Esq.
Melvin & Melvin, PLLC
217 South Salina Street, 7th Fl
Syracuse, New York 13202
Attomey for Plaintiff: Wayne Norton
Francesco Fabiano, Esq.
Fabiano Law. PC
5640 E. Taft Rd., #2025
Syracuse, New York 13220
Attomey for Defendant: Robert Norton
Richard H. Jarvis, Esq.
74 State Street
Phoenix. NY 13135
Attomey for Defendant: Bruce Norton
WHERI,AS certain disputes and controversies have arisen between the parties hereto with
regards to real property located at 105 Yager Drive, Liverpool, NY;
WHEREAS an action was commenced by WAYNE on December 15,2020, and which action
was venued in Onondaga Cunty Supreme Court and which is captioned: WAYNE NORTON,
Plaintiff, vs. ROBERT NORTON and BRUCE NORTON bearing lndex Number 008543/2020,
and
WHEREAS Robert Norton Answered and interposed a Counterclaim against Wayne Norton on
January 27 ,2021, and
WHEREAS Bruce Norton Answered and submitted and interposed a general Answer on January
7,2021.
WHEREAS by AMENDED DECISION & ORDER of Court dated November l4,Z022,the
Court directed that the property be listed and sold by the parties.
WIIEREAS the property was sold on May 19, 2023, for the sum of 9160,000.00, with proceeds
recovered from the sale in the amount of $ I 3 1,880.64.
1 of 2
FILED: ONONDAGA COUNTY CLERK 12/04/2023 09:34 AM INDEX NO. 008543/2020
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 12/04/2023
WHEREAS a dispute arose as to the distribution of said sum of $131,880.64 received from the
sale ofthe property.
WHEREAS the parties have since concluded that it is in its best interests to avoid the time,
expense, burden and uncertainty ofpotentially protracted litigation by settling this matter on the
terms set forth in a Confidential Settlement Agreement and Release, duly executed by the
parties, a copy of which the Court has reviewed.
NOW it is hereby ORDERED that the funds may be disbursed to the parties pursuant to
the terms and conditions set out in the Conlidential Settlement Agreement and Release, as
follows:
Proceeds from Sale: $131,880.64
s2,276.34 - Robert Norton - Carrying Charges
$950.00 - Richard Jarvis - Closing Fee
s120.00 - Richard Jarvis Closing Expenses
s2,250.00 - Richard Jarvis - Regarding requested non-closing time fees
$126,284.30 Remaining Proceeds from Sale - To be allocated and made payable as follows:
$42,094.76 - Fabiano Law, PC o/b/o Robert Norton
542,094.77 - Melvin & Melvin o/b/o Wayne Norton
$42.094.77 - OBO Bruce Norton
Based on the agreed upon allocation ofthe sale proceeds as indicated above, checks shall be
issued as follows and forwarded to each party's respective counsel.
CHECKS to BE ISSUEDAS FOLLOWS:
$44"371.11 - Payable to Fabiano Law, PC o/b/o Roberl Norton - (This represents the carrying
charges of $2,276.34 plus the $42,094.7 6.)
$42,094.77 - Payable to: Melvin & Melvin o/b/o Wayne Norton
542,094.77 - OBO Bruce Norton
It is further,
ORDERED that within l5 calendar days of the distribution of the funds, Plaintiffshall further
with prejudice ofthe instant action.
cause to be filed, a stipulation of discontinuance
IT IS SO ORDERED.
ENTER
December 2023
Oswego, New York
&.
HON. GREGORY R. GILBERT
SUPREME COURT JUSTICE
2 of 2
Preview
FILED: ONONDAGA COUNTY CLERK 12/04/2023 09:34 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 12/04/2023 STAIE OF NEW YORK ONONDAGA COUNTY SUP REME COTJRT WAYNE NORTON INDEX #: 008543/2020 Plaintiff (s) ORDER ROBERT NORTON AND BRUCE NORTON Defendant (s) Roger W. Bradley, Esq. Melvin & Melvin, PLLC 217 South Salina Street, 7th Fl Syracuse, New York 13202 Attomey for Plaintiff: Wayne Norton Francesco Fabiano, Esq. Fabiano Law. PC 5640 E. Taft Rd., #2025 Syracuse, New York 13220 Attomey for Defendant: Robert Norton Richard H. Jarvis, Esq. 74 State Street Phoenix. NY 13135 Attomey for Defendant: Bruce Norton WHERI,AS certain disputes and controversies have arisen between the parties hereto with regards to real property located at 105 Yager Drive, Liverpool, NY; WHEREAS an action was commenced by WAYNE on December 15,2020, and which action was venued in Onondaga Cunty Supreme Court and which is captioned: WAYNE NORTON, Plaintiff, vs. ROBERT NORTON and BRUCE NORTON bearing lndex Number 008543/2020, and WHEREAS Robert Norton Answered and interposed a Counterclaim against Wayne Norton on January 27 ,2021, and WHEREAS Bruce Norton Answered and submitted and interposed a general Answer on January 7,2021. WHEREAS by AMENDED DECISION & ORDER of Court dated November l4,Z022,the Court directed that the property be listed and sold by the parties. WIIEREAS the property was sold on May 19, 2023, for the sum of 9160,000.00, with proceeds recovered from the sale in the amount of $ I 3 1,880.64. 1 of 2 FILED: ONONDAGA COUNTY CLERK 12/04/2023 09:34 AM INDEX NO. 008543/2020 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 12/04/2023 WHEREAS a dispute arose as to the distribution of said sum of $131,880.64 received from the sale ofthe property. WHEREAS the parties have since concluded that it is in its best interests to avoid the time, expense, burden and uncertainty ofpotentially protracted litigation by settling this matter on the terms set forth in a Confidential Settlement Agreement and Release, duly executed by the parties, a copy of which the Court has reviewed. NOW it is hereby ORDERED that the funds may be disbursed to the parties pursuant to the terms and conditions set out in the Conlidential Settlement Agreement and Release, as follows: Proceeds from Sale: $131,880.64 s2,276.34 - Robert Norton - Carrying Charges $950.00 - Richard Jarvis - Closing Fee s120.00 - Richard Jarvis Closing Expenses s2,250.00 - Richard Jarvis - Regarding requested non-closing time fees $126,284.30 Remaining Proceeds from Sale - To be allocated and made payable as follows: $42,094.76 - Fabiano Law, PC o/b/o Robert Norton 542,094.77 - Melvin & Melvin o/b/o Wayne Norton $42.094.77 - OBO Bruce Norton Based on the agreed upon allocation ofthe sale proceeds as indicated above, checks shall be issued as follows and forwarded to each party's respective counsel. CHECKS to BE ISSUEDAS FOLLOWS: $44"371.11 - Payable to Fabiano Law, PC o/b/o Roberl Norton - (This represents the carrying charges of $2,276.34 plus the $42,094.7 6.) $42,094.77 - Payable to: Melvin & Melvin o/b/o Wayne Norton 542,094.77 - OBO Bruce Norton It is further, ORDERED that within l5 calendar days of the distribution of the funds, Plaintiffshall further with prejudice ofthe instant action. cause to be filed, a stipulation of discontinuance IT IS SO ORDERED. ENTER December 2023 Oswego, New York &. HON. GREGORY R. GILBERT SUPREME COURT JUSTICE 2 of 2