Preview
FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
------------------------------------------X
SUMMONS
ELLEN KENNEY,
Index No.:
Plaintiff, Date Summons Filed:
Plaintiff designates Albany
- against - as the place of trial
County
MICHAEL MOAK, BRANDON LONGHI, and "John
The basis ofvenue is:
Doe(s)" Doe(s)"
and "Jane
Plaintiff's domicile is Albany
County.
Defendants.
_ __ __ _ _------------------------ ____Ç
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an
Answer to the Complaint in this action within twenty (20) days after the service of this Summons,
exclusive of the day of service, or within thirty (30) days after service is complete if this Summons
is not personally delivered to you within the State of New York. In case of your failure to Answer,
judgment will be taken against you be default for the relief demanded in the Complaint.
Dated: March 25, 2024
Albany, New York THE TOWNE LAW FIRM, P.C.
Mark T. Houston, Esq
Attorneys for Plaintiff
500 New Karner Road, P.O. Box 15072
Albany, New York 12212
Phone (518) 452-1800
TO:
Michael Moak Brandon Longhi
19 Grant Avenue 19 Grant Avenue
Albany, New York 12206 Albany, New York 12206
John Doe(s) Jane Doe(s)
19 Grant Avenue 19 Grant Avenue
Albany, New York 12206 Albany, New York 12206
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ALBANY
_ _ _________________________________Ç
ELLEN KENNEY, Index No.:
Date Summons Filed:
Plaintiff,
- against - COMPLAINT
MICHAEL MOAK, BRANDON LONGHI, and "John
Doe(s)" Doe(s)"
and "Jane
Defendants.
---------------------------------------------X
Plaintiff, ELLEN KENNEY, by and through her attorneys, The Towne Law Firm, P.C., as
and for a complaint, allege the following:
1. That the Plaintiff, ELLEN KENNEY, is a resident of the County of Albany, State
of New York.
2. That upon information and belief and at all times hereinafter mentioned, Defendant,
MICHAEL MOAK (hereinafter referred to as "Defendant-Moak") was and still is a resident of the
County of Albany, State of New York.
3. That upon infonnation and belief and at all times hereinafter mentioned, Defendant,
BRANDON LONGHI (hereinafter referred to as "Defendant-Longhi") was and still is a resident
of the County of Albany, State of New York.
4. That upon information and belief and at all times hereinafter mentioned, "John
Doe(s)"
are fictious and unknown to Plaintiff. The persons intended being those in possession and
or control of the premises: 19 Grant Avenue, City of Albany, County of Albany, State of New York.
5. That upon information and belief and at all times hereinafter mentioned, Defendant,
John Doe(s) was and still is residents of the County of Albany, State of New York.
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6. That upon information and belief and at all times hereinafter mentioned, "Jane
Doe(s)"
are fictious and unknown to Plaintiff The persons intended being those in possession and
or control of the premises: 19 Grant Avenue, City of Albany, County of Albany, State of New York.
7. That upon information and belief and at all times hereinafter mentioned, Defendant,
Jane Doe(s) was and still is residents of the County of Albany, State of New York.
FACTS COMMON TO ALL CAUSES OF ACTION
8. Plaintiff is the owner in fee simple of the premises known as 19 Grant Avenue, City
of Albany, County of Albany, New York, Tax Map Id: 64.28-2-25, and referred to in this complaint
a "19 Grant Ave".
9. That upon infonnation and belief, 19 Grant Ave has as of the City of Albany's 2023
Final Assessment Roll has a full market value of $35,296.
10. That upon information and belief, in July of 2014 Defendant-Moak entered into
possession of 19 Grant Ave as a tenant at will of Plaintiff.
11. That upon information and belief, Defendant-Moak subsequently sublet his interest
in 19 Grant Ave to Defendants, Longhi, John, and Janes Does without notice or consent of Plaintiff.
FIRST CAUSE OF ACTION FOR E JECTMENT
(Against All Defend ants)
"1"
12. Plaintiff repeats and realleges the allegations set forth in paragraphs through
"11"
as if set forth herein.
13. On November 16, 2023, Plaintiff served Defendants with a notice in writing
requiring Defendants quit Plaintiff's 19 Grant Avenue and deliver up possession of the same on or
before February 29, 2024.
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14. Defendants willfully remained in possession of and occupied Plaintiff's property
after February 29, 2024, and still refuses to quit the premises.
Defendants'
15. By reason of wrongful acts, Plaintiff has been deprived of the
possession and use of the above-described property.
SECOND CAUSE OF ACTION FOR COMMON LAW WASTE
(Against All Defendants)
"I"
16. Plaintiff repeats and realleges the allegations set forth in paragraphs through
"15"
as if set forth herein.
17. On or about July of 2014, Plaintiff, as owner of 19 Grant Ave, leased the
aforementioned property to Defendant-Moak.
18. On or about July of 2014, Plaintiff, as owner of 19 Grant Ave, granted a license tod
the aforementioned property to Defendant-Moak.
19. On or about July of 2014, Defendant-Moak commenced uninterrupted possession
of 19 Grant Ave.
20. At some point after coming into possession of 19 Grant Ave., Defendant-Moak
sublet his interests to Defendant- Longhi and John and Jane Does without
possessory notifying
Plaintiff.
21. The aforementioned subletting was without Plaintiff's express or implied consent.
22. Upon information and belief, after coming into possession of 19 Grant Ave and on
subsequent occasions without Plaintiff's knowledge or permission, express or implied, caused
certain acts of waste to be committed upon the premises, including but not limited to the
destruction of electrical fixtures, the accumulation of refuse materials throughout the interior and
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exterior of the property, destruction of interior structural surfaces, destruction of ventilation
fixtures, destruction of stairways, destruction and manipulation ofthe basement area with an illegal
addition.
23. By reason of the above described acts of waste committed by Defendants to 19
Grant Ave, Plaintiff's interest as owner of the premises, has been damaged in a sum in an amount
which is in excess of the jurisdictional limits of all lower courts in which this action could
otherwise have been brought.
THIRD CAUSE OF ACTION STATUTORY WASTE (RPAPL §801)
(Against All Defendants)
"1"
24. Plaintiff repeats and realleges the allegations set forth in paragraphs through
"23"
as if set forth herein.
25. Sometime after Defendants took possession of 19 Grant Ave without the knowledge
or consent of Plaintiff, Defendants made structural changes in the premises by partially being to
build an addition to the basement of the premises.
26. Defendants have not removed the addition or sought permission of the City of
Albany to continue the aforesaid work.
27. The alterations to 19 Grant Ave were structural alterations and did not have
legitimate purpose.
28. The work caused by Defendants materially injured Plaintiff's interest in the
premises, and materially changed the nature and character of the premises.
29. Plaintiff will be required to expend substantial sums of money to repair the premises
and restore them to their original condition.
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30. By reason of the above described acts of waste committed by Defendants to 19
Grant Ave, Plaintiff's interest as owner of the premises, has been damaged in a sum in an amount
which is in excess of the jurisdictional limits of all lower courts in which this action could
otherwise have been brought.
WHEREFORE, Plaintiff demands judgment:
1. restoring plaintiff to the possession the above-described real property;
2. granting plaintiff damages in a sum to be determined by a jury;
3. granting plaintiff costs and disbursements in this action; and
4. granting plaintiff such other relief as to this court that seems just and proper.
Dated: March 25, 2024
Albany, New York THE TOWNE LAW FIRM, P.C.
Mark T. Houston, Esq.
Attorneys for Plaintiff
500 New Karner Road, P.O. Box 15072
Albany, New York 12212
Phone (518) 452-1800
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Preview
FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY ------------------------------------------X SUMMONS ELLEN KENNEY, Index No.: Plaintiff, Date Summons Filed: Plaintiff designates Albany - against - as the place of trial County MICHAEL MOAK, BRANDON LONGHI, and "John The basis ofvenue is: Doe(s)" Doe(s)" and "Jane Plaintiff's domicile is Albany County. Defendants. _ __ __ _ _------------------------ ____Ç TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys an Answer to the Complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to Answer, judgment will be taken against you be default for the relief demanded in the Complaint. Dated: March 25, 2024 Albany, New York THE TOWNE LAW FIRM, P.C. Mark T. Houston, Esq Attorneys for Plaintiff 500 New Karner Road, P.O. Box 15072 Albany, New York 12212 Phone (518) 452-1800 TO: Michael Moak Brandon Longhi 19 Grant Avenue 19 Grant Avenue Albany, New York 12206 Albany, New York 12206 John Doe(s) Jane Doe(s) 19 Grant Avenue 19 Grant Avenue Albany, New York 12206 Albany, New York 12206 1 1 of 6 FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY _ _ _________________________________Ç ELLEN KENNEY, Index No.: Date Summons Filed: Plaintiff, - against - COMPLAINT MICHAEL MOAK, BRANDON LONGHI, and "John Doe(s)" Doe(s)" and "Jane Defendants. ---------------------------------------------X Plaintiff, ELLEN KENNEY, by and through her attorneys, The Towne Law Firm, P.C., as and for a complaint, allege the following: 1. That the Plaintiff, ELLEN KENNEY, is a resident of the County of Albany, State of New York. 2. That upon information and belief and at all times hereinafter mentioned, Defendant, MICHAEL MOAK (hereinafter referred to as "Defendant-Moak") was and still is a resident of the County of Albany, State of New York. 3. That upon infonnation and belief and at all times hereinafter mentioned, Defendant, BRANDON LONGHI (hereinafter referred to as "Defendant-Longhi") was and still is a resident of the County of Albany, State of New York. 4. That upon information and belief and at all times hereinafter mentioned, "John Doe(s)" are fictious and unknown to Plaintiff. The persons intended being those in possession and or control of the premises: 19 Grant Avenue, City of Albany, County of Albany, State of New York. 5. That upon information and belief and at all times hereinafter mentioned, Defendant, John Doe(s) was and still is residents of the County of Albany, State of New York. 2 2 of 6 FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 6. That upon information and belief and at all times hereinafter mentioned, "Jane Doe(s)" are fictious and unknown to Plaintiff The persons intended being those in possession and or control of the premises: 19 Grant Avenue, City of Albany, County of Albany, State of New York. 7. That upon information and belief and at all times hereinafter mentioned, Defendant, Jane Doe(s) was and still is residents of the County of Albany, State of New York. FACTS COMMON TO ALL CAUSES OF ACTION 8. Plaintiff is the owner in fee simple of the premises known as 19 Grant Avenue, City of Albany, County of Albany, New York, Tax Map Id: 64.28-2-25, and referred to in this complaint a "19 Grant Ave". 9. That upon infonnation and belief, 19 Grant Ave has as of the City of Albany's 2023 Final Assessment Roll has a full market value of $35,296. 10. That upon information and belief, in July of 2014 Defendant-Moak entered into possession of 19 Grant Ave as a tenant at will of Plaintiff. 11. That upon information and belief, Defendant-Moak subsequently sublet his interest in 19 Grant Ave to Defendants, Longhi, John, and Janes Does without notice or consent of Plaintiff. FIRST CAUSE OF ACTION FOR E JECTMENT (Against All Defend ants) "1" 12. Plaintiff repeats and realleges the allegations set forth in paragraphs through "11" as if set forth herein. 13. On November 16, 2023, Plaintiff served Defendants with a notice in writing requiring Defendants quit Plaintiff's 19 Grant Avenue and deliver up possession of the same on or before February 29, 2024. 3 3 of 6 FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 14. Defendants willfully remained in possession of and occupied Plaintiff's property after February 29, 2024, and still refuses to quit the premises. Defendants' 15. By reason of wrongful acts, Plaintiff has been deprived of the possession and use of the above-described property. SECOND CAUSE OF ACTION FOR COMMON LAW WASTE (Against All Defendants) "I" 16. Plaintiff repeats and realleges the allegations set forth in paragraphs through "15" as if set forth herein. 17. On or about July of 2014, Plaintiff, as owner of 19 Grant Ave, leased the aforementioned property to Defendant-Moak. 18. On or about July of 2014, Plaintiff, as owner of 19 Grant Ave, granted a license tod the aforementioned property to Defendant-Moak. 19. On or about July of 2014, Defendant-Moak commenced uninterrupted possession of 19 Grant Ave. 20. At some point after coming into possession of 19 Grant Ave., Defendant-Moak sublet his interests to Defendant- Longhi and John and Jane Does without possessory notifying Plaintiff. 21. The aforementioned subletting was without Plaintiff's express or implied consent. 22. Upon information and belief, after coming into possession of 19 Grant Ave and on subsequent occasions without Plaintiff's knowledge or permission, express or implied, caused certain acts of waste to be committed upon the premises, including but not limited to the destruction of electrical fixtures, the accumulation of refuse materials throughout the interior and 4 4 of 6 FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 exterior of the property, destruction of interior structural surfaces, destruction of ventilation fixtures, destruction of stairways, destruction and manipulation ofthe basement area with an illegal addition. 23. By reason of the above described acts of waste committed by Defendants to 19 Grant Ave, Plaintiff's interest as owner of the premises, has been damaged in a sum in an amount which is in excess of the jurisdictional limits of all lower courts in which this action could otherwise have been brought. THIRD CAUSE OF ACTION STATUTORY WASTE (RPAPL §801) (Against All Defendants) "1" 24. Plaintiff repeats and realleges the allegations set forth in paragraphs through "23" as if set forth herein. 25. Sometime after Defendants took possession of 19 Grant Ave without the knowledge or consent of Plaintiff, Defendants made structural changes in the premises by partially being to build an addition to the basement of the premises. 26. Defendants have not removed the addition or sought permission of the City of Albany to continue the aforesaid work. 27. The alterations to 19 Grant Ave were structural alterations and did not have legitimate purpose. 28. The work caused by Defendants materially injured Plaintiff's interest in the premises, and materially changed the nature and character of the premises. 29. Plaintiff will be required to expend substantial sums of money to repair the premises and restore them to their original condition. 5 5 of 6 FILED: ALBANY COUNTY CLERK 03/25/2024 11:33 AM INDEX NO. 902865-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/25/2024 30. By reason of the above described acts of waste committed by Defendants to 19 Grant Ave, Plaintiff's interest as owner of the premises, has been damaged in a sum in an amount which is in excess of the jurisdictional limits of all lower courts in which this action could otherwise have been brought. WHEREFORE, Plaintiff demands judgment: 1. restoring plaintiff to the possession the above-described real property; 2. granting plaintiff damages in a sum to be determined by a jury; 3. granting plaintiff costs and disbursements in this action; and 4. granting plaintiff such other relief as to this court that seems just and proper. Dated: March 25, 2024 Albany, New York THE TOWNE LAW FIRM, P.C. Mark T. Houston, Esq. Attorneys for Plaintiff 500 New Karner Road, P.O. Box 15072 Albany, New York 12212 Phone (518) 452-1800 6 6 of 6