Preview
FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF DELAWARE
x
LYNNE RESCH,
Plaintiff, COMPLAINT
-against- Index No.
CATSKILL COMMONS, LLC, GABRIELLE COHEN
a/k/a GABE COHEN, ALEXIS COHEN, and
JOHN DOE #1-10 and JANE DOES #1-10 being
Persons who by any contingency in a devise or grant or
otherwise could afterward become entitled to a beneficial
estate or interest in the property involved,
Defendants.
Plaintiff, Lynne Resch, by her attorneys, Coughlin & Gerhart, LLP, hereby allege, upon
information and belief, as follows:
1. At all times hereinafter mentioned, Plaintiff resides at 377 Reinertsen Hill Road in
the Town of Bovina Center, County of Delaware, State of New York.
2. Upon information and belief, Defendant, Catskill Commons, LLC is a domestic
corporation organized under the laws of the State of New York with a principal place of business
at 2790 Byrne Park Lane, Los Altos Hill, California 94022.
3. Upon further information and belief, at all times hereinafter mentioned, Defendant
Catskill Commons, LLC owns property located at 904 Reinertsen Hill Road in the Town of
Bovina Center, County of Delaware, State of New York.
4. Upon further information and belief, at all times hereinafter mentioned, Defendant
Catskill Commons, LLC, through its members and/or tenants, occupies, possesses, maintains
and controls said premises.
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5. Upon information and belief, Defendant, Gabrielle Cohen, a/k/a Gabe Cohen, is a
resident of the State of New York with a purported address of 904 Reinertsen Hill Road, Bovina
Center, New York 13740.
6. Upon information and belief, Defendant, Alexis Cohen, is a resident of the State
of New York with a purported address of 904 Reinertsen Hill Road, Bovina Center, New York
13740.
7. Upon further information and belief, at all times hereinafter mentioned,
Defendants Gabrielle Cohen and Alexis Cohen occupy, possess, maintain and control said
premises.
8. This action is brought pursuant to Article 15 of the New York Real Property
Actions and Proceedings Law to establish ownership by adverse possession and/or practical
location to compel the determination of claims to the real property hereinafter described.
9. On or about July 6, 2017, Plaintiff, acquired property located at located at 377
Reinertsen Hill Road in the Town of Bovina Center, County of Delaware, State of New York. A
copy of the Deed are attached hereto as Exhibit "A".
10. Upon information and belief, Defendant Catskill Commons, LLC is the owner of
adjoining property to the northeast and otherwise known as 904 Reinertsen Hill Road, Bovina
"B"
Center, New York 13740. Attached hereto as Exhibit is a copy of Defendanes Deed.
11. Beginning in or around 2011, Plaintiff entered into continuous and uninterrupted
occupation and possession adversely, continuing without interruption the occupation and
possession adversely of Plaintiff's predecessor in title, through whom Plaintiff claims, of certain
lands situated in the Town of Bovina Center, County of Delaware, State of New York consisting
of an approximate 10 foot strip of land along the westerly boundary of Defendanes property as it
adjoins Plaintiff's property.
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12. 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.
13. Plaintiff and her predecessors in title cultivated and improved the aforementioned
premises for more than 10 years.
14. Plaintiff and her predecessors in title continuously protected the aforementioned
premises by substantial enclosure.
15. The Defendants and each of them claim or may claim an interest in the
aforementioned premises.
16. Upon information and belief, all of the Defendants are known and none are infants,
mentally retarded, mentally ill or alcohol abusers.
17. No personal claim is made against any defendant other than a defendant who
shall assert a claim adverse to the claim of Plaintiff as set forth herein.
18. Upon information and belief, any judgment granted herein will not affect any person
or persons not in being or ascertained at the commencement of the action, who by any contingency
in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in
the property involved, and every person in being who would have been entitled to such estate or
interest, if such event had happened immediately before the commencement of the action is named
as a party hereto.
AS AND FOR A SECOND CAUSE OF ACTION
19. Plaintiffs repeat and reallege each and every allegation enumerated at
"1" "18"
paragraphs through above.
20. Plaintiff, individually and through her predecessors in interest, have identified and
clearly demarcated in mutual acquiescence a boundary line.
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21. 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 by practical location.
AS ANDFOR A THIRDCAUSE OF ACTION
22. Plaintiffs repeat and reallege each and every allegation enumerated at
"1" "22"
paragraphs through above.
23. Beginning in July of 2023, and continuing thereafter, most recently between
March 16, 2024 and March 31, 2024, Defendants, and or persons under their control, have
created loud disturbances and installed structures maliciously intended to both prevent Plaintiff
from enjoying the peaceful use of her property and invade her privacy.
24. More specifically, by letter dated March 13, 2024, Defendant Catskill Commons
LLC, accused Plaintiff of committing several transgressions on its property, including "alteration
of a dirt road".
25. By letter dated March 15, 2024, Plaintiff denied committing the transgressions
and requested proof thereof.
26. Additionally, by said letter, Plaintiff demanded that Defendants cease harassing
her.
27. The following day, Defendants installed a surveillance camera with the intention
of viewing Plaintiff's property and, upon information and belief, Plaintiff herself inside her home.
28. In the following weeks, Defendants installed a fence preventing Plaintiff from
accessing trees she had planted several years ago and later installed several more surveillance
cameras, all, upon information and belief, for the purpose of viewing Plaintiff both in her home
and on her property.
29. Upon information and belief, the actions and conduct of the Defendants, and/or
persons under their control, was designed to harass and unreasonably annoy Plaintiff and to
further cause her fear and distress.
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30. The acts of the Defendants, and/or persons under their control, constitute an
unreasonable use of their property and a nuisance injurious to the Plaintiff and her property.
31. As a result of the foregoing, Plaintiff has suffered physical and emotional
damages in an amount not exceeding the jurisdiction of this court.
AS AND FOR A FOURTH CAUSE OF ACTION
32. Plaintiffs repeat and reallege each and every allegation enumerated at
"1" "31"
paragraphs through above.
33. Defendants actions and conduct are continuing in nature.
34. Plaintiff has no adequate remedy at law.
35. As a result of the foregoing, Plaintiff seeks a declaration that Defendants be
enjoined from continuing to harass and annoy Plaintiff and a determination that Defendants
remove all cameras that designed and intended to view Plaintiff and her property.
WHEREFORE, Plaintiff respectfully demands judgment on her first and second cause of
action against the Defendants imposing a constructive trust upon the real property described in
the complaint and that a deed be executed by Defendant conveying to the Plaintiff legal title to
the referenced property, and on her third cause of action for a sum of money not to exceed the
jurisdictional limits of this court, and on her fourth cause of action for a declaration that
Defendants be enjoined from further harassment and nuisance, together with the costs and
disbursements of this action, and for such other and further relief as this Court may deem just
and proper.
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Dated: Binghamton, New York
April 2, 2024
COUGHLIN ERHART, LLP
By:
KEITH A. O‰ARA, ESQ.
Attorneys for Plaintiff
99 Corporate Drive
P.O. Box 2039
Binghamton, New York 13902-2039
(607) 723-9511
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Preview
FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF DELAWARE x LYNNE RESCH, Plaintiff, COMPLAINT -against- Index No. CATSKILL COMMONS, LLC, GABRIELLE COHEN a/k/a GABE COHEN, ALEXIS COHEN, and JOHN DOE #1-10 and JANE DOES #1-10 being Persons who by any contingency in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the property involved, Defendants. Plaintiff, Lynne Resch, by her attorneys, Coughlin & Gerhart, LLP, hereby allege, upon information and belief, as follows: 1. At all times hereinafter mentioned, Plaintiff resides at 377 Reinertsen Hill Road in the Town of Bovina Center, County of Delaware, State of New York. 2. Upon information and belief, Defendant, Catskill Commons, LLC is a domestic corporation organized under the laws of the State of New York with a principal place of business at 2790 Byrne Park Lane, Los Altos Hill, California 94022. 3. Upon further information and belief, at all times hereinafter mentioned, Defendant Catskill Commons, LLC owns property located at 904 Reinertsen Hill Road in the Town of Bovina Center, County of Delaware, State of New York. 4. Upon further information and belief, at all times hereinafter mentioned, Defendant Catskill Commons, LLC, through its members and/or tenants, occupies, possesses, maintains and controls said premises. 23781 1 of 6 FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 5. Upon information and belief, Defendant, Gabrielle Cohen, a/k/a Gabe Cohen, is a resident of the State of New York with a purported address of 904 Reinertsen Hill Road, Bovina Center, New York 13740. 6. Upon information and belief, Defendant, Alexis Cohen, is a resident of the State of New York with a purported address of 904 Reinertsen Hill Road, Bovina Center, New York 13740. 7. Upon further information and belief, at all times hereinafter mentioned, Defendants Gabrielle Cohen and Alexis Cohen occupy, possess, maintain and control said premises. 8. This action is brought pursuant to Article 15 of the New York Real Property Actions and Proceedings Law to establish ownership by adverse possession and/or practical location to compel the determination of claims to the real property hereinafter described. 9. On or about July 6, 2017, Plaintiff, acquired property located at located at 377 Reinertsen Hill Road in the Town of Bovina Center, County of Delaware, State of New York. A copy of the Deed are attached hereto as Exhibit "A". 10. Upon information and belief, Defendant Catskill Commons, LLC is the owner of adjoining property to the northeast and otherwise known as 904 Reinertsen Hill Road, Bovina "B" Center, New York 13740. Attached hereto as Exhibit is a copy of Defendanes Deed. 11. Beginning in or around 2011, Plaintiff entered into continuous and uninterrupted occupation and possession adversely, continuing without interruption the occupation and possession adversely of Plaintiff's predecessor in title, through whom Plaintiff claims, of certain lands situated in the Town of Bovina Center, County of Delaware, State of New York consisting of an approximate 10 foot strip of land along the westerly boundary of Defendanes property as it adjoins Plaintiff's property. 23781 2 of 6 FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 12. 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. 13. Plaintiff and her predecessors in title cultivated and improved the aforementioned premises for more than 10 years. 14. Plaintiff and her predecessors in title continuously protected the aforementioned premises by substantial enclosure. 15. The Defendants and each of them claim or may claim an interest in the aforementioned premises. 16. Upon information and belief, all of the Defendants are known and none are infants, mentally retarded, mentally ill or alcohol abusers. 17. No personal claim is made against any defendant other than a defendant who shall assert a claim adverse to the claim of Plaintiff as set forth herein. 18. Upon information and belief, any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of the action, who by any contingency in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved, and every person in being who would have been entitled to such estate or interest, if such event had happened immediately before the commencement of the action is named as a party hereto. AS AND FOR A SECOND CAUSE OF ACTION 19. Plaintiffs repeat and reallege each and every allegation enumerated at "1" "18" paragraphs through above. 20. Plaintiff, individually and through her predecessors in interest, have identified and clearly demarcated in mutual acquiescence a boundary line. 23781 3 of 6 FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 21. 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 by practical location. AS ANDFOR A THIRDCAUSE OF ACTION 22. Plaintiffs repeat and reallege each and every allegation enumerated at "1" "22" paragraphs through above. 23. Beginning in July of 2023, and continuing thereafter, most recently between March 16, 2024 and March 31, 2024, Defendants, and or persons under their control, have created loud disturbances and installed structures maliciously intended to both prevent Plaintiff from enjoying the peaceful use of her property and invade her privacy. 24. More specifically, by letter dated March 13, 2024, Defendant Catskill Commons LLC, accused Plaintiff of committing several transgressions on its property, including "alteration of a dirt road". 25. By letter dated March 15, 2024, Plaintiff denied committing the transgressions and requested proof thereof. 26. Additionally, by said letter, Plaintiff demanded that Defendants cease harassing her. 27. The following day, Defendants installed a surveillance camera with the intention of viewing Plaintiff's property and, upon information and belief, Plaintiff herself inside her home. 28. In the following weeks, Defendants installed a fence preventing Plaintiff from accessing trees she had planted several years ago and later installed several more surveillance cameras, all, upon information and belief, for the purpose of viewing Plaintiff both in her home and on her property. 29. Upon information and belief, the actions and conduct of the Defendants, and/or persons under their control, was designed to harass and unreasonably annoy Plaintiff and to further cause her fear and distress. 23781 4 of 6 FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 30. The acts of the Defendants, and/or persons under their control, constitute an unreasonable use of their property and a nuisance injurious to the Plaintiff and her property. 31. As a result of the foregoing, Plaintiff has suffered physical and emotional damages in an amount not exceeding the jurisdiction of this court. AS AND FOR A FOURTH CAUSE OF ACTION 32. Plaintiffs repeat and reallege each and every allegation enumerated at "1" "31" paragraphs through above. 33. Defendants actions and conduct are continuing in nature. 34. Plaintiff has no adequate remedy at law. 35. As a result of the foregoing, Plaintiff seeks a declaration that Defendants be enjoined from continuing to harass and annoy Plaintiff and a determination that Defendants remove all cameras that designed and intended to view Plaintiff and her property. WHEREFORE, Plaintiff respectfully demands judgment on her first and second cause of action against the Defendants imposing a constructive trust upon the real property described in the complaint and that a deed be executed by Defendant conveying to the Plaintiff legal title to the referenced property, and on her third cause of action for a sum of money not to exceed the jurisdictional limits of this court, and on her fourth cause of action for a declaration that Defendants be enjoined from further harassment and nuisance, together with the costs and disbursements of this action, and for such other and further relief as this Court may deem just and proper. 23781 5 of 6 FILED: DELAWARE COUNTY CLERK 04/02/2024 01:47 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/02/2024 Dated: Binghamton, New York April 2, 2024 COUGHLIN ERHART, LLP By: KEITH A. O‰ARA, ESQ. Attorneys for Plaintiff 99 Corporate Drive P.O. Box 2039 Binghamton, New York 13902-2039 (607) 723-9511 23781 6 of 6