Preview
FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
RYAN MORGAN
Plaintiff,
-against- SUMMONS
LAURIE MOON,
Defendant.
To the above named defendants:
You are hereby summoned and required to serve upon plaintiff's attorney an
answer to the coniplaint in this action within twenty days after the service of this
summons, exclusive of the day of service, or within thirty 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 by default for the relief
demanded in the complaint.
The basis of venue designated is the residence of the plaintiff which is 3142 State
Highway 80, Sherburne, New York 13460.
DATED: September 23, 2019
Norwich, New York Steven G. Natoli, Esq.
Attorney for Plaintiff
26 Conkey Avenue, Box 127
Norwich, New York 13815
(607) 336-8200
NOTICE: The object of this action is partition of real property.
The relief sought is partition of real property.
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FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
RYAN MORGAN,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.
RJI No.
LAURIE MOON,
Defendant.
The Plaintiff, Ryan Morgan, by and through his attorney, Steven G. Natoli, Esq., as and
for a Verified Complaint against the Defendants, LAURIE MOON, alleges as follows:
1. That the Plaintiff, RYAN MORGAN and the Defendant, LAURIE MOON, own
and possess in fee, as joint tenants with right of survivorship, real property located in the Town
of Sherburne, County of Chenango, and State of New York, which is more particularly described
A"
in "Schedule attached hereto and made a part.hereof.
2. That the Plaintiff has an undivided one-half interest in said property.
3. That, upon information and belief, the Defendant has an undivided on-half
interest in said property.
4. That the parties hereto cannot agree on a division or disposition of said property
and have reached an impasse concerning the possession, use and enjoyment of said property.
5. Upon information and belief, there are no liens on said property and no other
person other than the parties hereto is interested in said premises as owners or otherwise.
6. That said premises are so situated that division or partition thereof among the
parties entitled thereto, according to their respective rights and interests, cannot be had without
great prejudice to the owners thereof.
7. That all the parties to this action are of full age.
8. That the lands herein described are the only lands owned the parties to
jointly by
this action in this State.
NATOLI & NATOLI, LLP
26 Conkey *
Avenue Norwich, New York 13815
(607)336-8200
Page 1 of 4
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FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
WHEREFORE, Plaintiff demands a judgment for a partition and division of said property
between the Plaintiff and the Defendant according to their respective rights and interests as
aforesaid; or, ifpartition thereof cannot be made without great prejudice to the owners, then for a
sale of said property and a division of the proceeds between the said parties according to their
respective rights and interests as aforesaid, after payment of the costs of this action; and for such
other and further relief as the Court may deem just and proper.
Dated: September 23, 2019
Norwich, New York
Natoli & Natoli, LLP
Attorneys for Plaintiff
Steven G. Natoli, Esq.
26 Conkey Avenue
Norwich, New York 13815
(607) 336-8200
NATOLI & NATOLI, LLP
*
26 Conkey Avenue Norwich, New York 13815
(607)336-8200
Page 2 of 4
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FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF CHENANGO )
RYAN MORGAN, being duly sworn, deposes and says that deponent is the Plaintiff in
this action and has read the foregoing Complaint; deponent knows its content and knows that itis
true to the best of deponent's knowledge, except as to those matters stated to be upon information
and belief, and as to those matters deponent believes them to be true.
an organ
Sworn to before me this
23rd
day Of September, 2019.
Notary Public
STEVEN G. NATOLI
Notary Public, State of New York
T Registration No. 02NA6155959
n Qualified in Chenango
County
Commission Expires November 20,
NATOLI & NATOLI, LLP
26 Conkey *
Avenue Norwich, New York 13815
(607)336-8200
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FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
CLIENT CERTIFICATION
I,RYAN MORGAN, HEREBY CERTIFY, under penalty of perjury, that I have carefully
read and reviewed the annexed Verified Complaint and that all information contained in that
document is true and accurate in all respects to the best of my knowledge and understanding.
I FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor anyone
acting on my attorney's behalf, was the source of any of the information contained in the
annexed document; that I provided all of the information contained in the annexed document to
my attorney; and that I understand that my attorney, in executing the Attorney Certification
required by 22 NYCRR 202.16(e), is relying entirely upon the information provided by me and
upon my certification that allsuch information is true and accurate.
I FURTHER CERTIFY that the annexed document includes all information which I
provided to my attorney which is relevant to such document and that my attorney has not
deleted, omitted or excluded any such information.
Dated: September 23, 2019
Norwich, New York
n org
ATTORNEY CERTIFICATION
I, STEVEN G. NATOLI, ESQ., HEREBY CERTIFY, under penalty of perjury and as an
officer of the court, that I have no knowledge that the substance of of the factual submissions
any
contained in this document is false.
I certify that, to the best of my knowledge, information and belief, formed after an
inquiry reasonable under the circumstances, the presentation of this paper or the contentions
herein are not frivolous as defined in subsection (c) of section 130-1.1 of the Rules of the Chief
Administrator (22 NYCRR).
Dated: September 23, 2019
Norwich, New York
Steven G. Natoli
NATOu & NATOLI, LLP
*
26 Conkey Avenue Norwich, New York 13815
(607)336-8200
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FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019
SCHEDULE A
"ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Sherburne,
of and State of New York, bounded and described as follows:
County Chenango,
On the north the old turnpike highway, (now Sherburne-Columbus Road);
by
east lands of William Dart and Sarah L. Perkins; south by the center of Mad
by
and west lands of two acres of land, more or
Brook; by Ray Hilsinger, containing
less,
THAT OTHER TRACT OR PARCEL OF LAND in the aforesaid Town,
ALSO,
and south lands of T.
County, and State bounded on the east by formerly Sidney
center of the little brook that crosses
Dart and on the west and northwest by the
the and runs past the house owned by Sarah Tucker,
highway southerly formerly
estimate o-J1e-half acre of land, more or less. Being the same
containing by
premises deeded to Antonio Yacono and Anna Yacono Frans R. Gustavson
by
and recorded in Chenango Clerk's Office in
wife, February 17, 1919, County
Book 250 of deeds at page 447.
First to the in order that the recordings show
party intending convey property
herself as owner in her married name.
so described in a deed from Rose Sharki to Rose Mary Baker dated
Being Mary
September 18, 1946 and recorded in the Chenango County Clerk's Office on
October 14, 1946, in Liber 335 of Deeds at page 185.
Being the same premises that was conveyed to Albert and Shirley Wilcox in a
deed dated
May 21, 1965 and recorded in the Chenango County Clerk's Office on
May 25, 1965 in Liber 477 of Deeds at page 30.
Shirley Wilcox died a resident of the Town of Sherburne, County of Chenango
and State of New York on March 26, 2003.
Being the same premises as were conveyed from Albert Wilcox, individually and
as spouse of Ann Wilcox, to M. Hamilton Deed dated
surviving Shirley Penny by
April 30, 2003 and recorded in the Chenango County Clerk's Office on May 1,
#2003-000721."
2003 in Instrument
Being the same premises as were conveyed from the Estate of William Ryfinski to
Shirley Campbell by Executor's Deed dated August 27, 2014 and recorded in the
Chenango Clerk's Office on September 2014 in Instrument #2014-
County 2,
00001107.
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Preview
FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO RYAN MORGAN Plaintiff, -against- SUMMONS LAURIE MOON, Defendant. To the above named defendants: You are hereby summoned and required to serve upon plaintiff's attorney an answer to the coniplaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty 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 by default for the relief demanded in the complaint. The basis of venue designated is the residence of the plaintiff which is 3142 State Highway 80, Sherburne, New York 13460. DATED: September 23, 2019 Norwich, New York Steven G. Natoli, Esq. Attorney for Plaintiff 26 Conkey Avenue, Box 127 Norwich, New York 13815 (607) 336-8200 NOTICE: The object of this action is partition of real property. The relief sought is partition of real property. 1 of 6 FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO RYAN MORGAN, Plaintiff, VERIFIED COMPLAINT -against- Index No. RJI No. LAURIE MOON, Defendant. The Plaintiff, Ryan Morgan, by and through his attorney, Steven G. Natoli, Esq., as and for a Verified Complaint against the Defendants, LAURIE MOON, alleges as follows: 1. That the Plaintiff, RYAN MORGAN and the Defendant, LAURIE MOON, own and possess in fee, as joint tenants with right of survivorship, real property located in the Town of Sherburne, County of Chenango, and State of New York, which is more particularly described A" in "Schedule attached hereto and made a part.hereof. 2. That the Plaintiff has an undivided one-half interest in said property. 3. That, upon information and belief, the Defendant has an undivided on-half interest in said property. 4. That the parties hereto cannot agree on a division or disposition of said property and have reached an impasse concerning the possession, use and enjoyment of said property. 5. Upon information and belief, there are no liens on said property and no other person other than the parties hereto is interested in said premises as owners or otherwise. 6. That said premises are so situated that division or partition thereof among the parties entitled thereto, according to their respective rights and interests, cannot be had without great prejudice to the owners thereof. 7. That all the parties to this action are of full age. 8. That the lands herein described are the only lands owned the parties to jointly by this action in this State. NATOLI & NATOLI, LLP 26 Conkey * Avenue Norwich, New York 13815 (607)336-8200 Page 1 of 4 2 of 6 FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 WHEREFORE, Plaintiff demands a judgment for a partition and division of said property between the Plaintiff and the Defendant according to their respective rights and interests as aforesaid; or, ifpartition thereof cannot be made without great prejudice to the owners, then for a sale of said property and a division of the proceeds between the said parties according to their respective rights and interests as aforesaid, after payment of the costs of this action; and for such other and further relief as the Court may deem just and proper. Dated: September 23, 2019 Norwich, New York Natoli & Natoli, LLP Attorneys for Plaintiff Steven G. Natoli, Esq. 26 Conkey Avenue Norwich, New York 13815 (607) 336-8200 NATOLI & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 2 of 4 3 of 6 FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF CHENANGO ) RYAN MORGAN, being duly sworn, deposes and says that deponent is the Plaintiff in this action and has read the foregoing Complaint; deponent knows its content and knows that itis true to the best of deponent's knowledge, except as to those matters stated to be upon information and belief, and as to those matters deponent believes them to be true. an organ Sworn to before me this 23rd day Of September, 2019. Notary Public STEVEN G. NATOLI Notary Public, State of New York T Registration No. 02NA6155959 n Qualified in Chenango County Commission Expires November 20, NATOLI & NATOLI, LLP 26 Conkey * Avenue Norwich, New York 13815 (607)336-8200 Page 3 of 4 4 of 6 FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 CLIENT CERTIFICATION I,RYAN MORGAN, HEREBY CERTIFY, under penalty of perjury, that I have carefully read and reviewed the annexed Verified Complaint and that all information contained in that document is true and accurate in all respects to the best of my knowledge and understanding. I FURTHER CERTIFY, under penalty of perjury, that neither my attorney, nor anyone acting on my attorney's behalf, was the source of any of the information contained in the annexed document; that I provided all of the information contained in the annexed document to my attorney; and that I understand that my attorney, in executing the Attorney Certification required by 22 NYCRR 202.16(e), is relying entirely upon the information provided by me and upon my certification that allsuch information is true and accurate. I FURTHER CERTIFY that the annexed document includes all information which I provided to my attorney which is relevant to such document and that my attorney has not deleted, omitted or excluded any such information. Dated: September 23, 2019 Norwich, New York n org ATTORNEY CERTIFICATION I, STEVEN G. NATOLI, ESQ., HEREBY CERTIFY, under penalty of perjury and as an officer of the court, that I have no knowledge that the substance of of the factual submissions any contained in this document is false. I certify that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous as defined in subsection (c) of section 130-1.1 of the Rules of the Chief Administrator (22 NYCRR). Dated: September 23, 2019 Norwich, New York Steven G. Natoli NATOu & NATOLI, LLP * 26 Conkey Avenue Norwich, New York 13815 (607)336-8200 Page 4 of 4 5 of 6 FILED: CHENANGO COUNTY CLERK 09/23/2019 10:26 AM INDEX NO. 2019-5472 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2019 SCHEDULE A "ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Sherburne, of and State of New York, bounded and described as follows: County Chenango, On the north the old turnpike highway, (now Sherburne-Columbus Road); by east lands of William Dart and Sarah L. Perkins; south by the center of Mad by and west lands of two acres of land, more or Brook; by Ray Hilsinger, containing less, THAT OTHER TRACT OR PARCEL OF LAND in the aforesaid Town, ALSO, and south lands of T. County, and State bounded on the east by formerly Sidney center of the little brook that crosses Dart and on the west and northwest by the the and runs past the house owned by Sarah Tucker, highway southerly formerly estimate o-J1e-half acre of land, more or less. Being the same containing by premises deeded to Antonio Yacono and Anna Yacono Frans R. Gustavson by and recorded in Chenango Clerk's Office in wife, February 17, 1919, County Book 250 of deeds at page 447. First to the in order that the recordings show party intending convey property herself as owner in her married name. so described in a deed from Rose Sharki to Rose Mary Baker dated Being Mary September 18, 1946 and recorded in the Chenango County Clerk's Office on October 14, 1946, in Liber 335 of Deeds at page 185. Being the same premises that was conveyed to Albert and Shirley Wilcox in a deed dated May 21, 1965 and recorded in the Chenango County Clerk's Office on May 25, 1965 in Liber 477 of Deeds at page 30. Shirley Wilcox died a resident of the Town of Sherburne, County of Chenango and State of New York on March 26, 2003. Being the same premises as were conveyed from Albert Wilcox, individually and as spouse of Ann Wilcox, to M. Hamilton Deed dated surviving Shirley Penny by April 30, 2003 and recorded in the Chenango County Clerk's Office on May 1, #2003-000721." 2003 in Instrument Being the same premises as were conveyed from the Estate of William Ryfinski to Shirley Campbell by Executor's Deed dated August 27, 2014 and recorded in the Chenango Clerk's Office on September 2014 in Instrument #2014- County 2, 00001107. 6 of 6