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FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
STATE OF NEW YORK
SUPREME COURT : COUNTY OF BROOME
IRENE PHILLIPS,
SUMMONS
Plaintiff, Index No.:
-against- Date Filed:
CRAIG FRITZSCH and DIANE FRITZSCH,
Defendants.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this acti
copy of your answer, or, if the complaint is not served with this summons, to s
appearance, on the Plaintiff s undersigned attorney within twenty (20) days after
summons, exclusive of the
day of service (or within thirty (30) days after the se
if this summons is not personally delivered to you within the State of New York);
your failure to appear or answer, judgment will be taken against you by default
demanded in the complaint.
Plaintiff resides at 997 Dunham Hill Road, Binghamton, New York 13905.
Defendants resides at 353 Corbin Road, Bainbridge, New York 13733.
Dated: July 24, 2019
Binghamton, New York
R nald R. Benjamin, Esq.
Law office of Ronald R. Benjamin
1 of 4 for Irene Phillips
Attorney Plaintiff
FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
STATE OF NEW YORK
SUPREME COURT : COUNTY OF BROOME
IRENE PHILLIPS,
Plaintiff, COMPLAINT
-against-
CRAIG FRITZSCH and DIANE FRITZSCH,
Defendant.
Plaintiff, Irene Phillips, by and through her attorney, the Law Office of Ronald R.
Benjamin, as and for her Complaint against defendants Craig Fritzsch and Diane Fritzsch, herein
alleges as follows:
1. Plaintiff Irene Phillips resides at 997 Dunham Hill Road, Town of Barker, County
of Broome, and State of New York.
2. Upon information and belief, defendants Craig Fritzsch and Diane Fritzsch reside
at 353 Corbin Road, Town of Bainbridge, County of Chenango, State of New York.
STATEMENT OF FACTS
3. That on or about November 4, 2018, plaintiff attended an auction and made of
successful bid for $4,000.00 on a parcel of real property owned by defendants and designated as
tax map number 054.00-1-16, located at 997 Dunham Hill Road in the Town of Barker, County
of Chenango, and State of New York ("Dunham Hill Road").
4. That defendant Craig Fritzsch accepted plaintiff's offer to purchase upon signing
said offer at the auction, and was thereafter bound by itsterms. The contract is annexed hereto as
Exhibit 1.
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FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
5. That plaintiff paid a deposit of $880.00 at the auction.
6. That plaintiff was scheduled to close on the property on or before December 4,
2018, and was told the closing would not take place, without any reason being given therefore.
7. That thereafter, plaintiff made multiple attempts to close on the property and
defendants refused to do so.
defendants'
8. That refusal to close on the property constitutes a breach of the
contract.
9. That when plaintiff sought to close on the property to complete the transaction,
defendants not only refused to close but demanded that plaintiff pay $1,650.00 as arrears
allegedly owed on said parcel.
10. That on advice of her previous counsel plaintiff made said payment despite the
fact that she made a valid purchase at the auction and no such arrearage existed.
11. Plaintiff also paid defendant $507.00 to defendant on or about March 12, 2019.
12. That together with the $880 paid to defendant at the auction, the $1,650 paid after
the auction, the $507 plaintiff paid in March 2019, plaintiff has paid $3,037 and therefore a
balance of $963 remains on the purchase price of $4000.
13. That because plaintiff made improvements to the property at a cost of $6,742.36,
and has resided on the property since September, 2016, and paid substantially toward the auction
purchase price, the same represent unique circumstances that warrant plaintiff receiving equitable
relief in the form of specific performance.
14. That the plaintiff's sitepreparation work at the Dunham Hill Road parcel included
having underground electrical service installed, installation of a new water well, well pump, and
well cap, installation of underground sewer pipe, installation of a gravel pad for the mobile
2
3 of 4
FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
home, certified engineer blue prints for the pad, removal of the decrepit mobile
the parcel, and extensive clean-up and removal of garbage from the parcel.
15. That defendants never reimbursed plaintiff for the improvements
promises to do so.
16. As a result of the aforesaid, plaintiff Irene Phillips has been dam
amount that exceeds the jurisdictional limits of all lower courts which would o
jurisdiction, and is entitled to equitable relief in the form of specific performance
purchase of the 997 Dunham Hill Road parcel from the defendants.
WHEREFORE, plaintiff Irene Phillips, hereby demands judgment against
as follows:
(1) Direct the defendants Craig and Diane Fritzsch to immediat
title to the property at 997 Dunham Hill Road.
(2) Award plaintiff compensatory damages in an amount to
(3) Award plaintiff exemplary damages in the amount of $40
with the costs and disbursements in
prosecuting this action
such other and further relief as the Court deems just and
circumstance.
Dated: July 24, 2019
Binghamton, New York
4 of 4
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FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 STATE OF NEW YORK SUPREME COURT : COUNTY OF BROOME IRENE PHILLIPS, SUMMONS Plaintiff, Index No.: -against- Date Filed: CRAIG FRITZSCH and DIANE FRITZSCH, Defendants. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this acti copy of your answer, or, if the complaint is not served with this summons, to s appearance, on the Plaintiff s undersigned attorney within twenty (20) days after summons, exclusive of the day of service (or within thirty (30) days after the se if this summons is not personally delivered to you within the State of New York); your failure to appear or answer, judgment will be taken against you by default demanded in the complaint. Plaintiff resides at 997 Dunham Hill Road, Binghamton, New York 13905. Defendants resides at 353 Corbin Road, Bainbridge, New York 13733. Dated: July 24, 2019 Binghamton, New York R nald R. Benjamin, Esq. Law office of Ronald R. Benjamin 1 of 4 for Irene Phillips Attorney Plaintiff FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 STATE OF NEW YORK SUPREME COURT : COUNTY OF BROOME IRENE PHILLIPS, Plaintiff, COMPLAINT -against- CRAIG FRITZSCH and DIANE FRITZSCH, Defendant. Plaintiff, Irene Phillips, by and through her attorney, the Law Office of Ronald R. Benjamin, as and for her Complaint against defendants Craig Fritzsch and Diane Fritzsch, herein alleges as follows: 1. Plaintiff Irene Phillips resides at 997 Dunham Hill Road, Town of Barker, County of Broome, and State of New York. 2. Upon information and belief, defendants Craig Fritzsch and Diane Fritzsch reside at 353 Corbin Road, Town of Bainbridge, County of Chenango, State of New York. STATEMENT OF FACTS 3. That on or about November 4, 2018, plaintiff attended an auction and made of successful bid for $4,000.00 on a parcel of real property owned by defendants and designated as tax map number 054.00-1-16, located at 997 Dunham Hill Road in the Town of Barker, County of Chenango, and State of New York ("Dunham Hill Road"). 4. That defendant Craig Fritzsch accepted plaintiff's offer to purchase upon signing said offer at the auction, and was thereafter bound by itsterms. The contract is annexed hereto as Exhibit 1. 2 of 4 FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 5. That plaintiff paid a deposit of $880.00 at the auction. 6. That plaintiff was scheduled to close on the property on or before December 4, 2018, and was told the closing would not take place, without any reason being given therefore. 7. That thereafter, plaintiff made multiple attempts to close on the property and defendants refused to do so. defendants' 8. That refusal to close on the property constitutes a breach of the contract. 9. That when plaintiff sought to close on the property to complete the transaction, defendants not only refused to close but demanded that plaintiff pay $1,650.00 as arrears allegedly owed on said parcel. 10. That on advice of her previous counsel plaintiff made said payment despite the fact that she made a valid purchase at the auction and no such arrearage existed. 11. Plaintiff also paid defendant $507.00 to defendant on or about March 12, 2019. 12. That together with the $880 paid to defendant at the auction, the $1,650 paid after the auction, the $507 plaintiff paid in March 2019, plaintiff has paid $3,037 and therefore a balance of $963 remains on the purchase price of $4000. 13. That because plaintiff made improvements to the property at a cost of $6,742.36, and has resided on the property since September, 2016, and paid substantially toward the auction purchase price, the same represent unique circumstances that warrant plaintiff receiving equitable relief in the form of specific performance. 14. That the plaintiff's sitepreparation work at the Dunham Hill Road parcel included having underground electrical service installed, installation of a new water well, well pump, and well cap, installation of underground sewer pipe, installation of a gravel pad for the mobile 2 3 of 4 FILED: BROOME COUNTY CLERK 07/24/2019 12:37 PM INDEX NO. EFCA2019002286 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 home, certified engineer blue prints for the pad, removal of the decrepit mobile the parcel, and extensive clean-up and removal of garbage from the parcel. 15. That defendants never reimbursed plaintiff for the improvements promises to do so. 16. As a result of the aforesaid, plaintiff Irene Phillips has been dam amount that exceeds the jurisdictional limits of all lower courts which would o jurisdiction, and is entitled to equitable relief in the form of specific performance purchase of the 997 Dunham Hill Road parcel from the defendants. WHEREFORE, plaintiff Irene Phillips, hereby demands judgment against as follows: (1) Direct the defendants Craig and Diane Fritzsch to immediat title to the property at 997 Dunham Hill Road. (2) Award plaintiff compensatory damages in an amount to (3) Award plaintiff exemplary damages in the amount of $40 with the costs and disbursements in prosecuting this action such other and further relief as the Court deems just and circumstance. Dated: July 24, 2019 Binghamton, New York 4 of 4