Preview
FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS : STATE OF NEW YORK
JAMIE TURNDORF,
Plaintiff AFFIDAVIT IN
OPPOSITION
-against-
Index No.: 2018-50114
WALBRIDGE FARM, LLC
and VPF, LLC,
Defendants.
STATE OF NEW YORK )
) ss.
COUNTYOFDUTCHESS )
JENNIFER SPEERS, being duly sworn, deposes and states as follows:
1. I am a member of VPF, LLC, a Defendant in this action and owner of record in
fee simple of the real property that is the subject of this action. As record owner, I am familiar
with some of the facts and circumstances of this action.
2. I make this affidavit in opposition to Plaintiff's moving papers in the Supreme
Court action seeking various relief, as well as, Plaintiff's moving papers seeking injunctive relief
before the Appellate Division, Second Department. I also give this affidavit in support of that
part of the cross-motion that (1) seeks injunctive relief against Plaintiff to cease and desist in the
operation of her couples therapy and retreat business in and on my property; (2) for an Order
vacating and cancelling the Notice of Pendency; (3) for an Order awarding me attorney's fees,
costs and disbursements incurred as a result of having to bring this Order to Show Cause; and (4)
a judgment dismissing Plaintiff's Amended Complaint against VPF, LLC pursuant to CPLR
3211(a)(7) for failure to state a cause of action.
1
Wallace 6z Wallace,
LLP - Attorneysat Law —85 Civic
Center LL3
Plaza, Suite —Poughkeepsie,NY 12601
1 of 5
FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018
3. I am the owner of the subject property located at 1305 Chestnut Ridge, Dover
Plains, New York 12545 located in the Township of Washington in Dutchess County. The
property is a single family residential home located on 169 acres of land.
4. The home is located in the RH 10 Zoning District. I live in Utah so I have not
been privy to what has been going on with my tenant Walbridge Farm, LLC, Doug Giles, and his
sub-tenant Jamie Turndorf. However, even though I am not a party to any agreement or lease
with the Plaintiff, my attorney informed me that a Notice of Pendency, Amended Summons and
Papers"
Complaint, and at least two (2) Orders to Show Cause (hereafter "the Papers") have been filed by
the Plaintiff having me as a party Defendant in the Supreme Court action as well as the pending
motion in the Appellate Division, Second Department.
5. As stated above, I don't know the Plaintiff and I have never met her. I have never
taken any action to oust her from my home. I have no contractual relationship with her, however,
I am advised that she has taken up residency in my home and has run her professional business in
my home. She is also using the bucolic setting of my property in advertising on her website as a
therapy retreat for her patients. I am also told she has on occasion advertised my home and its
peaceful setting on 169 acres and allthe grounds and amenities outside the dwelling as a means
of capturing business for her pecuniary profit.
6. The Plaintiff has been conducting her business in my home and outside of it
without my knowledge or consent to do so in direct violation of the Town of Washington
Zoning/Building Code. I know this because I was served with a Cease and Desist directive from
the Town Zoning Enforcement Officer as owner of the property.
2
Wallace Sz Wallace,
LLP - Attorneysat Law —85CivicCenter LL3
Plaza, Suite —Poughkeepsie,NY 12601
2 of 5
FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018
7. I am also told by my attorney that her therapy occupation and retreat is not a
permitted nor prohibited home occupation under Section 321(3) of the Town Code. I am also
advised she would need to filefor permission to operate her therapy and retreat business by
special use permit before the Town Planning Board since she is operating a business that is
neither permitted by right under section 321(3)(a) nor prohibited under section 321(3)(b).
8. I am advised by my attorney that only an applicant who is the owner of the
property or has express permission of the owner may make an application before the Planning
Board for a special use permit.
9. The Plaintiff Jamie Turndorf does not, never will, nor has she ever in the past, had
my consent and authorization to use my property for her pecuniary gain as a home occupation or
retreat. I am joining in my co-defendant's motion to enjoin this Plaintiff from using the property
as such until she vacates my home. Due to her illegal conduct and use of my property, I must
join in my Tenant's action to declare her lease cancelled and oust her from my home.
10. I was not aware of her use of my home until I received a Cease and Desist Order
dated January 29, 2018 from Tom Fiore, Town Zoning Enforcement Officer, directing her to
shut her business down.
11. I am also advised that Plaintiff is seeking to bypass the permit process for her
use" "
business by declaring her business a "de minimus use under Section 321(6) of the Town Code.
I also oppose this declaration and application for a de minimus use from the Zoning Department.
I an advised that she previously owned a home in the Town of Washington and went through the
process for a special use permit for a home occupation from the Planning Board for that
property. She is obviously aware and quite knowledgeable of the requirements mandated in this
Town to operate her business in a residential district.
3
Wallace R Wallace,LLP —Attorneysat Law - 85 CivicCenter Plaza, Suite
LL3 - Poughkeepsie, NY 12601
3 of 5
FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018
12. Moreover, I am seeking to have the Notice of Pendency that Plaintiff frivolously
filed against my property cancelled and vacated of record as well as attorney's fees plus costs
and expenses I incurred pursuant to CPLR 6514(c) and 22 NYCRR 130-1.1. I do not have a
contract with the Plaintiff. She is aware I own the property and there are no allegations we have
any contractual relationship entitling her to any rights to my property. She clearly filed this Lis
Pendens in bad faith and in violation of the law.
13. I am also advised that my attorney directed Plaintiff's attorney cancel the lien and
he has refused to take that action. I feel this lien was filed with no basis under the law and I have
no choice but to seek an Order from this Court as well as all of the financial provisions entitled
to me as a person aggrieved that the law allows. Her relationship to this property lies solely with
my Tenant, Defendant Walbridge Farm LLC. There are no allegations in her complaint that she
is entitled to any portion or right affecting my titleas owner in fee. I am not seeking to evict her
and due to her status as a sub-tenant she cannot make any claim to my title.My inclusion as a
party Defendant was brought unjustly and Plaintiff was unjustified in refusing to vacate the lien
despite a demand to do so by my attorney.
14. It isrespectfully submitted that the Court dismiss Plaintiff's Amended Complaint
for failure to state a cause of action against me under CPLR 3211(a)(7) and ancillary relief she
seeks, and grant my cross-motion for injunctive relief as well as an Order vacating and
cancelling the Notice of Pendency. I also respectfully request that the Court grant me attorney's
fees plus costs and disbursements incurred as a result of having to bring this Order to Show
Cause.
4
Wallace LLP
6z Wallace, —Attorneys
at Law —85CivicCenter Plaza, Suite
LL3 —Poughl'QhgF MKTz
698479
NÖ† Y UBLIC My cmnmim Expas
01 /17/21)22
s'I.h'rl'
$1ATI OF tfrAtt
5
5 of 5
Preview
FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS : STATE OF NEW YORK JAMIE TURNDORF, Plaintiff AFFIDAVIT IN OPPOSITION -against- Index No.: 2018-50114 WALBRIDGE FARM, LLC and VPF, LLC, Defendants. STATE OF NEW YORK ) ) ss. COUNTYOFDUTCHESS ) JENNIFER SPEERS, being duly sworn, deposes and states as follows: 1. I am a member of VPF, LLC, a Defendant in this action and owner of record in fee simple of the real property that is the subject of this action. As record owner, I am familiar with some of the facts and circumstances of this action. 2. I make this affidavit in opposition to Plaintiff's moving papers in the Supreme Court action seeking various relief, as well as, Plaintiff's moving papers seeking injunctive relief before the Appellate Division, Second Department. I also give this affidavit in support of that part of the cross-motion that (1) seeks injunctive relief against Plaintiff to cease and desist in the operation of her couples therapy and retreat business in and on my property; (2) for an Order vacating and cancelling the Notice of Pendency; (3) for an Order awarding me attorney's fees, costs and disbursements incurred as a result of having to bring this Order to Show Cause; and (4) a judgment dismissing Plaintiff's Amended Complaint against VPF, LLC pursuant to CPLR 3211(a)(7) for failure to state a cause of action. 1 Wallace 6z Wallace, LLP - Attorneysat Law —85 Civic Center LL3 Plaza, Suite —Poughkeepsie,NY 12601 1 of 5 FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018 3. I am the owner of the subject property located at 1305 Chestnut Ridge, Dover Plains, New York 12545 located in the Township of Washington in Dutchess County. The property is a single family residential home located on 169 acres of land. 4. The home is located in the RH 10 Zoning District. I live in Utah so I have not been privy to what has been going on with my tenant Walbridge Farm, LLC, Doug Giles, and his sub-tenant Jamie Turndorf. However, even though I am not a party to any agreement or lease with the Plaintiff, my attorney informed me that a Notice of Pendency, Amended Summons and Papers" Complaint, and at least two (2) Orders to Show Cause (hereafter "the Papers") have been filed by the Plaintiff having me as a party Defendant in the Supreme Court action as well as the pending motion in the Appellate Division, Second Department. 5. As stated above, I don't know the Plaintiff and I have never met her. I have never taken any action to oust her from my home. I have no contractual relationship with her, however, I am advised that she has taken up residency in my home and has run her professional business in my home. She is also using the bucolic setting of my property in advertising on her website as a therapy retreat for her patients. I am also told she has on occasion advertised my home and its peaceful setting on 169 acres and allthe grounds and amenities outside the dwelling as a means of capturing business for her pecuniary profit. 6. The Plaintiff has been conducting her business in my home and outside of it without my knowledge or consent to do so in direct violation of the Town of Washington Zoning/Building Code. I know this because I was served with a Cease and Desist directive from the Town Zoning Enforcement Officer as owner of the property. 2 Wallace Sz Wallace, LLP - Attorneysat Law —85CivicCenter LL3 Plaza, Suite —Poughkeepsie,NY 12601 2 of 5 FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018 7. I am also told by my attorney that her therapy occupation and retreat is not a permitted nor prohibited home occupation under Section 321(3) of the Town Code. I am also advised she would need to filefor permission to operate her therapy and retreat business by special use permit before the Town Planning Board since she is operating a business that is neither permitted by right under section 321(3)(a) nor prohibited under section 321(3)(b). 8. I am advised by my attorney that only an applicant who is the owner of the property or has express permission of the owner may make an application before the Planning Board for a special use permit. 9. The Plaintiff Jamie Turndorf does not, never will, nor has she ever in the past, had my consent and authorization to use my property for her pecuniary gain as a home occupation or retreat. I am joining in my co-defendant's motion to enjoin this Plaintiff from using the property as such until she vacates my home. Due to her illegal conduct and use of my property, I must join in my Tenant's action to declare her lease cancelled and oust her from my home. 10. I was not aware of her use of my home until I received a Cease and Desist Order dated January 29, 2018 from Tom Fiore, Town Zoning Enforcement Officer, directing her to shut her business down. 11. I am also advised that Plaintiff is seeking to bypass the permit process for her use" " business by declaring her business a "de minimus use under Section 321(6) of the Town Code. I also oppose this declaration and application for a de minimus use from the Zoning Department. I an advised that she previously owned a home in the Town of Washington and went through the process for a special use permit for a home occupation from the Planning Board for that property. She is obviously aware and quite knowledgeable of the requirements mandated in this Town to operate her business in a residential district. 3 Wallace R Wallace,LLP —Attorneysat Law - 85 CivicCenter Plaza, Suite LL3 - Poughkeepsie, NY 12601 3 of 5 FILED: DUTCHESS COUNTY CLERK 03/15/2018 04:55 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/15/2018 12. Moreover, I am seeking to have the Notice of Pendency that Plaintiff frivolously filed against my property cancelled and vacated of record as well as attorney's fees plus costs and expenses I incurred pursuant to CPLR 6514(c) and 22 NYCRR 130-1.1. I do not have a contract with the Plaintiff. She is aware I own the property and there are no allegations we have any contractual relationship entitling her to any rights to my property. She clearly filed this Lis Pendens in bad faith and in violation of the law. 13. I am also advised that my attorney directed Plaintiff's attorney cancel the lien and he has refused to take that action. I feel this lien was filed with no basis under the law and I have no choice but to seek an Order from this Court as well as all of the financial provisions entitled to me as a person aggrieved that the law allows. Her relationship to this property lies solely with my Tenant, Defendant Walbridge Farm LLC. There are no allegations in her complaint that she is entitled to any portion or right affecting my titleas owner in fee. I am not seeking to evict her and due to her status as a sub-tenant she cannot make any claim to my title.My inclusion as a party Defendant was brought unjustly and Plaintiff was unjustified in refusing to vacate the lien despite a demand to do so by my attorney. 14. It isrespectfully submitted that the Court dismiss Plaintiff's Amended Complaint for failure to state a cause of action against me under CPLR 3211(a)(7) and ancillary relief she seeks, and grant my cross-motion for injunctive relief as well as an Order vacating and cancelling the Notice of Pendency. I also respectfully request that the Court grant me attorney's fees plus costs and disbursements incurred as a result of having to bring this Order to Show Cause. 4 Wallace LLP 6z Wallace, —Attorneys at Law —85CivicCenter Plaza, Suite LL3 —Poughl'QhgF MKTz 698479 Nֆ Y UBLIC My cmnmim Expas 01 /17/21)22 s'I.h'rl' $1ATI OF tfrAtt 5 5 of 5