Complaint,Petition: Ricky Nelson Ventura v. Mark Hamilton Ventura

On January 15, 2021 a Complaint,Petition was filed involving a dispute between Ricky Nelson Ventura, and Mark Hamilton Ventura, for Real Property - Other (Partition action) in the District Court of Putnam County.

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FILED: PUTNAM COUNTY CLERK 01/15/2021 09:27 AM INDEX NO. 500057/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/15/2021

ventura/mmc

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
------------------------------------------------------------------------x Index No:

RICKY NELSON VENTURA, Plaintiff designates
Putnam County as the place of
Plaintiff, trial.

-against- SUMMONS

MARK HAMILTON VENTURA, The basis of the venue is the
location of the subject property:
Defendant. 1 Lane Gate Road
Cold Spring, NY 10516
------------------------------------------------------------------------x

TO THE ABOVE NAMED DEFENDANT(S):

YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, upon the plaintiff's attorneys within twenty (20) days after the service of
this summons, exclusive of the day of service, or within thirty (30) days after the service is
complete if this summons is not personally delivered to you within the State of New York;
and in case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.

DATED: Poughkeepsie, New York
January 13, 2020 Yours, etc.

McCABE & MACK LLP

By:
DANIEL C. STAFFORD
Attorneys for Plaintiff
63 Washington Street
P.O. Box 509
Poughkeepsie, NY 12602-0509
Tel: (845) 486-6800

Defendant's address:

Mark Hamilton Ventura
15 Wall Street
Cold Spring, NY 10516

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
-----------------------------------------------------------------------x

RICKY NELSON VENTURA,
VERIFIED COMPLAINT
Plaintiff,
Index No:
-against-
Assigned Judge:
MARK HAMILTON VENTURA,

Defendant.
-----------------------------------------------------------------------x

Plaintiff RICKY NELSON VENTURA, by his attorneys, McCabe & Mack LLP, as and

for his Verified Complaint, respectfully shows the Court and alleges as follows:

THE PARTIES

1. Plaintiff RICKY NELSON VENTURA is an individual, residing at 1 Lake

Gate Road, Cold Spring, New York.

2. Upon information and belief, Defendant MICHAEL HAMILTON VENTURA,

is an individual, residing at 15 Wall Street, Cold Spring, New York.

3. Plaintiff and Defendant are siblings and joint owners in fee of the real property

that is the subject of this proceeding as tenants in common.

AS AND FOR A FIRST CAUSE OF ACTION

(For Partition and Sale)

4. This is an action for the partition and sale of real property pursuant to Article 9

of the Real Property Actions and Proceedings Law.

5. Plaintiff and Defendant are joint owners of an indivisible fee simple interest in

real property located at 1 Lane Gate Road, Town of Philipstown, County of Putnam (SBL:

38.-3-28).

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6. Said parcel is 9.59 acres in size, and is improved with a single family home and

a 3-story commercial garage and office building.

7. The parcel is unencumbered by a mortgage held by Hudson River Financial

Federal Credit Union. Said mortgage is currently the subject of foreclosure proceedings in the

Supreme Court of Putnam County (Index No. 500792/2020).

8. Plaintiff resides in the single family home located on the subject property.

9. Both Plaintiff and Defendant occupy the commercial building for their

respective business purposes.

10. The parties inherited the subject property from their parents, taking title as

tenants in common on or around February 11, 2004.

11. From the date they took title through in or around January of 2009, the parties

equally contributed to property taxes, insurance premiums, and miscellaneous maintenance

costs. From and around January 2009 to the present date, Defendant has refused to contribute

monetarially or otherwise to the maintenance of the property, or to other necessary expenses,

such as property taxes and insurance premiums.

12. In or around January of 2009, Defendant was sentenced to prison; he was

incarcerated for approximately 11 months.

13. Upon being released from prison, Defendant has consistently utilized the

property yet failed to contribute to it financially in any respect.

14. Plaintiff has attempted on multiple occasions to structure a compromise that

would result in his purchase of the Defendant’s one-half interest in the property.

15. The Defendant has failed and refused to cooperate in a manner that would

allow for an amicable resolution.

16. Plaintiff has previously secured funding to refinance the aforementioned the

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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mortgage that is in foreclosure, as well as the payment of back property taxes, but the

Defendant has refused to cooperate. As a result, default interest continues to accrue and the

parties continue to incur late penalties related to the unpaid taxes.

17. Plaintiff has advanced significant funds to ensure that the subject property is

safe, habitable, and in compliance with municipal codes.

18. Since January of 2009, Plaintiff has paid all property taxes other than those

which are currently due to the taxing authorities.

19. Plaintiff is entitled to a credit or reimbursement from the Defendant for half of

the amounts stated in the two preceding paragraphs hereof.

20. Other than the property that is the subject of this proceeding, the parties do not

own any other lands in common.

21. A physical partition of the subject property is not the feasible way of resolving

this matter.

22. No persons other than the parties hereto have an interest in the subject property

as owners or otherwise.

23. All parties to this action are of full age, and, upon information and belief,

sound mind.

24. No personal claim is made against the Defendant, other than the monetary

credit referenced in paragraph “19” above.

AS AND FOR A SECOND CAUSE OF ACTION

(Replevin)

25. Plaintiff repeats, reiterates and realleges each and every allegation contained in

paragraphs numbered “1” through “24” as if the same were more fully set forth herein at

length.

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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26. The Plaintiff’s and Defendant’s mother, Jacinta Matias Ventura, passed away

on May 27, 2001. Ms. Ventura left to her sons certain gold jewelry valued at approximately

$100,000.00.

27. Defendant is in possession of said gold jewelry. Plaintiff has a possessory right

in and equitable title to one-half of the gold in Defendant’s possession. As a result of the

foregoing, Plaintiff is entitled to an Order directing the Defendant to deliver one-half of the

gold the parties inherited to him.

AS AND FOR A THIRD CAUSE OF ACTION

(Conversion)

28. Plaintiff repeats, reiterates and realleges each and every allegation contained in

paragraphs numbered “1” through “27” as if the same were more fully set forth herein at

length.

29. Plaintiff has a possessory right to and an equitable interest in one-half of the

gold referenced in paragraph “26” herein above.

30. The Defendant has exercised dominion and control of said gold and

intentionally interfered with Plaintiff’s rights therein.

31. As a result, Plaintiff has been damaged in an amount equivalent to the value of

one-half of the gold the parties inherited from their mother, which has a value of

approximately $50,000.00.

AS AND FOR A FOURTH CAUSE OF ACTION

(Constructive Trust)

32. Plaintiff repeats, reiterates and realleges each and every allegation contained in

paragraphs numbered “1” through “31” as if the same were more fully set forth herein at

length.

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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33. Plaintiff and Defendant enjoy a confidential relationship by virtue of being

siblings.

34. Defendant promised to hold the aforementioned gold for the benefit of

Plaintiff.

35. Plaintiff allowed the Defendant to remain in possession of said gold in reliance

on Defendant’s promise.

36. Defendant has been unjustly enriched by virtue of possessing gold belonging to

the Plaintiff.

37. As a result of the foregoing, Plaintiff is entitled to the imposition of a

constructive trust over half of the gold the parties inherited from their mother.

WHEREFORE, Plaintiff respectfully requests the following relief:

(a) on the First Cause of Action, an order appointing a referee to determine that the

monetary credit to which the Plaintiff is entitled pursuant to RPAPL §911;

(b) on the First Cause of Action, an interlocutory judgment directing a credit to the

Plaintiff upon a sale of the subject property in accordance with RPAPL §911;

the subject property at a time, and in a manner, that will result in a purchase price, as close as

possible, to fair market value;

(d) on the Second Cause of Action, an order directing Defendant to deliver one-

half of the gold the parties inherited from their mother to Plaintiff;

(e) on the Third Cause of Action for a judgment in an amount equivalent to one-

half of the gold the parties inherited from their mother;

(f) on the Fourth Cause of Action, for the imposition of a constructive trust over

one-half of the gold the parties inherited form their mother;

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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(g) on all Causes of Action, an award of the costs and disbursements Plaintiff has

and will incur in the prosecution of this matter;

(h) such other and further relief as the Court deems just and proper.

Dated: Poughkeepsie, NY
January 13, 2021

________________________________
DANIEL C. STAFFORD

MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602
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STATE OF NEW YORK )

) ss.:
COUNTY OF DUTCHESS )

RICKY NELSON VENTURA, being duly sworn, deposes and says:

I am the plaintiff in the action herein; I have read the foregoing complaint, know the

contents thereof and the same are true to my knowledge, except those matters therein which

are stated to be alleged upon information and belief, and as to those matters I believe them to

be true.

RICI NELSON VENTURA

Sw rn to before me this

day of January, 2021.

NWA . Y PÜULI

JESSICA L WHITE

Notary Public, State of New York
Registration No. 01WH6355387
CGmmb:bn Expires March 6, 20

McCABE & MACK LLP, ATTORNEYSAT LAW,POSTOFFICEBOX 509,POUGHKEEPSIE,NY 12602
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Case Info

Judge

Victor G Grossman Track Judge’s New Case

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Document Filed Date

January 15, 2021

Case Filing Date

January 15, 2021

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Complaint,Petition: Ricky Nelson Ventura v. Mark Hamilton Ventura

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