On March 16, 2021 a
Complaint,Petition
was filed
involving a dispute between
Terry Cole,
and
Beverly Stevenson,
Shawn Rowser,
for Torts - Other (Nuisance)
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021
Cl2021-04331 Index # : EF2021-0164
STATE OF NEW YORK
SUPREME COURT: COUNTY OF TOMPKINS
TERRY COLE,
VERIFIED COMPLAINT
Plaintiff,
v. Index No.:
BEVERLY STEVENSON and
SHAWN ROWSER,
Defendants.
as and for his Complaint against the Defendanta alleges as follows:
Plaintiff, Terry Cole,
1. Plaintiff is an individüâl now and at all relevant times herein mentioned a resident of
Tompkins County, State of New York.
2. Upon information and belief, Defendants are individuals now and at all relevant times
herein mentioned residents of TempMns County, residing at 171 Harvey Hill Road, Ithaca, New York
14850.
3. Dafandant Stevenson ("Defendant owns 171 Hill Road.
Beverly Stevenson") Harvey
4. Plaintiff is the owner of a .0389-acre strip of land, Tax Parcel 14.-1-1.34, part of
Military Lot 68 in the town of Enfield, New York (hereinafter referred to as the "Driveway Parcel"),
which he owns with the late John D. Stevenson.
5. The Parcel is a of land that passes Dafandant Stevenson's on
Driveway strip property
premises'
the east side.
6. The deed to Defeñdâñt Stevenson's property reserves a right of way over the Driveway
Parcel to access Defendant Stevenson's property.
7. PlaintifPs deed to the Driveway Parcel reserves a right of way which extends beyond
"A"
the Driveway Parcel for ingress and egress to his farmland. Anchad hereto as Exhibit is a satellite
una.samyEW 1
215EamStateStrea
lthaca,NewYork14850
(607)273-4200
1 of 4
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021
Cl2021-04331 Index #: EF2021-0164
image of the properties; the red line denotes the Driveway Parcel and right of way leading to Plaintiff s
farmland which is indicated by a blue X.
8. Both Plaintiff and Defendants use the Driveway Parcel to access property owned by
them.
9. Defendanta, and in particular Defendant Shawn Rowser ("Defendant Rowser") have
intentionally blocked and barricaded the Driveway Parcel so that Plaintiff cannot access his farmlañd.
Defendan+s'
10. Plaintiff did not consent to conduct and reqüésted that Defenda=*s remove
the obstructions, verbally and by letters.
11. Defendants refuse to remove the obstructions.
12. By reason of the foregoing, Defendants have unreasonably and substantially interfered
with Plaintiff's property right to use and enjoy his land andhas caused substantial damages.
13. Defendants know of this nuisance, that it conctitutes a nuisance, and that it
üñrcasonably interferes with PlaintifPs use and enjoyment of his land.
14. Defendants intentionally caused the nuisance and refused to abate it.
Defendants'
15. The injuries resulting to Plaintiff were caused solely by conduct by reason
of their causing and permitting a nuisance to exist and refusing to abate it.
16. The amount of damages sought in this action exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction.
WHEREFORE, Plaintiff respectfully prays for a judgment for the following relief:
1. The Court find that Defendants caused and permitted a nuisance to exist and that injunctive relief
is appropriate to prevent Defendants from in such further conduct.
engaging
2. That the Court enter a a and permanent injunction Defa=d==±= to remove the
preliminny requiring
obstructions from the .0389-acre strip of land, Tax Parcel 14.-1-1.34, part of Military Lot 68 in the
town of Enfield, New York ("Driveway Parcel").
MILLERMAYER,LLP 2
215EastStateStreet
Ithaca,NewYork14850
(607)271-4200
2 of 4
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021
C12021-04331 Index #: EF2021-0164
3. That the Court enter a pre!LmW and permanent injunction Defendants and those in
barring
concert or participation with Defendants from directly or indirectly:
a. Engaging in any colidact that interferes with the property rights of Plaintiff and those
permitted by Plaintiff to use and enjoy Plaintiff's land;
b. Engaging in any conduct that interferes with the property rights of P1nintiff and those
permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access Plailitiff's
land;
c. Etigaging in any conduct that harasses Plaintiff or those permitted by Plaintiff to use the
Driveway Parcel for ingress and egress to access PlaintifPs land;
d. Obstructing the Driveway Parcel; and
..e. Causing int-ti^=al damage-to the Driveway Parcel.
4. That the Court award money damages in an amount to be determined at trial
attorneys'
5. That the Court award Plaintiff fees, together with costs aind disbursementa of tlis action,
and such other and further relief as the Court deems just and proper.
Dated: March 12, 2021
Jes a J. Rapp, Esq.
Miner Mayer LLP
Attorneys for Plaintiff
215 East State Street, Suite 200
Ithaca, New York 14850
(607) 273-4200
VERIFICATION
STATE OF NEW YORK )
)ss:
COUNTY OF TOMPKINS )
m.ummya.u, 3
215EastStateStreet
Ithaca,NewYork14850
(607)273-4200
3 of 4
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021
Cl2021-04331 Index #: EF2021-0164
Terry Cole, being duly sworn, says that I am the Plaintiff in the within action and have read
the foregoing Verified Complaint and know the contents thereof; that the same is true to my own
knowledge, except as to matters therein stated to be alleged on information and belief, and as to those
matters, I believe them to be true.
Terry Cole
Sworn to before me on this
G day of March 2021
JOANNE FINLAY
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. 01Fl6190415
tary Public
QualifiedinCortland County
My Commission Expires: O'7/26 / 2.o14
MILLERMAYER,LLP
215EastStateStreet
Ithaca,NewYork14850
(607)273-$200
4 of 4
Document Filed Date
March 16, 2021
Case Filing Date
March 16, 2021
Category
Torts - Other (Nuisance)
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Preview
FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021 Cl2021-04331 Index # : EF2021-0164 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS TERRY COLE, VERIFIED COMPLAINT Plaintiff, v. Index No.: BEVERLY STEVENSON and SHAWN ROWSER, Defendants. as and for his Complaint against the Defendanta alleges as follows: Plaintiff, Terry Cole, 1. Plaintiff is an individüâl now and at all relevant times herein mentioned a resident of Tompkins County, State of New York. 2. Upon information and belief, Defendants are individuals now and at all relevant times herein mentioned residents of TempMns County, residing at 171 Harvey Hill Road, Ithaca, New York 14850. 3. Dafandant Stevenson ("Defendant owns 171 Hill Road. Beverly Stevenson") Harvey 4. Plaintiff is the owner of a .0389-acre strip of land, Tax Parcel 14.-1-1.34, part of Military Lot 68 in the town of Enfield, New York (hereinafter referred to as the "Driveway Parcel"), which he owns with the late John D. Stevenson. 5. The Parcel is a of land that passes Dafandant Stevenson's on Driveway strip property premises' the east side. 6. The deed to Defeñdâñt Stevenson's property reserves a right of way over the Driveway Parcel to access Defendant Stevenson's property. 7. PlaintifPs deed to the Driveway Parcel reserves a right of way which extends beyond "A" the Driveway Parcel for ingress and egress to his farmland. Anchad hereto as Exhibit is a satellite una.samyEW 1 215EamStateStrea lthaca,NewYork14850 (607)273-4200 1 of 4 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021 Cl2021-04331 Index #: EF2021-0164 image of the properties; the red line denotes the Driveway Parcel and right of way leading to Plaintiff s farmland which is indicated by a blue X. 8. Both Plaintiff and Defendants use the Driveway Parcel to access property owned by them. 9. Defendanta, and in particular Defendant Shawn Rowser ("Defendant Rowser") have intentionally blocked and barricaded the Driveway Parcel so that Plaintiff cannot access his farmlañd. Defendan+s' 10. Plaintiff did not consent to conduct and reqüésted that Defenda=*s remove the obstructions, verbally and by letters. 11. Defendants refuse to remove the obstructions. 12. By reason of the foregoing, Defendants have unreasonably and substantially interfered with Plaintiff's property right to use and enjoy his land andhas caused substantial damages. 13. Defendants know of this nuisance, that it conctitutes a nuisance, and that it üñrcasonably interferes with PlaintifPs use and enjoyment of his land. 14. Defendants intentionally caused the nuisance and refused to abate it. Defendants' 15. The injuries resulting to Plaintiff were caused solely by conduct by reason of their causing and permitting a nuisance to exist and refusing to abate it. 16. The amount of damages sought in this action exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff respectfully prays for a judgment for the following relief: 1. The Court find that Defendants caused and permitted a nuisance to exist and that injunctive relief is appropriate to prevent Defendants from in such further conduct. engaging 2. That the Court enter a a and permanent injunction Defa=d==±= to remove the preliminny requiring obstructions from the .0389-acre strip of land, Tax Parcel 14.-1-1.34, part of Military Lot 68 in the town of Enfield, New York ("Driveway Parcel"). MILLERMAYER,LLP 2 215EastStateStreet Ithaca,NewYork14850 (607)271-4200 2 of 4 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021 C12021-04331 Index #: EF2021-0164 3. That the Court enter a pre!LmW and permanent injunction Defendants and those in barring concert or participation with Defendants from directly or indirectly: a. Engaging in any colidact that interferes with the property rights of Plaintiff and those permitted by Plaintiff to use and enjoy Plaintiff's land; b. Engaging in any conduct that interferes with the property rights of P1nintiff and those permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access Plailitiff's land; c. Etigaging in any conduct that harasses Plaintiff or those permitted by Plaintiff to use the Driveway Parcel for ingress and egress to access PlaintifPs land; d. Obstructing the Driveway Parcel; and ..e. Causing int-ti^=al damage-to the Driveway Parcel. 4. That the Court award money damages in an amount to be determined at trial attorneys' 5. That the Court award Plaintiff fees, together with costs aind disbursementa of tlis action, and such other and further relief as the Court deems just and proper. Dated: March 12, 2021 Jes a J. Rapp, Esq. Miner Mayer LLP Attorneys for Plaintiff 215 East State Street, Suite 200 Ithaca, New York 14850 (607) 273-4200 VERIFICATION STATE OF NEW YORK ) )ss: COUNTY OF TOMPKINS ) m.ummya.u, 3 215EastStateStreet Ithaca,NewYork14850 (607)273-4200 3 of 4 FILED: TOMPKINS COUNTY CLERK 03/16/2021 03:15 PM INDEX NO. EF2021-0164 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/16/2021 Cl2021-04331 Index #: EF2021-0164 Terry Cole, being duly sworn, says that I am the Plaintiff in the within action and have read the foregoing Verified Complaint and know the contents thereof; that the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. Terry Cole Sworn to before me on this G day of March 2021 JOANNE FINLAY NOTARY PUBLIC, STATE OF NEW YORK Registration No. 01Fl6190415 tary Public QualifiedinCortland County My Commission Expires: O'7/26 / 2.o14 MILLERMAYER,LLP 215EastStateStreet Ithaca,NewYork14850 (607)273-$200 4 of 4