Preview
FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
SUMMONS
SUSAN A. AND ROBERT W. MANDELL
92 Bob Kat Lane
Hague, New York 12836 Index No.:
Plaintiffs, RJi No.:
-against-
Date Filed: 05/25/2021
TOWN OF HAGUE
9793 Graphite Mountain Road
Hague, New York 12836 Assigned Judge:
Hon.
Defendant.
TOTHE ABOVENAMEDDEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiff in this action
and to serve a copy of your Answer where service is made by delivery upon you personally
within the state, or within thirty (30) days after completion of service where service is made in
any other manner. In case of your failure to appear or answer, Judgment will be taken against
you by default for the relief demanded in the Complaint.
Trial to be held in the County of Warren.
The basis of the venue is that the events giving rise to the claim occurred in Warren
County. (CPLR §503(a)).
Plaintiffs'
have a residence in Warren County at 92 Bob Kat Lane, Hague, New York
12836.
Dated: May 25, 2021
Dennis J. Phillips, E6 .
McPHILLIPS, FITZ RALD & CULLUM LLP
Attorneys for Plaintiff
288 Glen Street, P.O. Box 299
Glens Falls, NY 12801
Tel. (518) 792-1174
-1-
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STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
ROBERT W. MANDELL and SUSAN A. MANDELL COMPLAINT
92 Bob Kat Lane
Hague, New York 12836
Plaintiffs, Index No.:
-against-
RJI No.:
TOWN OF HAGUE
9793 Graphite Mountain Road Assigned Judge:
Hague, New York 12836 Hon.
Defendant.
Plaintiffs, by and through their attorneys, McPhillips, Fitzgerald & Cullum LLP, allege the
following for a complaint:
1. Robert W. Mandell and Susan A. Mandell (hereinafter the "Plaintiffs") own property and
have a place of residence in Warren County with an address of 92 Bob Kat Lane, Hague,
New York, identified on the Town of Hague tax map as Tax Map Parcel No.: 60.9-1-8 (the
"A"
"Subject Property"). SCHEDULE attached hereto is the deed into their property,
which deed was recorded in the Warren County Clerk's Office on October 10, 1997 in
Book 1038 of Deeds at Page 185. The Subject Property is located between Bob Kat
Lane, a private road in Arcady Bay Estates and Pine Cove Road, a town road, and has
frontage on both roads.
2. Upon information and belief, the Town of Hague (hereinafter the "Defendant") is a
municipal corporaticri organized and existing under the laws of the State of New York and
is responsible for the layout, maintenance and repair of Pine Cove Road, a town road.
-2-
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3. After a dispute with a neighboring Town of Hague property owner located across the road
neighbors'
on Pine Cove Road with respect to that illegal dumping of leaves and debris
on the Subject Property, and after such illegal dumping was condoned and defended by
the former zoning enforcement officer of the Town, one Cathy Clark, the Plaintiffs had the
subject property surveyed by a New York Licensed Surveyor, D. L. Dickinson Associates,
"B"
a copy of which is attached hereto and marked SCHEDULE (the "Road Survey").
The Road Survey was filed in the Warren County Clerk's Office on August 24,2020 as
Instrument #2020-3000045 in Book D at Page 32.
4. The Road Survey shows that the pavement of Pine Cove Road encroaches on the
Subject Property in at least three different locations, all of which have been marked by
a MAG Spike Set in Pavement or by an Iron Rod Found in the Pavement, and that there
is no buffer zone between the pavement on the Town Road and the property line of the
Subject Property.
5. By certified letter dated September 15, 2020, the Plaintiffs through their attorneys
provided the Defendant with notice of the Town Road encroachments on the Subject
Property and demanded that the Defendant relocate Pine Cove Road at its cost and
expense so itdoes not encroach upon the Subject Property, and also demanded that a
ñeighbor across the street on Pine Cove Road cease and desist from fouling the Subject
Property by blowing leaves and debris onto the Subject Property. A copy of the letter
"C"
without attachments is attached hereto and marked SCHEDULE (the "First Letter").
6. Following up the First Letter, upon the belief that the Town was willing to take action to
move the macadam travel portion of Pine Cove Road off the Subject Property, by certified
letter dated November 24, 2020 the Plaintiffs through their attorneys provided the
Defendant with a second letter in which the Plaintiffs expressed further concerns relative
-3-
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to the situation involving the location and use of Pine Cove Road (the "Second Letter")
a copy of the Second Letter without attachments is attached hereto and marked
SCHEDULE "D".
7. Upon information and belief, the Defendant has taken no action to relocate Pine Cove
Road off the Subject Property and has taken no action to provide a buffer between the
property line of the Subject Property and the macadam travel portion of Pine Cove Road,
thereby sanctioned a continuing trespass by the Defendant and the users of Pine Cove
Road against the Subject Property.
8. Plaintiffs have been damaged and continue to be damaged on a daily basis by the failure
of the Defendant to remedy the egregious situation of condoning a public highway on
private property in violation of the property rights of the Plaintiffs.
WHEREFORE, the Plaintiffs request a judgment of the Court mandating that the
4'
Defendant relocate Pine Cove Road and the required shoulder required for snow removal and
other routine Town maintenance activities off the Subject Property, enjoining the Defendant and
the general public from using Pine Cove Road as itcrosses the Subject Property, damages for
the actual costs incurred and attorneys fees of the Plaintiffs for the grief caused the Plaintiffs by
the Defendant, together with other relief as the Court may deem just and proper in this action.
Dated: May 25, 2021
ennis J. Phillips, Es
McPHILLIPS, FITZG LD & CULLUM LLP
Attorneys for Plaintiff
288 Glen Street, P.O. Box 299
Glens Falls, NY 12801
Tel. (518) 792-1174
-4-
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, WARREN COUNTYCLERK
RECORDING COVERSHEET
005664
EMP. INITIALS INSTRUMENT
no, 0F PA988 TYPE OF DOC.
ADDTi,. FEE TOWN
ADDTL. NAMES . ______
o
TRANSFER TAX AHT.$ MOF2GAGE AHT. $
MORTGAGE TAX #
TRANSFERTAX STAMP NORTGAGE TAX STAMP
'
RECElVED
TRANSFER TAX *
WARREN COUNTY *
*
Please fill in blanks below beforesubmitting for recording.
GRANTOR/NoBTnAGOR/ASSIGNOR Y
GRANTEE/HORTGAGEE/ASSIGN
RECORDED BY: ////////////
f f f f f f |j
jj ffjjj jj ffffjjjj f
RECORDINGSTAMP
RETuRNTo, Shnn
ber3
m r e hc/énnan
. / PAG AliDEXAMIllED
6 () €r V/ARHDICOUNTY.H.Y.
CARYLM.CLA!(KCLERM
o
97 OCT 10 Pli 12: 49
Upon recording chis page becomes apar tof the RECORDED
document. ($3.00) /
†. SCHEDULE A
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CONSULTYoURLAWYERSEFOAE
5IGNINGTHIS
INSTRUMENT-TH)$tN5TRUMENrSHoUtDBEUSED8YtAWYEn50N1Y
THIS INDENTURE, madethe )Ôday of , nineteenhundredand seven
ninety
BETWEEN -
ROBERTW. MANDELLand SUSANA. NANDELL, husband and wife
20 Tribrook Drive, SouthSalem, New York 10590
. E, party of thefirst part,and
ROBERTW. MANDELLand SUSANA. MANDELL, as, tenants-in-common
equally
c 20 Tribrook Drive, SouthSalem, New York 10590
party of the secondpart, y .
. GD in --·¹--''-
WITNESSETH, that the party of the firs pa of Ten Dollarsandother valuableconsideration
paid by the party of the secondpart, doe he
y·grant and releaseunto the party of thesecondpart, the heirs
. or successors
andassignsof the party of t e'se&nd(3artforever,
ALL that certain
lot, pieceort
arcelÓfÓan with the buildingsand i-r:===t:
thereo erectd, situate,
Town of
lying and heing inÎhe Higúe County ofWarren, StaEe of New Yorlc,being
more describe "A"
l'9onf,Sch dule annexed hereto and made a parthereof,
particularly
Being the same premise inve m Dixon Raymond and BarbaraRaymond to
Robert W. Mandell and SusatA. landhil,husband and wife, by deed dated
January 13, 1994 and recorde'din\tili·e'Warren
County Clerk's Office on
January 27, 1994 in Liber 90)$, Pb8ef.251.
TOGETlIER whh all right, title and interest,if · of the first uart in and to
any, us the part any streetsand
roads abulting the abovedescribedpremisesto the centerlines t >ereoftTOGETiIERwighthe appurrenances
and all theestateand rightsof the party of the first part in and to said premisestTO IfAVE AND TO HOLD
the premiseshereingrantedunto the party of thesecondpart. the heirsor successors
and assignsof theparty·of
· thesecondpart forever.
AND theparty of thefirst partcovenantsthattheparty of thefirst parthasnot doneor sufferedanythingwhereby
, - the said premiseshavebeenens-imi
inanyway whatever,exceptasaforesaid.
that the party of the first
. AND theputy of thefirst part,in compliancewnhSection13of the Lien Law,covenants
. and will hold the right to receivesuchconsiderattoriasa
part will receivethe considerationfor this conveyance
. , andwill apply thesamefirst to
trust fundto besppliedlirst for thepurposeof payingthe costof thebr.pr::===i
.. tlie paymentof thecostof the knprovement
beforeunmgany part of thetotalof theeamefor any otherpurpose.
, The word"party" phallbeconstruedas if it read"parties" wheneverthesenseof this indenturesoreqmrcs.
.
IN WITNESS WHEREOF, the party of thefirst part has duly executedthis deedthe day and yearfirst above
wntten. .
IN PRESENcEUF:
Rbbert W. tiandell
Susan A. Mandell
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Ûðr¼Dd F1IEF1Et0
5TATf OF , COUNTYOF ymnmaeummaR ast5TATEOFNEWYoNK,COUNTY of ass
On the AÝday of Qeg|þcQ 1997 , before.ine On ilic day of 19 , beforeme
personallycame persimallycame
HANDELL
RollERT W. HANDEl,Land SUSANA.
to mo known lo he lim imilvidual
deserthedin ami wlm
to mo knt.wn to be the imllthiust descrilml in ami who
executedshe fore oing ineirmnent, and acknowledgedthat
executedthe fore olng instrument,nmi acknowledgedilmt
executedt in same. executedgm same.
they
,. Nota Pithlf.c
MARY R. PRACKUP
s® c. .2 NUTARY I'UnMQ .
. f. EXl'lRL$
VCOMMIS510N 1999
DTC.33.
'f f?
STATEOFNsWYORK,Co0NTYOF as: STAYEOFNEWYORK,COUNTYOF
On the day of 19 , befornmeOnthe day of 19 , beforeme
persona|lycama wrsonall came
|m aubsribing
by mo duly aworn,dhl depoanand
|u n|c known,who, hch witimestothe foregoing Instrmnent,with
saythni heresidesat
n whom I by nm duly
mn persmally acipiahited,who, helii
nworn,d|d thiposeand any that
he reshlesat
0.
that is is the ;
of that Imknown
thecargmrallondescribed
In and which executedlho foreg hu
instrument| that to he the imilvidual
kumva the seal of describedin
that Ibn sealaffixml
sahi cerperee::: and who executedibn foregoing instrument;
lo was so
sald lustrumentis simh commrntoseals glint It
that he, sahi subscribing witness,was presentand saw
order of the imard of dhoctorsof sald commra.
allized h execulethe enme;ami ilmt
he, anid wilness,
lion, am thathe signedh nt tim samntimo subscribedh
namothereto by like order. anmoas witnessthereto.
i
pargalitalibflFate Meeb si:CTION 45
Wnu CoveAnxAGAl Acts
CRAMTOn's BLOCK 2
TITLENo.
LOT 53
ROBERTW. MANDELLand SUSANA, MANDELL, COUNTYORTOWN of Hague
husbandand wife Warren county
Street Address: 53 Bobkat Lane
TO Hague, NY 12836
ROBERTW. MANDELLand SUSANA. HANDELLP RETURN BY MAIL TO:
as tenante-in-commonequally
David J. Wilfert, Esq.
Shamberg Marwell Hocherman Davis
& Hollis, PC
55 Smith Avenue
Mount Kisco, NY 10549 Zip No.
O
Q
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SCHEDULE "A"
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate
in the Town of Hague, County of Warren, State of New York,
being more particularly described as follows:
onKnown and designated as lot No. 53 as shown on a map
, entitled "Map of Lands Proposed to be conveyed to Hague
Development Corporation for the subdivision Arcady Bay
Estates, situate in the Town of Hagile, Warren County, New
. York", survey and map made by Coulter, McCormack and
Dickinson, licensed land surveyors September 2, 1977,
revised February 21, 1978 and March 15, 1978 and filed in
the Warren county Clerk's office on May 16, 1978 in Book 101
-- at Page 29, amended February 1, 1979 and filed in the Warren ,
County Clerk's Office November 1, 1979, in Book 102 at page
7. .
Subject to the Declaration of Covenants, Restrictions, ,
Easements, Charges and Liens made by Hague Development Corp.
dated the 1st day of April, 1978 and recorded in the Warren
County Clerk's office in Book 618 of Deeds at Page 57 on the i
26th day of October, 1978.
!
Subject to an amendment to the Declaration of Cc•;::·.ar.te.,
Restrictions, Easements, Charges and Liens allowing the
construction of four townhouses on Lot 72 and in addition
utilizing lot 72 for a marina and for a water pumping
station.
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MapReference
LOT 54 M,g ...
BayEstates
Arcady
By-Coulter. end
McConnack
Drckmson
Date: f977
2Septernber
er tastRevised:
I February
1979
MAP
O
Capped
RodFound
IronPope
Found
IronRodFound
Capped
RodSet
hocasmonumented
Property
IronPipeFound
Capped
RodSet
EdgeofPavement
overProperty
Unc MAGSpike
SetmPavement
MAGSpike
SetinPavement
M noNew
tOnly
t.tie
Note ntreanaWe
nIrvryp
bes
¬Iedeed
ch se,owd
. 'hanbeedonpcontan
rei
ted-seei
nce
rerees
ecypuy
IronRodFound showing a portion of landsof
(mpavement)
ermea-nœ. me-varksure
alue Robert & Sv san Manden
SltU:te In
u u ea,watse
madtcoh.·v
a,r Townof Hague County of Warren
. State oNewYork
T1 Scale: l " = 40 feet
Date: 30 July 2020
cm eo ceag tana
s-y.
arrsssee
rec
cyted
bthe
New
York
5tme d
Ass4ton
en
5 sym.
Ind,
The
sm a Sty*auap
ty
b do troans
for
thethe
t u&laiy
murvey
on
bated
unit
besary
per.
suMy ngneers
TNori mercom
trampreraNe.
n ns. Surveyore
LAf,E NWYO12845
GEORGE,
The
lor.e.
oI angre6gpri4•er
are treen
evoute¬
*otsesyn
e-urpso-nent, pest
+oc
was--a.d*vudear•=d
et.L
ea wryfer
ene-eachrrerts we
r rr6+iewn.
We
or
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n eet
sewmasommaue. HA.45_2.53
(old)
MA: J_e(new)
60.9_
.. .. .....
.. .... ....
..
SCHEDULE B
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McPHILLIPS, FITZGERALD & CULLUM LLP
DENNIS J. PHILLIPS ATTORNEYS AT LAW
WILLIAM E. FITZGERALD
288 GLEN STREET
JAMES E. CULLUM ERIC C. SCHWENKER
DANIEL J. HOGAN P.O. BOX 299
STEPHEN L. PERKINS
JOHN E. FITZGERALD JR.* GLENS NY 12801-0299
FALLS,
TIMOTHY S. SHULER PHONE: 792-1174
(518)
MELISSA DWYER LESCAULT FLORIDA OFFICE
FAX: (518) 792-1675 or 761-9810
DENNIS J. O'CONNOR* (518)
9999 NE 2"d Avenue, Suite 200
EDWARD P. FITZGERALD E-MAIL: law@mfellp.com
MMMI SHORES, FL 33138
COURTNEY M. HASKINS PHONE: (305) 751-8556
ESTABLISHED 1911
*ALSO ADMITTED IN FLORIDA
File No.: 226333
September 15, 2020
Honorable Edna Frasier /
Town Supervisor, Town of Hague
9793 Graphite Mountain Road
Hague, NY 12836
Certified Mail and Regular Mail
Rion Marcy, Zoning Enforcement Officer
Town of Hague
9793 Graphite Mountain Road
Hague, NY 12836
Regular Mail
Bryant Family, LLC
c/o Douglas F. Bryant
1055 Crawfords Climb
Nellysford, VA 22958
Certified Mail and Regular Mail
Re: Property owned by Robert W. Mandell and Susan A. Mandell
Lot #53, Arcady Bay Estates, 92 Bobkat Lane
Tax Map Parcel Identification No.: 60.9-1-8
Dear Supervisor Frasier, ZEO Marcy and LLC Member Mr. Bryant,
My law firm represents Robert W. Mandell and Susan A. Mandell with respect to their
property located at 92 Bobkat Lane in the Town of Hague, which property is between Bobkat
Lane and Pine Cove Road (the "Mandell Property"). The Mandell Property is evidenced by a
deed dated January 13, 1994 recorded in the Warren County Clerk's Office on January 27,
1994 in Book 906 of Deeds at Page 251, a copy of which is enclosed with this letter and
marked as Schedule A.
SCHEDULE C
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The impetus for this letter reistes to a claim by the Bryant Family, LLC, the owner of a
property situate at 63 Pine Cove Road identified as Lot #8 on a survey map of "Pine Cove
Extension"
with a Tax Map Parcel Identification No.: 60.5-1-22, to the effect that the Bryant
Family had the legal right of dumping on the Mandell Property, which claim appeared to be
supported by the Town of Hague, in particular, Cathy Clark, the former ZEO. Specifically, Mr.
Bryant has had the habit of blowing leaves, sand and other road debris from both sides of Pine
Cove Road onto the Mandell Property, and in support thereof Cathy Clark produced an aerial
report erroneously showing the location of the Town Road. Ms. Clark never actually addressed
the legal boundary lines for the road and the Mandell Property.
The above caused the Mandell Property to be surveyed, a copy of which survey
performed by D. L. Dickinson Associates dated July 30, 2020 is enclosed with this letter. This
was filed in the Warren Clerk's Office on August 2020 as Instrument #2020-
survey County 24,
3000045 in Book D at Page 32, a print of which is attached as Schedule B (the "Mandell
Survey"). By
Preview
FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN SUMMONS SUSAN A. AND ROBERT W. MANDELL 92 Bob Kat Lane Hague, New York 12836 Index No.: Plaintiffs, RJi No.: -against- Date Filed: 05/25/2021 TOWN OF HAGUE 9793 Graphite Mountain Road Hague, New York 12836 Assigned Judge: Hon. Defendant. TOTHE ABOVENAMEDDEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiff in this action and to serve a copy of your Answer where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, Judgment will be taken against you by default for the relief demanded in the Complaint. Trial to be held in the County of Warren. The basis of the venue is that the events giving rise to the claim occurred in Warren County. (CPLR §503(a)). Plaintiffs' have a residence in Warren County at 92 Bob Kat Lane, Hague, New York 12836. Dated: May 25, 2021 Dennis J. Phillips, E6 . McPHILLIPS, FITZ RALD & CULLUM LLP Attorneys for Plaintiff 288 Glen Street, P.O. Box 299 Glens Falls, NY 12801 Tel. (518) 792-1174 -1- 1 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN ROBERT W. MANDELL and SUSAN A. MANDELL COMPLAINT 92 Bob Kat Lane Hague, New York 12836 Plaintiffs, Index No.: -against- RJI No.: TOWN OF HAGUE 9793 Graphite Mountain Road Assigned Judge: Hague, New York 12836 Hon. Defendant. Plaintiffs, by and through their attorneys, McPhillips, Fitzgerald & Cullum LLP, allege the following for a complaint: 1. Robert W. Mandell and Susan A. Mandell (hereinafter the "Plaintiffs") own property and have a place of residence in Warren County with an address of 92 Bob Kat Lane, Hague, New York, identified on the Town of Hague tax map as Tax Map Parcel No.: 60.9-1-8 (the "A" "Subject Property"). SCHEDULE attached hereto is the deed into their property, which deed was recorded in the Warren County Clerk's Office on October 10, 1997 in Book 1038 of Deeds at Page 185. The Subject Property is located between Bob Kat Lane, a private road in Arcady Bay Estates and Pine Cove Road, a town road, and has frontage on both roads. 2. Upon information and belief, the Town of Hague (hereinafter the "Defendant") is a municipal corporaticri organized and existing under the laws of the State of New York and is responsible for the layout, maintenance and repair of Pine Cove Road, a town road. -2- 2 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 3. After a dispute with a neighboring Town of Hague property owner located across the road neighbors' on Pine Cove Road with respect to that illegal dumping of leaves and debris on the Subject Property, and after such illegal dumping was condoned and defended by the former zoning enforcement officer of the Town, one Cathy Clark, the Plaintiffs had the subject property surveyed by a New York Licensed Surveyor, D. L. Dickinson Associates, "B" a copy of which is attached hereto and marked SCHEDULE (the "Road Survey"). The Road Survey was filed in the Warren County Clerk's Office on August 24,2020 as Instrument #2020-3000045 in Book D at Page 32. 4. The Road Survey shows that the pavement of Pine Cove Road encroaches on the Subject Property in at least three different locations, all of which have been marked by a MAG Spike Set in Pavement or by an Iron Rod Found in the Pavement, and that there is no buffer zone between the pavement on the Town Road and the property line of the Subject Property. 5. By certified letter dated September 15, 2020, the Plaintiffs through their attorneys provided the Defendant with notice of the Town Road encroachments on the Subject Property and demanded that the Defendant relocate Pine Cove Road at its cost and expense so itdoes not encroach upon the Subject Property, and also demanded that a ñeighbor across the street on Pine Cove Road cease and desist from fouling the Subject Property by blowing leaves and debris onto the Subject Property. A copy of the letter "C" without attachments is attached hereto and marked SCHEDULE (the "First Letter"). 6. Following up the First Letter, upon the belief that the Town was willing to take action to move the macadam travel portion of Pine Cove Road off the Subject Property, by certified letter dated November 24, 2020 the Plaintiffs through their attorneys provided the Defendant with a second letter in which the Plaintiffs expressed further concerns relative -3- 3 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 to the situation involving the location and use of Pine Cove Road (the "Second Letter") a copy of the Second Letter without attachments is attached hereto and marked SCHEDULE "D". 7. Upon information and belief, the Defendant has taken no action to relocate Pine Cove Road off the Subject Property and has taken no action to provide a buffer between the property line of the Subject Property and the macadam travel portion of Pine Cove Road, thereby sanctioned a continuing trespass by the Defendant and the users of Pine Cove Road against the Subject Property. 8. Plaintiffs have been damaged and continue to be damaged on a daily basis by the failure of the Defendant to remedy the egregious situation of condoning a public highway on private property in violation of the property rights of the Plaintiffs. WHEREFORE, the Plaintiffs request a judgment of the Court mandating that the 4' Defendant relocate Pine Cove Road and the required shoulder required for snow removal and other routine Town maintenance activities off the Subject Property, enjoining the Defendant and the general public from using Pine Cove Road as itcrosses the Subject Property, damages for the actual costs incurred and attorneys fees of the Plaintiffs for the grief caused the Plaintiffs by the Defendant, together with other relief as the Court may deem just and proper in this action. Dated: May 25, 2021 ennis J. Phillips, Es McPHILLIPS, FITZG LD & CULLUM LLP Attorneys for Plaintiff 288 Glen Street, P.O. Box 299 Glens Falls, NY 12801 Tel. (518) 792-1174 -4- 4 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 , WARREN COUNTYCLERK RECORDING COVERSHEET 005664 EMP. INITIALS INSTRUMENT no, 0F PA988 TYPE OF DOC. ADDTi,. FEE TOWN ADDTL. NAMES . ______ o TRANSFER TAX AHT.$ MOF2GAGE AHT. $ MORTGAGE TAX # TRANSFERTAX STAMP NORTGAGE TAX STAMP ' RECElVED TRANSFER TAX * WARREN COUNTY * * Please fill in blanks below beforesubmitting for recording. GRANTOR/NoBTnAGOR/ASSIGNOR Y GRANTEE/HORTGAGEE/ASSIGN RECORDED BY: //////////// f f f f f f |j jj ffjjj jj ffffjjjj f RECORDINGSTAMP RETuRNTo, Shnn ber3 m r e hc/énnan . / PAG AliDEXAMIllED 6 () €r V/ARHDICOUNTY.H.Y. CARYLM.CLA!(KCLERM o 97 OCT 10 Pli 12: 49 Upon recording chis page becomes apar tof the RECORDED document. ($3.00) / †. SCHEDULE A 5 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 CONSULTYoURLAWYERSEFOAE 5IGNINGTHIS INSTRUMENT-TH)$tN5TRUMENrSHoUtDBEUSED8YtAWYEn50N1Y THIS INDENTURE, madethe )Ôday of , nineteenhundredand seven ninety BETWEEN - ROBERTW. MANDELLand SUSANA. NANDELL, husband and wife 20 Tribrook Drive, SouthSalem, New York 10590 . E, party of thefirst part,and ROBERTW. MANDELLand SUSANA. MANDELL, as, tenants-in-common equally c 20 Tribrook Drive, SouthSalem, New York 10590 party of the secondpart, y . . GD in --·¹--''- WITNESSETH, that the party of the firs pa of Ten Dollarsandother valuableconsideration paid by the party of the secondpart, doe he y·grant and releaseunto the party of thesecondpart, the heirs . or successors andassignsof the party of t e'se&nd(3artforever, ALL that certain lot, pieceort arcelÓfÓan with the buildingsand i-r:===t: thereo erectd, situate, Town of lying and heing inÎhe Higúe County ofWarren, StaEe of New Yorlc,being more describe "A" l'9onf,Sch dule annexed hereto and made a parthereof, particularly Being the same premise inve m Dixon Raymond and BarbaraRaymond to Robert W. Mandell and SusatA. landhil,husband and wife, by deed dated January 13, 1994 and recorde'din\tili·e'Warren County Clerk's Office on January 27, 1994 in Liber 90)$, Pb8ef.251. TOGETlIER whh all right, title and interest,if · of the first uart in and to any, us the part any streetsand roads abulting the abovedescribedpremisesto the centerlines t >ereoftTOGETiIERwighthe appurrenances and all theestateand rightsof the party of the first part in and to said premisestTO IfAVE AND TO HOLD the premiseshereingrantedunto the party of thesecondpart. the heirsor successors and assignsof theparty·of · thesecondpart forever. AND theparty of thefirst partcovenantsthattheparty of thefirst parthasnot doneor sufferedanythingwhereby , - the said premiseshavebeenens-imi inanyway whatever,exceptasaforesaid. that the party of the first . AND theputy of thefirst part,in compliancewnhSection13of the Lien Law,covenants . and will hold the right to receivesuchconsiderattoriasa part will receivethe considerationfor this conveyance . , andwill apply thesamefirst to trust fundto besppliedlirst for thepurposeof payingthe costof thebr.pr::===i .. tlie paymentof thecostof the knprovement beforeunmgany part of thetotalof theeamefor any otherpurpose. , The word"party" phallbeconstruedas if it read"parties" wheneverthesenseof this indenturesoreqmrcs. . IN WITNESS WHEREOF, the party of thefirst part has duly executedthis deedthe day and yearfirst above wntten. . IN PRESENcEUF: Rbbert W. tiandell Susan A. Mandell 6 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 Ûðr¼Dd F1IEF1Et0 5TATf OF , COUNTYOF ymnmaeummaR ast5TATEOFNEWYoNK,COUNTY of ass On the AÝday of Qeg|þcQ 1997 , before.ine On ilic day of 19 , beforeme personallycame persimallycame HANDELL RollERT W. HANDEl,Land SUSANA. to mo known lo he lim imilvidual deserthedin ami wlm to mo knt.wn to be the imllthiust descrilml in ami who executedshe fore oing ineirmnent, and acknowledgedthat executedthe fore olng instrument,nmi acknowledgedilmt executedt in same. executedgm same. they ,. Nota Pithlf.c MARY R. PRACKUP s® c. .2 NUTARY I'UnMQ . . f. EXl'lRL$ VCOMMIS510N 1999 DTC.33. 'f f? STATEOFNsWYORK,Co0NTYOF as: STAYEOFNEWYORK,COUNTYOF On the day of 19 , befornmeOnthe day of 19 , beforeme persona|lycama wrsonall came |m aubsribing by mo duly aworn,dhl depoanand |u n|c known,who, hch witimestothe foregoing Instrmnent,with saythni heresidesat n whom I by nm duly mn persmally acipiahited,who, helii nworn,d|d thiposeand any that he reshlesat 0. that is is the ; of that Imknown thecargmrallondescribed In and which executedlho foreg hu instrument| that to he the imilvidual kumva the seal of describedin that Ibn sealaffixml sahi cerperee::: and who executedibn foregoing instrument; lo was so sald lustrumentis simh commrntoseals glint It that he, sahi subscribing witness,was presentand saw order of the imard of dhoctorsof sald commra. allized h execulethe enme;ami ilmt he, anid wilness, lion, am thathe signedh nt tim samntimo subscribedh namothereto by like order. anmoas witnessthereto. i pargalitalibflFate Meeb si:CTION 45 Wnu CoveAnxAGAl Acts CRAMTOn's BLOCK 2 TITLENo. LOT 53 ROBERTW. MANDELLand SUSANA, MANDELL, COUNTYORTOWN of Hague husbandand wife Warren county Street Address: 53 Bobkat Lane TO Hague, NY 12836 ROBERTW. MANDELLand SUSANA. HANDELLP RETURN BY MAIL TO: as tenante-in-commonequally David J. Wilfert, Esq. Shamberg Marwell Hocherman Davis & Hollis, PC 55 Smith Avenue Mount Kisco, NY 10549 Zip No. O Q 7 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 SCHEDULE "A" ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND situate in the Town of Hague, County of Warren, State of New York, being more particularly described as follows: onKnown and designated as lot No. 53 as shown on a map , entitled "Map of Lands Proposed to be conveyed to Hague Development Corporation for the subdivision Arcady Bay Estates, situate in the Town of Hagile, Warren County, New . York", survey and map made by Coulter, McCormack and Dickinson, licensed land surveyors September 2, 1977, revised February 21, 1978 and March 15, 1978 and filed in the Warren county Clerk's office on May 16, 1978 in Book 101 -- at Page 29, amended February 1, 1979 and filed in the Warren , County Clerk's Office November 1, 1979, in Book 102 at page 7. . Subject to the Declaration of Covenants, Restrictions, , Easements, Charges and Liens made by Hague Development Corp. dated the 1st day of April, 1978 and recorded in the Warren County Clerk's office in Book 618 of Deeds at Page 57 on the i 26th day of October, 1978. ! Subject to an amendment to the Declaration of Cc•;::·.ar.te., Restrictions, Easements, Charges and Liens allowing the construction of four townhouses on Lot 72 and in addition utilizing lot 72 for a marina and for a water pumping station. 8 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 MapReference LOT 54 M,g ... BayEstates Arcady By-Coulter. end McConnack Drckmson Date: f977 2Septernber er tastRevised: I February 1979 MAP O Capped RodFound IronPope Found IronRodFound Capped RodSet hocasmonumented Property IronPipeFound Capped RodSet EdgeofPavement overProperty Unc MAGSpike SetmPavement MAGSpike SetinPavement M noNew tOnly t.tie Note ntreanaWe nIrvryp bes ¬Iedeed ch se,owd . 'hanbeedonpcontan rei ted-seei nce rerees ecypuy IronRodFound showing a portion of landsof (mpavement) ermea-nœ. me-varksure alue Robert & Sv san Manden SltU:te In u u ea,watse madtcoh.·v a,r Townof Hague County of Warren . State oNewYork T1 Scale: l " = 40 feet Date: 30 July 2020 cm eo ceag tana s-y. arrsssee rec cyted bthe New York 5tme d Ass4ton en 5 sym. Ind, The sm a Sty*auap ty b do troans for thethe t u&laiy murvey on bated unit besary per. suMy ngneers TNori mercom trampreraNe. n ns. Surveyore LAf,E NWYO12845 GEORGE, The lor.e. oI angre6gpri4•er are treen evoute¬ *otsesyn e-urpso-nent, pest +oc was--a.d*vudear•=d et.L ea wryfer ene-eachrrerts we r rr6+iewn. We or e-oo,.,m n eet sewmasommaue. HA.45_2.53 (old) MA: J_e(new) 60.9_ .. .. ..... .. .... .... .. SCHEDULE B 9 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 McPHILLIPS, FITZGERALD & CULLUM LLP DENNIS J. PHILLIPS ATTORNEYS AT LAW WILLIAM E. FITZGERALD 288 GLEN STREET JAMES E. CULLUM ERIC C. SCHWENKER DANIEL J. HOGAN P.O. BOX 299 STEPHEN L. PERKINS JOHN E. FITZGERALD JR.* GLENS NY 12801-0299 FALLS, TIMOTHY S. SHULER PHONE: 792-1174 (518) MELISSA DWYER LESCAULT FLORIDA OFFICE FAX: (518) 792-1675 or 761-9810 DENNIS J. O'CONNOR* (518) 9999 NE 2"d Avenue, Suite 200 EDWARD P. FITZGERALD E-MAIL: law@mfellp.com MMMI SHORES, FL 33138 COURTNEY M. HASKINS PHONE: (305) 751-8556 ESTABLISHED 1911 *ALSO ADMITTED IN FLORIDA File No.: 226333 September 15, 2020 Honorable Edna Frasier / Town Supervisor, Town of Hague 9793 Graphite Mountain Road Hague, NY 12836 Certified Mail and Regular Mail Rion Marcy, Zoning Enforcement Officer Town of Hague 9793 Graphite Mountain Road Hague, NY 12836 Regular Mail Bryant Family, LLC c/o Douglas F. Bryant 1055 Crawfords Climb Nellysford, VA 22958 Certified Mail and Regular Mail Re: Property owned by Robert W. Mandell and Susan A. Mandell Lot #53, Arcady Bay Estates, 92 Bobkat Lane Tax Map Parcel Identification No.: 60.9-1-8 Dear Supervisor Frasier, ZEO Marcy and LLC Member Mr. Bryant, My law firm represents Robert W. Mandell and Susan A. Mandell with respect to their property located at 92 Bobkat Lane in the Town of Hague, which property is between Bobkat Lane and Pine Cove Road (the "Mandell Property"). The Mandell Property is evidenced by a deed dated January 13, 1994 recorded in the Warren County Clerk's Office on January 27, 1994 in Book 906 of Deeds at Page 251, a copy of which is enclosed with this letter and marked as Schedule A. SCHEDULE C 10 of 14 FILED: WARREN COUNTY CLERK 05/25/2021 10:29 AM INDEX NO. EF2021-69069 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/25/2021 The impetus for this letter reistes to a claim by the Bryant Family, LLC, the owner of a property situate at 63 Pine Cove Road identified as Lot #8 on a survey map of "Pine Cove Extension" with a Tax Map Parcel Identification No.: 60.5-1-22, to the effect that the Bryant Family had the legal right of dumping on the Mandell Property, which claim appeared to be supported by the Town of Hague, in particular, Cathy Clark, the former ZEO. Specifically, Mr. Bryant has had the habit of blowing leaves, sand and other road debris from both sides of Pine Cove Road onto the Mandell Property, and in support thereof Cathy Clark produced an aerial report erroneously showing the location of the Town Road. Ms. Clark never actually addressed the legal boundary lines for the road and the Mandell Property. The above caused the Mandell Property to be surveyed, a copy of which survey performed by D. L. Dickinson Associates dated July 30, 2020 is enclosed with this letter. This was filed in the Warren Clerk's Office on August 2020 as Instrument #2020- survey County 24, 3000045 in Book D at Page 32, a print of which is attached as Schedule B (the "Mandell Survey"). By