Preview
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
-------------------------------------------------------X
MARC SMITH,
Plaintiff, Index No.:
-against-
COURTNEY DEDONA and EDWARD J. SMITH,
Defendants.
--------------------- --------------------- --X
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petiticrier,whose name islisted above, has filed this case using the New York State
Courts E-filingsystem ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
Ifyou are represented by an attornev:
Attorneys"
Give thisNotice to your attorney. (Attorneys: see "Information for pg. 2).
Ifyou are not represented by an attorney:
You will be served with alldocumants in paper and you must serve and fileyour documents in paper,
unless you choose to participate in e-filing.
Ifyou choose to participate in e-filing,you must have access to a cam;:‡= and a scanner or other
device to convert documents into electronic format, a connection to the internet, and an e-mail
address to receive service of documents.
The benefits of participating in e-filinginclude:
• serving and filingyour documents electronically
• free access to view and print your e-filed documents
• limiting your number of trips to the courthouse
• paying any court fees on-line (credit card needed)
To register for e-filingor for more information about how e-filing works:
• visit:www.nvcourts.cov/efile-unreoresented or
• contact the Clerk's Office or Help Center at the court where the case was filed.Court contact
information can be found at www.nvcourts.gov
Filedin Orange County 07/21/2021 02:08:29 PM $0.00 Bk: 1 of
5145 8 Pg: 1985 Index: # EF005125-2021 Clerk:SW
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
To find legalinformation to help you represent yourself visitwww.nvcourthelo.gov
Information for Attorneys
An attorney representing a party who isserved with this notice must either consent or decliñé consent
to electronic filingand service through NYSCEF for thiscase.
Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the
NYSCEF site.Attorneys not registered with NYSCEF but intending to participate in e-filingmust first
create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to
www.nvcourts.gov/efile
Attorneys declining to consent must filewith the court and serve on allparties of record a declination of
consent.
For additional information about electronic filingand to create a NYSCEF account, visitthe NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: e-
646-386-3033;
mail: efile@nvcourts.gov).
Dated: July 16, 2021 huw T /
By: Jacob Tuckfelt, Esq.
Blustein, Shapiro, Frank & Barone, LLP
Attorneys for Plaintiff
10 Matthews Street
Goshen, New York 10924
(845) 291-0011
jtuckfelt@mid-hudsonlaw.com
To: Courtney DeDona
174 Newel Street
Brooklyn, NY 11222
Edward J. Smith
112 Whitehead Road
Sparrowbush, NY 12780
Form EF-3 (6/6/18)
2 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
MARC SMITH,
Plaintiff, Index No.:
-against-
SUMMONS
COURTNEY DEDONA and EDWARD J. SMITH,
Defendants.
------------------------------------------------------------------X
Plaintiff designates Orange County as the place of trial.
The basis of the venue is the location of the real property at issue.
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the Complaint of Plaintiff(s) herein and to serve
a copy of your Answer on Plaintiff(s) at the address indicated below within 20 days after the
service of this Summons (not counting the day of service itself), or within 30 days after service is
complete ifthe Summons is not delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the Complaint.
Dated: July 16, 2021 /J4cod Le¶flf/
Goshen, New York By: Jacob Tuckfelt, Esq.
Blustein, Shapiro, Frank & Barone, LLP
Attorneys for Plaintiff
10 Matthews Street
Goshen, New York 10924
(845) 291-0011
jtuckfelt@mid-hudsonlaw.com
TO: Courtney DeDona
174 Newel Street
Brooklyn, NY 11222
Edward J. Smith
112 Whitehead Road
Sparrowbush, NY 12780
3 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
MARC SMITH,
Plaintiff, Index No.:
-against-
COMPLAINT
EDWARD J. SMITH and COURTNEY DEDONA,
Defendants.
------------------------------------------------------------------X
Plaintiff MARC SMITH, by his/her/its attorneys, Blustein, Shapiro, Frank & Barone, LLP, as
and for his/her/its Complaint, alleges the following:
1. Plaintiff MARC SMITH ("Marc") is a natural person residing at 675 Leonard Street,
Brooklyn, NY 11222.
2. Defendant EDWARD J. SMITH ("Edward") is a natural person residing at 112
Whitehead Road, Sparrowbush, NY 12780, with mailing address P.O. Box 541, Sparrowbush,
NY 12780.
3. Defendant COURTNEY DEDONA ("Courtney") is a natural person residing at 174
Newel Street, Brooklyn, NY 11222.
4. The real property at issue in this action ("the house") is an improved parcel of real
known as 112 Whitehead a single-
property, commonly Road, Sparrowbush, NY, containing
family dwelling.
5. The 2021 full market value of the house, as assessed by the County of Orange, is
$257,600.
6. The parties are siblings and are the children of Florence Ligarzewski ("Florence").
Florence has no other surviving offspring.
4 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
7. The house was Florence's residence until she passed on April 11, 2019. At that time, the
house was owned by the Florence Ligarzewski Irrevocable Trust.
8. After Florence passed away, Marc, as Trustee of the Florence Ligarzewski Irrevocable
Trust, distributed the house pursüãñt to the terms of the trust.
9. According to the deed filed in the Office of the Orange County Clerk on October 22,
2019, the house is presently owned 25% by Courtney, 25% by Edward, and 50% by Marc, as
tenants-in-common.
10. Upon information and belief, there are no persors or entities holding rights, shares, or
interests in the house, other than the parties to this action.
11. There is no mortgage upon the house.
12. Marc has caused no lien to be incurred upon the house, nor caused any other
encumbrance upon the house.
13. Upon information and belief, Edward has caused no lien to be incurred upon the house,
nor caused any other encumbrance upon the house.
14. Upon information and belief, Courtney has caused no lien to be incurred upon the house,
nor caused any other encumbrance upon the house.
15. From April 2019 through October 2019, all expenses associated with the house were paid
by Marc personally, with no contribution from Edward or Courtney.
16. Courtney made no contribution towards expenses of the house until October 2019. At
that time, she came current on her share of expenses and has been contributing her share since.
17. In Noycinber 2020, Edward begin residing in the house and has resided there since.
18. Edward made no contribution towards expenses of the house until Decernber 2020.
5 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
19. Comniencing December 2020, Edward has paid the monthly bills associated with his
direct use of the house. However, his contribution towards the property taxes is limited to a
single quarterly tax bill for the last quarter of 2020.
20. Marc wishes to cease contribüting towards the expenses of the house. He wishes the
house to be sold and the net proceeds of the sale to be distributed among the parties in
accordance with their ownership interests and expenses incurred.
21. Upon information and belief, Edward is unwilling to voluntarily listthe house for sale.
22. Upon information and belief, Courtney is unwilling to voluntarily listthe house for sale.
23. It isneither practical nor economical to partition the house into multiple parcels. There is
but one dwelling on the parcel, and the total parcel comprises less than two acres.
AS AND FOR A FIRST CAUSE OF ACTION - PARTITION BY SALE
24. Plaintiff repeats the allegations contained in the foregoing paragraphs.
property"
25. The house constitutes "heirs as defined by RPAPL § 993 and should be
partitioned pursuant to same. Marc understands that his filing of this Complaint pursuant to
RPAPL § 993 constitutes an agreement by Marc that his interest may be acquired by the other
co-tenant at a value determined by the Court.
26. In additional to his share of the net proceeds pursuant to his 50% ownership interest,
Marc is entitled to reimbursement from the net proceeds for his expenditures relative to the
house, to the extent his expenditures have exceeded his proportionate ownership interest.
WHEREF ORE, Plaintiff demands judgment of partition by sale of the house, together
with interest and costs as provided by law, as well as all other relief deemed appropriate by the
Court or provided by statute.
6 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
Dated: July 16, 2021 /Jw T /
Goshen, New York By: Jacob Tuckfelt, Esq.
Blustein, Shapiro, Frank & Barone, LLP
Attorneys for Plaintiff
10 Matthews Street
Goshen, New York 10924
(845) 291-0011
jtuckfelt@mid-hudsonlaw.com
To: Courtney DeDona
174 Newel Street
Brooklyn, NY 11222
Edward J. Smith
112 Whitehead Road
Sparrowbush, NY 12780
7 of 8
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
X
MARC SMITH,
Plaintiff, Index No.:
-against-
CERTIFICATION
COURTNEY DEDONA, EDWARD J. SMITH,
Defendants.
X
I,MARC SMITH, hereby certify, under the penalties of perjury, that I have carefully read and
reviewed the above-captioned Complaint, and that all information contained in that document is
true and accurate in all respects to the best of my knowledge and understanding.
I further certify, under penalty of perjury, that neither my attorney, nor anyone acting on my
attorney's behalf, was the source of of the information colitalized in the annexed deemnent;
any
and that I understand that my attorney is relying entirely upon the information provided by me
and upon my certification that all such information is true and accurate.
I further certify that the annexed document includes all information which I provided to my
attorney which is rciciañt to such document and that my attorney has not deleted, omitted or .
excluded any such aformation.
Dated:
7 /
/
MARC SMITH
8 of 8
Preview
FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------------------------------------------------X MARC SMITH, Plaintiff, Index No.: -against- COURTNEY DEDONA and EDWARD J. SMITH, Defendants. --------------------- --------------------- --X NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petiticrier,whose name islisted above, has filed this case using the New York State Courts E-filingsystem ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. Ifyou are represented by an attornev: Attorneys" Give thisNotice to your attorney. (Attorneys: see "Information for pg. 2). Ifyou are not represented by an attorney: You will be served with alldocumants in paper and you must serve and fileyour documents in paper, unless you choose to participate in e-filing. Ifyou choose to participate in e-filing,you must have access to a cam;:‡= and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filinginclude: • serving and filingyour documents electronically • free access to view and print your e-filed documents • limiting your number of trips to the courthouse • paying any court fees on-line (credit card needed) To register for e-filingor for more information about how e-filing works: • visit:www.nvcourts.cov/efile-unreoresented or • contact the Clerk's Office or Help Center at the court where the case was filed.Court contact information can be found at www.nvcourts.gov Filedin Orange County 07/21/2021 02:08:29 PM $0.00 Bk: 1 of 5145 8 Pg: 1985 Index: # EF005125-2021 Clerk:SW FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 To find legalinformation to help you represent yourself visitwww.nvcourthelo.gov Information for Attorneys An attorney representing a party who isserved with this notice must either consent or decliñé consent to electronic filingand service through NYSCEF for thiscase. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site.Attorneys not registered with NYSCEF but intending to participate in e-filingmust first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nvcourts.gov/efile Attorneys declining to consent must filewith the court and serve on allparties of record a declination of consent. For additional information about electronic filingand to create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: e- 646-386-3033; mail: efile@nvcourts.gov). Dated: July 16, 2021 huw T / By: Jacob Tuckfelt, Esq. Blustein, Shapiro, Frank & Barone, LLP Attorneys for Plaintiff 10 Matthews Street Goshen, New York 10924 (845) 291-0011 jtuckfelt@mid-hudsonlaw.com To: Courtney DeDona 174 Newel Street Brooklyn, NY 11222 Edward J. Smith 112 Whitehead Road Sparrowbush, NY 12780 Form EF-3 (6/6/18) 2 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X MARC SMITH, Plaintiff, Index No.: -against- SUMMONS COURTNEY DEDONA and EDWARD J. SMITH, Defendants. ------------------------------------------------------------------X Plaintiff designates Orange County as the place of trial. The basis of the venue is the location of the real property at issue. To the above-named Defendant(s): YOU ARE HEREBY SUMMONED to answer the Complaint of Plaintiff(s) herein and to serve a copy of your Answer on Plaintiff(s) at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete ifthe Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the Complaint. Dated: July 16, 2021 /J4cod Le¶flf/ Goshen, New York By: Jacob Tuckfelt, Esq. Blustein, Shapiro, Frank & Barone, LLP Attorneys for Plaintiff 10 Matthews Street Goshen, New York 10924 (845) 291-0011 jtuckfelt@mid-hudsonlaw.com TO: Courtney DeDona 174 Newel Street Brooklyn, NY 11222 Edward J. Smith 112 Whitehead Road Sparrowbush, NY 12780 3 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X MARC SMITH, Plaintiff, Index No.: -against- COMPLAINT EDWARD J. SMITH and COURTNEY DEDONA, Defendants. ------------------------------------------------------------------X Plaintiff MARC SMITH, by his/her/its attorneys, Blustein, Shapiro, Frank & Barone, LLP, as and for his/her/its Complaint, alleges the following: 1. Plaintiff MARC SMITH ("Marc") is a natural person residing at 675 Leonard Street, Brooklyn, NY 11222. 2. Defendant EDWARD J. SMITH ("Edward") is a natural person residing at 112 Whitehead Road, Sparrowbush, NY 12780, with mailing address P.O. Box 541, Sparrowbush, NY 12780. 3. Defendant COURTNEY DEDONA ("Courtney") is a natural person residing at 174 Newel Street, Brooklyn, NY 11222. 4. The real property at issue in this action ("the house") is an improved parcel of real known as 112 Whitehead a single- property, commonly Road, Sparrowbush, NY, containing family dwelling. 5. The 2021 full market value of the house, as assessed by the County of Orange, is $257,600. 6. The parties are siblings and are the children of Florence Ligarzewski ("Florence"). Florence has no other surviving offspring. 4 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 7. The house was Florence's residence until she passed on April 11, 2019. At that time, the house was owned by the Florence Ligarzewski Irrevocable Trust. 8. After Florence passed away, Marc, as Trustee of the Florence Ligarzewski Irrevocable Trust, distributed the house pursüãñt to the terms of the trust. 9. According to the deed filed in the Office of the Orange County Clerk on October 22, 2019, the house is presently owned 25% by Courtney, 25% by Edward, and 50% by Marc, as tenants-in-common. 10. Upon information and belief, there are no persors or entities holding rights, shares, or interests in the house, other than the parties to this action. 11. There is no mortgage upon the house. 12. Marc has caused no lien to be incurred upon the house, nor caused any other encumbrance upon the house. 13. Upon information and belief, Edward has caused no lien to be incurred upon the house, nor caused any other encumbrance upon the house. 14. Upon information and belief, Courtney has caused no lien to be incurred upon the house, nor caused any other encumbrance upon the house. 15. From April 2019 through October 2019, all expenses associated with the house were paid by Marc personally, with no contribution from Edward or Courtney. 16. Courtney made no contribution towards expenses of the house until October 2019. At that time, she came current on her share of expenses and has been contributing her share since. 17. In Noycinber 2020, Edward begin residing in the house and has resided there since. 18. Edward made no contribution towards expenses of the house until Decernber 2020. 5 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 19. Comniencing December 2020, Edward has paid the monthly bills associated with his direct use of the house. However, his contribution towards the property taxes is limited to a single quarterly tax bill for the last quarter of 2020. 20. Marc wishes to cease contribüting towards the expenses of the house. He wishes the house to be sold and the net proceeds of the sale to be distributed among the parties in accordance with their ownership interests and expenses incurred. 21. Upon information and belief, Edward is unwilling to voluntarily listthe house for sale. 22. Upon information and belief, Courtney is unwilling to voluntarily listthe house for sale. 23. It isneither practical nor economical to partition the house into multiple parcels. There is but one dwelling on the parcel, and the total parcel comprises less than two acres. AS AND FOR A FIRST CAUSE OF ACTION - PARTITION BY SALE 24. Plaintiff repeats the allegations contained in the foregoing paragraphs. property" 25. The house constitutes "heirs as defined by RPAPL § 993 and should be partitioned pursuant to same. Marc understands that his filing of this Complaint pursuant to RPAPL § 993 constitutes an agreement by Marc that his interest may be acquired by the other co-tenant at a value determined by the Court. 26. In additional to his share of the net proceeds pursuant to his 50% ownership interest, Marc is entitled to reimbursement from the net proceeds for his expenditures relative to the house, to the extent his expenditures have exceeded his proportionate ownership interest. WHEREF ORE, Plaintiff demands judgment of partition by sale of the house, together with interest and costs as provided by law, as well as all other relief deemed appropriate by the Court or provided by statute. 6 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 Dated: July 16, 2021 /Jw T / Goshen, New York By: Jacob Tuckfelt, Esq. Blustein, Shapiro, Frank & Barone, LLP Attorneys for Plaintiff 10 Matthews Street Goshen, New York 10924 (845) 291-0011 jtuckfelt@mid-hudsonlaw.com To: Courtney DeDona 174 Newel Street Brooklyn, NY 11222 Edward J. Smith 112 Whitehead Road Sparrowbush, NY 12780 7 of 8 FILED: ORANGE COUNTY CLERK 07/21/2021 02:08 PM INDEX NO. EF005125-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE X MARC SMITH, Plaintiff, Index No.: -against- CERTIFICATION COURTNEY DEDONA, EDWARD J. SMITH, Defendants. X I,MARC SMITH, hereby certify, under the penalties of perjury, that I have carefully read and reviewed the above-captioned Complaint, and that all information contained in that document is true and accurate in all respects to the best of my knowledge and understanding. I further certify, under penalty of perjury, that neither my attorney, nor anyone acting on my attorney's behalf, was the source of of the information colitalized in the annexed deemnent; any and that I understand that my attorney is relying entirely upon the information provided by me and upon my certification that all such information is true and accurate. I further certify that the annexed document includes all information which I provided to my attorney which is rciciañt to such document and that my attorney has not deleted, omitted or . excluded any such aformation. Dated: 7 / / MARC SMITH 8 of 8