On June 11, 2021 a
Party Statement
was filed
involving a dispute between
Donald Duksa,
Elizabeth Duksa,
and
The Essell Farms, Llc,
for Real Property - Other (Article 15)
in the District Court of Columbia County.
Preview
FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
__-....._________.._..__ ___ ___________
DONALD DUKSA and ELIZABETH DUKSA,
Plaintiffs, AFFIDAVIT OF MERIT
-against-
THE ESSELL FARMS, LLC, Index No.: E012021016934
Defendant.
______________________________________________________..__________
STATE OF NEW YORK )
) ss:
COUNTY OF COLUMBIA )
Donald Duksa, being duly sworn, deposes and says:
1. I am a plaintiff in this action. I make this affidavit of facts pursuant to CPLR
3215(f).
2. This action was brought pursuant to Article 15 of the Real Property Actions and
Proceedings Law to compel the determination of claims to the real property hereinafter described.
In sum, when we deeded our farm to the defendant, we erroneously included a small parcel with a
house on it in the deed. After this deed, we continued to receive and pay all tax bills and rented
the home. In sum, it remained ours. We only became aware of the error in the deed when we
sought to sell the home, and were then informed of the mistake.
3. Plaintiffs, at all times, were and now are the owners of the premises described in
"A"
Schedule of the complaint, commonly known as 1804 County Route 7, Town of Ancram
Columbia County and State of New York, and identified on the tax rolls of the Town of Ancram
as Parcel No. 197.-1-18.
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1 of 3
FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021
4. Plaintiffs obtained title to said property by deed dated September 12, 2014 and
recorded in the office of the Columbia Clerk on November 18, 2014 in Book 796 of
County
"C."
Official Records page 1464. A copy of the deed is annexed hereto as Exhibit
5. The premises are occupied by a tenant that my wife and I rented the home to. This
tenant is not a defendant and claims no interest in the premises.
6. The estates and interests claimed or which may be claimed by the above-named
defendant in the premises described herein, and any and allliens and encumbrances thereon which
ever existed, were claimed and may be claimed in favor of the defendant, including estates and
interests claimed or which may be claimed by itby virtue of the instruments and facts hereinbefore
plaintiffs'
set forth are, upon information and belief, based on conversations with attorney, barred,
cut-off, ineffective and invalid as against the titleand interest of the plaintiffs in and to the real
property described herein because the corrective deed erroneously included the Property in the
convenance which was not the intention of any party to the deed, and based upon the facts
contained in the complaint.
7. Upon information and belief, the defendant is not an infant, mentally ill, or
plaintiffs'
incompetent, or alcohol abuser, except as set forth in the annexed affirmation of
attorney.
8. Based on a titlesearch conducted on behalf of the plaintiffs and other research our
counsel performed, there are no known persons not in being or ascertained at the commencement
of this action, who by any contingency contained in a devised or otherwise, could afterward
become entitled to a beneficial estate or interest in the property involved in this action, and a
judgment rendered herein adjudging plaintiffs to be vested with an absolute and encumbered title
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FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021
.
.
in fee simple will not affect such person not in being or not ascertained at the time of the
commencement of this action.
9. No personal claim ismade against the defendant to this action except ifdefenderd
shall.
assort a claim, adverse to the claim of the plaintiffs. The defend s did.cot appear herein
and thusno claim ismade against it.
WHEREFORE, I respectfúlly request that the Court gmnt and enter the ennexed
judgment in thisaction.
DONALD DUKSA
S orn to before this
Z__ day ofJuly, 2021
Notary Fublic
JOHN M, BOP P JR.
Notary Public,State of New York
Qualified.inDutchess County
Reg. No. 01B06409809
My Commission Expires 10/S/20Ú
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3 of 3
Document Filed Date
July 27, 2021
Case Filing Date
June 11, 2021
Category
Real Property - Other (Article 15)
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Preview
FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA __-....._________.._..__ ___ ___________ DONALD DUKSA and ELIZABETH DUKSA, Plaintiffs, AFFIDAVIT OF MERIT -against- THE ESSELL FARMS, LLC, Index No.: E012021016934 Defendant. ______________________________________________________..__________ STATE OF NEW YORK ) ) ss: COUNTY OF COLUMBIA ) Donald Duksa, being duly sworn, deposes and says: 1. I am a plaintiff in this action. I make this affidavit of facts pursuant to CPLR 3215(f). 2. This action was brought pursuant to Article 15 of the Real Property Actions and Proceedings Law to compel the determination of claims to the real property hereinafter described. In sum, when we deeded our farm to the defendant, we erroneously included a small parcel with a house on it in the deed. After this deed, we continued to receive and pay all tax bills and rented the home. In sum, it remained ours. We only became aware of the error in the deed when we sought to sell the home, and were then informed of the mistake. 3. Plaintiffs, at all times, were and now are the owners of the premises described in "A" Schedule of the complaint, commonly known as 1804 County Route 7, Town of Ancram Columbia County and State of New York, and identified on the tax rolls of the Town of Ancram as Parcel No. 197.-1-18. 1 1 of 3 FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021 4. Plaintiffs obtained title to said property by deed dated September 12, 2014 and recorded in the office of the Columbia Clerk on November 18, 2014 in Book 796 of County "C." Official Records page 1464. A copy of the deed is annexed hereto as Exhibit 5. The premises are occupied by a tenant that my wife and I rented the home to. This tenant is not a defendant and claims no interest in the premises. 6. The estates and interests claimed or which may be claimed by the above-named defendant in the premises described herein, and any and allliens and encumbrances thereon which ever existed, were claimed and may be claimed in favor of the defendant, including estates and interests claimed or which may be claimed by itby virtue of the instruments and facts hereinbefore plaintiffs' set forth are, upon information and belief, based on conversations with attorney, barred, cut-off, ineffective and invalid as against the titleand interest of the plaintiffs in and to the real property described herein because the corrective deed erroneously included the Property in the convenance which was not the intention of any party to the deed, and based upon the facts contained in the complaint. 7. Upon information and belief, the defendant is not an infant, mentally ill, or plaintiffs' incompetent, or alcohol abuser, except as set forth in the annexed affirmation of attorney. 8. Based on a titlesearch conducted on behalf of the plaintiffs and other research our counsel performed, there are no known persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devised or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved in this action, and a judgment rendered herein adjudging plaintiffs to be vested with an absolute and encumbered title 2 2 of 3 FILED: COLUMBIA COUNTY CLERK 07/27/2021 11:27 AM INDEX NO. E012021016934 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/27/2021 . . in fee simple will not affect such person not in being or not ascertained at the time of the commencement of this action. 9. No personal claim ismade against the defendant to this action except ifdefenderd shall. assort a claim, adverse to the claim of the plaintiffs. The defend s did.cot appear herein and thusno claim ismade against it. WHEREFORE, I respectfúlly request that the Court gmnt and enter the ennexed judgment in thisaction. DONALD DUKSA S orn to before this Z__ day ofJuly, 2021 Notary Fublic JOHN M, BOP P JR. Notary Public,State of New York Qualified.inDutchess County Reg. No. 01B06409809 My Commission Expires 10/S/20Ú 3 3 of 3