HomeMy WebLinkAboutPENNEY, DEBORAHOcs~ lO ~ ~qq ~.
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WICKHAM. WICKHAM & BRE$SLER, P.e.
HAIN ROAD, R.O. BOX 142.4
August 31, 1989
John R. McNulty, Esq.
McNulty - Spiess
633 East Main Street
P.O. Box 757
Riverhead, New York
11901
Dear M~t~.% ~
~ have your letter of August 10,
the delay in answering it.
1989 and am sorry for
There appears to have been some sort of an informal
agreement while Ed Richards was alive, which we do not
believe was carried on after his death. If so, it will be
cancelled as of September 15, 1989.
There is also the problem of the condition of the
floating dock. Mrs. Techet is making arrangements for its
repair and it may have to be pulled out to do so. We would,
therefore, ask that all electrical and water connections be
removed.
We understand that the boat actually belongs to Ms.
Penney's brother.
Very co~dia!ly yours,
WW: jaw
WICK. HAM, WlCKHAM 8: BF~ESSLER, P.C.
Board of Town Trustees
Town Hall
53095 Main ROad
P.O. Box 1179
Southold, N.Y. 11971
Re: Techet v. Penney
Dock at SCTM#1000-144-5-26
August 6, 199
TOWN OF SOUTHOLD
Gentlemen:
An action has been commenced in Supreme Court, Suffolk
County by our client, Joan R. Techet, against Deborah
Penney. I enclose a copy of the Summons and Complaint for
your information and the Town Attorney's information.
I ' L/ [t _
Hubert F. ~ullivan
HFS:ab
#30-techet
"CONSUMER CREDIT TRANSACTi
SUPREME cOURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JOAN R. TECHET, also known as
JOAN RICHARDS TECHET,
Plaintiff,
against
DEBORAH PENNEY,
Defendant.
SUMMONS
Basis of Jurisdiction
Plaintiff is in
Suffolk County
Basis of Venue
Action affects title
to real property
located in
Suffolk County
TO THE ABOVE NAMED DEFENDANT:
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, on the Plaintiff's Attorney(s) within 20 days
afte~ the service of this Summons, exclusive of the day of
service (or within 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: July 1, 1992
Defendant's Address:
DEBORAH PENNEY
No Number Sailor's Needle Lane
Mattituck, New York 11952
WICKHAM, WICKHAM & BRESSLER,
Attorneys for the Plaintiff
Main Road P.O. Box 1424
Mattituck, New York 11952
(516) 298-8353
P.e.
JOhN R. TECHET, also known as
JOAN RICPIARDS TECHET,
Plaintiff,
-against-
DEBORAH PENNEY,
Defendant. :
INDEX NO.
VERIFIED
COMPLAINT
Plaintiff above
attorneys Wickham,
follows:
named, complaining of defendant by her
wickham & Bressler P.C., alleges as
AS AND FOR A FIRST
CAUSE OF ACTION
the Real Property Actions and
claims and title to the real
That this action is brought pursuant to Article 15 of
Proceedings how to determine
property described below
and easement
the yacht basin
paragraph 4 hereof and the riparian docking
rights appurtenant to said real property in
waters upon which said real property abuts.
2. The defendant in this action is known and is not an
infant, or mentally retarded, mentally ill, or alcohol abuser.
3. That any judgment rendered herein will not affect any
person or persons not in being or ascertained as of the
commencement of this action and any person who by any
contingency contained in a devise or grant, or otherwise could
afterward become entitled to a beneficial estate or interest
in the property involved in this action, if such event had
happened immediately before the commencement of this action,
is named as a party hereto.
4. That the real property and the easement, docking and
riparian rights appurtenant thereto which are the subject of
the action, and as to which claims and title are to be
determined herein, are described as follows:
ALL that plot, piece or parcel of
land, situate, lying and being at
Mattituck, Town of Southold, County of
Suffolk and State of New York, known as
and by the easterly one-half of the
private boat landing in front of Lot 9 on
a certain map entitled "Map of Salt Lake
Village, Mattituck, Long Island", prepared
by Otto H. Van Tuyl, C.E., filed in the
office of the Clerk of the County of
Suffolk on May 20th, 1940, as map number
1310.
TOGETHER with an easement of ingress
and egress over the westerly half of said
dock to the Village Dock and Boat Landing
as shown on said map.
AND the appurtenant riparian and
docking rights in the waters of the yacht
basin abutting said easterly one half of
said private boat landing or dock to the
south thereof and lying between the
easterly and westerly boundary lines of
said easterly one half of said private
boat landing or dock extended southerly
into the waters of said yacht basin,
including, but not limited to the right to
keep and maintain a floating dock In such
yacht basin waters.
5. That the waters of the above yacht basin are an
adjunct of James Creek in the Town of Southold, County of
Suffolk, and State of New York, and that such yacht basin
waters are tidal and navigable.
6. That on the 19th day of November, 1945, Frank
Richards, grandfather of the plaintiff herein, was the owner
in fee simple absolute of all of Lot 9 on a certain map
entitled "Map of Salt Lake Village, Mattituck, Long Island"
..prepared by Otto H. Van Tuyl, C.E." filed in the office of the
Clerk of the County of Suffolk on May 10th, 1940, as map No.
1310.
7. That by a deed dated November 19, 1945, Frank
Richards conveyed the above mentioned Lot 9 on the above map
to Florence Frances .Hueglin, except that said Frank Richards
reserved and retained title to the easterly half of the
private boat landing in front of said Lot 9 on said map, and
also reserved and retained an easement of ingress and egress
over the westerly half of said dock to the Village Dock and
boat landing aL shown on said map. The aforesaid deed dated
November 19, 1945, was recorded in the office of the Clerk of
Suffolk County on November 23, 1945, in Liber 2507 of deeds at
Page 338.
8.. That by various further conveyances defendant Deborah
Penney became and still is the owner in fee of Lot 9 on the
above map except for the easterly half of the private boat
landing of dock located in front of Lot 9, and subject to the
easement of ingress and egress reserved by Frank Richards as
stated above, and subject to the riparian and docking rights
of Frank Richards, his successors and assigns, to maintain a
floating dock in and to the waters of the yacht basin adjacent
to the easterly half of the dock or private boat landing
retained and reserved by Frank Richards lying between the
southerly extensions into said yacht basin waters of the
..easterly and westerly boundaries of the said easterly one half
of said dock or private boat landing.
9. That by various further conveyances title ~o the
easterly half of the dock or private boat landing in front of
Lot 9 on the said map, together with the easement, docking and
riparian rights appurtenant thereto, was conveyed to Helene H.
Richards, the mother of plaintiff herein, who is now deceased.
10. That on January 19, 1989, Helene H. Richards died
testate and a resident of the State of North Carolina, and
that on July 24, 1989 the Last Will and Testament of Helene Ho
Richards, deceased, was admitted to ~cillary Probate by the
Surrogate's Court of the County of Suffolk, State of New York.
11. That under the aforesaid Will of Helene H. Richards,
deceased, the easterly half of the dock or boat landing on Lot
9 of the said map, together with the easement, docking, and
riparian rights appurtenant thereto, was devised to the
plaintiff herein.
12. That pursuant to the aforesaid devise in the Will of
Helene Ho Richards, deceased, Louis C. Mitchell and M. Bradley
Blalock as executors of the Last Will and Testament of Helene
H. Richards, deceased, by a deed dated August 14, 1991 and
recorded in the office of the Clerk of Suffolk County on
September 16, 1991 in Liber 11334 of deeds, Page 130, conveyed
to Joan R. Techet, plaintiff herein, the easterly half of the
private boat landing in front of Lot 9 on the Map of Salt Lake
.Village, together with an easement of ingress and egress over
the westerly half of said private dock to the Village Dock and
Boat landing, which conveyance includes the appurtenant
riparian and docking rights in the waters of the yacht basin
abutting said easterly one half of the said private boat
landing or dock to the south thereof and lying between the
southerly extensions, into the waters of said yacht basin of
the easterly and westerly boundaries of said easterly half of
said private boat landing or dock, including, but not limited
to the right to keep and maintain a floating dock in such
yacht basin waters.
13. That by reason of the foregoing, plaintiff is the
owner in fee simple of the easterly one half of the said dock
or private boat landing in front of said Lot 9 on said map,
together with the easement of ingress and egress to and from
the same over the westerly one half of the private boat
landing or dock, and together with the riparian and docking
rights appurtenant thereto in the yacht basin waters adjacent
to plaintiff's easterly one half of said dock and private boat
landing to the south thereof and lying between the southerly
extension of the easterly and westerly boundaries of said
easterly one half of said private boat landing or dock into
the waters of said yacht basin, as the owner of the upland
real property abutting said yacht basin waters, and by virtue
of said appurtenant riparian rights plaintiff has the
exclusive right to maintain a floating dock in said abutting
..yacht basin waters.
14. That plaintiff, pursuant to her riparian rights and
pursuant to permits granted by the U.S.Army Corps of
Engineers, the State Department of Environmental Conservation,
and the Town of Southold Trustees, has maintained a floating
dock in the above described yacht basin waters abutting
plaintiff's easterly one half of the private boat landing or
dock, secured to pilings placed in the said abutting yacht
basin waters by plaintiff's predecessors in title.
15. That defendant claims to be the owner in fee of the
easterly half of the dock or private boat landing in front of
Lot 9 on the map of Salt Lake Village and claims the right to
keep her own floating dock secured to plaintiff's pilings,
within the yacht basin waters adjacent to plaintiff's half of
the private boat landing or dock in front of said Lot 9, and
lying between the southerly extensions into the yacht basin
waters of the easterly and westerly boundaries of plaintiff's
easterly one half of the dock or boat landing in front of Lot
9.
16. That when plaintiff removed her floating dock from
the above described yacht basin waters for the winter,
defendant wrongfully and tortiously placed her own floating
dock in the waters of the yacht basin adjacent to plaintiff's
easterly one half of the dock or boat landing in front of Lot
9 at the location where plaintiff's floating dock was, and
..secured the same to plaintiff's pilings in the water.
17. That defendant claims the right to keep her own
floating dock located in the above described waters of the
yacht basin adjacent to plaintiff's real property, which
waters are subject to plaintiff's exclusive riparian rights to
keep and maintain a dock therein.
18. That defendant's unlawful placing of
dock in the waters of the yacht basin in which
exclusive dock maintenance rights, and
floating dock to plaintiff's pilings,
from putting her own floating dock in
adjacent to her property.
her floating
plaintiff has
defendant securing her
have prevented plaintiff
the yacht basin waters
19. That plaintiff has been seized of the easterly one
half of the dock or boat landing in front of Lot 9 on said
map~ and the appurtenant easement, docking and riparian
rights thereto~ within the 10 year period preceding the
commencement of this lawsuit, as required by Section 212,
paragraph a,
20. Plaintiff has no adequate remedy at law.
AS AND FOR A SECOND
CAUSE OF ACTION
21.
contained
with the
Plaintiff repeats and realleges each and every item
in paragraphs hereof marked 1 through 20 inclusive,
same force and effect as though the same were again
set forth at length.
22. That defendant in wrongfully placing her floating
doCk in plaintiff's riparian waters as aforesaid has committed
and still commits a continuing trespass against plaintiff's
exclusive right to maintain a floating dock in said riparian
waters.
AS AND FOR A THIRD
CAUSE OF ACTION
23. Plaintiff repeats and realleges each and every item
contained in paragraphs hereof marked i through 22 inclusive,
with the same force and effect as though the same were again
set forth at length.
24. That defendant's floating dock, secured to
plaintiff's pilings and placed within the yacht basin waters
in which plaintiff has exclusive riparian rights to maintain a
floating dock, constitutes an unlawful encroachment upon and
interference with plaintiff's exclusive riparian right to keep
and maintain a dock in such riparian yacht basin waters
abutting plaintiff's easterly one half of the private boat
landing or dock in front of said Lot 9.
AS AND FOR A FOURTH
CAUSE OF ACTION
25. Plaintiff repeats and realleges each and every item
contained in paragraphs hereof marked 1 through 24 inclusive
with the same force and effect as though the same were again
set forth at length.
26. That the defendant's floating dock, in its present
location secured to plaintiff's pilings in plaintiff's
riparian waters, in violation of plaintiff's exclusive
riparian rights to keep and maintain a dock in the yacht basin
waters adjacen5 to plaintiff's real property, constitutes a
continuing nuisance maintained by defendant.
WHEREFORE, plaintiff prays for judgment against defendant
as follows:
a) That defendant herein and any person claiming
under defendant herein be forever barred from all claim to any
estate or interest in the real property described in paragraph
4 hereof or in the appurtenant easement of ingress and egress
to and from said real property, or in any of the docking and
riparian rights appurtenant to said real property in and to
the waters of the yacht basin adjacent to said real property
to the south thereof and lying between the southerly extension
into said yacht basin waters of the easterly and westerly
boundary lines of said real property belonging to plaintiff,
and that plaintiff be declared to be the owner in fee simple
of such real property, together with its appurtenant easement
of ingress and egress, and that plaintiff be declared to have
the exclusive appurtenant riparian right to keep and maintain
a floating dock in the waters of the yacht basin abutting said
..real property on the south and lying between the southerly
extension into said yacht basin waters of the easterly and
westerly boundary lines of said real property.
b) That defendant be permanently enjoined from
placing or keeping any dock in the yacht basin waters abutting
plaintiff's real property described in paragraph 4 to the
south thereof lying between the southerly extensions into said
yacht basin waters of the easterly and westerly boundary lines
of plaintiff's real property described in paragraph 4 hereof.
c) That defendant and all persons claiming under
defendant be further permanently enjoined from mooring or
docking any boats in, or otherwise trespassing upon any dock
which plaintiff may place in the water of the yacht basin
abutting plaintiff's real property on the south and lying
between the southerly extensions into said yacht basin waters
of the easterly and westerly boundaries of plaintiff's real
property described in paragraph 4 hereof, or trespassing on
any part of the easterly half of the private boat landing in
front of Lot 9 on the Map of Salt Lake Village.
d) That a mandatory injunction issue herein
directing defendant to remove her encroaching floating dock
from the yacht basin waters abutting plaintiff's real property
to the south and lying between the southerly extensions into
said yacht basin waters
lines of plaintiff's real
hereof, and abate the
encroaching floating dock.
e) That
different relief in
proper and ~ust, and
f) That
disbursements of
of the easterly and westerly boundal~y
property as described in paragraph 4
nuisance created by defendant's
plaintiff be granted such other and
the premises as to the court shall seem
paintiff be awarded the costs and
this action.
Dated: Mattituck, New York
July 1, 1992-
WICKHAM, WICKHAM & BRESSLER P.C.
Attorneys for Plaintiff
Office & p. O. Address
Main Road Box 1424
Mattituck, New York 11952
(516) 298-8353
techetco:90
~ [] ^~om~s state that I am
alhrmabon the attorney(s) of record for in the within
acnon: [ have read the foregoing and know the contents thereof:
the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters
[ believe it to be true. The reason this verification is made by me and not by
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
I affirm that the foregoing statements are true, under the penalties of perjury.
STATE OF NEW YORK. COUNTY OF SU FOL '
~oanKBichards Te~:e t
1, Joan R. Tether, also known as_/ oe~nguuly sworn, depose and say: I am the Plaintiff
~ [] Wri~m~o~ndiv~aual in the within action: 1 have read the foregoing Summons and Complaint
~ and know the contents thereof: the same is true to my own knowledge, except
§ as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.
~ a corporation and a party in the within action: I have read the foregoing
except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe it to be true. This
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
Sworn to before ~ne ,on July
STATE OF NEW~ORK, COUNTS; OF
1.
of age and reside at
On 19
? 19 92
.ROB ERTA F. JAKLEV1C
Notary Public, State of NewYot*k
Joan R. 4ff&e~e~[, ~JJ~o ~nown as
Joan Richards Techet
{~t0~l'~i~sion Exp res 7/27/19~ "~eing sworn, say: I am not a party to the action, am over 18 years
I served the within
[] servlc~ by depositing a true copy thereof enclosed in a post-paid wrapper, in an official depository under the exclusive care and
uvua, custody of the U.S. Postal Service within New Yoxk State, addressed to each of the following persons at the last known
address set forth after each name:
Persona by delivering a true copy thereof personally to each person named below at the address indicated, I knew each person served
[] s~ceon, m~,ua to be the person mentioned and described in said papers as a~arty therein:
by transmitting the papers by electronic means to the telephone number listed below, which number was designated bjv the
[] [[0¢tt0m¢ attorney for such purpose. I received a signal from the equipment of the attorney served indicating that the transmission wa~
M~,~ received. I also deposited a true copy of the papers, enclosed in a post-paid wrapper, in an official depository under the
exclusive care and custody of the U.S. Postal Service. addressed to the attorney at the address set forth after the name:
eve/mgm by depositing a true cooy thereof, enclosed in a wrapper addressed as shown below, into the custody of
se~ce for overnight delivery, prior to the latest time designated by that service for overnight delivery.
Sworn to before me on
19
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