Curtis v Phillip

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Curtis v Phillip 2018 NY Slip Op 33974(U) September 17, 2018 Supreme Court, Dutchess County Docket Number: 52674/16 Judge: Maria G. Rosa Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 [FILEDi NYSCÊF RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY CLERK 09/17/2018 : 19 03 INDEX PM| 98 RECEIVED SUPREME COURT OF THE COUNTY NO. 2016-52674 NYSCEF: 09/17/2018 NEW YORK STATE-OF DUTCHESS OF Present: Hon. Maria G. Rosa Justice WILFRED ROBERT EN BLANC and EN BLANC CURTIS, 5580, LLC 1190, LLC, AND DECISION AFTER Plaintiffs, -against- Index JUNITA SASHA a/k/a PHILLIP KING ORDER INQUEST No. 52674/16 TD BANK, and Defendants. An inquest agreed that the New Brooklyn, undue Defendant also NY an IRS February 2016 entitled En Blanc The York for in order purchase. to use the liability the Department the both use expired parties of the in April rest §1031 limited the real Brooklyn in an LLC held to the of which control intojoint 2016. June j at 155 Duane estate companies liability Mishael subject as a result in or about he sold Avenue, ad litem, and ownership parties Bedford was ("Defendant") sole subject guardian ("Plaintiff") occurred 2015 originally but Defendant's and that obtained he intended that of the proceeds Revenue alleges subject two that claims and was exchange claims Internal of Taxation Plaintiff that He King This November set up Curtis underhis of survivorship. and alleges also Plaintiff to Sasha as 1190 his the inquest the for was property he established for Street, purpose of purchased in this purpose LLC. 1190, IRS a/k/a in or about $3,521,134.84 plaintiff an additional property rights through Robert an LLC from known Brooklyn Wilfred of the In advance Plaintiff, JunitaPhillip exchange. §1031 in property incapacity, that claims 13, 2018. of $28,000.00. $7,000,000.00 for effecting with on June real the sum the subject with York, the of the defeñdänt, influence Plaintiff New and held was due to his mental Plaintifftransferred tenancy matter concerned York that alleges Pine, in this issues Finance in or about Orders property of the sale of the that the defendant claims influence Service in the in the sum November of Protection in Brooklyn,1to a second to purchase of Street $727,784.51 to him and so as to effect property him convinced caused thereby sum Duane to make not incur to New in Staatsburg, property that tax un-necessary the New York State physically and of $291,640.62. the 2016 against each I igtiff's of 2018. 4 of 13 defendant other. exclusion. attacked It was him Defendant That Order who of retained Protection [*FILED: 2] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 F I LED NYSCEF : RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY 2F), subject 2B, 3F), to from not be wise court cannot find the Ms. was property. property lien sum due. in which that it is also Plaintiff In engagement the impediment reasons and $448,800.00, tax bills not complete was due acknowledged in her of the on incurred Staatsburg to the was but property price sought, this the sole basis City in tax total the by twice bill of $376,800.00 the rent $72,000.00 seeking $3,290.30, a third $2,500.00. is erroneously Plaintiff subject of $48,809.14, Since sum Brooklyn in the for lien approximately store. defendant's reimbursement. Board and the for interest Plaintiff's although behalf expenses Water of $1,600.00 the Plaintiff's the of Finance rent for property the for the for would have calculating the 4A (aka 4F) the unit the that ... I will note from from Mishael T-H-A, Jones, in counselor, be prejudice also Pine, there if the certain the proposed was the wasn't defendan that procedural were arguments Daras, there to and an order had he arguments denied of the directing by Order to Show MD, D-A-R-A-S, an Affidavit from Memorandum of an affirmation w°ere 5 of 13 put on that notice Cause there Talitha, stated of the an T-A-L-Iand Law, that while there proposed been claiming there was just court the as follows: with Michael addition return below, premises indicated attorney made Those including that they engaged. plaintiff. inquest. day claiming are no longer as explained the subject defendant's He since and him, to vacate by the plaintiff to the deferidant $28,000.00 plus the inquest, with record against to the back given ring influence Defendant directing Affidavit would York bills of the engagement Affidavit technically, of which out the influence paying to preserve Department the rent seeks of Court: an (aka was defendant payments and expenses uncollected an adjournment. for on the "The was the the purchase Defendant's rent no a New seeking for as compared that payments City undue to proceeding set forth rent of her the morning asked received $72,000.00 counting an order to deed On the retained floor 2A 09/17/2018 exchange. insurance not return Plaintiff ring, defendant 2016-52674 resides. product sum, presented York for Plaintiffis seeks the on the first NO. NYSCEF: to as Apartments exchange of theproperty $170,872.50, Merrimack is double that to pay aNew damages Defendant Plaintiff has an additional plus While opinion 1031 the §1031 her evidence had of lien and a store defendant the the IRS plaintiff. value those has of$393.39, expenses, unit ofthe collecting seeks units the actual attorney, a tax Plaintiff the the Pine of $315.77, residential covered an Ms. including water bill INDEX PM) referred is also against that the plaintiff upon allegedly Instead, another water : 19 03 apartments There damages to complete also 4B. the reason over with failure Pine, Defendant that on the basis plaintiff's residential and 4F) influence based six seeking court she shared that would for / 2 018 business. longer this undue Defendant's testimony retail is no a ruling 4A (aka 3B, her runs Plaintiff includes property 3A (aka defendant seeks 0 9 /17 RECEIVED The the CLERK 98 for an the [*FILED: 3] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 |F I LED NYSCEF : RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY CLERK 0 9/17/2018 03:19 INDEX PM| 98 RECEIVED temporary Dr. the what Daras, Memorandum granting, of it was not I know new matter, defendant, with she was pro in excess of 30 P.C.] That January scheduled plaintiffs' the that counsel was Appointed Defendant had November 20, 2017. had another and Ms. a compliance and here, conference conference was May that application was denied.I counsel which appeared that we're here here represented again set for have sides from today. say at the very least long been waived was has occasions never opportunity both any such pro time the by se and objection to participate the with made. i h°e to 6 of 13 Ms. lack different I have tried in this Phillip 28, 2017, and now 5, 2018 of or I have Ms. on and attorneys, to give case. service appeared She's defendant. the and conferences March to was venue,and other several eŸense There sometimes object set schedule adjusted multiple and appeared Defendant to change moved Plaintiff notes 20, set for date 2017. were an granted. was discovery dates was G-L-O-V-I-N, Glovin, December discovery 2017. it by counsel. an amended was in an action there Court a further as had she that that here, here was and and answer on was was Pine indicated K-A-L-M-O-N, There again else anything every the was a discovery Pine Ms. 19, 2017, se, and those dates include January - April no, sorry, 27, 2018, February February I would numerous there strike our and conference in my notes I have Ms. Polanco, here Mishael see. and counsel depõsitions a compliance date for again [Jose was to setting plaintiff There and to include plaintiff the Phillip [sic] pro before So, 31, both for the again was and held was Kalmon, again. next at to appear. Mare - - let's who the matter 2016, counsel the did to obtain 20, regard in this Cause. as Ms. opportunity with was 2016 and to proceed County. Plaintiff conference another to here was made to represent moved failed attorney Pine for to Show I adjourned a Ms. was of why by Order 16*, plaintiff's There in Orange plaintiff that There Guardian an attorney pending Answer, the December much background to proceed counsel. the the said, and counsel by supposed here. a brief November for was and, inquest 1 of both sides, and 5th of 2017. On that February to hire was was February for Court planned order to give in to warrant as you NYSCEF: of including counsel by sufficient TRO, Phillip and her, discovery 3 1 and Ms. was of the for looking day. for conference preliminary Bank on that and with schedule. TD conference present was on to give days that commenced counsel Affidavit, underscored today's It was se but set a preliminary here but just defendant indicated Phillip case, action. appeared then I just to postpone is a 2016 this that I did, - - to this that the from and I found and yourapplication Plaintiff and and extent granted, you're I denied were concerns Law of to the limited clear it was orders restraining Phillip given NO. her 2016-52674 09/17/2018 [*FILED: 4] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 FILED: NYSCEF DUT DOC. RECEIVED NYSCEF: 09/17/2018 CHESS COUNTY CLERK 09/17 03:19 / 2 0 18 INDEX P1 98 NO. RECEIVED numerous adjourñiiients in a position and this happcñêd, I just his think that in day to obtain to be without and counsel. is now there's I believe to prevent no really she found time various were scheduled to continue that Each and there counsel, inquest it is unfair court new why that time, and from basis 09/17/2018 herself reasons legitimate 2016-526 NYSCEF: for the third the plaintiff NO. having to postpone it again. So, I understand you're were retained, when you and scheduled, Although that Plaintiff June I3, the discussed herein. Summons and Complaint affidavit of on service file In fact, at 50 Market Street, asserts Summons Poughkeepsie, New with out filed was and of the facie case of service November in family claim transcript the a prima Complaint York, Defendant's no affidavit that Summons The an inquest so and made but retained, was is not clearly the of just disagreed that case, incorrectly it was. service indicates court Plaintiff attorney filed. was this facie claim. that Defeñdant's Further, the defendant upon belies that a prima were you there took..." you chance claims on told Phillip the attorney you position, Ms. that's know, to put proceedings sure I'm defendant's an obligation had 2018 you in a difficult 2, 2016. made was court as of the The personally on November 14, 2016. The plaintiff's father's deteriorating the of end was soon as his Ms. that Jones caretaker. daughter Talitha state throughout to his that time long the plaintiff, Ms. Ms. to daughter, physical father to 155 Duane New Street, Ms. $180,000.00. was testified estranged did not and grandson but see each involved foreclosed a 1031 making The Supreme other came romantically 20I5. father, plaintiff Dr. had hired and the the that It she defendant, defendant became pregnant be at Daras. Michael to her described She testified claimed defendant the who Jones, neurologist, her the Jones, Jones, handles 2015 frequently. with others then. present She recalls Jones' to Ms. City for property she and that selling and Ms. that he were kept with were in regular for dinner. the New Jones York was building concerned about although the defendant they and her son and the plaintiff were the tax were becaúse the in gains. she and her father when defendant he was price capital about commüñicatión 2015 The City times said purchase The concerned on Thanksgiving house the plaintiff $7,000,000.00. thatthere they 2015 Thanksgiving acknowledged to the He was York in or about N.Y. testified Jones Ms. from by New liens capital gains by the Orange issue and exchange. plaintiff's Court that that York, Jones On cross-examination who and learned According plaintiff's his selling being Plaintiff's child. The were her According involved. Plaintiff's was financial, she took 2015 September romantically 1988 emotional, thereafter thought witness first second as a guardian financial witness ad litem matters, real was Pine Misbael for the plaintiff estate, taxes banking, 4 4 of who pursuant 10 7 of 13 was appointed to Article and some 8 1, Ms. medical Pine County is an attorney documents for the 4 [*FILED: 5] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 FILED NYSCEF : RECEIVED NYSCEF: 09/17/2018 DUTCHES DOC. NO. has the understand account she put dealt state and all funds and attorneys, information reviewing the With and put half into With rights use and court Intention to Sell and is a check the New York Ms. York wrote Department to the N.Y.C. checks evidence 2018. In cover taxes of Finance. on the property Exhibit 12D 12G in evidence received prior payments payments and York Environmental City then was is a check through December 31, Exhibit out from Water bill and wrote 2018, Notice again 12F in evidence the Bureau Board bills $150.00. in the gngf claintiff. 8 of 13 of 12A 26, June on of the and to the New is a tax to Sell bill is the 2018 of Customer which include Exhibit 12H $315.77 which Service the Ms. Notice of She 12A to notice, are the Plaintiff's for York on March 16, $48,809.14 to Department City Water issued Liens from the New tax lien removal York and includes also by City notice. payments as proofthat $3,290.30 Pine the which one prior sale $393.39 in evidence paid of Finance. tax 2018 11, and as Exhibit as 12B and 2018 of Intention in evidence 12E Exhibit as part Pine Ms. because 2018 on February is a 60-day of $100.00 20, rent of the plaintiff. In evidence of Finance. the Department City Department on behalf payrnents as that 2017 is a 90-day by the N.Y.C. making had on at least York 12 in evidence issued collect he in names 15, raised to the New last to Ms. was that of happen. Defendant's units, Pine half was property rent, was Ms. other not agreement other liability According the get did on November This went that the tax the the the of not search Exhibit Department $3,290.30 for the and exchange and which and rest did Pine In evidence 12C Protection Ms. on February of Finance. that of property. began the and $170,872.50 for on officers LLC survivorship. of the out a title bills. tax notice which Board is the print processed based bank to put but in Plaintiff's Curtis did present. $48,809.14. and Mr. she of the Pine in evidence for that parties of Finance. of Finance Department Exhibit as Exhibit credible about intended testified rights rent on the Brooklyn notices Board Water Department the N.Y.C. for his of the all so has incurred property, understanding and that and liens and daughter, to gather 1190, in St. Lucia, Pine with Her testified Ms. Water City Pine City Water security, to do a 1031 going exchange Brooklyn the property to put was the plaintiff Ms. tenants property owed both to get 12, 2018. February the New with arranged Tax 2016 Pine was $158,000.00 the that property, as joint property, 09/17/2018 and accounts his with sitting assets the social accomtsets, 2016-52674 NYSCEF: multiple En Blanc 1031 or a property survivorship. Ms. marshal his pension, and through the toward go N.Y. commercial Brooklyn in open It is dated the to banks property She testified Brooklyn of his him, the plaintiff complete not in June with property, couldn't names made property. that occasion the to spoken Brooklyn did is to to know the plaintiffhad Pine, by going Street the and NO. records.. in Staatsburg, Defendant's was and learning. a property on the of Finance of the INDEX Pld responsibility liabilities to Ms. including but that now only could the revealed were 0 3 : 19 storage units and personal bel0ñgings Jones' Ms. and found her credibility assessed into LLC and has records, 155 Duane funds with She research to the respect tenants manage own 5580, the transfer expenses his She Her According s accounts the and defendant paid / 2018 doctor.. s assets account. searched her was into Plaintiff's joint one plaintiff to she money Pine into Blanc respect testified information. of the proceeds En current his asset regard half with needs. she up with the 0 9 /17 of the plaintiff has following with CLERK RECEIVED and plaintiff bank COUNTY S 98 paid $393.39 the New on behalf [*FILED: 6] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 (FILED: NYSCEF RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY to the testimony $1,800.00 is per and the defendant's first floor. has been to Ms. April 15 in evidence 2016 and shows On Onofrey she pays herself that ad dealing Ms. litem, with and tax financial and records that and short information Blanc, Ms. already was She also that Ms. after that Pine I190 Ms. in 2015 and En Blanc Bedford Avenue. LLC testified for En was which with Blanc he owned respect 1190, to buy did LLC not The plaintiff by Plaintiff at 5530 was plaintiff's and En Blanc 6 6 of 10 9 of 13 other, of a 1031 child the at the Albany with his out" and so she fmds With 2016 his respect from deed about. 5580 was Post Albany exchange he buy One but not. did in St. the property why. a brain "was June she learned The plaintiffthat know is "in the defendant. that as part that property, reviewed man. the the to get attorneys, She intelligent Road. to the suggesting to the LLC Post his is stable to void and properties Albany going 1190, formed seeks plaintiff said and As the the plaintiff memory a very and Staatsburg witness this long to the plaintiff two was She term owner that further with testified arrangements living providers. in the rent. the maintaining Plaintiff, care files. his his the that with Pine she is a joint testified from bills has been Ms. his assets, accounting She pays is collecting Pine health his read that as 5530 that to that door Pine happen with he is an attorney was defendant 5580, and but were the testified Blanc next property not did units great known the plaintiff Ms. she talked the property there plaintiff and door purchasing En started by next that the issues. of May submitted her defendant including the Exhibit accounting since bills and marshaling and The person 29, June May, of2016. approves the building. building Plaintiff's plaintiff testified Pine of the the litigation that transferred testified Pine confirmed but Lucia Ms. property half of for of the is not memory maintain paying members She testified help including storage to his which owned Road, picture went reliable. LLC dealing and per month. 4A through account". insurance. 4A on the on February June by a monthly and for 4B. if the Judge and rent the store in April, Apartment Apartment she is paid and May, for month sewer rents been April, 09/17/2018 in Apartment 2A 2B 2016-52674 Apartment the of $6,000.00 Apartment to as "guardianship manager with family term Brooklyn to the at least property and physical and his water, the is responsible Pine withhis referred at a total for for occupies for Apartment for Kelson Todd matter, to be the per that testified Pine 3A NOT NYSCEF: month; lives business times of 2016 per the defendant March, $3,000.00 to collect have four the rent property, $2,000.00 and 2B for August the taxes, Plaintiff's issues accountants, health was is supposed care health full and plus is $2,200.00 Apartment3A funds for should and guardian his 2016 $2,300.00 Ms. account defendant there and INDEX PM defendant's 2A, 6, 2016; in that plaintiff's The and June through counsel from since the lives En and guardianship building month 4B. apartments payments these per 2B 3B is empty; collected for cross-examination to Judge the 03:19 at the subject Apartment Apartment for 3, 2016 $2,400.00 $3,000.00 for month; collected May and rent in Apartment Plaintiff Pine 2, 2016, of 2016, July per son lives Rent According and / 2 0 18 the rent regarding the month; is $2,200.00 Apartment3A 2016, 0 9 /17 RECEIVED According 2A CLERK 98 sole same Post three 5580, of Ms. member time formed Philip", and of that LLC. was intended shortly for the Road. TD Bank LLC. accounts The En including Blanc 1 190, those LLC [*FILED: 7] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 fFILED NYSCEF : RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY account closed. was Plaintiff's the to CPLR his daughter, general and had poor His gait was response. was of Michael that given and Daras the test again but on causing Dutchess appointment of apnea could Curtis him accused loss the of his Daras only records he was he received him, is not Mr. and wh Dr. getting one out results were some "His trial in learning Dr. that Daras Mr. brain, in detail opinion his to on that before to the on to describe gave were testing. related able impaired. weakness the his again him exainination during went reported and chief a small produce enough of the reported the these tests types given woman Daras. 10 of 13 problems in the brain Dr. again words. he a CT e same had oxygen. he was it was memory and adenoma additional three that were complaints pituitary that that indicated s The Daras in he was saw functions problems had may evaluated Daras testing. Curtis' Mr. Curtis He time Dr. slow was him suddenly. He remember when test. also He gave them. He 2015 having in the ankles. balance. at which also Daras 7, 2016. explained, that 22, 2015 was tachycardic, repeat to of the video Daras not necessity testified reflexes his him retention Dr. the Daras difficulty. to structural feet. brain consciousness. where of attacking Dr. in to keep cognitive was Dr. of time, on June the 1, 2016 Hospital, that with as Dr. which, periods due tests. a period again 30, memory poor had on his brain. numbness November confirmed Curtis over some Curtis was of those Curtis and Mr. loss of alcohol reliability occur apnea sleep Northern Mr. the asking with and some Mr. Pursuant Daras. excessively, neuropsychological level and numbers, and 21 of the transcript 24). memory saw Mr. girlfriend Daras effect neuropathy, during memory the Daras obstructive because words, for him by bills. on September and absent apart September in the given at a high 23 and feet words on again (Page and sweating his contributed without Dr. including in his feet although it, referred lines and three do words were cognitive problems Dr. three with times accounts, Plaintiff's of Dr. party any 2016. Mr. Curtis of memory was complaining Curtis' that Mr. alcoholism. He testified to Mr. shaking those solely testimony by withdrew It is undisputed to pay 3117[a][4]). several sensation to walk him impaired". of he was to Curtis Mr. having M.D., the and age, able functions recall that were telling the of after Daras, of cognitive loss out completely delayed of be used Daras. to Dr. funds solely of that (CPLR him decreased he had was saw Daras 11, 2015 Curtis' of Mr. concluded Curtis' Curtis two November and so that consisting Mr. Dr. only memory He had accounts may the tremor not well, was wide-based him attributed coordination. that brought Daras appearance He saw in 2004. Jones, Dr. test a memory testified record his patient a tremor. doctor circumstances. were plaintiff, said and transcript deposition or special Ms. to use of a medical deposition to the belonged in of $20,000.00. claim 09/17/2018 Ms. as of October, $398,000.00 2016-52674 NYSCEF: defendant the NO. accounts. those of $398,000.00 the Plaintiff's for that testified Of into deposited sum restrained. authorized the video unavailability became loss and Curtis' was also in the total is the basis Bank 15 were Pine Ms. ultimately at TD held the Phillip. which Defendant Curtis some INDEX PM 037-19 as Exhibit at TD Bank were offered 3117, of showing Ms. by recovered that Plaintiff when done the accounts $398,000.00 and in evidence checks accounts was Plaintiff, Mr. was from Bank $378,000.00 that The this funds TD The 0 9/17/2018 RECEIVED believes Pine CLERK 98 the had Mr. that to a local brought Dr. by his hospital, negative. Sasha did saw attacked was defendant, he had Curtis been taken scan Daras King, Dr. who to his previous a [*FILED: 8] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 F ILED NYSCBF : RECEIVED NYSCEF: 09/17/2018 DUTC_EESS DOC. NO. COUNTY Daras November of time was 35 sex been time capable page of life", : 19 EX _PM) of medical making reasonable any transcript page defendant was and that to purchased opined September line the and real Mr. Curtis "having could absolutely estate transfers Dr. had the have during with opined Daras and November and that 1, 2016 Curtis Mr. a Mr. not was be for could consequences what transcript him. 7). on her in 2002 through a mutual and "had been ever that 1, 2015 what 40 Curtis his judgment or realizing page Mr. that acts period he was that that impairment. affected of his this (deposition testified defendant, his opinion to testify him Daras the all during was and of 2015 She testified behalf. friend and had a business She testified since". that that Mr. in St. she was Mr. relationship Curtis bought in 2016. 1031 not defendant the exchanges, she did because the property Daras that witness only Dr. with time, the details doing." realizing addition, between 1 1 through romantic ring the that at that was of whathe He further gave Curtis' cognitive decision she met it became an engagement As the aware In impairment 39 line Curtis probicas Dr. of Mr. certainty "Mr. 201 think testified a good it was idea to have because was not purchased in Staatsburg the that property property was not so far away. She testified was double the appraised rent free price the asking Lucia value. Defendant care taking the a caretaker never and plaintiff that York order a restraining there the and New in both Curtis that property for engineer operating got of denied or anyone. plumbing and 2016. in November said for own in exchange someone were they and for worked ended admission, was technician who relationship for she testified She HVAC is an personãl by her Therefore, tenants. she work their live other that electrical She Staatsburg. the from testified She and she would that rents the collecting she did City an agreement was when Mr. she no longer engaged. Ms. that she made that she collects the rent bills plumbing work cash for pays by cash the for and the electric and alleged subject property, Curtis, that that insurance one electrical of these testified Philip payment bills. gets area, She did a receipt was other that $400.00 about know the bills bills elevator for she had per month of the elevator and a tgn an provided. yardease other sums 11 of 13 some company Again As to the retail she became at different and times, that she paid testified no receipts store ajoint that the including maintenance, She testified maintenance. before bills elevator monthly of this. She testified acknowledges Defendant she paid and taxes. property Pine. that evidence repairs was real to Ms. repairs offer the name elevator evidence went She testified She did not the the unpaid then or cash. not recall for nor she testified the rent but products. cleaning not order by money common payments she did that she for any she operates owner her at the with son works -526 09/17/2018 capacity September between NO. NYSCEF: Curtis' as to Mr. he executed relationship by the defendant. as a result an opinion documents fully 2). his condition cognitive when line in an intimate given and, were fiancée, 2014 that 03 he had had and was not 36 a significant The Curtis' he was him degree (deposition until through period had Curtis definitely 14 influenced reasonable impaired cognitively to...he of his unduly this effect of the legal Daras' In Dr. opinion lead told previously best the full quite line whether asked specifically of 2016. his acts could her was to understand ability page 7/2018 09/ RECEIVED Dr. and CLERK 98 Mr. in [*FILED: 9] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM NYSCEF DOC. NO. 100 FILED: NYSCEF DUTCHESS DOC. NO. the COUNTY counsel she is not the end argued no capacity. was appointed ORDERED that month, $3,000.00 through 2B since behalf and free, and per month: Apartment 3A $2,200.00 and Apartment court month is not and there that defendant, evidence the it was rent as to the The property for interests he ad litem since. ever an attorney, ad litem, have for plaintiff 2018, Plaintiff Apartment 4A month, per the previous Apartment either as between 3A. has or Pine Ms. on store the Twenty-four months per $12,000.00 2018, September collected rent August 3A to use to collect is entitled unless per defendant the Apartment of July 2A $1,800.00 per month undisputed for for the months received per judgment granting said a guardian Apartment $3,000.00 an agreement the months for 4B in fact was is $288,000.00. vacates Defendant month; it credible, to the judgment 2018 and those during It is further ORDERED representing that and use ORDERED 1 190, correct control. that the deed ORDERED that 26, which property ORDERED have shall ORDERED $288,0000.00 execution the 2018 she that and occupies within interest judgment thereon; and in the was that of sum additional less the $378,000.00 June Defendant defendant returned that dated and It is further October to judgment entitled $20,000.00 and returned restrained It is further to Plaintiff LLC is at TD Bank held its records. or before Defendant Plaintiff $398,000.00 the to Plaintiff's have per finds no he should of $12,000.00 lease; Defense doctor It is further is denied. for rent 09/17/2018 it is hereby Therefore, judgment per since guardian at a total The was merit. his own plaintiff's the and 2016-52674 NYSCEF: for dismissal. when particularly the plaintiff to dismiss month. court the had action NO. cash. moved at a time representing of the herself is granted 2018 per there that until months. on the INDEX PM| the defendant of the been motion $2,000.00 the since add continuing the : 19 pays by the plaintiff has claim Plaintiff and of the trial, on consent per the previous and $12,000.00 month Blanc 03 cash, dismissal and defendant's $12,000.00 store Plaintiff's for plaintiff's June per month totals a basis was the that Apartment times / 2 018 him commenced was guardianship ORDERED 2016 she pays portion thereafter that of July the case is not soon determined for this This the Moreover, that there, of the evidentiary that had for 0 9 /17 RECEIVED when At lease RECEIVED NYSCEF: 09/17/2018 CLERK 98 store also INDEX NO. 2016-52674 shall shall ten days transferring is vacated as void. vacate both leave in good 10, 2016 and order of through shall on the from June broom of at the legal 9 of a copy 10 12 of 13 Kings Avenue, portion swept $20,000.00 it is further 9 Bedford his attorney, 1, 2016, The residential service to Plaintiff, run 1190 the Bedford 1 190 this order her engagement judgment rate from commercial and so York on portion of it is further with notice ring; November of 9% per year shall New Brooklyn, and En from Clerk County condition; of Avenue and of entry and it is further 1, 2016 Plaintiff and shall [*FILED: 10] DUTCHESS COUNTY CLERK 09/17/2018 04:54 PM INDEX NO. 2016-52674 NYSCEF DOC. NO. 100 FILED NYSCEF : RECEIVED NYSCEF: 09/17/2018 DUTCHESS DOC. NO. COUNTY 09 / 17 /2 018 03:19 RECEIVED Amended vacates that Order the subject The foregoing Receiver Appointiñg and the decision appointing 21, 2018 2016-52674 NYSCEF: areceiver was continue until shall NO. granted 09/17/2018 and Defendant are concluded. and order of the Court. , 2018 li New Poughkeepsie, August signed proceedings these constitutes for an order application the Plaintiff's premises September Dated: INDEX PM| 98 ORDERED the CLERK York ENTER: MARlA Ronald A. Weiner Law 90 Broad New Plaintiff for Brooklyn, NY to the Pursuant to of its entry, Suite 603 11242 Scanned except LLP Saleem, Defendant Street, upon & Ikhalas 26 Court entry, Esq. Ndanusa, Attorneys 1802 10004-2627 Ndanusa, Davis, party Suite NY Mustapha LLP Group, Street, York, , J.S.C. Esq. Berutti, for Attorneys G. R E-File CPLR System that the an appeal §5513, the appellant when appeal only of a copy must of the judgment the appellant must as of right be taken has or order served within be taken a copy days thirty 10 10 of 10 13 of 13 within appealed of the judgment thereof. thirty from days and or order after written and service notice written by a of its notice

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