Know about the case of Herman Durand filed by Earl R. Davis

SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.:
COUNTY OF KINGS Purchased:
-------------------------------------------------------------------------X Plaintiff designates Kings
EARL R. DAVIS, AMERICAN REGIONAL REAL ESTATE County as the place of trial
PARTNERS, INC., LCD HOLDING CORP. and
WILLOUGHBY PARK INVESTORS INC.,
Plaintiffs,
-against- The basis of the venue is:
CPLR § 503 and 6 507
HERMAN DURAND and OLGA DURAND, SUMMONS
Defendants.
-------------------------------------------------------------------------X
To the above named Defendants
YOUR 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 Plaintiff s Attorney within twenty (20) days after the service of this summons,
exclusive of the day of service (or within thirty (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 answer or appear, judgment will be taken against you by default for the relief demanded
in the notice set forth below and in the complaint.
Dated: Brooklyn, New York
November 10, 2019
AND W M. KRISEL, ESQ.
Attorney for Plaintiff
Office and Post Office Address
44 Court Street, Suite 906
Brooklyn, New York 1 1201
(718) 222-1720
Herman Durand Olga Durand
793 Willoughby Avenue 793 Willoughby Avenue
Brooklyn, NY 11206 Brooklyn, NY 1 1206
FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM INDEX NO. 524565/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/11/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------x
EARL R. DAVIS, AMERICAN REGIONAL REAL ESTATE
PARTNERS INC., LCD HOLDING CORP. and W1LLOUGHBY Index No.
PARK INVESTORS INC.,
Plaintiffs,
VERIFIED COMPLAINT
-against-
HERMAN DURAND and OLGA DURAND,
Defendants.
----------------------------------------------------------------x
The Plaintiffs, EARL R. DAVIS, AMERICAN REGIONAL REAL ESTATE
PARTNERS INC., LCD HOLDING CORP. and WILLOUGHBY PARK INVESTORS INC. by
their attorney, Andrew M. Krisel, Esq., complaining of the defendants allege as follows:
1) Plaintiff, Earl R. Davis, is a resident of the County of Kings, City and State of New York.
2) Plaintiff, American Regional Real Estate Partners Inc., is a domestic Corporation with its
principal place of business located within the County of New York, City and State of New York.
3) Plaintiff, Willoughby Park Investors Inc., is a domestic Corporation with its principal
place of business located within the County of New York, City and State of New York.
4) Plaintiff, LCD Holding Corp., is a domestic Corporation with its principal place of
business located within the County of Kings, City and State of New York.
5) Upon information and belief, the defendant, Herman Durand, is a resident of the County
of Kings, City and State of New York.
6) Upon information and belief, the defendant, Olga Durand, is a resident of the County of
Kings, City and State of New York.
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7) This action concerns real property (hereinafter "the Premises") situated in the Borough
and County of Kings, City and State of New York known as and by the Street Number 793
Willoughby Avenue, Brooklyn, NY 11206, and described more fully in a document dated June
27, 2006, purporting to be a deed, a copy of which is annexed hereto as Exhibit A and
incorporated herein by reference.
8) The premises affected by this action is situated entirely within the County of Kings and is
contained in Block 1589, Lot 76 on the Land Map of the County of Kings.
9) Upon information and belief, Joseph Ferrell died intestate on December 31, 1998.
10) Upon information and belief, at the time of his death, Joseph Ferrell, was the sole owner
of the premises located at 793 Willoughby Avenue, Brooklyn, NY 11206 and more fully
described above.
11) Upon information and belief, at the time of his death, Joseph Ferrell, was survived by
his son, Harvey Ferrell, his son, Steven Ferrell, his son, Jerome Ferrell, and five grandchildren,
Michael Freeman, Jeannie Freeman, Vernatina R. Freeman, Corinthians Freeman and Audrey
Freeman-Jackson all children of Joseph Ferrell's predeceased children. .
12) Upon information and belief, due to Joseph Ferrell's demise, on the date and time of his
death, by operation of law Harvey Ferrell, Steven Ferrell, and Jerome Ferrell each became a
Twenty five (25%) percent tenant in common fee absolute owner of the premises located at 793
Willoughby Avenue, Brooklyn, NY 11206 and Erik Freeman, Michael Freeman, Jeannie
Freeman, Vernatina Freeman, Corinthians Freeman, and Audrey Freeman-Jackson each became a
four point one six seventh (4.16666667%) percent tenant in common fee absolute owner of the
premises located at premises located at 793 Willoughby Avenue, Brooklyn, NY 11206.
13) That on or about February 23, 2011, Steven Ferrell died intestate survived by siblings
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Harvey and Jerome who each inherited eight point three (8.3333333%) percent of his tenant in
common fee absolute ownership of the premises located at premises located at 793 Willoughby
Avenue, Brooklyn, NY 11206, and by his nieces and nephews, Erik, Michael, Jeannie, Vernatina,
Corinthians and Audrey who each inherited one point three nine (1.3888889%) percent of his
tenant in common fee absolute ownership of the premises located at premises located at 793
Willoughby Avenue, Brooklyn, NY 11206.
14) As a result of Steven Ferrell's death, Erik Freeman, Michael Freeman, Jeannie Freeman,
Vernatina Freeman, Corinthians Freeman, and Audrey Freeman-Jackson each became five point
five (5.5555555%) percent tenant in common fee absolute owners of the premises located at 793
Willoughby Avenue, Brooklyn, NY 11206.
AS AND FOR A FIRST CAUSE OF ACTION
15) Plaintiffs repeat, reiterate and reallege each and every allegation contained in the
foregoing paragraphs with the same full force and effect as if hereinafter set forth at length.
16) On or about November 10, 1999, Harvey Ferrell, as preliminary Administrator of the
Estate of Joseph Ferrell, improperly and without legal authority or of any force or effect, filed a
deed attempting to transfer the premises to himself.
17) On or about November 21, 2001, Harvey Ferrell, individually, improperly and without
legal authority or of any force or effect, filed a deed attempting to transfer the entire premises
located at 793 Willoughby Avenue, Brooklyn, NY 11206 to Allen Clinton.
18) Said deed to Allen Clinton was void and of no legal effect.
19) On or about February 14, 2002, the Kings County Surrogate's Court revoked the
preliminary letters issued to Harvey Ferrell and continued its restraining order against him
prohibiting him to encumber or transfer the property located at 793 Willoughby Avenue,
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Brooklyn, NY.
20) Notwithstanding that the November 2002 deed to Allen Clinton was void, on June 27,
2006, a deed was filed attempting to transfer the premises located at 793 Willoughby Avenue,
Brooklyn, NY from Allen Clinton to the defendants, Herman Durand and Olga Durand.
21) On or about June 1, 2019, a deed was signed by Corninthians Freeman, transferring all her
right, title and interests in the property known as 793 Willoughby Avenue, Brooklyn, NY, to the
plaintiffs Willoughby Park Investors Inc. and LCD Holding Corp.
22) On or about June 6, 2019, a deed was signed by Vernatina Freeman, transferring all her
right, title and interests in the property known as 793 Willoughby Avenue, Brooklyn, NY, to the
plaintiffs Willoughby Park Investors Inc. and LCD Holding Corp.
23) On or about May 24, 2019, a deed was signed by Erik Freeman, Michael Freeman and
Jeannie Freeman transferring all their right, title and interests in the property known as 793
Willoughby Avenue, Brooklyn, NY, to the plaintiffs Earl R. Davis, American Regional Real
Estate Partners Inc. and LCD Holding Corp.
24) That the plaintiffs are by right title owners and seized and possessed of an undivided share
in fee simple absolute of the premises, and entitled to exercise all rights appurtenant thereto
including but not limited to executing and recording a deed or other documents showing them to
be owners of record.
25) That the plaintiffs are entitled to a declaratory judgment specifying rights and other legal
relations between the parties and specifically that the plaintiffs are title owners and seized and
possessed of an undivided share in fee simple absolute of the premises and entitled to
exercise all rights appurtenant thereto including but not limited to executing and recording a deed
or other documents showing them to be owners of record of the Premises.
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AS AND FOR A SECOND CAUSE OF ACTION
27) Upon information and belief, on or about July 18, 2006, the defendants filed a document
purporting to be a deed which attempted to transfer One Hundred (100%) percent of the premises
located at 793 Willoughby Avenue, Brooklyn, NY 11206 to the defendants.
28) The defendants have filed a public document claiming an estate or interest in the real
property adverse to those of the plaintiffs.
29) The legal heirs of Steven Ferrell and Jerome Ferrell are similarly situated to the plaintiffs
but not named as parties to this action.
30) Plaintiffs claim an estate and/or interest of ownership in the property located at 793
Willoughby Avenue, Brooklyn, NY 11206 and bring this action pursuant to Article 15 of the
Real Property Actions and Proceedings Law to compel a determination of all claims adverse to
the plaintiffs made by the defendants.
AS AND FOR A THIRD CAUSE OF ACTION
32) Upon information and belief, the attempted conveyance of the property to the
defendants was made based upon void instruments and of no legal force and effect.
33) As a result of same the conveyance is fraudulent as to the defendants.
34) Based on the forgoing, the plaintiffs are entitled to a judgment wherein the documents
dated November 10. 1999, November 21, 2001 and June 27, 2006 purporting to be deeds which
attempted to transfer One Hundred (100%) percent of the premises located at 793 Willoughby
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Avenue, Brooklyn, NY 11206 are judicially declared null and void.
WHEREFORE the plaintiff demands:
1. A judgment declaring the rights and other legal relations of the parties, specifically
that the plaintiffs are title owners and seized and possessed of an undivided percentage in fee
simple absolute of the premises, and entitled to exercise all rights appurtenant thereto including
but not limited to executing and recording a deed or other documents showing them to be owners
of record of the Premises:
2. A judgment pursuant to Article 15 of the Real Property Law to compel a determination
of all claims adverse to the plaintiffs made by the defendants;
3. A judgment wherein the document dated November 10, 1999, November 21, 2001
and June 27, 2006, purporting to be deeds which attempted to transfer One Hundred (100%)
percent of the premises located at 793 Willoughby Avenue, Brooklyn, NY 11206 are judicially
declared null and void.
4. A judgment for such other and further relief as is just and proper.
Dated: Brooklyn, NY
November 10, 2019
ANDREW M. SEL, ESQ.
Attorney for the Plaintiffs
EARL R. DAVIS, AMERICAN
REGIONAL REAL ESTATE
PARTNERS INC., LCD HOLDING CORP.
and WILLOUGHBY PARK INVESTORS
INC
44 Court Street, Suite 906
New York, NY 11201
718 222- 1720
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VERIFICATION
I, the undersigned, an attorney duly admitted to practice law before the Courts of
the State of New York, hereby affirm under penalty of perjury:
I am the attorney for Plaintiffs in the within matter.
I have read the annexed COMPLAINT, know the contents thereof and the same
are true to my knowledge, except those matters therein which are stated to be alleged on
information and belief, and as to those matters I believe them to be true. The basis for my belief
as to those matters is conversations with my client and a review of documents in file. I make this
verification instead of the plaintiffs because some of the plaintiffs reside in a county other than
where I maintain my office.
Dated: Brooklyn NY
November 10, 2019
ANDREŸV M. KRIS L
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