FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`----------------------------------------------------------------X
`SUMMER BARN LLC,
`
`-against-
`
`Plaintiff,
`
`MARCI WEBER and
`BONGIORNO PROPERTY MANAGEMENT, LLC,
`
`Defendants.
`----------------------------------------------------------------X
`
`Index No.:602743/2019
`
`(Proposed) VERIFIED
`ANSWER AND
`COUNTERCLAIM
`
`Defendant, Bongiorno Property Management LLC (“Bongiorno”), by its attorney,
`
`Samuel E. Kramer, as and for its Answer, sets forth and alleges as follows:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`With respect to ¶ 1 of the Verified Complaint, Bongiorno denies that same is capable
`
`of admission or denial.
`
`With respect to ¶ 2 of the Verified Complaint, Bongiorno denies that the totality of
`
`the real property identified therein, and given the defined term “the Summer Barn Property”
`
`is owned by plaintiff, Summer Barn LLC, and Bongiorno otherwise denies having knowledge
`
`or information sufficient to form a belief as to the truth or falsity said paragraph.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 3 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 4 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 5 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`-1-
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`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
`
`RECEIVED NYSCEF: 09/12/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`----------------------------------------------------------------X
`SUMMER BARN LLC,
`
`-against-
`
`Plaintiff,
`
`MARCI WEBER and
`BONGIORNO PROPERTY MANAGEMENT, LLC,
`
`Defendants.
`----------------------------------------------------------------X
`
`Index No.:602743/2019
`
`(Proposed) VERIFIED
`ANSWER AND
`COUNTERCLAIM
`
`Defendant, Bongiorno Property Management LLC (“Bongiorno”), by its attorney,
`
`Samuel E. Kramer, as and for its Answer, sets forth and alleges as follows:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`With respect to ¶ 1 of the Verified Complaint, Bongiorno denies that same is capable
`
`of admission or denial.
`
`With respect to ¶ 2 of the Verified Complaint, Bongiorno denies that the totality of
`
`the real property identified therein, and given the defined term “the Summer Barn Property”
`
`is owned by plaintiff, Summer Barn LLC, and Bongiorno otherwise denies having knowledge
`
`or information sufficient to form a belief as to the truth or falsity said paragraph.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 3 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 4 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 5 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`-1-
`
`
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`FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`the truth or falsity ¶ 6 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 7 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 8 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 9 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity ¶ 10 of the Verified Complaint.
`
`Bongiorno admits ¶ 11 of the Verified Complaint.
`
`Bongiorno admits ¶ 12 of the Verified Complaint.
`
`Bongiorno admits ¶ 13 of the Verified Complaint.
`
`Bongiorno admits ¶ 14 of the Verified Complaint.
`
`Bongiorno admits ¶ 15 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 16 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 17 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 18 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 19 of the Verified Complaint.
`
`-2-
`
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`FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`20.
`
`21.
`
`22.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 20 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth in ¶ 21 of the Verified Complaint.
`
`With respect to ¶ 22 of the Verified Complaint, Bongiorno denies that fencing
`
`identified as being on the property alleged to be owned by plaintiff is, in fact on property
`
`owned by plaintiff and otherwise denies having knowledge or information sufficient to form
`
`a belief as to the truth or falsity of said paragraph.
`
`23.
`
`With respect to ¶23, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`24.
`
`With respect to ¶24, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`25.
`
`With respect to ¶25, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`26.
`
`With respect to ¶26, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`27.
`
`With respect to ¶27, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`-3-
`
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`FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`28.
`
`With respect to ¶28, which relates solely to defendant, Marci Weber, Bongiorno
`
`denies having knowledge or information sufficient to form a belief as to the truth or falsity
`
`of same.
`
`29.
`
`30.
`
`31.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 29 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 30 of the Verified Complaint.
`
`With respect to ¶ 31 of the Verified Complaint, Bongiorno admits that it has
`
`maintained fences and hedges on the property identified at ¶ 2 of the Verified Complaint as
`
`the Summer Barn Property but otherwise denies the allegations set forth in said paragraph.
`
`32.
`
`With respect to ¶ 32 of the Verified Complaint, Bongiorno admits that it has stored
`
`items of personal property identified at ¶ 2 of the Verified Complaint as the Summer Barn
`
`Property but otherwise denies the allegations set forth in said paragraph.
`
`AS TO THE FIRST CAUSE OF ACTION
`
`33.
`
`With respect to ¶ 33 of the Verified Complaint, Bongiorno repeats and reallegs all
`
`of the allegations heretofore set forth at ¶1 through ¶ 32 hereof, inclusive, with the same
`
`force and effect as if same had been set forth at length here.
`
`34.
`
`With respect to ¶34 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`35.
`
`With respect to ¶35 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`-4-
`
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`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`as to the truth or falsity of same.
`
`36.
`
`With respect to ¶36 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`37.
`
`With respect to ¶37 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`38.
`
`With respect to ¶38 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`39.
`
`With respect to ¶39 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`40.
`
`With respect to ¶40 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`41.
`
`With respect to ¶41 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`42.
`
`With respect to ¶42 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`-5-
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`FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`43.
`
`With respect to ¶43 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`44.
`
`With respect to ¶44 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`45.
`
`With respect to ¶45 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`46.
`
`With respect to ¶46 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`47.
`
`With respect to ¶47 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`48.
`
`With respect to ¶48 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`49.
`
`With respect to ¶49 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`50.
`
`With respect to ¶50 of the Verified Complaint, which relates solely to defendant,
`
`-6-
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`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
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`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`51.
`
`With respect to ¶51 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`AS TO THE SECOND CAUSE OF ACTION
`
`52.
`
`With respect to ¶ 52 of the Verified Complaint, Bongiorno repeats and reallegs all
`
`of the allegations heretofore set forth at ¶1 through ¶ 51 hereof, inclusive, with the same
`
`force and effect as if same had been set forth at length here.
`
`53.
`
`With respect to ¶53 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`54.
`
`With respect to ¶54 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`55.
`
`With respect to ¶55 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`56.
`
`With respect to ¶56 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`57.
`
`With respect to ¶57 of the Verified Complaint, which relates solely to defendant,
`
`-7-
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`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
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`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`58.
`
`With respect to ¶58 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`59.
`
`With respect to ¶59 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`60.
`
`With respect to ¶60 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`61.
`
`With respect to ¶6 of the Verified Complaint 1, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`62.
`
`With respect to ¶62 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`63.
`
`With respect to ¶63 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`as to the truth or falsity of same.
`
`64.
`
`With respect to ¶64 of the Verified Complaint, which relates solely to defendant,
`
`Marci Weber, Bongiorno denies having knowledge or information sufficient to form a belief
`
`-8-
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
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`as to the truth or falsity of same.
`
`AS TO THE THIRD CAUSE OF ACTION
`
`65.
`
`With respect to ¶ 65 of the Verified Complaint, Bongiorno repeats and reallegs all
`
`of the allegations heretofore set forth at ¶1 through ¶ 64 hereof, inclusive, with the same
`
`66.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`74.
`
`75.
`
`76.
`
`force and effect as if same had been set forth at length here.
`
`Bongiorno admits ¶ 66 of the Verified Complaint.
`
`Bongiorno admits ¶ 67 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 68 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 69 of the Verified Complaint.
`
`Bongiorno denies having knowledge or information sufficient to form a belief as to
`
`the truth or falsity of ¶ 70 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 71 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 72 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 73 of the Verified Complaint.
`
`With respect to ¶ 74 of the Verified Complaint, Bongiorno denies that same is
`
`capable of admission or denial.
`
`Bongiorno denies all the allegations set forth at ¶ 75 of the Verified Complaint.
`
`AS TO THE FOURTH CAUSE OF ACTION
`
`With respect to ¶ 76 of the Verified Complaint, Bongiorno repeats and realleges all
`
`of the allegations heretofore set forth at ¶1 through ¶ 75 hereof, inclusive, with the same
`
`force and effect as if same had been set forth at length here.
`
`77.
`
`Bongiorno denies all the allegations set forth at ¶ 77 of the Verified Complaint.
`
`-9-
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`NYSCEF DOC. NO. 31
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
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`
`
`
`
`78.
`
`79.
`
`80.
`
`81.
`
`82.
`
`83.
`
`84.
`
`85.
`
`86.
`
`87.
`
`88.
`
`89.
`
`90.
`
`Bongiorno denies all the allegations set forth at ¶ 78 of the Verified Complaint.
`
`Bongiorno admits ¶ 79 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 80 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 81 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 82 of the Verified Complaint.
`
`Bongiorno admits ¶ 83 of the Verified Complaint.
`
`Bongiorno admits ¶ 84 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 85 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 86 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 87 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 88 of the Verified Complaint.
`
`Bongiorno denies all the allegations set forth at ¶ 89 of the Verified Complaint.
`
`With respect to ¶ 90 of the Verified Complaint, Bongiorno denies that same is
`
`capable of admission or denial.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`91.
`
`The causes of action asserted by plaintiff. Summer Barn LLC (“Plaintiff”) are barred
`
`against Bongiorno by reason of the applicable Statute of Limitations.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`92.
`
`Plaintiff is not in possession of the 23" wide strip of land at 62 Old Montauk
`
`Highway, Amagansett, New York (the “Disputed Property”) which is the subject of this
`
`action, and Plaintiff may not maintain the current action.
`
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`93.
`
`Bongiorno, or Bongiorno’s predecessor in interest, entered onto the Disputed
`
`Property and remained in and on the Disputed Property with the acquiescence,
`
`acknowledgment and consent of Plaintiff and Plaintiff’s predecessor in interest.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`94.
`
`To the extent that the Bongiorno or Bongiorno’s predecessor erected fences or
`
`planted hedges in the Disputed Property, Bongiorno had a right to do so by prescription and
`
`adverse occupancy to continue to maintain the fence and hedges as they now stand.
`
`95.
`
`96.
`
`97.
`
`98.
`
`AS AND FORA FIFTH AFFIRMATIVE DEFENSE
`
`Plaintiff’s causes of action as against Bongiorno are barred by the doctrine of estoppel
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`Plaintiff’s causes of action as against Bongiorno are barred by reason of failure to
`
`mitigate its damages.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSES
`AND A FIRST COUNTERCLAIM
`
`Bongiorno asserts this cause of action pursuant to Article 15 of the New York Real
`
`Property Practices and Procedure Law (“RPAPL”).
`
`On or about April 16, 2016, Bongiorno took title in fee simple to the building and
`
`land known as and located at 62 Old Montauk Highway, Amagansett, New York, in the
`
`Town of East Hampton, Suffolk County Tax Map No.: 0300 0-172.00 - 02.00 - 025.000 (the
`
`“Bongiorno Property”).
`
`99.
`
`Bongiorno’s immediate predecessors in interest to the Bongiorno Property were
`
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`Thomas G. Hasseman and Karen U. Hasseman; upon information and belief the Bongiorno
`
`Property had been transferred to Thomas G. Hasseman and Karen U. Hasseman by Thomas
`
`G. Hasseman on or about August 7, 2014.
`
`100.
`
`Upon information and belief, belief the Bongiorno Property had been transferred to
`
`Thomas G. Hasseman on or about January 8, 2005. (Thomas G. Hasseman and Karen U.
`
`Hasseman, together and Thomas G. Hasseman, individually prior to them, are identified
`
`herein as “Bongiorno’s Predecessors”.)
`
`101.
`
`Upon information and belief, in or around May, 2014, the real property known as and
`
`located at 70 Old Montauk Highway, Amagansett, New York, in the Town of East Hampton,
`
`Suffolk County Tax Map No.: 0300-1720-02-8.2 (the “Plaintiff’s Property”) was conveyed
`
`from Huntington Sheldon (“Sheldon”) to Plaintiff.
`
`102.
`
`Bongiorno’s Property and Plaintiff’s Property share a common boundary line (the
`
`“Boundary”); upon information and belief, the Boundary is approximately 77.8 feet in length.
`
`103.
`
`Upon information and belief, prior to January 8, 2005, Sheldon erected a fence (the
`
`“Fence”) on Plaintiff’s Property approximately 23 feet from and parallel to the Boundary.
`
`104.
`
`Upon information and belief, the Fence was in place when Sheldon transferred
`
`Plaintiff’s Property to Plaintiff.
`
`105.
`
`The parcel of land of approximately 23" by 77.8', lying between the Boundary and
`
`the Fence (the “Disputed Property”) is the subject of this Counterclaim and the Complaint
`
`as against Bongiorno.
`
`106.
`
`Bongiorno and Bongiorno’s Predecessors have had open, continuous, exclusive,
`
`actual and notorious possession use and control of the Disputed Property for a period in
`
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`INDEX NO. 602743/2019
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`RECEIVED NYSCEF: 09/12/2019
`
`excess of ten (10) years prior to the commencement of this action.
`
`107.
`
`Bongiorno and Bongiorno’s Predecessors have had open, continuous, exclusive,
`
`actual and notorious possession, use and control of the Disputed Property for a period in
`
`excess of ten (10) years prior to the commencement of this action under an unwritten claim
`
`of right, exclusive of any other right.
`
`108.
`
`Bongiorno and Bongiorno’s Predecessors have cultivated and improved the Disputed
`
`Property for a period in excess of ten (10) years prior to the commencement of this action.
`
`109.
`
`Upon information and belief, Bongiorno and Bongiorno’s Predecessors’ possession,
`
`use and occupancy of the Disputed Property has been actually known to Plaintiff and
`
`Plaintiff’s predecessor(s) for a period in excess of ten (10) years prior to the commencement
`
`of this action.
`
`110.
`
`Upon information and belief, Bongiorno and Bongiorno’s Predecessors’ possession,
`
`use and occupancy of the Disputed Property has been constructively known to Plaintiff and
`
`Plaintiff’s predecessor(s) for a period in excess of ten (10) years prior to the commencement
`
`of this action.
`
`111.
`
`By reason of the foregoing, Bongiorno is seized of and possessed of the Disputed
`
`Premises free and wholly discharged of any and every claim of any person or entity other
`
`than Bongiorno.
`
`112.
`
`By reason of the foregoing, the Disputed Property is and should be deemed as a
`
`matter of law to be the lawful property, solely and exclusively, of Bongiorno and Judgment
`
`should be so granted to Bongiorno.
`
`113.
`
`Upon information and belief, as set forth in the Complaint and in other public records
`
`-13-
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 07:36 PM
`NYSCEF DOC. NO. 31
`
`INDEX NO. 602743/2019
`
`RECEIVED NYSCEF: 09/12/2019
`
`and elsewhere, Plaintiff claims to have an ownership interest in and to the Disputed Property.
`
`114.
`
`Upon information and belief no person or entity other than Bongiorno and Plaintiff
`
`claim to have any actual or beneficial ownership interest in and to the Disputed Property, or
`
`could claim to have an actual or beneficial ownership interest in and to the Disputed Property
`
`and no such person or entity existed or could have been ascertained at the time of the
`
`commencement of this action, and any judgment rendered adjudging Bongiorno to be vested
`
`with absolute title in the Dispute Property will not an may not affect any person not in being
`
`or not ascertained at the time of the commencement of this action.
`
`115.
`
`This counterclaim is not intended to be adverse to Ms. Weber’s rights.
`
`WHEREFORE, defendant, Bongiorno Property Management LLC respectfully
`
`requests that the Complaint be dismissed and that pursuant to RPAPL Article 15,Bongiorno Property
`
`Management LLC be declared the lawful owner of the Disputed Property and all improvements
`
`thereon, together with such other, further and different relief as the Court deems just.
`
`Dated: East Hampton, New York
`September 8, 2019
`
`SAMUEL E. KRAMER
`Attorney for Defendant,
`Bongiorno Property Management, LLC
`S/Samuel E. Kramer
`By:
`Samuel E. Kramer, Esq.
`225 Broadway - Suite 3020
`New York, New York 10007
`(212) 285-2290
`
`To: MargolinBesunder LLP
`1050 Old Nichols Road - Suite 200
`Islandia, New York 11749
`Attorneys for Plaintiff, Summer Barn LLC
`
`Tarbet & Lester, PLLC
`132 North Main Street
`East Hampton, New York 11937
`Attorneys for Defendant, Marci Weber
`
`-14-
`
`
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