This case involves Joanne Cornell May as the plaintiff and Craig May as the defendant. The case is being heard in the Supreme Court of the State of New York in Suffolk County. This action made by the plaintiff started with the filing of a verified complaint made around the 24th of September in 2007. The plaintiff is seeking to recover possession and occupancy of a property located on Old Town Road in Setauket, New York. The defendant in the case is the son of the plaintiff’s husband, John May, who passed away in September of 2007. A New York Probate Lawyer said that there are nine causes of action set forth in this particular case.
In this case the nine causes of action include ejectment, recovery of value of use and occupancy of the subject premises, treble damages, conversion, intentional infliction of emotional distress, tort, fraud, conversion, and unjust enrichment (estate litigation). The plaintiff is seeking a permanent injunction that enjoins that defendants use of the subject premises and money for damages.
The submissions made to the court show that the plaintiff and the decedent owned the subject premises as tenants by the entirety. The couple acquired the deed to the premises in October of 1997 from John May to John May and Joanne Cornell May. The basis of the complaint is that the defendant has seized the property to the detriment of the plaintiff and has forcibly prevented the plaintiff from entering the property. The plaintiff alleges that the defendant has changed the locks on the home and prohibits her from entering. She states this was done in August of 2007, around two weeks before John May passed away. She further alleges that the defendant unduly influenced the decedent to enter into a lease for the premises in question.
New York City Probate Lawyers said the lease that was entered provides the defendant with the property for 99 years at a rental rate of a dollar per year. The plaintiff alleges that the property has been converted for the defendant’s own use without the plaintiff’s consent. Additionally, the plaintiff states that there is a tenant in the home at a monthly rent of $1200 per month and the defendant has been collecting this rent.
The plaintiff is seeking a preliminary injunction seeking the following relief: restraining and prohibiting the defendant from entering or occupying in any way the subject premises. She also requests that the defendant not be allowed to collect rent from said property.
The defendant argues that the plaintiff stole the previous will made by the decedent and that the deed to the subject premises was fraudulently induced by the plaintiff. Manhattan Probate Lawyers said the defendant further argues that the decedent had power of attorney for the plaintiff and was given the right to lease the subject premises to whomever he wished.
Case Discussion and Decision
The plaintiff has demonstrated the necessary facts in this case to support her injunction. The plaintiff is the owner of the subject premises and has the right to use the property as she sees fit. The defendant has not provided any support for his case.
For these reasons, the court is ordering that the motion made by the plaintiff for a preliminary injunction is granted. The plaintiff will post an undertaking in the amount of $100,000 and a preliminary conference in the case will be scheduled for a later date.
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