Williams v. Williams

• Citation: 38 Misc.3d 1204,966 N.Y.S.2d 350,2012 N.Y. Slip Op. 52348
• Parties: George WILLIAMS, Plaintiff, v. Darren WILLIAMS and Jacqueline Williams, Defendants.
• Decision Date: 24 December 2012
• Court: United States State Supreme Court (New York)

38 Misc.3d 1204
966 N.Y.S.2d 350
2012 N.Y. Slip Op. 52348

George WILLIAMS, Plaintiff,
v.
Darren WILLIAMS and Jacqueline Williams, Defendants.

Supreme Court, Queens County, New York.

Dec. 24, 2012.

The Law Office of Rene Myatt, by Rene Myatt, Esq., Jamaica, for the Plaintiff.

Dennis S. Cappello, Esq., Elmhurst, The Referee.

CHARLES J. MARKEY, J.
Papers Numbered and Read:

+-----------------------------------------------------------------------------+
                ¦Oath and Report of Referee Dennis S. Cappello, Esq., dated December 14, ¦1 ¦
                ¦2012 ¦ ¦
                +-------------------------------------------------------------------------+---¦
                ¦This Court's prior orders dated April 11, 2011, and September 8, 2011 ¦2–3¦
                +-----------------------------------------------------------------------------+
                

The Court is rendering this decision, sua sponte, based on Oath and Report of Referee Dennis S. Cappello, Esq., dated December 14, 2012, concerning the rights and duties of the litigants to real property located in Queens County, New York. By order dated September 8, 2011, the undersigned named Mr. Cappello as a referee to make findings and recommendations to this Court. Mr. Cappello is a well-respected lawyer and certified public accountant, who is also an expert in real property law and partition actions.

In a summons and complaint dated March 8, 2010, and filed with the County Clerk on that date, plaintiff George Williams commenced an action against defendants Darren Williams and Jacqueline Williams to determine the rights, interests, and duties of the parties to a parcel of real property located in Queens County, New York, and/or for damages. The parties are the children of Alice Williams, who died intestate on November 16, 1999.

By decision dated April 11, 2011, and entered by the Clerk on April 19, 2011, the undersigned granted a default judgment against defendant Darren Williams. Rene Myatt, Esq., counsel for plaintiff George Williams, reached a settlement with the co-defendant Jacqueline Williams, in a signed stipulation of settlement, sworn to on August 12, 2011. Jacqueline Williams, in that agreement, waived the right to file an answer and agreed to sign an Executor's Deed to the property.

The Court has read the report, findings, and recommendations of Mr. Cappello. Mr. Cappello undertook a difficult task in developing the findings and conclusions contained in his report, requiring a great deal of investigation, interviews of co-operating parties, legal research, and extensive research into comparable real estate values.

Mr. Cappello, as referee, also conducted his own search of the real property records of the New York City Department of Finance Office of the City Register, Automated City Register Information System (“ACRIS”).

The Court adopts the report of Mr. Cappello and the recommendations, findings, and conclusions contained therein. This Court specifically approves of each of Mr. Cappello's findings and conclusions. Mr. Cappello, in relevant part, states:

7. I find as follows with respect to the rights, interests and duties of all parties in this action concerning the Property:

(a) Alice Williams died a resident of Queens County on November 16, 1999 seized and possessed in fee simple absolute of the real property that is the subject of this action.

(b) Alice Williams died intestate and left surviving her three (3) persons who inherit her estate by the rules governing intestate succession pursuant to EPTL § 4–1.1, those persons being her children, all of whom are parties to this action:

(1) her son George Williams (plaintiff);

(2) her son Darren Williams (co-defendant); and

(3) her daughter Jacqueline Williams (co-defendant).

(c) Plaintiff and co-defendants are the lawful heirs and distributees of the decedent Alice Williams entitled to distribution of the decedent's property and estate in equal shares pursuant to EPTL § 4–1.1(a)(3).

(d) As the lawful heirs and distributees of the decedent Alice Williams, plaintiff and co-defendants share equally in the real property that is the subject of this action, each inheriting a one-third (1/3) undivided share and interest as tenants-in-common.

8. I find as follows with respect to whether there is any creditor not a party to this action who has a lien on the undivided share or interest of any of the parties...