File suit against Herman Durand and Olga Durand By Earl R. Davis

1. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 OF NEW SUPREME COUNTY COURT THE YORK OF STATE INDEX NO.: OF KINGS Purchased: -------------------------------------------------------------------------X Plaintiff designates Kings EARL AMERICAN REGIONAL REAL ESTATE R. as the place of trial DAVIS, County LCD HOLDING CORP. and PARTNERS, WILLOUGHBY INC., PARK INVESTORS INC., Plaintiffs, -against- of The basis the venue is: CPLR §503 and 6 507 HERMAN DURAND SUMMONS OLGA and DURAND, Defendants. -------------------------------------------------------------------------X To the above named Defendants YOUR ARE HEREBY SUMMONED to answer in the complaint action this and to serve of your if the acopy complaint is not served with this to serve a notice answer, or, summons, of on Plaintiff sAttorney within days after the service of this appearance, summons, (20) twenty of the of within exclusive service (or after days the service is complete if this day thirty (30) New is not you summons delivered to within the State of in of your and case York); personally or answer failure will be to judgment taken against you default for the relief demanded appear, by in the notice set forth below and in the complaint. New York Dated: Brooklyn, November 2019 10, W M. AND ESQ. KRISEL, for Plaintiff Attorney Office Post and Office Address 44 Court Suite 906 Street, New York 1 1201 Brooklyn, 222-1720 (718) Herman Durand Olga Durand 793 Avenue 793 Avenue Willoughby Willoughby NY NY 11206 1 1206 Brooklyn, Brooklyn, 1 of 8

2. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 OF NEW YORK SUPREME COUNTY COURT OF THE STATE OF KINGS ----------------------------------------------------------------------------x EARL AMERICAN REGIONAL REAL ESTATE R. DAVIS, LCD HOLDING W1LLOUGHBY PARTNERS CORP. and Index No. INC., PARK INVESTORS INC., Plaintiffs, COMPLAINT VERIFIED -against- HERMAN DURAND OLGA and DURAND, Defendants. ----------------------------------------------------------------x EARL AMERICAN REGIONAL REAL ESTATE The R. Plaintiffs, DAVIS, LCD PARTNERS WILLOUGHBY PARK HOLDING INVESTORS CORP. and INC. INC., by their Andrew M. of the defendants allege as follows: attorney, Esq., Krisel, complaining of New Earl R. is a resident of the of and State York. Plaintiff, Davis, Kings, 1) County City American Regional Real Estate Partners is a domestic Corporation with its Plaintiff, Inc., 2) of New of New principal place of business located within the and York. State York, County City Park Investors is a domestic Corporation with its principal Plaintiff, Inc., 3) Willoughby of New of New of place business located within the and State York. York, County City LCD is a domestic Corporation with its principal place of Plaintiff, Corp., 4) Holding of New business located within the of and State York. Kings, County City Upon information and the Herman is a resident of the 5) belief, defendant, Durand, County of New of and State York. Kings, City Upon information and the Olga is a resident of of the 6) belief, defendant, Durand, County of New and State York. Kings, City 2 of 8

3. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 Borough in the situated (hereinafter "the concerns real This action Premises") property 7) Number 793 of New the Street known as and York State of and and by Kings, City County NY a document dated June in more and described 11206, Brooklyn, Avenue, fully Willoughby A and as Exhibit hereto of which is annexed acopy to be adeed, 2006, 27, purporting reference. incorporated herein by of Kings and is within the this action is situated affected The premises County entirely by 8) of of Kings. the Block Lot 76 on the Land contained in Map 1589, County 1998. December intestate on Joseph Ferrell died information and Upon 31, belief, 9) owner sole Joseph was the of his at the time Upon information and Ferrell, death, belief, 10) NY more 11206 and premises located at 793 of the Brooklyn, Avenue, fully Willoughby described above. was survived of his Joseph Upon information and at the time death, Ferrell, belief, by 11) five Steven his Jerome and his his Ferrell, grandchildren, son, Ferrell, son, Ferrell, son, Harvey Freeman and Michael Jeannie Vernatina Corinthians R. Freeman, Freeman, Freeman, Audrey . children. Freeman-Jackson all children of Joseph Ferrell's predeceased of Upon information and due to Joseph Ferrell's on the date and time his belief, demise, 12) Ferrell each became a operation of law Steven and Jerome death, Ferrell, Ferrell, by Harvey five percent tenant in common fee absolute owner of the premises located at 793 (25%) Twenty NY Erik Michael Jeannie 11206 and Avenue, Brooklyn, Freeman, Freeman, Willoughby Vernatina Corinthians Freeman-Jackson each became a and Freeman, Freeman, Freeman, Audrey four point six seventh in common owner of the one percent tenant fee absolute (4.16666667%) NY premises at premises at 793 11206. located located Avenue, Brooklyn, Willoughby That on or about Steven Ferrell died intestate survived siblings 23, 2011, 13) February by 3 of 8

4. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 percent of his tenant in inherited eight point three and Jerome who each (8.3333333%) Harvey located at 793 at premises premises located common absolute of the fee Willoughby ownership NY and and his nieces Jeannie, Vernatina, Michael, nephews, Erik, Brooklyn, 11206, Avenue, by percent of his point nine each inherited one three Corinthians and who (1.3888889%) Audrey located at 793 at premises of the premises located common absolute tenant in fee ownership NY 11206. Avenue, Brooklyn, Willoughby a result of Steven Ferrell's Erik Michael Jeannie As Freeman, Freeman, death, Freeman, 14) Freeman-Jackson each became five point Vernatina Corinthians and Freeman, Freeman, Audrey at 793 of located percent tenant in common fee absolute owners the premises five (5.5555555%) NY 11206. Avenue, Brooklyn, Willoughby AS AND FOR A FIRST CAUSE OF ACTION in the Plaintiffs reiterate and reallege each and allegation contained repeat, 15) every hereinafter forth at length. paragraphs with the same full force and effect as if set foregoing On or about November aspreliminary Administrator of the 10, 1999, Ferrell, 16) Harvey Estate of Joseph and without legal or of or force filed a Ferrell, effect, improperly authority any deed to transfer the premises to himself. attempting On or about November and without 21, 2001, Ferrell, individually, 17) Harvey improperly legal or of force or filed a deed to transfer the entire premises effect, authority any attempting NY located at 793 11206 to Allen Clinton. Avenue, Brooklyn, Willoughby Said deed to Allen Clinton was void of legal and no effect. 18) On or about the Kings Surrogate's Court revoked the 14, 2002, 19) February County letters issued to Ferrell and continued its order against him preliminary Harvey restraining him to encumber or transfer the located at 793 Avenue, prohibiting property Willoughby 4 of 8

5. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 NY. Brooklyn, Allen Clinton was on June November 2002 deed to that the 27, void, 20) Notwithstanding at 793 was to transfer the premises located a deed filed Avenue, 2006, Willoughby attempting NY Olga Durand. Herman Durand and from Allen Clinton to the defendants, Brooklyn, On all her Corninthians or about June a deed was signed Freeman, 1, 2019, by transferring 21) to the title and interests in the known as 793 Avenue, Brooklyn, NY, right, Willoughby property LCD plaintiffs Park Investors Inc. and Corp. Holding Willoughby On all her or about June a deed was signed Vernatina 6, 2019, Freeman, 22) transferring by known the title and interests in the as 793 to Avenue, Brooklyn, NY, right, property Willoughby LCD plaintiffs Park Investors Inc. and Corp. Willoughby Holding On or about a deed was signed Erik Michael Freeman and May 24, 2019, Freeman, 23) by Freeman Jeannie all their in known title and interests the as 793 right, transferring property to the plaintiffs Earl R. American Regional Real Avenue, Brooklyn, NY, Davis, Willoughby LCD Estate Partners Inc. and Corp. Holding That the plaintiffs are right title owners and of seized and possessed an undivided share 24) by in fee simple absolute the of and entitled to exercise all rights appurtenant thereto premises, but not limited to and a deed or other documents them to including executing recording showing be owners of record. That the plaintiffs are entitled to adeclaratory judgment rights and other legal 25) specifying relations between the and parties that the plaintiffs are title owners and seized and specifically possessed of an undivided in share fee simple absolute of the premises entitled to and exercise all rights appurtenant thereto but not limited to and a deed including executing recording or other documents them to be owners of record of the Premises. showing 5 of 8

6. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 A SECOND FOR ACTION AS AND CAUSE OF in contained the each allegation and and reallege Plaintiffs reiterate repeat, every 26) forth at length. hereinafter set as if full force and effect with same paragraphs the foregoing a document defendants filed the about information and on or Upon 18, 2006, belief, July 27) of the premises percent attempted to transfer One Hundred which to be a deed (100%) purporting NY defendants. 11206 to the located at 793 Brooklyn, Avenue, Willoughby real an or interest in the estate a public document defendants have filed The claiming 28) plaintiffs. of adverse to those the property plaintiffs to the situated Steven Ferrell and Jerome Ferrell are of The legal heirs similarly 29) action. but not named as parties to this located at 793 and/or interest of in the Plaintiffs claim an estate property ownership 30) NY pursuant Article 15 of the action to 11206 and this Avenue, Brooklyn, bring Willoughby compel a determination of all claims adverse to Law to Real Actions and Proceedings Property defendants. plaintiffs made the the by A THIRD AS AND FOR ACTION CAUSE OF allegation contained in the reallege each and Plaintiffs reiterate and repeat, 31) every with full and effect as if hereinafter set forth at length. paragraphs the same force foregoing Upon information and the attempted conveyance of the to the belief, 32) property effect. defendants was made based upon void instruments and of no legal force and a result of As same the conveyance is fraudulent as to the defendants. 33) Based on the the plaintiffs are to a judgment wherein the documents entitled forgoing, 34) dated November 10. November 2001 and be which June 2006 to deeds 1999, 21, 27, purporting attempted to transfer One Hundred percent of at 793 the premises located (100%) Willoughby 6 of 8

7. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 NY null void. 11206 are declared and Avenue, Brooklyn, judicially WHEREFORE plaintiff demands: the 1. A judgment other legal of the rights and relations the parties, declaring specifically in the plaintiffs possessed of an undivided percentage fee that are title owners and seized and appurtenant thereto simple absolute of the and entitled to exercise all rights premises, including other documents them to be owners but not limited to and a deed or executing recording showing of of record the Premises: A judgment 15 of a determination 2. pursuant to Article the Real Law to compel Property of all claims adverse the made the to plaintiffs defendants; by A judgment 3. wherein the document November November 2001 dated 1999, 10, 21, and June to be deeds transfer One Hundred which attempted to 27, 2006, purporting (100%) NY percent of the premises located at 793 11206 are Brooklyn, Avenue, Willoughby judicially declared null and void. A judgment 4. for such other and further relief as is just and proper. NY Dated: Brooklyn, November 2019 10, ANDREW M. ESQ. SEL, for the Plaintiffs Attorney EARL AMERICAN R. DAVIS, REGIONAL REAL ESTATE PARTNERS LCD HOLDING CORP. INC., WILLOUGHBY PARK INVESTORS and INC 44 Court Suite 906 Street, NY New 11201 York, 222- 718 1720 7 of 8

8. FILED: KINGS COUNTY CLERK 11/11/2019 05:20 PM NYSCEF DOC. NO. 1 INDEX NO. 524565/2019 RECEIVED NYSCEF: 11/11/2019 VERIFICATION of law before the Courts an admitted to practice the undersigned, I, attorney duly of New of perjury: affirm under the State York, hereby penalty I am in within matter. the for Plaintiffs the attorney thereof and the same know the contents I have read the annexed COMPLAINT, on which to be alleged except those matters therein are stated true are to my knowledge, for belief them true. The information and as to those matters I believe to be basis and my belief, file. I make this a review of in is conversations with client and documents as to those matters my than of plaintiffs reside in acounty other of plaintiffs because some the verification instead the I maintain office. where my NY Dated: Brooklyn November 2019 10, ANDREŸV M. KRIS L 8 of 8