FILED: RICHMOND COUNTY CLERK 02/08/ :03 PM INDEX NO /2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/08/2017. Plaintiffs, Defendents

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1 Supreme Court of the State of New York County of Richmond Robert L. Lobaito and Linda J. Bruno Index Number: /2017 Plaintiffs, -against- Answer Dennis Lobaito and Joseph A. Lobaito Defendents As and for his / her answer to the complaint herein, the defendant Joseph A. Lobaito, respectfully shows and alleges as follows: Complaint Answer 1. At all times mentioned in this complaint the plaintiff ROBERTL. LOBAITO, was and is an individual domiciled and residing in the State of New York, County of Richmond Borough of Staten Island. 1 of 12

2 2. At all times mentioned in this complaint the plaintiff LINDA J. BRUNO, was and is an individual domiciled and residing in the State of Florida. 3. Upon information and belief, and at all times hereinafter mentioned, the Defendant DENNIS LOBAITOwas and is an individual domiciled and residing in the State of New York, County of Richmond, Borough of Upon information and belief, at all times hereinafter mentioned the Defendant JOSEPHA. LOBAITOwas and is an individual domiciled and residing in the State of New York, County of Richmond, Borough of At all times hereinafter mentioned the Plaintiff and the Defendants were brothers and sister. 6. On or about June 9, 2011, the Plaintiffs and Dependents did become owners of certain real property located in the County of Richmond, City, Borough of Staten Island and State of New York described on the Official Tax Maps for the City of New York as Block 3046, Lot 220, Borough of 2 of 12

3 Staten Island, City of New York, (hereinafter referred to as the "property"). Said property is also commonly known as 108 Windermere Road, Staten Island, New York, and is bounded and described as noted on the attached Schedule A to this Complaint. A copy of the Deed into the parties to this action is attached hereto as Exhibit B to this complaint. 7. The ownership interest as listed on the deed as "TENANTS IN COMMON WITH NO RIGHTOF SURVIVORSHIPEACHPOSSESSINGA TWENTY-FIVE PERCENT(25%) INTERESTIN SAID PREMISSES". 8. A certification provided by Real Abstract Ltd., a title abstract company organized under the laws of the state pursuant to CPLR/4523, as to the ownership of the property and any mortgages and/or liens affecting the property of the parties is attached hereto as exhibit C. 9. An attempt to sell the property ~as undertaken by the parties in the past and contracts to sell the property were executed on or about February 17, of 12

4 10. On or about April 8, 2016, an attempt to close on the sale of the subject property took place, at which time the Defendant DENNIS LOBAITO refused to transfer his interests in the property as he had liens recorded against which exceeded the amount he was to receive from the sale. 11. Since that date the plaintiffs have attempted to sell the subject property and the Defendant DENNIS LOBAITO has failed, refused or otherwise neglected to cooperate and facilitate the sale of the property. (the Plaintiffs have never attempted to sell the subject property to my knowledge) 12. Upon information and belief, since that date the plaintiffs have attempted to sell the subject property and the Defendant JOSEPHA. LOBAITO has failed, refused or otherwise neglected to cooperate and facilitate the sale of the property. (the plaintiffs have never attempted to sell the subject property to my knowledge and the complaints have never attempted to communicate with 4 of 12

5 the Defendant JOSEPHA. LOBAITO in any form either by phone, text or mail and it is the complaints who have neglected to cooperate and facilitate the sale of the property) 13.Recently, the Defendant DENNIS LOBAITO has stated that he refuses to sell the subject property and refuses to see the plaintiff LINDA J BRUNO receive compensation for her interest in the property. Lack enough information to respond to Plaintiffs allegations 14.The Defendant DENNIS LOBAIlO has refused to cooperate in securing homeowners or other insurance on the subject property, causing the plaintiffs risk of loss, possible damages, and needless consternation. Lack enough information to respond to Plaintiffs allegations ls.upon information and belief, the Defendant JOSEPHA. LOBAITO has joined and cooperated with Defendant DENNIS LOBAITO in these positions regarding the ownership of the Property, the interests of the plaintiff, LINDA J. BRUNO and the injury to both plaintiffs. 5 of 12

6 (this is a untruth the Defendant JOSEPHA. LOBAITO has not joined or cooperated with the Defendant DENNIS LOBAITO in any of the alleged positions regarding the ownership of the Property, the interests of the plaintiff, LINDA J. BRUNO, and the injury to both Plaintiffs) 16. As a result of the defendants actions and refusals the Plaintiffs have no alternative but to seek the partition of the property, with the hope that property be sold and the parties each receive their respective shares and interest in the property. (the Defendant Joseph A. Lobaito has never refused the Plaintiffs and has and continues to actively pursue the sale of the. said property and therefore the partition of the property should be denied) 17. The parties own no other lands in common. 18. The property at issue is improved by a one family residence and cannot be partitioned without great prejudice to the owners. 6 of 12

7 19.The Plaintiffs ROBERT L. lobaito and LINDA J.BRUNO ask this Court to partition the property herein described, or if to be found that a partition cannot be done without great prejudice to the owners, a referee to sell the property to the highest bidder with all liens satisfied and the balance distributed to the parties according to their interests in the property. 20. Plaintiff repeats and re-alleges each and every allegation contained in paragraphs "I" to "18" of this complaint as if stated in their entirety herein. 21. Plaintiff ROBERT L. LOBITO, during the period of ownership of property expended significant sums, far in in excess of the sums expended by the defendants, to the maintenance, upkeep, repair and improvements to the property and far in excess of his pro rata interest in the property. 22.Plaintiff ROBERT L. LOBAITO respectfully demands an accounting and an ascertainment of the parties' rights and interests to the property. 7 of 12

8 23.Plaintiff ROBERTL. LOBAITOfurther demands, respectfully, that the accounting and ascertainment of the parties' rights and interest be used as a basis to determine the allocations of proceeds from any sale of the real property, after the satisfaction of any liens upon the property. 24.Plaintiff ROBERTL. lobaito further demands respectfully that any lien against one of the individual owners but not related directly to the property, be assessed only against that individual's interest in the property and that the interest of the remaining owners be free and clear of any such liens. 2S.Upon information and belief, the Plaintiff LINDA J. BRUNO, during the period of ownership of the property expended significant sums, far in ' excess of the sums expended by the Defendants, to the maintenance, upkeep, repair and improvement to the property and far in excess to her pro rata interest in the property. 8 of 12

9 26.Plaintiff LINDA J. BRUNO respectfully demands an accounting and an ascertainment of the parties' rights and interest to the property. 27.Plaintiff LINDA J. BRUNO further demands, respectfully, that the accounting and ascertainment of the parties' rights and interests be used as a basis to determine the allocations of proceeds from any sale of the real property, after the satisfaction of any liens upon the property. 28.Plaintiff LINDA J. BRUNO further demands, respectfully that any lien against one of the individual owners but not related directly to the Property, be assessed only against that individual's interest in the property and that the interest of the remaining owners be free and clear of any such liens. WHEREFORE,Defendant JOSEPHA.LOBAITO seeks dismissal of Plaintiff's ROBERTL. LOBAITO and LINDA J. BRUNO Complaint. 1. On the first Cause of Action for dismissing this complaint is herein on the basis that the Defendant JOSEPHA. LOBAITO has from the onset 9 of 12

10 attempted to sale the property at 108 Windermere Road, Staten Island NY. I was the seller who originally listed the said property with a license real-estate agent and nearly sold the property on and about April This was indicated from the Plaintiffs with in this complaint. In addition I have re-listed this property with this agent. I want to make it clear to the courts that I want to sell the said property at a fair market price. And it was the Plaintiffs ROBERTl. lobaito and LINDA J. BRUNO who have failed, refused or otherwise neglected to cooperate and facilitate the sale of the property. The evidence I am about to disclose to the courts should prove my point, the Plaintiffs have never attempted to communicate with the Defendant JOSEPHA. LOBAITO over the period of several years let alone months. There is no documented attempt at a single phone call, ernall or conventional mail. 2. On the Second Cause of Action the Defendant JOSEPHA. LOBAITO respectfully seeks that the courts absolve the said Defendant JOSEPHA. 10 of 12

11 LOBAITOfrom this complaint based on the reasons and evidence stated above contained in the first Cause of Action set by the Defendant. Staten Island, New York HOLlV K ROMANO NOTARY PUBLIC-STATE OF NEW VORl< No. 01 R Qualified In Richmond countv >,.[2cJ "';\f Commission Expires September 12, ~~O. Joseph A. Lobaito 365 Kinghorn Street Staten Island, New York Telephone of 12

12 V ERIFICA TION STA TE OF NEW YORK COUNTY OF (i/t/a,nul.-lss:, being duly sworn, deposes and says: I am theta defendant in the above-entitled action. I have read the foregoing answer and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe them to be true. [Sign your 'Came in front of a Notary] 3'Okf?l.. 4 Loba,;,b [print your name] Sworn to before me this ~day of kq,h ',20U- ~~ otary Public IeIOUV I( ~OMANQ NOTARY PUBLIC -STATE OF NEW VORl< No. 01R Qualified In Richmond County My Commission Expire, September 12.. Qc; Q..QJ 12 of 12