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Plaintiff Claims She was Defrauded in Real Estate Transaction, NY Appellate Court Disagrees


The plaintiff in the case is Willie B. Sosa. The defendants in the case are Lorenzo Hines, Eddie Meyers, Harold Hall, and the Estate of Dessie Ree Meyers. The judge in the case is Arthur M. Schack.

About the Case

This is a case that involves a real estate dispute. The real estate in question is the property located at 363 Monroe Street, in Brooklyn, New York. A New York Injury Lawyer said the plaintiff moves to show cause for three branches of relief in the case. The first branch of relief is to stay the thirty-day notice of termination which is dated the 27th of April, 2006. The plaintiff states that this notice violates the notice requirements for ending a tenancy.

The second branch of relief is for a declaratory judgment that the notice of termination is a nullity as there is not lease agreement or tenant/landlord relationship between the two parties and the plaintiff is the rightful owner of the property.

The third branch of relief is for the court to issue a restraining order for all actions and proceedings on behalf of the defendants Hines and Myers in respect to the collection of rent and the transfer of the property, pending the outcome of the action of the plaintiff to recover her interest in the property through rescission of deeds that are dated the 28th of December, 1999, and the 31st of March, 2006.

Plaintiff’s Argument

The plaintiff states that she was defrauded in December of 1999 when she deeded the property on 363 Monroe Street to her niece Dessie Ree Myers and her husband Eddie Myers. At the time the plaintiff and her niece were joint tenants with the right of survivorship. A Brooklyn Personal Injury Lawyer said the deed in question is exhibit C of the order to show cause. The witness who signed the deed is Harold Hall, Esq.

The plaintiff states in her affidavit to support her order that she only has a third grade education that she received in the 30s in the state of Mississippi and that she has no experience in legal and financial matters. In the verified complaint, the plaintiff’s attorney states that the plaintiff is 83 years old and that she did not realize at the time that she was signing away her rights to the property, which was a life long investment, her home, as well as her sole asset. The only professional representation at the signing was the lawyer of her niece, Harold Hall, who she states assured her that she was not giving up her property.

Defendants Argument

Mr. Meyers in his defense presents a number of bills, cancelled checks, and other related documents to show that after December of 1999, he and his wife acted as the owners of the premise. The couple paid the real estate taxes, water charges, and the property insurance.

Dessie Ree Myers passed away in March of 2006 and at this time, Mr. Myers deeded the property to Lorenzo Hines, Dessie’s nephew. Hines then proceeded to serve the plaintiff with an eviction notice, which is the premise of the case.

Case Results

The court has found that in the case of the thirty day termination notice, the stay is granted to the plaintiff. A Manhattan Personal Injury Lawyer said the order to show cause that the plaintiff is the rightful owner of the property is denied. The order for a temporary restraining order is also denied.

Legal situations can be intimidating and the only way to know what legal action is in your best interest is to contact a lawyer, whether you have a medical malpractice claim, or have been in a construction accident . The law offices of Stephen Bilkis & Associates have offices conveniently located throughout the metropolitan of New York City. We offer free consultations and can advise you on what type of legal action that you should take for your current situation.

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