SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF PUTNAM

JAMES I. SADLER, CHRISTINE SADLER, RAYMOND UNGER, SUSAN UNGER,

ANGELO D1TOCCO and LAURIE ANN DITOCCO,

Plaintiffs,

SUMMONS

against-

Index No.

ROBERT K1SSH d/b/a MID-HUDSON WASTE, and

CORBELLI LIMITED EQUITY COMPANY, LLC,

/^2-/ / M^S^= 3-

Defendants.

-J n3?l

TO THE ABOVE NAMED DEFENDANTS:

*
no

jg
Hi _c

You are hereby summoned and required to serve upon Plaintiffsattortfty an answer to the complaint in this action within twenty (20) days after the service of this summons, exclusive of thedayof service, or within thirty (30) days afterservice is complete if this summons is notpersonally delivered to you within the State of NewYork. In case of your failure to answer, judgment will be taken against you bydefault forthe reliefdemanded in the complaint.
The basis of the venue is designated as the County in which the Plaintiffs reside, which is in the Town of Carmel, County of Putnam, and Stateof New York.
Dated: Carmel, New York June 7,2012.

WillianfA. Shilling, Jr., Esq. Attorney for Plaintiff

122 Old Route 6

Carmel, New York 10512

(845) 225-7500

Defendants' addresses:

Robert Kissh d/b/a Mid-Hudson Waste

22 Astor Drive

Mahopac, New York 10541

Corbelli Limited Equity Company, LLC

169 Barrett Hill Road

Mahopac, New York 10541

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF PUTNAM
X

JAMES I. SADLER, CHRISTINE SADLER, RAYMOND UNGER, SUSAN UNGER, ANGELO DITOCCO and LAURIE ANN DITOCCO,

Plaintiffs,

VERIFIED COMPLAINT

-againstCORBELLI LIMITED EQUITY COMPANY, LLC,

Defendants.

Index No. /\ .->, /

ROBERT KISSH d/b/a MID-HUDSON WASTE, and

X

^%
0$

is %t 2fe

3 *%

Plaintiffs, by their attorney, William A. Shilling, Jr., Esq., as and for their Verified **
Complaint, respectfully allege the following:
FIRST: That, at all times hereinafter mentioned, Plaintiff, James I. Sadler,

was and still is an individual residing at 219 Barrett Hill Road in the Town of Carmel, County of
Putnam, and State of New York.

SECOND:

That, at all times hereinafter mentioned, Plaintiff, Christine Sadler,

wasand still is an individual residing at 219 Barrett Hill Road in the Townof Carmel, County of
Putnam, and State of New York.

THIRD:

That, at all times hereinafter mentioned, Plaintiff, Raymond Unger,

was and is still an individual residing at 201 Barrett Hill Road, in the Town of Carmel, County of
Putnam, and State of New York.

FOURTH:

That, at all times hereinafter mentioned, Plaintiff, Susan Unger,

was and is still an individual residing at 201 Barrett Hill Road, in the Town of Carmel, County of
Putnam, and State of New York.

FIFTH:

That, at all times hereinafter mentioned, Plaintiff, Angelo DiTocco,

was and is still an individual residing at 41 Maple Lane, in the Town of Carmel, County of
Putnam, and State of New York.

SIXTH:

That, at all times hereinafter mentioned, Plaintiff, Laurie Ann

DiTocco, was and is still an individual residing at 41 Maple Lane, in the Town of Carmel, County of Putnam, and State ofNew York.
SEVENTH: That, at all times hereinafter mentioned, Plaintiffs, James I. Sadler

and Christine Sadler, are the lawful owners of the premises commonly known at 219 Barrett
Hill Road, Mahopac, New York, 10541.

EIGHTH:

That, at all times hereinafter mentioned, Plaintiffs, Raymond

Unger and Susan Unger, are the lawful owners of the premises commonly known at 201 Barrett
Hill Road, Mahopac, New York, 10541.
NINTH: That, at all times hereinafter mentioned, Plaintiffs, Angelo

DiTocco and Laurie Ann DiTocco, are the lawful owners ofthe premises commonly known at 41 Maple Lane, Mahopac, New York, 10541. TENTH: That, at all times hereinafter mentioned, and upon information and

belief, Defendant, Robert Kissh d/b/a Mid Hudson Waste (hereinafter "Kissh"), operates a principal place of business at 22 Astor Drive, Mahopac, New York, and has a mailing address of
P.O. Box 888, Mahopac, New York 10541.

ELEVENTH: That, at all times hereinafter mentioned, and upon information and

belief, Defendant, Corbelli Limited Equity Company, LLC(hereinafter "Corbelli"), was and still is adomestic limited liability company organized and existing under the laws of the State of New
York, with its principal place of business located at 169 Barrett Hill Road, Mahopac, New York.

TWELFTH:

That, at all times hereinafter mentioned, and upon information and

belief, Defendant Corbelli is the lawful owner of the premises commonly known as 205 Barrett
Hill Road, Mahopac, New York 10541.

THIRTEENTH:

That, at all times hereinafter mentioned, and upon

information and belief, Defendant Corbelli is the lawful owner of the premises commonly known
as 209 Barrett Hill Road, Mahopac, New York 10541.

FOURTEENTH:

That, at all times hereinafter mentioned, and upon

information and belief, Defendant Corbelli is the lawful owner of the premises commonly known
as 16 Emest Lane, Mahopac, New York 10541 (hereinafter the "Premises").

FIFTEENTH: That, at all times hereinafter mentioned, and upon information and belief, Defendant Corbelli is the lawful owner of the premises commonly known as 21 Ernest
Lane, Mahopac, New York 10541.

SIXTEENTH: That, upon information and belief, Defendant Kissh leases from
Defendant Corbelli the premises commonly known as 16 Ernest Lane, Mahopac, New York
10541.

SEVENTEENTH:

That, Plaintiffs' properties as referred to in paragraphs

"SEVENTH", "EIGHTH" and "NINTH" (hereinafter Plaintiffs Properties) are directly adjacent to Defendants properties referred to in paragraphs "TWELFTH", "THIRTEENTH",
"FOURTEENTH" and "FIFTEENTH".

EIGHTEENTH:

That, upon information and belief, Defendant Kissh

operates a commercial business on the Premises (hereinafter the "Waste Facility"), despite a
residential zone and a limited pre-datcd non-conforming use, which business includes but is not

limited to: waste transfer station; garbage/rubbish waste facility; garbage/rubbish processing

plant; garbage/rubbish storage; dump truck and vehicle maintenance and repair; and storage of
scrap metal.

NINETEENTH:

That, upon information and belief, Defendant Kissh and his

officers, agents, servants and employees have been operating theWaste Facility since on orabout
June 1,2011.

TWENTIETH:

That, Defendant Kissh and his officers, agents, servants,

and employees operate the Waste Facility and machinery, including but not limited to dump
trucks, garbage trucks, excavators, containers, backhoes, and other construction machinery, required to perform the Waste Facilities' activities virtually 24 hours a day, in a residential neighborhood, and such operation constitutes an unlawful and unreasonable operation and
constitutes a public nuisance.

TWENTY-FIRST:

That, Defendant Kissh and his officers, agents, servants and

employees have caused and still cause a steady and unabated vibration of the walls, ceilings,

hallways and floors of the structures on Plaintiffs Properties.

TWENTY-SECOND: That, in addition, said machinery has caused and still

causes continuous vibration and loud, offensive, continuous incessant hammering, grinding, and

nerve wracking sound and noise which continues throughout the day, night and early morning
hours, and destroys the peaceful and quiet enjoyment of Plaintiffs Properties. Such activity is

conducted at nighttime and on weekends, upon information and belief, in an attempt to conceal

from authorities witnessing the activities being conducted at the Waste Facility. Upon further
information and belief, such activities are in violation of zoning laws, and Defendant Kissh has
expanded the commercial use beyond the legal boundaries and has altered the essential character

of the Premises and the surrounding properties. Upon further information and belief, Defendant

Kissh has willfully filled in designated wetlands and buried potentially toxic construction debris
on the Premises and the surrounding properties.

TWENTY-THIRD: That, the operation of the Waste Facility, and the illegal

storage of the Waste Facilities' dumpsters and containers, has caused vermin, insects, and
rodents to enter upon the lands of Plaintiffs Properties, which vermin, insects and rodents did
not exist prior June of 2011. Upon information and belief, animals living in and around the
Waste Facility have recently tested positively for rabies.

TWENTY-FOURTH: That the operation of the Waste Facility as hereinabove set forth has caused Plaintiffs and Plaintiffs family members to suffer from undue stress and anxiety
affecting the health of said individuals and has potentially caused injury to the nervous system,

interfered with their regular sleeping habits and in other ways affected the health of said
individuals Plaintiffs' children's have been unable to maintain regular sleep patterns and the

childrens' academic performances have suffered. Constant blinding headlights are shone into
living areas of Plaintiff s Properties and vehicles equipped with back-up alarms continually cause
disruption to enjoyment of Plaintiff s Properties.

TWENTY-FIFTH:

That, Plaintiffs Properties have decreased and diminished

in value as a result of Defendant's operation of the Waste Facility and that the continued operation of the Waste Facility will render Plaintiffs Properties uninhabitable, and certainly
unsaleable, will cause irreparable injury to Plaintiffs, and Plaintiffs have been and will be

prevented from occupying the same, and have been and will continue to be prevented from enjoying their Properties peaceably, comfortably, and quietly.
TWENTY-SIXTH: That, Plaintiffs have duly demanded of Defendants that

Defendant Kissh cease the operation ofthe Waste Facility and refrain from causingthe vibration,

noises and odors complained of herein, but, such demands have been ignored and refused. In
addition, upon information and belief, local authorities including but not limitedto police and the

Town of Carmel Building Department officials have ordered Defendant to cease and desist its

operations. Upon further information and belief, Defendant has ignored such orders.
TWENTY-SEVENTH: That, the acts of Defendant Kissh as aforesaid

constitute an unreasonable use of the Premises and a nuisance injurious to the Plaintiff and
Plaintiffs properties.

TWENTY-EIGHTH: That, upon information and belief, Defendant Kissh's use ofthe Premises is illegal and a violationofthe Carmel Town Zoning Ordinance.

TWENTY-NINTH:

That, upon information and belief there is a pending

criminal action by the Town of Carmel against Defendant Kissh in connection with the unlawful
use of the Waste Facility.

THIRTIETH: That, Defendant Corbelli is aware of the Defendant Kissh's use of

the Premises, and permitsthe Waste Facility to operate as such, even though the use is illegal and
has knowledge of the its use as an illegal Waste Facility.

WHEREFORE, Plaintiffs demand judgment and Defendants, their officers,

agents, servants and employees:

1.

That Defendants forever be restrained from continuing the operation of the

Waste Facility, and from causing the vibration, noises and odors

complained of and from injuring, destroying, damaging or in any other

way interfering with Plaintiffs Properties or any part thereof and from interfering with the quiet and peaceable enjoyment of said premises by
Plaintiffs;

2.

That Defendants pay to Plaintiffs the sum of Three Million ($3,000,000.00) Dollars in damages done and suffered because of the
said acts of Defendants; and

3.

That Plaintiffs have such other relief as to the court may seem just and

proper, together withthe costs and disbursements of this action.

William A. Shilling, Jr., P.C. By: William A. Shilling, Jr., Esq. Attorney for Plaintiffs
122 Old Route 6

Carmel, New York 10512 (845)225-7500