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MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

UNITED STATES DISTRICT COURT

SUPREME COURT OF THE STATE OF NEW YORK

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MELINDA THEW COOPER,

Plaintiff,

-againstLARRY THEW; JOHN THEW; LARRY THEW, as Executor of

the Estate of Richard Thew; JOHN THEW, as Executor of the

Estate of Richard Thew; LARRY THEW, as successor cotrustee of the Gerald Thew Family Trust; JOHN THEW, as

successor co-trustee of the Gerald Thew Family Trust; LARRY

THEW as co-trustee of the R.W. Thew Trust a/k/a the R.W.

Thew Irrevocable Living Trust; JOHN THEW, as co-trustee of

the R.W. Thew Trust a/k/a the R.W. Thew Irrevocable Living

Trust; THE CURRY FAMILY PARTNERSHIP; TACONIC 82,

INC.; LARRY THEW, as an officer and/or director of TACONIC

82, INC.; JOHN THEW, as an officer and/or director of

TACONIC 82, INC.; REED SMITH, LLP; STEPHEN P.

O’HARE, ESQ.; WILLIAM J. O’HARE, ESQ.; O’HARE &

O’HARE, P.C.; MICHELE THEW; and PATRICIA CARSON,

Defendants.

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AFFIDAVIT OF RICHARD

R. DuVALL IN

OPPOSITION TO MOTION

BY JOHN THEW, LARRY

THEW, MICHELE THEW,

AND TACONIC 82, INC. TO

DISMISS THE

COMPLAINT

04 CV 8928

Assigned Magistrate:

 Hon. Colleen McMahon,

 USDJ

STATE OF NEW YORK )

) SS.:

COUNTY OF DUTCHESS )

Richard R. DuVall being duly sworn, deposes and says:

1. I am a member of the law firm of McCabe & Mack LLP, attorneys for plaintiff in

the above referenced matter.

2. Except where otherwise indicated, I make this affidavit of my own personal

knowledge based upon my review of the documents annexed hereto. 

3. Attached hereto as Exhibit “1” is a true and accurate copy of a Decision and

Order dated October 28, 2004 of Hon. James D. Pagones, Dutchess County Surrogate’s

Court.

4. Attached hereto as Exhibit “2” is a true and accurate copy of the Declaration of

Trust of the Gerald Thew Family Trust, dated April 1, 1994. 

5. Attached hereto as Exhibit “3” is a true and accurate copy of a Deed dated

April 1, 1994, recorded November 13, 1996 in Liber 1986 of Deeds at Page 452 in the

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MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

Dutchess County Clerk’s Office, purporting to fund the Gerald Thew Family Trust with, at a

minimum, several hundred acres of real estate.

6. Attached hereto as Exhibit “4” is a true and accurate copy of a Trust document

dated May 17, 2002, the "R.W. Thew Irrevocable Living Trust".

7. Attached hereto as Exhibits “5”, “6”, and “7” are true and accurate copies of

three Deeds dated May 17, 2002, purporting to convey approximately 124 acres of real

property from the Gerald Thew Family Trust, for no consideration.

8. Attached hereto as Exhibit “8” is a true and accurate copy of a deed, dated

May 29, 2002, purporting to convey property from the Gerald Thew Family Trust to Larry and

Michele Thew for no consideration.

9. Attached hereto as Exhibit “9” is a true and accurate copy of Deed purporting

to convey approximately 128 acres from the Gerald Thew Family Trustto the "R.W. Thew

Trust".

10. Attached hereto as Exhibit “10” is a true and accurate copy of an Affirmation of

William Bagliebter, dated August 25, 2004 and filed in Dutchess County Surrogate’s Court.

11. Attached hereto as Exhibit “11” is a true and accurate copy of a Deed

purporting to convey the Thew Orchard from the R.W. Thew Trust to Richard Thew as

Trustee of the Thew Family Trust.

12. Attached hereto as Exhibit “12” is a true and accurate copy of a Deed

purporting to convey the Thew Orchard from Richard Thew as Trustee of the Thew Family

Trust to the Curry Family Partnership. 

13. Attached hereto as Exhibit “13” is a true and accurate copy of a closing

statement provided by Reed Smith from the sale of the Orchard Property to the Curry Family

Partnership. 

14. Attached hereto as Exhibit “14” is a true and accurate copy of two pages from

Reed Smith’s escrow account reports, provided to this office by Reed Smith.

15. All of the annexed are either publicly filed documents, similar to the documents

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MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

annexed to the affidavit of Kathryn Beller submitted in support of defendants’ motion, or

expressly described in or attached to the complaint.

I declare the foregoing to be true and correct under pains and penalties of perjury.

DATED: Poughkeepsie, New York

February 2, 2005

 

RICHARD R. DuVALL (RRD-8967)

TO: Kathryn Beller, Esq.

Kurzman, Eisenberg, Corbin, Lever

 & Goodman, LLP

Attorneys for Defendants Thew

One North Broadway

White Plains, NY 10601

William BagliebterEsq.

Reed Smith, LLP

Attorneys for Reed Smith LLP

599 Lexington Avenue

New York, NY 10022-7650

Thomas Halley, Esq.

Attorney for Remaining Defendants

80 Washington Street

Poughkeepsie, NY 12601

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MCCABE & MACK LLP, ATTORNEYS AT LAW, POST OFFICE BOX 509, POUGHKEEPSIE, NY 12602

EXHIBIT LIST

Exhibit 1 - Pagones’ Decision and Order

Exhibit 2 - Gerald Thew Family Trust Declaration of Trust

Exhibit 3 - Deed (Gerald Thew to Trust) dated 4/1/94, recorded 1996 

Exhibit 4 - RW Thew Irrevocable Living Trust Declaration of Trust

Exhibit 5 - Deed 5/17/02 Doc # 2002-7542

Exhibit 6 - Deed 5/17/02 Doc # 2002-7543 

Exhibit 7 - Deed 5/17/02 Doc # 2002-7552 

Exhibit 8 - Deed 5/29/02 Doc # 2003-3563

Exhibit 9 - Deed 4/1/03 Doc # 2003-4641

Exhibit 10 - Affirmation of Bagliebter 

Exhibit 11 - Deed 12/19/03, Doc # 2003 10736

Exhibit 12 - Deed 12/19/03 Doc # 2003-10738 

Exhibit 13 - Closing Statement

Exhibit 14 - Reed Smith Escrow Accounting

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