Christopher Cummings, Elizabeth Gerrard v. Peter E. Gumpel, Trustee Of The Peter E. Gumpel 2020 Revocable Trust, Office Of The Westchester County Clerk

Plaintiffs bring this action in equity and under the provisions of Article 15 of the RPAPL

and CPLR 3001 seeking and Order and Judgment (i) compelling defendant Peter E. Gumpel, Trustee of

the Peter E. Gumpel 2020 Revocable Trust (“Gumpel”) to duly execute a bargain and sale deed with

covenants against grantor’s acts (and requisite tax transfer documents), recordable in the Westchester

County Clerk’s Office, conveying to Plaintiffs real property commonly known as 4 Braxmar Drive, Town

of Harrison, New York 10528 (Block 312, Lot 4) (“Property”) in accordance with a March 10, 2023

contract of sale for the Property between Gumpel and Plaintiffs (“Contract”); (ii) declaring Plaintiffs the

fee owners of the Property to the exclusion of any right, title, or interest of Gumpel (and any person or

entity succeeding or claiming to have rights by, through, or under Gumpel) as of June 6, 2023; (iii)

reforming a certain deed for the Property (together with forms TP-584, RP-5217, and IT-2663) from

Gumpel to Plaintiffs, dated June 6, 2023 and executed by Gumpel’s agent to be deemed signed directly

by Gumpel and duly acknowledged; (iv) in the alternative to reformation, appointing a Referee to execute

a deed for the Property (together with forms TP-584, RP-5217, and IT-2663) as Gumpel’s agent; (v)

Causes of Action

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION

1. Specific Performance

2. Reformation

3. Declaratory Judgment

4. Appointment of a Referee – in the alternative

5. Constructive Trust/Vendee’s Lien – in the alternative