Lawsuit is neither frivolous nor unnecessary

To the Editor:

This letter is made in response to the Enterprise’s Jan. 6 article about Stuyvesant Plaza Inc.’s pending lawsuit [“Stuyvesant Plaza is claiming squatter’s rights on ‘small parcel’”], and the letter to the editor submitted by Scott Simmons, one of the parties to the lawsuit [“Stuyvesant Plaza going against four upstanding citizens”].

We do not intend to litigate this case in the media, but the characterization of some of Mr. Simmons’s statements warrants this response.

The land is a tiny landlocked parcel adjacent to the office park (Executive Park) lands of Stuyvesant Plaza Inc., Niagara Mohawk (National Grid), and the Adirondack Northway. The parcel is not on the assessment rolls with the town of Guilderland, and has been maintained by Stuyvesant Plaza for decades.

It is Stuyvesant Plaza’s position that it has acquired title to this parcel in accordance with New York State law, and the lawsuit intends to formally establish that fact. The law requires that Mr. Simmons and his brothers be included as parties to the lawsuit to remove any potential claims of interest that they may hold as the last surviving heirs of their grandfather, Harry Simmons, who divested himself of his property along Fuller Road more than 50 years ago.

The lawsuit is neither frivolous nor unnecessary. It was commenced only after every effort was made to secure the cooperation of Mr. Simmons and his brothers, which was unsuccessful.

The lawsuit also is totally unrelated to Stuyvesant Plaza Inc.’s relationship with WS Development, which closed in March 2022 and involves only the Stuyvesant Plaza shopping center located far from where this parcel is located. WS Development does not own or manage Executive Park and is not affiliated with the pending lawsuit.

Bridget M. Schultz

Maynard, O’Connor,

Smith & Catalinotto, LLP

Albany

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