All:
We have a response from Ms. Carr, and in fairness, I will show it to you in its entirety. I will then tell you what the judge from the Supreme Court of New York said.
Download the two court documents here.
Here is Ms. Carr’s statement:
Allegations have been circulating in the Bedford community that question my honesty and have challenged my integrity. The allegations regarding my residence at Nottingham have been one-sided. There have been legal documents distributed through emails and social media that suggest that I acted unethically in my dealings with Thea Fry, a person with whom I shared a longstanding friendship.
I knew Thea Fry for seven years prior to the purchase of the condo in which I currently reside. Thea Fry and I had a mutual friendship. We had dinners together, went to the movies and attended local public events around town together. We talked and visited with one another often. I helped her when she got sick to get to and from the hospital, going to pick up groceries and medication when she was unable to do so for herself.
The apartment was, in fact, a gift. Thea Fry’s own deposition shows this to be true. (Copy and paste this link in your browser: https://tinyurl.com/ybypsjo3) Thea was concerned that I have a place for my daughter and me to live. Upon hearing that I was looking for a home in Bedford, she offered to purchase a condo for me that I found in Bedford Hills. She went to look at it with me and she said it was so modestly priced that she would just buy it outright for me.
She stated that she had planned to leave monies for me in her will, and she wanted to do it now because she knew I was a single mother and she wanted to let me enjoy now what she planned to leave me in her will. She insisted on buying the property and including my name on the deed. She used her own attorney for all the legal processing of documents. The only time I would come in contact with signing any legal papers was when I was accompanied by Thea Fry to go to see her own attorney. Thea Fry asked her attorney to assign me the right to survivorship in the case of death.
I asked Thea Fry several times whether she was sure she wanted to do this. She always said, “Yes, I’m very sure.” She said she thought of me being closer to her than any other family member or friend.
When her feelings changed, and she decided that she was no longer happy with that agreement, I asked her to meet with me with a mediator. She refused. Later, when I was able to secure a loan to pay her what she had paid plus her costs, my attorney made this offer to her, and through her attorney, she refused.
Now, more than six months after the court has issued its decision, the documents of Thea Fry as plaintiff are circulating, giving the impression that one side is the whole story. The property is now to be sold and the court has ordered funds from the sale to be put in an escrow account until a hearing, which will determine how the proceeds should be split.
During these months, I have served this Town on the Town Board with openness, fairness, and my full attention, as I believe my record shows. The nature and dissemination of the documents have been timed to do damage to my candidacy, and to my colleagues with whom I am running. I trust that anyone who has known of, or been involved in, litigation will recognize this as an attempt to mislead voters, and will not be fooled.
And here is what Judge Samuel Walker of the State Supreme Court said:
“Lastly, even though the property is held as joint tenants, all of the evidence including the parties written agreements seems to indicate that the Plaintiff (Mrs. Fry) is the true owner of the property. Defendant (Ms. Carr) offered no credible opposition to Plaintiff’s contention either through oral testimony at her deposition or by producing documentary evidence to the contrary.”
This is not me opining on any of this. This is a judge rendering a summary judgement. It is worth noting that there are two separate loan agreements which Ms. Carr signed which directly contradict her statement above.
Again, don’t take my word for it. Read the summary judgment for yourself. It was in my last email. The quote above is on page 10. This is not a “he said, she said” situation.
Sincerely,
Scott