The dispute began in 1995 when Kimberly Rice, a tenant of 123
S. Gill St., telephoned Doris Myers, Barry and Joel's mother and
the property manager of the South Gill Street house, and asked
if she could leave a few items in the living room of the house
beyond the terms of her lease, which expired at noon August 14.
Doris Myers told Rice to call the new tenants and work the situation
out with them. An informal agreement was made between Rice and
Jeffery Otis, one of the incoming tenants, for Myers to leave
a few items behind in the house.
When Rice, Megan Kavanagh and Jaima Dixon arrived at 123 S. Gill
St. August 17, they found most of their property had been placed
outside by the new tenants. Many of their items were either damaged
or missing.
At this point, Michael Kavanagh, District Attorney of Ulster County,
New York, and Megan's father, filed a lawsuit against Doris Myers.
Michael Kavanagh and the women also asked Joel Myers, the property
owner, to resign from his position on the Board of Trustees, Barry
Myers said.
"It got ridiculous, quite candidly," he said.
Many investigations were done by different agencies and none of
those investigations found any basis for the claims made against
Doris Myers. The State College Police Department and the district
attorney investigated the situation, Barry Myers said.
"Whether this was simply an intent to collect money or seek
publicity, no one knows." he said.
Both sides of the situation -- the former tenants, the property
manager and her family -- have agreed through their lawyers and
much paperwork to end the dispute and court proceedings.
Yet, each side agreed to end the lawsuits for very different reasons.
Barry Myers said his brother agreed to drop the lawsuits in exchange
for a letter of apology for involving Joel in the situation.
"All along Joel Myers claimed he had nothing to do with it,"
Barry said. "At most it was a misunderstanding between incoming
and outgoing students."
Barry Myers said his brother had taken the position that he would
not pay money to the plaintiffs, the former tenants.
He said when Joel Myers asked the plaintiffs to supply under oath
what the nature of their claims were, the plaintiffs opted to
settle. Michael Kavanagh sent a letter of apology to Joel Myers,
Barry Myers said.
But Michael Kavanagh said the letter he sent is not a letter of
apology.
"In return for their dropping the libel and slander suits
(that the Myers filed against the plaintiffs), I agreed and Megan
agreed to drop suits in the small claims court."
He said the women decided to drop the suits because Megan, who
has now graduated from the University, is getting on with her
life.
However, Michael Kavanagh said, the other reason he decided to
drop the suits was to end the legal problems.
Joel Myers said none of the allegations brought against him were
proven and he is willing to let bygones be bygones.
But Michael Kavanagh stressed he did not drop the lawsuit because
he was apologizing for beginning the court battle. He said he
hopes the situation informs the University of the uneven balance
between landlords and tenants.
"The University has to do a better job so that the kids get
a fair shake," Michael said.
Neither side has talked or met in person and all agreements were
made through lawyers. The settlement went into effect Jan. 3.
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