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FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--------------------------------------------------------x
Yuanqing Liu and NYC Happy Housing Index No. 804471/2023E
LLC,
RESPONSES TO
Plaintiffs, DEFENDANTS’ COMBINED
DEMANDS
-against-
E&A RE Capital Corp. and Arihay Kaikov,
Defendants.
---------------------------------------------------------x
Plaintiffs Yuanqing Liu and NYC Happy Housing LLC, by their
attorneys, Borchert & LaSpina, P.C., hereby respond to the combined
demands dated May 18, 2023 by defendants E&A RE Capital Corp. and
Arihay Kaikov. Plaintiffs reserve the right to supplement their response to
defendants’ demands if and when such supplemental documentation is
discovered or located.
DOCUMENTS TO BE PRODUCED
1. The contract of sale, dated October 26, 2018, entered between
Defendants and Plaintiff, for the Subject Premises.
RESPONSE: Responsive documents are annexed hereto as
“P28-36”.
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2. The deed, dated August 7, 2019, from Defendants to Plaintiff,
conveying title to the Subject Premises.
RESPONSE: Responsive documents are annexed hereto as
“P47-50”.
3. Any and all documents evidencing any payments made by
Plaintiff to Defendants, including, but not limited to, the alleged $880,000
paid in exchange for the deed, as alleged in Paragraph 10 of the
Complaint.
RESPONSE: Responsive documents are annexed hereto as
“P1-476”.
4. The corporate resolution, executed by Defendants, to sell the
Subject Premises.
RESPONSE: Responsive documents are annexed hereto as
“P37”.
5. The mortgage payoff affidavit, allegedly executed and delivered
by Defendants to Plaintiff, wherein Defendants represented that Plaintiff’s
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agents would rely upon such affidavit, as alleged in Paragraph 14 of the
Complaint.
RESPONSE: Responsive documents are annexed hereto as
“P73”.
6. The title affidavit, allegedly executed and delivered by
Defendants to Plaintiff, wherein Defendants represented that Plaintiff’s
agents would rely upon such affidavit, as alleged in Paragraph 15 of the
Complaint.
RESPONSE: Responsive documents are annexed hereto as
“P74-76”.
7. Any and all documents evidencing that Defendants’ alleged
representations to Plaintiff were false, as alleged in Paragraph 16 of the
Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
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8. Any and all documents evidencing that Defendants’ alleged
representations to Plaintiff were made with the intent that Plaintiff would
rely upon such representations, as alleged in Paragraph 17 of the
Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
9. Any and all documents evidencing that Plaintiff relied upon
Defendants’ alleged representations in Plaintiff’s agreement to purchase
the Subject Premises, as alleged in Paragraph 18 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
10. Any and all documents presented at and/or relating to the
closing for the Subject Premises, including, but not limited to, checks,
closing statements, affidavits, title reports, certificate of titles, attendance
sheets, memos, letters, understandings, etc.
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RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
11. Any and all documents evidencing that Defendants received
$264,286.22 from the sale of the Subject Premises to Plaintiff, as alleged in
Paragraph 25 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
12. Any and all documents evidencing that Defendants used any
money received from the sale of the Subject Premises for purposes
unrelated to E&A Re Capital Corp., as alleged in Paragraph 26 of the
Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
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13. Any and all documents evidencing that Defendants are unable
to return to Plaintiff any money received from the sale of the Subject
Premises, as alleged in Paragraph 27 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
14. Any and all documents evidencing that any money received by
Defendants for the sale of the Subject Premises belongs to Plaintiff, as
alleged in Paragraph 28 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
15. Any and all documents evidencing Defendants’ wrongful
retention of Plaintiff’s alleged money, as alleged in Paragraph 29 of the
Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
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16. Any and all documents evidencing that Defendants have held
any monies allegedly belonging to Plaintiff in constructive trust for Plaintiff,
as alleged in Paragraph 31 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
17. Any and all documents evidencing any and all income, interest,
and benefits derived from the investment of monies in the aforementioned
trust, as alleged in Paragraph 32 of the Complaint.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
18. Any and all documents evidencing that Plaintiff is entitled to the
corpus of the aforementioned trust, as well as any and all alleged income,
interest, and benefits derived from the investment of monies in the
aforementioned trust, as alleged in Paragraph 32 of the Complaint.
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RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
19. Any and all documents evidencing that Defendants did not
convey title to the Subject Premises to Plaintiff, as alleged in Paragraph 37.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
20. Any and all documents evidencing that Defendants breached
their contract and deed covenant with Plaintiff, as alleged in Paragraph 38.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
21. Any and all documents evidencing any damages allegedly
incurred by Plaintiff.
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RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
22. Any and all documents evidencing Plaintiff’s interest in the
Subject Premises, including, but not limited to, mortgage applications,
commitments letters, mortgage payments, and cancelled checks
evidencing payment.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
23. All correspondence, letters, memoranda, telephone messages,
telephone memoranda, telephone logs, emails, notices, notes, or other
documents evidencing any and all communications between Plaintiff and
Defendants.
RESPONSE: Objection, this request is vague and overly broad.
Subject to these objections, and without waiver thereof,
responsive documents are annexed hereto as “P1-476”.
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DEMAND FOR DISCOVERY AND INSPECTION
OF ANY STATEMENT OF A PARTY
REPRESENTED BY THE UNDERSIGNED
PLEASE TAKE FURTHER NOTICE, that the undersigned hereby
demands that all parties produce, pursuant to CPLR§3101(e), any
statement by any party represented by the undersigned, whether written,
transcribed or recorded electronically, signed or unsigned.
RESPONSE: Responsive documents are annexed hereto as
“P73-76; 477-496; 47-54”.
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DEMAND FOR WRITTEN REPORTS
PLEASE TAKE FURTHER NOTICE, that the undersigned demands,
pursuant to CPLR§3101(g), that all other parties produce and allow the
undersigned to inspect any written report concerning the occurrences
which are the subject matter of this lawsuit prepared in the regular course
of business operations or practices of any person, firm, corporation,
association or other public or private entity.
RESPONSE: None.
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DEMAND FOR EXPERTS
1. The name of each person that Plaintiff expects to call as an
expert witness at the time of trial or hearing;
RESPONSE: None.
2. The subject matter on which each expert is expected to testify;
RESPONSE:
3. The substance of the facts and opinions upon which each
expert is expected to testify;
RESPONSE:
4. The qualifications of each expert witness; and
RESPONSE:
5. A summary of the grounds for each expert's opinion.
RESPONSE:
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DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
1. The name, address, and telephone number of each person
known or claimed by you or any party you represent in this action to be a
witness to the occurrence alleged in the Complaint in this action.
RESPONSE:
Giselle Gilman, contact unknown.
E&A Re Capital Corp., represented by counsel.
Arihay Kaikov, represented by counsel.
Chelsi Persaud
Anderson, Bowman & Zalewski, PLLC
80-02 Kew Gardens Road, Suite 600, Kew Gardens, NY 11415
718-263-6800 x14
cpersaud@abzlaw.com
Dennis Lan
Lan & Associates, P.C.
39-01 Main Street, Suite 507
Flushing, NY 11354
718-461-9434
lawofficetoday@gmail.com
Michelle Chin, Esq.
Excelsior Land Service, Inc.
516-331-5775 x778
michelle@excelsiorland.online
Yuanqing Liu, represented by counsel.
Deyan Zeng
14424 37th Ave, Apt. 7L,
Flushing, NY 11354
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2. The name, address, and telephone number of each person
known or claimed by you or any party you represent in this action to be a
notice witness to the conditions or any claimed absence of conditions of
Subject Premises at the time of the accident.
RESPONSE: N/A
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Dated: Whitestone, New York
January 12, 2024
Borchert & LaSpina, P.C.
By: /s/ Edward A. Vincent
Edward A. Vincent, Esq.
Attorneys for Plaintiffs
19-02 Whitestone Expwy., Suite 302
Whitestone, NY 11357
(718) 767-3333
TO: VIA NYSCEF
Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP
Attorneys for Defendants
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Attn: Dustin Bowman, Esq.
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P001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------- --------------------- X
MAJADA INC.,
Index No.
Plaintiff,
-against- VERIFIED
COMPLAINT
E&A RE CAPITAL CORP.; GISELLE GILMAN; and
#1" #10,"
"JOHN DOE through "JOHN DOE the last
ten names fictitious and unknown to the plaintiff
being
intended as persons or entities having some claim or
interest in the premises described in the Complaint,
Defendants.
-----------------------------------------------------------X
MAJADA INC. ("Plaintiff"), by its attorneys, Fadullon Dizon Krul, LLP, as for its
complaint respectfully alleges as follows, upon knowledge as to itself and its conduct, and upon
personal knowledge as to the acts and omissions of the Defendants in all other matters that:
Preliminary Statement
1. Plaintiff brings this action pursuant to Article 15 of the New York Real
Property Actions and Proceedings Law ("RPAPL") to compel a determination of claims to real
property located at 1485 Bryant Avenue, Bronx, New York 10460, Block No. 02995, Lot No.
0036 ("Premises"), more particularly described herein.
2. More specifically, Plaintiff brings this action to: (a) void and set aside a
conveyance of the Premises by Defendant GISELLE GILMAN to Defendant E&A RE CAPITAL
CORP., which conveyance took place after Defendant GISELLE GILMAN had already conveyed
same said Premises to Plaintiff; (b) obtain a Judgment from this Court declaring Plaintiff to be the
correct and lawful owner of record of the Premises; and, (c) obtain an Judgment from this Court
declaring that Defendants GISELLE GILMAN and E&A RE CAPITAL CORP.'s interests in the
Premises, if any, to be subordinate to those of Plaintiff.
Verified Complaint
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P002
The Parties
3. Plaintiff MAJADA INC. is a domestic corporation existing under the laws of
the State of New York. Plaintiff is the true owner of the Premises.
4. Upon information and belief, Defendant E&A RE CAPITAL CORP. is a
domestic business corporation existing under the laws of the State of New York.
5. Upon information and belief, Defendant GISELLE GILMAN is a natural person
residing in the County of Kings, City and State of New York.
#1"
6. Upon information and belief, Defendants "JOHN DOE through "JOHN
#10"
DOE are fictitious and unknown to Plaintiff and named as persons or entities who may
potentially have some claim or interest in the Premises.
Jurisdiction
7. Upon information and belief, Defendant GISELLE GILMAN is a
domiciliary of the State of New York whose tortious acts within the state of New York
concerning real property located in New York gave rise to this lawsuit.
8. Upon information and belief, Defendant E&A RE CAPITAL CORP. is a
domestic corporation organized and existing under the laws of the State of New York who claims
to hold an interest in real property situated in the County of Bronx, City and State of New York.
9. Plaintiff MAJADA INC. is a domestic corporation existing under the laws
of the State of New York. Plaintiff is also the rightful record owner of the Premises.
10. The subject Premises, specifically described in the deeds attached hereto as
"A," "B," "C," "D"
Exhibit Exhibit Exhibit and Exhibit is situated within the County of
Bronx, City and State of New York.
2
Verified Complaint
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P003
Factual Allegations
11. Upon information and belief, on or about March 31, 2008, Defendant GISELLE
GILMAN became record owner of the Premises via a deed recorded on or about April 28, 2008,
2008000169695.1 "A."
in CRFN no. A copy of said deed is attached hereto as Exhibit
12. Approximately six and a half years thereafter, on or about October 30, 2014, in
exchange for good and valuable consideration, Defeñdãñt GISELLE GILMAN executed and
delivered a deed in favor of Plaintiff MAJADA INC. ("First Deed"). A copy of said First Deed
"C."
is attached hereto as Exhibit
13. Upon information and belief, shortly thereafter, on or about November 23, 2014,
counsel for Plaintiff MAJADA INC. provided said First Deed to the Office of the City Register
for recording and duly paid all recording fees.
recorded"
14. Upon information and belief, said First Deed was "entitled to be as
required by New York Real Property Law ("RPL") § 317 when counsel provided said First Deed
to the Office of the City Register for recording.
15. However, even though counsel provided the First Deed to the Office of the City
Registrar on or about November 23, 2014, due to a mistake or omission at the Office of the City
Register, the First Deed was erroneously never recorded to reflect the Plaintiff's ownership of the
Premises.
I Use," Defendant
A "Correct Index/Deed-Office ce±i:!:; the March 31, 2008 deed memorializing GISELLE
GILMAN's ownership of the Premises, was recorded on or around October 4, 2012 for the purpose of reflecting the
Use"
name of the owner as shown on the last recorded deed. A copy of said "Correct Index/Deed-Office is attached
hereto as Exhibit "B."
3
Venfied Complaint
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16. Upon information and belief, despite failing to record the First Deed, the Office
of the City Register deposited and/or cashed the check that counsel provided along with the First
Deed.
17. Thereafter, on or about March 20, 2015, upon information and belief, Defendant
GISELLE GILMAN, despite having previously conveyed the Premises for good and valuable
consideration to Plaintiff via the First Deed, executed a deed in favor of Defendant E&A RE
CAPITAL CORP. ("Second Deed"). A copy of said Second Deed is attached hereto as Exhibit
18. The Second Deed was recorded on or about April 14, 2015, in CRFN No.
2015000123304.
19. The First Deed predates the Second Deed by over four months and was provided
to the Office of the City Register for recording over three months before the Second Deed was
executed and recorded.
FIRST CAUSE OF ACTION: RPAPL 6 1501(1)
20. Plaintiff incorporates by reference each of the proceeding paragraphs as
though they were fully set forth herein.
21. Plaintiff MAJADA INC. maintains an interest in the Premises by virtue of the
First Deed, which Defendant GISELLE GILMAN executed and delivered to Plaintiff on October
30, 2014, thereby conveying her interest in the Premises to Plaintiff.
22. Upon information and belief, shortly thereafter, on or about November 23, 2014,
counsel for Plaintiff MAJADA INC. provided said First Deed to the Office of the City Register
for recording and duly paid all recording fees.
4
Venf led Complaint
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23. Thereafter, on or about March 20, 2015, upon information and belief, Defendant
GISELLE GILMAN, despite having conveyed the Premises for good and valuable consideration
to Plaintiff via the First Deed over four months prior, executed the Second Deed in favor of
Defendant E&A RE CAPITAL CORP.
24. The Second Deed was recorded on or about April 14, 2015, in CRFN No.
2015000123304.
25. However, even though counsel provided the First Deed to the City Registrar on
or about November 23, 2014, due to a mistake and/or emission at the Office of the Register,
City
the First Deed was erroneously never recorded to reflect
Preview
FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --------------------------------------------------------x Yuanqing Liu and NYC Happy Housing Index No. 804471/2023E LLC, RESPONSES TO Plaintiffs, DEFENDANTS’ COMBINED DEMANDS -against- E&A RE Capital Corp. and Arihay Kaikov, Defendants. ---------------------------------------------------------x Plaintiffs Yuanqing Liu and NYC Happy Housing LLC, by their attorneys, Borchert & LaSpina, P.C., hereby respond to the combined demands dated May 18, 2023 by defendants E&A RE Capital Corp. and Arihay Kaikov. Plaintiffs reserve the right to supplement their response to defendants’ demands if and when such supplemental documentation is discovered or located. DOCUMENTS TO BE PRODUCED 1. The contract of sale, dated October 26, 2018, entered between Defendants and Plaintiff, for the Subject Premises. RESPONSE: Responsive documents are annexed hereto as “P28-36”. 1 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 2. The deed, dated August 7, 2019, from Defendants to Plaintiff, conveying title to the Subject Premises. RESPONSE: Responsive documents are annexed hereto as “P47-50”. 3. Any and all documents evidencing any payments made by Plaintiff to Defendants, including, but not limited to, the alleged $880,000 paid in exchange for the deed, as alleged in Paragraph 10 of the Complaint. RESPONSE: Responsive documents are annexed hereto as “P1-476”. 4. The corporate resolution, executed by Defendants, to sell the Subject Premises. RESPONSE: Responsive documents are annexed hereto as “P37”. 5. The mortgage payoff affidavit, allegedly executed and delivered by Defendants to Plaintiff, wherein Defendants represented that Plaintiff’s 2 2 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 agents would rely upon such affidavit, as alleged in Paragraph 14 of the Complaint. RESPONSE: Responsive documents are annexed hereto as “P73”. 6. The title affidavit, allegedly executed and delivered by Defendants to Plaintiff, wherein Defendants represented that Plaintiff’s agents would rely upon such affidavit, as alleged in Paragraph 15 of the Complaint. RESPONSE: Responsive documents are annexed hereto as “P74-76”. 7. Any and all documents evidencing that Defendants’ alleged representations to Plaintiff were false, as alleged in Paragraph 16 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 3 3 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 8. Any and all documents evidencing that Defendants’ alleged representations to Plaintiff were made with the intent that Plaintiff would rely upon such representations, as alleged in Paragraph 17 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 9. Any and all documents evidencing that Plaintiff relied upon Defendants’ alleged representations in Plaintiff’s agreement to purchase the Subject Premises, as alleged in Paragraph 18 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 10. Any and all documents presented at and/or relating to the closing for the Subject Premises, including, but not limited to, checks, closing statements, affidavits, title reports, certificate of titles, attendance sheets, memos, letters, understandings, etc. 4 4 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 11. Any and all documents evidencing that Defendants received $264,286.22 from the sale of the Subject Premises to Plaintiff, as alleged in Paragraph 25 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 12. Any and all documents evidencing that Defendants used any money received from the sale of the Subject Premises for purposes unrelated to E&A Re Capital Corp., as alleged in Paragraph 26 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 5 5 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 13. Any and all documents evidencing that Defendants are unable to return to Plaintiff any money received from the sale of the Subject Premises, as alleged in Paragraph 27 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 14. Any and all documents evidencing that any money received by Defendants for the sale of the Subject Premises belongs to Plaintiff, as alleged in Paragraph 28 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 15. Any and all documents evidencing Defendants’ wrongful retention of Plaintiff’s alleged money, as alleged in Paragraph 29 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 6 6 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 16. Any and all documents evidencing that Defendants have held any monies allegedly belonging to Plaintiff in constructive trust for Plaintiff, as alleged in Paragraph 31 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 17. Any and all documents evidencing any and all income, interest, and benefits derived from the investment of monies in the aforementioned trust, as alleged in Paragraph 32 of the Complaint. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 18. Any and all documents evidencing that Plaintiff is entitled to the corpus of the aforementioned trust, as well as any and all alleged income, interest, and benefits derived from the investment of monies in the aforementioned trust, as alleged in Paragraph 32 of the Complaint. 7 7 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 19. Any and all documents evidencing that Defendants did not convey title to the Subject Premises to Plaintiff, as alleged in Paragraph 37. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 20. Any and all documents evidencing that Defendants breached their contract and deed covenant with Plaintiff, as alleged in Paragraph 38. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 21. Any and all documents evidencing any damages allegedly incurred by Plaintiff. 8 8 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 22. Any and all documents evidencing Plaintiff’s interest in the Subject Premises, including, but not limited to, mortgage applications, commitments letters, mortgage payments, and cancelled checks evidencing payment. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 23. All correspondence, letters, memoranda, telephone messages, telephone memoranda, telephone logs, emails, notices, notes, or other documents evidencing any and all communications between Plaintiff and Defendants. RESPONSE: Objection, this request is vague and overly broad. Subject to these objections, and without waiver thereof, responsive documents are annexed hereto as “P1-476”. 9 9 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that all parties produce, pursuant to CPLR§3101(e), any statement by any party represented by the undersigned, whether written, transcribed or recorded electronically, signed or unsigned. RESPONSE: Responsive documents are annexed hereto as “P73-76; 477-496; 47-54”. 10 10 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 DEMAND FOR WRITTEN REPORTS PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to CPLR§3101(g), that all other parties produce and allow the undersigned to inspect any written report concerning the occurrences which are the subject matter of this lawsuit prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. RESPONSE: None. 11 11 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 DEMAND FOR EXPERTS 1. The name of each person that Plaintiff expects to call as an expert witness at the time of trial or hearing; RESPONSE: None. 2. The subject matter on which each expert is expected to testify; RESPONSE: 3. The substance of the facts and opinions upon which each expert is expected to testify; RESPONSE: 4. The qualifications of each expert witness; and RESPONSE: 5. A summary of the grounds for each expert's opinion. RESPONSE: 12 12 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 DEMAND FOR NAMES AND ADDRESSES OF WITNESSES 1. The name, address, and telephone number of each person known or claimed by you or any party you represent in this action to be a witness to the occurrence alleged in the Complaint in this action. RESPONSE: Giselle Gilman, contact unknown. E&A Re Capital Corp., represented by counsel. Arihay Kaikov, represented by counsel. Chelsi Persaud Anderson, Bowman & Zalewski, PLLC 80-02 Kew Gardens Road, Suite 600, Kew Gardens, NY 11415 718-263-6800 x14 cpersaud@abzlaw.com Dennis Lan Lan & Associates, P.C. 39-01 Main Street, Suite 507 Flushing, NY 11354 718-461-9434 lawofficetoday@gmail.com Michelle Chin, Esq. Excelsior Land Service, Inc. 516-331-5775 x778 michelle@excelsiorland.online Yuanqing Liu, represented by counsel. Deyan Zeng 14424 37th Ave, Apt. 7L, Flushing, NY 11354 13 13 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 2. The name, address, and telephone number of each person known or claimed by you or any party you represent in this action to be a notice witness to the conditions or any claimed absence of conditions of Subject Premises at the time of the accident. RESPONSE: N/A 14 14 of 511 FILED: BRONX COUNTY CLERK 01/15/2024 09:32 AM INDEX NO. 804471/2023E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 Dated: Whitestone, New York January 12, 2024 Borchert & LaSpina, P.C. By: /s/ Edward A. Vincent Edward A. Vincent, Esq. Attorneys for Plaintiffs 19-02 Whitestone Expwy., Suite 302 Whitestone, NY 11357 (718) 767-3333 TO: VIA NYSCEF Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP Attorneys for Defendants 80-02 Kew Gardens Road, Suite 600 Kew Gardens, New York 11415 Attn: Dustin Bowman, Esq. 15 15 of 511 08/07/2019 09:32 FILED: BRONX COUNTY CLERK 01/15/2024 03:58 AM PM INDEXNO. INDEX NO.804471/2023E 29219/2019E 2 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 08/07/2019 P001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------- --------------------- X MAJADA INC., Index No. Plaintiff, -against- VERIFIED COMPLAINT E&A RE CAPITAL CORP.; GISELLE GILMAN; and #1" #10," "JOHN DOE through "JOHN DOE the last ten names fictitious and unknown to the plaintiff being intended as persons or entities having some claim or interest in the premises described in the Complaint, Defendants. -----------------------------------------------------------X MAJADA INC. ("Plaintiff"), by its attorneys, Fadullon Dizon Krul, LLP, as for its complaint respectfully alleges as follows, upon knowledge as to itself and its conduct, and upon personal knowledge as to the acts and omissions of the Defendants in all other matters that: Preliminary Statement 1. Plaintiff brings this action pursuant to Article 15 of the New York Real Property Actions and Proceedings Law ("RPAPL") to compel a determination of claims to real property located at 1485 Bryant Avenue, Bronx, New York 10460, Block No. 02995, Lot No. 0036 ("Premises"), more particularly described herein. 2. More specifically, Plaintiff brings this action to: (a) void and set aside a conveyance of the Premises by Defendant GISELLE GILMAN to Defendant E&A RE CAPITAL CORP., which conveyance took place after Defendant GISELLE GILMAN had already conveyed same said Premises to Plaintiff; (b) obtain a Judgment from this Court declaring Plaintiff to be the correct and lawful owner of record of the Premises; and, (c) obtain an Judgment from this Court declaring that Defendants GISELLE GILMAN and E&A RE CAPITAL CORP.'s interests in the Premises, if any, to be subordinate to those of Plaintiff. Verified Complaint 161 of of 511 8 08/07/2019 09:32 FILED: BRONX COUNTY CLERK 01/15/2024 03:58 AM PM INDEXNO. INDEX NO.804471/2023E 29219/2019E 2 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 08/07/2019 P002 The Parties 3. Plaintiff MAJADA INC. is a domestic corporation existing under the laws of the State of New York. Plaintiff is the true owner of the Premises. 4. Upon information and belief, Defendant E&A RE CAPITAL CORP. is a domestic business corporation existing under the laws of the State of New York. 5. Upon information and belief, Defendant GISELLE GILMAN is a natural person residing in the County of Kings, City and State of New York. #1" 6. Upon information and belief, Defendants "JOHN DOE through "JOHN #10" DOE are fictitious and unknown to Plaintiff and named as persons or entities who may potentially have some claim or interest in the Premises. Jurisdiction 7. Upon information and belief, Defendant GISELLE GILMAN is a domiciliary of the State of New York whose tortious acts within the state of New York concerning real property located in New York gave rise to this lawsuit. 8. Upon information and belief, Defendant E&A RE CAPITAL CORP. is a domestic corporation organized and existing under the laws of the State of New York who claims to hold an interest in real property situated in the County of Bronx, City and State of New York. 9. Plaintiff MAJADA INC. is a domestic corporation existing under the laws of the State of New York. Plaintiff is also the rightful record owner of the Premises. 10. The subject Premises, specifically described in the deeds attached hereto as "A," "B," "C," "D" Exhibit Exhibit Exhibit and Exhibit is situated within the County of Bronx, City and State of New York. 2 Verified Complaint 172 of of 511 8 08/07/2019 09:32 FILED: BRONX COUNTY CLERK 01/15/2024 03:58 AM PM INDEXNO. INDEX NO.804471/2023E 29219/2019E 2 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 08/07/2019 P003 Factual Allegations 11. Upon information and belief, on or about March 31, 2008, Defendant GISELLE GILMAN became record owner of the Premises via a deed recorded on or about April 28, 2008, 2008000169695.1 "A." in CRFN no. A copy of said deed is attached hereto as Exhibit 12. Approximately six and a half years thereafter, on or about October 30, 2014, in exchange for good and valuable consideration, Defeñdãñt GISELLE GILMAN executed and delivered a deed in favor of Plaintiff MAJADA INC. ("First Deed"). A copy of said First Deed "C." is attached hereto as Exhibit 13. Upon information and belief, shortly thereafter, on or about November 23, 2014, counsel for Plaintiff MAJADA INC. provided said First Deed to the Office of the City Register for recording and duly paid all recording fees. recorded" 14. Upon information and belief, said First Deed was "entitled to be as required by New York Real Property Law ("RPL") § 317 when counsel provided said First Deed to the Office of the City Register for recording. 15. However, even though counsel provided the First Deed to the Office of the City Registrar on or about November 23, 2014, due to a mistake or omission at the Office of the City Register, the First Deed was erroneously never recorded to reflect the Plaintiff's ownership of the Premises. I Use," Defendant A "Correct Index/Deed-Office ce±i:!:; the March 31, 2008 deed memorializing GISELLE GILMAN's ownership of the Premises, was recorded on or around October 4, 2012 for the purpose of reflecting the Use" name of the owner as shown on the last recorded deed. A copy of said "Correct Index/Deed-Office is attached hereto as Exhibit "B." 3 Venfied Complaint 183 of of 511 8 08/07/2019 09:32 FILED: BRONX COUNTY CLERK 01/15/2024 03:58 AM PM INDEXNO. INDEX NO.804471/2023E 29219/2019E 2 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 08/07/2019 P004 16. Upon information and belief, despite failing to record the First Deed, the Office of the City Register deposited and/or cashed the check that counsel provided along with the First Deed. 17. Thereafter, on or about March 20, 2015, upon information and belief, Defendant GISELLE GILMAN, despite having previously conveyed the Premises for good and valuable consideration to Plaintiff via the First Deed, executed a deed in favor of Defendant E&A RE CAPITAL CORP. ("Second Deed"). A copy of said Second Deed is attached hereto as Exhibit 18. The Second Deed was recorded on or about April 14, 2015, in CRFN No. 2015000123304. 19. The First Deed predates the Second Deed by over four months and was provided to the Office of the City Register for recording over three months before the Second Deed was executed and recorded. FIRST CAUSE OF ACTION: RPAPL 6 1501(1) 20. Plaintiff incorporates by reference each of the proceeding paragraphs as though they were fully set forth herein. 21. Plaintiff MAJADA INC. maintains an interest in the Premises by virtue of the First Deed, which Defendant GISELLE GILMAN executed and delivered to Plaintiff on October 30, 2014, thereby conveying her interest in the Premises to Plaintiff. 22. Upon information and belief, shortly thereafter, on or about November 23, 2014, counsel for Plaintiff MAJADA INC. provided said First Deed to the Office of the City Register for recording and duly paid all recording fees. 4 Venf led Complaint 194 of of 511 8 08/07/2019 09:32 FILED: BRONX COUNTY CLERK 01/15/2024 03:58 AM PM INDEXNO. INDEX NO.804471/2023E 29219/2019E 2 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/15/2024 08/07/2019 P005 23. Thereafter, on or about March 20, 2015, upon information and belief, Defendant GISELLE GILMAN, despite having conveyed the Premises for good and valuable consideration to Plaintiff via the First Deed over four months prior, executed the Second Deed in favor of Defendant E&A RE CAPITAL CORP. 24. The Second Deed was recorded on or about April 14, 2015, in CRFN No. 2015000123304. 25. However, even though counsel provided the First Deed to the City Registrar on or about November 23, 2014, due to a mistake and/or emission at the Office of the Register, City the First Deed was erroneously never recorded to reflect