Preview
FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
RAYMOND WOLFRAM and FRED WOLFRAM, INDEX No.
Plaintiffs, DATE FILED:
-against-
S U M MO N S
JOHN WOLFRAM, MARY WOLFRAM, Plaintiff designates
THE BANK OF NEW YORK MELLON F/K/A THE SUFFOLK COUNTY
BANK OF NEW YORK AS SUCCESSOR IN As Place of Trial
INTEREST TO JP MORGAN CHASE BANK N.A.
AS TRUSTEE FOR STRUCTURED ASSET BASIS OF VENUE:
MORTGAGE INVESTMENTS II TRUST 2006-
CPLR 507: Real Property
AR7 MORTGAGE PASS-THROUGH located in Suffolk County
CERTIFICATES 2OO6-AR7,
Defendants.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer, or if the complaint is not served with this Summons, to serve a Notice of
Plaintiffs'
Appearance, on the attorney within twenty (20) days after the service of this
Summons, exclusive of the day of service, where service is made by delivery upon you
personally within the State of New York, or within thirty (30) days after the service is completed
if this Summons is not personally delivered to you within the State of New York. In case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the Complaint.
Dated: May 2, 2024 Yours, Etc.
9o«ý/44 7/f. Red4,
ap
By: Douglas M. Reda, Esq.
Law Offices of Douglas M. Reda
Attorney for Plaintiffs
180 Froehlich Farm Road
Woodbury, New York 11797
Tel: 516-921-1873
Email: dmrl RO@gmail.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
RAYMOND WOLFRAM and FRED WOLFRAM, INDEX No.
Plaintiffs,
-against-
COMPLAINT
JOHN WOLFRAM, MARY WOLFRAM,
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS SUCCESSOR IN
INTEREST TO JP MORGAN CHASE BANK N.A.
AS TRUSTEE FOR STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST 2006-
AR7 MORTGAGE PASS-THROUGH
CERTIFICATES 2OO6-AR7,
Defendants.
DOUGLAS M. REDA, ESQ., attorney for the Plaintiffs, hereby alleges the following as a
Complaint against the Defendants:
1. This is an action pursuant to Section 150 l(1) of Article 15 of the Real Property Actions
and Proceedings Law ("RPAPL"), to declare the interests of the Plaintiffs in certain
real property known as 171 Hunter Avenue, North Babylon, New York, 11703 (the
"Subject Premises"), in the County of Suffolk, State of New York, as more particularly
described in the Schedule 1 Description attached hereto.
2. Plaintiffs allege that the Defendants John Wolfram ("John") and Wolfram
Mary
("Mary") hold paper title to the Subject Premises, as constructive trustees for the
benefit of the Plaintiffs.
Venue
1 PT.R 507 requires an action concerning real property to he brought. as here. in the
County in which the real property is situated, here Suffolk County.
The Parties
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4. The Plaintiffs and the Wolfram Defendants are siblings.
5. Plaintiffs Raymond Wolfram ("Raymond") and Fred Wolfram ("Fred") reside and are
tenants at the real property which is the subject of this action, to wit: 171 Hunter
Avenue, North Babylon, New York 11703 (the "Subject Premises").
6. Mary Wolfram resides at the Subject Premises.
7. Plaintiffs are the brothers of John and Mary, who currently hold paper title to the
Subject Premises.
8. Upon information and belief, the Defendant THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP
MORGAN CHASE BANK N.A. AS TRUSTEE FOR STRUCTURED ASSET
MORTGAGE INVESTMENTS II TRUST 2OO6-AR7 MORTGAGE PASS-
THROUGH CERTIFICATES 2006-AR7 (the "Defendant Bank") has, or claims to
have, an interest in the Subject Premises in the form of a mortgage or mortgages.
Background
9. The Subject Premises originally belonged to our widowed mother, Florentine
Wolfram, who purchased the Subject Premises in or about 1978.
10. Our mother died on January 6, 1993, with the Subject Premises being deeded
initially
to MARY WOLFRAM by MARY WOLFRAM, as executrix of the Estate of our
mother.
11. MARY WOLFRAM subsequently deeded the Subject Premises to JOHN
WOLFRAM and MARY WOLFRAM, in accordance with our mother's wishes and a
family discussion, as detailed below.
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12. Fred Wolfram and Wolfram resided continuously at the Subject Premises since
Mary
1978, when the Subject Premises were first purchased.
13. Raymond Wolfram has been residing continuously at the Subject Premises since in or
about August 1990, having lived there initially in 1978, and thereafter intermittently
while married, and then permanently as of August 1990.
14. John Wolfram, our brother, moved out of the Subject Premises in or about 1998 to
1999 and has not resided there since.
15. Prior to our mother's death in 1993, RAYMOND WOLFRAM had been married and
divorced and had substantial debts from the marriage.
16. Prior to our mother's death, FRED WOLFRAM had had bad debt issues resulting in
two bankruptcy filings.
17. Accordingly, prior to our mother's passing, during a time our mother had been
diagnosed with cancer, we had a family discussion about paper title to the house
passing to our siblings, JOHN and MARY, with RAYMOND and FRED being able
to continue to use and occupy the family home (the Subject Premises) for the rest of
their respective lives, along with MARY, who already held paper title to the Subject
Premises.
18. Based on the confidential relationship among the family members (the four siblings
and our mother), Fred made a transfer in reasonable reliance on the promise of
lifetime use and occupancy of the Subject Premises by agreeing to contribute on a
non-financial basis and Raymond agreed and did pay toward the monthly expenses of
the Subject Premises including but not limited to his occupancy, the utilities, upkeep,
and maintenance of the Subject Premises on a monthly basis.
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19. Raymond and Fred agreed to make such contributions, financial and non-financial, to
the costs of occupancy, the utilities, upkeep, and maintenance of the Subject Premises
with the express understanding that Raymond and Fred could continue to use and
occupy the Subject Premises for the rest of their respective lives.
20. John and Mary, holding paper title to the Subject Premises, thereafter encumbered the
Subject Premises with mortgage loans.
21. Raymond's health thereafter declined impacting Raymond's ability to pay towards
the carrying charges of the Subject Premises.
22. JOHN and MARY subsequently defaulted on their mortgage loans.
23. Raymond continued to pay towards the utilities, upkeep, and maintenance for the
Subject Premises, while Fred continued to contribute to the upkeep of the Subject
Premises in a non-financial manner, doing errands around the house.
24. The interests of Raymond Wolfram and Fred Wolfram in the Subject Premises came
into existence in 1978, 46 years ago, decades before the mortgages signed only by our
siblings John and Mary beginning in 2003.
25. As a result of the promises made and kept among us four Wolfram siblings, Raymond
and Fred possess a constructive ownership interest in the Subject Premises, and it
would be inequitable for the interests of Raymond and Fred in the Subject Premises to
be foreclosed.
26. John Wolfram and Mary Wolfram would be unjustly enriched if only their interests
were recognized by a court of equity in this declaratory judgment action.
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27. We (Raymond Wolfram and Fred Wolfram) were never consulted about borrowing
monies by our siblings John and Mary, and we never consented to any mortgages
being placed on our home.
28. The mortgages at issue in a pending foreclosure action are only signed by John and
Mary and not by either one of us Plaintiffs (Raymond or Fred).
FIRST CAUSE OF ACTION-RPAPL ARTICLE 15 DECLARATION OF INTERESTS
29. Plaintiffs reassert and reallege each and every paragraph hereinabove as if more fully
and completely alleged herein.
30. Plaintiffs RAYMOND WOLFRAM and FRED WOLFRAM have an estate or interest
in the Subject Premises by virtue of their lifetime right to use and occupancy of the
Premises and their constructive ownership of the Subject Premises.
31. Such estate or interest in the Subject Premises arose prior in time and prior in right to
any mortgage now currently encumbering the property.
32. Plaintiffs RAYMOND WOLFRAM and FRED WOLFRAM did not sign or consent to
any mortgage now currently encumbering the property including the mortgages dated
on or about January 27, 2003, June 4, 2004, and July 24, 2006, all of which were signed
only by JOHN WOLFRAM and MARY WOLFRAM.
33. Only the interests of JOHN WOLFRAM and MARY WOLFRAM in the Subject
Premises have been encumbered, i.e. not the interests of RAYMOND WOLFRAM and
FRED WOLFRAM.
34. In accordance with the pleading requirements of RPAPL Article 15, all the Defendants
are known and none are infants, have a developmental disability or mental illness, or
abuse alcohol.
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35. Any judgment granted herein will not affect any person or persons not in being or
ascertained at the commencement of this action, who by any contingency contained in
a devise or grant or otherwise, could afterward become entitled to a beneficial estate or
interest in the aforesaid premises, and that every person in being who would have been
entitled to such estate or interest, if such event had happened immediately before the
commencement of the action is named as a party hereto.
36. No personal claim is made against any Defendant other than a Defendant who shall
assert a claim negative to the claim of the Plaintiffs set forth in the complaint.
37. The Plaintiffs demand that the Defendants and every person claiming under the
Defendants be barred from all claims to an estate or interest in the property described
in the complaint that is adverse to the Plaintiffs and that a judgment declare the interests
of the parties.
SECOND CAUSE OF ACTION-RPAPL ARTICLE 15 DECLARATION OF INTERESTS AS
TO ANY MORTGAGES
38. Plaintiffs reassert and reallege each and every paragraph hereinabove as if more fully
and completely alleged herein.
Plaintiffs'
39. interests arose prior in time and prior in right to any mortgages signed by
John and Mary that allegedly encumber the Subject Premises.
40. Plaintiff Raymond Wolfram was not named as a party in the complaint in the pending
foreclosure commenced by the Defendant Bank.
41. Plaintiff Raymond Wolfram, who at all relevant times has resided in the Subject
Premises prior to the mortgages that encumber the Subject Premises, was not served
with any papers in the pending foreclosure commenced by the Defendant Bank, so any
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judgment in such action will not affect the interest of Plaintiff Raymond Wolfram in
the Subject Premises.
42. Plaintiff Fred Wolfram at all relevant times has resided in the Subject Premises prior
to the mortgages that encumber the Subject Premises.
43. By decision and order dated December 6, 2019, the caption of the foreclosure action
"voluntary"
was amended to include Raymond Wolfram based on a claimed
appearance in the action.
44. By decision and order dated December 6, 2019, the caption of the foreclosure action
was amended to include Plaintiff Fred Wolfram as a substitute for the "JOHN DOES
DOES"
and JANE named in the complaint.
45. Such December 6, 2019 Order (and another dated the same date) along with the Order
and Judgment of Foreclosure dated October 1, 2021, are currently on appeal, fully
perfected, and are pending before the Appellate Division, Second Department.
46. In such appeals, Raymond Wolfram and Fred Wolfram are referenced therein as non-
party appellants.
47. Plaintiffs respectfully request a declaratory judgment that the interests of the Plaintiffs
Raymond and Fred are prior in time, prior in right, and superior to any interests of the
Defendant Bank.
WHEREFORE, the Plaintiffs respectfully demand, pursuant to Article 15 of the Real
Plaintiffs'
Property Actions and Proceedings Law ("RPAPL"), that the Court declare title and
claims to the Premises, including a declaratory judgment under RPAPL 1501 declaring the
mortgages void and unenforceable as to the Plaintiffs Raymond Wolfram and Fred Wolfram, and
the Plaintiffs further demand that the Defendant Bank and every person under the
claiming
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Defendant Bank be barred from all claims to an estate or interest in the property described in the
pending foreclosure complaint, and that the Plaintiffs be awarded such other, further, and different
attorneys'
relief as this Court deems just and equitable, including an award of costs, fees and
expenses.
Dated: May 2, 2024 Yours, Etc.
By: Douglas M. Reda, Esq.
Law Offices of Douglas M. Reda
Attorney for Plaintiffs
180 Froehlich Farm Road
Woodbury, New York 11797
Tel: 516-921-1873
Email: dmr180@gmail.com
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Schedule 1
LEGAL DESCRIPTION OF PROPERTY
ALSO KNOWN AS 171 HUNTER AVENUE, NORTH BABYLON, NEW YORK 11703
FOR INFORMATION ONLY: Tax I.D. No. 0100-151.00-03.00-120.003
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk
and State of New York, known and designated as Part of Lots 47 to 50 inclusive,
Manor"
Block 12, on a certain map entitled, "Map of Colonial and filed in the Office of
the Clerk of the County of Suffolk on July 22, 1907 as Map No. 222 and also on
Manor"
the "Revised Map # 3 of Colonial filed February 1, 1911 as Map No. 661,
said part of lots being more particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the northerly side of Hunter
Avenue with the easterly side of Poet Avenue (as widened);
RUNNING THENCE along the easterly side of Poet Avenue (as widened) North 7
degrees 33 minutes 11 seconds East, 119.22 feet;
THENCE through Lots 47 to 50 inclusive in Block 12, on the above mentioned map,
the following (2) courses and distances:
1) South 69 degrees 37 minutes 49 seconds East, 94.44 feet;
2) South 20 degrees 22 minutes 11 seconds West, 101.21 feet to the side
northerly
of Hunter Avenue;
THENCE along the northerly side of Hunter Avenue, North 82 degrees 06 minutes 09
seconds West, 69.62 feet to the easterly side of Poet Avenue (as widened), at the
corner aforesaid and the point or place of BEGINNING.
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Preview
FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK RAYMOND WOLFRAM and FRED WOLFRAM, INDEX No. Plaintiffs, DATE FILED: -against- S U M MO N S JOHN WOLFRAM, MARY WOLFRAM, Plaintiff designates THE BANK OF NEW YORK MELLON F/K/A THE SUFFOLK COUNTY BANK OF NEW YORK AS SUCCESSOR IN As Place of Trial INTEREST TO JP MORGAN CHASE BANK N.A. AS TRUSTEE FOR STRUCTURED ASSET BASIS OF VENUE: MORTGAGE INVESTMENTS II TRUST 2006- CPLR 507: Real Property AR7 MORTGAGE PASS-THROUGH located in Suffolk County CERTIFICATES 2OO6-AR7, Defendants. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer, or if the complaint is not served with this Summons, to serve a Notice of Plaintiffs' Appearance, on the attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the State of New York, or within thirty (30) days after the service is completed if this Summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: May 2, 2024 Yours, Etc. 9o«ý/44 7/f. Red4, ap By: Douglas M. Reda, Esq. Law Offices of Douglas M. Reda Attorney for Plaintiffs 180 Froehlich Farm Road Woodbury, New York 11797 Tel: 516-921-1873 Email: dmrl RO@gmail.com 1 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK RAYMOND WOLFRAM and FRED WOLFRAM, INDEX No. Plaintiffs, -against- COMPLAINT JOHN WOLFRAM, MARY WOLFRAM, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006- AR7 MORTGAGE PASS-THROUGH CERTIFICATES 2OO6-AR7, Defendants. DOUGLAS M. REDA, ESQ., attorney for the Plaintiffs, hereby alleges the following as a Complaint against the Defendants: 1. This is an action pursuant to Section 150 l(1) of Article 15 of the Real Property Actions and Proceedings Law ("RPAPL"), to declare the interests of the Plaintiffs in certain real property known as 171 Hunter Avenue, North Babylon, New York, 11703 (the "Subject Premises"), in the County of Suffolk, State of New York, as more particularly described in the Schedule 1 Description attached hereto. 2. Plaintiffs allege that the Defendants John Wolfram ("John") and Wolfram Mary ("Mary") hold paper title to the Subject Premises, as constructive trustees for the benefit of the Plaintiffs. Venue 1 PT.R 507 requires an action concerning real property to he brought. as here. in the County in which the real property is situated, here Suffolk County. The Parties 2 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 4. The Plaintiffs and the Wolfram Defendants are siblings. 5. Plaintiffs Raymond Wolfram ("Raymond") and Fred Wolfram ("Fred") reside and are tenants at the real property which is the subject of this action, to wit: 171 Hunter Avenue, North Babylon, New York 11703 (the "Subject Premises"). 6. Mary Wolfram resides at the Subject Premises. 7. Plaintiffs are the brothers of John and Mary, who currently hold paper title to the Subject Premises. 8. Upon information and belief, the Defendant THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK N.A. AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2OO6-AR7 MORTGAGE PASS- THROUGH CERTIFICATES 2006-AR7 (the "Defendant Bank") has, or claims to have, an interest in the Subject Premises in the form of a mortgage or mortgages. Background 9. The Subject Premises originally belonged to our widowed mother, Florentine Wolfram, who purchased the Subject Premises in or about 1978. 10. Our mother died on January 6, 1993, with the Subject Premises being deeded initially to MARY WOLFRAM by MARY WOLFRAM, as executrix of the Estate of our mother. 11. MARY WOLFRAM subsequently deeded the Subject Premises to JOHN WOLFRAM and MARY WOLFRAM, in accordance with our mother's wishes and a family discussion, as detailed below. 3 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 12. Fred Wolfram and Wolfram resided continuously at the Subject Premises since Mary 1978, when the Subject Premises were first purchased. 13. Raymond Wolfram has been residing continuously at the Subject Premises since in or about August 1990, having lived there initially in 1978, and thereafter intermittently while married, and then permanently as of August 1990. 14. John Wolfram, our brother, moved out of the Subject Premises in or about 1998 to 1999 and has not resided there since. 15. Prior to our mother's death in 1993, RAYMOND WOLFRAM had been married and divorced and had substantial debts from the marriage. 16. Prior to our mother's death, FRED WOLFRAM had had bad debt issues resulting in two bankruptcy filings. 17. Accordingly, prior to our mother's passing, during a time our mother had been diagnosed with cancer, we had a family discussion about paper title to the house passing to our siblings, JOHN and MARY, with RAYMOND and FRED being able to continue to use and occupy the family home (the Subject Premises) for the rest of their respective lives, along with MARY, who already held paper title to the Subject Premises. 18. Based on the confidential relationship among the family members (the four siblings and our mother), Fred made a transfer in reasonable reliance on the promise of lifetime use and occupancy of the Subject Premises by agreeing to contribute on a non-financial basis and Raymond agreed and did pay toward the monthly expenses of the Subject Premises including but not limited to his occupancy, the utilities, upkeep, and maintenance of the Subject Premises on a monthly basis. 4 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 19. Raymond and Fred agreed to make such contributions, financial and non-financial, to the costs of occupancy, the utilities, upkeep, and maintenance of the Subject Premises with the express understanding that Raymond and Fred could continue to use and occupy the Subject Premises for the rest of their respective lives. 20. John and Mary, holding paper title to the Subject Premises, thereafter encumbered the Subject Premises with mortgage loans. 21. Raymond's health thereafter declined impacting Raymond's ability to pay towards the carrying charges of the Subject Premises. 22. JOHN and MARY subsequently defaulted on their mortgage loans. 23. Raymond continued to pay towards the utilities, upkeep, and maintenance for the Subject Premises, while Fred continued to contribute to the upkeep of the Subject Premises in a non-financial manner, doing errands around the house. 24. The interests of Raymond Wolfram and Fred Wolfram in the Subject Premises came into existence in 1978, 46 years ago, decades before the mortgages signed only by our siblings John and Mary beginning in 2003. 25. As a result of the promises made and kept among us four Wolfram siblings, Raymond and Fred possess a constructive ownership interest in the Subject Premises, and it would be inequitable for the interests of Raymond and Fred in the Subject Premises to be foreclosed. 26. John Wolfram and Mary Wolfram would be unjustly enriched if only their interests were recognized by a court of equity in this declaratory judgment action. 5 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 27. We (Raymond Wolfram and Fred Wolfram) were never consulted about borrowing monies by our siblings John and Mary, and we never consented to any mortgages being placed on our home. 28. The mortgages at issue in a pending foreclosure action are only signed by John and Mary and not by either one of us Plaintiffs (Raymond or Fred). FIRST CAUSE OF ACTION-RPAPL ARTICLE 15 DECLARATION OF INTERESTS 29. Plaintiffs reassert and reallege each and every paragraph hereinabove as if more fully and completely alleged herein. 30. Plaintiffs RAYMOND WOLFRAM and FRED WOLFRAM have an estate or interest in the Subject Premises by virtue of their lifetime right to use and occupancy of the Premises and their constructive ownership of the Subject Premises. 31. Such estate or interest in the Subject Premises arose prior in time and prior in right to any mortgage now currently encumbering the property. 32. Plaintiffs RAYMOND WOLFRAM and FRED WOLFRAM did not sign or consent to any mortgage now currently encumbering the property including the mortgages dated on or about January 27, 2003, June 4, 2004, and July 24, 2006, all of which were signed only by JOHN WOLFRAM and MARY WOLFRAM. 33. Only the interests of JOHN WOLFRAM and MARY WOLFRAM in the Subject Premises have been encumbered, i.e. not the interests of RAYMOND WOLFRAM and FRED WOLFRAM. 34. In accordance with the pleading requirements of RPAPL Article 15, all the Defendants are known and none are infants, have a developmental disability or mental illness, or abuse alcohol. 6 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 35. Any judgment granted herein will not affect any person or persons not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the aforesaid premises, and that every person in being who would have been entitled to such estate or interest, if such event had happened immediately before the commencement of the action is named as a party hereto. 36. No personal claim is made against any Defendant other than a Defendant who shall assert a claim negative to the claim of the Plaintiffs set forth in the complaint. 37. The Plaintiffs demand that the Defendants and every person claiming under the Defendants be barred from all claims to an estate or interest in the property described in the complaint that is adverse to the Plaintiffs and that a judgment declare the interests of the parties. SECOND CAUSE OF ACTION-RPAPL ARTICLE 15 DECLARATION OF INTERESTS AS TO ANY MORTGAGES 38. Plaintiffs reassert and reallege each and every paragraph hereinabove as if more fully and completely alleged herein. Plaintiffs' 39. interests arose prior in time and prior in right to any mortgages signed by John and Mary that allegedly encumber the Subject Premises. 40. Plaintiff Raymond Wolfram was not named as a party in the complaint in the pending foreclosure commenced by the Defendant Bank. 41. Plaintiff Raymond Wolfram, who at all relevant times has resided in the Subject Premises prior to the mortgages that encumber the Subject Premises, was not served with any papers in the pending foreclosure commenced by the Defendant Bank, so any 7 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 judgment in such action will not affect the interest of Plaintiff Raymond Wolfram in the Subject Premises. 42. Plaintiff Fred Wolfram at all relevant times has resided in the Subject Premises prior to the mortgages that encumber the Subject Premises. 43. By decision and order dated December 6, 2019, the caption of the foreclosure action "voluntary" was amended to include Raymond Wolfram based on a claimed appearance in the action. 44. By decision and order dated December 6, 2019, the caption of the foreclosure action was amended to include Plaintiff Fred Wolfram as a substitute for the "JOHN DOES DOES" and JANE named in the complaint. 45. Such December 6, 2019 Order (and another dated the same date) along with the Order and Judgment of Foreclosure dated October 1, 2021, are currently on appeal, fully perfected, and are pending before the Appellate Division, Second Department. 46. In such appeals, Raymond Wolfram and Fred Wolfram are referenced therein as non- party appellants. 47. Plaintiffs respectfully request a declaratory judgment that the interests of the Plaintiffs Raymond and Fred are prior in time, prior in right, and superior to any interests of the Defendant Bank. WHEREFORE, the Plaintiffs respectfully demand, pursuant to Article 15 of the Real Plaintiffs' Property Actions and Proceedings Law ("RPAPL"), that the Court declare title and claims to the Premises, including a declaratory judgment under RPAPL 1501 declaring the mortgages void and unenforceable as to the Plaintiffs Raymond Wolfram and Fred Wolfram, and the Plaintiffs further demand that the Defendant Bank and every person under the claiming 8 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 Defendant Bank be barred from all claims to an estate or interest in the property described in the pending foreclosure complaint, and that the Plaintiffs be awarded such other, further, and different attorneys' relief as this Court deems just and equitable, including an award of costs, fees and expenses. Dated: May 2, 2024 Yours, Etc. By: Douglas M. Reda, Esq. Law Offices of Douglas M. Reda Attorney for Plaintiffs 180 Froehlich Farm Road Woodbury, New York 11797 Tel: 516-921-1873 Email: dmr180@gmail.com 9 of 10 FILED: SUFFOLK COUNTY CLERK 05/07/2024 01:18 PM INDEX NO. 611419/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/07/2024 Schedule 1 LEGAL DESCRIPTION OF PROPERTY ALSO KNOWN AS 171 HUNTER AVENUE, NORTH BABYLON, NEW YORK 11703 FOR INFORMATION ONLY: Tax I.D. No. 0100-151.00-03.00-120.003 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Babylon, County of Suffolk and State of New York, known and designated as Part of Lots 47 to 50 inclusive, Manor" Block 12, on a certain map entitled, "Map of Colonial and filed in the Office of the Clerk of the County of Suffolk on July 22, 1907 as Map No. 222 and also on Manor" the "Revised Map # 3 of Colonial filed February 1, 1911 as Map No. 661, said part of lots being more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Hunter Avenue with the easterly side of Poet Avenue (as widened); RUNNING THENCE along the easterly side of Poet Avenue (as widened) North 7 degrees 33 minutes 11 seconds East, 119.22 feet; THENCE through Lots 47 to 50 inclusive in Block 12, on the above mentioned map, the following (2) courses and distances: 1) South 69 degrees 37 minutes 49 seconds East, 94.44 feet; 2) South 20 degrees 22 minutes 11 seconds West, 101.21 feet to the side northerly of Hunter Avenue; THENCE along the northerly side of Hunter Avenue, North 82 degrees 06 minutes 09 seconds West, 69.62 feet to the easterly side of Poet Avenue (as widened), at the corner aforesaid and the point or place of BEGINNING. 10 of 10