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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------X
Emigrant Bank as successor-by-merger to Index No.:
Emigrant Savings Bank - Manhattan as 850056/2018
assignee of Emigrant Mortgage Company, Inc
Plaintiff,
-against-
Luiza Dubrovsky, Daniel Bernstein, Board of AFFIDAVIT OF
Managers of Fifteen Central West Condominium MAILING IN
New York City Environmental Control Board, COMPLIANCE
WITH
John Doe 41 through John Doe 420 (Said names 3215
CPLR§
being fictitious, itbeing the intention of Plaintiff to
designate any and all occupants of premises being
foreclosed herein, including without limitation,
tenants or other occupants who may have some
interest in or lien upon the Premises subordinate
to the lien of the Plaintiff's mortgage sought to be
foreclosed herein),
Defendants.
---------------------------------X X
STATE OF NEW YORK )
) ss.:
COUNTYOF QUEENS )
Jean Isbister, being duly sworn, deposes and says that:
I am over 18 years of age, Iam not a party to this action and I reside
in Nassau County, New York.
On April 10, 2018, your deponent served a true copy of the within
Summons by depositing true copies of same enclosed in a postpaid
properly addressed wrapper addressed to:
Luiza Dubrovsky
15 Central Park West, Unit 16H
New York, New York 10023
confidential"
and bearing the legend "personal and on said wrapper, by
First Class Mail, in an official depository under the exclusive care and
custody of the United States Postal Service within New York State. There
was no indication on said wrapper by return address or otherwise that the
communication was from an attorney or pertained to an alleged debt. On
information and belief, I aver that the recipient is not in the military service
of New York State or of the United States of America as that term is
defined in the either the State or in the Federal statutes.
p
Jéan Isbister
Sworn to before me on the
10th
day of April, 2018
N t ry Pub]jc
JASON SACKOOR
ub c t of w York
Notary
No. 02SA6190648
Qualifiedin NassauC u
Commission Expires
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Ab$
NYSCEF DOC. NO RECEIVED NYSCEF: 03)09/'
03/09/2010
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------X
Emigrant Bank as successor-by-merger to Index No.:
Emigrant Savings Bank - Manhattan as
assignee of Emigrant Mortgage Company, Inc. Original filed with clerk
on:
Plaintiff,
FORECLOSURE
-against- SUMMONS
Luiza Dubrovsky, Daniel Bernstein, Board of
Managers of Fifteen Central West Condominium Mortgaged
New York City Environmental Control Board, Premises:
15 Central Park West
John Doe 41 through John Doe 420 (Said Unit 16H
names being fictitious, it being the intention of New York, New York
Plaintiff to designate any and all occupants of Block: 1114
premises being foreclosed herein, including, Lot: 1385
without limitation, tenants or other occupants County of New York
who may have some interest in or lien upon the
Premises subordinate to the lien of the
Plaintiff's mortgage sought to be foreclosed
herein),
Defendants.
------------------------------X
TOTHEABOVENAMED 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 Appearance, on plaintiff's
I: f "1
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.~/
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attorneys within twenty (20) days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is
complete if this summons is not personally delivered to you within the
State of New York): and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in
the complaint.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by
serving a copy of the answer on the attorney for the mortgage
company who filed this foreclosure proceeding against you and
filing the answer with the court, a default judgment may be entered
an you can lose your home.
Speak to an attorney or go to the court where your case is
pending for further information on how to answer the summons and
protect your property. .
Sending a payment to your mortgage company will not stop
this foreclosure action.
2
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YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER
ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILING THE ANSWER WITH THE COURT.
The following notice is intended only for those defendants who are
owners of the premises sought to be foreclosed or who are liable upon
the debt for which the mortgage stands as security. YOU ARE HEREBY
PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A
DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
The present amount of the debt as of the date January 31, 2018:
$1,717,478.02 consisting of principal balance of $1,639,717.47 plus
interest of $63,349.99, late charges of $1,427.68, taxes and insurance of
$12,982.88. Because of interest and other charges that may vary from
day to day, the amount due on the day you pay may be greater. Hence, if
you pay the amount shown above, an adjustment may be necessary after
we receive the check, in which event we will inform you.
The name of the creditor to whom the debt is owed: Emigrant Bank
as successor-by-merger to Emigrant Savings Bank - Manhattan as
3
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03/C9/2013
assignee of Emigrant Mortgage Company, Inc. Unless you dispute the
validity of the debt, or any portion thereof, within thirty (30) days after
receipt hereof, the debt will be assumed to be valid by the herein debt
collector.
Ifyou notify the herein debt collector in writing within thirty (30) days
after your receipt hereof that the debt, or any portion thereof, is disputed,
we will obtain verification of the debt or a copy of any judgment against
you representing the debt and a copy of such verification or judgment will
be mailed to you by the herein debt collector.
Upon your written request within 30 days after receipt of this motion,
the herein debt collector will provide you with the name and address of
the original creditor ifdifferent from the current creditor.
Note: Your time to respond to the summons and complaint differs
from your time to dispute the validity of the debt or to request the name
and address of the original creditor. Although you have as few as 20 days
to respond to the summons and complaint, depending on the manner of
service, you stillhave 30 days from receipt of this summons to dispute the
validity of the debt and to request the name and address of the original
creditor,
4
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TO THE DEFENDANT, except LUlZA DUBROVSKY: the Plaintiff
makes no personal claim against you in this action.
TO THE DEFENDANT: LUIZA DUBROVSKY: Ifyou have obtained
an order of discharge from the Bankruptcy court, which includes this debt,
and you have not reaffirmed your liability for this debt, this law firm is not
alleging that you have any personal liability for this debt and does not
seek a money judgment against you. Even if a discharge has been
obtained, this lawsuit to foreclose the mortgage will continue and we will
seek a judgment authorizing the sale of the mortgaged premises.
Dated: Whitestone, New York
March 9, 2018
Borchert 8 LaSpina, P.C.
By:
Helmut Borchert, Esq.
Attorneys for Plaintiff
19-02 Whitestone Expressway
Suite 302
Whitestone, New York 11357
(718) 767-3333
TO: Luiza Dubrovsky
15 Central Park West, Unit 16H
New York, New York 10023
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-or-
220 Riverside Blvd., Unit 51
New York, New York 10069
Daniel Bernstein
137 Coleridge Street
Brooklyn, New York 11235
Board of Managers of Fifteen Central West
Condominium
Secretary of State
Albany, New York 12205
New York City Environmental Control Board
59-17 Junction Blvd.
Corona, New York 11358
Dubrovsky/foreclosuresummons
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------X Emigrant Bank as successor-by-merger to Index No.: Emigrant Savings Bank - Manhattan as 850056/2018 assignee of Emigrant Mortgage Company, Inc Plaintiff, -against- Luiza Dubrovsky, Daniel Bernstein, Board of AFFIDAVIT OF Managers of Fifteen Central West Condominium MAILING IN New York City Environmental Control Board, COMPLIANCE WITH John Doe 41 through John Doe 420 (Said names 3215 CPLR§ being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, including without limitation, tenants or other occupants who may have some interest in or lien upon the Premises subordinate to the lien of the Plaintiff's mortgage sought to be foreclosed herein), Defendants. ---------------------------------X X STATE OF NEW YORK ) ) ss.: COUNTYOF QUEENS ) Jean Isbister, being duly sworn, deposes and says that: I am over 18 years of age, Iam not a party to this action and I reside in Nassau County, New York. On April 10, 2018, your deponent served a true copy of the within Summons by depositing true copies of same enclosed in a postpaid properly addressed wrapper addressed to: Luiza Dubrovsky 15 Central Park West, Unit 16H New York, New York 10023 confidential" and bearing the legend "personal and on said wrapper, by First Class Mail, in an official depository under the exclusive care and custody of the United States Postal Service within New York State. There was no indication on said wrapper by return address or otherwise that the communication was from an attorney or pertained to an alleged debt. On information and belief, I aver that the recipient is not in the military service of New York State or of the United States of America as that term is defined in the either the State or in the Federal statutes. p Jéan Isbister Sworn to before me on the 10th day of April, 2018 N t ry Pub]jc JASON SACKOOR ub c t of w York Notary No. 02SA6190648 Qualifiedin NassauC u Commission Expires 2 |FILED: NEW YORK COUNTY CLERK 03/09/2018 10:52 INDEX No. 850056/2018~ Ab$ NYSCEF DOC. NO RECEIVED NYSCEF: 03)09/' 03/09/2010 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------X Emigrant Bank as successor-by-merger to Index No.: Emigrant Savings Bank - Manhattan as assignee of Emigrant Mortgage Company, Inc. Original filed with clerk on: Plaintiff, FORECLOSURE -against- SUMMONS Luiza Dubrovsky, Daniel Bernstein, Board of Managers of Fifteen Central West Condominium Mortgaged New York City Environmental Control Board, Premises: 15 Central Park West John Doe 41 through John Doe 420 (Said Unit 16H names being fictitious, it being the intention of New York, New York Plaintiff to designate any and all occupants of Block: 1114 premises being foreclosed herein, including, Lot: 1385 without limitation, tenants or other occupants County of New York who may have some interest in or lien upon the Premises subordinate to the lien of the Plaintiff's mortgage sought to be foreclosed herein), Defendants. ------------------------------X TOTHEABOVENAMED 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 Appearance, on plaintiff's I: f "1 |FILED: NEW YORK COUNTY CLERK 03/09/'2018 10:52 mDE NO. 350056/2C13 .~/ AM) NYSCEF DOC. NO 1 RECEIVED NYSCEF: 03/09/2C18 attorneys within twenty (20) days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York): and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered an you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. . Sending a payment to your mortgage company will not stop this foreclosure action. 2 2 of "1 |FILED: NEWjYORK COUNTY CLERK 03/09/2018 10:52 INDEX No. 850056/2 10 AM| NYSCEF DOC.. NOi 1 RECEIVED NYSCEF: 03/09/2 18 YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. The following notice is intended only for those defendants who are owners of the premises sought to be foreclosed or who are liable upon the debt for which the mortgage stands as security. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The present amount of the debt as of the date January 31, 2018: $1,717,478.02 consisting of principal balance of $1,639,717.47 plus interest of $63,349.99, late charges of $1,427.68, taxes and insurance of $12,982.88. Because of interest and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive the check, in which event we will inform you. The name of the creditor to whom the debt is owed: Emigrant Bank as successor-by-merger to Emigrant Savings Bank - Manhattan as 3 3:.=f "1 FILED: NEW YORK COUNTY 03/09/2018 10f52 INDEX NO. 8 5005 6/2018 CLERK Ab$ NYSCEF DOC . NO 1 RECEIVED NYSCEF: 03/C9/" 03/C9/2013 assignee of Emigrant Mortgage Company, Inc. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt hereof, the debt will be assumed to be valid by the herein debt collector. Ifyou notify the herein debt collector in writing within thirty (30) days after your receipt hereof that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you by the herein debt collector. Upon your written request within 30 days after receipt of this motion, the herein debt collector will provide you with the name and address of the original creditor ifdifferent from the current creditor. Note: Your time to respond to the summons and complaint differs from your time to dispute the validity of the debt or to request the name and address of the original creditor. Although you have as few as 20 days to respond to the summons and complaint, depending on the manner of service, you stillhave 30 days from receipt of this summons to dispute the validity of the debt and to request the name and address of the original creditor, 4 ef "1 INDEX NO. 3."'.0056/.' 35005 6/2C 18 FILED: NEW YORK COUNTY CLERK 03/09/2018 10:52 AM| NYSCEF DOC . NO 1 RECEIVED NYSCEF: 03/09/20 13 TO THE DEFENDANT, except LUlZA DUBROVSKY: the Plaintiff makes no personal claim against you in this action. TO THE DEFENDANT: LUIZA DUBROVSKY: Ifyou have obtained an order of discharge from the Bankruptcy court, which includes this debt, and you have not reaffirmed your liability for this debt, this law firm is not alleging that you have any personal liability for this debt and does not seek a money judgment against you. Even if a discharge has been obtained, this lawsuit to foreclose the mortgage will continue and we will seek a judgment authorizing the sale of the mortgaged premises. Dated: Whitestone, New York March 9, 2018 Borchert 8 LaSpina, P.C. By: Helmut Borchert, Esq. Attorneys for Plaintiff 19-02 Whitestone Expressway Suite 302 Whitestone, New York 11357 (718) 767-3333 TO: Luiza Dubrovsky 15 Central Park West, Unit 16H New York, New York 10023 5 .5 of "1 FILED: NEW YORK COUNTY CLERK 03/09/2018 10:52 INDEX NO. 850056/2C13 AM| NYSCEF DOC. NO 1 RECEIVED NYSCEF: 03/09/2C18 -or- 220 Riverside Blvd., Unit 51 New York, New York 10069 Daniel Bernstein 137 Coleridge Street Brooklyn, New York 11235 Board of Managers of Fifteen Central West Condominium Secretary of State Albany, New York 12205 New York City Environmental Control Board 59-17 Junction Blvd. Corona, New York 11358 Dubrovsky/foreclosuresummons 6 6 of 1