On March 07, 2018 a
Judgment
was filed
involving a dispute between
Nyctl 2017-A Trust And The Bank Of New York Mellon, As Collateral Agent And Custodian For Nyctl 2017-A Trust,
and
And Generally All Persons Having Or Claiming Under, By, Or Through Any Of The Aforesaid Individual Captioned Defendants, If Any, If They Be Dead, Whether By Purchase, Inheritance, Lien Or Otherwise, Including Any Right, Title Or Interest In And To The Real Property Described In The Complaint Herein, All Of Who And Whose Names And Places Of Residence Are Unknown To The Plaintiffs,
And Generally All Persons Having Or Claiming Under, By, Or Through Any Of The Aforesaid Individual Captioned Defendants, If Any, If They Be Dead, Whether By Purchase, Inheritance, Lien Or Otherwise, Including Any Right,
Title Or Interest In And To The Real Property Described In The Complaint Herein, All Of Who And Whose Names And Places Of Residence Are Unknown To The Plaintiffs,
Avi-Lam Realty Corp.,
City Of New York Department Of Finance,
John Doe #1 Through John Doe #100,
John Doe
#1 Through John Doe #100,
Lourdes Burrows,
Miriam Valdez,
New York State Department Of Taxation And Finance,
The Last 100 Names Being Fictitious And Unknown To Plaintiffs, The Persons Or Parties Intended Being The Owners, Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint, And If Any Of The Aforesaid Individual Captioned Defendants, If Any, Be Dead, Their Respective Heirs-At-Law, Next Of Kin, Executors, Administrators, Trustees, Devisees, Legatees, Assignees, Lienors, Creditors, And Successors In Interest,
The Last 100 Names Being Fictitious And Unknown To Plaintiffs, The Persons Or Parties Intended Being The Owners, Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises, Described In The Complaint,
And If Any Of The Aforesaid Individual Captioned Defendants, If Any, Be Dead, Their Respective Heirs-At-Law, Next Of Kin, Executors, Administrators, Trustees, Devisees, Legatees, Assignees, Lienors, Creditors, And Successors In Interest,
for RP-Tax Foreclosure
in the District Court of Queens County.
Preview
At an IAS Term Part 34 of the Supreme Court of the
State of New York held in and for the County of
Queens at the Courthouse thereof, 25-10 Court
Square, Long Island City, NY on the ____ day of
, 2020
TAX LIEN FORECLOSURE. THIS IS NOT A
RESIDENTIAL MORTGAGE FORECLOSURE.
P R E S E N T : HON. ROBERT J. MCDONALD
.________________________________
J.S.C.
---------------------------------------------------------------------------X
NYCTL 2017-A TRUST AND THE BANK OF NEW YORK INDEX NO: 703488/2018
MELLON, AS COLLATERAL AGENT AND CUSTODIAN
FOR NYCTL 2017-A TRUST, JUDGMENT OF
FORECLOSURE
Plaintiffs, AND SALE
-against-
AVI-LAM REALTY CORP.; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE; CITY OF
NEW YORK DEPARTMENT OF FINANCE; MIRIAM
ifshe be if she be her respective heirs-
VALDEZ, living, dead,
at-law, next of kin, distributees, executors, administrators,
trustees, devisees, legatees, assignees, lienors, creditors, and
successors in interest, and generally all persons having or
claiming under, by, or through MIRIAM VALDEZ, if she be
dead, whether by purchase, inheritance, lien or otherwise,
including any right, titleor interest in and to the real property
described in the complaint herein, all of who and whose names
and places of residence are unknown to the plaintiffs;
LOURDES BURROWS; CARLA AVILES LAW OFFICE,
Defendants.
----------------------------------------------------------------------------x
On the Summons and Complaint and the Notice of Pendency of Action duly filed in this
action on March 7, 2018, and all proceedings thereon, and upon reading and filing the Notice of
1
Motion dated December 13, 2019, and on reading and filing the affirmation of JOSHUA LEVY,
ESQ., affirmed December 13, 2019, with the exhibits annexed thereto, and showing that each
and allof the defendants herein have been duly served with the summons in this action, or have
voluntarily appeared herein, and on reading the affidavits of service heretofore filed in the Office
of the Clerk of the County of Queens from all of which itappears that more than the statutory
number of days have elapsed since each defendant was served, that none of the defendants
answered, moved or appeared with respect thereto, although their time to do so has expired and
has not been extended by Court order or otherwise, except the defendants served by publication,
said defendants having appeared by the Guardian Ad Litem and Military Attorney, GREGORY
M. LASPINA, ESQ., and having demanded notice of this application.
On the Order of Reference dated October 15, 2019 appointing GERALD CHIARIELLO,
ESQ., as Referee in this action to ascertain and compute the amount due, and to examine the
plaintiffs'
plaintiffs or agent under oath as to the allegations contained in the complaint, and to
examine and report whether the liened premises should be sold in one or more parcels; and on
reading and filing the Referee's Oath and Report of Amount Due of the aforesaid Referee sworn
to and dated December 6, 2019, itappears that the sum of $34,769.21 was due to the plaintiffs, as
of November 25, 2019, exclusive of legal fees, and that the liened premises should be sold in one
parcel, and after due deliberation having been had thereon; and upon reading and filing the
decision of the Court dated
NOW, upon motion of JOSHUA LEVY, ESQ., a member of the firm of the attorney for
the plaintiffs, itis
ORDERED, that the motion is hereby granted; and itis further
ORDERED, ADJUDGED AND DECREED that the said report of GERALD
2
CHIARIELLO, ESQ., dated December 6, 2019, be, and the same is hereby, in all respects ratified
and confirmed; and itis further
ORDERED, ADJUDGED AND DECREED that the premises described in the complaint
and as hereinafter described be sold in one parcel at public auction at the Supreme Court, 88-11
Sutphin Boulevard, Jamaica, NY 11435, in Courtroom #25, at 10:30 A.M. on a Friday, by and
under the direction of GERALD CHIARIELLO, ESQ., REFEREE, who is hereby appointed
Referee for that purpose; in the absence of the designated Referee, the Court will designate a
substitute Referee forthwith; that the said Referee give public notice of the time and place of
such sale in accordance with law, practice of this Court and R.P.A.P.L. §231 in
___ ; and the plaintiffs or
any other parties to this action may become the purchaser or purchasers at such sale; that in case
the plaintiffs shall become the purchaser at the said sale the plaintiffs shall not be required to
make any deposit thereon; that the said Referee execute to the purchaser or purchasers on such
sale a deed of the premises sold; that in the event a party other than the plaintiffs become the
purchaser or purchasers at such sale, they shall be required to tender a deposit of 10% of the
purchase price in certified funds and the closing of titleshall be had thirty (30) days after such
sale unless otherwise stipulated by allparties to the sale; and itis further
ORDERED, ADJUDGED, and DECREED, that said Referee, upon receiving the
proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to
law, the taxes, assessments, sewer rents or water rates which are or may become liens on the
premises at the time of sale with interest or penalties which may have lawfully accrued thereon to
date of payment; and itis further
ORDERED, ADJUDGED, and DECREED that the said Referee then deposit the balance
3
of said proceeds of sale in his/her own name as Referee, in
and shall thereafter make the following payments and the Referee's checks drawn for that
purpose shall be paid by the said depositary.
FIRST: The statutory fees of said Referee in the amount of $500.00, and the fees of the
Guardian Ad Litem and Military Attorney, GREGORY M. LASPINA, ESQ., in the amount of
$
SECOND: The expense of the sale and the advertising expenses as shown on the bills
presented, and certified by the said Referee to be correct, duplicate copies of which shall be
annexed to the report of sale when filed.
plaintiffs'
THIRD: Said Referee shall also pay to the plaintiffs, or attorney, the sum of
plaintiffs'
$ to plaintiffs or attorney, awarded to the plaintiffs for costs
and disbursements in this action, with interest thereon from the date of entry hereof, together
with, pursuant to CPLR §8303(a)(1), an additional allowance of $300.00 hereby awarded to the
plaintiffs in addition to costs, with interest thereon from the date of entry hereof; and also
$34,769.21, as provided in the Referee's report, with interest at the rate set forth in the City of
New York Administrative Code from the date computed to in the report, November 25, 2019,
until the date of entry of this judgment, with interest at the statutory rate thereon until the date of
transfer of the Referee's Deed, or so much thereof as the purchase money of the premises will
pay of same, together with $ hereby awarded to the plaintiffs as reasonable
legal fees herein, together with any advances which plaintiffs have made for other taxes, or to
maintain the premises during the consummation of this foreclosure sale not previously included
in any computations and upon proper presentation to the Referee of the proper receipts, all
4
together with interest thereon at the statutory rate.
FOURTH: If said Referee intends to apply for a further allowance for fees, said Referee
may leave upon deposit such amount as will cover such additional allowance to await the further
order of this Court thereon after application duly made.
That in the case the plaintiffs be the purchaser of said premises at said sale, or in the
event that the rights of the purchaser at said sale and the terms of sale under this judgment shall
be assigned to and be acquired by the plaintiffs, and a valid assignment thereof filed with said
Referee, said Referee shall not require the plaintiffs to pay in cash the entire amount bid at said
sale, but shall execute and deliver to plaintiffs a deed or deeds of the premises sold upon the
"FIRST"
payment to the Referee of the amounts specified above in items marked and
"SECOND"
and the amounts of the aforesaid taxes, assessments, sewer rents and water rates,
with interest and penalties thereon, or in lieu of payment of the said lastmentioned amounts,
upon filing with said Referee receipts of the proper municipal authorities showing payment
thereof; that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid
by the plaintiffs, shall be allowed to the plaintiffs and applied by said Referee upon the amounts
due to plaintiffs as specified above in item marked "THIRD"; that if after so applying the balance
of the amount bid, there shall be a surplus over and above the said amounts due to the plaintiffs,
the plaintiffs shall pay to said Referee, upon delivery of said Referee's deed, the amount of such
surplus; that said Referee on receiving said several amounts from plaintiffs shall pay therefrom
the taxes, assessments, sewer rents and water rates, with interest and penalties thereon, unless
same have already been paid, and shall then deposit the balance.
plaintiffs'
That said Referee take receipt of the plaintiffs or attorney for the amounts paid
as hereinbefore directed in item marked "THIRD", and file itwith the Referee's report of sale;
5
that the Referee deposit the surplus monies, if any, with the Queens County Clerk within five
days after the same shall be received and be ascertainable, to the credit of this action, to be
withdrawn only on the order of this Court, signed by a Justice of this Court; that the said Referee
make the Referee's report of sale under oath showing the disposition of the proceeds of the sale
and accompanied by the vouchers of the person to whom payments were made and file itwith the
Clerk of the County of Queens within thirty days after completing the sale and executing the
proper conveyance to the purchaser, and itis further
ORDERED that the purchaser or purchasers at said sale be letinto possession on
production of the Referee's deed or deeds;
AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that each and all of
the defendant(s) in this action and all persons claiming under them, or any or either of them, after
the filing of such notice of pendency of this action, be and they are hereby forever barred and
foreclosed of all right, claim, lien, title,interest and equity of redemption in the said premises and
each and every part thereof, and that the liens for any taxes and assessments foreclosed in this
action be marked canceled of record;
AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the said
"as-is"
premises be sold in one parcel in physical order and condition, subject to any covenants,
easements, reservations and restrictions of record, any violations of record or otherwise and/or
actions relating thereto, any state of facts an accurate survey may show; any zoning regulations or
amendments thereto; rights of tenants or persons in possession of the premises; any rights and/or
interests of any party not a party defendant; any sidewalk violations; and any equity of
redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days
from the date of sale.
6
A description of the said premises hereinbefore mentioned is annexed hereto and made a
part hereof. Upon information and belief, said premises are also known as and by street number:
90-10 ELMHURST AVENUE, JACKSON HEIGHTS, NY.
(See Schedule "A").
E N T E R :
J.S.C.
7
"A"
SCHEDULE
All that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being, and identified on the land and tax map of the County of Queens
in the State of New York, as follows:
Block: 1478
Lot(s) 39
Upon information and belief, said premises are also known as and by street number:
90-10 ELMHURST AVENUE, JACKSON HEIGHTS, NY.
TOGETHER with all right, title and interest of the defendants in and to the land lying in
the streets and roads in front of and adjoining said premises.
8
Preview
At an IAS Term Part 34 of the Supreme Court of the State of New York held in and for the County of Queens at the Courthouse thereof, 25-10 Court Square, Long Island City, NY on the ____ day of , 2020 TAX LIEN FORECLOSURE. THIS IS NOT A RESIDENTIAL MORTGAGE FORECLOSURE. P R E S E N T : HON. ROBERT J. MCDONALD .________________________________ J.S.C. ---------------------------------------------------------------------------X NYCTL 2017-A TRUST AND THE BANK OF NEW YORK INDEX NO: 703488/2018 MELLON, AS COLLATERAL AGENT AND CUSTODIAN FOR NYCTL 2017-A TRUST, JUDGMENT OF FORECLOSURE Plaintiffs, AND SALE -against- AVI-LAM REALTY CORP.; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CITY OF NEW YORK DEPARTMENT OF FINANCE; MIRIAM ifshe be if she be her respective heirs- VALDEZ, living, dead, at-law, next of kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest, and generally all persons having or claiming under, by, or through MIRIAM VALDEZ, if she be dead, whether by purchase, inheritance, lien or otherwise, including any right, titleor interest in and to the real property described in the complaint herein, all of who and whose names and places of residence are unknown to the plaintiffs; LOURDES BURROWS; CARLA AVILES LAW OFFICE, Defendants. ----------------------------------------------------------------------------x On the Summons and Complaint and the Notice of Pendency of Action duly filed in this action on March 7, 2018, and all proceedings thereon, and upon reading and filing the Notice of 1 Motion dated December 13, 2019, and on reading and filing the affirmation of JOSHUA LEVY, ESQ., affirmed December 13, 2019, with the exhibits annexed thereto, and showing that each and allof the defendants herein have been duly served with the summons in this action, or have voluntarily appeared herein, and on reading the affidavits of service heretofore filed in the Office of the Clerk of the County of Queens from all of which itappears that more than the statutory number of days have elapsed since each defendant was served, that none of the defendants answered, moved or appeared with respect thereto, although their time to do so has expired and has not been extended by Court order or otherwise, except the defendants served by publication, said defendants having appeared by the Guardian Ad Litem and Military Attorney, GREGORY M. LASPINA, ESQ., and having demanded notice of this application. On the Order of Reference dated October 15, 2019 appointing GERALD CHIARIELLO, ESQ., as Referee in this action to ascertain and compute the amount due, and to examine the plaintiffs' plaintiffs or agent under oath as to the allegations contained in the complaint, and to examine and report whether the liened premises should be sold in one or more parcels; and on reading and filing the Referee's Oath and Report of Amount Due of the aforesaid Referee sworn to and dated December 6, 2019, itappears that the sum of $34,769.21 was due to the plaintiffs, as of November 25, 2019, exclusive of legal fees, and that the liened premises should be sold in one parcel, and after due deliberation having been had thereon; and upon reading and filing the decision of the Court dated NOW, upon motion of JOSHUA LEVY, ESQ., a member of the firm of the attorney for the plaintiffs, itis ORDERED, that the motion is hereby granted; and itis further ORDERED, ADJUDGED AND DECREED that the said report of GERALD 2 CHIARIELLO, ESQ., dated December 6, 2019, be, and the same is hereby, in all respects ratified and confirmed; and itis further ORDERED, ADJUDGED AND DECREED that the premises described in the complaint and as hereinafter described be sold in one parcel at public auction at the Supreme Court, 88-11 Sutphin Boulevard, Jamaica, NY 11435, in Courtroom #25, at 10:30 A.M. on a Friday, by and under the direction of GERALD CHIARIELLO, ESQ., REFEREE, who is hereby appointed Referee for that purpose; in the absence of the designated Referee, the Court will designate a substitute Referee forthwith; that the said Referee give public notice of the time and place of such sale in accordance with law, practice of this Court and R.P.A.P.L. §231 in ___ ; and the plaintiffs or any other parties to this action may become the purchaser or purchasers at such sale; that in case the plaintiffs shall become the purchaser at the said sale the plaintiffs shall not be required to make any deposit thereon; that the said Referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that in the event a party other than the plaintiffs become the purchaser or purchasers at such sale, they shall be required to tender a deposit of 10% of the purchase price in certified funds and the closing of titleshall be had thirty (30) days after such sale unless otherwise stipulated by allparties to the sale; and itis further ORDERED, ADJUDGED, and DECREED, that said Referee, upon receiving the proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments, sewer rents or water rates which are or may become liens on the premises at the time of sale with interest or penalties which may have lawfully accrued thereon to date of payment; and itis further ORDERED, ADJUDGED, and DECREED that the said Referee then deposit the balance 3 of said proceeds of sale in his/her own name as Referee, in and shall thereafter make the following payments and the Referee's checks drawn for that purpose shall be paid by the said depositary. FIRST: The statutory fees of said Referee in the amount of $500.00, and the fees of the Guardian Ad Litem and Military Attorney, GREGORY M. LASPINA, ESQ., in the amount of $ SECOND: The expense of the sale and the advertising expenses as shown on the bills presented, and certified by the said Referee to be correct, duplicate copies of which shall be annexed to the report of sale when filed. plaintiffs' THIRD: Said Referee shall also pay to the plaintiffs, or attorney, the sum of plaintiffs' $ to plaintiffs or attorney, awarded to the plaintiffs for costs and disbursements in this action, with interest thereon from the date of entry hereof, together with, pursuant to CPLR §8303(a)(1), an additional allowance of $300.00 hereby awarded to the plaintiffs in addition to costs, with interest thereon from the date of entry hereof; and also $34,769.21, as provided in the Referee's report, with interest at the rate set forth in the City of New York Administrative Code from the date computed to in the report, November 25, 2019, until the date of entry of this judgment, with interest at the statutory rate thereon until the date of transfer of the Referee's Deed, or so much thereof as the purchase money of the premises will pay of same, together with $ hereby awarded to the plaintiffs as reasonable legal fees herein, together with any advances which plaintiffs have made for other taxes, or to maintain the premises during the consummation of this foreclosure sale not previously included in any computations and upon proper presentation to the Referee of the proper receipts, all 4 together with interest thereon at the statutory rate. FOURTH: If said Referee intends to apply for a further allowance for fees, said Referee may leave upon deposit such amount as will cover such additional allowance to await the further order of this Court thereon after application duly made. That in the case the plaintiffs be the purchaser of said premises at said sale, or in the event that the rights of the purchaser at said sale and the terms of sale under this judgment shall be assigned to and be acquired by the plaintiffs, and a valid assignment thereof filed with said Referee, said Referee shall not require the plaintiffs to pay in cash the entire amount bid at said sale, but shall execute and deliver to plaintiffs a deed or deeds of the premises sold upon the "FIRST" payment to the Referee of the amounts specified above in items marked and "SECOND" and the amounts of the aforesaid taxes, assessments, sewer rents and water rates, with interest and penalties thereon, or in lieu of payment of the said lastmentioned amounts, upon filing with said Referee receipts of the proper municipal authorities showing payment thereof; that the balance of the amount bid, after deducting therefrom the aforesaid amounts paid by the plaintiffs, shall be allowed to the plaintiffs and applied by said Referee upon the amounts due to plaintiffs as specified above in item marked "THIRD"; that if after so applying the balance of the amount bid, there shall be a surplus over and above the said amounts due to the plaintiffs, the plaintiffs shall pay to said Referee, upon delivery of said Referee's deed, the amount of such surplus; that said Referee on receiving said several amounts from plaintiffs shall pay therefrom the taxes, assessments, sewer rents and water rates, with interest and penalties thereon, unless same have already been paid, and shall then deposit the balance. plaintiffs' That said Referee take receipt of the plaintiffs or attorney for the amounts paid as hereinbefore directed in item marked "THIRD", and file itwith the Referee's report of sale; 5 that the Referee deposit the surplus monies, if any, with the Queens County Clerk within five days after the same shall be received and be ascertainable, to the credit of this action, to be withdrawn only on the order of this Court, signed by a Justice of this Court; that the said Referee make the Referee's report of sale under oath showing the disposition of the proceeds of the sale and accompanied by the vouchers of the person to whom payments were made and file itwith the Clerk of the County of Queens within thirty days after completing the sale and executing the proper conveyance to the purchaser, and itis further ORDERED that the purchaser or purchasers at said sale be letinto possession on production of the Referee's deed or deeds; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED, that each and all of the defendant(s) in this action and all persons claiming under them, or any or either of them, after the filing of such notice of pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title,interest and equity of redemption in the said premises and each and every part thereof, and that the liens for any taxes and assessments foreclosed in this action be marked canceled of record; AND IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the said "as-is" premises be sold in one parcel in physical order and condition, subject to any covenants, easements, reservations and restrictions of record, any violations of record or otherwise and/or actions relating thereto, any state of facts an accurate survey may show; any zoning regulations or amendments thereto; rights of tenants or persons in possession of the premises; any rights and/or interests of any party not a party defendant; any sidewalk violations; and any equity of redemption of the UNITED STATES OF AMERICA to redeem the premises within 120 days from the date of sale. 6 A description of the said premises hereinbefore mentioned is annexed hereto and made a part hereof. Upon information and belief, said premises are also known as and by street number: 90-10 ELMHURST AVENUE, JACKSON HEIGHTS, NY. (See Schedule "A"). E N T E R : J.S.C. 7 "A" SCHEDULE All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being, and identified on the land and tax map of the County of Queens in the State of New York, as follows: Block: 1478 Lot(s) 39 Upon information and belief, said premises are also known as and by street number: 90-10 ELMHURST AVENUE, JACKSON HEIGHTS, NY. TOGETHER with all right, title and interest of the defendants in and to the land lying in the streets and roads in front of and adjoining said premises. 8