Preview
FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
------------------------------------------------------------------------------X
WAJEHA A. SAHAWNEH,
Plaintiff, ATTORNEY'S
AFFIRMATION IN
-against- SUPPORT OF
MOTION TO
THE ESTATE OF ESTHER T. SIDELMAN a/k/a THE ESTATE AUTHORIZE
OF ESTHER SIDELMAN, KAREN BACKMAN, TOWNSEND SERVICE BY
ENTERPRISES, INC., ARTHUR SHUTE, AND "JOHN DOE PUBLICATION
1-10"AND "JANE DOE 1-10", SAID NAMES BEING
FICTITIOUS AND UNKNOWN TO THE PLAINTIFF, THE PERSON
OR PARTIES INTENDED BEING THE PERSONS OR Index No.: 2017-53185
PARTIES, IF ANY, HAVING OR CLAIMING AN INTEREST
IN OR LIEN UPON THE SUBJECT PREMISES,
Defendants.
X
---------------------------------------------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
ANTHONY C. CARLINI, JR., ESQ., affirms under penalties of perjury and states as
follows:
1. I am an attorney duly licensed to practice law in the State of New York, and am
a partner with the law firm of Handel & Carlini, LLP, the attorneys for the Plaintiff and as such, I
am fully familiar with all of the facts and proceedings set forth herein.
2. This Affirmation is submitted in support of Plaintiff WAJEHA A. SAHAWNEH
("Sahawneh"
or "Plaintiff") motion, for an Order permitting Plaintiff to serve the Summons on
Defendant Townsend Enterprises, Inc., by publication, pursuant to C.P.L.R. §311(b) and/or
C.P.L.R. §316 and to extend Plaintiff's time to complete service for ninety (90) days after entry
of an Order.
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FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018
I. FACTUAL BACKGROUND
3. On April 29, 2014 Plaintiff acquired the Property located at North East corner of
Rose Street and Main Street, City of Poughkeepsie, Dutchess County, New York, Tax ID
"Property"
Number 131300-6161-23-361980-0000 (the "Property") at a tax sale held by the City of
"City"
Poughkeepsie (the "City") as a result of the failure to pay certain taxes, then due and owing.
4. On or about December 13, 2017 Plaintiff Sahawneh commenced an action (Index
No. 2017-53185) pursuant to Article 15 of the Real Property Actions and Proceedings Law
("RPAPL") seeking a declaration that Sahawneh's interest in the Property was superior to all
defendants named in that action. On or about January 8, 2018, Plaintiff supplemented the
Summons and Amended the Verified Complaint and Notice of Pendency. A copy of the
Summons and Complaint and Notice of Pendency and Supplemental Summons, Amended
Verified Complaint and Amended Notice of Pendency are annexed hereto as Exhibit "A".
5. All of the other Defendants have been served but none have appeared or answered
herein.
6. As a result of Townsend Enterprises, Inc., former ownership of the Property,
Sahawneh named Townsend Enterprises, Inc., as a Defendant in order to include any individuals
who may have claimed to have some right in, title to,or lien or encumbrance upon the Property
adverse to Sahawneh's rights therein.
7. Although all due diligence has been made on the part of Plaintiff to locate
Defendant Townsend Enterprises, Inc.,for service of process, to date, allattempts have been
unsuccessful. This firm made a diligent search of proprietary and public databases and employed
a skip trace company to locate Defendant Townsend Enterprises, Inc., as evidenced by the
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FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018
accompanying Affidavit of Michele Valenzano of Superior Process, annexed hereto as Exhibit
44@9>
8. Plaintiff now makes the instant motion for an Order authorizing service of the
Summons on Defendant Townsend Enterprises, Inc., by publication pursuant to C.P.L.R. §311(b)
and/or C.P.L.R.§316; and, for an Order, pursuant to C.P.L.R. §306-b extending Plaintiff's time
to complete service, for ninety (90) days after entry of an Order herein.
9. CPLR §311(b) provides, in relevant part:
If service upon a domestic or foreign corporation within
the one hundred twenty days allowed by section three
hundred six-b of this article is impracticable under
paragraph one of subdivision (a) of this section or any
other law, service upon the corporation may be made in
such manner, and proof of service may take such form,
as the court, upon motion without notice, directs.
10. It isfurther respectfully submitted that Defendant Townsend Enterprises, Inc.,
cannot be served in accordance with CPLR §311(a) despite Plaintiff's due diligence; and,
therefore Plaintiff requests an Order of this Court pursuant to C.P.L.R. §311(b) and/or C.P.L.R.
§316 permitting said Defendant to be served by publication.
WHEREFORE, on the foregoing itis respectfully requested that an Order be granted
authorizing service of the Summons on Defendant Townsend Enterprises, Inc., by publication
pursuant to C.P.L.R. and/or C.P.L.R. for an Order pursuant to C.P.L.R. §306-
§311(b) §316; and,
b extending Plaintiff's time to complete service for ninety (90) days after entry of an Order
herein together with such other relief as the Court deems proper.
Anthony C. Carlini, Jr.
Affirmed this 8 day of March, 2018.
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Preview
FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS ------------------------------------------------------------------------------X WAJEHA A. SAHAWNEH, Plaintiff, ATTORNEY'S AFFIRMATION IN -against- SUPPORT OF MOTION TO THE ESTATE OF ESTHER T. SIDELMAN a/k/a THE ESTATE AUTHORIZE OF ESTHER SIDELMAN, KAREN BACKMAN, TOWNSEND SERVICE BY ENTERPRISES, INC., ARTHUR SHUTE, AND "JOHN DOE PUBLICATION 1-10"AND "JANE DOE 1-10", SAID NAMES BEING FICTITIOUS AND UNKNOWN TO THE PLAINTIFF, THE PERSON OR PARTIES INTENDED BEING THE PERSONS OR Index No.: 2017-53185 PARTIES, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE SUBJECT PREMISES, Defendants. X ---------------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) ANTHONY C. CARLINI, JR., ESQ., affirms under penalties of perjury and states as follows: 1. I am an attorney duly licensed to practice law in the State of New York, and am a partner with the law firm of Handel & Carlini, LLP, the attorneys for the Plaintiff and as such, I am fully familiar with all of the facts and proceedings set forth herein. 2. This Affirmation is submitted in support of Plaintiff WAJEHA A. SAHAWNEH ("Sahawneh" or "Plaintiff") motion, for an Order permitting Plaintiff to serve the Summons on Defendant Townsend Enterprises, Inc., by publication, pursuant to C.P.L.R. §311(b) and/or C.P.L.R. §316 and to extend Plaintiff's time to complete service for ninety (90) days after entry of an Order. 1 of 3 FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018 I. FACTUAL BACKGROUND 3. On April 29, 2014 Plaintiff acquired the Property located at North East corner of Rose Street and Main Street, City of Poughkeepsie, Dutchess County, New York, Tax ID "Property" Number 131300-6161-23-361980-0000 (the "Property") at a tax sale held by the City of "City" Poughkeepsie (the "City") as a result of the failure to pay certain taxes, then due and owing. 4. On or about December 13, 2017 Plaintiff Sahawneh commenced an action (Index No. 2017-53185) pursuant to Article 15 of the Real Property Actions and Proceedings Law ("RPAPL") seeking a declaration that Sahawneh's interest in the Property was superior to all defendants named in that action. On or about January 8, 2018, Plaintiff supplemented the Summons and Amended the Verified Complaint and Notice of Pendency. A copy of the Summons and Complaint and Notice of Pendency and Supplemental Summons, Amended Verified Complaint and Amended Notice of Pendency are annexed hereto as Exhibit "A". 5. All of the other Defendants have been served but none have appeared or answered herein. 6. As a result of Townsend Enterprises, Inc., former ownership of the Property, Sahawneh named Townsend Enterprises, Inc., as a Defendant in order to include any individuals who may have claimed to have some right in, title to,or lien or encumbrance upon the Property adverse to Sahawneh's rights therein. 7. Although all due diligence has been made on the part of Plaintiff to locate Defendant Townsend Enterprises, Inc.,for service of process, to date, allattempts have been unsuccessful. This firm made a diligent search of proprietary and public databases and employed a skip trace company to locate Defendant Townsend Enterprises, Inc., as evidenced by the 2 2 of 3 FILED: DUTCHESS COUNTY CLERK 03/08/2018 12:09 PM INDEX NO. 2017-53185 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 03/08/2018 accompanying Affidavit of Michele Valenzano of Superior Process, annexed hereto as Exhibit 44@9> 8. Plaintiff now makes the instant motion for an Order authorizing service of the Summons on Defendant Townsend Enterprises, Inc., by publication pursuant to C.P.L.R. §311(b) and/or C.P.L.R.§316; and, for an Order, pursuant to C.P.L.R. §306-b extending Plaintiff's time to complete service, for ninety (90) days after entry of an Order herein. 9. CPLR §311(b) provides, in relevant part: If service upon a domestic or foreign corporation within the one hundred twenty days allowed by section three hundred six-b of this article is impracticable under paragraph one of subdivision (a) of this section or any other law, service upon the corporation may be made in such manner, and proof of service may take such form, as the court, upon motion without notice, directs. 10. It isfurther respectfully submitted that Defendant Townsend Enterprises, Inc., cannot be served in accordance with CPLR §311(a) despite Plaintiff's due diligence; and, therefore Plaintiff requests an Order of this Court pursuant to C.P.L.R. §311(b) and/or C.P.L.R. §316 permitting said Defendant to be served by publication. WHEREFORE, on the foregoing itis respectfully requested that an Order be granted authorizing service of the Summons on Defendant Townsend Enterprises, Inc., by publication pursuant to C.P.L.R. and/or C.P.L.R. for an Order pursuant to C.P.L.R. §306- §311(b) §316; and, b extending Plaintiff's time to complete service for ninety (90) days after entry of an Order herein together with such other relief as the Court deems proper. Anthony C. Carlini, Jr. Affirmed this 8 day of March, 2018. 3 3 of 3