Motion-Secondary: Cheryl Turner v. Community Counseling And Mediation, Hayaa Snediker Llc

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                                FILED:         KINGS       COUNTY         CLERK        05/09/2022             04:23       PM                        INDEX    NO.   507841/2022
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     05/09/2022




                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS
                  ----------------------------------                           x
                  CHERYL TURNER,                                               : Index No. 507841/2022
                                                                               :
                                         Plaintiff,                            :
                                                                               :
                                           -against-                           :   AFFIRMATION IN SUPPORT OF
                                                                               :          MOTION TO DISMISS
                  COMMUNITY COUNSELING AND                                     :
                  MEDIATION and HAYAA SNEDIKER LLC,                            :
                                                                               :
                                         Defendants.                           :
                  ----------------------------------                           x

                           TRISTAN C. LOANZON, under penalty of perjury, states the following:

                           1.       I am a partner at Loanzon LLP, the attorney for co-Defendant Community

                  Counseling and Mediation (“CCM”). and I am attorney in good standing with the bar of the State

                  of New York. I submit this affirmation based on my personal knowledge of the facts and in

                  support of CCM’s motion to dismiss.

                           2.       C.C.M.S. d/b/a CCM is a non-profit organization based in Brooklyn. See

                  https://www.ccmnyc.org. The vacant lot that it purchased and that is now the subject of this

                  lawsuit will be the future location of a supportive housing unit called Jackson’s Place. See

                  https://thenyhc.org/projects/jacksons-place/.

                           3.       Exhibit A is the summons and complaint dated March 16, 2022.

                           4.       Exhibit B is a copy of the deed to Plaintiff’s property at 743 Snediker Avenue,

                  Brooklyn, New York 11207. I obtained the deed from the ACRIS database of New York City’s

                  Department of Finance. In the deed, the description of Plaintiff’s property speaks of no easement

                  with respect to the property owned by CCM. The description, however, describes a four-foot

                  easement with the adjoining premises in the north of Plaintiff’s property. CCM’s property is to

                  the south of Plaintiff’s.




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   FILED:         KINGS       COUNTY         CLERK        05/09/2022             04:23       PM                        INDEX    NO.   507841/2022
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     05/09/2022




                           5.       Exhibit C is a copy of the tax map showing Plaintiff’s and CCM’s respective

                  properties. I obtained the tax map from the ACRIS database. It may also be found under the

                  following URL:

                           http://maps.nyc.gov/taxmap/map.htm?z=12&p=1012761,178527&a=DTM&c=dt

                           m&f=CONDO_RANGE,LOT_FACE_SMALL&s=l:BROOKLYN,3874,4,EVER

                           Y_BBL

                  It is clear from the tax map that the property to the north (Lot 5) of Plaintiff’s property (Lot 4) is

                  not CCM’s property which is in southern portion and is located in Lot 1. Therefore, the easement

                  described in Plaintiff’s deed is with the neighboring Lot 5, and not Lot 1.

                           6.       For the above reasons, and those stated in the accompanying memorandum of

                  law, CCM respectfully request the Court to dismiss Plaintiff’s Complaint in its entirety, and for

                  an order that the Court deems just and proper.

                  Dated:   New York, New York
                           May 9, 2022

                                                                        ________________________
                                                                        Tristan C. Loanzon




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