Preview
FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------ -------------------------X
AJX MORTGAGE TRUST II, A DELAWARE
TRUST, WILMINGTON SAVINGS FUND SOCIETY,
FSB, TRUSTEE, 1. NOTICE OF APPEARANCE
2. CLAIM TO AND DEMAND FOR
Plaintiff, SURPLUS MONIES PURSUANT
TO R.P.A.P.L.
-against- 3. NOTICE OF DEMAND FOR
NAMES AND ADDRESSES OF
ROBERT M. CIMMINO A/K/A ROBERT CIMMINO; ATTORNEYS
CATHY CIMM1NO AKA CATHY A. CIMMINO
BOARD OF DIRECTORS OF WOLCOTT
AVENUE HOMEOWNERS ASSOCIATION, INC.;
WOLCOTT AVENUE HOA INC., NEW YORK CITY Index No. 135504/2018
DEPARTMENT OF FINANCE PARKING
DOE"
VIOLATIONS BUREAU; "JOHN and
DOE,"
"JANE said names being fictitious, itbeing
the intention of plaintiff to designate any and all
occupants of premises being foreclosed herein,
Defendants.
---------- -------X
PLEASE TAKE NOTICE, that the Defendant, WOLCOTT AVENUE HOMEOWNERS
ASSOCIATION, INC., hereby appears in the above-entitled action, that the undersigned has been
retained as attorney for said Defendant and said Defendant hereby waives service of all papers and
notice of all proceedings in said action except the following:
1. Copy of Amended and/or Supplemental Summons, Complaint and Notice of Pendency.
2. Copy of Order Appointing Referee to compute the sums due and owing to the Plaintiff.
3. Copy of Referee's Report and computation of the sums due and owing to the Plaintiff.
4. Notice of Motion or other application for Judgment of Foreclosure and Sale.
5. Copy of the Judgment of Foreclosure and Sale entered in the above-entitled action.
6. Copy of Notice of Sale to be served at least twenty (20) days before the scheduled date of
sale.
7. Notice of any and allproceedings to discontinue action.
8. Notice of any and allproceedings to obtain surplus monies.
9. Notice of any and allproceedings to obtain a deficiency judgment.
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FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018
CLAIM TO SURPLUS MONIES
PLEASE TAKE FURTHER NOTICE that said Defendant, hereby makes a claim to any surplus
monies that may arise out of any foreclosure sale of the premises described in the complaint, and
which is the subject of the above entitled action; or so much of said surplus, as will satisfy any and
all sums owing to the said Defendant. That the said claim of the Defendant arises by virtue ofunpaid
attorneys'
common charges, assessments, plus interest and expenses, including reasonable fees,
pursuant to the Declaration and By-Laws of WOLCOTT AVENUE HOMEOWNERS
ASSOCIATION, INC. Said claim is next in priority after the mortgage of the Plaintiff.
NOTICE OF INTENTION TO MAKE APPLICATION
PURSUANT TO ARTICLE 9-B OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW §339-Z
PLEASE TAKE FURTHER NOTICE, that said Defendant, pursuant Article 9-B ofthe Real Property
Actions and Proceedings Law §339-z, shall, at the time of the application by Plaintiff for the entry of
a Judgment of Foreclosure and Sale, move this Court for an Order directing that the Referee
appointed in said Judgment of Foreclosure and Sale pay over from the proceeds of sale, any surplus
monies remaining in reduction of the indebtedness due and owing to said Defendant including
attorneys'
unpaid conunon charges, assessments, interest, late fees and reasonable fees.
DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS
PLEASE TAKE FURTHERNOTICE, that the said Defendant hereby demands that you serve upon
the undersigned a statement setting forth the names and addresses of allattorneys who have appeared
in this action.
Dated: Staten Island, NY
October 16, 2018 FIORE LAW FIRM, P.C.
Attorneys for Defendant, WOLCOTT AVENUE
HOMEOWNERS ASSOCIATION, INC.
623 North Railroad Avenue
Staten Island, New York 10304
351- 600
(718)
MARGUERITE A. F ORE
TO: FRIEDMAN VARTOLO LLP
Attorneys for Plaintiff
85 Broad Street, Suite 501
New York, New York 10004
(212) 471-5100
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FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018
Index No. Year so
135504/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
AJX MORTGAGE TRUST II, A DELAWARE TRUST, WILMINGTON SAVINGS FUND
SOCIETY, FSB, TRUSTEE,
Plaintiff,
-against-
ROBERT M. CIMMINO A/KA/ ROBERT CIMMINO; CATHY CIMMINO AKA CATHY A.
CIMMINO WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC., et al,
Defendants.
NOTICE OF APPEARANCE AND CLAIM TO SURPLUS MONIES
FIORE LAW FIRM, P.C.
Attorney for Defendant WOLCOTT AVENUE HOMEOWNERS
ASSOCIATION, INC.
623 NORTH RAR ROAD AVENUE
STATEN ISLAND, NEW YORK 10304
(718) 351-3000
Pursuant to22 NYCRR 130-1,1-a, theundersigñéd, an attorney admitted to practicein the courts ofNew York State,
certifiesthat, upon information and belief and reasonable inquiry, (1)the contentione coñ:aiñéd in the annexed
document are not frivolous and that (2) ifthe annexed document isan initiating pleading, (i)the matter was not
obtained through illegalconduct, or that ifitwas, theattorney orother persons responsible for the illegalcüüduct are
not participating in the matter or sharing in any fee earned therefrom and that (ii)
if the matter involves pc-tani :
claims forpersonal injury or wrongful death, the matter was not obtained inviolation of 22 NYCRR 1200.41-a.
signature
Dated:............................................. .....................................
. ....
PrintSigner's
Name.......,,,..........................................................,................
..
Service of a copy of thewithin is hereby admitted.
Dated:
Attorney(s) for
PLEASE TAKE NOTICE
that the within is a (certified) true copy of a
NOTICEOF entered in the office ofthe clerk of the within-named Court on 20
ENTRY
that an Order of which the within is a true copy will be presented for settic:;sc;tt
to the
NOTICEDF Hon. , one of thefudges of the within-named Court,
SETTLEMENT at
on 20 , at M.
Da.ted:
3 of 3
Preview
FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------ -------------------------X AJX MORTGAGE TRUST II, A DELAWARE TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, TRUSTEE, 1. NOTICE OF APPEARANCE 2. CLAIM TO AND DEMAND FOR Plaintiff, SURPLUS MONIES PURSUANT TO R.P.A.P.L. -against- 3. NOTICE OF DEMAND FOR NAMES AND ADDRESSES OF ROBERT M. CIMMINO A/K/A ROBERT CIMMINO; ATTORNEYS CATHY CIMM1NO AKA CATHY A. CIMMINO BOARD OF DIRECTORS OF WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC.; WOLCOTT AVENUE HOA INC., NEW YORK CITY Index No. 135504/2018 DEPARTMENT OF FINANCE PARKING DOE" VIOLATIONS BUREAU; "JOHN and DOE," "JANE said names being fictitious, itbeing the intention of plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. ---------- -------X PLEASE TAKE NOTICE, that the Defendant, WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC., hereby appears in the above-entitled action, that the undersigned has been retained as attorney for said Defendant and said Defendant hereby waives service of all papers and notice of all proceedings in said action except the following: 1. Copy of Amended and/or Supplemental Summons, Complaint and Notice of Pendency. 2. Copy of Order Appointing Referee to compute the sums due and owing to the Plaintiff. 3. Copy of Referee's Report and computation of the sums due and owing to the Plaintiff. 4. Notice of Motion or other application for Judgment of Foreclosure and Sale. 5. Copy of the Judgment of Foreclosure and Sale entered in the above-entitled action. 6. Copy of Notice of Sale to be served at least twenty (20) days before the scheduled date of sale. 7. Notice of any and allproceedings to discontinue action. 8. Notice of any and allproceedings to obtain surplus monies. 9. Notice of any and allproceedings to obtain a deficiency judgment. 1 1 of 3 FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018 CLAIM TO SURPLUS MONIES PLEASE TAKE FURTHER NOTICE that said Defendant, hereby makes a claim to any surplus monies that may arise out of any foreclosure sale of the premises described in the complaint, and which is the subject of the above entitled action; or so much of said surplus, as will satisfy any and all sums owing to the said Defendant. That the said claim of the Defendant arises by virtue ofunpaid attorneys' common charges, assessments, plus interest and expenses, including reasonable fees, pursuant to the Declaration and By-Laws of WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC. Said claim is next in priority after the mortgage of the Plaintiff. NOTICE OF INTENTION TO MAKE APPLICATION PURSUANT TO ARTICLE 9-B OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW §339-Z PLEASE TAKE FURTHER NOTICE, that said Defendant, pursuant Article 9-B ofthe Real Property Actions and Proceedings Law §339-z, shall, at the time of the application by Plaintiff for the entry of a Judgment of Foreclosure and Sale, move this Court for an Order directing that the Referee appointed in said Judgment of Foreclosure and Sale pay over from the proceeds of sale, any surplus monies remaining in reduction of the indebtedness due and owing to said Defendant including attorneys' unpaid conunon charges, assessments, interest, late fees and reasonable fees. DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS PLEASE TAKE FURTHERNOTICE, that the said Defendant hereby demands that you serve upon the undersigned a statement setting forth the names and addresses of allattorneys who have appeared in this action. Dated: Staten Island, NY October 16, 2018 FIORE LAW FIRM, P.C. Attorneys for Defendant, WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC. 623 North Railroad Avenue Staten Island, New York 10304 351- 600 (718) MARGUERITE A. F ORE TO: FRIEDMAN VARTOLO LLP Attorneys for Plaintiff 85 Broad Street, Suite 501 New York, New York 10004 (212) 471-5100 2 2 of 3 FILED: RICHMOND COUNTY CLERK 10/17/2018 02:27 PM INDEX NO. 135504/2018 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 10/17/2018 Index No. Year so 135504/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND AJX MORTGAGE TRUST II, A DELAWARE TRUST, WILMINGTON SAVINGS FUND SOCIETY, FSB, TRUSTEE, Plaintiff, -against- ROBERT M. CIMMINO A/KA/ ROBERT CIMMINO; CATHY CIMMINO AKA CATHY A. CIMMINO WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC., et al, Defendants. NOTICE OF APPEARANCE AND CLAIM TO SURPLUS MONIES FIORE LAW FIRM, P.C. Attorney for Defendant WOLCOTT AVENUE HOMEOWNERS ASSOCIATION, INC. 623 NORTH RAR ROAD AVENUE STATEN ISLAND, NEW YORK 10304 (718) 351-3000 Pursuant to22 NYCRR 130-1,1-a, theundersigñéd, an attorney admitted to practicein the courts ofNew York State, certifiesthat, upon information and belief and reasonable inquiry, (1)the contentione coñ:aiñéd in the annexed document are not frivolous and that (2) ifthe annexed document isan initiating pleading, (i)the matter was not obtained through illegalconduct, or that ifitwas, theattorney orother persons responsible for the illegalcüüduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves pc-tani : claims forpersonal injury or wrongful death, the matter was not obtained inviolation of 22 NYCRR 1200.41-a. signature Dated:............................................. ..................................... . .... PrintSigner's Name.......,,,..........................................................,................ .. Service of a copy of thewithin is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a NOTICEOF entered in the office ofthe clerk of the within-named Court on 20 ENTRY that an Order of which the within is a true copy will be presented for settic:;sc;tt to the NOTICEDF Hon. , one of thefudges of the within-named Court, SETTLEMENT at on 20 , at M. Da.ted: 3 of 3