Preview
FILED: RICHMOND COUNTY CLERK 09/21/2021 04:51 PM INDEX NO. 135020/2021
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/21/2021
UCS-840
REQUEST FOR JUDICIAL INTERVENTION (rev. 07/29/2019)
Richmond Supreme COURT, COUNTY OF Richmond
Index No: 135020/2021 Date Index Issued: 05/25/2021 For Court Use Only:
CAPTION Enter the complete case caption. Do not use et al or et ano. If more space is needed, attach a caption rider sheet.
IAS Entry Date
Gulf Harbour Investments Corporation
Judge Assigned
Plaintiff(s)/Petitioner(s)
-against-
Avi Foox, RAB Performance Recoveries LLC, American Express Centurion Bank, Unifund CCR Partners, John Doe #1
through #6, and Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to RJI Filed Date
designate any and all occupants, tenants, persons or corporations, i...
Defendant(s)/Respondent(s)
NATURE OF ACTION OR PROCEEDING: Check only one box and specify where indicated.
COMMERCIAL MATRIMONIAL
☐ ☐
Business Entity (includes corporations, partnerships, LLCs, LLPs, etc.)
Contested
NOTE: If there are children under the age of 18, complete and attach the
☐ Contract MATRIMONIAL RJI Addendum (UCS-840M).
☐ Insurance (where insurance company is a party, except arbitration)
For Uncontested Matrimonial actions, use the Uncontested Divorce RJI (UD-13).
☐ UCC (includes sales and negotiable instruments)
☐ Other Commercial (specify):
TORTS
NOTE: For Commercial Division assignment requests pursuant to 22 NYCRR 202.70(d),
complete and attach the COMMERCIAL DIVISION RJI ADDENDUM (UCS-840C). ☐ Asbestos
REAL PROPERTY:
☐
Specify how many properties the application includes: 1
Child Victims Act
☐ Environmental (specify):
☐ Condemnation ☐ Medical, Dental, or Podiatric Malpractice
☒ ☒
Mortgage Foreclosure (specify):
Residential ☐ Commercial ☐ Motor Vehicle
58 Darcey Avenue, Staten Island, NY 10314
Property Address: ☐ Products Liability (specify):
☐ Other Negligence (specify):
NOTE: For Mortgage Foreclosure actions involving a one to four-family, owner-
☐ Other Professional Malpractice (specify):
occupied residential property or owner-occupied condominium, complete and
attach the FORECLOSURE RJI ADDENDUM (UCS-840F).
☐ Other Tort (specify):
☐ Tax Certiorari - Section: Block: Lot:
SPECIAL PROCEEDINGS
☐ Tax Foreclosure
☐ Other Real Property (specify): ☐ CPLR Article 75 (Arbitration)
[see NOTE in COMMERCIAL section]
OTHER MATTERS
☐ CPLR Article 78 (Body or Officer)
☐ Election Law
☐ Certificate of Incorporation/Dissolution
[see NOTE in COMMERCIAL section]
☐ Extreme Risk Protection Order
☐ Emergency Medical Treatment
☐ MHL Article 9.60 (Kendra's Law)
☐ Habeas Corpus
☐ MHL Article 10 (Sex Offender Confinement-Initial)
☐ Local Court Appeal
☐ MHL Article 10 (Sex Offender Confinement-Review)
☐ Mechanic's Lien
☐ MHL Article 81 (Guardianship)
☐ Name Change
☐ Other Mental Hygiene (specify):
☐ Pistol Permit Revocation Hearing
☐ Other Special Proceeding (specify):
☐ Sale or Finance of Religious/Not-for-Profit Property
☐ Other (specify):
STATUS OF ACTION OR PROCEEDING: Answer YES or NO for every question and enter additional information where indicated.
YES NO
Has a summons and complaint or summons with notice been filed? ☒ ☐ 05/25/2021
If yes, date filed:
Has a summons and complaint or summons with notice been served?☒ ☐ 06/18/2021
If yes, date served:
Is this action/proceeding being filed post-judgment? ☐ ☒ If yes, judgment date:
NATURE OF JUDICIAL INTERVENTION: Check one box only and enter additional information where indicated.
☐ Infant's Compromise
☐ Extreme Risk Protection Order Application
☐ Note of Issue/Certificate of Readiness
Date Issue Joined:
☐ Notice of Medical, Dental, or Podiatric Malpractice
Relief Requested: Return Date:
☐ Notice of Motion
Relief Requested: Return Date:
☐ Notice of Petition
Relief Requested: Return Date:
☐ Order to Show Cause
Relief Requested:
☐ Other Ex Parte Application
☐ Poor Person Application
☐ Request for Preliminary Conference
☒ Residential Mortgage Foreclosure Settlement Conference
☐ Writ of Habeas Corpus
☐ Other (specify):
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FILED: RICHMOND COUNTY CLERK 09/21/2021 04:51 PM INDEX NO. 135020/2021
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/21/2021
RELATED CASES: List any related actions. For Matrimonial cases, list any related criminal or Family Court cases. If none, leave blank. If additional space
is required, complete and attach the RJI Addendum (UCS-840A).
Case Title Index/Case Number Court Judge (if assigned) Relationship to instant case
PARTIES: For parties without an attorney, check the "Un-Rep" box and enter the party's address, phone number and email in the space
provided. If additional space is required, complete and attach the RJI Addendum (UCS-840A).
Parties Attorneys and/or Unrepresented Litigants Issue Joined Insurance
Un-
Rep List parties in same order as listed in the
For represented parties, provide attorney's name, firm name, address, phone
For each defendant,
For each defendant,
caption and indicate roles (e.g., plaintiff,
and email. For unrepresented parties, provide party's address, phone and
indicate if issue has
indicate insurance
defendant; 3rd party plaintiff, etc.)email. been joined. carrier, if applicable.
Name: Gulf Harbour Investments DAVID GANTZ, McCalla Raymer Leibert Pierce, LLC, 420
☐ Corporation Lexington Ave Ste 840 , New York, NY 10170, ☐ YES ☒ NO
Role(s): Plaintiff/Petitioner 3472867409, david.gantz@mccalla.com
Name: Foox, Avi WILLIAM ONEILL, O'NEILL & O'NEILL, 328 MANOR RD ,
☐ STATEN ISLAND, NY 10314, bill@wjonlaw.com ☒ YES ☐ NO
Role(s): Defendant/Respondent
Name: RAB Performance 99 Washington Avenue, 6TH Floor, Albany, NY 12231
☒ Recoveries LLC
☐ YES ☒ NO
Role(s): Defendant/Respondent
Name: American Express Centurion 28 Liberty Street, New York, NY 10005
☒ Bank
☐ YES ☒ NO
Role(s): Defendant/Respondent
Name: Unifund CCR Partners 10625 Techwoods Circle, Cincinnati, OH 45242
☒ ☐ YES ☒ NO
Role(s): Defendant/Respondent
Name: John Doe #1 through #6, 58 Darcey Avenue, Staten Island, NY 10314
☒ and Jane Doe #1 through #6, the
last t... ☐ YES ☒ NO
Role(s): Defendant/Respondent
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
Name:
☐ ☐ YES ☐ NO
Role(s):
I AFFIRM UNDER THE PENALTY OF PERJURY THAT, UPON INFORMATION AND BELIEF, THERE ARE NO OTHER RELATED ACTIONS OR
PROCEEDINGS, EXCEPT AS NOTED ABOVE, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION BEEN PREVIOUSLY FILED IN THIS
ACTION OR PROCEEDING.
Dated: 09/21/2021 DAVID GANTZ
Signature
4567921 DAVID GANTZ
Attorney Registration Number Print Name
This form was generated by NYSCEF
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FILED: RICHMOND COUNTY CLERK 09/21/2021 04:51 PM INDEX NO. 135020/2021
Caption
NYSCEF Rider
DOC. Sheet
NO. 17 RECEIVED NYSCEF: 09/21/2021
Plaintiff(s)/Petitioner(s)
VS.
Avi Foox, RAB Performance Recoveries LLC, American Express Centurion Bank, Unifund CCR Partners, John Doe #1 through #6, and
Jane Doe #1 through #6, the last twelve names being fictitious, it being the intention of Plaintiff to designate any and all occupants,
tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein
Defendant(s)/Respondent(s)
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