Preview
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
...----__-..--...--_..-------_.---...----_-----..------------X
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTEHOLDERS AND THE INDEX No.: 508445/2015
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4
NOTICE OF REJECTION
Plaintiff,
-against-
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE OF
LEROY BRODWITH; BENIAH ANOKAM; NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE;
NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD; UNITED STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the lasttwelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien
upon the Subject Property described in the Complaint,
Defendant,
--------··------------------··----------------------X X
PLEASE TAKE NOTICE that Plaintiff herein rejects and returns the enclosed Defendant's
Notices of Oral Examination on the grounds that a party in default is not entitled to discovery. See
(13t
Yeboah v. Gaines Service Leasing, 250 A.D.2d 453, 673 N.Y.S.2d 403 Dept. 1998); Toure v.
(1st
Harrison, 6 A.D.3d 270, 775 N.Y.S.2d 282 Dept. 2004); Law Firm of Ravi Batra, P.C. v.
(1st
Rabinowich, 77 A.D.3d 532, 909 N.Y.S.2d 706 Dept. 2010).
Dated: April 25, 2018
Westbury, New York RAS BORIS N, LLC
By: Samantha Sandler, Esq.
Attorneys for Plaintiff
1 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018
900 Merchants Concourse
Westbury, New York 11590
Phone: 516.280.7675
TO:
JONATHAN DAVID BACHRACH, Esq.
Attorney for Defendant Theresa Brodwith, individually and as administratrix and heir of the
Estate of Leroy Brodwith
32"d
55 Water St., F1
New York, NY 10041
2 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF
FILED
DOC. NO.
KINGS
70 COUNTY CLERK
RECEIVED
INDEX NYSCEF:
NO. 04/26/2018
508445/2015
: 04/24/2010 08:23 PM|
NYSCEF'
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 04/24/2018
SUPREME COURTOF THE STATEOFNEW YORK
COUNTY OF KINGS
----------------------------------------------------------X Index No. 15-508445
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ONBEHALFOF THENOTEHOLDERS ANDTHE
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4, NOTICE OF
Plaintiff, ORAL EXAMINATION
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendants.
-------------------------------------------------------------X
C O U N S E L:
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and
Rules, the Defendant THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH will examine
Vanessa Giorgiani, before a Notary Public or other duly qualified officer, upon oral
32"d
deposition at the offices of JONATHAN DAVID BACHRACH, ESQ.,55 Water Street,
Floor, New York, NY 10041, commencing at 10:00 a.m. on June 12, 2018, and continuing
thereafter until the examination is concluded.
PLEASE TAKE FURTHER NOTICE that itis demanded that Vanessa Giorgiani
bring to said all examination books, records, papers and documents necessary to prove the
claims set forth in the affidavit of indebtedness of Vanessa Giorgiani, sworn to October 10,
2017, submitted in the above captioned action.
of 2
3 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED
INDEX NYSCEF:
NO. 04/26/2018
508445/2015
FILED : KINGS COUNTY CLERK 04/24/2018 08 : 23 PM
NYSCEF DOC, NO. 68 RECEIVED NYSCEF: 04/24/2018
Dated: New York, New York
April 24, 2018
Yours, etc.,
JONATHAN DAVID BACHRACH, ESQ.
Attorney for Defendant MIMI GROOM
- 32nd
55 Water Street Floor
New York, New York 10041
(212) 977-2400
TO: RAS Boriskin, LLC
Attorneys For Plaintiff
900 Merchants Concourse, Suite 106
Westbury, NY 11590
(516) 280-7675
New York State Department of Taxation and Finance 300 Motor Parkway Hauppauge, NY 11788
New York City Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007
Beniah Anokam 561 New Jersey Avenue Brooklyn, NY 11207
United States of America 271 Cadman Plaza Brooklyn, NY 11201
Charles Anokam as John Doe #1 561 New Jersey Avenue, IstFloor Brooklyn, NY 11207
May Anokam as John Doe #2 561 New Jersey Avenue, 1st Floor, Brooklyn, NY 11207
Fati Obogulo as John Doe #3 561 New Jersey Avenue, 2nd Floor Brooklyn, NY 11207
Soloman Mbagwu as John Doe #4 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207
Moussa Bagawaw as John Doe #5 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207
-2-
2 of 2
4 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED
INDEX NYSCEF:
NO. 04/26/2018
508445/2015
FILED : KINGS COUNTY CLERK 04/24/2018 08:23 Ph$
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/24/2018
SUPREMECOURTOFTHE STATEOFNEW YORK
COUNTY OF KINGS
--------------------------------------------------------X Index No. 15-508445
THE BANK OF NEW Y ORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE
ON BEHALF OF THE NOTEHOLDERS AND THE
NOTE INSURER OF ABFS MORTGAGE LOAN
TRUST 2000-4, NOTICE OF
Plaintiff, ORAL EXAMINATION
- against -
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH, et al.,
Defendants.
----------------------------------------------------------X
C O U N S E L:
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and
Rules, the Defendant THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH willexamine
Plaintiff , before a Notary Public or other duly qualified officer, upon oral deposition at the
32"d
offices of JONATHAN DAVID BACHRACH, ESQ.,55 Water Street, Floor, New
York, NY 10041, commencing at 10:00 a.m. on June 14, 2018, and continuing thereafter
until the examination is concluded.
PLEASE TAKE FURTHER NOTICE that itis demanded that Plaintiffbring to said
all examination books, records, papers and documents necessary to prove the claims set
forth in itmotion for an order of reference submitted on December 27, 2017, in the above
captioned action.
1 of 2
5 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED
INDEX NYSCEF:
NO. 04/26/2018
508445/2015
FILED : KINGS COUNTY CLERK 04/24/2018 08:23 Ply
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/24/2018
Dated: New York, New York
April 24, 2018
Yours, etc.,
JONATHAN DAVID BACHRACH, ESQ.
Attorney for Defendant MIMI GROOM
- 32nd
55 Water Street Floor
New York, New York 10041
(212) 977-2400
TO: RAS Boriskin, LLC
Attorneys For Plaintiff
900 Merchants Concourse, Suite 106
Westbury, NY 11590
(516) 280-7675
New York State Department of Taxation and Finance 300 Motor Parkway Hauppauge, NY 11788
New York City Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007
Beniah Anokam 561 New Jersey Avenue Brooklyn, NY 11207
United States of America 271 Cadman Plaza Brooklyn, NY 11201
Charles Anokam as John Doe #1 561 New Jersey Avenue, IstFloor Brooklyn, NY 11207
May Anokam as John Doe 02 561 New Jersey Avenue, 1st Floor, Brooklyn, NY 11207
Fati Obogulo as John Doe 03 561 New Jersey Avenue, 2nd Floor Brooklyn, NY 11207
Soloman Mbagwu as John Doe #4 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207
Moussa Bagawaw as John Doe 45 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207
-2-
2 of 2
6 of 7
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018
INDEX No.: 508445/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE
INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4
Plaintiff,
-against-
THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF
THE ESTATE OF LEROY BRODWITH; BENIAH ANOKAM; NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD; UNITED STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve names being fictitious and
unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien upon the Subject Property
described in the Complaint,
Defendants.
NOTICE OF REJECTION
RAS BORISKIN, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite LL-5
Westbury, New York 11590
Phone: 516.280.7675
Facsimile: 516.280.7674
7 of 7
Preview
FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ...----__-..--...--_..-------_.---...----_-----..------------X THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE INDEX No.: 508445/2015 NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4 NOTICE OF REJECTION Plaintiff, -against- THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH; BENIAH ANOKAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendant, --------··------------------··----------------------X X PLEASE TAKE NOTICE that Plaintiff herein rejects and returns the enclosed Defendant's Notices of Oral Examination on the grounds that a party in default is not entitled to discovery. See (13t Yeboah v. Gaines Service Leasing, 250 A.D.2d 453, 673 N.Y.S.2d 403 Dept. 1998); Toure v. (1st Harrison, 6 A.D.3d 270, 775 N.Y.S.2d 282 Dept. 2004); Law Firm of Ravi Batra, P.C. v. (1st Rabinowich, 77 A.D.3d 532, 909 N.Y.S.2d 706 Dept. 2010). Dated: April 25, 2018 Westbury, New York RAS BORIS N, LLC By: Samantha Sandler, Esq. Attorneys for Plaintiff 1 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018 900 Merchants Concourse Westbury, New York 11590 Phone: 516.280.7675 TO: JONATHAN DAVID BACHRACH, Esq. Attorney for Defendant Theresa Brodwith, individually and as administratrix and heir of the Estate of Leroy Brodwith 32"d 55 Water St., F1 New York, NY 10041 2 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF FILED DOC. NO. KINGS 70 COUNTY CLERK RECEIVED INDEX NYSCEF: NO. 04/26/2018 508445/2015 : 04/24/2010 08:23 PM| NYSCEF' NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 04/24/2018 SUPREME COURTOF THE STATEOFNEW YORK COUNTY OF KINGS ----------------------------------------------------------X Index No. 15-508445 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ONBEHALFOF THENOTEHOLDERS ANDTHE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, NOTICE OF Plaintiff, ORAL EXAMINATION - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendants. -------------------------------------------------------------X C O U N S E L: PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the Defendant THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH will examine Vanessa Giorgiani, before a Notary Public or other duly qualified officer, upon oral 32"d deposition at the offices of JONATHAN DAVID BACHRACH, ESQ.,55 Water Street, Floor, New York, NY 10041, commencing at 10:00 a.m. on June 12, 2018, and continuing thereafter until the examination is concluded. PLEASE TAKE FURTHER NOTICE that itis demanded that Vanessa Giorgiani bring to said all examination books, records, papers and documents necessary to prove the claims set forth in the affidavit of indebtedness of Vanessa Giorgiani, sworn to October 10, 2017, submitted in the above captioned action. of 2 3 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED INDEX NYSCEF: NO. 04/26/2018 508445/2015 FILED : KINGS COUNTY CLERK 04/24/2018 08 : 23 PM NYSCEF DOC, NO. 68 RECEIVED NYSCEF: 04/24/2018 Dated: New York, New York April 24, 2018 Yours, etc., JONATHAN DAVID BACHRACH, ESQ. Attorney for Defendant MIMI GROOM - 32nd 55 Water Street Floor New York, New York 10041 (212) 977-2400 TO: RAS Boriskin, LLC Attorneys For Plaintiff 900 Merchants Concourse, Suite 106 Westbury, NY 11590 (516) 280-7675 New York State Department of Taxation and Finance 300 Motor Parkway Hauppauge, NY 11788 New York City Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007 Beniah Anokam 561 New Jersey Avenue Brooklyn, NY 11207 United States of America 271 Cadman Plaza Brooklyn, NY 11201 Charles Anokam as John Doe #1 561 New Jersey Avenue, IstFloor Brooklyn, NY 11207 May Anokam as John Doe #2 561 New Jersey Avenue, 1st Floor, Brooklyn, NY 11207 Fati Obogulo as John Doe #3 561 New Jersey Avenue, 2nd Floor Brooklyn, NY 11207 Soloman Mbagwu as John Doe #4 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207 Moussa Bagawaw as John Doe #5 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207 -2- 2 of 2 4 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED INDEX NYSCEF: NO. 04/26/2018 508445/2015 FILED : KINGS COUNTY CLERK 04/24/2018 08:23 Ph$ NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/24/2018 SUPREMECOURTOFTHE STATEOFNEW YORK COUNTY OF KINGS --------------------------------------------------------X Index No. 15-508445 THE BANK OF NEW Y ORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, NOTICE OF Plaintiff, ORAL EXAMINATION - against - THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH, et al., Defendants. ----------------------------------------------------------X C O U N S E L: PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the Defendant THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH willexamine Plaintiff , before a Notary Public or other duly qualified officer, upon oral deposition at the 32"d offices of JONATHAN DAVID BACHRACH, ESQ.,55 Water Street, Floor, New York, NY 10041, commencing at 10:00 a.m. on June 14, 2018, and continuing thereafter until the examination is concluded. PLEASE TAKE FURTHER NOTICE that itis demanded that Plaintiffbring to said all examination books, records, papers and documents necessary to prove the claims set forth in itmotion for an order of reference submitted on December 27, 2017, in the above captioned action. 1 of 2 5 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED INDEX NYSCEF: NO. 04/26/2018 508445/2015 FILED : KINGS COUNTY CLERK 04/24/2018 08:23 Ply NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 04/24/2018 Dated: New York, New York April 24, 2018 Yours, etc., JONATHAN DAVID BACHRACH, ESQ. Attorney for Defendant MIMI GROOM - 32nd 55 Water Street Floor New York, New York 10041 (212) 977-2400 TO: RAS Boriskin, LLC Attorneys For Plaintiff 900 Merchants Concourse, Suite 106 Westbury, NY 11590 (516) 280-7675 New York State Department of Taxation and Finance 300 Motor Parkway Hauppauge, NY 11788 New York City Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007 Beniah Anokam 561 New Jersey Avenue Brooklyn, NY 11207 United States of America 271 Cadman Plaza Brooklyn, NY 11201 Charles Anokam as John Doe #1 561 New Jersey Avenue, IstFloor Brooklyn, NY 11207 May Anokam as John Doe 02 561 New Jersey Avenue, 1st Floor, Brooklyn, NY 11207 Fati Obogulo as John Doe 03 561 New Jersey Avenue, 2nd Floor Brooklyn, NY 11207 Soloman Mbagwu as John Doe #4 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207 Moussa Bagawaw as John Doe 45 561 New Jersey Avenue, 2nd Floor, Brooklyn, NY 11207 -2- 2 of 2 6 of 7 FILED: KINGS COUNTY CLERK 04/26/2018 11:05 AM INDEX NO. 508445/2015 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/26/2018 INDEX No.: 508445/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4 Plaintiff, -against- THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH; BENIAH ANOKAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendants. NOTICE OF REJECTION RAS BORISKIN, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite LL-5 Westbury, New York 11590 Phone: 516.280.7675 Facsimile: 516.280.7674 7 of 7