Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------X
HILTON RESORTS CORPORATION, Index No.:
Plaintiff,
Notice of Pendency
-against- of Action
GIOVANNI FRABASILE and HELEN PASEK,
Defendants.
X
----------------------------------------------------------------X
NOTICE IS HEREBY GIVEN, that an action has been commenced and is
pending in this Court upon a complaint of the above named plaintiff against the above
named defendant for the foreclosure of a mortgage bearing date of March 26, 2016,
executed by Defendants to Plaintiff to secure the sum of $31,920.00 and recorded on
March 14, 2017, in the Office of the City Register of New York County, City Register
File Number 2017000100020.
AND NOTICE IS FURTHER GIVEN, that the fractional interest in the
mortgaged premises affected by said foreclosure action, was, at the time of
commencement of said action, and at the time of the filing of this notice situated in New
York County, a fractional interest of 0.027198% in the premises at Block 1006, Tax Lot
1304 on the land and tax map of the County of New York in the State of New York, and
A"
is described in said mortgage as follows: See "Exhibit Legal Description annexed
hereto and made a part hereof.
Said premises being known as and by Block 1006, Tax Lot 1304 and street
number 1335 Avenue of the Americas, New York, New York.
,'
Firm/727/00581/01i127308.DOCX',
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FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018
The Clerk of the County of New York is directed to index this notice to the names
of the following Defendant(s):
GIOVANNI FRABASILE and HELEN PASEK, and as against a fractional
interest of 0.027198% in the premises situated at Block 1006, Tax Lot 1304 on the land
and tax map of the County of New York.
Dated: Farmingdale, New York
April 30, 2018
CRUSER, MITCII LL, NOVITZ
SANCHKX;C.
SANCHEZrG ON & ZIME ,1LPLP
By: g l
Harp et a r, Es .
Attorneys for Plaintiff
Hilton Resorts Corporation
341 Conklin Street, 2nd Floor
Farmingdale, NY 11735
516.586.8513
' 1i0 l 82730S.I:6:<.
,I'irm/727l00s8
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018
EXHIBIT "A"
LEGAL
.LEGAL DESCRIPTION
FLOATING.UNIT/FLOATiNGTIME1.ISE K1GHTS
A Vacation Qwnership Interest:consisting ofao.undMded
fee simply tenant in common imerest in perpetuity
below in and-to Phase'I os
in thc fraction scRorth 'project and the Cònünon Apeas tficicto,
and In the Common
Elements appurtenant .theretolinthe Céndominium
Declaration, aidefmed
below, said interest beingh
a Wgle4hmily
dwellingand subject to, (I) .the CondomhtIum
Declaredon and (if)
the Declaradon
of Covenants, Conditions
and
Restrictions dated September23 Nev/'
2015 and recorded.in the Office of the City Register, City of New
York, Ne#York
Coumy, NewYork ott October 29, 20Ï$
as CRFN 2015000387244, and all.exhibits attached therete
as amendedfrom
time to time {the
"Thneshare The Condominiualppeclaratice
Declaration"), and the TimeshareDeclaration,
as each
as'thc."Declarations;"
'
be further amended from time to time,.are hereinafter collectively referred to as the."Declaratfois;"
the."Declarations;
Together with the following:
(a) lice righttoteserve
aTisfie Period, as defined in (.hoTimeshare Declaration, and to use and occupyA
Suite,of the Suite Configuradón
set fortli
below, on a floating use basis as set.forth
below, in accordance with, .and
arwf
and
subject to the Declarations, the'
aa amended,4getherwiththe right
lit common with
all Owners.to
ese and crfjby
the
.cqjoy
ergot
Commoti Areas and Common :Elementsduring: the Home
Week reserved to
trach aforesaid yacation I
Ownership
Interest as are andynay be set forth in the TimeshareDoolecaùon;
Vai;mion Ownership
Interest: f.
UndMded faterest jn Phase1.of the.Pmject:
. . 00271980765638990 4
'
UndividedInterest in
234P1of .
the Cominon Elements . . . 0.0271980765638990'99
'Yj
.
Sulfe Con5garatiost: . STUDIO PREMIBR ..
season; ego
Recurrir Use night: YIIAR . .
.4406-
¹406.
4406
internal;1nterval CoatmiNumb.cr: 4
and
(b) Menâershipin the..Hilton Grand Vacations Club.
The Condominiurn Amended'
Unitand. appurtenant undivided
Common Interest (ss-pu.dh term
is. defined
in the Ameaded
defined
Condominiumbeolaration, below)definedanddescribed below,:known
as Unit HU3¿ which
Chwhinium
Unit is part orthc; condotninium-projectKrerwn
as The Nnicondominium (the "Cendominium")cognprisedof the
land described below
(the "Land") located thereon (the "Buliding"),
.and thc.buihiing knéwn?as
beirig coinmonly
1335' 'Asw"
1331Avence of New Yorti(said
the Americas, Neiv York, and Land, coDectively
Buildliig he kPropett9 hicit
under'
Condomitilum was established .by
thatcertain made
Declaration by Hilton-
.88tonHotch Corporationunderthe
Netv'
-Coodominium
condominhun Act of the State of New Yórk (Arele
9-B-ofthe of the;State of New Yorkk
Real Progietty Iaw dated
Fdirùary1, 2002, executed July 23, 2003, and recorded November:3, 2003 in the)Officcofthb of. r3'
RegistereftheCity
.New York,County -of NewYork(the"City,Itegister's as .CRFN
Office") (thc
(the Condominista
CRIIht 20030004425 12, .(the
as amended by that ccitain.First
peclaration");. Amendment to Declaration of Condominiumañd
By-Laws made by I
HLT .NY'HiltonLLC dated August .4, 2014 and 'recorded October p. 2
t4 la the City
Register's .Office as CRFN
20140033090 (together wkhtheCoailaminium and all
Declarauon, schedules andexhibits
annexed thereto,
the "Amended
collectively, Condomtelum Deds:*don")
'84LD.1• I
r
Costnact~3
Contract iÃf 84-$00%3 .Pipe t1
.Page 6 lQtes2956
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Rov.5I29h Doc;. tiI I
1otto42956220c;,
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i"
I
Unk HU3.Is described as follows:
Dedlaration, and is also designated and-descHIM
Unit HU3 is designated and described in the Amended Condonifnium . I';,
as Tax Lod304 in Block
1006 bf.Section 4 of the Borough of Manhattan on the Tax.Map of the Tax Map Unit of the
Cityof New Yog known
(formerly as the Real Property and on the floor
Assessrnen{Deparbnent) plans of the I.
October'
on October:14, 2003 and filed with the Real property Assessmcot
by Peter F. Farinella,:Architeet,
Property certliied
Department of the City of NewTork Platt Nun1ber 1337, and abio.filed in the
on October 27¿2003.as Qadontinhan
CityRegistws officeon. November 2003,as CRFN 2003000442513,as amended by floor plan
amendments
Arciritcct,' 3,
on August 14, 2014, and filed with the Tax Mapt Unit of the City of New York
certified by Peter Farlncita..Architect,
City'
. on September 22, 2014,.as·Condoinihium on October 6,
in the City Register's Office
1337A, and alapfded
Plao No.
the "Irloor
2014, as CRFN 20 14000330111 (collectively, Plans")
Together with an appurtenant undivided
1.7341%;Conunon Interest percentage,
The Land is more particularly
described astollows: .
piece: or parcel of County of New
All.that piece
certain plot land, situate, lying and being in the Borough of Manhatian,
York, City and State of New Yodc, bounded and.describedas follows:
S3d Street with the
BEGINNINO at the corner formed by the intersection of the northerly side otWest westerly side of
Ansericas," Li .
Avenue ofthe
Americas;
r
RUNNING THENCE along the said wesledy side of Avenue of-the Americas, 200 feet 10 Inches.to its.
northerly
withthe $4*
side of West:54a
souhly Street;
THENC(westerly 0
along.said southerly.side of West 54th Street
cet
THF51CE southerly paniUel with the imid westerlyrside of Avenue of the Americas, 100 feet 5 Inches to the.center line
of theblook;
THENCE westerly along the center lino of the block, 12 feet 6 inches
THENCE with
southerly.parallel Avenue of
the said westerly side of the Arnerices, 100 feet.5 inches .to the said.
West53'd Strcot;...
northerly side of West
THENCE' 53d
THENG Streck 462 feet 6 inches tothe earner aforesaid at.the
easterly itiong.the said northerly side of the West
ofBEGINNING..
point.or place
I.
3
.'I
iI
g4 5gegg3
0 04i500043
Contract g Page 2 Rev.SOD/to 31)
ttsv. 3/29/16'(onot293S.DCiC
'(Onnt293S.DOC;
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FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No:
COUNTY OF NEW YORK
HILTON RESORTS CORPORATION,
Plaintiff,
-against-
GIOVANNI FRABASILE and HELEN PASEK,
Defendants.
NOTICE OF PENDENCY
CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP
ATTORNEYS AT LAW
Attorneys for Plaintiff
HILTON RESORTS CORPORATION
341 Conklin Street, 2nd Floor
Farmingdale, New York 11735
Telephone (516) 586-8513
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney dmitted to practice n the courtsof New York
State, certifies
that, upon information and beliefary rea o able inqu fihe ntention contained inthe
annexed document are not frivolous.
Dated: April 30, 2018 Signature /
Print Signer's nam : A T KAdR, ESQ.
Service of a copy ofthe within is herebyadmitted
Dated:
Attorneys for:
Please Take Notice
thatthe within isa (certified)truecopy ofa
Notice of entered inthe officeof the clerkof thewithin named Court on 2018.
Entry
that an Order of which the withinisa true copy willbe presented for settlement to the
D
Notice Hon. One the Judges the withinnamed
of of of Court,
Settlement at
On 2018,at am,
Dated:
,'
',Firm/? 2'?'0'0ss! '0 I 827'(i 8 L~ )i
x
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Preview
FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------X HILTON RESORTS CORPORATION, Index No.: Plaintiff, Notice of Pendency -against- of Action GIOVANNI FRABASILE and HELEN PASEK, Defendants. X ----------------------------------------------------------------X NOTICE IS HEREBY GIVEN, that an action has been commenced and is pending in this Court upon a complaint of the above named plaintiff against the above named defendant for the foreclosure of a mortgage bearing date of March 26, 2016, executed by Defendants to Plaintiff to secure the sum of $31,920.00 and recorded on March 14, 2017, in the Office of the City Register of New York County, City Register File Number 2017000100020. AND NOTICE IS FURTHER GIVEN, that the fractional interest in the mortgaged premises affected by said foreclosure action, was, at the time of commencement of said action, and at the time of the filing of this notice situated in New York County, a fractional interest of 0.027198% in the premises at Block 1006, Tax Lot 1304 on the land and tax map of the County of New York in the State of New York, and A" is described in said mortgage as follows: See "Exhibit Legal Description annexed hereto and made a part hereof. Said premises being known as and by Block 1006, Tax Lot 1304 and street number 1335 Avenue of the Americas, New York, New York. ,' Firm/727/00581/01i127308.DOCX', 1 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 The Clerk of the County of New York is directed to index this notice to the names of the following Defendant(s): GIOVANNI FRABASILE and HELEN PASEK, and as against a fractional interest of 0.027198% in the premises situated at Block 1006, Tax Lot 1304 on the land and tax map of the County of New York. Dated: Farmingdale, New York April 30, 2018 CRUSER, MITCII LL, NOVITZ SANCHKX;C. SANCHEZrG ON & ZIME ,1LPLP By: g l Harp et a r, Es . Attorneys for Plaintiff Hilton Resorts Corporation 341 Conklin Street, 2nd Floor Farmingdale, NY 11735 516.586.8513 ' 1i0 l 82730S.I:6:<. ,I'irm/727l00s8 2 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 3 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 EXHIBIT "A" LEGAL .LEGAL DESCRIPTION FLOATING.UNIT/FLOATiNGTIME1.ISE K1GHTS A Vacation Qwnership Interest:consisting ofao.undMded fee simply tenant in common imerest in perpetuity below in and-to Phase'I os in thc fraction scRorth 'project and the Cònünon Apeas tficicto, and In the Common Elements appurtenant .theretolinthe Céndominium Declaration, aidefmed below, said interest beingh a Wgle4hmily dwellingand subject to, (I) .the CondomhtIum Declaredon and (if) the Declaradon of Covenants, Conditions and Restrictions dated September23 Nev/' 2015 and recorded.in the Office of the City Register, City of New York, Ne#York Coumy, NewYork ott October 29, 20Ï$ as CRFN 2015000387244, and all.exhibits attached therete as amendedfrom time to time {the "Thneshare The Condominiualppeclaratice Declaration"), and the TimeshareDeclaration, as each as'thc."Declarations;" ' be further amended from time to time,.are hereinafter collectively referred to as the."Declaratfois;" the."Declarations; Together with the following: (a) lice righttoteserve aTisfie Period, as defined in (.hoTimeshare Declaration, and to use and occupyA Suite,of the Suite Configuradón set fortli below, on a floating use basis as set.forth below, in accordance with, .and arwf and subject to the Declarations, the' aa amended,4getherwiththe right lit common with all Owners.to ese and crfjby the .cqjoy ergot Commoti Areas and Common :Elementsduring: the Home Week reserved to trach aforesaid yacation I Ownership Interest as are andynay be set forth in the TimeshareDoolecaùon; Vai;mion Ownership Interest: f. UndMded faterest jn Phase1.of the.Pmject: . . 00271980765638990 4 ' UndividedInterest in 234P1of . the Cominon Elements . . . 0.0271980765638990'99 'Yj . Sulfe Con5garatiost: . STUDIO PREMIBR .. season; ego Recurrir Use night: YIIAR . . .4406- ¹406. 4406 internal;1nterval CoatmiNumb.cr: 4 and (b) Menâershipin the..Hilton Grand Vacations Club. The Condominiurn Amended' Unitand. appurtenant undivided Common Interest (ss-pu.dh term is. defined in the Ameaded defined Condominiumbeolaration, below)definedanddescribed below,:known as Unit HU3¿ which Chwhinium Unit is part orthc; condotninium-projectKrerwn as The Nnicondominium (the "Cendominium")cognprisedof the land described below (the "Land") located thereon (the "Buliding"), .and thc.buihiing knéwn?as beirig coinmonly 1335' 'Asw" 1331Avence of New Yorti(said the Americas, Neiv York, and Land, coDectively Buildliig he kPropett9 hicit under' Condomitilum was established .by thatcertain made Declaration by Hilton- .88tonHotch Corporationunderthe Netv' -Coodominium condominhun Act of the State of New Yórk (Arele 9-B-ofthe of the;State of New Yorkk Real Progietty Iaw dated Fdirùary1, 2002, executed July 23, 2003, and recorded November:3, 2003 in the)Officcofthb of. r3' RegistereftheCity .New York,County -of NewYork(the"City,Itegister's as .CRFN Office") (thc (the Condominista CRIIht 20030004425 12, .(the as amended by that ccitain.First peclaration");. Amendment to Declaration of Condominiumañd By-Laws made by I HLT .NY'HiltonLLC dated August .4, 2014 and 'recorded October p. 2 t4 la the City Register's .Office as CRFN 20140033090 (together wkhtheCoailaminium and all Declarauon, schedules andexhibits annexed thereto, the "Amended collectively, Condomtelum Deds:*don") '84LD.1• I r Costnact~3 Contract iÃf 84-$00%3 .Pipe t1 .Page 6 lQtes2956 5/29/t6 Rov. Rov.5I29h Doc;. tiI I 1otto42956220c;, I 4 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 i" I Unk HU3.Is described as follows: Dedlaration, and is also designated and-descHIM Unit HU3 is designated and described in the Amended Condonifnium . I';, as Tax Lod304 in Block 1006 bf.Section 4 of the Borough of Manhattan on the Tax.Map of the Tax Map Unit of the Cityof New Yog known (formerly as the Real Property and on the floor Assessrnen{Deparbnent) plans of the I. October' on October:14, 2003 and filed with the Real property Assessmcot by Peter F. Farinella,:Architeet, Property certliied Department of the City of NewTork Platt Nun1ber 1337, and abio.filed in the on October 27¿2003.as Qadontinhan CityRegistws officeon. November 2003,as CRFN 2003000442513,as amended by floor plan amendments Arciritcct,' 3, on August 14, 2014, and filed with the Tax Mapt Unit of the City of New York certified by Peter Farlncita..Architect, City' . on September 22, 2014,.as·Condoinihium on October 6, in the City Register's Office 1337A, and alapfded Plao No. the "Irloor 2014, as CRFN 20 14000330111 (collectively, Plans") Together with an appurtenant undivided 1.7341%;Conunon Interest percentage, The Land is more particularly described astollows: . piece: or parcel of County of New All.that piece certain plot land, situate, lying and being in the Borough of Manhatian, York, City and State of New Yodc, bounded and.describedas follows: S3d Street with the BEGINNINO at the corner formed by the intersection of the northerly side otWest westerly side of Ansericas," Li . Avenue ofthe Americas; r RUNNING THENCE along the said wesledy side of Avenue of-the Americas, 200 feet 10 Inches.to its. northerly withthe $4* side of West:54a souhly Street; THENC(westerly 0 along.said southerly.side of West 54th Street cet THF51CE southerly paniUel with the imid westerlyrside of Avenue of the Americas, 100 feet 5 Inches to the.center line of theblook; THENCE westerly along the center lino of the block, 12 feet 6 inches THENCE with southerly.parallel Avenue of the said westerly side of the Arnerices, 100 feet.5 inches .to the said. West53'd Strcot;... northerly side of West THENCE' 53d THENG Streck 462 feet 6 inches tothe earner aforesaid at.the easterly itiong.the said northerly side of the West ofBEGINNING.. point.or place I. 3 .'I iI g4 5gegg3 0 04i500043 Contract g Page 2 Rev.SOD/to 31) ttsv. 3/29/16'(onot293S.DCiC '(Onnt293S.DOC; 5 of 6 FILED: NEW YORK COUNTY CLERK 05/11/2018 01:07 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/11/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No: COUNTY OF NEW YORK HILTON RESORTS CORPORATION, Plaintiff, -against- GIOVANNI FRABASILE and HELEN PASEK, Defendants. NOTICE OF PENDENCY CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP ATTORNEYS AT LAW Attorneys for Plaintiff HILTON RESORTS CORPORATION 341 Conklin Street, 2nd Floor Farmingdale, New York 11735 Telephone (516) 586-8513 Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney dmitted to practice n the courtsof New York State, certifies that, upon information and beliefary rea o able inqu fihe ntention contained inthe annexed document are not frivolous. Dated: April 30, 2018 Signature / Print Signer's nam : A T KAdR, ESQ. Service of a copy ofthe within is herebyadmitted Dated: Attorneys for: Please Take Notice thatthe within isa (certified)truecopy ofa Notice of entered inthe officeof the clerkof thewithin named Court on 2018. Entry that an Order of which the withinisa true copy willbe presented for settlement to the D Notice Hon. One the Judges the withinnamed of of of Court, Settlement at On 2018,at am, Dated: ,' ',Firm/? 2'?'0'0ss! '0 I 827'(i 8 L~ )i x 6 of 6