Preview
FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/13/2022
EXHIBIT O
FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 65 RECEIVEDINDEXNYSCEF:
NO. 520498/2021
07/13/2022
|FILED: KINGS COUNTY CLERK 11/23/2021 04:01 PM|
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
____________________________________________Ç
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE
UNDER THE POOLING AND SERVICING AGREEMENT
RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-1
INDEX NO: 520498/2021
Plaintiff,
NOTICE OF APPEARANCE &
-against-
ANSWER
JAMES FREDERICK: NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD: NEW YORK CITY PARKING VIOLATIONS
BUREAU: NEW YORK CITY TRANSIT ADJUDICATION BUREAU.
#1" #2,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknow to plaintiff, the persons
or parties intended being the tenants, occupants, persons
or corporations, ifany, having or claiming an interest in or
lien upon the Subject Property described in the Complaint,
Defendant.
________________________________________________Ç
Defendant, James Frederick, hereby appears by his attorneys Angelyn Johnson &
Associates LLC and demands that allcorrespondence and pleadings be sent at: 26 Court
Street, Suite 2610, Brooklyn, NY 11242: 718-875-2145.
Defendant hereby answers the complaint as follows:
1. General denial.
2. Defendant admits the allegations stated in paragraphs: 2, 4 and 10.
3. Defendant denies the allegations stated in paragraphs: 8, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 21, 23 and 24.
4. Defendant lack sufficient knowledge to form a belief and therefore denies
allegations stated in paragraph: 1, 3, 5,6, 7, 9, 22 and 25.
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RECEIVED NO. 07/13/2022
520498/2021
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021
FIRST AFFIRMATIVE DEFENSE
5. Failure to state cause of action.
SECOND AFFIRMATIVE DEFENSE
6. Statute of limitations.
THIRD AFFIRMATIVE DEFENSE
7. Lack of personal jurisdiction - Plaintiff failed to serve the Defendant.
properly
Service was purportedly made upon a tenant who isnot an agent of Defendant
to accept service of process.
8. Defendant did not receive any mailings since the purported affidavits of mailings
have the incorrect zip code.
9. Complaint must be dismissed.
FOURTH AFFIRMATIVE DEFENSE
10. Plaintifffailed to serve a notice of default setting forth what ispurportedly due.
FIFTH AFFIRMATIVE DEFENSE
11. Plaintiffis not the holder of the original note purportedly executed by Defendant
and therefore lacks standing.
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FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF
|FILED: DOC. NO.
KINGS65 COUNTY CLERK 11/23/2021 04:01 RECEIVEDINDEXNYSCEF:
NO. 520498/2021
07/13/2022
PM)
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021
SIXTH AFFIRMATIVE DEFENSE
12. Plaintiff failed to serve the required 90-day notice prior to the commencement of
this action as required by RPAPL Section 1304 and this action isnot maintainable.
WHEREFORE, the complaint must be dismissed, along with such other and further
relief as the Court deems just and proper.
Dated: November 22, 2021
ANGELYN . OH SON, ESQ.
Attorney for Defendont James Frederick
26 Court Street, Ste. 2610
Brooklyn, New York 11242
(718) 875-2145
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FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEFFILED:
DOC. NO. KINGS
65 COUNTY CLERK 11/23 /2021 04 : 01 PM) RECEIVEDNO.NYSCEF:
INDEX 520498/2021
07/13/2022
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021
VERIFICATION
James Frederick, affirms the foregoing statements are true, under the
penalties of perjury.
I,the undersigned, being duly swom, depose and say: Iam the
Respondent in the action; I have read the foregoing Answer and know the
contents thereof; the same istrue to own
my knowledge, except as to the
matters therein stated to be alleged on information and belief, and as to those
matters, I believe itto be true.
James Frederick
Swom to before me this
2-
day of November, 2021
Notary
KEINDA SYLVAIN
Notary Public,
State of New
No. York
018YG299612
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FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 65 RECEIVEDINDEXNYSCEF:
NO. 520498/2021
07/13/2022
[FILED: KINGS COUNTY CLERK 11/23/2021 04: 01 PM
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021
ANGELYN JOHNSON & ASSOCIATES
SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS INDEX NO.: 520498/2021
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-
THROUGH CERTlFICATES, SERIES 2006-1
Plaintiff,
-against-
JAMES FREDERICK: NEW YORK CITY ENVIRONMENTAL CONTROL BOARD: NEW YORK CITY
PARKING VlOLATIONS BUREAU; NEW YORK CITY TRANSIT ADJUDICATION BUREAU,
#1" #2,"
"JOHN DOE through "JOHN DOE the last twelve names being fictitious and
unknow to plaintiff, the persons or parties intended being the tenants, occupants,
persons or corporations, ifany, having or claiming an interest in or lien upon the Subject
Property described in the Complaint,
Defendant.
NOTICE OF APPEARANCE & ANSWER
ANGELYN JOHNSON & ASSOCIATES
Attomey(s) for Defendant James Frederick
Office Address & Tel.No.:
26 Court Street,Suite 2610
Brooklyn, New York 11242
(718) 875-2145 (Office)
(516)395-6902 (Cell)
ajohnson@adj-law.com
ADMISSION OF SERVICE CERTIFICATION PURSUANT
The undersigned acknowledges to Rule 130-1, 1-a
receipt of a copy of the within
On
at am/pm
Attomey (s)for Angelyn Johnson Associates LLC
By: By: Angelyn D. Johnson, Esq.
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Preview
FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 07/13/2022 EXHIBIT O FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 65 RECEIVEDINDEXNYSCEF: NO. 520498/2021 07/13/2022 |FILED: KINGS COUNTY CLERK 11/23/2021 04:01 PM| NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ____________________________________________Ç DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-1 INDEX NO: 520498/2021 Plaintiff, NOTICE OF APPEARANCE & -against- ANSWER JAMES FREDERICK: NEW YORK CITY ENVIRONMENTAL CONTROL BOARD: NEW YORK CITY PARKING VIOLATIONS BUREAU: NEW YORK CITY TRANSIT ADJUDICATION BUREAU. #1" #2," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknow to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendant. ________________________________________________Ç Defendant, James Frederick, hereby appears by his attorneys Angelyn Johnson & Associates LLC and demands that allcorrespondence and pleadings be sent at: 26 Court Street, Suite 2610, Brooklyn, NY 11242: 718-875-2145. Defendant hereby answers the complaint as follows: 1. General denial. 2. Defendant admits the allegations stated in paragraphs: 2, 4 and 10. 3. Defendant denies the allegations stated in paragraphs: 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23 and 24. 4. Defendant lack sufficient knowledge to form a belief and therefore denies allegations stated in paragraph: 1, 3, 5,6, 7, 9, 22 and 25. 1 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF INDEX NYSCEF: FILED: DOC. NO. KINGS 65 COUNTY CLERK 11/23/2021 04:01 PM| RECEIVED NO. 07/13/2022 520498/2021 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021 FIRST AFFIRMATIVE DEFENSE 5. Failure to state cause of action. SECOND AFFIRMATIVE DEFENSE 6. Statute of limitations. THIRD AFFIRMATIVE DEFENSE 7. Lack of personal jurisdiction - Plaintiff failed to serve the Defendant. properly Service was purportedly made upon a tenant who isnot an agent of Defendant to accept service of process. 8. Defendant did not receive any mailings since the purported affidavits of mailings have the incorrect zip code. 9. Complaint must be dismissed. FOURTH AFFIRMATIVE DEFENSE 10. Plaintifffailed to serve a notice of default setting forth what ispurportedly due. FIFTH AFFIRMATIVE DEFENSE 11. Plaintiffis not the holder of the original note purportedly executed by Defendant and therefore lacks standing. 2 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF |FILED: DOC. NO. KINGS65 COUNTY CLERK 11/23/2021 04:01 RECEIVEDINDEXNYSCEF: NO. 520498/2021 07/13/2022 PM) NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021 SIXTH AFFIRMATIVE DEFENSE 12. Plaintiff failed to serve the required 90-day notice prior to the commencement of this action as required by RPAPL Section 1304 and this action isnot maintainable. WHEREFORE, the complaint must be dismissed, along with such other and further relief as the Court deems just and proper. Dated: November 22, 2021 ANGELYN . OH SON, ESQ. Attorney for Defendont James Frederick 26 Court Street, Ste. 2610 Brooklyn, New York 11242 (718) 875-2145 3 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEFFILED: DOC. NO. KINGS 65 COUNTY CLERK 11/23 /2021 04 : 01 PM) RECEIVEDNO.NYSCEF: INDEX 520498/2021 07/13/2022 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021 VERIFICATION James Frederick, affirms the foregoing statements are true, under the penalties of perjury. I,the undersigned, being duly swom, depose and say: Iam the Respondent in the action; I have read the foregoing Answer and know the contents thereof; the same istrue to own my knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, I believe itto be true. James Frederick Swom to before me this 2- day of November, 2021 Notary KEINDA SYLVAIN Notary Public, State of New No. York 018YG299612 4 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 65 RECEIVEDINDEXNYSCEF: NO. 520498/2021 07/13/2022 [FILED: KINGS COUNTY CLERK 11/23/2021 04: 01 PM NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/23/2021 ANGELYN JOHNSON & ASSOCIATES SUPREME COURT OF THE CITY OF NEW YORK COUNTY OF KINGS INDEX NO.: 520498/2021 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP., MORTGAGE PASS- THROUGH CERTlFICATES, SERIES 2006-1 Plaintiff, -against- JAMES FREDERICK: NEW YORK CITY ENVIRONMENTAL CONTROL BOARD: NEW YORK CITY PARKING VlOLATIONS BUREAU; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, #1" #2," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknow to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the Subject Property described in the Complaint, Defendant. NOTICE OF APPEARANCE & ANSWER ANGELYN JOHNSON & ASSOCIATES Attomey(s) for Defendant James Frederick Office Address & Tel.No.: 26 Court Street,Suite 2610 Brooklyn, New York 11242 (718) 875-2145 (Office) (516)395-6902 (Cell) ajohnson@adj-law.com ADMISSION OF SERVICE CERTIFICATION PURSUANT The undersigned acknowledges to Rule 130-1, 1-a receipt of a copy of the within On at am/pm Attomey (s)for Angelyn Johnson Associates LLC By: By: Angelyn D. Johnson, Esq. 5 of 5