Preview
FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
..._________________-__-----..--__________
__________-----____________.._x
CARL LUCAS, ESQ., Index No.:
Plaintiff,
-VS- COMPLAINT
162 W 121 LLC and TEDDY R. SMITH,
Defendants.
______-..______________________ _-------
___-......------____------_______..x
COMPLAINT IN INTERPLEADER
Plaintiff, Carl Lucas, Esq., Pro Se, for his Complaint in Interpleader, alleges the
following:
PARTIES
1. Carl Lucas, is an attorney at law admitted to practice in the courts of this state.
2. Upon information and belief, defendant 162 W 121 LLC is authorized to do business
in the State of New York.
3. Teddy R. Smith, defendant, is an adult citizen of New York and a resident of New
York County.
JURISDICTION AND VENUE
4. This court has jurisdiction under CPLR 1006 in that Carl Lucas, Esq. is a neutral
stakeholder to the funds at issue herein and there are multiple claims to those funds.
5. Venue is proper in this Court pursuant to CPLR 503(a) because itis brought in the
county in which at least one of the parties reside. Additionally, the defendants contractually
agreed that the plaintiff could deposit the subject funds with the Clerk of the Court for New York
County. Lastly, the subject real property is located in New York County.
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CAUSE OF ACTION IN INTERPLEADER
6. Upon information and belief, on December 21, 2021, defendant Teddy R. Smith
(''Smith") agreed by written contract to sell his home located at 162 W. 121st St, New York,
New York, to defendant 162 W 121 LLC, and the later agreed to purchase same.
7. As per the terms of the Contract of Sale, defendant 162 W 121 LLC, paid the sum
of Sixty-Five Thousand ($65,000.00) Dollars as a contract deposit, and same was delivered by
check to plaintiff, as attorney for Smith, to hold in escrow. Attached as Exhibit A is a copy of the
redacted Contract of Sale.
8. Plaintiff, as the attorney for Smith, deposited the said $65,000. in his attorney escrow
account and is stillholding same.
9. Defendant 162 W 121 LLC, through its counsel, Michael J. Shampan, Esq. served
plaintiff with several Time Is Of The Essence letters ("TOEs"), setting a firm closing date and
time, the lastof which was dated October 4, 2022, fixing the closing to take place on December
23, 2022, at 11:00a.m. in plaintiff's office.
10. Plaintiff delivered said TOEs to Smith.
11. Defendant Smith informed your plaintiff on numerous occasions that he
was unwilling and unable to close based on the terms of the Contract of Sale.
12. On or about December 21, 2022, Smith reiterated that he was unwilling and unable to
close based on the terms of the Contract of Sale.
13. Between December 21st and 22nd, 2022, plaintiff informed Mr. Shampan, counsel
for defendant 162 W 121 LLC, that Smith was not going to close on December 23, 2022.
14. As a stakeholder relative to the contract deposit, plaintiff may be exposed to multiple
liability as the result of adverse claims by the defendants.
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15. Plaintiff suspects that defendant 162 W 121 LLC will move for specific
performance of the contract against Teddy R. Smith and will claim the plaintiff should pay the
contract deposit to Smith, ifthey are successful.
16. Conversely, plaintiff suspects that Smith will claim that your plaintiff should return
the contract deposit to defendant 162 W 121 LLC, since he has asserted that he isunwilling and
unable to sell his house based on the terms of the contract.
17. Under the circumstances, plaintiff cannot determine factually or legally who is
entitled to the contract deposit. By reason of the potential claims of the defendants, plaintiff may
be exposed to multiple liability.
18. Plaintiff is ready, willing and able to pay the contract deposit in accordance with New
York law and to whomever this Court shall designate, but that determination may take time.
19. The Contract of Sale, Paragraph 6, Down Payment In Escrow, provides in pertinent
part:
However, Escrowee shall have the right at any time to deposit the Down Payment and
interest thereon with the Clerk of a Court in the county in which the premises are
located and shall give notice of such deposit to Seller and Purchaser.
20. The parties also acknowledge in paragraph 6(b) of the Contract that the Escrowee is
acting solely as a stakeholder at their request and for their convenience.
attomeys'
21. As a mere stakeholder, plaintiff has no interest, except to recover his fees
and costs for this action, in the contract deposit and respectfully requests that this Court
determine to whom said funds should be paid.
22. In the meantime, and pursuant to the terms of the Contract of Sale, plaintiff
respectfully requests an order directing him to deposit said contract deposit with this Court: and
discharging plaintiff from any liability to the defendants regarding the contract deposit.
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23. Plaintiff has not brought this Complaint in Interpleader at the request of any of the
defendants. There is no fraud or collusion between plaintiff and any of the defendants. Plaintiff
brings this Complaint in Interpleader of his own free will and to avoid being vexed and harassed
by conflicting and multiple claims.
WHEREFORE, Plaintiff, Carl Lucas, Esq. prays that the Court enter judgment:
(a) requiring the defendants to litigate their claims between themselves for the
contract deposit;
(b) permanently enjoining the defendants from instituting or prosecuting any
proceeding in any state or United States court affecting the contract deposit;
(c) requiring that the defendants settle and adjust between themselves, or upon their
failure to do so, this Court settle and adjust the claims and determine to whom the
contract deposit should be paid;
(d) permitting Carl Lucas, Esq. to deposit the contract deposit into the Court;
(e) discharging Carl Lucas, Esq. from any and all further liabilityto defendants
relating in any way to the contract deposit upon payment of the contract deposit
into the Court;
(f) dismissing Carl Lucas, Esq. from this action, with prejudice;
attorneys'
(g) awarding Carl Lucas, Esq. his fees and cost in their entirety; and
(h) awarding Carl Lucas, Esq. any other and further relief that this Court deems just
proper.
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Dated: January / 7,2023
Respect y submitted,
CARL LUCAS, ESQ. (Pro Se)
- 8th
30 Wall Street FlOOr
New York, New York 10005
T: (212)859-3468
F: (908)874-8549
esqcarl@gmail.com
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Preview
FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ..._________________-__-----..--__________ __________-----____________.._x CARL LUCAS, ESQ., Index No.: Plaintiff, -VS- COMPLAINT 162 W 121 LLC and TEDDY R. SMITH, Defendants. ______-..______________________ _------- ___-......------____------_______..x COMPLAINT IN INTERPLEADER Plaintiff, Carl Lucas, Esq., Pro Se, for his Complaint in Interpleader, alleges the following: PARTIES 1. Carl Lucas, is an attorney at law admitted to practice in the courts of this state. 2. Upon information and belief, defendant 162 W 121 LLC is authorized to do business in the State of New York. 3. Teddy R. Smith, defendant, is an adult citizen of New York and a resident of New York County. JURISDICTION AND VENUE 4. This court has jurisdiction under CPLR 1006 in that Carl Lucas, Esq. is a neutral stakeholder to the funds at issue herein and there are multiple claims to those funds. 5. Venue is proper in this Court pursuant to CPLR 503(a) because itis brought in the county in which at least one of the parties reside. Additionally, the defendants contractually agreed that the plaintiff could deposit the subject funds with the Clerk of the Court for New York County. Lastly, the subject real property is located in New York County. 1 of 5 FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 CAUSE OF ACTION IN INTERPLEADER 6. Upon information and belief, on December 21, 2021, defendant Teddy R. Smith (''Smith") agreed by written contract to sell his home located at 162 W. 121st St, New York, New York, to defendant 162 W 121 LLC, and the later agreed to purchase same. 7. As per the terms of the Contract of Sale, defendant 162 W 121 LLC, paid the sum of Sixty-Five Thousand ($65,000.00) Dollars as a contract deposit, and same was delivered by check to plaintiff, as attorney for Smith, to hold in escrow. Attached as Exhibit A is a copy of the redacted Contract of Sale. 8. Plaintiff, as the attorney for Smith, deposited the said $65,000. in his attorney escrow account and is stillholding same. 9. Defendant 162 W 121 LLC, through its counsel, Michael J. Shampan, Esq. served plaintiff with several Time Is Of The Essence letters ("TOEs"), setting a firm closing date and time, the lastof which was dated October 4, 2022, fixing the closing to take place on December 23, 2022, at 11:00a.m. in plaintiff's office. 10. Plaintiff delivered said TOEs to Smith. 11. Defendant Smith informed your plaintiff on numerous occasions that he was unwilling and unable to close based on the terms of the Contract of Sale. 12. On or about December 21, 2022, Smith reiterated that he was unwilling and unable to close based on the terms of the Contract of Sale. 13. Between December 21st and 22nd, 2022, plaintiff informed Mr. Shampan, counsel for defendant 162 W 121 LLC, that Smith was not going to close on December 23, 2022. 14. As a stakeholder relative to the contract deposit, plaintiff may be exposed to multiple liability as the result of adverse claims by the defendants. 2 of 5 FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 15. Plaintiff suspects that defendant 162 W 121 LLC will move for specific performance of the contract against Teddy R. Smith and will claim the plaintiff should pay the contract deposit to Smith, ifthey are successful. 16. Conversely, plaintiff suspects that Smith will claim that your plaintiff should return the contract deposit to defendant 162 W 121 LLC, since he has asserted that he isunwilling and unable to sell his house based on the terms of the contract. 17. Under the circumstances, plaintiff cannot determine factually or legally who is entitled to the contract deposit. By reason of the potential claims of the defendants, plaintiff may be exposed to multiple liability. 18. Plaintiff is ready, willing and able to pay the contract deposit in accordance with New York law and to whomever this Court shall designate, but that determination may take time. 19. The Contract of Sale, Paragraph 6, Down Payment In Escrow, provides in pertinent part: However, Escrowee shall have the right at any time to deposit the Down Payment and interest thereon with the Clerk of a Court in the county in which the premises are located and shall give notice of such deposit to Seller and Purchaser. 20. The parties also acknowledge in paragraph 6(b) of the Contract that the Escrowee is acting solely as a stakeholder at their request and for their convenience. attomeys' 21. As a mere stakeholder, plaintiff has no interest, except to recover his fees and costs for this action, in the contract deposit and respectfully requests that this Court determine to whom said funds should be paid. 22. In the meantime, and pursuant to the terms of the Contract of Sale, plaintiff respectfully requests an order directing him to deposit said contract deposit with this Court: and discharging plaintiff from any liability to the defendants regarding the contract deposit. 3 of 5 FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 23. Plaintiff has not brought this Complaint in Interpleader at the request of any of the defendants. There is no fraud or collusion between plaintiff and any of the defendants. Plaintiff brings this Complaint in Interpleader of his own free will and to avoid being vexed and harassed by conflicting and multiple claims. WHEREFORE, Plaintiff, Carl Lucas, Esq. prays that the Court enter judgment: (a) requiring the defendants to litigate their claims between themselves for the contract deposit; (b) permanently enjoining the defendants from instituting or prosecuting any proceeding in any state or United States court affecting the contract deposit; (c) requiring that the defendants settle and adjust between themselves, or upon their failure to do so, this Court settle and adjust the claims and determine to whom the contract deposit should be paid; (d) permitting Carl Lucas, Esq. to deposit the contract deposit into the Court; (e) discharging Carl Lucas, Esq. from any and all further liabilityto defendants relating in any way to the contract deposit upon payment of the contract deposit into the Court; (f) dismissing Carl Lucas, Esq. from this action, with prejudice; attorneys' (g) awarding Carl Lucas, Esq. his fees and cost in their entirety; and (h) awarding Carl Lucas, Esq. any other and further relief that this Court deems just proper. 4 of 5 FILED: NEW YORK COUNTY CLERK 01/17/2023 01:58 PM INDEX NO. 150493/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 Dated: January / 7,2023 Respect y submitted, CARL LUCAS, ESQ. (Pro Se) - 8th 30 Wall Street FlOOr New York, New York 10005 T: (212)859-3468 F: (908)874-8549 esqcarl@gmail.com 5 of 5