Preview
FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
FAIRBRIDGE REAL ESTATE INVESTMENT TRUST,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
TRUST LLC
Plaintiff,
NOTICE OF MOTION
v. Index No.: EF2022-477
LITTLE FALLS GARDEN APARTMENTS LLC,
ROBINHOOD PROPERTIES L.L.C., BROOKVIEW
TOWN HOUSE LLC A/K/A BROOKVIEW TOWN
HOUSES LLC, COR HOLDINGS LLC, DAVID RAVEN,
CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE,
GEORGE LUMBER & BUILDING MATERIAL INC.,
KEYBANK AS SUCCESSOR BY MERGER TO FIRST
NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN
DOE CORPORATION NOS. 1-100 AND JOHN DOE
COMPANY NOS. 1-100,
Defendants.
MOTION BY: Peter Sciocchetti
Court-Appointed Receiver
NATURE AND OBJECT Receiver's Motion to Employ Legal Counsel pursuant to
OF MOTION: CPLR § 6401 (b)
RETURN DATE: February 17, 2023 or any other date designated by the Court,
by paper submission only. Please take notice that, pursuant
to CPLR 2214 (b), answering affidavits, if any shall be
served at least two (2) days before the return date.
SUPPORTING PAPERS: Affidavit of Peter Sciocchetti with Exhibit.
Dated: February 1, 2023
PETER SCIOCCHETTI, RECEIVER
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
FAIRBRIDGE REAL ESTATE INVESTMENT TRUST,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
TRUST LLC,
Plaintiff,
AFFID AVIT IN SUPPORT OF
MOTION TO EMPLOY
COUNSEL TO RECEIVER
v. Index No.: EF2022,477
LITTLE FALLS GARDEN APARTMENTS LLC,
ROBINHOOD PROPERTIES L.L.C, BROOKVIEW
TOWN HOUSE LLC A/K/A BROOKVIEW TOWN
HOUSES LLC, COR HOLDINOS LLC, DAVID RAVEN,
CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE,
GEORGE LUMBER & BUILDING MATERIAL INC.,
KEYBANK AS SUCCESSOR BY MERGER TO FIRST
NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN
DOE CORPORATION NOS. 1-100 AND JOHN DOE
COMPANY NOS. 1-100,
Defendants.
STATE OF NEW YORK )
) ss:
COUNTY OF ALBANY )
PETER sworn, deposes and says;
SCIOCCHETTI, being duly
ourt-Appointed Receiver. As such, I am fully familiar with the
1. I am the
facts and circumstances of this case.
affidavit in support of my motion to employ counsel to assist
2. I submit this
as Receiver, pursuant to CPLR § 6401 (b).
with my duties
action was commenced on or about September 13, 2022, by the filing
3. This
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
of a Summons and Verified Complaint in the Supreme Court of t1 e State of New York,
County of Montgomery and the of a Notice of Pendency
filing in Herkimer Clerk's
County
Office, Washington County Clerk's Office. In the Amended Order Appointing Receiver,
dated January 17, 2023, I was appointed for the
Receiver, Plaintiff's benefit, of all rents,
income, issues, charges, subsidies and profits now due or to become due and payable
during the pendency pf this action.
4. As receiver, my duties include, inter alia, rent from tenants that is
collecting
due and unpaid may thereafter become due.
5. In order to assist me in these efforts, I would like to appoint and retain legal
counsel to provide legal advice, counsel, and assistance in this matter. There are several
reasons for this request. First, this case is significantly complex and labor and time
intensive as it involves the collection of rent from eighty-six (86) apartment units in
multiple counties. Second, I am not an attorney. As such, I would require legal advice and
counsel to resolve potential landlord-tenant matters, leasing issues, remam in compliance
and enforce compliance with the Court Order in the event of a lack of cooperation,
commencing summary proceedings for the removal of any tenant(s), ensuring compliance
with relevant applicable laws, and assistmg me in filings related.to HUD.
6. I would like to employ Kimberly Van Wormer. She has indicated that she
has familiarity with the present case, has receivership training, forecloûures, has experience
with legal research and evictions. She is also understanding that payment is contingent on
rent collection. In consideration of her representing me, as set forth in the letter of
engagément, see Exhibit A, her services will be billed at the hourly rate of $250 and
contingent upon rent collection.
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FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
the
Roogivèrfespectfully tequests that this Court eMer into the
stMS d prop ed order as
followsageÆodzing the Recejve toieta a
Nmberly Van
Womate,as legal counsel for
the,Receiver, and for sucfrother and furth97.eellet as the
Cowt deerns just and pope
PEM$C T CEIVSR
Sw
40, before me, this
day 2023
IslMBERLY A VANWORMER
NOTARY PUBUC-STATE dF NEW YORK
No.02VA6417186
QuotifiedinMontgomery County
ubBe
MyCommissionExpires05-10-2025
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
EXHiBIT A
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
ATTORNEY Kf LAW
January 30, 2023
Dear Peter Scioechetti:
I am this letter to confirm that I am interested
wi·iting in assisting you as Counsel to
Receiver in the matter of Fairfield v. Little Falls Garden Apartments, LLC. The purpose of this
letter is to confirm the scope of the work and the fee arrangements.
Nature and Scope of Work
It is my that the scope of the legal work
understanding would entail the following:
legal advice and counsel to resolve potential landlord-tenant issues
matters, pertaining to
leases, assistance to remain in legal compliance with the Court Order and applicable laws,
commencifig eviction proceedings for the removal of any assistance in HUD
tenants, filings,
and any other related legal advice and legal proceedings.
Attorney'r Fees and Costs
The fees for legal services would be at the rate of $250 an hour, $1D0 an hour for any
travel time, reimbursement for relevant expenses incurred such as filing fees and postage.
Invoices of 6 minutes equals .1 of an hour. I multiply time spent by the hourly rate to
calculate the fee. There is a minimum charge of .1 for each service rendered if that service takes
6 minutes or less. I would invoice periodically (bi monthly) beginning after rent collection has
begun.
Attorney's Fees and Costs Contingent on Rent Collection
It is my understanding that the ability to pay attomey's fees is contingent on the
Receiver collecting rent money. If for example, no rent money is ever collected by the Receiver,
there would be no attorney's fees owed. However, if rent is collected at any point, attorney's
fees wáuld be owed on the date that the Court ordered the appointment of counsel
beginning
Retainer
Under the circumstances, none is required.
PHi 518.866.8668 P.O. Box 174, Amsterdam, New York 12010
kim@kimberlyvanwormeresq.com
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
ATTORNEY AT LAW
Termination
You may terminate me anytime upon written notice.
Thank you!
Since ly,
Kimberly Van Wormer, Esq.
518.866.8668 P.O. Box 174 Amsterdam, New Yõrk 12010
PH
kim@kimberlyvanwormeresq.com
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FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY0F MONTGOMERY
FAIRBRIDGE REAL ESTATE INVESTMENT TRUST,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
TRUST1LC,
Plaintiff,
ORDER
v. Index Noi EF2022 477
LITTLE FALLS GARDEN APARTMENTS LLC,
ROBINHOOD PROPERTIES L.L.C., BROOKVIEW
TOWN HOUSE LLC A/K/A BROOKVIEW TOWN
HOUSES LLC, COR HOLDINGS LLC, DAVID RAVEN,
CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE,
GEORGE LUMBER & BUILDING MATERIAL INC.,
KEYBANK AS SUCCESSOR BY MERGER TO FIRST
NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN
DOE CORPORATION NOS. 1-100 AND JOHN DOE
COMPANY NOS. 1-100,
Defendants.
This matter comes before the Court on Receiver's Motion to Employ Legal
Counsel filed on February _, 2023. Receiver, Peter Sciocchetti, requests that the Court
appoint Van Wormer, Esq. to serve as legal counsel for the Receiver in this case
Kimberly
at the rates set forth in the motion.
Upon review, the Court finds that the motion should be granted.
Accordingly, it is now
ORDERED that Receiver's Motion to Employ Legal Counsel is granted.
Van Wormer is appointed to serve as legal counset to the Receiver at the rate set
Kimberly
forth in the motion.
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FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023
Dated:
Honorable Felix Cätena
9 of 9
Preview
FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC F/K/A REALFI REAL ESTATE INVESTMENT TRUST LLC Plaintiff, NOTICE OF MOTION v. Index No.: EF2022-477 LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES L.L.C., BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC, COR HOLDINGS LLC, DAVID RAVEN, CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, GEORGE LUMBER & BUILDING MATERIAL INC., KEYBANK AS SUCCESSOR BY MERGER TO FIRST NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN DOE CORPORATION NOS. 1-100 AND JOHN DOE COMPANY NOS. 1-100, Defendants. MOTION BY: Peter Sciocchetti Court-Appointed Receiver NATURE AND OBJECT Receiver's Motion to Employ Legal Counsel pursuant to OF MOTION: CPLR § 6401 (b) RETURN DATE: February 17, 2023 or any other date designated by the Court, by paper submission only. Please take notice that, pursuant to CPLR 2214 (b), answering affidavits, if any shall be served at least two (2) days before the return date. SUPPORTING PAPERS: Affidavit of Peter Sciocchetti with Exhibit. Dated: February 1, 2023 PETER SCIOCCHETTI, RECEIVER 1 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC F/K/A REALFI REAL ESTATE INVESTMENT TRUST LLC, Plaintiff, AFFID AVIT IN SUPPORT OF MOTION TO EMPLOY COUNSEL TO RECEIVER v. Index No.: EF2022,477 LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES L.L.C, BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC, COR HOLDINOS LLC, DAVID RAVEN, CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, GEORGE LUMBER & BUILDING MATERIAL INC., KEYBANK AS SUCCESSOR BY MERGER TO FIRST NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN DOE CORPORATION NOS. 1-100 AND JOHN DOE COMPANY NOS. 1-100, Defendants. STATE OF NEW YORK ) ) ss: COUNTY OF ALBANY ) PETER sworn, deposes and says; SCIOCCHETTI, being duly ourt-Appointed Receiver. As such, I am fully familiar with the 1. I am the facts and circumstances of this case. affidavit in support of my motion to employ counsel to assist 2. I submit this as Receiver, pursuant to CPLR § 6401 (b). with my duties action was commenced on or about September 13, 2022, by the filing 3. This 2 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 of a Summons and Verified Complaint in the Supreme Court of t1 e State of New York, County of Montgomery and the of a Notice of Pendency filing in Herkimer Clerk's County Office, Washington County Clerk's Office. In the Amended Order Appointing Receiver, dated January 17, 2023, I was appointed for the Receiver, Plaintiff's benefit, of all rents, income, issues, charges, subsidies and profits now due or to become due and payable during the pendency pf this action. 4. As receiver, my duties include, inter alia, rent from tenants that is collecting due and unpaid may thereafter become due. 5. In order to assist me in these efforts, I would like to appoint and retain legal counsel to provide legal advice, counsel, and assistance in this matter. There are several reasons for this request. First, this case is significantly complex and labor and time intensive as it involves the collection of rent from eighty-six (86) apartment units in multiple counties. Second, I am not an attorney. As such, I would require legal advice and counsel to resolve potential landlord-tenant matters, leasing issues, remam in compliance and enforce compliance with the Court Order in the event of a lack of cooperation, commencing summary proceedings for the removal of any tenant(s), ensuring compliance with relevant applicable laws, and assistmg me in filings related.to HUD. 6. I would like to employ Kimberly Van Wormer. She has indicated that she has familiarity with the present case, has receivership training, forecloûures, has experience with legal research and evictions. She is also understanding that payment is contingent on rent collection. In consideration of her representing me, as set forth in the letter of engagément, see Exhibit A, her services will be billed at the hourly rate of $250 and contingent upon rent collection. 3 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 the Roogivèrfespectfully tequests that this Court eMer into the stMS d prop ed order as followsageÆodzing the Recejve toieta a Nmberly Van Womate,as legal counsel for the,Receiver, and for sucfrother and furth97.eellet as the Cowt deerns just and pope PEM$C T CEIVSR Sw 40, before me, this day 2023 IslMBERLY A VANWORMER NOTARY PUBUC-STATE dF NEW YORK No.02VA6417186 QuotifiedinMontgomery County ubBe MyCommissionExpires05-10-2025 4 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 EXHiBIT A 5 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 ATTORNEY Kf LAW January 30, 2023 Dear Peter Scioechetti: I am this letter to confirm that I am interested wi·iting in assisting you as Counsel to Receiver in the matter of Fairfield v. Little Falls Garden Apartments, LLC. The purpose of this letter is to confirm the scope of the work and the fee arrangements. Nature and Scope of Work It is my that the scope of the legal work understanding would entail the following: legal advice and counsel to resolve potential landlord-tenant issues matters, pertaining to leases, assistance to remain in legal compliance with the Court Order and applicable laws, commencifig eviction proceedings for the removal of any assistance in HUD tenants, filings, and any other related legal advice and legal proceedings. Attorney'r Fees and Costs The fees for legal services would be at the rate of $250 an hour, $1D0 an hour for any travel time, reimbursement for relevant expenses incurred such as filing fees and postage. Invoices of 6 minutes equals .1 of an hour. I multiply time spent by the hourly rate to calculate the fee. There is a minimum charge of .1 for each service rendered if that service takes 6 minutes or less. I would invoice periodically (bi monthly) beginning after rent collection has begun. Attorney's Fees and Costs Contingent on Rent Collection It is my understanding that the ability to pay attomey's fees is contingent on the Receiver collecting rent money. If for example, no rent money is ever collected by the Receiver, there would be no attorney's fees owed. However, if rent is collected at any point, attorney's fees wáuld be owed on the date that the Court ordered the appointment of counsel beginning Retainer Under the circumstances, none is required. PHi 518.866.8668 P.O. Box 174, Amsterdam, New York 12010 kim@kimberlyvanwormeresq.com 6 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 ATTORNEY AT LAW Termination You may terminate me anytime upon written notice. Thank you! Since ly, Kimberly Van Wormer, Esq. 518.866.8668 P.O. Box 174 Amsterdam, New Yõrk 12010 PH kim@kimberlyvanwormeresq.com 7 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY0F MONTGOMERY FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC F/K/A REALFI REAL ESTATE INVESTMENT TRUST1LC, Plaintiff, ORDER v. Index Noi EF2022 477 LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES L.L.C., BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC, COR HOLDINGS LLC, DAVID RAVEN, CARL ORSINI, A/K/A CARLOS M. ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, GEORGE LUMBER & BUILDING MATERIAL INC., KEYBANK AS SUCCESSOR BY MERGER TO FIRST NIAGARA BANK, N.A., JOHN DOE NOS. 1-100, JOHN DOE CORPORATION NOS. 1-100 AND JOHN DOE COMPANY NOS. 1-100, Defendants. This matter comes before the Court on Receiver's Motion to Employ Legal Counsel filed on February _, 2023. Receiver, Peter Sciocchetti, requests that the Court appoint Van Wormer, Esq. to serve as legal counsel for the Receiver in this case Kimberly at the rates set forth in the motion. Upon review, the Court finds that the motion should be granted. Accordingly, it is now ORDERED that Receiver's Motion to Employ Legal Counsel is granted. Van Wormer is appointed to serve as legal counset to the Receiver at the rate set Kimberly forth in the motion. 8 of 9 FILED: MONTGOMERY COUNTY CLERK 02/02/2023 05:07 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 02/03/2023 Dated: Honorable Felix Cätena 9 of 9