On November 03, 2020 a
Motion-Secondary
was filed
involving a dispute between
Ramdas Shanbhag,
Ramdas Shanbhag
As Trustee For Ramdas Shanbhag Trust,
and
Equity Trust Company, Custodian, Fbo, Maria Trinidad,
Jane Doe,
Jen Len 401 K Plan Fbo Maria Trinidad,
Jen Len, Llc,
Jen Len, Llc, Revocable Living Trust,
John Doe,
Lima Charlie Llc,
Lyons National Bank,
Maria Trinidad,
Metro City Bank,
for Real Property - Other (Fraud)
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM INDEX NO. E2020008624
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3055192
Book Page CIVIL
Return To: No. Pages: 4
YELENA SHAROVA
147 PRINCE STREET, 4TH FLOOR Instrument: AFFIDAVIT
BROOKLYN, NY 11201
Control #: 202204201095
Index #: E2020008624
Date: 04/20/2022
Shanbhag, Ramdas Time: 3:36:37 PM
Shanbhag, Ramdas
Trinidad, Maria
Jen Len, LLC
Jen Len 401 K Plan FBO Maria Trinidad
Jen Len, LLC, Revocable Living Trust
Equity Trust Company, Custodian, FBO, Maria Trinidad
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 4
202204201095 Index #
INDEX : E2020008624
NO. E2020008624
FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
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RAMDAS SHANBHAG and, Index No E2020008624
RAMDAS SHANBHAG AS TRUSTEE FOR THE
RAMDAS SHANBHAG TRUST
Plaintiff,
-against- AFFIDAVIT IN SUPPORT
OF CROSS-MOTION FOR
MARIA TRINIDAD; JENLEN LLC; JENLEN 401K PLAN SUMMARY JUDGMENT
FBO MARIA TRINIDAD; JENLEN LLC, AND IN OPPOSITION TO
REVOCABLE LIVING TRUST; EQUITY TRUST PLAINTIFF’S MOTION
COMPANY, CUSTODIAN, FBO MARIA TRINIDAD; TO APPOINT A
LIMA CHARLIE, LLC; METRO CITY BANK; RECEIVER
LYONS NATIONAL BANK; RADNAGE PROPERTY, LLC;
and “John Doe” and “Mary Doe,” said names being fictitious,
parties intended being possible tenants or occupants of
premises, and corporations, other entities or persons who
claim, or may claim, a lien against the premises,
Defendant.
-------------------------------------------------------------------X
STATE OF NEW YORK)
COUNTY OF )
I, Maria Trinidad, being duly sworn deposes and says the following under penalties of
perjury:
I am a named Defendant in the action herein and a Trustee of Defendant EQUITY TRUST
COMPANY, CUSTODIAN, FBO MARIA TRINIDAD, Defendant JENLEN, LLC,
REVOCABLE LIVING TRUST, a member of Defendant JENLEN LLC and owner of JENLEN
401K PLAN FBO MARIA TRINIDAD,(hereinafter “Moving defendants”) therefore, I am fully
Familiar with the facts and circumstances of this matter. I make this affidavit in support of the
cross-motion for Summary Judgment and to dismiss the Complaint as settled and in opposition of
Plaintiffs Motion to Appoint a Receiver.
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202204201095 IndexNO.
INDEX #: E2020008624
E2020008624
FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022
1. The Plaintiff and the moving defendants invested in multiple real estate properties in
Monroe County at the following addresses:
i. 249 Parklands Drive, Rochester, NY
ii. 46-48 Nye Park, Rochester, NY
iii. 901 Lake Avenue, Rochester, NY
iv. 1979 North Goodman Street, Rochester, NY
v. 1875 North Goodman Street, Rochester, NY
vi. 49-55 Orange Street, Rochester, NY
2. This action was commenced with the filing of the Summons and Complaint and six Notices
of Pendency in the Monroe County Clerk’s Office electronically via NYSCEF on
November 3, 2020. A copy of the Summons and Complaint is annexed hereto as “Exhibit
B”.
3. Prior to the filing of the Answer, the Plaintiff and the moving defendants entered into
agreeable settlement terms, which was further confirmed to writing on January 17, 2021.
A copy of the email sent by the Plaintiff to his counsel is annexed hereto as “Exhibit J”.
4. The moving defendants thereinafter began to make all the proper arrangements to begin
the full transfer of the properties to the Plaintiffs under the terms of the settlement in the
January 17, 2021 email.
5. However, subsequently after, counsel for the plaintiff began to dramatically alter the terms
of the settlement agreement between the moving defendants and the plaintiff, demanding
far more than provided for, and stifling the parties’ efforts to execute the settlement
agreement annexed hereto as “Exhibit J”.
6. The moving defendants Answered pursuant to Stipulation between counsel on February 5,
2021. A copy of this Answer is annexed hereto as “Exhibit C”.
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202204201095 IndexNO.
INDEX #: E2020008624
E2020008624
FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022
4 of 4
Preview
FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM INDEX NO. E2020008624 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3055192 Book Page CIVIL Return To: No. Pages: 4 YELENA SHAROVA 147 PRINCE STREET, 4TH FLOOR Instrument: AFFIDAVIT BROOKLYN, NY 11201 Control #: 202204201095 Index #: E2020008624 Date: 04/20/2022 Shanbhag, Ramdas Time: 3:36:37 PM Shanbhag, Ramdas Trinidad, Maria Jen Len, LLC Jen Len 401 K Plan FBO Maria Trinidad Jen Len, LLC, Revocable Living Trust Equity Trust Company, Custodian, FBO, Maria Trinidad Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202204201095 Index # INDEX : E2020008624 NO. E2020008624 FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE -------------------------------------------------------------------X RAMDAS SHANBHAG and, Index No E2020008624 RAMDAS SHANBHAG AS TRUSTEE FOR THE RAMDAS SHANBHAG TRUST Plaintiff, -against- AFFIDAVIT IN SUPPORT OF CROSS-MOTION FOR MARIA TRINIDAD; JENLEN LLC; JENLEN 401K PLAN SUMMARY JUDGMENT FBO MARIA TRINIDAD; JENLEN LLC, AND IN OPPOSITION TO REVOCABLE LIVING TRUST; EQUITY TRUST PLAINTIFF’S MOTION COMPANY, CUSTODIAN, FBO MARIA TRINIDAD; TO APPOINT A LIMA CHARLIE, LLC; METRO CITY BANK; RECEIVER LYONS NATIONAL BANK; RADNAGE PROPERTY, LLC; and “John Doe” and “Mary Doe,” said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendant. -------------------------------------------------------------------X STATE OF NEW YORK) COUNTY OF ) I, Maria Trinidad, being duly sworn deposes and says the following under penalties of perjury: I am a named Defendant in the action herein and a Trustee of Defendant EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD, Defendant JENLEN, LLC, REVOCABLE LIVING TRUST, a member of Defendant JENLEN LLC and owner of JENLEN 401K PLAN FBO MARIA TRINIDAD,(hereinafter “Moving defendants”) therefore, I am fully Familiar with the facts and circumstances of this matter. I make this affidavit in support of the cross-motion for Summary Judgment and to dismiss the Complaint as settled and in opposition of Plaintiffs Motion to Appoint a Receiver. 2 of 4 202204201095 IndexNO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022 1. The Plaintiff and the moving defendants invested in multiple real estate properties in Monroe County at the following addresses: i. 249 Parklands Drive, Rochester, NY ii. 46-48 Nye Park, Rochester, NY iii. 901 Lake Avenue, Rochester, NY iv. 1979 North Goodman Street, Rochester, NY v. 1875 North Goodman Street, Rochester, NY vi. 49-55 Orange Street, Rochester, NY 2. This action was commenced with the filing of the Summons and Complaint and six Notices of Pendency in the Monroe County Clerk’s Office electronically via NYSCEF on November 3, 2020. A copy of the Summons and Complaint is annexed hereto as “Exhibit B”. 3. Prior to the filing of the Answer, the Plaintiff and the moving defendants entered into agreeable settlement terms, which was further confirmed to writing on January 17, 2021. A copy of the email sent by the Plaintiff to his counsel is annexed hereto as “Exhibit J”. 4. The moving defendants thereinafter began to make all the proper arrangements to begin the full transfer of the properties to the Plaintiffs under the terms of the settlement in the January 17, 2021 email. 5. However, subsequently after, counsel for the plaintiff began to dramatically alter the terms of the settlement agreement between the moving defendants and the plaintiff, demanding far more than provided for, and stifling the parties’ efforts to execute the settlement agreement annexed hereto as “Exhibit J”. 6. The moving defendants Answered pursuant to Stipulation between counsel on February 5, 2021. A copy of this Answer is annexed hereto as “Exhibit C”. 3 of 4 202204201095 IndexNO. INDEX #: E2020008624 E2020008624 FILED: MONROE COUNTY CLERK 04/20/2022 03:32 PM NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/20/2022 4 of 4