Preview
FILED: NASSAU COUNTY CLERK 03/13/2023 11:49 AM INDEX NO. 613956/2020
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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HOF I GRANTOR TRUST 5, Index No.: 613956/2020
Plaintiff,
AFFIRMATION OF GOOD
-against- FAITH PURSUANT TO
22 NYCRR 202.7
LEGACY INV. & MANAGEMENT GROUP, LLC,
NELSON HERNANDEZ, NYS DEPARTMENT OF
TAXATION & FINANCE, DEEDEE DOE (last name
refused),
Defendants.
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Lawrence S. Han, an attorney duly admitted to practice law before the Courts of the State
of New York, hereby affirms the following under the penalties of perjury:
1. I am counsel for the law firm of Rivkin Radler LLP, attorneys for non-parties
Danny Aguilar and Brenda Aguilar (collectively, “Aguilars”), the current homeowners of the
subject property, located at 572 Clark Place, Uniondale, New York 11553 (“Property”), at issue in
the above-referenced foreclosure action. As such, I am fully familiar with the facts and
circumstances of this action based on facts known to me to be true and my review of the books
and records maintained by the Aguilars, and conversations with the Aguilars and/or their agents.
2. This Affirmation of Good Faith is respectfully submitted in support of the Aguilars’
Order to Show Cause seeking: (a) leave for the Aguilars to intervene in this action pursuant to
CPLR §1012 and/or CPLR §1013; (b) the granting of a preliminary injunction, pursuant to CPLR
§6301, prohibiting any further action on the Judgment of Foreclosure and Sale dated March 16,
2022 (“Judgment”) and the resulting August 8, 2022 foreclosure sale of the Property (“Foreclosure
Sale”), including barring the closing of the sale of the Property as a result of a recent public auction,
pending resolution of this matter so that the interests of the Aguilars may be determined on the
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merits by this Court; (c) the granting of a temporary restraining order pending the hearing for a
preliminary injunction pursuant to CPLR §6313(a); and (d) such other and further relief as the
Court may deem just and proper under the circumstances.
3. As set forth below, despite the Aguilars’ good faith efforts to resolve the issues
raised in their Order to Show Cause, the parties were unable to come to an agreement.
4. On or about September 14, 2022, my office contacted Brian Goldberg, counsel for
Plaintiff HOF I Grantor Trust 5 (“HOF”), to discuss a resolution of the issues raised by the
Judgment and the Foreclosure Sale in this matter. The discussion focused on the manner in which
HOF calculated the sum allegedly owed by Defendant Legacy Inv. & Management Group, LLC
(“Legacy”), despite having received a sum of $281,019.49 from the sale proceeds that the Aguilars
paid in connection to the purchase of the Property from Legacy.
5. Inasmuch as the parties have communicated their positions regarding the Judgment
and the Foreclosure Sale to each other and have, in good faith, been unable to resolve the disputes
over the propriety of the Judgment and the Foreclosure Sale, the Aguilars submit that their good
faith obligations under 22 NYCRR 202.7(c) have been satisfied.
6. As it has become clear that a resolution cannot be reached, the Aguilars have no
choice but to proceed with this Order to Show Cause.
7. Due to the Aguilars’ immediate danger of suffering irreparable injury, they seek a
temporary restraining order pending the hearing for a preliminary injunction.
8. My office has made good faith efforts to notify all parties of this application,
including HOF, Legacy, and Defendant Nelson Hernandez, as well as the non-party Referee Janine
Lynam, Esq. All of these parties were served with a copy of the papers in support of Aguilars’
Order to Show Cause via Federal Express overnight mail on March 6, 2023, along with a letter
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notifying them that counsel for the Aguilars will be appearing before this Court on the Order to
Show Cause on March 10, 2023 at 9:30 am or as soon thereafter as counsel can be heard. Attached
as Exhibit “1” is an Affidavit of Service relating to the service of the letter and Order to Show
Cause papers on each of them.
9. No previous application for the relief requested herein has been made.
10. This is not a frivolous application pursuant to 22 NYCRR 130-1.1-a.
WHEREFORE, the Aguilars respectfully request that this Order to Show Cause be heard
on emergency basis due to the significant prejudice to the Aguilars and granted in its entirety,
together with costs and disbursements, and for such other and further relief as this Court may deem
just and appropriate.
Dated: Uniondale, New York
March 13, 2023
/s/ Lawrence S. Han
Lawrence S. Han
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ATTORNEY CERTIFICATION PURSUANT TO RULE 202.8-b
I, Lawrence S. Han, an attorney duly admitted to practice law before the courts of the State
of New York, hereby certify that this Affirmation of Good Faith complies with the word-count
limit set forth in Rule 202.8-b of The Uniform Civil Rules for the Supreme Court and the County
Court because it contains 690 words, excluding the parts of the Attorney Affirmation exempted by
Rule 202.8-b. In preparing this certificate, I have relied on the word count of the word-processing
system used to prepare this Attorney Affirmation.
Dated: March 13, 2023
/s/ Lawrence S. Han
Lawrence S. Han
4
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Preview
FILED: NASSAU COUNTY CLERK 03/13/2023 11:49 AM INDEX NO. 613956/2020 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -------------------------------------------------------------------X HOF I GRANTOR TRUST 5, Index No.: 613956/2020 Plaintiff, AFFIRMATION OF GOOD -against- FAITH PURSUANT TO 22 NYCRR 202.7 LEGACY INV. & MANAGEMENT GROUP, LLC, NELSON HERNANDEZ, NYS DEPARTMENT OF TAXATION & FINANCE, DEEDEE DOE (last name refused), Defendants. -------------------------------------------------------------------X Lawrence S. Han, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the following under the penalties of perjury: 1. I am counsel for the law firm of Rivkin Radler LLP, attorneys for non-parties Danny Aguilar and Brenda Aguilar (collectively, “Aguilars”), the current homeowners of the subject property, located at 572 Clark Place, Uniondale, New York 11553 (“Property”), at issue in the above-referenced foreclosure action. As such, I am fully familiar with the facts and circumstances of this action based on facts known to me to be true and my review of the books and records maintained by the Aguilars, and conversations with the Aguilars and/or their agents. 2. This Affirmation of Good Faith is respectfully submitted in support of the Aguilars’ Order to Show Cause seeking: (a) leave for the Aguilars to intervene in this action pursuant to CPLR §1012 and/or CPLR §1013; (b) the granting of a preliminary injunction, pursuant to CPLR §6301, prohibiting any further action on the Judgment of Foreclosure and Sale dated March 16, 2022 (“Judgment”) and the resulting August 8, 2022 foreclosure sale of the Property (“Foreclosure Sale”), including barring the closing of the sale of the Property as a result of a recent public auction, pending resolution of this matter so that the interests of the Aguilars may be determined on the 1 of 4 FILED: NASSAU COUNTY CLERK 03/13/2023 11:49 AM INDEX NO. 613956/2020 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/13/2023 merits by this Court; (c) the granting of a temporary restraining order pending the hearing for a preliminary injunction pursuant to CPLR §6313(a); and (d) such other and further relief as the Court may deem just and proper under the circumstances. 3. As set forth below, despite the Aguilars’ good faith efforts to resolve the issues raised in their Order to Show Cause, the parties were unable to come to an agreement. 4. On or about September 14, 2022, my office contacted Brian Goldberg, counsel for Plaintiff HOF I Grantor Trust 5 (“HOF”), to discuss a resolution of the issues raised by the Judgment and the Foreclosure Sale in this matter. The discussion focused on the manner in which HOF calculated the sum allegedly owed by Defendant Legacy Inv. & Management Group, LLC (“Legacy”), despite having received a sum of $281,019.49 from the sale proceeds that the Aguilars paid in connection to the purchase of the Property from Legacy. 5. Inasmuch as the parties have communicated their positions regarding the Judgment and the Foreclosure Sale to each other and have, in good faith, been unable to resolve the disputes over the propriety of the Judgment and the Foreclosure Sale, the Aguilars submit that their good faith obligations under 22 NYCRR 202.7(c) have been satisfied. 6. As it has become clear that a resolution cannot be reached, the Aguilars have no choice but to proceed with this Order to Show Cause. 7. Due to the Aguilars’ immediate danger of suffering irreparable injury, they seek a temporary restraining order pending the hearing for a preliminary injunction. 8. My office has made good faith efforts to notify all parties of this application, including HOF, Legacy, and Defendant Nelson Hernandez, as well as the non-party Referee Janine Lynam, Esq. All of these parties were served with a copy of the papers in support of Aguilars’ Order to Show Cause via Federal Express overnight mail on March 6, 2023, along with a letter 2 2 of 4 FILED: NASSAU COUNTY CLERK 03/13/2023 11:49 AM INDEX NO. 613956/2020 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/13/2023 notifying them that counsel for the Aguilars will be appearing before this Court on the Order to Show Cause on March 10, 2023 at 9:30 am or as soon thereafter as counsel can be heard. Attached as Exhibit “1” is an Affidavit of Service relating to the service of the letter and Order to Show Cause papers on each of them. 9. No previous application for the relief requested herein has been made. 10. This is not a frivolous application pursuant to 22 NYCRR 130-1.1-a. WHEREFORE, the Aguilars respectfully request that this Order to Show Cause be heard on emergency basis due to the significant prejudice to the Aguilars and granted in its entirety, together with costs and disbursements, and for such other and further relief as this Court may deem just and appropriate. Dated: Uniondale, New York March 13, 2023 /s/ Lawrence S. Han Lawrence S. Han 3 3 of 4 FILED: NASSAU COUNTY CLERK 03/13/2023 11:49 AM INDEX NO. 613956/2020 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 03/13/2023 ATTORNEY CERTIFICATION PURSUANT TO RULE 202.8-b I, Lawrence S. Han, an attorney duly admitted to practice law before the courts of the State of New York, hereby certify that this Affirmation of Good Faith complies with the word-count limit set forth in Rule 202.8-b of The Uniform Civil Rules for the Supreme Court and the County Court because it contains 690 words, excluding the parts of the Attorney Affirmation exempted by Rule 202.8-b. In preparing this certificate, I have relied on the word count of the word-processing system used to prepare this Attorney Affirmation. Dated: March 13, 2023 /s/ Lawrence S. Han Lawrence S. Han 4 6197144.v3 4 of 4