Preview
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__ . - - _ _ _ __ _,_ - - . __ - _ _ - __ __ _ - _ ___ _ - - _,__Ç
57TH ST. VACATION OWNERS ASSOCIATION, INC.,
BY AND THROUGH ITS BOARD OF DIRECTORS,
Plaintiff, SUMMONS
-against-
INDEX NO.:
SAUL TOUSTER, IRENE TAYLER, "JOHN DOE 1 to FILED:
JOHN DOE 25", said names being fictitious, the persons or
parties intended being the persons, parties, corporations or
entities, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the complaint,
Defendants.
__ _ _ _ _ _ _ - - - _ _ . - __ __ _, . _ . . __ - - -- - _ - - - _ . _ . _Ç
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance on the plaintiffs attorney within 20 days after the service of this summons, exclusive
of the day of service or within 30 days after completion of service where service is made in any
other manner than by personal delivery within the State. In case of your failure to appear or
answer, judgment will be taken a ainst you by default for the relief demanded in the complaint.
Dated: O , 2023
Westbury, New York /
!
Maria Sider Esq
DRUCKMAN L W GROUP PLLC
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, New York 1 I590
(516) 876-0800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____._---_____________________ _. _ - . - _. - - _Ç
57TH ST. VACATION OWNERS ASSOCIATION, INC.,
BY AND THROUGH ITSBOARD OF DIRECTORS,
Plaintiff, COMPLAINT FOR
FORECLOSURE OF A
NOTICE OF LIEN FOR
UNPAID AND
DELINQUENT
TIMESHARE OWNERS
ASSOCIATION
ASSESSMENTS
-against- INDEX NO.:
SAUL TOUSTER, IRENE TAYLER, "JOHN DOE 1 to FILED:
JOHN DOE 25", said names being fictitious, the persons or
parties intended being the persons, parties, corporations or
entities, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the complaint,
Defendants.
_ - - - _ _____-_______.._____ _ _ ____ - - - - - - .. - . _Ç
Plaintiff, by its attorneys DRUCKMAN LAW GROUP PLLC, complaining of the
defendants, alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. At all times hereinafter mentioned Plaintiff was and still is a non-profit
corporation organized and existing under and by virtue of the laws of the State of New York.
2. At all times hereinafter mentioned Plaintiff was and still is a Timeshare Owners
Association existing by virtue of the laws of the State of New York and pursuant to a Declaration
of Covenants, Conditions and Restrictions and Vacation Ownership Instrument as supplemented
and recorded in New York County Clerk's Office on October 31, 2008 in the CRFN#:
2008000426142 of Mortgages ("Declaration").
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3. At all times hereinafter mentioned Saul Touster and Irene Tayler, are the unit
owners in fee of a .009864% undivided tenant in common interest in the Timeshare Unit
57th 57th
identified as Street Vacation Suites located at 102 West Street, New York, New York,
Block 1009 and Lot 37 ("Premises") and which unit is moie particularly described in the
"A"
Schedule annexed hereto.
4. Under and pursuant to the terms, provisions, covenants, restrictions, conditions
and options contained in the Declaration and By-Laws, Saul Touster and Irene Tayler are bound
and obligated to pay all taxes, assessments, and other charges, fines and impositions attributable
to the property.
5. In breach and contravention of the Declaration and By-Laws, Saul Touster and
Irene Tayler, have failed to remit assessment charges allocated to and due upon the subject unit
from and including January 1, 2020 to present.
6. As of February 8, 2023, Saul Touster and Irene Tayler were indebted to the
Plaintiff in the sum of Sixteen Thousand Six Hundred Forty-Five Dollars and 23/100
($16,645.23); said sum representing unpaid assessment charges and related fees through
December 31, 2022 relating to ownership of the Premises.
7. Saul Touster and Irene Tayler have failed to pay the full amount due of said sum
despite due demand having been made by Plaintiff of said Defendants.
Defendants'
8. As a result of the failure to pay the aforesaid assessments, Plaintiff
caused to be filed in New York County Clerk's Office a Notice of Lien for Unpaid and
Delinquent Timeshare Owners Association Assessments in the amount of Sixteen Thousand Six
Hundred Forty-Five Dollars and 23/100 ($16,645.23) which was recorded on March 23, 2023 in
CRFN#: 2023000073422 of Liens pursuant to the Declarations of Covenants, Conditions and
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Restrictions and Vacation Ownership Instrument for HNY Club Suites ("Declaration"),
9. Plaintiff is still the owner and holder of the said Assessment Lien.
10. In addition to the sums set forth herein, Plaintiff demands that payment of
outstanding sums which continue to accrue and are due for assessments, including but not
limited to attorney's fees in accordance with the Declaration through the date judgment is
rendered hereunder be added to the amounts set for the herein.
11. Plaintiffs lien has not been paid, waived, canceled or discharged and no other
action or proceeding, either at law or in equity, has ever been brought to recover Plaintiffs claim
or any part thereof.
12. In order to protect its security, the Plaintiff may be compelled, during the
pendency of this action, to pay sums for premiums on insurance policies, real estate taxes,
assessments, water charges which are or may become liens on the Premises, and any other
charges which may be necessary for the Premises, and the Plaintiff prays that any sum or sums
so paid, together with interest from the date of payment, shall be added to the Plaintiffs claim
and be deemed secured by the lien and adjudged a valuable lien on the Premises, and that
Plaintiff be paid such sums, together with the interest thereon, out of the proceeds of the sale of
the Premises.
13. The Defendants and each of them have or claim to have, or may have some
interest or lien or claim upon the lands and premises covered by said Assessment Lien or some
part thereof, but that said interest, lien or claim, if any, have accrued subsequent to such
Assessment Lien, and are and each of them is subject and subordinate thereto.
1" 25"
14. That the Defendants "JOHN DOE to "JOHN DOE are joined as party
Defendants because there may be unknown tenants/occupants who are in possession of the
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aforementioned premises, or there may be corporations, or other entities or persons who claim,
or may claim, a lien against the premises.
15. No other action or proceeding at law, in equity or otherwise was completed for
the recovery of any part of the principal or interest, secured by said Lien.
16. Said premises and the title thereto are subject to any state of facts an accurate
survey would show; to all covenants, restrictions, easements, agreements, reservations, and prior
liens, if any, of record and to any violations thereof; to the physical condition of any building or
structure as of the date of sale hereunder; to building restrictions and zoning ordinances and to
any violations of the same.
17. Said premises and the title thereto are subject to the terms, provisions, covenants,
restrictions, conditions and options contained in and rights and easements established by the
Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for
57th
Street VaCation SuiteS dated October 14, 2008 and recorded in New York County Clerk's
Office on October 31, 2008 in the CRFN#: 2008000426142 of Mortgages.
17A. Also, said premises and the title thereto are subject to the terms, provisions and
covenants of the Declaration of Uniform Mortgage Covenants dated October 14, 2008 and
recorded in New York County Clerk's Office on October 31, 2008 CRFN#: 2008000426143 of
Mortgages.
18. Subject to any other Homeowners Association By-Laws which will continue to
burden the property.
19. Subject to any rights of tenants or persons in possession of subject premises.
20. Subject to any rights of redemption of the United States of America to redeem the
premises within 120 days from the date of sale.
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21. Subject to prior liens if any.
22. In the event that Plaintiff possesses any other liens against said premises either by
way of judgment, junior mortgage or otherwise, Plaintiff requests that such other liens shall not
be merged in Plaintiffs causes of action set forth in this complaint, but that Plaintiff shall be
permitted to enforce said other liens and/or seek determination of priority thereof in any
independent action or proceeding, including, without limitation, any surplus money proceeding.
23. The Plaintiff shall not be deemed to have waived, altered, released or changed its
demand for payment in full by reason of payment, after the date of the commencement of this
action, of any of the defaults mentioned herein; and such demand shall continue and remain
effective until the costs and disbursements of this action and any and all future defaults under the
Note and Mortgage occurring prior to a discontinuance of this action are fully paid.
24. By reason of the foregoing, Plaintiff requests that a Judgment of Foreclosure and
Sale be entered with respect to the Premises, that all persons claimed under them or any of them
to the filing of the Notice of Pendency of this action, may be barred and foreclosed of and from
all right, title and equity or redemption in the Premises.
25. The premises affected by and described in said Assessment Lien are known as a
57th
.009864% undivided tenant in common interest in the Timeshare Unit identified as Street
57th
Vacation Suites located at 102 West Street, New York, New York 10019-3302, as more
"A"
fully described in Schedule annexed hereto.
AS AND FOR A SECOND CAUSE OF ACTION
"1"
26. Plaintiff repeats and realleges each and every allegation of paragraphs through
"25"
of the Complaint as though fully set forth herein.
27. The Declaration and the By-Laws provide that Plaintiff shall be entitled to receive
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all costs, including reasonable attorney's fees, incurred in any action to recover its unpaid
assessments, late charges, interest and other charges.
28. By reason of the foregoing, Plaintiff requests a judgment against Defendants Saul
Touster and Irene Tayler in an amount to be proven and determined by this Court, for the costs,
including reasonable attorney's fees incurred by Plaintiff in connection with this action, plus
interest, but not less than Six Thousand Dollars and 00/100 ($6,000.00) Dollars.
AS AND FOR A THIRD CAUSE OF ACTION
"1"
29. Plaintiff repeats and realleges each and every allegation of paragraphs through
"28"
of the Complaint as though fully set forth herein.
30. Under and pursuant to the terms, provisions and covenants of the Declaration and
the By-Laws, Plaintiff is entitled to elect its remedies by either seeking a foreclosure action or
money judgment against Saul Touster and Irene Tayler.
31. On the third cause of action, should the Plaintiff s Assessment Lien be cut off by a
superior Mortgage holder, than in that event the Plaintiff shall hereby seek a money judgment
which includes arrears, interest, costs and legal fees incurred by Plaintiff in an amount believed
to be in excess of Six Thousand Dollars and 00/100 ($6,000,00).
WHEREFORE, Plaintiff demands judgment:
1. That the defendants herein and all persons claiming under them, subsequent to the
commencement of this action and the filing of a Notice of Pendency, be barred and foreclosed of
all estate, right, title, interest, claim, lien and equity of redemption in the Premises; except the
right of the United States of America and/or its political subdivisions, if it be a party defendant to
this action, to redeem as provided for by applicable law subject to Paragraph Seventeen of this
complaint.
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2. That the monies arising from the sale thereof may be brought into Court; that the
Plaintiff may be paid the amount of the outstanding lien as hereinbefore set forth, with interest
and late charges to the time of such payment and the expenses of such sale, plus reasonable
attorney's fees, together with the costs, allowances and disbursements of this action, and that
Plaintiff may be paid those sums due as common charges from the date of filing of the
outstanding lien through the date of entry of the judgment hereunder and any sums paid by the
Plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums
and other necessary charges or expenses to protect the lien on the Premises.
is"
3. That the said premises be decreed to be sold, according to law, in "as physical
order and condition, subject to the items set forth in Paragraph Seventeen of this complaint.
4. That the Plaintiff may be paid the sums due alleged in its Second Cause of Action
in an amount to proven and determined by the Court for Plaintiff reasonable attorney's fees,
costs, and disbursements, including interest, in commencing this action.
5. That in the event that Plaintiff is to be cut off by a superior Mortgage holder, the
Plaintiff shall seek a money judgment as alleged in its Third Cause of Action which includes
arrears, interests, cost and legal fees incurred by Plaintiff.
6. That in the event that Plaintiff possesses any other lien against the Premises
either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other liens
shall not be merged with Plaintiffs causes of action set forth in this Complaint but Plaintiff shall
be permitted to enforce said other lien and or seek determination of priority thereof in any
independent action or proceedings including, without limitation, any surplus money proceeding.
7. That during the pendency of this action, if necessary, a Receiver of rents, issues
and profits of the said Premises be appointed with the usual powers of such Receivers.
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8. That the Plaintiff be awarded such other, further and difTerent relief in the real
property and otherwise as may be just and equitable.
Dated: O , 2023
Westbury, New York
Maria Sideris, Esq
DRUCKMAN LAW GROUP PLLC
Attorneys for Plaintiff
242 Drexel Avenue
Westbury. New York 1 1590
(516) 876-0800
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Index No.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
57TH ST. VACATION OWNERS ASSOCIATION,
INC., BY AND THROUGH ITS BOARD OF
DIRECTORS,
Plaintiff,
-against-
SAUL TOUSTER, IRENE TAYLER, et al.
Defendants.
SUMMONS AND COMPLAINT
DRUCKMAN LAW GROUP PLLC
Attorneys for Plaintiff
242 Drexel Avenue
Westbury, NY 11590
(516) 876-0800
DLG#: 39319
10 of 10
Preview
FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __ . - - _ _ _ __ _,_ - - . __ - _ _ - __ __ _ - _ ___ _ - - _,__Ç 57TH ST. VACATION OWNERS ASSOCIATION, INC., BY AND THROUGH ITS BOARD OF DIRECTORS, Plaintiff, SUMMONS -against- INDEX NO.: SAUL TOUSTER, IRENE TAYLER, "JOHN DOE 1 to FILED: JOHN DOE 25", said names being fictitious, the persons or parties intended being the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. __ _ _ _ _ _ _ - - - _ _ . - __ __ _, . _ . . __ - - -- - _ - - - _ . _ . _Ç TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service or within 30 days after completion of service where service is made in any other manner than by personal delivery within the State. In case of your failure to appear or answer, judgment will be taken a ainst you by default for the relief demanded in the complaint. Dated: O , 2023 Westbury, New York / ! Maria Sider Esq DRUCKMAN L W GROUP PLLC Attorneys for Plaintiff 242 Drexel Avenue Westbury, New York 1 I590 (516) 876-0800 1 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____._---_____________________ _. _ - . - _. - - _Ç 57TH ST. VACATION OWNERS ASSOCIATION, INC., BY AND THROUGH ITSBOARD OF DIRECTORS, Plaintiff, COMPLAINT FOR FORECLOSURE OF A NOTICE OF LIEN FOR UNPAID AND DELINQUENT TIMESHARE OWNERS ASSOCIATION ASSESSMENTS -against- INDEX NO.: SAUL TOUSTER, IRENE TAYLER, "JOHN DOE 1 to FILED: JOHN DOE 25", said names being fictitious, the persons or parties intended being the persons, parties, corporations or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. _ - - - _ _____-_______.._____ _ _ ____ - - - - - - .. - . _Ç Plaintiff, by its attorneys DRUCKMAN LAW GROUP PLLC, complaining of the defendants, alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times hereinafter mentioned Plaintiff was and still is a non-profit corporation organized and existing under and by virtue of the laws of the State of New York. 2. At all times hereinafter mentioned Plaintiff was and still is a Timeshare Owners Association existing by virtue of the laws of the State of New York and pursuant to a Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument as supplemented and recorded in New York County Clerk's Office on October 31, 2008 in the CRFN#: 2008000426142 of Mortgages ("Declaration"). 2 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 3. At all times hereinafter mentioned Saul Touster and Irene Tayler, are the unit owners in fee of a .009864% undivided tenant in common interest in the Timeshare Unit 57th 57th identified as Street Vacation Suites located at 102 West Street, New York, New York, Block 1009 and Lot 37 ("Premises") and which unit is moie particularly described in the "A" Schedule annexed hereto. 4. Under and pursuant to the terms, provisions, covenants, restrictions, conditions and options contained in the Declaration and By-Laws, Saul Touster and Irene Tayler are bound and obligated to pay all taxes, assessments, and other charges, fines and impositions attributable to the property. 5. In breach and contravention of the Declaration and By-Laws, Saul Touster and Irene Tayler, have failed to remit assessment charges allocated to and due upon the subject unit from and including January 1, 2020 to present. 6. As of February 8, 2023, Saul Touster and Irene Tayler were indebted to the Plaintiff in the sum of Sixteen Thousand Six Hundred Forty-Five Dollars and 23/100 ($16,645.23); said sum representing unpaid assessment charges and related fees through December 31, 2022 relating to ownership of the Premises. 7. Saul Touster and Irene Tayler have failed to pay the full amount due of said sum despite due demand having been made by Plaintiff of said Defendants. Defendants' 8. As a result of the failure to pay the aforesaid assessments, Plaintiff caused to be filed in New York County Clerk's Office a Notice of Lien for Unpaid and Delinquent Timeshare Owners Association Assessments in the amount of Sixteen Thousand Six Hundred Forty-Five Dollars and 23/100 ($16,645.23) which was recorded on March 23, 2023 in CRFN#: 2023000073422 of Liens pursuant to the Declarations of Covenants, Conditions and 3 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 Restrictions and Vacation Ownership Instrument for HNY Club Suites ("Declaration"), 9. Plaintiff is still the owner and holder of the said Assessment Lien. 10. In addition to the sums set forth herein, Plaintiff demands that payment of outstanding sums which continue to accrue and are due for assessments, including but not limited to attorney's fees in accordance with the Declaration through the date judgment is rendered hereunder be added to the amounts set for the herein. 11. Plaintiffs lien has not been paid, waived, canceled or discharged and no other action or proceeding, either at law or in equity, has ever been brought to recover Plaintiffs claim or any part thereof. 12. In order to protect its security, the Plaintiff may be compelled, during the pendency of this action, to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges which are or may become liens on the Premises, and any other charges which may be necessary for the Premises, and the Plaintiff prays that any sum or sums so paid, together with interest from the date of payment, shall be added to the Plaintiffs claim and be deemed secured by the lien and adjudged a valuable lien on the Premises, and that Plaintiff be paid such sums, together with the interest thereon, out of the proceeds of the sale of the Premises. 13. The Defendants and each of them have or claim to have, or may have some interest or lien or claim upon the lands and premises covered by said Assessment Lien or some part thereof, but that said interest, lien or claim, if any, have accrued subsequent to such Assessment Lien, and are and each of them is subject and subordinate thereto. 1" 25" 14. That the Defendants "JOHN DOE to "JOHN DOE are joined as party Defendants because there may be unknown tenants/occupants who are in possession of the 4 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 aforementioned premises, or there may be corporations, or other entities or persons who claim, or may claim, a lien against the premises. 15. No other action or proceeding at law, in equity or otherwise was completed for the recovery of any part of the principal or interest, secured by said Lien. 16. Said premises and the title thereto are subject to any state of facts an accurate survey would show; to all covenants, restrictions, easements, agreements, reservations, and prior liens, if any, of record and to any violations thereof; to the physical condition of any building or structure as of the date of sale hereunder; to building restrictions and zoning ordinances and to any violations of the same. 17. Said premises and the title thereto are subject to the terms, provisions, covenants, restrictions, conditions and options contained in and rights and easements established by the Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for 57th Street VaCation SuiteS dated October 14, 2008 and recorded in New York County Clerk's Office on October 31, 2008 in the CRFN#: 2008000426142 of Mortgages. 17A. Also, said premises and the title thereto are subject to the terms, provisions and covenants of the Declaration of Uniform Mortgage Covenants dated October 14, 2008 and recorded in New York County Clerk's Office on October 31, 2008 CRFN#: 2008000426143 of Mortgages. 18. Subject to any other Homeowners Association By-Laws which will continue to burden the property. 19. Subject to any rights of tenants or persons in possession of subject premises. 20. Subject to any rights of redemption of the United States of America to redeem the premises within 120 days from the date of sale. 5 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 21. Subject to prior liens if any. 22. In the event that Plaintiff possesses any other liens against said premises either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other liens shall not be merged in Plaintiffs causes of action set forth in this complaint, but that Plaintiff shall be permitted to enforce said other liens and/or seek determination of priority thereof in any independent action or proceeding, including, without limitation, any surplus money proceeding. 23. The Plaintiff shall not be deemed to have waived, altered, released or changed its demand for payment in full by reason of payment, after the date of the commencement of this action, of any of the defaults mentioned herein; and such demand shall continue and remain effective until the costs and disbursements of this action and any and all future defaults under the Note and Mortgage occurring prior to a discontinuance of this action are fully paid. 24. By reason of the foregoing, Plaintiff requests that a Judgment of Foreclosure and Sale be entered with respect to the Premises, that all persons claimed under them or any of them to the filing of the Notice of Pendency of this action, may be barred and foreclosed of and from all right, title and equity or redemption in the Premises. 25. The premises affected by and described in said Assessment Lien are known as a 57th .009864% undivided tenant in common interest in the Timeshare Unit identified as Street 57th Vacation Suites located at 102 West Street, New York, New York 10019-3302, as more "A" fully described in Schedule annexed hereto. AS AND FOR A SECOND CAUSE OF ACTION "1" 26. Plaintiff repeats and realleges each and every allegation of paragraphs through "25" of the Complaint as though fully set forth herein. 27. The Declaration and the By-Laws provide that Plaintiff shall be entitled to receive 6 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 all costs, including reasonable attorney's fees, incurred in any action to recover its unpaid assessments, late charges, interest and other charges. 28. By reason of the foregoing, Plaintiff requests a judgment against Defendants Saul Touster and Irene Tayler in an amount to be proven and determined by this Court, for the costs, including reasonable attorney's fees incurred by Plaintiff in connection with this action, plus interest, but not less than Six Thousand Dollars and 00/100 ($6,000.00) Dollars. AS AND FOR A THIRD CAUSE OF ACTION "1" 29. Plaintiff repeats and realleges each and every allegation of paragraphs through "28" of the Complaint as though fully set forth herein. 30. Under and pursuant to the terms, provisions and covenants of the Declaration and the By-Laws, Plaintiff is entitled to elect its remedies by either seeking a foreclosure action or money judgment against Saul Touster and Irene Tayler. 31. On the third cause of action, should the Plaintiff s Assessment Lien be cut off by a superior Mortgage holder, than in that event the Plaintiff shall hereby seek a money judgment which includes arrears, interest, costs and legal fees incurred by Plaintiff in an amount believed to be in excess of Six Thousand Dollars and 00/100 ($6,000,00). WHEREFORE, Plaintiff demands judgment: 1. That the defendants herein and all persons claiming under them, subsequent to the commencement of this action and the filing of a Notice of Pendency, be barred and foreclosed of all estate, right, title, interest, claim, lien and equity of redemption in the Premises; except the right of the United States of America and/or its political subdivisions, if it be a party defendant to this action, to redeem as provided for by applicable law subject to Paragraph Seventeen of this complaint. 7 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 2. That the monies arising from the sale thereof may be brought into Court; that the Plaintiff may be paid the amount of the outstanding lien as hereinbefore set forth, with interest and late charges to the time of such payment and the expenses of such sale, plus reasonable attorney's fees, together with the costs, allowances and disbursements of this action, and that Plaintiff may be paid those sums due as common charges from the date of filing of the outstanding lien through the date of entry of the judgment hereunder and any sums paid by the Plaintiff for real estate taxes, assessments, water charges and sewer rents, insurance premiums and other necessary charges or expenses to protect the lien on the Premises. is" 3. That the said premises be decreed to be sold, according to law, in "as physical order and condition, subject to the items set forth in Paragraph Seventeen of this complaint. 4. That the Plaintiff may be paid the sums due alleged in its Second Cause of Action in an amount to proven and determined by the Court for Plaintiff reasonable attorney's fees, costs, and disbursements, including interest, in commencing this action. 5. That in the event that Plaintiff is to be cut off by a superior Mortgage holder, the Plaintiff shall seek a money judgment as alleged in its Third Cause of Action which includes arrears, interests, cost and legal fees incurred by Plaintiff. 6. That in the event that Plaintiff possesses any other lien against the Premises either by way of judgment, junior mortgage or otherwise, Plaintiff requests that such other liens shall not be merged with Plaintiffs causes of action set forth in this Complaint but Plaintiff shall be permitted to enforce said other lien and or seek determination of priority thereof in any independent action or proceedings including, without limitation, any surplus money proceeding. 7. That during the pendency of this action, if necessary, a Receiver of rents, issues and profits of the said Premises be appointed with the usual powers of such Receivers. 8 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 8. That the Plaintiff be awarded such other, further and difTerent relief in the real property and otherwise as may be just and equitable. Dated: O , 2023 Westbury, New York Maria Sideris, Esq DRUCKMAN LAW GROUP PLLC Attorneys for Plaintiff 242 Drexel Avenue Westbury. New York 1 1590 (516) 876-0800 9 of 10 FILED: NEW YORK COUNTY CLERK 04/12/2023 12:52 PM INDEX NO. 850226/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2023 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 57TH ST. VACATION OWNERS ASSOCIATION, INC., BY AND THROUGH ITS BOARD OF DIRECTORS, Plaintiff, -against- SAUL TOUSTER, IRENE TAYLER, et al. Defendants. SUMMONS AND COMPLAINT DRUCKMAN LAW GROUP PLLC Attorneys for Plaintiff 242 Drexel Avenue Westbury, NY 11590 (516) 876-0800 DLG#: 39319 10 of 10