Order to Show Cause: Michelle Perepiczka v. Golden Renovations, Inc.

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                                INDEX    NO.   150244/2017
FILED:      NEW           YORK     COUNTY       CLERK         01/09/2017      08:23      PM
NYSCEF   DOC.   NO.       1                                                                     RECEIVED     NYSCEF:    01/09/2017




                SUPREME COURT OF THE STATE OF NEW YORK
                COUNTY OF NEW YORK


                In the Matter of the Application of
                MICHELLE PEREPICZKA requiring                                          Index No.
                GOLDEN RENOVATIONS, INC,, Lienor,
                to show cause                                                          Filed:
                why the Notice of Lien should not
                be vacated and cancelled of record
                as prescribed by § 59 of the Lien Law.




                                     PETITION/ATTORNEY AFFIRMATION IN SUPPORT
                                              OF ORDER TO SHOW CAUSE

                JOSHUA BERNSTEIN, deposes and says under oath and penalty of perjury

                      1       I am an attorney at law duly admitted and a member in good standing before the

                              courts of the State of New York.

                              I am the principal of Josh Bernstein P.C., the law firm representing Petitioner

                              Michelle Perepiczka in this matter, and, as such, am familiar with the facts and

                              circumstances of this action.

                              Golden Renovations, Inc., filed a Mechanic’s Lien in the amount of ten thousand

                              five hundred ninety-eight dollars and forty-seven cents ($10,598.47) against

                              Block 1163, Lot 6, 267 W 71" Street, Apartment 3R, New York, NY10023,

                              owner Michelle Perepiczka on June 9, 2015. Notice of Lien annexed hereto as

                              Exhibit 1.

                              On June 9, 2016, Golden Renovations, Inc., filed a one-year extension of the

                              mechanic’s lien identified above.




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To date, Golden Renovations, Inc., has failed to commence an action to enforce

the mechanic’s lien identified above.

On June 16, 2015, Michelle Perepiczka deposited with the New York County

Clerk the amount of ten thousand six hundred thirty-five dollars and sixty-four

cents ($10,635.64) to discharge the above-identified lien pursuant to Lien Law §

20, which amount was accepted by the County Clerk and the lien notated as

discharged. County Clerk Receipt of June 16, 2015 annexed hereto as Exhibit 2.

On September 8, 2016, Lienor Golden Renovations, Inc., was personally served

with a Notice to Commence Action pursuant to Lien Law § 59 via service on the

N.Y.S. Secretary of State as duly-authorized agent of Golden Renovations, Inc.,

for service of process under Section 306 of the Business Corporation Law. Notice

to Commence Action and Affidavit of Service annexed hereto as Exhibit 3.

Golden Renovations, Inc., failed to commence an action to enforce its lien within

thirty (30) days of receipt of the Notice to Commence, and has failed to

commence such an action to date.

Prior to serving Golden Renovations, Inc. via N.Y.S. Secretary of State, attempts

were made to serve the Notice of Commencement on Golden Renovations, Inc.,

both at the address listed in the Notice of Lien, 1488 Deer Park Avenue # 282,

North Babylon, New York 11703, and at the address registered with the New

York Department of State Division of Corporations for Golden Renovations, Inc.,

1940 Deer Park Avenue #282, Deer Park, NY 11729. Both attempts were

unsuccessful because Golden Renovations, Inc. does not maintain an office or

P.O. Box at either address, which are both UPS stores, and has not authorized




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UPS or its personnel to accept service, documents, or mail on its behalf.

        Therefore, Golden Renovation, Inc.’s, Notice of Lien should be vacated and

        cancelled for the additional reason that Golden Renovations, Inc. used a fictitious

        address in the Notice of Lien. Process Service Activity Log annexed hereto as

        Exhibit 4.

    10. Accordingly, pursuant to Lien Law § 59, and the annexed Exhibits and Order to

        Show Cause, Respondent Golden Renovations, Inc., is required to show cause

        why said lien should not be vacated and cancelled, and the deposit made by

        Petitioner Michelle Perepiczka on June 16, 2015, be repaid to Petitioner by the

        County Clerk.




        For the foregoing reasons, Petitioner Michelle Perepiczka respectfully requests

   that your Honor issue an Order cancelling and vacating the above-identified lien, and

    directing the New York County Clerk to issue payment to Michelle Perepiczka in the

    amount of ten thousand six hundred thirty-five dollars and sixty-four cents

    ($10,635.64) plus interest, and issue whatever other and further relief the Court

    deems just and proper.



Dated: January 9, 2016                                           Josh Bernstein, P.C.
                                                                Counsel for Petitioner

                                                          By:
                                                                   fa Al       der Bernstein

                                                                   175 Varick Street
                                                                New York, NY    10014
                                                                    (646) 308-1515
                                                           jbernstein@jbernsteinpe.com




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