Motion,Ex Parte: Judy Kupferstein, Pinchus Kupferstein v. Jacob Sabel as Preliminary Executor of the Estate of Zoltan Sabel

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                                Present: Hon. __________________, Justice

                  SUPREME COURT OF THE STATE OF NEW YORK
                  COUNTY OF KINGS
                   JUDY KUPFERSTEIN and PINCHUS
                   KUPFERSTEIN,                                                Index No. 523297/2016

                                                    Plaintiffs,
                                                                                         JUDGMENT UPON DEFAULT
                                           -against-

                   JACOB SABEL, as Preliminary Executor of the
                   Estate of ZOLTAN SABEL,

                                                    Defendant.


                             On reading and filing the Notice of Motion, dated November 30, 2017, the

                    Summons and Complaint filed in this action on December 30, 2016; and the Affirmation of

                    Moshe Mortner, Esq., in support thereof, dated November 30, 2017; and the Affirmation

                    of Pinchus Kupferstein in support thereof, affirmed under penalty of perjury before a

                    Notary on November 30, 2017,

                           It appearing that to the satisfaction of this Court that the summons and complaint

                  herein were duly served on the defendant Jacob Sabel, as Preliminary Executor of the Estate of

                  Zoltan Sabel on January 25, 2017, and that more than thirty days have elapsed since the service

                  of the aforesaid summons and complaint upon the defendant, Jacob Sabel, as Preliminary

                  Executor of the Estate of Zoltan Sabel, and that the defendant has not answered, and the time

                  provided for by law in which the defendant was required to answer has expired, nor has the

                  time to answer of defendant Jacob Sabel, as Preliminary Executor of the Estate of Zoltan Sabel

                  been extended by the Court or by Stipulation, and defendant Jacob Sabel, as Preliminary

                  Executor of the Estate of Zoltan Sabel is now wholly in default; and
                           It appearing to the satisfaction of this Court that the plaintiffs have given due proof of

                  the facts and the circumstances whereby the plaintiffs are entitled to the relief requested; and

                             It appearing to the satisfaction of this Court from the aforesaid documents that

                    this action was brought to impress a constructive trust on the Subject Property; and

                             It appearing that the defendant is not an infant, incompetent or absentee; and that

                    the judgment in this action will not affect a person not in being or ascertained at the

                    commencement of this action, who by any contingency contained in a devise or grant or

                    otherwise could afterward become entitled to a beneficial estate or interest in the property

                    involved herein;

                           Now on motion of Plaintiffs Joy Kupferstein and Pinchus Kupferstein, it is hereby

                  Ordered, Adjudged and Decreed as follows:

                           Ordered, Adjudged and Decreed that that a trust is hereby impressed upon the real

                  property described in the complaint, commonly referred to, known and addressed as 1467 44th

                  Street – Unit 1, Brooklyn, New York, specifically described on the land and tax map of the City

                  of New York in the State of New York as Block: Block: 5506, Lot: 1101 (hereinafter referred to as

                  "the Subject Premises"), located and situate in the Borough of Kings, City and State of New

                  York; that the defendant as Preliminary Executor of the Estate of Zoltan Sabel be declared to be

                  trustees and to hold the legal title to the said real property in trust for the benefit of the

                  plaintiff; and it is

                           Ordered, Adjudged and Decreed that the defendant as Preliminary Executor of the

                  Estate of Zoltan Sabel shall forthwith execute a deed conveying to the plaintiffs legal title to

                  said real property as tenants in common; and it is


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                           Ordered, Adjudged and Decreed that the defendant be restrained by order and

                  injunction of this court from selling, mortgaging or otherwise encumbering or disposing of said

                  real property; and grant such other and further relief as to the Court seems just and proper.

                                                                                 Enter,



                                                                                 ____________________________, J.S.C.




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