Preview
(FILED: KINGS COUNTY CLERK 0171072017 05:53 AM INDEX NO. 523310/2016
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/10/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 523310-2016
Seven 8" Street Corp. & Steven Gentile :
Plaintiffs,
Amended Verified
Complaint
-against-
Green Box LLC, John B. Sclafani, & Jimmy Lee,
and their spouses, if any, whose names are unknown to plaintiffs, if
said above-named defendants be living, and if any of said defendants
be dead, then any and all other persons who may claim as heirs-at-law,
next-of-kin, devisees, distributees, legal representatives, and successors
in interest of said defendants, their spouses, creditors, mortgagees,
lienors, assigns and legal representatives of them and the successors in
interest of said heirs-at-law, next-of-kin, devisees, distributees and legal
representatives, their spouses, creditors, mortgagees, lienors, assignees
and legal representatives of them and, if any specifically named
defendant or any defendants named as a class be dead, then their heirs-
at-law, next-of-kin, devisees, grantees, distributees, spouses, widows,
widowers, executors, trustees, administrators, assigns, mortgages,
lienors and successors in interest and, generally, all parties having or
claiming to have an interest in or lien upon the premises described in
the complaint, or any amendment thereto by, through or under any of
said specifically named defendants herein or by, through or under any
of the other defendants herein named specifically or as a class, all of
whom and whose places of residence are unknown to the plaintiff and
cannot after diligent inquiry be ascertained, et al,
Defendants.
The plaintiffs, by their attorney, Adeshola Adeyemo, Esq., complaining of the
defendants, alleges as follows:
1. That at all the times hereinafter mentioned, Plaintiff, Seven 8th Street Corp, is a
domestic business corporation incorporated under the Laws of the State of New York,
with an address at 601 Parkside Blvd., Massapequa, NY 11758. See Exhibit 1.
2. That at all the times hereinafter mentioned, plaintiff, Steven Gentile, is a resident of
the City of Massapequa and State of New York, residing at 601 Parkside Blvd.,
Massapequa, NY 11758.
3. That defendant, Green Box LLC, is a corporate entity with an address at 1056 Colgate
Avenue, Bonx, NY 10472.
Ot 84. That defendant, Jimmy Lee is a principal officer of Green Box LLC, with an address at
1056 Colgate Avenue, Bonx, NY 10472.
5. That on or about the 6"" day of June 2016, Plaintiff Seven 8th Street Corp. herein
acquired by deed from Defendant John B. Sclafani, as distribute and sole heir at law of
Rosalie Sclafani Sciascia, Josephine Sciascia and Giovanni Sciascia, title to the premises
known as, and located at 1638 78" Street, Brooklyn, New York 11214, and designated on
the Tax Map of the State of New York, County of Kings as Block 06259 Lot 22. See
Exhibit 2.
6. That upon information and belief, said transfer of the subject premises to Plaintiffs
from Defendant John B. Sclafani, was the last transaction Plaintiffs had knowledge of, or
were involved up till present date.
6. That upon information and belief, on or about November 14, 2016, Defendant Jimmy
Lee, as principal officer of Defendant Green Box LLC., fraudulently caused the title to
subject premises known as, and located at 1638 78" Street, Brooklyn, New York 11214,
and designated on the Tax Map of the State of New York, County of Kings as Block
06259 Lot 22, to be transferred to Defendant Green Box LLC without the knowledge
and/or consent of Plaintiffs. Said deed was recorded in the Office of the City Register of
the City of New York in CFRN2016000449650 on December 20, 2016. See Exhibit 3.
8. That said transfer was done without and consideration whatsoever paid to Plaintiff.
9. That on November 14, 2016, Plaintiff Steven Gentile did not execute any transfer
documents to Defendant Green Box LLC.
10. That Defendants Green Box LLC and Jimmy Lee stole the Plaintiffs’ property
contrary to the Home Equity Theft Prevention Act of 2007. Defendants Green Box LLC
and Jimmy Lee’s action was and is illegal and fraudulent.
11. That on November 14, when the transfer was done, Plaintiff Steven Gentile had no
contact with the defendants and we certainly not present wherever the transaction took
place on said date.
12. That Defendants Green Box LLC and Jimmy Lee knowingly, willfully and in bad
faith recorded a deed in Defendants Green Box LLC name, for a property it did not
purchase, and which was transferred to it by fraud.
13. That a fraudulent deed conveys no title and is void as a matter of law
14. That Plaintiffs have no other adequate remedy besides the revocation of the deed, and
removal of all liens and encumbrances placed on the subject premises, if any, by
Defendants Green Box LLC and Jimmy Lee.
2 of 815. That the legal interest and title to the subject premises obtained from Defendant John
B. Sclafani on June 6, 2016, be declared valid and subsisting.
WHEREFORE, Plaintiffs, Seven 8th Street Corp. & Steven Gentile, respectfully
demand judgment against Defendants Green Box LLC, John B. Sclafani, & Jimmy Lee,
as follows:
iii.
A judgment declaring the deed dated November 14, 2016, recorded in the Office
of the recorded in the Office of the City Register of the City of New York in
CFRN2016000449650 on December 20, 2016, void and invalid and that the Clerk
of the County of Kings be directed to enter an Order in their books canceling said
deed of record;
A judgment against Defendants Green Box LLC, &Jimmy Lee for all of the costs
and expenses of this proceeding, including attorney’s fees;
Punitive damages in the sum of $250,000.00 against Green Box LLC., and Jimmy
Lee.
That Plaintiff Seven 8"" Street Corp. be deemed seized of the subject premises in
fee simple absolute, free and clear of any claim of defendants Green Box LLC,
Jimmy Lee, John B. Sclafani , “John Doe” and “Jane Doe”, their respective
successors, assigns, distributes, heirs-at-law, next of kin and legal representatives,
having or claiming an interest in or lien upon the premises described in this
Complaint.
Such other, further, and different relief as this Court deems just and proper.
3 of 8Dated: January 5, 2017
Jamaica, New York Yours, etc
orney for plaintiffs
0-79 Sutphin Blvd., Suite 200
Jamaica, NY 11435
(718) 635-1007
To:
Green Box LLC
1056 Colgate Avenue
Bronx, NY 10472
John B. Sclafani
Address Unknown
Jimmy Lee
1056 Colgate Avenue
Bronx, NY 10472
4 of 8SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 523310-2016
x
Seven 8" Street Corp. & Steven Gentile
Plaintiffs,
VERIFICATION
-against-
Green Box LLC, John B. Sclafani, & Jimmy Lee,
and their spouses, if any, whose names are unknown to plaintiffs, if said above-
named defendants be living, and if any of said defendants be dead, then any and
all other persons who may claim as heirs-at-law, next-of-kin, devisees,
distributes, legal representatives, and successors in interest of said defendants,
their spouses, creditors, mortgagees, lienors, assigns and legal representatives of
them and the successors in interest of said heirs-at-law, next-of-kin, devisees,
distributees and legal representatives, their spouses, creditors, mortgagees,
lienors, assignees and legal representatives of them and, if any specifically
named defendant or any defendants named as a class be dead, then their heirs-at-
law, next-of-kin, devisees, grantees, distributees, spouses, widows, widowers,
executors, trustees, administrators, assigns, mortgages, lienors and successors
in interest and, generally, all parties having or claiming to have an interest in or
lien upon the premises described in the complaint, or any amendment thereto by,
through or under any of said specifically named defendants herein or! by,
through or under any of the other defendants herein named specifically or as a
class, all of whom and whose places of residence are unknown to the plaintiff
and cannot after diligent inquiry be ascertained, et al,
Defendants.
“STATEOF A! )
COUNTY OF Nessad ) Ss.:
Steven Gentile, being duly sworn, deposes and says that he is a Plaintiff in the
above entitled action; that he has read the foregoing Amended Complaint and the
contents thereof; that the same is true of his own knowledge, except as to matters
which are therein stated to be alleged upon information and belief, and that as to those
matters, he believes them to be true.
BEL
level
DATED:
Sworn to before me this © day of
January 2017.
5 of 8SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX NO.: 523310-2016
x
Seven 8" Street Corp. & Steven Gentile
Plaintiffs,
VERIFICATION
-against-
Green Box LLC, John B. Sclafani, & Jimmy Lee,
and their spouses, if any, whose names are unknown to plaintiffs, if said above-
named defendants be living, and if any of said defendants be dead, then any and
all other persons who may claim as heirs-at-law, next-of-kin, devisees,
distributees, legal representatives, and successors in interest of said defendants,
their spouses, creditors, mortgagees, lienors, assigns and legal representatives of
them and the successors in interest of said heirs-at-law, next-of-kin, devisees,
distributees and legal representatives, their spouses, creditors, mortgagees,
fienors, assignees and legal representatives of them and, if any specifically
named defendant or any defendants named as a class be dead, then their heirs-at-
law, next-of-kin, devisees, grantees, distributes, spouses, widows, widowers,
executors, trustees, administrators, assigns, mortgagees, lienors and successors
in interest and, generally, all parties having or claiming to have an interest in or
lien upon the premises described in the complaint, or any amendment thereto by,
through or under any of said specifically named defendants herein or by,
through or under any of the other defendants herein named specifically or as a
class, all of whom and whose places of residence are unknown to the plaintiff
and cannot after diligent inquiry be ascertained, et al,
Defendants.
STATEOF WY )
COUNTY OF N
Preview
(FILED: KINGS COUNTY CLERK 0171072017 05:53 AM INDEX NO. 523310/2016 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/10/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 523310-2016 Seven 8" Street Corp. & Steven Gentile : Plaintiffs, Amended Verified Complaint -against- Green Box LLC, John B. Sclafani, & Jimmy Lee, and their spouses, if any, whose names are unknown to plaintiffs, if said above-named defendants be living, and if any of said defendants be dead, then any and all other persons who may claim as heirs-at-law, next-of-kin, devisees, distributees, legal representatives, and successors in interest of said defendants, their spouses, creditors, mortgagees, lienors, assigns and legal representatives of them and the successors in interest of said heirs-at-law, next-of-kin, devisees, distributees and legal representatives, their spouses, creditors, mortgagees, lienors, assignees and legal representatives of them and, if any specifically named defendant or any defendants named as a class be dead, then their heirs- at-law, next-of-kin, devisees, grantees, distributees, spouses, widows, widowers, executors, trustees, administrators, assigns, mortgages, lienors and successors in interest and, generally, all parties having or claiming to have an interest in or lien upon the premises described in the complaint, or any amendment thereto by, through or under any of said specifically named defendants herein or by, through or under any of the other defendants herein named specifically or as a class, all of whom and whose places of residence are unknown to the plaintiff and cannot after diligent inquiry be ascertained, et al, Defendants. The plaintiffs, by their attorney, Adeshola Adeyemo, Esq., complaining of the defendants, alleges as follows: 1. That at all the times hereinafter mentioned, Plaintiff, Seven 8th Street Corp, is a domestic business corporation incorporated under the Laws of the State of New York, with an address at 601 Parkside Blvd., Massapequa, NY 11758. See Exhibit 1. 2. That at all the times hereinafter mentioned, plaintiff, Steven Gentile, is a resident of the City of Massapequa and State of New York, residing at 601 Parkside Blvd., Massapequa, NY 11758. 3. That defendant, Green Box LLC, is a corporate entity with an address at 1056 Colgate Avenue, Bonx, NY 10472. Ot 84. That defendant, Jimmy Lee is a principal officer of Green Box LLC, with an address at 1056 Colgate Avenue, Bonx, NY 10472. 5. That on or about the 6"" day of June 2016, Plaintiff Seven 8th Street Corp. herein acquired by deed from Defendant John B. Sclafani, as distribute and sole heir at law of Rosalie Sclafani Sciascia, Josephine Sciascia and Giovanni Sciascia, title to the premises known as, and located at 1638 78" Street, Brooklyn, New York 11214, and designated on the Tax Map of the State of New York, County of Kings as Block 06259 Lot 22. See Exhibit 2. 6. That upon information and belief, said transfer of the subject premises to Plaintiffs from Defendant John B. Sclafani, was the last transaction Plaintiffs had knowledge of, or were involved up till present date. 6. That upon information and belief, on or about November 14, 2016, Defendant Jimmy Lee, as principal officer of Defendant Green Box LLC., fraudulently caused the title to subject premises known as, and located at 1638 78" Street, Brooklyn, New York 11214, and designated on the Tax Map of the State of New York, County of Kings as Block 06259 Lot 22, to be transferred to Defendant Green Box LLC without the knowledge and/or consent of Plaintiffs. Said deed was recorded in the Office of the City Register of the City of New York in CFRN2016000449650 on December 20, 2016. See Exhibit 3. 8. That said transfer was done without and consideration whatsoever paid to Plaintiff. 9. That on November 14, 2016, Plaintiff Steven Gentile did not execute any transfer documents to Defendant Green Box LLC. 10. That Defendants Green Box LLC and Jimmy Lee stole the Plaintiffs’ property contrary to the Home Equity Theft Prevention Act of 2007. Defendants Green Box LLC and Jimmy Lee’s action was and is illegal and fraudulent. 11. That on November 14, when the transfer was done, Plaintiff Steven Gentile had no contact with the defendants and we certainly not present wherever the transaction took place on said date. 12. That Defendants Green Box LLC and Jimmy Lee knowingly, willfully and in bad faith recorded a deed in Defendants Green Box LLC name, for a property it did not purchase, and which was transferred to it by fraud. 13. That a fraudulent deed conveys no title and is void as a matter of law 14. That Plaintiffs have no other adequate remedy besides the revocation of the deed, and removal of all liens and encumbrances placed on the subject premises, if any, by Defendants Green Box LLC and Jimmy Lee. 2 of 815. That the legal interest and title to the subject premises obtained from Defendant John B. Sclafani on June 6, 2016, be declared valid and subsisting. WHEREFORE, Plaintiffs, Seven 8th Street Corp. & Steven Gentile, respectfully demand judgment against Defendants Green Box LLC, John B. Sclafani, & Jimmy Lee, as follows: iii. A judgment declaring the deed dated November 14, 2016, recorded in the Office of the recorded in the Office of the City Register of the City of New York in CFRN2016000449650 on December 20, 2016, void and invalid and that the Clerk of the County of Kings be directed to enter an Order in their books canceling said deed of record; A judgment against Defendants Green Box LLC, &Jimmy Lee for all of the costs and expenses of this proceeding, including attorney’s fees; Punitive damages in the sum of $250,000.00 against Green Box LLC., and Jimmy Lee. That Plaintiff Seven 8"" Street Corp. be deemed seized of the subject premises in fee simple absolute, free and clear of any claim of defendants Green Box LLC, Jimmy Lee, John B. Sclafani , “John Doe” and “Jane Doe”, their respective successors, assigns, distributes, heirs-at-law, next of kin and legal representatives, having or claiming an interest in or lien upon the premises described in this Complaint. Such other, further, and different relief as this Court deems just and proper. 3 of 8Dated: January 5, 2017 Jamaica, New York Yours, etc orney for plaintiffs 0-79 Sutphin Blvd., Suite 200 Jamaica, NY 11435 (718) 635-1007 To: Green Box LLC 1056 Colgate Avenue Bronx, NY 10472 John B. Sclafani Address Unknown Jimmy Lee 1056 Colgate Avenue Bronx, NY 10472 4 of 8SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 523310-2016 x Seven 8" Street Corp. & Steven Gentile Plaintiffs, VERIFICATION -against- Green Box LLC, John B. Sclafani, & Jimmy Lee, and their spouses, if any, whose names are unknown to plaintiffs, if said above- named defendants be living, and if any of said defendants be dead, then any and all other persons who may claim as heirs-at-law, next-of-kin, devisees, distributes, legal representatives, and successors in interest of said defendants, their spouses, creditors, mortgagees, lienors, assigns and legal representatives of them and the successors in interest of said heirs-at-law, next-of-kin, devisees, distributees and legal representatives, their spouses, creditors, mortgagees, lienors, assignees and legal representatives of them and, if any specifically named defendant or any defendants named as a class be dead, then their heirs-at- law, next-of-kin, devisees, grantees, distributees, spouses, widows, widowers, executors, trustees, administrators, assigns, mortgages, lienors and successors in interest and, generally, all parties having or claiming to have an interest in or lien upon the premises described in the complaint, or any amendment thereto by, through or under any of said specifically named defendants herein or! by, through or under any of the other defendants herein named specifically or as a class, all of whom and whose places of residence are unknown to the plaintiff and cannot after diligent inquiry be ascertained, et al, Defendants. “STATEOF A! ) COUNTY OF Nessad ) Ss.: Steven Gentile, being duly sworn, deposes and says that he is a Plaintiff in the above entitled action; that he has read the foregoing Amended Complaint and the contents thereof; that the same is true of his own knowledge, except as to matters which are therein stated to be alleged upon information and belief, and that as to those matters, he believes them to be true. BEL level DATED: Sworn to before me this © day of January 2017. 5 of 8SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.: 523310-2016 x Seven 8" Street Corp. & Steven Gentile Plaintiffs, VERIFICATION -against- Green Box LLC, John B. Sclafani, & Jimmy Lee, and their spouses, if any, whose names are unknown to plaintiffs, if said above- named defendants be living, and if any of said defendants be dead, then any and all other persons who may claim as heirs-at-law, next-of-kin, devisees, distributees, legal representatives, and successors in interest of said defendants, their spouses, creditors, mortgagees, lienors, assigns and legal representatives of them and the successors in interest of said heirs-at-law, next-of-kin, devisees, distributees and legal representatives, their spouses, creditors, mortgagees, fienors, assignees and legal representatives of them and, if any specifically named defendant or any defendants named as a class be dead, then their heirs-at- law, next-of-kin, devisees, grantees, distributes, spouses, widows, widowers, executors, trustees, administrators, assigns, mortgagees, lienors and successors in interest and, generally, all parties having or claiming to have an interest in or lien upon the premises described in the complaint, or any amendment thereto by, through or under any of said specifically named defendants herein or by, through or under any of the other defendants herein named specifically or as a class, all of whom and whose places of residence are unknown to the plaintiff and cannot after diligent inquiry be ascertained, et al, Defendants. STATEOF WY ) COUNTY OF N