Motion-Secondary: Joseph A. Morrone Jr., Phyllis Morrone v. Nancy Cucuzza

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                                INDEX   NO   85128/2016
FILED:      RICHMOND             COUNTY          CLERK         1270272016                03:40    PM"
NYSCEF   DOC.   NO.   4                                                                                  RECEIVED     NYSCEF     12/02/2016




                          SUPREME COURT OF THE STATE OF NEW YORK
                          COUNTY OF RICHMOND
                          anne nennnenenene nena               nnn nnennnennenennnnnnne! xX
                          JOSEPH A. MORRONE, JR. and PHYLLIS MORRONE,
                                                                      Petitioners,
                                                                                                 AFFIDAVIT IN SUPPORT
                                                  -against-

                          NANCY CUCUZZA,
                                                                      Respondent,
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                          STATE OF NEW YORK)
                                                       ) ss:
                          COUNTY OF                    )
                                PHYLLIS MORRONE., being duly sworn deposes and says:

                                        1         Tam the Petitioner in the above-captioned matter, and I am a

                          resident of Staten Island, N.Y.

                                        2.        I submit this Affidavit in Support of my Order to Show Cause for

                          an Order discharging, vacating and setting aside the UCC-1 Financing Statement filed

                          by the Respondent on July 17, 2016 upon my residence located at 110 Blyth Piace,

                           Staten Island, N.Y.

                                3       Title to the premises is vested in the name of Joseph A. Morrone and

                          Phyllis Morrone. A copy of the title report is annexed as Exhibit A.

                                4,        That on September 28, 2016, Joseph A. Morrone, Jr and I entered into a

                           Contract for the Sale of 110 Blyth Place, Staten Isiand, NY. A copy of the Contract of

                           Sale is annexed as Exhibit B.

                                 5        That the premises are being sold pursuant to a Judgment of Divorce and

                           Stipulation of Settlement. A copy of the Judgment of Divorce and relevant portion of

                           the Stipulation of Settlement is annexed as Exhibit C.




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6.         That the title search disclosed that the Respondent, NANCY CUCOZZA,

filed a UCC-1 Financing Statement on July 18, 2016 as against JOSEPH A.

MORRONE, and affecting the premises, 110 Blyth Place, Staten Island, NY. Exhibit D

     7          The Financing Statement affects the subject premises 110 Blyth Place,

Staten Island, N.Y. 10306, Block 4477, and Lot 49. That the effect of the Respondent

in filing the UCC-1 is the assertion that she is a secured party pursuant to a Financing

Agreement.

      8         That I have never executed any Financing Agreement granting the

Respondent a security interest in the subject premises.

      10.       That as a result of the fraudulent filing by Respondent of the UCC-1

against the property, the sale of the property may not close until the UCC-1 is vacated

and discharged.

      11.       The Purchasers’ mortgage commitment expires on December 21, 2016,

and in the event the sale does not close, the contract may be cancelled, and Joseph

Morrone and myself will sustain damages as we will lose the purchasers, and be

responsible for their costs pursuant the provision of the Contract of Sale.

          12.   J request that this Court issue an Order discharging, vacating and setting

aside the UCC-1 Financing Statement filed by the Respondent

          13.   No prior application for the relief requested herein has been made in this

or any other court.




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P.   LIS MORRONE

   Sworn to before me this22*!
        day of Noveraber, 2016

                    sles
   NOFAR           FS




     FRANCISCO GONZALEZ
  Notary Public, State of New York
         No, 02G06252352
    Qualified in Nassau County
Commission Expires Dec. 05, 2 alg




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