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FILED: NEW YORK COUNTY CLERK 04/25/2023 03:25 PM INDEX NO. 151261/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/25/2023
EXHIBIT H
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BOARD OF MANAGERS OF THE 610 PARK Index No. 151261/23
AVENUE CONDOMINIUM,
Plaintiff, NOTICE PURSUANT TO
CPLR 63215(aW4MI)
-against-
16EF APARTMENT, LLC, MARA ENTERPRISES,
DOE" DOE"
AND "JOHN No. 1 through "JOHN
No. 15, the true name of said defendants being
unknown to plaintiff, the parties intended to be
those persons having or claiming an interest in the
mortgaged premises described in the complaint
by virtue of being tenants, or occupants, or
judgment-creditors, or lienors of any type or
nature in all or part of said premises,
Defendants.
PLEASE TAKE NOTICE, that the Summons and Complaint with Notice of
Electronic Filing in this action were served on defendant 16EF Apartment, LLC by service
on the New York Secretary of State on February 17, 2023.
Yours, etc.,
Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP
April 20, 2023 Attorneys for Plaintiff
One Grand Central Place
42nd 16th
60 East Street, Floor
New York, New York 10165
(212) 867-4466
By:
Robert T. Holland, Esq.
TO: 16EF APARTMENT, LLC
610 Park Avenue, Apt. 16E
New York, NY 10065
RHOLLAND/11879.0009/4166067.1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BOARD OF MANAGERS OF THE 610 PARK index No. /23
AVENUE CONDOMINIUM,
Plaintiff, SUMMONS
-against-
Plaintiff designates
16EF APARTMENT, LLC, MARA New York County as the
DOE"
ENTERPRISES, AND "JOHN No. 1 Place of Trial.
DOE"
through "JOHN No. 15, the true name of
said defendants being unknown to plaintiff, the The basis of venue is:
parties intended to be those persons having or the liened property is
claiming an interest in the mortgaged premises located in New York County
described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or
lienors of any type or nature in all or part of said
premises,
Defendants.
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT
in this action and to serve a copy of your answer, or a notice of
appearance, on plaintiff's attorneys within twenty (20) days after the service of this
summons, exclusive of the day of service, or within thirty (30) days after the service is
complete if the summons is not personally delivered to you within the State of New
York; and in the case of your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
THIS IS AN ACTION TO FORECLOSE A LIEN ON REAL PROPERTY
LOCATED IN NEW YORK COUNTY.
Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP
February 7, 2023 Attorneys for Plaintiff
One Grand Central Place
42nd 16th
60 East Street, FlOOr
New York, New York 10165
(212) 867 66
By:
Robert T. Holland, Esq.
(Rule 130-1.1-a)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
BOARD OF MANAGERS OF THE 610 PARK IndexNo.
AVENUE CONDOMINIUM, /23
Plaintiff,
-against-
16EF APARTMENT, LLC, MARA
DOE"
ENTERPRISES, AND "JOHN No. 1
DOE"
through "JOHN No. 15, the true name of VERIFIED COMPLAINT
said defendants being unknown to plaintiff, the
parties intended to be those persons having or
claiming an interest in the mortgaged premises
described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or
lienors of any type or nature in all or part of said
premises,
Defendants.
Plaintiff, the Board of Managers of The 610 Park Avenue Condominium
("Plaintiff"), by its attorneys, Belkin Burden Goldman, LLP, for its complaint against
defendants alleges:
1. Plaintiff is a condominium Board of Managers acting on behalf of
all unit owners located at 610 Park Avenue, New York, New York.
2. Defendant 16EF Apartment, LLC ("16EF Apartment") is, upon
information and belief, a Delaware limited liability company authorized to do business
in the State of New York.
3. Defendant Mara Enterprises ("Mara Enterprises") is, upon
information and belief, a California stock corporation authorized to do business in the
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State of New York.
4. 16EF Apartment is the fee owner of residential unit PH16E (the
"Unit") in the premises known as The 610 Park Avenue Condominium and located at
610 Park Avenue, New York, New York (the "Condominium").
AS AND FOR A FIRST CAUSE OF ACTION
5. Plaintiff repeats and realleges each and every allegation
contained in paragraphs 1 through 4, as if fully set forth herein at length.
6. 16EF Apartment, as owner of the Unit, is liable for the common
charges of the Condominium with respect to the Unit.
to Article Section 6.2.1 of the Condominium's By-
7. Pursuant 6,
Laws (the "By-Laws"), common charges are payable in installments on the first day of
each month in advance, and Plaintiff has a lien against the Unit for unpaid common
charges and special assessments assessed against the Unit.
8. Pursuant to Article 6, Section 6.3 of the By-Laws, Plaintiff has the
right and obligation to file liens for unpaid common charges, and to institute any and
all other actions or proceedings deemed necessary or desirable by Plaintiff to recover
unpaid common charges. Any lien to recover a money judgment for unpaid common
charges can be maintained without foreclosing or waiving a lien for unpaid common
charges.
9. Pursuant to Article 6, Section 6.3.3 of the By-Laws, in the event a
unit owner fails to promptly pay common charges, the Plaintiff is entitled to charge the
delinquent unit owner a late charge of $.04 for each dollar of such amounts which
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remain unpaid for more than ten days from their due date, and the unit owner is
obligated to pay interest on the arrears at the rate of 1.5% per month from its due date.
10. On or about July 1, 2022, 16EF Apartment defaulted in its
obligation to pay common charges and assessments for the Unit owed pursuant to the
By-Laws.
11. On January 12, 2023, Plaintiff recorded against the Unit a
Continuing Lien for Unpaid Common Charges in the amount of $104,819.93 under
CRFN 2023000011231 with the Office of the City Register, New York County (the
"Lien").
12. Plaintiff has not been paid all the monthly common charges,
assessments, late charges and legal fees for the Unit due and payable on or about
July 1, 2022 and there have been recurring defaults in payments due thereafter.
13. The grace period for the payment of common charges,
assessments, late charges and interest has long since expired.
14. During the pendency of this action, Plaintiff, in order to protect its
lien, may be compelled to pay sums due on prior mortgages, insurance premiums, tax
assessments, water rates, sewer rates, and other expenses or charges affecting the
Unit and Plaintiff prays that any amount so paid and so extended by it during the
pendency of this action be added to its claim and repaid to it from the proceeds of the
sale of the Unit, together with interest thereon, from the date of making such
expenditures, so that the same may be added to, and secured by said lien.
15. Article 6, Section 6.3.3 of the By-Laws contains a provision
-3-
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attorneys'
entitling Plaintiff to recover fees incurred in the prosecution of this action.
16. 16EF Apartment is named as party defendant herein inasmuch as
it is the record owner of the Unit.
17. Mara Enterprises is named as party defendant herein inasmuch
as it is the mortgagee on a $3,000,000.00 mortgage dated February 14, 2020 and
recorded on March 3, 2020 in the Office of the City Register, New York County in CRFN
2020000082239, which mortgage, and related UCC1 Fixture filing, are subordinate to
the Lien.
Doe" Doe"
18. Defendants "John No. 1 through "John No. 15, the true
names of said defendants being unknown, are made party defendants herein to
exclude them from any right, title, lien or interest which they may have in the Unit by
virtue of any claim, lien, lease or right of occupancy which they may have in all or part
of the Unit.
19. The defendants, and each of them, have or claim to have some
interest, lien or liens upon the Unit, or some part thereof, which interest or lien, if any,
has accrued subsequent to the Lien or was, in express terms, made subject thereto.
20. Unless otherwise stated, upon information and belief, no
defendant is an infant, nor been judicially declared impaired or incompetent, nor has a
guardian ad litem been appointed for any defendant.
AS AND FOR A SECOND CAUSE OF ACTION
21. Plaintiff repeats and realleges each and every allegation
- 4 -
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contained in paragraphs 1 through 20, as if fully set forth herein at length.
22. 16EF Apartment defaulted in its obligation to pay common
charges and assessments for the Unit.
23. 16EF Apartment has failed and refused to comply with the terms
and conditions of the By-Laws by failing and refusing to pay to the Condominium
monthly assessments of Common Charges and Additional Common charges that
became due and payable for the Unit, and that sums remain unpaid and owing
although duly demanded.
24. In accordance with the By-Laws, the Condominium has imposed
on the Unit late charges and legal fees for the Unit arising from the failure by 16EF
Apartment to pay the monthly assessments of Common Charges and Additional
Common Charges due to the Condominium.
25. By reason of the foregoing, there is now due, and owing to the
Condominium from 16EF Apartment the sum of $118,778.95 as of February 2, 2023,
as well as additional Common Charges, Additional Common Charges, and late
charges and interest which will or may come due during the pendency of this action.
26. Plaintiff is entitled to a money judgment against 16EF Apartment
in the amount of $118,778.95 as of February 2, 2023, plus additional Common
Charges, Additional Common Charges, and late charges and interest which will or may
come due during the pendency of this action, in an amount to be determined at trial.
-5-
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AS AND FOR A THIRD CAUSE OF ACTION
27. Plaintiff repeats and realleges each and every allegation contained
in paragraphs 1 through 26, as if fully set forth herein at length.
28. In accordance with Article 6, Section 6.3.2 of the By-Laws, Plaintiff
attorneys'
is entitled to recover from 16EF Apartment the reasonable fees, together
with the costs and disbursements and additional allowance permitted by law incurred
in the prosecution of this action.
WHEREFORE, Plaintiff demands judgment on the first cause of action
as follows: that the defendants and each of them, and all persons claiming under them
or any of them claiming upon liens docketed as well as all persons or parties making
claims subsequent to the filing of the notices of pendency be barred and foreclosed of
and from all estate, right, title, interest, claim, lien and equity of redemption, of, in and
to the Unit and each and every part and parcels thereof; that the same premises may
be decreed to be sold according to law and subject to any state of facts and accurate
survey may show, the covenants, restrictions, reservations, easements and
agreements of record, if any, and to any violation thereof, to building restrictions and
zoning ordinances of the town or
Preview
FILED: NEW YORK COUNTY CLERK 04/25/2023 03:25 PM INDEX NO. 151261/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 04/25/2023 EXHIBIT H FILED: . ---... . NEW ....... YORK --.... COUNTY ,........ -----. CLERK 04/25/2023 . ., -..., ... - - 03:25 ... . . . PM .-., INDEX NO. 151261/2023 TSCEF NYSCEF DOC. DOC. NO. NO. 6 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/21/202 04/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE 610 PARK Index No. 151261/23 AVENUE CONDOMINIUM, Plaintiff, NOTICE PURSUANT TO CPLR 63215(aW4MI) -against- 16EF APARTMENT, LLC, MARA ENTERPRISES, DOE" DOE" AND "JOHN No. 1 through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the mortgaged premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. PLEASE TAKE NOTICE, that the Summons and Complaint with Notice of Electronic Filing in this action were served on defendant 16EF Apartment, LLC by service on the New York Secretary of State on February 17, 2023. Yours, etc., Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP April 20, 2023 Attorneys for Plaintiff One Grand Central Place 42nd 16th 60 East Street, Floor New York, New York 10165 (212) 867-4466 By: Robert T. Holland, Esq. TO: 16EF APARTMENT, LLC 610 Park Avenue, Apt. 16E New York, NY 10065 RHOLLAND/11879.0009/4166067.1 FILED: ....- . NEW ..-.. YORK - -.-. COUNTY ---...... CLERK --..--- 04/25/2023 --, --, -- -... 03:25 -- . - - PM --., INDEX NO. 151261/2023 TSCEF NYSCEF DOC. DOC. NO. NO. E 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/08/202 04/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE 610 PARK index No. /23 AVENUE CONDOMINIUM, Plaintiff, SUMMONS -against- Plaintiff designates 16EF APARTMENT, LLC, MARA New York County as the DOE" ENTERPRISES, AND "JOHN No. 1 Place of Trial. DOE" through "JOHN No. 15, the true name of said defendants being unknown to plaintiff, the The basis of venue is: parties intended to be those persons having or the liened property is claiming an interest in the mortgaged premises located in New York County described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT in this action and to serve a copy of your answer, or a notice of appearance, on plaintiff's attorneys within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after the service is complete if the summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. THIS IS AN ACTION TO FORECLOSE A LIEN ON REAL PROPERTY LOCATED IN NEW YORK COUNTY. Dated: New York, New York BELKIN BURDEN GOLDMAN, LLP February 7, 2023 Attorneys for Plaintiff One Grand Central Place 42nd 16th 60 East Street, FlOOr New York, New York 10165 (212) 867 66 By: Robert T. Holland, Esq. (Rule 130-1.1-a) FILED: ....--. NEW .,-.. YORK --.-. ---.,-- COUNTY ----. CLERK --,--,---- 04/25/2023 --.-- 03:25 PM -., INDEX NO. 151261/2023 YSCEF NYSCEF DOC. DOC. NO. 18 NO. E RECEIVED RECEIVED NYSCEF: NYSCEF: 02/08/202 04/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK BOARD OF MANAGERS OF THE 610 PARK IndexNo. AVENUE CONDOMINIUM, /23 Plaintiff, -against- 16EF APARTMENT, LLC, MARA DOE" ENTERPRISES, AND "JOHN No. 1 DOE" through "JOHN No. 15, the true name of VERIFIED COMPLAINT said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the mortgaged premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. Plaintiff, the Board of Managers of The 610 Park Avenue Condominium ("Plaintiff"), by its attorneys, Belkin Burden Goldman, LLP, for its complaint against defendants alleges: 1. Plaintiff is a condominium Board of Managers acting on behalf of all unit owners located at 610 Park Avenue, New York, New York. 2. Defendant 16EF Apartment, LLC ("16EF Apartment") is, upon information and belief, a Delaware limited liability company authorized to do business in the State of New York. 3. Defendant Mara Enterprises ("Mara Enterprises") is, upon information and belief, a California stock corporation authorized to do business in the FILED: . ---- . NEW ..-.. YORK ---- COUNTY -.,,..-- ---.- CLERK 04/25/2023 ,,-, --, ---., 03:25 --.... PM -, INDEX NO. 151261/2023 YSCEF NYSCEF DOC. DOC. NO. NO. E 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/08/202 04/25/2023 State of New York. 4. 16EF Apartment is the fee owner of residential unit PH16E (the "Unit") in the premises known as The 610 Park Avenue Condominium and located at 610 Park Avenue, New York, New York (the "Condominium"). AS AND FOR A FIRST CAUSE OF ACTION 5. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 4, as if fully set forth herein at length. 6. 16EF Apartment, as owner of the Unit, is liable for the common charges of the Condominium with respect to the Unit. to Article Section 6.2.1 of the Condominium's By- 7. Pursuant 6, Laws (the "By-Laws"), common charges are payable in installments on the first day of each month in advance, and Plaintiff has a lien against the Unit for unpaid common charges and special assessments assessed against the Unit. 8. Pursuant to Article 6, Section 6.3 of the By-Laws, Plaintiff has the right and obligation to file liens for unpaid common charges, and to institute any and all other actions or proceedings deemed necessary or desirable by Plaintiff to recover unpaid common charges. Any lien to recover a money judgment for unpaid common charges can be maintained without foreclosing or waiving a lien for unpaid common charges. 9. Pursuant to Article 6, Section 6.3.3 of the By-Laws, in the event a unit owner fails to promptly pay common charges, the Plaintiff is entitled to charge the delinquent unit owner a late charge of $.04 for each dollar of such amounts which FILED: ....-... NEW ..-.. YORK --.... COUNTY ---.... ----- CLERK 04/25/2023 --, --, ---... 03:25 --.-- PM --, INDEX NO. 151261/2023 YSCEF NYSCEF DOC. DOC. NO. NO. E 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 0a/08/202 04/25/2023 remain unpaid for more than ten days from their due date, and the unit owner is obligated to pay interest on the arrears at the rate of 1.5% per month from its due date. 10. On or about July 1, 2022, 16EF Apartment defaulted in its obligation to pay common charges and assessments for the Unit owed pursuant to the By-Laws. 11. On January 12, 2023, Plaintiff recorded against the Unit a Continuing Lien for Unpaid Common Charges in the amount of $104,819.93 under CRFN 2023000011231 with the Office of the City Register, New York County (the "Lien"). 12. Plaintiff has not been paid all the monthly common charges, assessments, late charges and legal fees for the Unit due and payable on or about July 1, 2022 and there have been recurring defaults in payments due thereafter. 13. The grace period for the payment of common charges, assessments, late charges and interest has long since expired. 14. During the pendency of this action, Plaintiff, in order to protect its lien, may be compelled to pay sums due on prior mortgages, insurance premiums, tax assessments, water rates, sewer rates, and other expenses or charges affecting the Unit and Plaintiff prays that any amount so paid and so extended by it during the pendency of this action be added to its claim and repaid to it from the proceeds of the sale of the Unit, together with interest thereon, from the date of making such expenditures, so that the same may be added to, and secured by said lien. 15. Article 6, Section 6.3.3 of the By-Laws contains a provision -3- FILED: . ...-... . NEW ..-.. YORK ---- COUNTY ,.......,-. --- CLERK 04/25/2023 --, --, ---., 03:25 --. -- PM -., INDEX NO. 151261/2023 TSCEF NYSCEF DOC. DOC. NO. NO. 6 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/08/202 04/25/2023 attorneys' entitling Plaintiff to recover fees incurred in the prosecution of this action. 16. 16EF Apartment is named as party defendant herein inasmuch as it is the record owner of the Unit. 17. Mara Enterprises is named as party defendant herein inasmuch as it is the mortgagee on a $3,000,000.00 mortgage dated February 14, 2020 and recorded on March 3, 2020 in the Office of the City Register, New York County in CRFN 2020000082239, which mortgage, and related UCC1 Fixture filing, are subordinate to the Lien. Doe" Doe" 18. Defendants "John No. 1 through "John No. 15, the true names of said defendants being unknown, are made party defendants herein to exclude them from any right, title, lien or interest which they may have in the Unit by virtue of any claim, lien, lease or right of occupancy which they may have in all or part of the Unit. 19. The defendants, and each of them, have or claim to have some interest, lien or liens upon the Unit, or some part thereof, which interest or lien, if any, has accrued subsequent to the Lien or was, in express terms, made subject thereto. 20. Unless otherwise stated, upon information and belief, no defendant is an infant, nor been judicially declared impaired or incompetent, nor has a guardian ad litem been appointed for any defendant. AS AND FOR A SECOND CAUSE OF ACTION 21. Plaintiff repeats and realleges each and every allegation - 4 - FILED: .----. NEW ..-.. YORK ---- COUNTY ---.... CLERK -......- --, --, ---- 04/25/2023 03:25 --.-- PM -, INDEX NO. 151261/2023 TSCEF NYSCEF NO. 18 DOC. NO. DOC. E RECEIVED RECEIVED NYSCEF: NYSCEF: 08/08/202 04/25/2023 contained in paragraphs 1 through 20, as if fully set forth herein at length. 22. 16EF Apartment defaulted in its obligation to pay common charges and assessments for the Unit. 23. 16EF Apartment has failed and refused to comply with the terms and conditions of the By-Laws by failing and refusing to pay to the Condominium monthly assessments of Common Charges and Additional Common charges that became due and payable for the Unit, and that sums remain unpaid and owing although duly demanded. 24. In accordance with the By-Laws, the Condominium has imposed on the Unit late charges and legal fees for the Unit arising from the failure by 16EF Apartment to pay the monthly assessments of Common Charges and Additional Common Charges due to the Condominium. 25. By reason of the foregoing, there is now due, and owing to the Condominium from 16EF Apartment the sum of $118,778.95 as of February 2, 2023, as well as additional Common Charges, Additional Common Charges, and late charges and interest which will or may come due during the pendency of this action. 26. Plaintiff is entitled to a money judgment against 16EF Apartment in the amount of $118,778.95 as of February 2, 2023, plus additional Common Charges, Additional Common Charges, and late charges and interest which will or may come due during the pendency of this action, in an amount to be determined at trial. -5- FILED: . ----. NEW YORK ---- COUNTY ---.... CLERK --.... --,--,---- 04/25/2023 03:25 --.-- PM INDEX NO. 151261/2023 ---.. -, TSCEF NYSCEF DOC. DOC. NO. NO. E 18 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/08/202 04/25/2023 AS AND FOR A THIRD CAUSE OF ACTION 27. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 26, as if fully set forth herein at length. 28. In accordance with Article 6, Section 6.3.2 of the By-Laws, Plaintiff attorneys' is entitled to recover from 16EF Apartment the reasonable fees, together with the costs and disbursements and additional allowance permitted by law incurred in the prosecution of this action. WHEREFORE, Plaintiff demands judgment on the first cause of action as follows: that the defendants and each of them, and all persons claiming under them or any of them claiming upon liens docketed as well as all persons or parties making claims subsequent to the filing of the notices of pendency be barred and foreclosed of and from all estate, right, title, interest, claim, lien and equity of redemption, of, in and to the Unit and each and every part and parcels thereof; that the same premises may be decreed to be sold according to law and subject to any state of facts and accurate survey may show, the covenants, restrictions, reservations, easements and agreements of record, if any, and to any violation thereof, to building restrictions and zoning ordinances of the town or