On December 17, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Netanel Holdings, Llc,
and
Abble Awning Co, Inc.,,
Gaad Orstein,
Sari Orstein,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS X
NETANEL HOLDINGS LLC, INDEX # 724526/2020
(formerly known as
PLAINTIFF, INDEX # 1988/2006)
AFFIRMATION OF
SHELDON FARBER
IN SUPPORT OF
MOTION TO VACATE
JUDGMENT 0RDERING
FORECLOSURE SALE OF
1018 BAY 24TH STREET
FAR ROCKAWAY, NY
BLOCK 15731 LOT 0074
-against-
SARI ORSTEIN, ABBLE AWNINGS CO. INC.,
GAAD ORSTEIN
DEFENDANTS.
X
SHELDON FARBER, an attorney duly admitted to practice in
the State of New York, affirms under the penalties of perjury as
follows:
1. I represent the defendant Sari Orstein and am familiar with
the facts. This is a foreclosure proceeding. I have previously
appeared in this action by submitting a motion opposing the
foreclosure.
2. The Court ruled in favor of the plaintiff and allowed the
foreclosure to go forward. (Exhibit ONE bearing Index #
1988/2006 is the judgment I am seeking to vacate).
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3. Based upon newly discovered evidence and facts, not
available in the public record or obtainable through tried and
standard professional legal searches, and in the interest of
justice, equity and fairness, as explained below, I respectfully
request that this Court issue a Temporary Restraining Order
restraining the Plaintiff from conducting a foreclosure sale
herein and also a judgment setting aside the attached judgment.
4. My request is based on CPLR 5015 a (3) which provides:
“CPLR 5015
Relief from judgment or order
(a) On motion. The court which rendered a judgment or order may
relieve a party from it upon such terms as may be just, on CEF
motion of any int erested person with such notice as the court
may direct, upon the ground of:
(3) fraud, misrepresentation, or other misconduct of an adverse
party;”
5. As indicated above in the Index # 1988/2006, this case has a
long history. (Note that another Index # 724526/2020 was
subsequently assigned to this case when it was converted to the
NYSCEF system, which was not available at the inception of these
proceedings.) My involvement is recent in the history of this
case.
6. I have practiced law for over 60 years and I specialize in
mortgage foreclosure defense. I interviewed Sari Orstein and
her husband Samuel Orstein and agreed to represent the defendant
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because there were legitimate grounds to do so. They both
claimed that the affidavit of service of the summons and
complaint was not true and that at the alleged time of service
Sari Orstein was mentally impaired and thus not a person who was
legally a defendant. These arguments were disregarded by the
Court, as is evident in the judgment, Exhibit ONE, because of
the fact that Sari Orstein initially defaulted in answering the
summons for many years and that she was certainly aware of the
proceeding through the considerable efforts of her husband to
contest the foreclosure. I filed a Notice of Appeal but did not
perfect the appeal for various good reasons including the
unstable mental state of Sari Orstein. She is now mentally
alert and fully lucid.
7. Because of my instinctive feelings about this case I made a
further effort, without compensation, to see if there was
anything that I might detect which showed fraud. Despite my
efforts there was nothing in the public records or other
typically available sources that revealed anything that I could
use to assist my client.
8. I discussed this this case with other lawyers and luckily in
January, 2023 I was put in touch with Robert Garrasi, a
non-lawyer, who is an outstanding researcher and expert in fraud
detection. He undertook to review this case and he concluded
that right from the start an outrageous fraud was perpetrated on
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023
this Court, and that in the interest of justice and equity the
judgment should be vacated.
9. I have reviewed his affidavit, exhibits and other materials
and I confirm that his submission is true and legally valid. I
incorporate it as if fully stated herein.
10. The Court of Appeals of the State of New York Woodson v.
Mendon Leasing, 100 N.Y.2d 62 (2003), 790 N.E.2d 1156, 760
N.Y.S.2d 727, in a case resting on CPLR 5015 a (3) as in the
instant case, announced clearly that “In addition to the grounds
set forth in section 5015 (a), a court may vacate its own
judgment for sufficient reason and in the interests of
substantial justice (see Ladd v Stevenson, 112 NY 325, 332
[1889];” The Woodson case ruled against the appellant but the
foregoing quote is clear law and is definitively applicable
herein.
11. Sari Orstein is undeniably an interested party and entitled
to relief from the prevalent fraud in the instant case. Please
note also that the Woodson case was argued 13 years after it
started (1990-2003). There is no Statute of Limitations for
relief based upon
CPLR a (3).
12. This Court has the power to eliminate a rank injustice.
13. As indicated above I have previously asked for similar
relief but herein I ask for the court to vacate the judgment
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based upon newly discovered grounds.
14. Based upon the facts and law, I respectfully request that
this Court issue a Temporary Restraining Order preventing any
foreclosure sale and further, based upon previously unknown and
undiscoverable facts, I request that this Court vacate the
Judgment.
DATED: MARCH 14, 2023
NEW YORK, NEW YORK
AFFIRMED
SHELDON FARBER
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023
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Document Filed Date
March 15, 2023
Case Filing Date
December 17, 2020
Category
Real Property - Mortgage Foreclosure - Residential
Status
Disposed-Court Date/Application Pending
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FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X NETANEL HOLDINGS LLC, INDEX # 724526/2020 (formerly known as PLAINTIFF, INDEX # 1988/2006) AFFIRMATION OF SHELDON FARBER IN SUPPORT OF MOTION TO VACATE JUDGMENT 0RDERING FORECLOSURE SALE OF 1018 BAY 24TH STREET FAR ROCKAWAY, NY BLOCK 15731 LOT 0074 -against- SARI ORSTEIN, ABBLE AWNINGS CO. INC., GAAD ORSTEIN DEFENDANTS. X SHELDON FARBER, an attorney duly admitted to practice in the State of New York, affirms under the penalties of perjury as follows: 1. I represent the defendant Sari Orstein and am familiar with the facts. This is a foreclosure proceeding. I have previously appeared in this action by submitting a motion opposing the foreclosure. 2. The Court ruled in favor of the plaintiff and allowed the foreclosure to go forward. (Exhibit ONE bearing Index # 1988/2006 is the judgment I am seeking to vacate). 1 of 6 FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 3. Based upon newly discovered evidence and facts, not available in the public record or obtainable through tried and standard professional legal searches, and in the interest of justice, equity and fairness, as explained below, I respectfully request that this Court issue a Temporary Restraining Order restraining the Plaintiff from conducting a foreclosure sale herein and also a judgment setting aside the attached judgment. 4. My request is based on CPLR 5015 a (3) which provides: “CPLR 5015 Relief from judgment or order (a) On motion. The court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on CEF motion of any int erested person with such notice as the court may direct, upon the ground of: (3) fraud, misrepresentation, or other misconduct of an adverse party;” 5. As indicated above in the Index # 1988/2006, this case has a long history. (Note that another Index # 724526/2020 was subsequently assigned to this case when it was converted to the NYSCEF system, which was not available at the inception of these proceedings.) My involvement is recent in the history of this case. 6. I have practiced law for over 60 years and I specialize in mortgage foreclosure defense. I interviewed Sari Orstein and her husband Samuel Orstein and agreed to represent the defendant 2 of 6 FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 because there were legitimate grounds to do so. They both claimed that the affidavit of service of the summons and complaint was not true and that at the alleged time of service Sari Orstein was mentally impaired and thus not a person who was legally a defendant. These arguments were disregarded by the Court, as is evident in the judgment, Exhibit ONE, because of the fact that Sari Orstein initially defaulted in answering the summons for many years and that she was certainly aware of the proceeding through the considerable efforts of her husband to contest the foreclosure. I filed a Notice of Appeal but did not perfect the appeal for various good reasons including the unstable mental state of Sari Orstein. She is now mentally alert and fully lucid. 7. Because of my instinctive feelings about this case I made a further effort, without compensation, to see if there was anything that I might detect which showed fraud. Despite my efforts there was nothing in the public records or other typically available sources that revealed anything that I could use to assist my client. 8. I discussed this this case with other lawyers and luckily in January, 2023 I was put in touch with Robert Garrasi, a non-lawyer, who is an outstanding researcher and expert in fraud detection. He undertook to review this case and he concluded that right from the start an outrageous fraud was perpetrated on 3 of 6 FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 this Court, and that in the interest of justice and equity the judgment should be vacated. 9. I have reviewed his affidavit, exhibits and other materials and I confirm that his submission is true and legally valid. I incorporate it as if fully stated herein. 10. The Court of Appeals of the State of New York Woodson v. Mendon Leasing, 100 N.Y.2d 62 (2003), 790 N.E.2d 1156, 760 N.Y.S.2d 727, in a case resting on CPLR 5015 a (3) as in the instant case, announced clearly that “In addition to the grounds set forth in section 5015 (a), a court may vacate its own judgment for sufficient reason and in the interests of substantial justice (see Ladd v Stevenson, 112 NY 325, 332 [1889];” The Woodson case ruled against the appellant but the foregoing quote is clear law and is definitively applicable herein. 11. Sari Orstein is undeniably an interested party and entitled to relief from the prevalent fraud in the instant case. Please note also that the Woodson case was argued 13 years after it started (1990-2003). There is no Statute of Limitations for relief based upon CPLR a (3). 12. This Court has the power to eliminate a rank injustice. 13. As indicated above I have previously asked for similar relief but herein I ask for the court to vacate the judgment 4 of 6 FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 based upon newly discovered grounds. 14. Based upon the facts and law, I respectfully request that this Court issue a Temporary Restraining Order preventing any foreclosure sale and further, based upon previously unknown and undiscoverable facts, I request that this Court vacate the Judgment. DATED: MARCH 14, 2023 NEW YORK, NEW YORK AFFIRMED SHELDON FARBER 5 of 6 FILED: QUEENS COUNTY CLERK 03/15/2023 04:12 PM INDEX NO. 724526/2020 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/15/2023 6 of 6