On November 16, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Shameem Chowdhury,
and
Alicia A Bourne
A K A Alicia Bourne,
Gemel Cunningham,
Nationstar Mortgage Llc,
Robertson, Auschutz, Schneid, Crane & Partners, Pllc,
for Real Property - Other (Contract Specific Perform)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
EXHIBIT J
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------X
NATIONSTAR MORTGAGE LLC Index No.: 508668/2015
Plaintiffs, AFFIDAVIT IN REPLY TO
PLAINTIFFS OPPOSITION
-against- MOTION #6
ALICIA A. BOURNE et al Borough: Brooklyn
Block: 3994
Defendants. Lot: 28
----------------------------------------------------------------------X
SHAMEEM CHOWDHURY, being sworn, states as follows:
1) I, am the 3rd party purchaser and winning bidder in the foreclosure auction sale
dated April 11, 2019 as per Terms of the Sale.
2) I make this reply to plaintiffs affirmation in opposiotion to my Order to Show
Cause – motion #6, (Nyscef Doc # 164) – Filed on October 18, 2022
3) Plaintiff attorney used "Snediker" many time in this opposition but it is clear that
plaintiff understood Shameem Chowdhury is the purchaser and he individually signed the
Terms of the Sale without a representation of a corporation "SNEDIKER ".
*For that reason plaintiff WAS UNABLE TO OPPOSE CHOWDHURY AS A
PURCHASER WHERE AS CHOWDHURY STRONGLY BROUGHT INTO
ATTENTION IN HIS SHOW CAUSE THAT CHOWDHURY IS THE
PURCHASER.
4) **Note: Purchaser immediately hired attorney Morris Fateha after the
order May 2021 and he submitted Notice of Appeal, but Appellate Court didn't
allow Chowdhury to perfect the appeal because order to show cause was brought
against “Snediker” - (Chowdhury was not a party on plaintiff show cause)
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
5) Plaintiff attorney mentioned „Snediker” executed terms of sale which is not true
as per Terms of Sale. The Purchaser is Shameem Chowdhury as stated on the Terms of
Sale.
6) Plaintiffs delayed to clear title but blamed purchaser, that purchaser failed to close
before 2/13/2020.
7) On 1/22/2021 plaintiff filed Order to Show Cause instead of regular motion
against “Snediker Inc.” instead of the purchaser Shameem Chowdhury.
8) Plaintiff didn‟t serve any notice to Shameem Chowdhury.
9) On the date of appearance for Platiinffs Order to Show Cause – Motion #4
Chowdhury received a phone call from plaintiff attorney and he told he is in front of
Judge for hearing.
10) Chowdhury, “said he has no knowledge of this Court date he asked court for an
adjournment to hire an attorney. Court denied to adjourn and ordered without a hearing.
11) Chowdhury hired attorney Morris Fateha to file an appeal but since the order to
show cause of plaintiff was against “Snediker Inc.” and Notice of Appeal was from
Shameem Chowdhury, Appeallate Court denied to perfect the appeal from Shameem
Chowdhury.
12) Attorney Morris Fateha took time to file first order to show cause by Shameem
Chowdhury.
13) The court misunderstood about the real purchaser Chowdhury but assumed
“Snediker” is the purchaser and Court denied the show cause filed by attorney Morris
Fateha for Shameem Chowdhury.
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
14) Plaintiffs attorney again and again blaming and arguing against „Snediker” in the
opposition of this show cause, but plaintiff attorney forgot that “Snediker” is not the
purchaser as per Terms of sale.
15) Therefore all such arguments from plaintiff attorney are worthless.
16) My signed Order to Show Cause – Motion #6 was served as per court order on
time, via overnight. See attached Affidavit of Service and mailing receipt.
17) Plaintiff attorney used unnecessary argument of Affidavit of Service since there is
no real facts to attack purchaser Shameem Chowdhury.
18) The repeat of SNEDIKER again and again by plaintiff attorney are unnecessary
since “Snediker” is not a purchaser or a party in this matter.
19) Plaintiff induced fraud to defeat or get default Judgment against Chowdhury.
A) Using “Snediker” an assumed purchaser instead of real purchaser Shameem
Chowdhury as per Terms of Sale.
B) Plaintiff brought order to show cause instead of a motion.
C) Plaintiff attorney didn‟t serve any notice to Shameem Chowdhury about their
Order to Show Cause or any court date to get default judgment against assumed
purchaser “Snediker” instead of real party and purchaser Shameem Chowdhury
20) Plaintiff used above tricks to misguide the court, harass purchaser Shameem
Chowdhury and obtain down-payment deposited by Shameem Chowdhury as per Terms
of Sale.
21) As per information, Plaintiff attorney is not doing business representing Ras
Boriskin since the last day of last year but used that law firm which is not in business at
the time to file order to show cause against “SNEDIKER”. But,
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
On 11/292021 new law firm of plaintiff attorney filed Notice of Appearance to legalize
and to represent which a question of professional conduct.
WHEREFORE, based on above all grounds, Chowdhury humbly and
respectfully request to the court to grant the show cause of the purchaser Shameem
Chowdhury for fair justice. And let the court order to transfer the deed of subject property
to purchaser Shameem Chowdhury as per Terms of sale. And further relief as court
deems proper.
Dated: Brooklyn, New York
October 19, 2022
--
Shameem Chowdhury
Sworn to efo me this Ó
Day of , , 2022
tary ublic
JOSEPHINE BOURNE
Public, State of New York
Notary
No. 04B06 5374
Qualified in Cou
Commission Expires
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023
SUPREME COURT OF THE STATE ŒF NEW YORK
COUNTY OF KINGS
___________________------___________________________________________Ç
NATIONSTAR MORTGAGE LLC Index No.: 508668/201ff
Plaintiffs, AFFIDAVIT OF SERVICE
-against-
ALICIA A. BOURNE et al Borough: Brooklyn
Block: 3994
Defendants. Lot: 28
---------------_______________________________________________________Ç
Tafheem Chowdhury, being duly sworn, deposes and says:
1. Deponent is not a party to this action, is over 18 years of age, and reside in Kings
New York.
2. On 10/19/2022, I served a true and correct copy of Reply to Plaintiff opposition to
Motion #6, in the above captioned proceeding by regular first class mail with certificate of
mailing by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in
an official depository under the exclusive care and custody of the United States Postal Service
within the State of New York, addressed to the Persons indicated below:
Robertson, Auschutz, Schneid, Crane & Partners, PLLC
Attorneys for the Plaintiffs
900 Merchant Concourse
Westbury, New York 11590
Sworn to before me this D
otary ublic
JOSEPHINE BOURNE
Public, State of New York
Notary
No. 04B06 5374
Qualified in s Coun
Commission Expires
Document Filed Date
August 01, 2023
Case Filing Date
November 16, 2022
Category
Real Property - Other (Contract Specific Perform)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 EXHIBIT J FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X NATIONSTAR MORTGAGE LLC Index No.: 508668/2015 Plaintiffs, AFFIDAVIT IN REPLY TO PLAINTIFFS OPPOSITION -against- MOTION #6 ALICIA A. BOURNE et al Borough: Brooklyn Block: 3994 Defendants. Lot: 28 ----------------------------------------------------------------------X SHAMEEM CHOWDHURY, being sworn, states as follows: 1) I, am the 3rd party purchaser and winning bidder in the foreclosure auction sale dated April 11, 2019 as per Terms of the Sale. 2) I make this reply to plaintiffs affirmation in opposiotion to my Order to Show Cause – motion #6, (Nyscef Doc # 164) – Filed on October 18, 2022 3) Plaintiff attorney used "Snediker" many time in this opposition but it is clear that plaintiff understood Shameem Chowdhury is the purchaser and he individually signed the Terms of the Sale without a representation of a corporation "SNEDIKER ". *For that reason plaintiff WAS UNABLE TO OPPOSE CHOWDHURY AS A PURCHASER WHERE AS CHOWDHURY STRONGLY BROUGHT INTO ATTENTION IN HIS SHOW CAUSE THAT CHOWDHURY IS THE PURCHASER. 4) **Note: Purchaser immediately hired attorney Morris Fateha after the order May 2021 and he submitted Notice of Appeal, but Appellate Court didn't allow Chowdhury to perfect the appeal because order to show cause was brought against “Snediker” - (Chowdhury was not a party on plaintiff show cause) FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 5) Plaintiff attorney mentioned „Snediker” executed terms of sale which is not true as per Terms of Sale. The Purchaser is Shameem Chowdhury as stated on the Terms of Sale. 6) Plaintiffs delayed to clear title but blamed purchaser, that purchaser failed to close before 2/13/2020. 7) On 1/22/2021 plaintiff filed Order to Show Cause instead of regular motion against “Snediker Inc.” instead of the purchaser Shameem Chowdhury. 8) Plaintiff didn‟t serve any notice to Shameem Chowdhury. 9) On the date of appearance for Platiinffs Order to Show Cause – Motion #4 Chowdhury received a phone call from plaintiff attorney and he told he is in front of Judge for hearing. 10) Chowdhury, “said he has no knowledge of this Court date he asked court for an adjournment to hire an attorney. Court denied to adjourn and ordered without a hearing. 11) Chowdhury hired attorney Morris Fateha to file an appeal but since the order to show cause of plaintiff was against “Snediker Inc.” and Notice of Appeal was from Shameem Chowdhury, Appeallate Court denied to perfect the appeal from Shameem Chowdhury. 12) Attorney Morris Fateha took time to file first order to show cause by Shameem Chowdhury. 13) The court misunderstood about the real purchaser Chowdhury but assumed “Snediker” is the purchaser and Court denied the show cause filed by attorney Morris Fateha for Shameem Chowdhury. FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 14) Plaintiffs attorney again and again blaming and arguing against „Snediker” in the opposition of this show cause, but plaintiff attorney forgot that “Snediker” is not the purchaser as per Terms of sale. 15) Therefore all such arguments from plaintiff attorney are worthless. 16) My signed Order to Show Cause – Motion #6 was served as per court order on time, via overnight. See attached Affidavit of Service and mailing receipt. 17) Plaintiff attorney used unnecessary argument of Affidavit of Service since there is no real facts to attack purchaser Shameem Chowdhury. 18) The repeat of SNEDIKER again and again by plaintiff attorney are unnecessary since “Snediker” is not a purchaser or a party in this matter. 19) Plaintiff induced fraud to defeat or get default Judgment against Chowdhury. A) Using “Snediker” an assumed purchaser instead of real purchaser Shameem Chowdhury as per Terms of Sale. B) Plaintiff brought order to show cause instead of a motion. C) Plaintiff attorney didn‟t serve any notice to Shameem Chowdhury about their Order to Show Cause or any court date to get default judgment against assumed purchaser “Snediker” instead of real party and purchaser Shameem Chowdhury 20) Plaintiff used above tricks to misguide the court, harass purchaser Shameem Chowdhury and obtain down-payment deposited by Shameem Chowdhury as per Terms of Sale. 21) As per information, Plaintiff attorney is not doing business representing Ras Boriskin since the last day of last year but used that law firm which is not in business at the time to file order to show cause against “SNEDIKER”. But, FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 On 11/292021 new law firm of plaintiff attorney filed Notice of Appearance to legalize and to represent which a question of professional conduct. WHEREFORE, based on above all grounds, Chowdhury humbly and respectfully request to the court to grant the show cause of the purchaser Shameem Chowdhury for fair justice. And let the court order to transfer the deed of subject property to purchaser Shameem Chowdhury as per Terms of sale. And further relief as court deems proper. Dated: Brooklyn, New York October 19, 2022 -- Shameem Chowdhury Sworn to efo me this Ó Day of , , 2022 tary ublic JOSEPHINE BOURNE Public, State of New York Notary No. 04B06 5374 Qualified in Cou Commission Expires FILED: KINGS COUNTY CLERK 08/01/2023 11:16 PM INDEX NO. 533506/2022 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/01/2023 SUPREME COURT OF THE STATE ŒF NEW YORK COUNTY OF KINGS ___________________------___________________________________________Ç NATIONSTAR MORTGAGE LLC Index No.: 508668/201ff Plaintiffs, AFFIDAVIT OF SERVICE -against- ALICIA A. BOURNE et al Borough: Brooklyn Block: 3994 Defendants. Lot: 28 ---------------_______________________________________________________Ç Tafheem Chowdhury, being duly sworn, deposes and says: 1. Deponent is not a party to this action, is over 18 years of age, and reside in Kings New York. 2. On 10/19/2022, I served a true and correct copy of Reply to Plaintiff opposition to Motion #6, in the above captioned proceeding by regular first class mail with certificate of mailing by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York, addressed to the Persons indicated below: Robertson, Auschutz, Schneid, Crane & Partners, PLLC Attorneys for the Plaintiffs 900 Merchant Concourse Westbury, New York 11590 Sworn to before me this D otary ublic JOSEPHINE BOURNE Public, State of New York Notary No. 04B06 5374 Qualified in s Coun Commission Expires