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MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3412887
Book Page CIVIL
Return To: No. Pages: 6
JAYLA ROSE LOMBARDO
Instrument: MISCELLANEOUS DOCUMENT
Control #: 202304270801
Index #: E2020008624
Date: 04/27/2023
Shanbhag, Ramdas Time: 2:04:30 PM
Shanbhag, Ramdas
Trinidad, Maria
Jen Len, LLC
Jen Len 401 K Plan FBO Maria Trinidad
Jen Len, LLC, Revocable Living Trust
Equity Trust Company, Custodian, FBO, Maria Trinidad
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
202304270801 Index # : E2020008624
At a Special Term of the Monroe
County Supreme Court held in and
for the County of Monroe,
Rochester, New York, on the 18th
day of May, 2022.
Present: Honorable HON. GAIL A. DONOFRIO
Justice Presiding
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
------------------------------------------------------------- AMENDED
RAMDAS SHANBHAG and, ORDER APPOINTING
RAMDAS SHANBHAG as Trustee for the TEMPORARY
RAMDAS SHANBHAG TRUST, RECEIVER
Plaintiffs,
Index No. E2020008624
-vs-
MARIA TRINIDAD;
JENLEN, LLC;
JENLEN 401K PLAN FBO MARIA TRINIDAD;
JENLEN, LLC, REVOCABLE LIVING TRUST;
EQUITY TRUST COMPANY, CUSTODIAN, FBO
MARIA TRINIDAD;
LIMA CHARLIE, LLC;
METRO CITY BANK;
LYONS NATIONAL BANK; and
“JOHN DOE” and “MARY DOE”; said names being
fictitious, parties intended being possible tenants or
occupants of premises, and corporations, other
entities or persons who claim, or may claim, a lien
against the premises,
Defendants.
---------------------------------------------------------------
Plaintiffs, RAMDAS SHANBHAG and RAMDAS SHANBHAG AS TRUSTEE FOR
THE RAMDAS SHANBHAG TRUST, by and through their attorneys, Lombardo Law, PLLC,
Jayla R. Lombardo, Esq., having duly moved for an Order pursuant to CPLR 6401, appointing a
receiver of certain properties, to wit: 249 Parklands Drive, Rochester, NY 14616; 1979 North
202304270801 Index #: E2020008624
Goodman Street, Rochester, NY 14609; 1875 North Goodman Street, Rochester, NY 14609 and
901 Lake Avenue, Rochester, NY 14613, upon the ground that they have an apparent interest in
the properties, which are the subject of the above-entitled action now pending in this court, and
that there is danger that the properties will be materially injured or destroyed, and the motion
having regularly come on to be heard;
NOW, upon reading and filing the Notice of Motion dated March 15, 2022, the
Affirmation of Jayla R. Lombardo, Esq., in support of the Motion, sworn to on the 15th day of
March, 2022, and the exhibits annexed thereto, and upon the Affidavit of Ramdas Shanbhag in
support of the Motion, sworn to on the 9th day of March, 2022, and upon the Affidavit of
Dominique Lewis, sworn to on the 24th day of February, 2022, and the Memorandum of Law
submitted therewith, and the Summons, Complaint and Answer heretofore served herein; and
upon the Notice of Cross-Motion for Summary Judgment dated April 20, 2022, and the
Affirmation of Charles W. Marino, Esq., counsel for Maria Trinidad, JenLen, LLC, JenLen 401K
Plan FBO Maria Trinidad, and JenLen, LLC, Revocable Living Trust, Equity Trust Company,
Custodian, FBO Maria Trinidad, (the “Trinidad Defendants”) in support of the Cross-Motion and
in opposition to Plaintiffs’ Motion, sworn to on the 20th of April, 2022, and the exhibits annexed
thereto, and upon the Affidavit of Maria Trinidad submitted in support of the Cross-Motion and
in opposition to Plaintiffs’ Motion, sworn to on the 18th day of April, 2022, and the exhibits
annexed thereto, and the Memorandum of Law submitted in support of the Cross-Motion and in
opposition to Plaintiffs’ Motion; and upon the Affirmation of Marc W. Brown, Esq., counsel for
Lima Charlie, LLC, Metro City Bank and Lyons National Bank, submitted in response, but not
in opposition to Plaintiffs’ Motion, sworn to on the 13th day of April, 2022; and upon the
Affirmation of Jayla R. Lombardo, Esq., in opposition to the Cross-Motion and in further support
202304270801 Index #: E2020008624
of the Motion, and the exhibits annexed thereto, and the Affidavit of Ramdas Shanbhag in
opposition to the Cross-Motion and in further support of the Motion; and after hearing Jayla R.
Lombardo Esq., counsel for Plaintiffs, in support of the Motion and in opposition to the Cross-
Motion, and Charles W. Marino, Esq., counsel for the Trinidad Defendants, in opposition to the
Motion and in support of the Cross-Motion, and Marc W. Brown, Esq., counsel for Lima
Charlie, LLC, Metro City Bank, and Lyons National Bank, in response and not in opposition to
the Motion; and after due deliberation having been held thereon;
NOW, upon motion of Jayla R. Lombardo, Esq., attorney for the Plaintiffs; it is hereby
ORDERED, that the motion to appoint a temporary receiver pursuant to CPLR 6401 is
hereby GRANTED in part, and that Christopher Calabrese, Esq., of 1 East Main St., Rochester,
NY 14614 of (585) 232-4724, be and is hereby appointed temporary receiver of the properties
located at (1) 249 Parklands Drive, Rochester, NY 14616; (2) 1979 North Goodman Street,
Rochester, NY 14609; (3) 1875 North Goodman Street, Rochester, NY 14609; and (4) 901 Lake
Avenue, Rochester, NY 14613, with the usual powers and duties according to the laws of this
state and the practice of this court, to wit: the power to collect rents; pay property taxes; obtain
property insurance; and, upon his/her executing and acknowledging, in the usual form, and filing
with the clerk of this court, for the County of Monroe, and the requirement for an undertaking
being waived, conditioned for the faithful discharge of his/her duties and the duty of accounting
for all moneys and property received by him/her as such receiver and shall execute an oath in
accordance with CPLR 6402 promptly upon entry of this order; and it is further
ORDERED, that pursuant to Section 36.1 of Part 36 of the Rules of the Chief Judge, the
receiver shall be subject to said Part 36; and it is further
202304270801 Index #: E2020008624
ORDERED, that the receiver take possession of the aforesaid property and that the
receiver may incur at the expense of such properties, such costs and charges, and make such
disbursements as may be actually necessary for obtaining possession thereof, preserving the
same and executing the duties imposed by this order; and it is further
ORDERED, that the receiver forthwith deposit all moneys received by him/her at the
time s/he receives them in his/her own name as receiver in a checking account, showing the
name of the case, in an FDIC Insured Bank, and that no funds be withdrawn from the account,
and no check thereon be honored, unless directed by court order or the check is countersigned by
the receiver’s surety on his/her undertaking, EXCEPT, that any rents collected in connection
with the property located at 249 Parklands Drive, Rochester, NY shall be first applied and
distributed to the outstanding mortgage held by Metro City Bank in the amount of $1,262.928 in
keeping with the regular mortgage payments, which include taxes and insurance due and owing
each month; and it is further
ORDERED, that the depository furnish monthly statements to the receiver and to the
attorney for the receiver; and it is further
ORDERED that any and all persons now or at any time in the possession of the
properties, upon demand of the receiver, surrender the same to him/her; and it is further
ORDERED, that MARIA TRINIDAD and the TRINIDAD DEFENDANTS be and are
hereby directed and enjoined from interfering with the powers and duties of the receiver in
regard to the properties; and it is further
ORDERED, that the receiver is not authorized to hire counsel, an accountant, auctioneer,
appraiser, property manager or real estate broker or any other secondary appointees without
further order of this court; and it is further
202304270801 Index #: E2020008624
ORDERED, that that receiver may at any time apply to this court for an order or other
instructions or powers necessary to enable the receiver properly to fulfill his/her duties; and it is
further
ORDERED, that the Cross-Motion of the Trinidad Defendants for Summary Judgment is
DENIED in all respects; and it is further
ORDERED, that counsel for the parties shall appear for a conference via Microsoft
TEAMS at a date and time to be set by the Court.
Dated: April ____, 2023 ______________________________
Rochester, NY HON. JAMES A. VAZANNA
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MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3412887 Book Page CIVIL Return To: No. Pages: 6 JAYLA ROSE LOMBARDO Instrument: MISCELLANEOUS DOCUMENT Control #: 202304270801 Index #: E2020008624 Date: 04/27/2023 Shanbhag, Ramdas Time: 2:04:30 PM Shanbhag, Ramdas Trinidad, Maria Jen Len, LLC Jen Len 401 K Plan FBO Maria Trinidad Jen Len, LLC, Revocable Living Trust Equity Trust Company, Custodian, FBO, Maria Trinidad Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 202304270801 Index # : E2020008624 At a Special Term of the Monroe County Supreme Court held in and for the County of Monroe, Rochester, New York, on the 18th day of May, 2022. Present: Honorable HON. GAIL A. DONOFRIO Justice Presiding SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ------------------------------------------------------------- AMENDED RAMDAS SHANBHAG and, ORDER APPOINTING RAMDAS SHANBHAG as Trustee for the TEMPORARY RAMDAS SHANBHAG TRUST, RECEIVER Plaintiffs, Index No. E2020008624 -vs- MARIA TRINIDAD; JENLEN, LLC; JENLEN 401K PLAN FBO MARIA TRINIDAD; JENLEN, LLC, REVOCABLE LIVING TRUST; EQUITY TRUST COMPANY, CUSTODIAN, FBO MARIA TRINIDAD; LIMA CHARLIE, LLC; METRO CITY BANK; LYONS NATIONAL BANK; and “JOHN DOE” and “MARY DOE”; said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants. --------------------------------------------------------------- Plaintiffs, RAMDAS SHANBHAG and RAMDAS SHANBHAG AS TRUSTEE FOR THE RAMDAS SHANBHAG TRUST, by and through their attorneys, Lombardo Law, PLLC, Jayla R. Lombardo, Esq., having duly moved for an Order pursuant to CPLR 6401, appointing a receiver of certain properties, to wit: 249 Parklands Drive, Rochester, NY 14616; 1979 North 202304270801 Index #: E2020008624 Goodman Street, Rochester, NY 14609; 1875 North Goodman Street, Rochester, NY 14609 and 901 Lake Avenue, Rochester, NY 14613, upon the ground that they have an apparent interest in the properties, which are the subject of the above-entitled action now pending in this court, and that there is danger that the properties will be materially injured or destroyed, and the motion having regularly come on to be heard; NOW, upon reading and filing the Notice of Motion dated March 15, 2022, the Affirmation of Jayla R. Lombardo, Esq., in support of the Motion, sworn to on the 15th day of March, 2022, and the exhibits annexed thereto, and upon the Affidavit of Ramdas Shanbhag in support of the Motion, sworn to on the 9th day of March, 2022, and upon the Affidavit of Dominique Lewis, sworn to on the 24th day of February, 2022, and the Memorandum of Law submitted therewith, and the Summons, Complaint and Answer heretofore served herein; and upon the Notice of Cross-Motion for Summary Judgment dated April 20, 2022, and the Affirmation of Charles W. Marino, Esq., counsel for Maria Trinidad, JenLen, LLC, JenLen 401K Plan FBO Maria Trinidad, and JenLen, LLC, Revocable Living Trust, Equity Trust Company, Custodian, FBO Maria Trinidad, (the “Trinidad Defendants”) in support of the Cross-Motion and in opposition to Plaintiffs’ Motion, sworn to on the 20th of April, 2022, and the exhibits annexed thereto, and upon the Affidavit of Maria Trinidad submitted in support of the Cross-Motion and in opposition to Plaintiffs’ Motion, sworn to on the 18th day of April, 2022, and the exhibits annexed thereto, and the Memorandum of Law submitted in support of the Cross-Motion and in opposition to Plaintiffs’ Motion; and upon the Affirmation of Marc W. Brown, Esq., counsel for Lima Charlie, LLC, Metro City Bank and Lyons National Bank, submitted in response, but not in opposition to Plaintiffs’ Motion, sworn to on the 13th day of April, 2022; and upon the Affirmation of Jayla R. Lombardo, Esq., in opposition to the Cross-Motion and in further support 202304270801 Index #: E2020008624 of the Motion, and the exhibits annexed thereto, and the Affidavit of Ramdas Shanbhag in opposition to the Cross-Motion and in further support of the Motion; and after hearing Jayla R. Lombardo Esq., counsel for Plaintiffs, in support of the Motion and in opposition to the Cross- Motion, and Charles W. Marino, Esq., counsel for the Trinidad Defendants, in opposition to the Motion and in support of the Cross-Motion, and Marc W. Brown, Esq., counsel for Lima Charlie, LLC, Metro City Bank, and Lyons National Bank, in response and not in opposition to the Motion; and after due deliberation having been held thereon; NOW, upon motion of Jayla R. Lombardo, Esq., attorney for the Plaintiffs; it is hereby ORDERED, that the motion to appoint a temporary receiver pursuant to CPLR 6401 is hereby GRANTED in part, and that Christopher Calabrese, Esq., of 1 East Main St., Rochester, NY 14614 of (585) 232-4724, be and is hereby appointed temporary receiver of the properties located at (1) 249 Parklands Drive, Rochester, NY 14616; (2) 1979 North Goodman Street, Rochester, NY 14609; (3) 1875 North Goodman Street, Rochester, NY 14609; and (4) 901 Lake Avenue, Rochester, NY 14613, with the usual powers and duties according to the laws of this state and the practice of this court, to wit: the power to collect rents; pay property taxes; obtain property insurance; and, upon his/her executing and acknowledging, in the usual form, and filing with the clerk of this court, for the County of Monroe, and the requirement for an undertaking being waived, conditioned for the faithful discharge of his/her duties and the duty of accounting for all moneys and property received by him/her as such receiver and shall execute an oath in accordance with CPLR 6402 promptly upon entry of this order; and it is further ORDERED, that pursuant to Section 36.1 of Part 36 of the Rules of the Chief Judge, the receiver shall be subject to said Part 36; and it is further 202304270801 Index #: E2020008624 ORDERED, that the receiver take possession of the aforesaid property and that the receiver may incur at the expense of such properties, such costs and charges, and make such disbursements as may be actually necessary for obtaining possession thereof, preserving the same and executing the duties imposed by this order; and it is further ORDERED, that the receiver forthwith deposit all moneys received by him/her at the time s/he receives them in his/her own name as receiver in a checking account, showing the name of the case, in an FDIC Insured Bank, and that no funds be withdrawn from the account, and no check thereon be honored, unless directed by court order or the check is countersigned by the receiver’s surety on his/her undertaking, EXCEPT, that any rents collected in connection with the property located at 249 Parklands Drive, Rochester, NY shall be first applied and distributed to the outstanding mortgage held by Metro City Bank in the amount of $1,262.928 in keeping with the regular mortgage payments, which include taxes and insurance due and owing each month; and it is further ORDERED, that the depository furnish monthly statements to the receiver and to the attorney for the receiver; and it is further ORDERED that any and all persons now or at any time in the possession of the properties, upon demand of the receiver, surrender the same to him/her; and it is further ORDERED, that MARIA TRINIDAD and the TRINIDAD DEFENDANTS be and are hereby directed and enjoined from interfering with the powers and duties of the receiver in regard to the properties; and it is further ORDERED, that the receiver is not authorized to hire counsel, an accountant, auctioneer, appraiser, property manager or real estate broker or any other secondary appointees without further order of this court; and it is further 202304270801 Index #: E2020008624 ORDERED, that that receiver may at any time apply to this court for an order or other instructions or powers necessary to enable the receiver properly to fulfill his/her duties; and it is further ORDERED, that the Cross-Motion of the Trinidad Defendants for Summary Judgment is DENIED in all respects; and it is further ORDERED, that counsel for the parties shall appear for a conference via Microsoft TEAMS at a date and time to be set by the Court. Dated: April ____, 2023 ______________________________ Rochester, NY HON. JAMES A. VAZANNA