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NYSCEF DOC. NO. 19
1 RECEIVED NYSCEF: 07/05/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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DALTON DEVELOPMENT LLC.,
Plaintiff(s),
-against - SUMMONS
Plaintiff designates Kings
County as the place of trial.
FEDERAL NATIONAL MORTAGE
MORTGAGE
ASSOCIATION, Property Address:
346 Marcus Garvey Boulevard
Brooklyn, NY 11221
Defendant(s).
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TO THE ABOVE NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of
appearance, on Plaintiff’s attorney within TWENTY (20) days after the service of this summons,
exclusive of the day of service, or if service of this summons is made by any means other than by
personal delivery to you within the state, within THIRTY (30) days after such service is
complete. In the case of your failing to appear or answer, judgment will be taken
against you by default for the relief demanded in the annexed complaint.
Dated: November 9, 2022
January 5, 2023
Kew Gardens, New York
Yours etc.,
SHIRYAK, BOWMAN, ANDERSON, GILL &
KADOCHNIKOV LLP
_______________
By: Mark Anderson, Esq.
Attorney for the Plaintiff
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Tel: 718-263-6800
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DEFENDANT’S ADDRESSES:
FEDERAL NATIONAL MORTGAGE ASSOCIATION
1100 15th STREET NW
WASHINGTON, DC, 20005
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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DALTON DEVELOPMENT LLC.,
Plaintiff(s),
-against - VERIFIED COMPLAINT
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Defendant(s).
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Plaintiff DALTON DEVELOPMENT LLC., by and through its attorney SHIRYAK,
BOWMAN, ANDERSON, GILL & KADOCHNIKOV complaining of the Defendant(s),
alleges upon information and belief as follows:
1. That at all times hereinafter mentioned DALTON DEVELOPMENT LLC.,
(hereinafter “Plaintiff”) is a business entity incorporated in the state of New York.
2. Upon information and belief, that at all times hereinafter mentioned Defendant,
FEDERAL NATIONAL MORTGAGE ASSOCIATION was and is a corporation that conducted
business within the State of New York.
3. The Subject Premises of this action is 346 Marcus Garvey Boulevard, Brooklyn
NY, 11221 (hereinafter “Subject Premises”).
AS AND FOR A FIRST CAUSE OF ACTION
4. Plaintiff repeats, reiterates and realleges each and every allegation in the above
Paragraphs.
5. On or about February 16, 2006, prior owner, non-party Trenia Johnson secured a
mortgage in the amount of $637,500.00 (hereinafter “First Mortgage”) from Mortgage Electronic
Registration Systems, Inc. (hereinafter “MERS”). SEE EXHIBIT A.
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6. On or about December 14, 2007, Trenia Johnson secured a second mortgage in
the principal amount of $37,941.03 (hereinafter “Second Mortgage”). SEE EXHIBIT B.
7. On or about December 14, 2007, The First Mortgage and Second Mortgage were
consolidated to form a single lien in the amount of $656,000.00 (HEREINAFTER “Consolidated
Mortgage”). SEE EXHIBIT C.
8. After a series of assignments, the current note holder on the mortgage is Federal
National Mortgage Association.
9. On or about December 25, 2017, Fannie Mae filed a summons and complaint
instituting a foreclosure action (hereinafter “Foreclosure Action”) against Trenia Johnson. See
Federal National Mortgage Association v. Johnson, Index No.: 524203/2017, NYSCEF Doc. No.
1 (Kings County Supreme Court).\
10. On August 13, 2019, the foreclosure action was dismissed because, as the court
decided, the Consolidated Mortgage was barred by the Statute of Limitations. The time to appeal
this decision has expired. SEE EXHIBIT D.
11. On May 29, 2014, Plaintiff Dalton Development LLC purchased the Subject
Property from non-party Trenia Johnson. SEE EXHIBIT E.
12. It is now over six years since the date of default for said mortgage and note.
13. It has now been over six years since the date of default and acceleration for said
mortgage and note.
14. As a result, the six-year Statute of Limitations under CPLR 213 (4) began to run
upon the plaintiffs' default and acceleration of Mortgage Agreement. Accordingly, the Statute of
Limitations has expired.
15. Plaintiff is owner in fee of the following described premises.
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16. Defendant Federal National Mortgage Association is the purported holder of the
mortgage and note associated with the Mortgage and, as such, holds an interest in the Subject
Premises that is adverse to the Plaintiff’s interest.
17. Federal National Mortgage Association unjustly and adversely claims or may
claim to have, or it appears by the public records that they may claim some right in, title to, claim
or demand against, or lien or encumbrance upon the said parcels of land, or one or more of them
or some part thereof, the exact nature, extent and quality of which is unknown to defendant, and
defendant alleges that such claims are unjust and that all such claims which the plaintiff may
have had upon the premises above described were wholly and effectually extinguished, cut off
and time barred by the statute of limitations, and that the defendant is seized and possessed of
said premises free of and wholly discharged from any and every such claim or lien. See
Notarnicola v. Lafayette Farms, Inc., 288 A.D.2d 198 (N.Y. App. Div. 2d Dep't 2001).
18. Every Defendant is known and no defendant is or might be an infant, mentally
retarded, mentally ill or an alcohol abuser.
19. The judgment will not affect a person or persons not in being or ascertained at the
commencement of the action, who by any contingency contained in a devise or grant or
otherwise, could afterward become entitled to a beneficial estate or interest in the property
involved
20. Every person or persons in being who would have been entitled to such estate or
interest if such event had happened immediately before the commencement of this action is
named as a party thereto.
21. No personal claim is made against any Defendant herein except such Defendants
may defend this action.
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22. As a result, the Plaintiff demands judgment against Federal National Mortgage
Association and all persons claiming under them that they be forever barred from all claim or
claims to an estate in the premises hereinbefore described, or lien or encumbrance thereupon of
any kind or nature whatsoever; and that it be adjudged and decreed that the above Plaintiff is the
lawful owner of said premises.
WHEREFORE, Plaintiff demands judgment against the Defendant and all persons
claiming under them that they be forever barred from all claim or claims to an estate in the
premises hereinbefore described, or lien or encumbrance thereupon of any kind or nature
whatsoever; and that it be adjudged and decreed that the above Plaintiff is the lawful owner of
said premises in fee simple and is entitled to the lawful, peaceable and uninterrupted possession
thereof as against the Defendant herein, and all others whomsoever, and for such other and
further relief as may be deemed just, together with the costs of this action.
Dated: January 5, 2023
November 9, 2022
Kew Gardens, New York
Yours; etc.
SHIRYAK, BOWMAN, ANDERSON, GILL &
KADOCHNIKOV LLP
____________________________
By: Mark Anderson, Esq.
80-02 Kew Gardens Road, Suite 600
Kew Gardens, New York 11415
Tel: 718-263-6800
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KINGS
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ATTORNEY CERTIFICATION
I, Mark Anderson, Esq., hereby certify, under penalty of perjury, and as an officer of the
court, that to the best of my knowledge, information and belief, formed after an inquiry
reasonably under the circumstances, the presentation of the papers or the contentions herein are
not frivolous as defined in 22 NYCRR Section 130-1.1(c).
Dated: November
January 5, 9, 2022
2023
Kew Gardens, New York
____________________________
Mark Anderson, Esq.
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Preview
FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X Index No. DALTON DEVELOPMENT LLC., Plaintiff(s), -against - SUMMONS Plaintiff designates Kings County as the place of trial. FEDERAL NATIONAL MORTAGE MORTGAGE ASSOCIATION, Property Address: 346 Marcus Garvey Boulevard Brooklyn, NY 11221 Defendant(s). -------------------------------------------------------------------------X TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on Plaintiff’s attorney within TWENTY (20) days after the service of this summons, exclusive of the day of service, or if service of this summons is made by any means other than by personal delivery to you within the state, within THIRTY (30) days after such service is complete. In the case of your failing to appear or answer, judgment will be taken against you by default for the relief demanded in the annexed complaint. Dated: November 9, 2022 January 5, 2023 Kew Gardens, New York Yours etc., SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP _______________ By: Mark Anderson, Esq. Attorney for the Plaintiff 80-02 Kew Gardens Road, Suite 600 Kew Gardens, New York 11415 Tel: 718-263-6800 -1- 1 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 DEFENDANT’S ADDRESSES: FEDERAL NATIONAL MORTGAGE ASSOCIATION 1100 15th STREET NW WASHINGTON, DC, 20005 -2- 2 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------X Index No. DALTON DEVELOPMENT LLC., Plaintiff(s), -against - VERIFIED COMPLAINT FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendant(s). ---------------------------------------------------------------------------X Plaintiff DALTON DEVELOPMENT LLC., by and through its attorney SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV complaining of the Defendant(s), alleges upon information and belief as follows: 1. That at all times hereinafter mentioned DALTON DEVELOPMENT LLC., (hereinafter “Plaintiff”) is a business entity incorporated in the state of New York. 2. Upon information and belief, that at all times hereinafter mentioned Defendant, FEDERAL NATIONAL MORTGAGE ASSOCIATION was and is a corporation that conducted business within the State of New York. 3. The Subject Premises of this action is 346 Marcus Garvey Boulevard, Brooklyn NY, 11221 (hereinafter “Subject Premises”). AS AND FOR A FIRST CAUSE OF ACTION 4. Plaintiff repeats, reiterates and realleges each and every allegation in the above Paragraphs. 5. On or about February 16, 2006, prior owner, non-party Trenia Johnson secured a mortgage in the amount of $637,500.00 (hereinafter “First Mortgage”) from Mortgage Electronic Registration Systems, Inc. (hereinafter “MERS”). SEE EXHIBIT A. -3- 3 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 6. On or about December 14, 2007, Trenia Johnson secured a second mortgage in the principal amount of $37,941.03 (hereinafter “Second Mortgage”). SEE EXHIBIT B. 7. On or about December 14, 2007, The First Mortgage and Second Mortgage were consolidated to form a single lien in the amount of $656,000.00 (HEREINAFTER “Consolidated Mortgage”). SEE EXHIBIT C. 8. After a series of assignments, the current note holder on the mortgage is Federal National Mortgage Association. 9. On or about December 25, 2017, Fannie Mae filed a summons and complaint instituting a foreclosure action (hereinafter “Foreclosure Action”) against Trenia Johnson. See Federal National Mortgage Association v. Johnson, Index No.: 524203/2017, NYSCEF Doc. No. 1 (Kings County Supreme Court).\ 10. On August 13, 2019, the foreclosure action was dismissed because, as the court decided, the Consolidated Mortgage was barred by the Statute of Limitations. The time to appeal this decision has expired. SEE EXHIBIT D. 11. On May 29, 2014, Plaintiff Dalton Development LLC purchased the Subject Property from non-party Trenia Johnson. SEE EXHIBIT E. 12. It is now over six years since the date of default for said mortgage and note. 13. It has now been over six years since the date of default and acceleration for said mortgage and note. 14. As a result, the six-year Statute of Limitations under CPLR 213 (4) began to run upon the plaintiffs' default and acceleration of Mortgage Agreement. Accordingly, the Statute of Limitations has expired. 15. Plaintiff is owner in fee of the following described premises. -4- 4 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 16. Defendant Federal National Mortgage Association is the purported holder of the mortgage and note associated with the Mortgage and, as such, holds an interest in the Subject Premises that is adverse to the Plaintiff’s interest. 17. Federal National Mortgage Association unjustly and adversely claims or may claim to have, or it appears by the public records that they may claim some right in, title to, claim or demand against, or lien or encumbrance upon the said parcels of land, or one or more of them or some part thereof, the exact nature, extent and quality of which is unknown to defendant, and defendant alleges that such claims are unjust and that all such claims which the plaintiff may have had upon the premises above described were wholly and effectually extinguished, cut off and time barred by the statute of limitations, and that the defendant is seized and possessed of said premises free of and wholly discharged from any and every such claim or lien. See Notarnicola v. Lafayette Farms, Inc., 288 A.D.2d 198 (N.Y. App. Div. 2d Dep't 2001). 18. Every Defendant is known and no defendant is or might be an infant, mentally retarded, mentally ill or an alcohol abuser. 19. The judgment will not affect a person or persons not in being or ascertained at the commencement of the action, who by any contingency contained in a devise or grant or otherwise, could afterward become entitled to a beneficial estate or interest in the property involved 20. Every person or persons in being who would have been entitled to such estate or interest if such event had happened immediately before the commencement of this action is named as a party thereto. 21. No personal claim is made against any Defendant herein except such Defendants may defend this action. -5- 5 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 22. As a result, the Plaintiff demands judgment against Federal National Mortgage Association and all persons claiming under them that they be forever barred from all claim or claims to an estate in the premises hereinbefore described, or lien or encumbrance thereupon of any kind or nature whatsoever; and that it be adjudged and decreed that the above Plaintiff is the lawful owner of said premises. WHEREFORE, Plaintiff demands judgment against the Defendant and all persons claiming under them that they be forever barred from all claim or claims to an estate in the premises hereinbefore described, or lien or encumbrance thereupon of any kind or nature whatsoever; and that it be adjudged and decreed that the above Plaintiff is the lawful owner of said premises in fee simple and is entitled to the lawful, peaceable and uninterrupted possession thereof as against the Defendant herein, and all others whomsoever, and for such other and further relief as may be deemed just, together with the costs of this action. Dated: January 5, 2023 November 9, 2022 Kew Gardens, New York Yours; etc. SHIRYAK, BOWMAN, ANDERSON, GILL & KADOCHNIKOV LLP ____________________________ By: Mark Anderson, Esq. 80-02 Kew Gardens Road, Suite 600 Kew Gardens, New York 11415 Tel: 718-263-6800 -6- 6 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 KINGS 7 of 8 FILED: KINGS COUNTY CLERK 07/05/2023 01/05/2023 02:15 02:40 PM INDEX INDEX NO. NO. 500441/2023 8354/2010 NYSCEF DOC. NO. 19 1 RECEIVED NYSCEF: 07/05/2023 01/05/2023 ATTORNEY CERTIFICATION I, Mark Anderson, Esq., hereby certify, under penalty of perjury, and as an officer of the court, that to the best of my knowledge, information and belief, formed after an inquiry reasonably under the circumstances, the presentation of the papers or the contentions herein are not frivolous as defined in 22 NYCRR Section 130-1.1(c). Dated: November January 5, 9, 2022 2023 Kew Gardens, New York ____________________________ Mark Anderson, Esq. -8- 8 of 8