Preview
FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
.. - - - - - - - - - -_ _ _ _ _-.-.---.-.----- - _. --.Ç
PNC BANK, NATIONAL ASSOCIATION,
Index No.: 606687/2023
Plaintiff,
-against-
ANSWER
KEVIN VALENTINE, JAMISE VALENTINE, ET AL.
Defendant.
- - - . - .. _ - -. - - - _.... - . _... _ - - _.------- .. - Ç
Defendants, KEVIN VALENTINE and JAMISE VALENTINE, ("the answering
defendants"), by their attorneys, DAVID L. SINGER, P.C., set forth the following, upon
information and belief, as and for an answer to Plaintiff's complaint:
ANSWERING THE FIRST CAUSE OF ACTION
1. Deny each and every allegation set forth in paragraphs "1", "2", "3", "4", "5",
"6", "7", "8", "9", "10", and "11", of the complaint, except admit that the answering
defendants are the record owners of and reside at the premises known as 106 Munro
Blvd., Valley Stream, NY 11581, beg leave to refer to the original note, mortgage and
other documents relied upon by Plaintiff in said complaint when Plaintiff producesthose
documents at the trial of this action, and respectfully refer all questions of law to this
Honorable Court.
DEFENDANTS'
THE ANSWERING FIRST AFFIRMATIVE DEFENSE
2. The plaintiff 's mortgage foreclosure claims are time barred by the applicable
suit limitations period of CPLR 213(4).
3. That by reason of the foregoing, plaintiff's complaint must be dismissed.
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FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023
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T
4. The plaintiff does not have the requisite to maintain this action
standing
because plaintiff was not the owner or holder of the original note and mortgage at the
time that this action was commenced.
5. That by reason of the foregoing, the plaintiff's complaint must be dismissed.
THE DEFENDANTS' DEFENSE
ANSWERING THIRD AFFIRMATIVE
6. The plaintiff has breached its contractual obligations to the answering
defendants in that it failed to provide a Notice of Default and Notice of Acceleration to
answering defendants in accordance with the terms and conditions of the Note and
Mortgage.
7. That by reason of the foregoing, the plaintiff's complaint must be dismissed.
THE DEFENDANTS'
ANSWERING FOURTH AFFIRMATIVE DEFENSE
8. That plaintiff failed to strictly comply with the notice requirements set forth in
RPAPL §§1303, 1304, 1306 and 1320.
9. That by reason of the foregoing, plaintiff's complaint must be dismissed.
WHEREFORE, that by reason of the foregoing, the defendants
answering
demand judgment dismissing all claims and causes of action set forth in plaintiff's
complaint, together with such other and further relief as this court deems just and proper
in the circumstances.
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FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023
Dated: New
Melville, York
September 27, 2023
Yours, etc.
DAVID L. SINGER, P.C.,
Attorneys ering Defendants
By:
avid L. Singer, Esq.
150 Broadhollow Road, Suite 122
Melville, New York 11747
Tel: (631) 923-2399
singer@davidisingerpc.com
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Telephone: (716) 204-1700
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023
AFFIRMATION OF SERVICE BY NYSCEF
DAVID L. SINGER, an attorney licensed to practice law before the Courts of the
State of New York, hereby affirms the following under the penalty of perjury:
That the undersigned is a resident of Huntington, New York, 11743, County of
Suffolk, is over eighteen (18) years of age and is not a party to this action.
27th
That on the day of September 2023 the undersigned served the within
ANSWER on the plaintiff's counsel via NYSCEF at the address designated for that
purpose as set forth below as follows:
Gross Polowy, LLC
1775 Wehrle Drive, Suite 100
Williamsville, NY 14221
Telephone: (716) 204-1700
Dated: September 27, 2023
A ID L. SINGER, ESQ.
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023
SUPREMECOURTOFTHESTATE OFNEWYORK
COUNTYOFNASSAU
--------_-________--_--_---_....---_--_x
PNCBANK,NATIONALASSOCIATION,
Index No.: 606687/2023
Plaintiff,
-against-
KEVINVALENTINE, JAMISEVALENTINE, ETAL.
Defendant.
-_.----_-._--_---_._---___..-_._--.-.--x
ANSWER
DAVID L. SINGER, P.C.
Attorneys for the Defendants
150 Broadhollow Road, Suite 122
Melville, New York 11747
Tel.: (631) 923-2399
Fax: (888) 321-8679
Pursuantto22NYCRR130-1.1,the undersigned,anattorney duly admittedtopracticein
the Courts ofNewYorkState,certifiesthat,uponinformationand belief and reasonable
inquiry,the contentions containedinthe annexeddocumentarenotfrivolous.
Dated: Melville,NewYork
September27,2023
.-
Signature:
avid L. Singer,Esq.
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Preview
FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU .. - - - - - - - - - -_ _ _ _ _-.-.---.-.----- - _. --.Ç PNC BANK, NATIONAL ASSOCIATION, Index No.: 606687/2023 Plaintiff, -against- ANSWER KEVIN VALENTINE, JAMISE VALENTINE, ET AL. Defendant. - - - . - .. _ - -. - - - _.... - . _... _ - - _.------- .. - Ç Defendants, KEVIN VALENTINE and JAMISE VALENTINE, ("the answering defendants"), by their attorneys, DAVID L. SINGER, P.C., set forth the following, upon information and belief, as and for an answer to Plaintiff's complaint: ANSWERING THE FIRST CAUSE OF ACTION 1. Deny each and every allegation set forth in paragraphs "1", "2", "3", "4", "5", "6", "7", "8", "9", "10", and "11", of the complaint, except admit that the answering defendants are the record owners of and reside at the premises known as 106 Munro Blvd., Valley Stream, NY 11581, beg leave to refer to the original note, mortgage and other documents relied upon by Plaintiff in said complaint when Plaintiff producesthose documents at the trial of this action, and respectfully refer all questions of law to this Honorable Court. DEFENDANTS' THE ANSWERING FIRST AFFIRMATIVE DEFENSE 2. The plaintiff 's mortgage foreclosure claims are time barred by the applicable suit limitations period of CPLR 213(4). 3. That by reason of the foregoing, plaintiff's complaint must be dismissed. 1 of 5 FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023 T 4. The plaintiff does not have the requisite to maintain this action standing because plaintiff was not the owner or holder of the original note and mortgage at the time that this action was commenced. 5. That by reason of the foregoing, the plaintiff's complaint must be dismissed. THE DEFENDANTS' DEFENSE ANSWERING THIRD AFFIRMATIVE 6. The plaintiff has breached its contractual obligations to the answering defendants in that it failed to provide a Notice of Default and Notice of Acceleration to answering defendants in accordance with the terms and conditions of the Note and Mortgage. 7. That by reason of the foregoing, the plaintiff's complaint must be dismissed. THE DEFENDANTS' ANSWERING FOURTH AFFIRMATIVE DEFENSE 8. That plaintiff failed to strictly comply with the notice requirements set forth in RPAPL §§1303, 1304, 1306 and 1320. 9. That by reason of the foregoing, plaintiff's complaint must be dismissed. WHEREFORE, that by reason of the foregoing, the defendants answering demand judgment dismissing all claims and causes of action set forth in plaintiff's complaint, together with such other and further relief as this court deems just and proper in the circumstances. 2 of 5 FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023 Dated: New Melville, York September 27, 2023 Yours, etc. DAVID L. SINGER, P.C., Attorneys ering Defendants By: avid L. Singer, Esq. 150 Broadhollow Road, Suite 122 Melville, New York 11747 Tel: (631) 923-2399 singer@davidisingerpc.com Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Telephone: (716) 204-1700 3 of 5 FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023 AFFIRMATION OF SERVICE BY NYSCEF DAVID L. SINGER, an attorney licensed to practice law before the Courts of the State of New York, hereby affirms the following under the penalty of perjury: That the undersigned is a resident of Huntington, New York, 11743, County of Suffolk, is over eighteen (18) years of age and is not a party to this action. 27th That on the day of September 2023 the undersigned served the within ANSWER on the plaintiff's counsel via NYSCEF at the address designated for that purpose as set forth below as follows: Gross Polowy, LLC 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 Telephone: (716) 204-1700 Dated: September 27, 2023 A ID L. SINGER, ESQ. 4 of 5 FILED: NASSAU COUNTY CLERK 09/27/2023 11:01 AM INDEX NO. 606687/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 09/27/2023 SUPREMECOURTOFTHESTATE OFNEWYORK COUNTYOFNASSAU --------_-________--_--_---_....---_--_x PNCBANK,NATIONALASSOCIATION, Index No.: 606687/2023 Plaintiff, -against- KEVINVALENTINE, JAMISEVALENTINE, ETAL. Defendant. -_.----_-._--_---_._---___..-_._--.-.--x ANSWER DAVID L. SINGER, P.C. Attorneys for the Defendants 150 Broadhollow Road, Suite 122 Melville, New York 11747 Tel.: (631) 923-2399 Fax: (888) 321-8679 Pursuantto22NYCRR130-1.1,the undersigned,anattorney duly admittedtopracticein the Courts ofNewYorkState,certifiesthat,uponinformationand belief and reasonable inquiry,the contentions containedinthe annexeddocumentarenotfrivolous. Dated: Melville,NewYork September27,2023 .- Signature: avid L. Singer,Esq. 5 of 5