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  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
  • Domenick Landriscina v. High Rise Abstract, Inc., Old Republic National Title Insurance Company, Strazzullo Law Firm P.C. A/K/A Strazzullo Law, Salvatore Emilio Strazzullo, Basha Construction Inc.Commercial - Contract document preview
						
                                

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FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X DOMENICK LANDRISCINA, Index No. 517211/2023 Plaintiff, AFFIRMATION IN SUPPORT OF PLAINTIFF'S -against- MOTION FOR A DEFAULT JUDGMENT HIGH RISE ABSTRACT, INC., OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY STRAZZULLO LAW FIRM P.C, a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO, and BASHA CONSTRUCTION INC. Defendants, X Arlene Boyd, Esq., an attorney duly admitted to practice law in the courts of the State of New York, affirms the following under the penalties of perjury: 1. I am the attorney of record for the Plaintiff herein, and am familiar with the facts and circumstances in this matter. I make this Affirmation in support of plaintiff's motion for a default judgment against defendants Strazzullo Law Firm P.C. a/k/a Strazzullo Law, Salvatore Emilio Strazzullo and Basha Construction Inc. 2. This case was commenced on June 13, 2023, by service of a Summons and Complaint (see exhibit "A"). The Summons and Complaint were served on all parties, as demonstrated by the proofs of service filed on NYSCEF. 1 1 of 6 FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 3. The Defendant Strazzullo Law Firm P.C. a/k/a Strazzullo Law was served on July 5, 2023, as set forth in the proof of service. The Defendant Salvatore Emilio Strazzullo was served on July 13, 2023, as set forth in the proof of service. The Defendant Basha Construction Inc. was served on July 6, 2023 as set forth in the proof of service (see exhibit "B"). FACTS 4. As stated in the Complaint, on or about August 24, 2022, the Plaintiff entered into a Contract of Sale to sell the property known as 1431 Utica Avenue, Brooklyn, New York 11203 (subject property) to Mohamad Morhbi. The Contract called for a closing date within 30 days. 5. Upon information and belief, Mohamad Morhbi (purchaser) purchased Title Insurance from the Defendant High Rise on August 26, 2022. The Title Report generated by the Defendant High Rise contained a Schedule B, described as exceptions to the Title Insurance policy that High Rise's principal, Old Republic, would issue to purchaser. The exceptions included, inter debts attributed to either - alja, the Plaintiff or the subject property which High Rise required to be satisfied or otherwise resolved in advance of the closing. To that end, upon information and belief the Plaintiff complied with High Rise's requirement and resolved to the company's satisfaction all relevant listed exceptions. 6. Upon information and belief, after all the Schedule B exceptions were resolved to the satisfaction of the Defendant High Rise, a closing was scheduled for January 19, 2023. 2 2 of 6 FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 7. At the closing, High Rise performed a Continuation Search of existing courthouse records and determined that a Notice of Mechanic's Lien, dated December 14, 2022, was filed by the Defendant Basha Construction Inc. in the amount of $31,000.00. The Notice claimed a lien on the subject property pursuant to a purported contract of employment with the Plaintiff Domenick Landriscina, allegedly to remove trees from that parcel. The Notice claimed that the alleged tree-removal work began on July 20, 2022 and ended on November 22, 2022. 8. Plaintiff Domenick Landriscina never contracted with Basha Construction for any labor, much less tree removal. At the closing, he disputed the validity of the lien. However, Old Republic's agent High Rise insisted that the $31,000.00 be held in escrow pursuant to an Old Republic "Deposit Agreement." High Rise required that the Plaintiff Domenick Landrascina "Depositor" sign the agreement as a and High Rise designated the purchaser's attorney, Defendant Salvatore Emilio Strazzullo, representing the Defendant Strazzullo Law Firm P.C., a/k/a Strazzullo Law, as the "Depositary" - making Strazzullo and the Strazzullo Law Firm escrow agent for the funds. 9. The agreement clearly instructs the Depositary shall not disburse the $31,000.00 in deposited funds to Basha, the lienholder, unless the Depositor has failed to "produce paid vouchers, or other evidence of payment or disposition" of the disputed lien by July 19, 2023. 3 3 of 6 FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 10. Upon information and belief, notwithstanding the clear edict of the Deposit Agreement, escrow agent Strazzullo and the Strazzullo Law Firm disbursed the disputed $31,000.00 to Basha Construction on 2023 - the January 19, day of the closing. DEFENDANTS' DEFAULT 11.The Defendant Strazzullo Law Firm P.C. a/k/a Strazzullo Law was served on July 5, 2023, by serving the Secretary of State, pursuant to CPLR 308(3) and 311(a). The Defendant Salvatore Emilio Strazzullo was served on July 13, 2023 by personal service (suitable age and discretion). The Defendant Basha Construction Inc. was served on July 6, 2023, by serving the Secretary of State, pursuant to CPLR 308(3) and 311(a). "appear" 12. CPLR 320(4) provides that a defendant served under 308(a) must within 30 days of service of the Summons and Complaint. CPLR 3012(c) provides more specifically, "service of an answer shall be made within thirty complete." days after service is Service was complete on August 4, 2023, August 12, 2023 and August 5, 2023 respectively on the defendants. The defaulting Defendants have failed to answer, move or otherwise respond to the Summons and Complaint served on July 5, 2023, July 13, 2023 and July 6, 2023. Accordingly, STRAZZULLO LAW FIRM P.C. a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO and BASHA CONTRUCTION INC., are in default. 4 4 of 6 FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 13.CPLR 3215(a) authorizes the Plaintiffs to make application to this Court for a Default Judgment. CPLR 3215(f) (Proof) provides "On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint ... and proof of the facts constituting the claim, the party..." default and the amount due by affidavit made by the Annexed hereto is an Affidavit of Facts by DOMENICK LANDRISCINA. In that Affidavit, Domenick Landriscina adequately sets forth proof of STRAZZULLO LAW FIRM P.C. a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO and BASHA CONTRUCTION INC.'s liability concerning the claims in the Complaint. 14. Accordingly, the plaintiff seeks judgment against STRAZZULLO LAW FIRM P.C. a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO and BASHA CONTRUCTION INC on the first, second, third, fourth and fifth causes of action in the Complaint. 15. Accordingly, because STRAZZULLO LAW FIRM P.C. a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO and BASHA CONTRUCTION INC defaulted, liability for the claims set forth in the Complaint have been established by virtue of the Affidavit of DOMENICK LANDRISCINA. Therefore, STRAZZULLO LAW FIRM P.C. a/k/a STRAZZULLO LAW, SALVATORE EMILIO STRAZZULLO and BASHA CONTRUCTION INC. are liable to the Plaintiff in the amount of $31,000.00. 5 5 of 6 FILED: KINGS COUNTY CLERK 11/29/2023 11:44 AM INDEX NO. 517211/2023 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 11/29/2023 WHEREFORE, the Plaintiff requests that the Court enter a judgment pursuant to CPLR 3215 against the defaulting Defendants, together with costs and disbursements, as well as such other and further relief as the Court deems just and proper. Dated: Brooklyn, New York November 28, 2023 Arlene Boyd Esq. Attorney for Plaintiff 300 Cadman Plaza West 12th Floor Brooklyn, NY 11201 (718)791-9402 6 6 of 6