Preview
FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020
NYSCEF
FILED:
DOC. KINGS
NO. 19 COUNTY CIERK 0:20
RECEIVED
INDEX NYSCEF:
NO. 52 5803/16/2021
92 / 2 0 2 0
0171T/T0T1 AM)
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--- ______.----------------------------------------------------- Index No.: 525892/2020
Howard Smith,
Plaintiff, VERIFICATION
-against-
Q&O Estates Corp.,
Defendant.
....-......____..-.._______----___..___-_____________._______.
STATE OF NEW YORK
COUNTY OF KINGS
David Cohan being duly sworn, deposes and says:
That I am a member of Q&O Estates Corp., the Defendant in this action.
I have read the foregoing Verified Answer and Counterclaims know the contents thereof
and the same is true to the best of my knowledge, except as to those matters herein stated to be
alleged upon inforniation and belief and that as to those matters, I believe them to be true.
DAVID COHAN
Sworn to before me this
1day of-bVlu, , 2021
. JAAKOV WINKLER
Notary Public, 5tate of New York
OTARY P LIC No. 01WI6171362
Qualified in Kings County
Commission Expires juty 23, 20.2_L
.
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FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020
NYSCEF DOC. NO. 19 RECEIVED
INDEX
NYSCEF:
NO.
03/16/2021
525892/2020
FILED: KINGS COUNTY CLERK 02/15/2021 10:31 AM)
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.: 525892/2020
Howard Smith,
Plaintiff, AFFIDAVIT OF
DAVID COHAN
-against-
Q&O Estates Corp.,
Defendant.
STATE OF NEW YORK
COUNTY OF KINGS
I, David Cohan, do swear to the following under penalty of perjury:
1. I am over 18 years of age and of sound mind.
2. I am a member of Q&O Estates Corp. ("Defendant"), the defendant in this action.
3. Q&O Estates Corp. is the owner of the preñiises located at 424 Hart Street,
Brooklyn, New York 11221, Block 1596, Lot 12 ("Property"), which is the premises at issue in
this action.
4. Over eleven (11) years ago, on or about November 11, 2009, Plaintiff Howard
Smith executed a deed by which title to the subject Property was transferred to Q&O Estates Corp.
(the "2009 Deed").
5. On or about 14, 2011, the 2009 Deed was recorded with the Office of the
Jaiinary
City Register in CRFN 2011000018455.
6. Prior to this action, for over eleven (11) years, Plaintiff did not contest the 2009
Deed transfer.
7. Plaintiff does not live at the Property, nor has Plaintiff contributed to taxes,
insurance, or maintenance of the Property since it was transferred to Q&O Estates Corp. with the
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FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020
NYSCEF DOC. NO. 19 RECEIVED
INDEX NYSCEF:
NO. 03/16/2021
525892/2020
[FILED : KINGS COUNTY CLERK 02/15/2021 10:31 AN|
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021
2009 Deed.
8. Further, Plaintiff signed, before a notary public, signed a General Release to Q&O
Estates Corp. for the consideration of $30,000.00, therein relinquishing all claims against Q&O
Estate Corp. and rights to the Property. A true and accurate copy of the General Release is annexed
hereto as Exhibit A.
9. Moreover, Plaintiff does not live at the Property, nor has Plaintiff contributed to
taxes, insurance, or maintenance of the Property since it was transferred to Q&O Estates Corp.
with the 2009 Deed.
10. Defendant paid Plaintiff valuable consideration of $30,0000 for the Property.
11. Plaintiff is under the misconception that he has a right to the Property, when clearly,
he does not and has not for over eleven (11) years.
12. Plaintiff has not provided any evidence to support this unwarranted claim and has
failed to respond to Defendant's discovery demands.
13. Moreover, Plaintiff has not responded to my counterclaim that this is indeed a
frivolous lawsuit, as he has no defenses to this allegation, and it must be deemed admitted.
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FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020
MD:
NYSCEF DOC. KlWGS--COUNTV¯CLERK
NO. 19 02/15/2021 10:31 AM)
INDEXNYSCEF:
RECEIVED NO. 525892/2020
03/16/2021
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021
14. 1 have reviewed DJr,.±-.t's attoniey's ::f".rEden in support of Defendant's
motion and hereby attest to all the facts asserted within as being true and accurate.
avid Cohan
Member of G&Q Estates Corp.
Sworn to before me
thisE day of February 2021
JAAKOV WINKLER
4IOTARY PUBLIC
0tary Public, State of New -on
No.01WI6171362
Qualiñed in Kings Count9
Cõmmbic Expires July 23,20a2.
3 of 3
Preview
FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020 NYSCEF FILED: DOC. KINGS NO. 19 COUNTY CIERK 0:20 RECEIVED INDEX NYSCEF: NO. 52 5803/16/2021 92 / 2 0 2 0 0171T/T0T1 AM) NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --- ______.----------------------------------------------------- Index No.: 525892/2020 Howard Smith, Plaintiff, VERIFICATION -against- Q&O Estates Corp., Defendant. ....-......____..-.._______----___..___-_____________._______. STATE OF NEW YORK COUNTY OF KINGS David Cohan being duly sworn, deposes and says: That I am a member of Q&O Estates Corp., the Defendant in this action. I have read the foregoing Verified Answer and Counterclaims know the contents thereof and the same is true to the best of my knowledge, except as to those matters herein stated to be alleged upon inforniation and belief and that as to those matters, I believe them to be true. DAVID COHAN Sworn to before me this 1day of-bVlu, , 2021 . JAAKOV WINKLER Notary Public, 5tate of New York OTARY P LIC No. 01WI6171362 Qualified in Kings County Commission Expires juty 23, 20.2_L . 7 of 7 FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 19 RECEIVED INDEX NYSCEF: NO. 03/16/2021 525892/2020 FILED: KINGS COUNTY CLERK 02/15/2021 10:31 AM) NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.: 525892/2020 Howard Smith, Plaintiff, AFFIDAVIT OF DAVID COHAN -against- Q&O Estates Corp., Defendant. STATE OF NEW YORK COUNTY OF KINGS I, David Cohan, do swear to the following under penalty of perjury: 1. I am over 18 years of age and of sound mind. 2. I am a member of Q&O Estates Corp. ("Defendant"), the defendant in this action. 3. Q&O Estates Corp. is the owner of the preñiises located at 424 Hart Street, Brooklyn, New York 11221, Block 1596, Lot 12 ("Property"), which is the premises at issue in this action. 4. Over eleven (11) years ago, on or about November 11, 2009, Plaintiff Howard Smith executed a deed by which title to the subject Property was transferred to Q&O Estates Corp. (the "2009 Deed"). 5. On or about 14, 2011, the 2009 Deed was recorded with the Office of the Jaiinary City Register in CRFN 2011000018455. 6. Prior to this action, for over eleven (11) years, Plaintiff did not contest the 2009 Deed transfer. 7. Plaintiff does not live at the Property, nor has Plaintiff contributed to taxes, insurance, or maintenance of the Property since it was transferred to Q&O Estates Corp. with the 1 of 3 FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020 NYSCEF DOC. NO. 19 RECEIVED INDEX NYSCEF: NO. 03/16/2021 525892/2020 [FILED : KINGS COUNTY CLERK 02/15/2021 10:31 AN| NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021 2009 Deed. 8. Further, Plaintiff signed, before a notary public, signed a General Release to Q&O Estates Corp. for the consideration of $30,000.00, therein relinquishing all claims against Q&O Estate Corp. and rights to the Property. A true and accurate copy of the General Release is annexed hereto as Exhibit A. 9. Moreover, Plaintiff does not live at the Property, nor has Plaintiff contributed to taxes, insurance, or maintenance of the Property since it was transferred to Q&O Estates Corp. with the 2009 Deed. 10. Defendant paid Plaintiff valuable consideration of $30,0000 for the Property. 11. Plaintiff is under the misconception that he has a right to the Property, when clearly, he does not and has not for over eleven (11) years. 12. Plaintiff has not provided any evidence to support this unwarranted claim and has failed to respond to Defendant's discovery demands. 13. Moreover, Plaintiff has not responded to my counterclaim that this is indeed a frivolous lawsuit, as he has no defenses to this allegation, and it must be deemed admitted. 2 of 3 FILED: KINGS COUNTY CLERK 03/16/2021 02:40 PM INDEX NO. 525892/2020 MD: NYSCEF DOC. KlWGS--COUNTV¯CLERK NO. 19 02/15/2021 10:31 AM) INDEXNYSCEF: RECEIVED NO. 525892/2020 03/16/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 02/15/2021 14. 1 have reviewed DJr,.±-.t's attoniey's ::f".rEden in support of Defendant's motion and hereby attest to all the facts asserted within as being true and accurate. avid Cohan Member of G&Q Estates Corp. Sworn to before me thisE day of February 2021 JAAKOV WINKLER 4IOTARY PUBLIC 0tary Public, State of New -on No.01WI6171362 Qualiñed in Kings Count9 Cõmmbic Expires July 23,20a2. 3 of 3