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NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022
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the 24the day of 1/08 and
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SUPREME COURT OF THE STATE OF NEW YORK
'OT TNTY OF KTNGS
------------------________________________________-_____________________Ç
CALVIN TRAYLOR and SIDNEY McLANEY,
Plaintiffs, INDEX NO: 13391/05
-against-
AMENDED SUMMONS
MARGO SCOTT, SOLOMON McKENZIE, ELMONT EQUITY,
TNC. GREGORY NANTON CHAIM I.1F.CHTUNG MORTGAGF
TRUST-SA, CHARLES LIECHTUNG, PRIMA HOMES
CONSTRUCTION, AAGR REALTY MANAGEMENT LLC,
FFFC f7n/o FIRST FRANKLIN FINANCIAL CORP.,
DOE"
MANHATTAN FINANCIAL COMPANY, "JANE and
DOE"
"JOHN UNKNOWN and UNNAMED DEFENDANTS.
Defendants,
___---------..---__..__________------_____---------------_______--_____________-Y
Plaintiffs designate KINGS COUNTY as the place of trial.
The basis of venue is the place of residence of Plaintiffs.
The plaintiff resides at 216 Hancock Avenue, Brooklyn, New York.
To the above named Defendants
YOU ARE HEREBY SUMMONED to answer the complaint of this
action and to serve a copy of your answer, or, if the complaint is not served with this
summons, to serve a notice of appearance, on the plaintiff's attomey within TWENTY
(20) DAYS after the service of this summons, exclusive of the day of service (or within
THIRTY (30) DAYS after the service is complete if this summons is not personally
delivered to you within the State of New York): and in case of your failure to appear or
answer. judgment will be taken against you by default for the relief request in the
complaint.
Dated: November 30, 2007
Defendants'
Address:
MARGO SCOTT SOLOMON McKENZlE
10* 10"'
330 South Avenue 330 South Avenue
Mt. Vernon, New York 10550 Mt. Vemon, New York 10550
ELMONT EQUITY, INC. GREGORY NANTON
115 Meacham Avenue, Lower Level 26 Court Street, Suite 1212
Elmont, New York 11003 Brooklyn, New York 11242
I Cross Island Plaza 1 Cross Island Plaza
Rosedale, New York 11422 Rosedale, New York 11422
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MANHATTAN FINANCIAL COMPANY PRIMA HOMES CONSTRUCTION
1238 Curtis Place 7913 Bay Parkway
Baldwin, New York 11510 Brooklyn, New York 11214
AAGR REALTY MANAGEMENT LLC FFFC f/n/o FIRST FRANKLIN
10th
330 South Avenue FINANCIAL CORP.
Mt. New York 10550 200 White Plains Road - Suite 475
Vernon,
Tarrytown, New York 10591
'
RNE R PLAINTIFFS
. WES SIMPSON, P.C.
IS'
101 al Avenue, Floor
Brookly, , New York 1 12.i6
(718) 345 8213
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SUPREME COURT OF THF STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________..______________Ç
CALVIN 'fRAYLOR and SIDNEY McLANEY,
PlaintitTs. AMENDED VERIFIED
COMPLAINT
-against-
MARGO SCOTT, SOLOMON McKENZIE,
ELMONT EQUITY, INC, GREGORY NANTON, INDEX #: 13391/05
CHAIM LIECHTUNG MORTGAGE TRUST-SA.
CHARLES LIECHTUNG, PRIMA HOMES
CONSTRUCTION, AAGR REALTY
MANAGEMENT LLC, FFFC f/n/o FIRST
FRANKLIN FINANCIAI CORP., MANHATTAN
DOE" DOE"
FINANCIAL COMPANY. "JANE and "JOHN
UNKNOWN and UNNAMED DEFENDANTS,
Defendants.
_____ ______________---------------________-________________________Ç
Plaintiffs, CALVIN TRAYLOR and SIDNEY McLANEY, by their attorney: G.
WESLEY SIMPSON. PC complaining of the defendants alleges upon information and
belief as follows:
1. That this action is brought pursuant to Article 15 of the Real Property
Action and proceedings Law to compel the determination of claims to real property
hereinafter described.
2. That at all times, hereinafter mentioned, plaintiffs reside in Brooklyn, New
York.
3. That at all times, hereinafter mentioned, plaintiff CALVIN TRAYLOR
owned the fee of the nremises known as and located at 216 Hancock Street. Brooklyn
New York.
4. That at all times, hereinafter mentioned, defendant MARGO SMITH is a
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. .
resident of the State of New York.
5. That at all times, hereinafter mentioned, defendant SOLOMON
McKENZlE is a resident of the State of New York.
6. That at all times, hereinafter mentioned, defendant SOLOMON
McKENZIE is the son of defendant MARGO SMITH.
7. That at all times hereinafter mentioned, defendant ELMONT EQUITY
TNC. is a domestic corporation doing business subject and pursuant to the laws of the
State of New York.
8. That at all times hereinafter mentioned, defendant ELMONT EQUITY
INC. is a foreign corporation doing business in the State of New York subject and
pursuant to the laws of the State of New York.
9. That at all times hereinafter mentioned, defendant MANHATTAN
FINANCIAL COMPANY is a domestic corporation doing business subject and pursuant
to the laws of the State of New York.
10. That at all times hereinafter mentioned, defendant MANHATTAN
FINANCIAL COMPANY is a foreign corporation doine business subiect and pursuant to
the laws of the State of New York.
1 1. That at all times hereinafter mentioned, defendant CHAIM LIECHTUNG
MORTGAGE TRUST-SA is a foreign corporation doine business in the State of New
York subject and pursuant to the laws of the State of New York.
12. That at all times hereinafter mentioned, defendant CHAIM LIECHTUNG
MORTGAGE TRUST-SA is a domestic corporation doing business in the State of New
York subject and pursuant to the laws of the State of New York.
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1/08 and there being an opposlflðñ. It
3391/2005 Order plfs motion having being heard on this the 24the day of
. .
13. That at all times hereinafter mentioned, defendant PRIMA HOMES
CONSTRUCTION is a foreign corporation doing business in the State of New York
subject and pursuant to the laws of the State of New York.
14. That at all times hereinafter mentioned. defendant PRIMA HOMES is a
domestic corporation doing business subject and pursuant to the laws of the State of New
York.
15. That at all times hereinafter mentioned, defendant FFFC f/n/o FIRST
FRANKLIN FINANCIAL CORP., a foreign corporation doing business in the State of
new York subject and pursuant to the laws of the State of New York.
16. That at all times hereinafter mentioned, defendant FFFC f/n/o FIRST
FRANKLIN FINANCIAL CORP. is a domestic corporation doing business subject and
pursuant to the laws of the State of New York.
17. That at all times hereinafter mentioned. defendant CHARLES
LIECHTUNG is a resident of the State of New York.
18. That at all times hereinafter mentioned, defendant GREGORY NANTON
is a resident of the State of New York.
19. That at all times hereinafter mentioned. defendant GR FGGRY N ANTON
is an attorney duly licensed to practice law in the State of New York.
20. That at all times hereinafter mentioned, defendant AAGR REALTY
MANAGEMENT LLC is a foreign corporation doing business in the State of New York
subient and nursuant to the lawm of the State of New Vark
21. That at all times hereinafter mentioned, defendant AAGR REALTY
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MAMAGEMENT LLC is a domestic corporation doing business subject and pursuant to
the laws of the State of New York.
DOE"
22. That at all times, hereinafter mentioned. defendants "JANE and
DOE"
"JOHN reside in the state of New York.
23. That at all times hereinafter mentioned, CALVIN TRAYLOR had some
problem with violations on his property.
24. That CALVIN TAYLOR'S friend, SIDNEY McLANEY, referred him to
MARGO SMITH to help him resolve the problem he was having with his premises.
25. That MARGO SMITH suggested that CALVIN TAYLOR make a straw
transfer of his premises to his friend SIDNEY McLANEY and take some money out to
fix the premises and remove the violations.
26. That at all times, hereinafter mentioned, defendants knew that plaintiffs
are senior citizens and that SIDNEY McLANEY is illiterate.
27. That thereafter Defendant MARGO SMITH took over the process of
obtaining the mortgage for nlaintiff. CALV IN TRAYLOR.
28. That defendant MARGO SMITH obtained a mortgage in the amount of
OAA 000 00 cm nInintifec hebelf
29. That after the existing mortgages were paid and closing expenses satisfied
the balance remaining was to go to plaintiff, CALVIN TRAYLOR to fix his home and
remove the violations.
30. ELMONT EQUITY INC., bought the premises with full knowledge that
the transfer from SIDNEY McLANEY to SOLOMON McKENZIE was not valid
31. That on or about March 17, 2003 a closine was executed in this matter and
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plaintiffs were represented by GREGORY NANTON, ESQ. an attorney secured by
defendant: MARGO SMITH.
AS AND FOR A FIRST CAUSE OF ACTION
32. That at all time plaintiffs are and remain the lawful owners of the premises
known as and located at 216 Hancock Avenue. Brooklyn, New York and described as
follows: ALL that certain plot or parcel of land. with the building and improvements
thereon erected, situated, lying and being in the Borough of Brooklyn, County of Kings,
City and State of New York. hounded and described as follows: REGfNNING at a noint
on the southerly side of Hancock street, distance of 133 feet 8 inches westerly from the
southwesterly corner of Hancock Street and Marcy Avenue: RUNNING THENCE
southerly narallel with Marcv Avenue and nart of the distance throuuh a narty wall 100
feet to the center line of the block: THENCE westerly alone said center line of the block
and parallel with Hancock Street: 16 feet 8 inches: THENCE northerly parallel with
Marcy Avenue and part of the distance through a party wall 100 feet to the southerly side
of Hancock Street; THENCE easterly along the southerly side of Hancock Street, 16 feet
8 inches to the point or place of BEGINNING.
33. That plaintifTCALVIN TRAYLOR acquired his premises by virtue of a
13th
transfer by deed dated the day of September 1996 from GRANT and MAXINE
NESMITH.
34. That by deed dated January 3, 2003 plaintiff, CALVIN TRAYLOR made
a straw transfer to his friend. plaintiff, SYDNEY McLANEY.
35. That thereafter defendant. SOLOMON McKEN7JE fraudulentiv made a
transfer from plaintiff, SYDNEY McLANEY to defendant SOLOMON McKENZIE.
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36. That by deed dated the day of January 2005, defendant, SOLOMON
McKENZIE transferred the said premises to defendant ELMONT EQUITIES INC.
37. That. any and all claims that defendants had and or claims defendants may
have to said premises described herein are invalid and secured by fraud,
misrepresentation, duress, breach of trust and or breach of fiduciary responsibility and of
no force.
38. That the defendants are known and none are infants, mentally retarded,
mentally ill or alcohol abusers.
39. That any judgment entered herein will not affect any person or persons not
in being or ascertained at the commencement of this action. who by any contineency
contained in a devise or erant or otherwise, could afterward become entitled to be a
beneficial estate or interest in the aforesaid premises.
40. That every person in being who would be entitled to or have an interest in
the premises immediately before the commencement of the action is named as a party
hereto.
41. Plaintiffs demand judgment that defendants and all persons claiming under
them or under any of them be forever barred to any claims estate or interest in the
oronerty described herein: that it be adjudged and finally determined that the olaintiffs
are the ri ghtful owners and are vested with an absohite unencumbered fee to the nrnnerty
described herein; That the sole and complete possession of said premises described in this
complaint be awarded to the plaintiffs and that plaintiffs remain in possession thereof
AS AND FOR A SECOND CAUSE OF ACTION
42. That olaintiffs repeat and reiterate the allenations contained in oaragraphs
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one (1) through forty one (41) of this complaint with the same force and effect as if more
fully setforth below.
43. That defendant FFFC f7n/o FIRST FRANKLIN FINANCIAL CORP.
failed to turn over the moneys remaining after the straw transfer from plaintitT, CALVIN
TRAYLOR to his friend SIDNEY McLANEY an amount totaling about $56,000.00.
44. That CHARLES UECHTUNG, the attorney and agent for FFFC f/n/o
FIRST FRANKLIN FINANCIAL CORP. and the bank's representative at the closing
failed to turn over to plaintiff CALVIN TRAYLOR to ftmds remaining after the closing
expenses and payoffs were deducted, in the sum of approximately $56,000.00
45. That defendant CHAIM LIECHTUNG MOR'fGAGE TRUST-SA failed
to turn over to plaintiff CALVIN TRAYLOR to funds remaining after the closing
expenses and payoffs were deducted. in the sum of approximately $56.000.00
46. That plaintiff CALVIN TRAYLOR request judgment against said
defendants in the sum of $56,000.00 and punitive damages in the amount of
$10,000,000.00 plus interest and costs.
AS AND FOR A THIRD CAUSE OF ACTION
47. That plaintiffs repeat and reiterate the allegations contained in paragraphs
one (1) through forty six (46) of this complaint with the same force and effect as if more
fully set-forth below.
48. That defendants: AAGR REALTY MANAGEMENT LLC and PRIMA
HOMES CONSTRUCTION are owned by defendants: MARGO SMITH and
SOLOMON McKENZIE.
49. That said defendants collected and kept moneys belonging to plaintiff,
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CALVlN TRAYLOR without said plaintiff's consent or approval totaling over
$56,000.000.
50. That plaintiff CALV1N TRAYLOR request judgment against said
defendants in the sum of $56.000.00 olus interest and costs.
AS AND FOR A FOURTH CAUSE OF ACTION
51. That plaintiffs repeat and reiterate the allegations contained in paragraphs
one (1) through fifty (50) of this complaint with the same force and effect as if more fully
setforth below.
52. That defendants: AAGR REALTY MANAGEMENT LLC and PRIMA
HOMES CONSTRUCTION are owned by defendants: MARGO SMITH and
SOLOMON McKENZIE.
53. That said defendants collected money at the closing between CALVIN
TRAYLOR and SYDNEY McLANEY without plaintiff's. CALVIN TRAYLOR. consent
and for work that was not contracted for or work that was not done.
54. That as a consequent, plaintiff CALVIN TRAYLOR request judgment
against said defendants in the sum of Nineteen Thousand Twenty Four ($19.024.00)
Dollars.
AS AND FOR A FIFTH CAUSE OF ACTION
55. That plaintiffs repeat and reiterate the allegations contained in paragraphs
one (1) through fifty four (54) of this complaint with the same force and effect as if more
fully setforth helow.
56. That defendant, GREGORY NANTON, was negligent. careless and
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plaintiffs'
reckless in his representation of ulaintiffs by failine to make sure that interest
was nrotected at the closing and that monev due and to nlaintiff CA T VIN
helonging
TRAYLOR.
57. That defendant GREGORY NANTON negligently, carelessly and
recklessly allowed the other defends herein to collect and retain money belonging to
plaintiff, CALVIN TRAYLOR. without his consent or permission.
58. That defendant GREGORY NANTON carelessly, recklessly and
negligently allowed SYDNEY McLANEY to transfer the premises in ouestion to
SOLOMON McKENZIE with full knowledge that SYDNEY Mel ANEY is illiterate and
without readine and or exclainine the documents to MR. McLANEY.
59. That said defendants caused MR. McLANEY to transfer said property
without intent.
60. That said defendant negligently, carelessly and recklessly caused MR.
McLANEY to unknowinely transfer the nremises herein to SOLOMON McKENZlE
without receivino any consideration for the transfer
61. That as a consequent, plaintiff CALVIN TRAYLOR request judgment
against said defendant in the sum of Seventy Five Thousand and Twenty Four
($75,024.00) Dollars.
AS AND FOR A SIXTH CAUSE OF ACTION
62. That plaintiffs repeat and reiterate the allegations contained in paragraphs
one (1) through sixty one (61) of this complaint with the same force and effect as if more
fully setforth below.
63. That defendants. MARGO SMITH and CALVIN McKENZIE. assured
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FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 9 of 40 the 24the day of 1/08 and 13391/2005 Order plfs motion having being heard on this SUPREME COURT OF THE STATE OF NEW YORK 'OT TNTY OF KTNGS ------------------________________________________-_____________________Ç CALVIN TRAYLOR and SIDNEY McLANEY, Plaintiffs, INDEX NO: 13391/05 -against- AMENDED SUMMONS MARGO SCOTT, SOLOMON McKENZIE, ELMONT EQUITY, TNC. GREGORY NANTON CHAIM I.1F.CHTUNG MORTGAGF TRUST-SA, CHARLES LIECHTUNG, PRIMA HOMES CONSTRUCTION, AAGR REALTY MANAGEMENT LLC, FFFC f7n/o FIRST FRANKLIN FINANCIAL CORP., DOE" MANHATTAN FINANCIAL COMPANY, "JANE and DOE" "JOHN UNKNOWN and UNNAMED DEFENDANTS. Defendants, ___---------..---__..__________------_____---------------_______--_____________-Y Plaintiffs designate KINGS COUNTY as the place of trial. The basis of venue is the place of residence of Plaintiffs. The plaintiff resides at 216 Hancock Avenue, Brooklyn, New York. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint of this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attomey within TWENTY (20) DAYS after the service of this summons, exclusive of the day of service (or within THIRTY (30) DAYS after the service is complete if this summons is not personally delivered to you within the State of New York): and in case of your failure to appear or answer. judgment will be taken against you by default for the relief request in the complaint. Dated: November 30, 2007 Defendants' Address: MARGO SCOTT SOLOMON McKENZlE 10* 10"' 330 South Avenue 330 South Avenue Mt. Vernon, New York 10550 Mt. Vemon, New York 10550 ELMONT EQUITY, INC. GREGORY NANTON 115 Meacham Avenue, Lower Level 26 Court Street, Suite 1212 Elmont, New York 11003 Brooklyn, New York 11242 I Cross Island Plaza 1 Cross Island Plaza Rosedale, New York 11422 Rosedale, New York 11422 Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 20 of 40 13 91/2005 rder plfs motion having being heard on this the 24the day o MANHATTAN FINANCIAL COMPANY PRIMA HOMES CONSTRUCTION 1238 Curtis Place 7913 Bay Parkway Baldwin, New York 11510 Brooklyn, New York 11214 AAGR REALTY MANAGEMENT LLC FFFC f/n/o FIRST FRANKLIN 10th 330 South Avenue FINANCIAL CORP. Mt. New York 10550 200 White Plains Road - Suite 475 Vernon, Tarrytown, New York 10591 ' RNE R PLAINTIFFS . WES SIMPSON, P.C. IS' 101 al Avenue, Floor Brookly, , New York 1 12.i6 (718) 345 8213 Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 1 of 40 24the day of 13391/2005 Order plfs motion having being heard on this the SUPREME COURT OF THF STATE OF NEW YORK COUNTY OF KINGS _____________________________________________..______________Ç CALVIN 'fRAYLOR and SIDNEY McLANEY, PlaintitTs. AMENDED VERIFIED COMPLAINT -against- MARGO SCOTT, SOLOMON McKENZIE, ELMONT EQUITY, INC, GREGORY NANTON, INDEX #: 13391/05 CHAIM LIECHTUNG MORTGAGE TRUST-SA. CHARLES LIECHTUNG, PRIMA HOMES CONSTRUCTION, AAGR REALTY MANAGEMENT LLC, FFFC f/n/o FIRST FRANKLIN FINANCIAI CORP., MANHATTAN DOE" DOE" FINANCIAL COMPANY. "JANE and "JOHN UNKNOWN and UNNAMED DEFENDANTS, Defendants. _____ ______________---------------________-________________________Ç Plaintiffs, CALVIN TRAYLOR and SIDNEY McLANEY, by their attorney: G. WESLEY SIMPSON. PC complaining of the defendants alleges upon information and belief as follows: 1. That this action is brought pursuant to Article 15 of the Real Property Action and proceedings Law to compel the determination of claims to real property hereinafter described. 2. That at all times, hereinafter mentioned, plaintiffs reside in Brooklyn, New York. 3. That at all times, hereinafter mentioned, plaintiff CALVIN TRAYLOR owned the fee of the nremises known as and located at 216 Hancock Street. Brooklyn New York. 4. That at all times, hereinafter mentioned, defendant MARGO SMITH is a Printed 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 2 of 40 24the day of 1/08 a 13391/2005 Order plfs inotion having being heard on this the . . resident of the State of New York. 5. That at all times, hereinafter mentioned, defendant SOLOMON McKENZlE is a resident of the State of New York. 6. That at all times, hereinafter mentioned, defendant SOLOMON McKENZIE is the son of defendant MARGO SMITH. 7. That at all times hereinafter mentioned, defendant ELMONT EQUITY TNC. is a domestic corporation doing business subject and pursuant to the laws of the State of New York. 8. That at all times hereinafter mentioned, defendant ELMONT EQUITY INC. is a foreign corporation doing business in the State of New York subject and pursuant to the laws of the State of New York. 9. That at all times hereinafter mentioned, defendant MANHATTAN FINANCIAL COMPANY is a domestic corporation doing business subject and pursuant to the laws of the State of New York. 10. That at all times hereinafter mentioned, defendant MANHATTAN FINANCIAL COMPANY is a foreign corporation doine business subiect and pursuant to the laws of the State of New York. 1 1. That at all times hereinafter mentioned, defendant CHAIM LIECHTUNG MORTGAGE TRUST-SA is a foreign corporation doine business in the State of New York subject and pursuant to the laws of the State of New York. 12. That at all times hereinafter mentioned, defendant CHAIM LIECHTUNG MORTGAGE TRUST-SA is a domestic corporation doing business in the State of New York subject and pursuant to the laws of the State of New York. Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 1/08 and there being an opposlflðñ. It 3391/2005 Order plfs motion having being heard on this the 24the day of . . 13. That at all times hereinafter mentioned, defendant PRIMA HOMES CONSTRUCTION is a foreign corporation doing business in the State of New York subject and pursuant to the laws of the State of New York. 14. That at all times hereinafter mentioned. defendant PRIMA HOMES is a domestic corporation doing business subject and pursuant to the laws of the State of New York. 15. That at all times hereinafter mentioned, defendant FFFC f/n/o FIRST FRANKLIN FINANCIAL CORP., a foreign corporation doing business in the State of new York subject and pursuant to the laws of the State of New York. 16. That at all times hereinafter mentioned, defendant FFFC f/n/o FIRST FRANKLIN FINANCIAL CORP. is a domestic corporation doing business subject and pursuant to the laws of the State of New York. 17. That at all times hereinafter mentioned. defendant CHARLES LIECHTUNG is a resident of the State of New York. 18. That at all times hereinafter mentioned, defendant GREGORY NANTON is a resident of the State of New York. 19. That at all times hereinafter mentioned. defendant GR FGGRY N ANTON is an attorney duly licensed to practice law in the State of New York. 20. That at all times hereinafter mentioned, defendant AAGR REALTY MANAGEMENT LLC is a foreign corporation doing business in the State of New York subient and nursuant to the lawm of the State of New Vark 21. That at all times hereinafter mentioned, defendant AAGR REALTY Printed 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 4 of 40 13391/2005 Œrder plfs motion having being heard on th MAMAGEMENT LLC is a domestic corporation doing business subject and pursuant to the laws of the State of New York. DOE" 22. That at all times, hereinafter mentioned. defendants "JANE and DOE" "JOHN reside in the state of New York. 23. That at all times hereinafter mentioned, CALVIN TRAYLOR had some problem with violations on his property. 24. That CALVIN TAYLOR'S friend, SIDNEY McLANEY, referred him to MARGO SMITH to help him resolve the problem he was having with his premises. 25. That MARGO SMITH suggested that CALVIN TAYLOR make a straw transfer of his premises to his friend SIDNEY McLANEY and take some money out to fix the premises and remove the violations. 26. That at all times, hereinafter mentioned, defendants knew that plaintiffs are senior citizens and that SIDNEY McLANEY is illiterate. 27. That thereafter Defendant MARGO SMITH took over the process of obtaining the mortgage for nlaintiff. CALV IN TRAYLOR. 28. That defendant MARGO SMITH obtained a mortgage in the amount of OAA 000 00 cm nInintifec hebelf 29. That after the existing mortgages were paid and closing expenses satisfied the balance remaining was to go to plaintiff, CALVIN TRAYLOR to fix his home and remove the violations. 30. ELMONT EQUITY INC., bought the premises with full knowledge that the transfer from SIDNEY McLANEY to SOLOMON McKENZIE was not valid 31. That on or about March 17, 2003 a closine was executed in this matter and Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 5 of 40 13391/2005 Order plfs motion having being heard on this th plaintiffs were represented by GREGORY NANTON, ESQ. an attorney secured by defendant: MARGO SMITH. AS AND FOR A FIRST CAUSE OF ACTION 32. That at all time plaintiffs are and remain the lawful owners of the premises known as and located at 216 Hancock Avenue. Brooklyn, New York and described as follows: ALL that certain plot or parcel of land. with the building and improvements thereon erected, situated, lying and being in the Borough of Brooklyn, County of Kings, City and State of New York. hounded and described as follows: REGfNNING at a noint on the southerly side of Hancock street, distance of 133 feet 8 inches westerly from the southwesterly corner of Hancock Street and Marcy Avenue: RUNNING THENCE southerly narallel with Marcv Avenue and nart of the distance throuuh a narty wall 100 feet to the center line of the block: THENCE westerly alone said center line of the block and parallel with Hancock Street: 16 feet 8 inches: THENCE northerly parallel with Marcy Avenue and part of the distance through a party wall 100 feet to the southerly side of Hancock Street; THENCE easterly along the southerly side of Hancock Street, 16 feet 8 inches to the point or place of BEGINNING. 33. That plaintifTCALVIN TRAYLOR acquired his premises by virtue of a 13th transfer by deed dated the day of September 1996 from GRANT and MAXINE NESMITH. 34. That by deed dated January 3, 2003 plaintiff, CALVIN TRAYLOR made a straw transfer to his friend. plaintiff, SYDNEY McLANEY. 35. That thereafter defendant. SOLOMON McKEN7JE fraudulentiv made a transfer from plaintiff, SYDNEY McLANEY to defendant SOLOMON McKENZIE. Printed 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 6 of 40 24t 13391/2005 Order plfs motion having being heard on this the 26th 36. That by deed dated the day of January 2005, defendant, SOLOMON McKENZIE transferred the said premises to defendant ELMONT EQUITIES INC. 37. That. any and all claims that defendants had and or claims defendants may have to said premises described herein are invalid and secured by fraud, misrepresentation, duress, breach of trust and or breach of fiduciary responsibility and of no force. 38. That the defendants are known and none are infants, mentally retarded, mentally ill or alcohol abusers. 39. That any judgment entered herein will not affect any person or persons not in being or ascertained at the commencement of this action. who by any contineency contained in a devise or erant or otherwise, could afterward become entitled to be a beneficial estate or interest in the aforesaid premises. 40. That every person in being who would be entitled to or have an interest in the premises immediately before the commencement of the action is named as a party hereto. 41. Plaintiffs demand judgment that defendants and all persons claiming under them or under any of them be forever barred to any claims estate or interest in the oronerty described herein: that it be adjudged and finally determined that the olaintiffs are the ri ghtful owners and are vested with an absohite unencumbered fee to the nrnnerty described herein; That the sole and complete possession of said premises described in this complaint be awarded to the plaintiffs and that plaintiffs remain in possession thereof AS AND FOR A SECOND CAUSE OF ACTION 42. That olaintiffs repeat and reiterate the allenations contained in oaragraphs Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 '77 of 40 the 24t 13391/2005 Order plfs motion having being heard on this one (1) through forty one (41) of this complaint with the same force and effect as if more fully setforth below. 43. That defendant FFFC f7n/o FIRST FRANKLIN FINANCIAL CORP. failed to turn over the moneys remaining after the straw transfer from plaintitT, CALVIN TRAYLOR to his friend SIDNEY McLANEY an amount totaling about $56,000.00. 44. That CHARLES UECHTUNG, the attorney and agent for FFFC f/n/o FIRST FRANKLIN FINANCIAL CORP. and the bank's representative at the closing failed to turn over to plaintiff CALVIN TRAYLOR to ftmds remaining after the closing expenses and payoffs were deducted, in the sum of approximately $56,000.00 45. That defendant CHAIM LIECHTUNG MOR'fGAGE TRUST-SA failed to turn over to plaintiff CALVIN TRAYLOR to funds remaining after the closing expenses and payoffs were deducted. in the sum of approximately $56.000.00 46. That plaintiff CALVIN TRAYLOR request judgment against said defendants in the sum of $56,000.00 and punitive damages in the amount of $10,000,000.00 plus interest and costs. AS AND FOR A THIRD CAUSE OF ACTION 47. That plaintiffs repeat and reiterate the allegations contained in paragraphs one (1) through forty six (46) of this complaint with the same force and effect as if more fully set-forth below. 48. That defendants: AAGR REALTY MANAGEMENT LLC and PRIMA HOMES CONSTRUCTION are owned by defendants: MARGO SMITH and SOLOMON McKENZIE. 49. That said defendants collected and kept moneys belonging to plaintiff, Printed: 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 RECEIVED NYSCEF: 11/23/2022 8 of 40 the 24the day ofl/ ) 15391/2005 Order plfs motion having being heard on this CALVlN TRAYLOR without said plaintiff's consent or approval totaling over $56,000.000. 50. That plaintiff CALV1N TRAYLOR request judgment against said defendants in the sum of $56.000.00 olus interest and costs. AS AND FOR A FOURTH CAUSE OF ACTION 51. That plaintiffs repeat and reiterate the allegations contained in paragraphs one (1) through fifty (50) of this complaint with the same force and effect as if more fully setforth below. 52. That defendants: AAGR REALTY MANAGEMENT LLC and PRIMA HOMES CONSTRUCTION are owned by defendants: MARGO SMITH and SOLOMON McKENZIE. 53. That said defendants collected money at the closing between CALVIN TRAYLOR and SYDNEY McLANEY without plaintiff's. CALVIN TRAYLOR. consent and for work that was not contracted for or work that was not done. 54. That as a consequent, plaintiff CALVIN TRAYLOR request judgment against said defendants in the sum of Nineteen Thousand Twenty Four ($19.024.00) Dollars. AS AND FOR A FIFTH CAUSE OF ACTION 55. That plaintiffs repeat and reiterate the allegations contained in paragraphs one (1) through fifty four (54) of this complaint with the same force and effect as if more fully setforth helow. 56. That defendant, GREGORY NANTON, was negligent. careless and Printed 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM INDEX NO. 12592/2008 NYSCEF DOC. NO. 107 9 of 40 RECEIVED NYSCEF: 11/23/2022 on this the 24ib 13391/2005 ( rder plfs motion having being heard plaintiffs' reckless in his representation of ulaintiffs by failine to make sure that interest was nrotected at the closing and that monev due and to nlaintiff CA T VIN helonging TRAYLOR. 57. That defendant GREGORY NANTON negligently, carelessly and recklessly allowed the other defends herein to collect and retain money belonging to plaintiff, CALVIN TRAYLOR. without his consent or permission. 58. That defendant GREGORY NANTON carelessly, recklessly and negligently allowed SYDNEY McLANEY to transfer the premises in ouestion to SOLOMON McKENZIE with full knowledge that SYDNEY Mel ANEY is illiterate and without readine and or exclainine the documents to MR. McLANEY. 59. That said defendants caused MR. McLANEY to transfer said property without intent. 60. That said defendant negligently, carelessly and recklessly caused MR. McLANEY to unknowinely transfer the nremises herein to SOLOMON McKENZlE without receivino any consideration for the transfer 61. That as a consequent, plaintiff CALVIN TRAYLOR request judgment against said defendant in the sum of Seventy Five Thousand and Twenty Four ($75,024.00) Dollars. AS AND FOR A SIXTH CAUSE OF ACTION 62. That plaintiffs repeat and reiterate the allegations contained in paragraphs one (1) through sixty one (61) of this complaint with the same force and effect as if more fully setforth below. 63. That defendants. MARGO SMITH and CALVIN McKENZIE. assured Printed 4/22/2015 FILED: KINGS COUNTY CLERK 11/23/2022 01:40 AM