On August 24, 2021 a
EXHIBIT(S) - H (Motion #001) - Affirmation Pursuant to CPLR Rule 3408 and RPAPL Section 1304
was filed
involving a dispute between
Charter Oaks Condominium Board Of Managers,
and
And John Doe #1 Through John Doe #100,
Calvalry Spv I, Llc,
Discover Bank,
Marie Papchatzis,
for Real Property - Other (Liens for Common Charges)
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022
EXHIBIT H
FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
CHARTER OAKS CONDOMINIUM BOARD OF
MANAGERS,
AFFIDAVIT
Plaintiff, PURSUANT TO CPLR
RULE 3408 AND
v. RPAPL SECTION
1304
MARIE PAPACHATZIS;
DISCOVER BANK;
CALVALRY SPV I, LLC
" #1"
AND JOHN DOE THROUGH "JOHN DOE #100", Index No. 811747/2021
Defendants.
STATE OF NEW YORK )
COUNTY OF ERIE ) ss.:
Mark Ellmann, being duly sworn, alleges as follows:
1. I am President of Charter Oaks Condominium Board of Managers
("Plaintiff").
2. This action is not subject to the mandatory settlement conference provisions
of CPLR Rule 3408 or Section 3-a of Chapter 472 of the Laws of 2008 as this action is not a
foreclosure action on a home loan as that term is defined in Section 1304 of the Real Property
Actions and Proceedings Law and Section 6-1 of the Banking Law. Pursuant to such
provisions, a home loan is defined as being a loan secured by a mortgage.
3. This action is for the foreclosure of common charge assessments, not a loan
secured by a mortgage.
FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022
4. I understand that the court will rely on the truthfulness of the matters set forth
herein.
Mark Ellmann, President of Charter Oaks
Condominium Board of Managers
Sw rn to before me this
4 day of November, 2021,
Notary Public .
JEAN
18 of New Yo&
Pu
Notary
Qua Erie Cou ty
Commiss en Expires 1
My
Attorney for Plal tl
Document Filed Date
January 04, 2022
Case Filing Date
August 24, 2021
Category
Real Property - Other (Liens for Common Charges)
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FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022 EXHIBIT H FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE CHARTER OAKS CONDOMINIUM BOARD OF MANAGERS, AFFIDAVIT Plaintiff, PURSUANT TO CPLR RULE 3408 AND v. RPAPL SECTION 1304 MARIE PAPACHATZIS; DISCOVER BANK; CALVALRY SPV I, LLC " #1" AND JOHN DOE THROUGH "JOHN DOE #100", Index No. 811747/2021 Defendants. STATE OF NEW YORK ) COUNTY OF ERIE ) ss.: Mark Ellmann, being duly sworn, alleges as follows: 1. I am President of Charter Oaks Condominium Board of Managers ("Plaintiff"). 2. This action is not subject to the mandatory settlement conference provisions of CPLR Rule 3408 or Section 3-a of Chapter 472 of the Laws of 2008 as this action is not a foreclosure action on a home loan as that term is defined in Section 1304 of the Real Property Actions and Proceedings Law and Section 6-1 of the Banking Law. Pursuant to such provisions, a home loan is defined as being a loan secured by a mortgage. 3. This action is for the foreclosure of common charge assessments, not a loan secured by a mortgage. FILED: ERIE COUNTY CLERK 01/04/2022 12:17 PM INDEX NO. 811747/2021 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/04/2022 4. I understand that the court will rely on the truthfulness of the matters set forth herein. Mark Ellmann, President of Charter Oaks Condominium Board of Managers Sw rn to before me this 4 day of November, 2021, Notary Public . JEAN 18 of New Yo& Pu Notary Qua Erie Cou ty Commiss en Expires 1 My Attorney for Plal tl