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  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
  • Loan Funder Llc, Series 8800 v. Suffolk Home Rehab Llc, Kabir Javaid, Town Supervisor Town Of Brookhaven, Nys Department Of Taxation & Finance, John Doe 1-10 TenantsReal Property - Mortgage Foreclosure - Commercial document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 SIXTH DISTRICT COURT: STATE OF NEW YORK COUNTY OF SUFFOLK: LANDLORD TENANT --------------------------------------------------------------------x Index No.: Lt-2023-23/BR Suffolk Home Rehab, LLC Petitioners (Landlords), Notice of Entry -against- Ammad Hassan, Sona Nadiryan and John Doe (1-3) Jane Doe (1-3), 35 Thomas Street, Coram, New York 11727 Respondents (Tenants).(Address) -------_______________________________________________________________Ç AFFIRMATION OF SERVICE NOTICE OF ENTRY OF AN ORDER __ . _____ _______ - . . -- --- AFFIRMATION OF SERVICE - . . - . . . . . . . . - . . - . - . . - - RODNEY DRAKE, ESQ. Attorney for Petitioner Office Address: 600 Johnson Avenue, Suite A-8 Bohemia, New York 11716 (631) 563-4521 FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 STATE OF NEW YORK, COUNTY OF SUFFOLK AFFIRMATION OF SERVICE State of New York } } ss.: County of Suffolk } I, Rodney Drake, an attorney duly admitted to practice in the State of New York, with offices at 600 Johnson Avenue, Suite A-8, Bohemia, New York 11716, affirm as follows under penalties of perjury: I am not a party to the within action; I am over 18 years of age; On January 4, 2024, I personally served the within NOTICE OF ENTRY OF AN ORDER, upon: Alicia M. Menechino Esq. ALICIA M. MENECHINO, P.C. 545 Main Rd, Riverhead, NY 11901 Phone: (631) 779-3888 Service E-mail:nycounselor@hotmail.com Attorney for respondents [] By delivering a true copy thereof personally to each person named above at the address indicated. I knew the party served to be counsel for the Plaintiff herein. [XXX } by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York, by Certified Mail. [ ] by sending, via facsimile, a true copy thereof, to telefax phone number Annexed hereto is the journal of transmission of the facsimile machine. [XX] By emailing a copy of the notice of Entry of the order to Counsel for Respondents Affirmed January 4, 2024 RODNEY DRAKE ADMISSION OF SERVICE Due service of the within instrument hereby is admitted. Dated: FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 Service" U.S. Postal CERTIF1EtAMAIL® RECEíPT Domestic MaitOnly m owrc1At CertifiedMailFee uss . co J'fi ,§ s $0.00 . OE. ExtraServices&Fees(checkbox,addfee ) ¤ Retum Receipt (hardcopy) $ . - - - Retum Recelp' (electmnic; $ POStrnarl( MailRestricted certified fa:ñverf $ 0-l - UU Here AdultSignatureReqdra) $ $ Ir Restricted AdultSignature $ Dellvary Postage $0 r s . 01 04 202 goand Fees $ cO SentTo ' ¬ *" O ·\treet ., or PU **"°2terthro I½B t /50/ FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 DISTRICT COURT OF THE STATE OF NEW YORK SUFFOLK COUNTY: SIXTH DISTRICT PRESENT: INDEX NO.: LT-2023-23/BR HON. JANIES F. MATTHEWS Hearing Date: 11-29-2023 SUFFOLK HOME REHAB, LLC, . . Attorneys for Petitioner Petitioner(s) Rodney Drake, Esq. .800 Johnson Avenue, Ste. A-8 -against- Bohemia, New York 11716 AMMAD HASSAN, SONA NADIRYAN, et a1, Attorney for Respondents Alicia M. Menechino, PC . Respondent(s). . 545 Main Road Riverh%ãd, Néw York 11901 This matter came on for a hearing o the merits of the petition on November 29, 2023. This summary proceeding was commenced based upon respondents holding over after having been served with a 90-day notice to quit. Certain facts are not in dispute. Petitioner is the owner of the pmmises. It was the intention of the parties that mspondents would secure financing to acquire ownership of the property. Upon that expectation, respondents made substantial payrnents in the form of $17,000 plus other alleged payments paid at or around the time of the closing at which petitioner became the owner of the property and thereafter payments of the petitioner's mortgage as well as the taxes and insurance from April of 2019 until June of 2020. No payments have been made since June of 2020 to the present and continuing. Petitioner testified that he entered into a ænt with option to buy oral agmement with mspondents and that it acquired title to the premises as a means to assist respondents in eventually acquiring title. Respondents claim that no landlord tenant stationship exists based upon all of the circumstances and that they have made substantial Improvements on the property. Petitioner claims that he cannot afford to carry the property and that mspondents have had ample time in which to obtain a mortgage to acquire the property but never did so. There are no written agreements memorializing any of these understandings. Petitioner seeks to obtain possession of the-property forthe purpose of selling it and paying off the mortgage which Is now in default. The lender had commenced a foæclosum proceeding in the . . Supreme Court, Suffolk County in which respondents cross-claimed against petitioner alleging that .substantial payments weæ made to petitioner·towards the purchase of the property at an agreed upon price and that they were entitled to slief against petitioner based on various grounds, including fraudulent inducement; constructive trust, equitable estoppel, quiet title and conversion. The Supreme Court, Suffolk County (Hackeling, J.) issued an order dismissing the cross-claims as lacking merit and because there was no written agreement and thus the claims if granted would violate the statute of frauds as set forth in General Obligations Law §5-703. The court agrees with mspondent that a landlord-tenant relationship did not and does not exist on these facts. However, the court finds that respondents were licensees and that this summary holdover proceeding lies pursuant to RPAPL §713(7). See Nauth v. Nauth, 42 Misc.3d 672, 674 (Civ.Ct. Bronx Co. 2013 ("...a licensee in a landlord/tenant context is generally defined as someone who is granted permission to use and/or occupy the subject premises (citations omitted)". FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 Suffolk Home Rehab. v. Hassan, et al Index Number. LT-2023-23/BR James F. Matthews, District Court Judge . Pige 2 of 2 With respect to petitioner's request for payment of use and occupancy, the court denies the requested relief. Petitioner did not establish a landlord-tenant relationship. There is no written agreement that establishes an obligation to pay rent. Moreover, there was no testimony as to an oral agreement to pay rent. Under these facts, petitioner is not entitled to a money judgment for rent or use and occupancy. The court's determination is limited to the findings made herein. Specifically, the court finds that respondents are Ilcensees within the meaning of RPAPL §713(7) and that after service of a sufficient predicate notice, petitioner established entitlement to possession of the premises. Nothing in this determination shall constitute a ruling an any issue raised in the Supreme Court, Suffolk County. Petitioner is therefore entitled. to a judgment of possession and warrant of eviction without stay for the stated reasons. Dated December 1, 2023 Patchogue, New York HO JAMES F. MATTHEWS. Check one: X Final Disposition Non-final Disposition FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 --...--- _...--.. ....__ .--.....___......._ _..--... ............_ - - ... _____......_____ __...__ _-- _--.......____ __..-___ -...--___...._ _....---.... - _.---__ SIXTH DISTRICT COURT: STATE OF NEW YORK Index No.: Lt-2023-23/BR COUNTY OF SUFFOLK: LANDLORD TENANT _________-_________________________---_________-_________________________ Suffolk Home Rehab, LLC Petitioners (Landlords), -against- . Ammad Hassan, Sona Nadiryan and John Doe (1-3) Jane Doe (1-3), 35 Thomas Street, Coram, New York 11727 Respondents (Tenants). (Address) ___________________________________________-----------___________________________-_________ NOTICE OF ENTRY RODNEY DRAKE ATTORNEY FOR PETITIONER OFFICE AND POST OFFICE ADDRESS, TELEPHÖNE 600 Johnson Avenue, Suite A-8 Bohemia, New York 11716 (631) 563-4521 ___----____________________-________..__________________________________________-____________ To: ATTORNEY(S) FOR PLAINTIFF ______________________________________________________________---___________--__________________ SERVICE OF A COPY OF THE WITHIN IS HEREBY Admitted. Dated, ATTORNEY(S) FOR ---_______________________________________________________-_______________________________ Sir: - Please take notice NOTICE OF ENTRY that the within is a (certified) true copy of an duly entered in the office of the clerk of the within named court on , 2023 . . NOTICE OF SETTLEMENT THAT AN ORDER OF WHICH THE WITHIN IS A TRUE COPY WILL BE PRESENTED FOR SETTLEMENT TO THE HONORABLE ONE OF THE JUDGES OF THE W1THIN NAMED COURT, AT ON 2023 AT PM DATED, Yours, etc. RODNEY DRAKE ATTORNEY FOR-PETITIONER POST OFFICE ADDRESS, TELEPHONE 600 Johnson Avenue, Suite A-8 Bohemia, New York 11716 (631) 563-4521 Certification by Attorney The undersigned, an attorney duly admitted to practice in the Courts of the State of New York, shows: I certify that, to the best of my knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the paper(s) listed above or contention(s) herein are not frivolous as defined in subsection (c) of section 130-1-1. Rodney Drake FILED: SUFFOLK COUNTY CLERK 01/25/2024 05:59 PM INDEX NO. 609974/2023 NYSCEF DOC. NO. 106 RECEIVED NYSCEF: 01/25/2024 SIXTH DISTRICT COURT: STATE OF NEW YORK Index No.: Lt-2023-23/BR COUNTY OF SUFFOLK: LANDLORD TENANT -.--...-___.--...-.____--......__.---___- - --.-----.-------.---_.---------.-----.___-----....---------------___--..---------.---___- Suffolk Home Rehab, LLC Petitioners (Landlords), -against- Ammad Hassan, Sona Nadiryan and John Doe (1-3) Jane Doe (1-3), 35 Thomas Street, Coram, New York 11727 Respondents (Tenants). (Address) __-___-___--_______-__---.--______-----______-__-__-________________________________________________ AFFIRMATION OF SERVICE OF NOTICE OF ENTRY OF AN ORDER _________________-____________-________________________________________________________________________________________ RODNEY DRAKE ATTORNEY FOR PETITIONER OFFICH AND POST OFFICE ADDRESS, TELEPHONE 600 Johnson Avenue, Suite A-8 Bohemia, New York 11716 (631) 563-4521 _______________ ______.__________________.______________________________________..________________________________ To: ATTORNEY(S) FOR PLAINTIFF ________________________________________________________________________________________________________.._________ SERVICE OF A COPY OF THE WITHIN IS HEREBY Admitted Dated, ATTORNEY(S) FOR __________ __________________________________________ _______________________________________ __________ Sir: - Please take nötice NOTICE OF ENTRY that the within is a (certified) true copy of an duly entered in the office of the clerk of the within named court on , 2023 NOTICE OF SETTLEMENT THAT AN ORDER . OF WHICH THE WITHIN IS A TRUE COPY WILL BE PRESENTED FOR SETTLEMENT TO THE HONORABLE ONE OF THE JUDGES OF THE WITHIN NAMED COURT, AT ON 2023. AT PM DATED, Yours, etc. RODNEY DRAKE ATTORNEY FOR PETITIONER POST OFFICE ADDRESS, TELEPHONE 600 Johnson Avenue, Suite A-8 Bohemia, New York 11716 (631) 563-4521 Certification by Attorney The undersigned,. an attorney duly admitted to practice in the Courts of the State of New York, shows: I certify that, to the best of my knowledge, information and belief formed after an inquiry reasonable under the circumstances, the presentation of the paper(s) listed above or contention(s) herein are not frivolous as defined in subsection (c) of section 130-1-1 Rodney Drake