Legal Document: Leon Simon, Grace Edwards Simon v. Bernard E Lewis, Coleen Weaver Aka Coleen Whyte As Administrator Of The Ethans Estate Trust

On September 19, 2023 a EXHIBIT(S) - l (Motion #15) - Summons & Complaint was filed involving a dispute between Grace Edwards Simon, Leon Simon, and Bernard E Lewis, Coleen Weaver Aka Coleen Whyte As Administrator Of The Ethans Estate Trust, for Real Property - Other (Adverse Possession) in the District Court of Bronx County.

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EXHIBIT L
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SUPREME COURT OF THE CITY OF NEW YORK
COUNTY OF BRONX
ceca cenacieenemmencsawas
gemmennteemens cere wes snaeenmnemeement
SHERELL REECE-DISTANT INDEX NO.
Plaintiff(s),

-against- SUMMONS:

ELVIS GABRIEL, AUDIS DIAZ AND
CLAUDE SABIOCHE Plaintiff designates Bronx
County, as place of trial.
The Place of Venue is
Defendant(s). Plaintiff's residence and
Situs of the Real Property
i RINNE T SRST EMMN,

TO THE ABOVE NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer in this action and to serve a copy of
your answer, at the Civil Court, 851 Grand Concourse, in the County of Bronx City and State of
New York or if the complaint is not served with this summons, to serve a notice of appearance
on the attorney for the plaintiff within twenty (20) days after service of this summons, exclusive
of the day of service or within thirty (30) days after 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 demanded in the
complaint.

NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT: Specific performance
of a contract to purchase real property

THE OBJECT of the above captioned action is to obtain an Order to enforce “Specific
Performance” under the Deed, to effectuate the transfer of said premises known as 3512 Laconia
Avenue, Bronx, New York. To obtain a Monetary Judgment representing costs and fees relating
to said transaction. Plaintiff designates Bronx County as the place of trial. Venue is based upon
the County in which Plaintiff lives, and the situs of the subject real property

Dated: November 10, 2016
Bronx, New York

SHERELL REECE-DISTANT
843 East 221" Street
Bronx, New York 10467
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
SR CR BEE ER RTT STEERER TTR,
SHERELL REECE-DISTANT Index No. _

Plaintiff,

~against- VERIFIED COMPLAINT

ELVIS GABRIEL, AUDIS DIAZ &
CLAUDE SABIOCHE

Defendants.
om XxX

1 Plaintiff. Sherell Reece Distant resides in Bronx County, New York

2 The real property, the subject of the instant action, is known as and by 3512

Laconia Avenue, Bronx, Block 4507, Lot 13, located in Bronx County New York.

3 The defendant Elvis Gabriel, Claude Sabioche resides in the State of New York.

upon information and belief Audis Diaz, maintains property in the State of New York

AS AND FOR PLAINTIFF’S FIRST CAUSE OF ACTION

FOR SPECIFIC PERFORMANCE OF CONTRACT OF SALE

4 Plaintiff re-pleads paragraphs herein numbered | through 3 with the same force

and effect as though more specifically plead herein.
<
5 That on or about November 3, 2015, plaintiff entered into a contract of sale with

the defendant Elvis Gabriel for the purchase of real property known as and by 3512 Laconia

Avenue, Bronx, New York and also knows as Block 4705, Lot 13.

SEE EXHIBIT “A”

6 The contract of sale provides in pertinent part the closing of this transaction will

take place upon purchaser obtaining a mortgage commitment for the sum of $367,000.00 within

forty-five (45) days of the execution of the execution of this contract of sale or that the purchaser
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may complete the purchase without mortgage financing.

7 The plaintiff was ready, willing and able to close title pursuant to the terms of the

contract of sale.

8 The plaintiff has demanded of seller to accept the balance of the contract price

and close title pursuant to the terms of the contract of sale. The defendants have violated the

terms of the closing of title, and the defendants have refused all of plaintiff's demands to close

title.

9 The plaintiff demands judgment against the defendants for Specific Performance

of the contract of sale by the defendants.

AS AND FOR PLAINTIFF'S FIRST CAUSE OF ACTION FOR DAMAGES

Plaintiff re-pleads and re-affirms paragraphs of the complaint | through 9 as though more

specifically re-plead herein with the same force and effect

10. Plaintiff and defendants negotiated the contract of sale both with the knowledge

that the improvements on the real property required extensive rebuilding, repairs, and

rehabilitation, and as such the plaintiff would hire builders/contractors to rebuild and rehabilitate

the improvements.

ll. The plaintiff relied on the contract of sale and she hired architects, builders and

contractors to perform the work necessary to rebuild the improvement. The plaintiff has

expended large sums of monies in hiring the services of the architect, and contractor and the

deposits to the architect and contractor has been defaulted for the reason that the defendant

refused to close title and give possession to the plaintiff.

AS AND FOR PLAINTIFF'S SECOND CAUSE OF ACTION FOR DAMAGES

Plaintiff re-pleas paragraphs number | through 11 with the same force and effect as
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though more specifically pleaded herein.

12. Plaintiff in preparation for closing of title, relied on the contract of sale and did

hire an attorney, did order a title search of the property, did order a new land survey of the

property, did expend monies to conduct due diligence and engineer’s survey and report of the

subject property, all paid exclusively by the plaintiff. The interest on the monies set aside to

close title and for the costs and expenses for the rehabilitation and reconstruction of the property

continues to accrue each day that the defendant refuse to close title.

WHEREFORE, Plaintiff demands judgment against the defendants for specific
.

performance of the contract of sale to close and deliver title of the real property and

improvements to plaintiff pursuant to the terms of the contract of sale

Plaintiff demand judgment against the defendant for damages including but not limited to

additional contractors costs, additional constructional costs, fees, expenses, additional legal fees.

Plaintiff demands judgment against the defendants for additional interest expenses

additional] title fees and expenses, additional architectural fees and costs and for all further relief

as to the Court deems just and proper.

Dated: November 10, 2016
Bronx, New York

Ss
SeatLL REE STANT .
843 East 221" Street
Bronx, New York 10467
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SUPREME COURT OF THE STATE NEW YORK
COUNTY OF BRONX
weweenene nese ic sat ee mi meme een,
SHERLL REECE-DISTANT INDEX NO.: es

Plaintiff,

-against-

ELVIS GABRIEL, AUDIS DIAZ, AND VERIFICATION
CLAUDE SABIOCHE

Defendants
Xx

STATE OF NEW YORK )
)
COUNTY OF BRONX ) ss.:

SHERELL REECE-DISTANT, being duly sworn, deposes and says:

1. That I am the purchaser of 843 East 221‘ Street, Bronx, New York, and the plaintiff 1

this action.

2 That I have read the foregoing Verified Complaint.

3. That the same is true to my own knowledge. and I verify the statements made in the

complaint.

DS Dt
SHERELL REECE-DISTANT

Ley 4
Sworn to before
f Mai

‘ NOTARY PUBLIC VAY A, 2+
NOTARY PUBLIC-STATE OF ST YO" eS
No, O2LE6080515
‘Qualified in Bronx County’
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EXHIBIT “A”
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g sdontitl Contract of Sale 11-2006
Real Property Law
Jou nreph id by the ite Iroperty Section of the New York State Bar Association. the New York State La Fitie Association, the Committee
af the Aysocion nf the Bor of the Cay of New York and the Committee on Real Property Law of the New York ‘ounty Lawyers Association
OF REAL ESTATE
WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE
COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW (“PLAIN LA! UAGE").

CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT

NOT IRE AND CASE ALTY LOSSES AND CONDEMNATION
This contract form does not provide for what happens in the event of fire. or other casuaity Joss or condemnation
law makesa
before the title closing. Uniess different provision is
Purchaser responsible for fire and casualty toss upon
made in this contra Section $-1311 of the General Law
Obligations will apply. One part of that
taking pos: sstan of fl e Premises before the title closing
Residential Contract of Sale
Contract of Sale mate as of NOVEMBER 3, 2015 BETWEEN
ELVIS GABRIEL
Address: 1657 TILLOTSON AVENUE. BRONX,NY
Social Security NumberFed. 1.D. No.(s): hereinafter called “Selter™ and
SHERELL REECE-DISTANT. to be assigned to Corporation once
formed
Address: 3274 Boston Road. Bronx, New York 10469
Social Security Number/Fed. 1.D. No.(s): hereinafter called “Purchaser”

‘The parties hereby agree as follows:
Seller shall sell and convey and Purchaser shall Excluded from this sale are furniture and household furnishings and
Premises.
pure ¢ the property. together with all buildings and improvements
thereon (collectively. the Premise: ). more fully described on a
separate page marked Schedule annexed hereto and made a part
hereof and also known ay: 3. Purchase Price. The purchase price is $490,000.00 payable as
Street Address: 3512 LACONIA AVENUE follows:
Tax Map Designation:
ta) On the signing of this contract, by Purchaser's good check payable
subject to collection, the
Together with S 1's ownership and rights, if any. to land lying in to the Escrowee (as hereinafter defined).
the bed of any street or highway. opened of proposed. adjoining the receipt of which is hereby acknowle d. to be held in escrow
Premises to the center line thereof, including any right of Seller to any pursuant to paragraph 6 of this contract (the “Downpayment”)
unpaid award hy reason of any taking by condemnation and/or for any $ 10.000.00
damage to the Premises by reason of change of grade of any street or b) By allowance for the principal amount unpaid on the existing
highway Seller shall deliver at ao additional cost to Purchaser. at mortgage on the date hereof. payment of which Purchaser shall
Closing (as hereinafter defined). or thereafier. on | demand. any assume by joinder in the deed $
documents that Purchaser may reasonably require f conveyance
of such tithe and the assignment and collection of such award or «) By a purchase money note and mortgage fromPurchaser to Seller:
damages $
(d) Balance at Closing in accordance with paragraph 7:
2, Personal Property. fhis sale also includes all fixtures and
$480,000.00
arti of personal property now attached or appurtenant to the
Premises. unless specifically excluded below Seller represents and 4. Existing Mortgage. (Delete if inapplicable) It this sale is subject to
warrants that at Closing they will be paid for and owned by Seller. an existing mortgage as indicated in paragraph 3(b) above
free and clear of all liens and encumbrances. except any existing {a) The Premi: s shall be conveyed subject to the continuing lien of the
mongage to which this sale may be subject. They include. but are not
existing mortgage. which is presently payable, with interest at the
limited to. plumbing. heating lighting and cooking fistures.
chandeliers. bathroom and Kitchen cabinets and counters. mantels,
rate of percent per annum. in monthly installments of $
door mirrors, switch plat and door hardware. venetian blinds. which include principal, interest and escrow amounts. if any.
window treatments. shades. screens, awnings. storm windows. storm and with any balance of principal being due and payable on
doors. window boxes. mail bos, TV aerial: weather vance. flagpole.
pumps. shrubbery. fencing. outdoor statuary. tool shed. dishwasher. (b) To the extent that any required payments are made on the existing
washing machine. clothes dryer. garbage disposal unit, range. oven mortgage between the date hereof and Closing which reduce the
built-in-microwave oven, retrigerator. freezer. air conditioning unpaid principal amount thereof below the amount shown in
equipment and installations. wall to wall carpeting and buil not paragraph 3¢b). then the balance of the price payable at Clo:
excluded below (strike out mapplicable items) under paragraph 3(d) shall be increased by the amount of the
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past of principal Seller represents and warrants that the until Closing or sooner termination of this contract shall pay over or
amount awit in paragraph 3(b) is substantially correct and apply the Downpayment in accordance with the terms of this
agrees that only payments required by the existing mortgage paragraph. Escrowee shall hold the Downpayment in a(n) NON
will be made betwcen the date hereof and Closing. interest-bearing account for the benefit of the parties. If interest is
fc} If there is 4 mortgagee es crow account, eller shall assign it to held for the benefit of the parties. it shall be paid to the party
it-can be igned. and in that case Purchaser entitled to the Downpayment and the party rec ing the interest
Purchaser.
shall pay the amount in the eserow account to Seller at shall pay any income taxes thereon. If interest is not held for the
benefit of the parties, the Downpayme nt shall be placed in an TOLA
Clo:
(Wd Seller sI ali d del
de! Liv er to Purchaser at Closing a certificate dated account or as otherwise permitted or required by law. The Social
not more that 30 days fore Closing signed by the holder of Security or Federal Identification numbers of the parties shail be
the evista mortgage. in form for recording. vertifying the furnished to rowee upon request. At Closing. the Downpayment
amount of the unpaid principal. the date to which interest has shall be paid by Escrowee to Seller. If for any reason Closing does
been paid and the amounts. if any. claimed to be unpaid for not oceur and either party gives Notice (as defined in paragraph 25)
principal and interest. itemizing the same. Seller shall pay the to Eserowee demanding payment of the Downpayment. E: rowee
fees for recording such certificate. IP the holder of the existing shall give prompt Notice to the other party of such demand. If
mort ge is a bank or other institution as defined in Section Escrowee does not receive No ice of objection from such other
274-a of the Real Property Law it’ may instead of the party to the proposed payment within 10 business days after the
certificate, furnish a letter signed by a duly authorized officer. giving of such Notice. Escrowee is hereby authorized and directed
employee or agent. dated not more then 30 days before to make such payment. If Escrowee does receive such Notice of
Closing containing the same information objection within such 10 day period or if for any other reason
{e) Selier represents and warrants that (i) Se er has delivered to Escrowee in good faith shall elect not to make such payment,
Purchaser true and complete copies of the existing mort Escrowee shall continue to hold such amount until otherwise
the note secured thereby and any extensions and modifi ations directed by Notice from the parties to this contract or a final. non-
thereof. (11) the existin mortgage js not now. and at the time of appealable judgment. order or decree of a court, However.
Closing will not be. in default, and (iii) the existing mortgage Fscrowee shall have the right at any time to deposit the
docs not contain any provision that permits the holder of the Downpayment and the intere: thereon with the clerk of a court in
mortgage to requite its immediate payment in full or to change the county in which the Premi are located and shall give Notice
any other term thereot by reason of the sale or conveyance of of such deposit to Seller and Purchaser, Upon such deposit or other
th Premises. disbursement in accordance with the terms of this paragraph,
crowee ail be relieved and discharged of ail further obligations
5, Purchase Money Mortgage. (Delete if inapplicable) If there is and responsi ies hereunder.
to be a purchase money morigage as indicated in paragraph 3(c) «b) The parties acknowledge that Escrowee is acting solely as a
above. stakeholder at their request and for their convenience and that
fa) The purchase money note and mortgage shall be drawn by the Escrowee shall not be liable to either party Pr any act or omission
in bad faith or in willful
att ne: for Sciler in the form attached or. if not. inthe on its part unless taken or suffered
standard form adopted by the New York State Land Title disregard of this contract or involving gross negligence on the part
A rejation. Purchaser shall pay at Closing the mortgage of Escrowee. Seller and Purchaser jointly and severally (with right
recording tax. recording fees and the attorney's fees in the of contribution) agree to defend (by attorneys selected by
for its preparation. Escrowee). indemnify and hold rowee harmless from and
amount of S
(b) The purchase money note and morgage hall also provide that against al costs. claims and expenses {including reasonable
attorney fees) incurred in connection with the performance of
it is subject and subordinate to the ficn of the existing
Escrowee duties hereunder. except with respect to action or
mortguge at {any extensions. modifications. replacements or
consolidations of the existing mortgage. provided that (i) the omissions taken or suffered by Escrowee in bad faith or in willful
interest rate thereof shall not be greater than
disregard of this contract or involving gross negligence on the part
percent per annum and the total debt service thereunder shal! of Escrowee.
act or re! ‘ain from acting in respect of any matter
not be greater than $ per annum, and (ii) if the principal tc} Escrowee may
referred to herein in full reliance upon and with the advice of
amo: at thereof shall exceed the amount of principal owing and
counsel which may be selected by it (including any member of its
unpaid on the existing mortgage at the time of placing such firm) and shall be fully protected in so acting or refraining from
new mortga e or consolidated mortgage. the excess is to be action upon the advise of such counsel,
paid to the holder of such pure! ¢ money mortgage in id) Escrowee acknowledgi receipt of the Downpayment by check
reduction of the principal thereof The purchase money rowee's agrcement to the provisions of
subject to collection and
mortgage shall also provide that such payment to the holder
f any. this paragraph by signing in the place indicated on the signature
thereof shail not alter or affect the regular installments,
of principal payabfe thereunder and that the holder thereof will, page of this contract.
Escrowee or any member of its firm shall be permitted to act as
on demand and without charge therefore. execute. fe)
counsel for Seller in any dispute as to the disbursement of the
acknowledye and deliver any agreement or agreements further
to eflectuate such subordination Downpayment or any other dispute between the parties whether or
not Escrowee is in possession of the Downpayment and continues
to act as crower.
6. Downpayment in Escrow. The party whose attorne: is Hscrowee shall be liable for loss of the
fa) Seller's attorney ("Uscrowee”) shall hold the Downpayment in
a
Sterling National Downpayment.
escrow ina sep ted bank account at:
Bank
Allerton Avenue, Bronx, New York 10469 7, Acceptable Funds. Ali money payable under this contract unless
address otherwise specified, shall be paid by
(a) Cash. but not over $1,000.00
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10. Governmental Violations and Orders. 14. Closing, Deed and Title.
ta) Seller st Hl comply with all notes or notic of violations of (ay Closing” means the settlement of the obligations of Seller and
las or municipal ordinances. orders or requirements noted or Purchaser to each other under this contract. including the payment
issued as of the date hereof by any governmental department of the purchase price to Seller. and the delivery to Purchaser of a
havin, authority as to lands. housing. buildings. fire, health Bargain & Sale w/covenants deed in proper statutory short form
environmental and jabor conditions affecting the Premiss for record, duly executed and acknowledged. so as to convey to
The Premises shall be conveyed [ree of them at Closing. Seller Purchaser fee simple titleto the Premises. free of ali encumbrances.
shal urnish Purchi aixer with any authorizations necessary to except as otherwise herein. stated. The dee shall contain 2
make the searehes that could disclose these matters. covenant by Seller as required by subd. 5 of Section 13 of the Lien
tb) (Delete if inapplicables All obligations affecting the Premises Law
pursuant to the Administrative Code of the ity of New York bp If Seller is a corporation. it shall deliver to Purch rat the time of
incurred prior to Closing and payable in money shall be Closing (i) a resolution of its Board of Directors authorizing the sale
discharged by Seller at or prior to Closing, and delivery of the deed, and (ii) a certificate by the Secretary or
Assistant Secretary of the corporation certifying such resolution and
11. Seller's Representations, setting forth fac showing that the transfer is in conformi with the
(a) Seller represen and warrants to Purchaser that: requirements of Section 909 of the Business Corporation L aw, The
1 The Premises abut or have a right of access to a public deed in such case shall contain a recital sufficient to establish
road. compliance with that Section.
it Seller is the sole owner of the Premises and has the full
power and authority to sell. convey and transfer the 15. Closing Date and Place. Closing shall take place at the office of
same in accordance with the terms of this contract URY ABRAHAM LEID & ASSOC. at 10:00 A.M. o’clock on
HI Selier is nota foreign person as that term is defined tor DECEMBER 31, 2015 or upon reasonable notice (by telephone
purposes of the Foreign Investment in Real Property Tax or ot wise)by Purchaser. at the office of the attorney for the lender
Act Internal Revenue Code (IRC } Section 1445. as
amended. and the regulations promulgated thereunder 16. Conditions to Closing. This contract and Purchaser's obligation to
(collectivels FIRPL purchase the Premises are also subject to and conditioned upon the
iV The Premises are not affected by any exemptions or fulfillment of the following conditions precedent
abatements of taxes: and (ay The accura as of the date of Closing. of the representations and
Setler hi been known by no other name for the past ten warranties of ler made in this contract.
years, except (b) The delivery by Seller to Purchaser of a valid and subsisting
Certificate of Occupancy or other required certificate of
b) Seligry covenants and warrants that all of the representations compliance. or evidence that none was required, covering the
and warranties set forth in this contract shall be true and building(s) and al of the other improvements located on the
correct at Closi 2. property authorizing their use as a Mix Use f nily dwelling at the
{c) Except as otherwise expre Ly set forth in this contract. none of date of Closing.
Sel s cove an representations. warranties oF other {c) The delivery by Scller to Purchaser of a certificate stating that
obligations contained in this contract shall survive Closing, Seller is not a foreign person. which certificate shall be in the form
then required by FIRPTA or a withholding certificate from LRS. If
12. Condition of Property. Purchaser acknowledges and represents Seller fails to deliver the aforesaid certificate or if Purchaser is not
that Purchaser ully aware of the physical condition and state of entitled under FIRPTA to rely on such certificate. Purchaser shall
repair of the Premise wid of all other property included in this sale. deduct and withhold from the purchase price a sum equal to 10%
based on Purchaser's own inspection and investigation thereof. and thereof (or any lesser amount permitted by law) and shall at Closing
that Purchaser is entering into this contract based solely upon such remit the withheld amount with the required forms to the Internal
inspection and investi ation and not upon any information. data Revenue Service,
statements or esentations, written or oral, as to the physic (dy The delivery of the Premises and afl building(s) and improvements
‘onditions. state of repair. use. cost of operation or any other matter comprising a part thereof in broom clean condition, vacant and fi 2
related to the Premises or the other property included in the sal of leases or tenancies. together with keys to the Premises.
given or made by Seller or its representatives. and shall accept the te) All plumbing (incliding water supply and septic systems. if any).
same ‘as is in their pre nt condition and state of repair. subject to heating and air conditioning. if any electrical and mechanical
reasonabig use. wear. tear and natural deterioration between the date 5 tems. equipment. and machinery in the building(s) located on the
hereof and the date of Closing (except as otherwise set forth in property and all appliances which are included in this sale being in
paragraph 16(¢), without any reduction in the purchase price or claim working order as of the date of Closing.
of any kind for any ch ge in such condition by reason thereof ay If the Premis: are a one or two family house. delivery by the
subsequent to the date of this contract Purchaser and authorized parties at Closing of affidavits in compliance with state and local
representatives shail have the right. at reasonable times and upon Jaw requirements to the effect that there is installed in the Premises
reasonable notice (by telephone or otherwise} to Seller. to inspect the a smoke detecting alarm device or device
é
Premi: s before Closing. (g) The delivery by the parties of any other affidavits required as a
condition of recording the deed.
13. Insurable Title. Sclicr shall give and Purchaser shall accept
such title as any reputable NY title company shall be willing to
approve and insure in accordance with its standard form of title policy
approved by the New York State Insurance Department. subject only
to the matters provided for this contract,
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10. Governmental Violations and Orders. 14, Closing, Deed and Title.
(a) Seller shali comply with all notes or notices of violations of a) “losing” means the settlement of the oblig: ations of Sell er and
law or municipal ordinances. orders or requirements noted or Purch: er o cach other under this contract, including the payment
issued as of ¢ date hereof by any governmental department of the purchase price to Selle and the delivery to Purchaser of
having authority as to lands. housing. buildings. fire, health, Bargain & Sale w’covenants deed in proper statutory short form
environmental and labor conditions affecting the Premi for record. dul executed and acknowledged. so as to convey to
the P: mises sha be conveyed free of them at Closing. Seller Purchaser fee simple title to the Premises. free of all encumbrances.
shall f ‘urnish: Pure haser with any authorizations necessary to

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Elizabeth Taylor Track Judge’s New Case

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Document Filed Date

January 21, 2024

Case Filing Date

September 19, 2023

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Document for Leon Simon, Grace Edwards Simon v. Bernard E Lewis, Coleen Weaver Aka Coleen Whyte As Administrator Of The Ethans Estate Trust

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