Preview
FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
________________________.-------__-------------------------Ç
COREVEST AMERICAN FINANCE
LENDER LLC,
INDEX No.:
Plaintiff,
against SUMMONS
Basis of Venue: Location of Property
CAFL 2022-RTL1 ISSUER, LLC,
Defendant.
--_________-_______________________----.._____________-----Ç
TO: DEFENDANT
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of
the plaintiff(s) herein and to serve a copy of your answer on the plaintiff(s) at the address indicated
below within 20 days after the service of this Summons (not counting the day of service itself), or
within 30 days after service is complete if the Summons is not delivered personally to you within
the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the complaint.
Dated: New York, NY
February 28, 2024
Gleason, Koatz & Qubain, LLP
Attorneys for Plaintiff, COREVEST
AMERICAN FINANCE LENDER LLC
437 Madison Avenue
24*
Floor
New York, NY 10022
Phone: 212-986-1544
KÇubain(d!gleasonkoatz.com
1
Filed in Orange County 02/28/2024 02:51:12 PM $0.00 1 of
Bk: 5156 8 Pg: 1465 Index: # EF001661-2024 Clerk: SW
FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
-------------..____-----_________..___..______________________.....-x
COREVEST AMERICAN FINANCE
LENDER LLC,
INDEX No.:
Plaintiff,
Against VERIFIED COMPLAINT
CAFL 2022-RTL1 ISSUER, LLC,
Defendant.
..........---..--..------,,.______-..--..___..__-____-_________..____........__Ç
Plaintift COREVEST AMERICAN FINANCE LENDER LLC (hereinafter
"COREVEST"), by its attorneys, Gleason, Koatz & Qubain, LLP, as and for a Verified Complaint
against Defendant, CAFL 2022-RTL1 ISSUER, LLC (hereinafter "CAFL"), being duly sworn,
hereby deposes and states under the penalties of perjury as follows:
1. COREVEST was and is a financial lender incorporated under the laws of the State
of Delaware and authorized to do business in the State of New York.
2. CAFL was and is a financial lender that is incorporated and existing under the laws
of the State of Delaware and the transaction at issue herein arises out of such business of CAFL in
New York.
RELEVANT HISTORY
3. Nutopia 56 Dubois 2 LLC (hereinafter "Nutopia"), a Delaware limited liability
company having an office at 1385 Broadway, New York, New York 10018, is a nonparty and the
lawful owner of a certain parcel of real property in the City of Newburgh, Orange County, in the
State of New York known as 56 Dubois Newburgh, NY 12550 (the "Property").
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
4. Prior to August 17, 2023, CAFL was the lawful owner and holder of certain
promissory note (the "Previous Note") secured by that certain mortgage made by Nutopia to
CAFL encumbering the Property (the "Previous Mortgage"). The Previous Mortgage had a
principal outstanding balance in the amount of $529,990.23 (hereinafter the "Previous Mortgage
Balance").
5. On August 17, 2023 (the "Closing Date"), COREVEST made a loan to Nutopia
(the "Loan") in the sum of $601,000.00 (the "Loan Amount") pursuant to that certain Mortgage
Consolidation, Extension and Modification Agreement (the "CEMA") entered into by and
between Nutopia and COREVEST, which Loan was evidenced by that certain Consolidated Note
given by Nutopia to COREVEST and secured by that certain Consolidated Mortgage, Assignment
of Leases and Rents, Security Agreement and Fixture Filing.
6. On the Closing Date, CAFL assigned to COREVEST the Previous Mortgage and
in consideration thereof COREVEST paid to CAFL the Previous Mortgage Balance (the "CAFL
Assignment").
7. In addition to the payment of the Previous Mortgage Balance, COREVEST paid to
Nutopia the sum of $71,009.77 which represents the amount of the gap loan (the "Gap Loan").
8. On the Closing Date, NUTOPIA delivered to COREVEST the loan documents
including (i) the CEMA, (ii) Gap Note, (iii) Gap Mortgage, (iv) Consolidated Mortgage and (v)
Consolidated Note in the amount of $601,000.00 (collectively the "CEMA Documents").
9. Subsequently, COREVEST attempted to record the CEMA Documents with the
Orange County Clerk's Office. The Orange County Clerk's Office rejected the CEMA Documents
because CAFL had, a few weeks earlier, erroneously recorded with the Orange County Clerk's
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FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
Mortgage"
Office a "Full Discharge of (Book 15475, Page 521) on October 3, 2023 (the
"Erroneous Full Discharge of Mortgage").
10. CAFL, as the previous lender, erroneously created and recorded the Erroneous Full
Discharge of Mortgage after it had assigned the Previous Mortgage to COREVEST.
11. CAFL admits that the filing and recording of the Erroneous Full Discharge of
Mortgage was made inadvertently and it should be vacated from the records of the Orange County
Clerk's Office.
12. CAFL acknowledges that CAFL has no rights in the Previous Mortgage after
assigning it to COREVEST and that CAFL should not have filed and recorded the Erroneous Full
Discharge of Mortgage.
CAUSE OF ACTION FOR BREACH OF CONTRACT AND FOR DECLARATORY
JUDGMENT
13. COREVEST repeats, reiterates and realleges each and every allegation contained
in the complaint with the same force and effect as if more fully set forth herein.
14. CAFL, by virtue of the CAFL Assignment, assigned to COREVEST the Previous
Mortgage and COREVEST paid to CAFL the Previous Mortgage Balance.
15. By creating and filing the Erroneous Full Discharge of Mortgage, CAFL breached
its contractual obligations to COREVEST as provided for the in the CAFL Assignment.
16. The Erroneous Full Discharge of Mortgage was not valid when created and
recorded and its filing with the Orange County Clerk's Office should be vacated.
17. COREVEST respectfully demands that the Erroneous Full Discharge of Mortgage
be declared null and void ab initio and that such judgment be issued in a form appropriate for filing
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with the Clerk of Orange County to effectuate vacating the Erroneous Full Discharge of Mortgage
(Book 15475, Page 521).
WHEREFORE COREVEST demands judgment as follows:
A. Declaring that certain Full Discharge of Mortgage recorded with the Orange County
Clerk's Office (Book 15475, Page 521) on October 3, 2023, by CAFL null and void ab
initio;
B. Entering judgment in a form appropriate for filing with the Orange County Clerk's
Office to effectuate vacating the Erroneous Full Discharge of Mortgage (Book 15475,
Page 521);
C. Directing the Orange County Clerk's Office to vacate from its records the document
Mortgage"
title "Full Discharge of recorded with the Orange County Clerk's Office
(Book 15475, Page 521) on October 3, 2023; and
D. Ordering any other, further or different relief as this Court may deem just and proper.
Dated: NewYork, NY
February28, 2024
Kal Qubain, Esq.
Gleason, Koatz & Qubain, LLP
Attorneys for Plaintiff COREVEST
437 Madison Avenue
248¹
Floor
New York, NY
(917) 208-2105
k ubain@gleasonkoatz.com
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FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
LIMITED LIABILITY COMPANY VERIFICATION
State of California }
ss.:
County of Orange
I, Michael Minck, being duly sworn, depose and state as follows:
1. I am over the age of 18 years.
2. I am an authorized signatory of COREVEST AMERICAN FINANCE LENDER
LLC, the plaintiff in the within action.
3. As such, I am fully familiar with the facts and circumstances alleged in the complaint.
4. All such allegations are true to the best of my 1 e
M CHAEL CK
worn to Before Me
This __ of , 2024
NOTARY PUBLIC
(T)
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
County of Orange )
On February 26, 2024, before me, Katherine Kwoen, Notary Public, personally appeared Michael
Minck, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certifyunder PENALTYOF PERJURYunder the Iaws ofthe State ofCaliforniathatthe foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Publk - California
Orangecounty
commluicn # 2411343
AtyComm.ExpiresJul 23, 2026
Signature (Seal)
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FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
COREVEST AMERICANFINANCE
LENDER LLC,
INDEX No.:
Plaintiff,
against
CAFL 2022-RTL1 ISSUER, LLC,
Defendant.
SUMMONS & VERIFIED COMPLAINT
___________....._________________________________________________..______..____..
This summons and complaint and related documents comply in all respects to New York
Rule 130-1.1 regarding frivolous or wrongfully procured materials.
Dated: New York, NY
2024 --
February 28, .
Kal Qubain, Esq.
GLEASON, KOATZ & QUBAIN, LLP
. Attorneys for Plaintiff COREVEST
AMERICAN FINANCE LENDER LLC
437 Madison Avenue
24*
Floor
New York, New York
kgubain@2leasonkoatz.com
7
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Preview
FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ________________________.-------__-------------------------Ç COREVEST AMERICAN FINANCE LENDER LLC, INDEX No.: Plaintiff, against SUMMONS Basis of Venue: Location of Property CAFL 2022-RTL1 ISSUER, LLC, Defendant. --_________-_______________________----.._____________-----Ç TO: DEFENDANT PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiff(s) herein and to serve a copy of your answer on the plaintiff(s) at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: New York, NY February 28, 2024 Gleason, Koatz & Qubain, LLP Attorneys for Plaintiff, COREVEST AMERICAN FINANCE LENDER LLC 437 Madison Avenue 24* Floor New York, NY 10022 Phone: 212-986-1544 KÇubain(d!gleasonkoatz.com 1 Filed in Orange County 02/28/2024 02:51:12 PM $0.00 1 of Bk: 5156 8 Pg: 1465 Index: # EF001661-2024 Clerk: SW FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------..____-----_________..___..______________________.....-x COREVEST AMERICAN FINANCE LENDER LLC, INDEX No.: Plaintiff, Against VERIFIED COMPLAINT CAFL 2022-RTL1 ISSUER, LLC, Defendant. ..........---..--..------,,.______-..--..___..__-____-_________..____........__Ç Plaintift COREVEST AMERICAN FINANCE LENDER LLC (hereinafter "COREVEST"), by its attorneys, Gleason, Koatz & Qubain, LLP, as and for a Verified Complaint against Defendant, CAFL 2022-RTL1 ISSUER, LLC (hereinafter "CAFL"), being duly sworn, hereby deposes and states under the penalties of perjury as follows: 1. COREVEST was and is a financial lender incorporated under the laws of the State of Delaware and authorized to do business in the State of New York. 2. CAFL was and is a financial lender that is incorporated and existing under the laws of the State of Delaware and the transaction at issue herein arises out of such business of CAFL in New York. RELEVANT HISTORY 3. Nutopia 56 Dubois 2 LLC (hereinafter "Nutopia"), a Delaware limited liability company having an office at 1385 Broadway, New York, New York 10018, is a nonparty and the lawful owner of a certain parcel of real property in the City of Newburgh, Orange County, in the State of New York known as 56 Dubois Newburgh, NY 12550 (the "Property"). 2 2 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 4. Prior to August 17, 2023, CAFL was the lawful owner and holder of certain promissory note (the "Previous Note") secured by that certain mortgage made by Nutopia to CAFL encumbering the Property (the "Previous Mortgage"). The Previous Mortgage had a principal outstanding balance in the amount of $529,990.23 (hereinafter the "Previous Mortgage Balance"). 5. On August 17, 2023 (the "Closing Date"), COREVEST made a loan to Nutopia (the "Loan") in the sum of $601,000.00 (the "Loan Amount") pursuant to that certain Mortgage Consolidation, Extension and Modification Agreement (the "CEMA") entered into by and between Nutopia and COREVEST, which Loan was evidenced by that certain Consolidated Note given by Nutopia to COREVEST and secured by that certain Consolidated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing. 6. On the Closing Date, CAFL assigned to COREVEST the Previous Mortgage and in consideration thereof COREVEST paid to CAFL the Previous Mortgage Balance (the "CAFL Assignment"). 7. In addition to the payment of the Previous Mortgage Balance, COREVEST paid to Nutopia the sum of $71,009.77 which represents the amount of the gap loan (the "Gap Loan"). 8. On the Closing Date, NUTOPIA delivered to COREVEST the loan documents including (i) the CEMA, (ii) Gap Note, (iii) Gap Mortgage, (iv) Consolidated Mortgage and (v) Consolidated Note in the amount of $601,000.00 (collectively the "CEMA Documents"). 9. Subsequently, COREVEST attempted to record the CEMA Documents with the Orange County Clerk's Office. The Orange County Clerk's Office rejected the CEMA Documents because CAFL had, a few weeks earlier, erroneously recorded with the Orange County Clerk's 3 3 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 Mortgage" Office a "Full Discharge of (Book 15475, Page 521) on October 3, 2023 (the "Erroneous Full Discharge of Mortgage"). 10. CAFL, as the previous lender, erroneously created and recorded the Erroneous Full Discharge of Mortgage after it had assigned the Previous Mortgage to COREVEST. 11. CAFL admits that the filing and recording of the Erroneous Full Discharge of Mortgage was made inadvertently and it should be vacated from the records of the Orange County Clerk's Office. 12. CAFL acknowledges that CAFL has no rights in the Previous Mortgage after assigning it to COREVEST and that CAFL should not have filed and recorded the Erroneous Full Discharge of Mortgage. CAUSE OF ACTION FOR BREACH OF CONTRACT AND FOR DECLARATORY JUDGMENT 13. COREVEST repeats, reiterates and realleges each and every allegation contained in the complaint with the same force and effect as if more fully set forth herein. 14. CAFL, by virtue of the CAFL Assignment, assigned to COREVEST the Previous Mortgage and COREVEST paid to CAFL the Previous Mortgage Balance. 15. By creating and filing the Erroneous Full Discharge of Mortgage, CAFL breached its contractual obligations to COREVEST as provided for the in the CAFL Assignment. 16. The Erroneous Full Discharge of Mortgage was not valid when created and recorded and its filing with the Orange County Clerk's Office should be vacated. 17. COREVEST respectfully demands that the Erroneous Full Discharge of Mortgage be declared null and void ab initio and that such judgment be issued in a form appropriate for filing 4 4 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 with the Clerk of Orange County to effectuate vacating the Erroneous Full Discharge of Mortgage (Book 15475, Page 521). WHEREFORE COREVEST demands judgment as follows: A. Declaring that certain Full Discharge of Mortgage recorded with the Orange County Clerk's Office (Book 15475, Page 521) on October 3, 2023, by CAFL null and void ab initio; B. Entering judgment in a form appropriate for filing with the Orange County Clerk's Office to effectuate vacating the Erroneous Full Discharge of Mortgage (Book 15475, Page 521); C. Directing the Orange County Clerk's Office to vacate from its records the document Mortgage" title "Full Discharge of recorded with the Orange County Clerk's Office (Book 15475, Page 521) on October 3, 2023; and D. Ordering any other, further or different relief as this Court may deem just and proper. Dated: NewYork, NY February28, 2024 Kal Qubain, Esq. Gleason, Koatz & Qubain, LLP Attorneys for Plaintiff COREVEST 437 Madison Avenue 248¹ Floor New York, NY (917) 208-2105 k ubain@gleasonkoatz.com 5 5 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 LIMITED LIABILITY COMPANY VERIFICATION State of California } ss.: County of Orange I, Michael Minck, being duly sworn, depose and state as follows: 1. I am over the age of 18 years. 2. I am an authorized signatory of COREVEST AMERICAN FINANCE LENDER LLC, the plaintiff in the within action. 3. As such, I am fully familiar with the facts and circumstances alleged in the complaint. 4. All such allegations are true to the best of my 1 e M CHAEL CK worn to Before Me This __ of , 2024 NOTARY PUBLIC (T) 6 6 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On February 26, 2024, before me, Katherine Kwoen, Notary Public, personally appeared Michael Minck, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifyunder PENALTYOF PERJURYunder the Iaws ofthe State ofCaliforniathatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Publk - California Orangecounty commluicn # 2411343 AtyComm.ExpiresJul 23, 2026 Signature (Seal) 7 of 8 FILED: ORANGE COUNTY CLERK 02/28/2024 02:51 PM INDEX NO. EF001661-2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE COREVEST AMERICANFINANCE LENDER LLC, INDEX No.: Plaintiff, against CAFL 2022-RTL1 ISSUER, LLC, Defendant. SUMMONS & VERIFIED COMPLAINT ___________....._________________________________________________..______..____.. This summons and complaint and related documents comply in all respects to New York Rule 130-1.1 regarding frivolous or wrongfully procured materials. Dated: New York, NY 2024 -- February 28, . Kal Qubain, Esq. GLEASON, KOATZ & QUBAIN, LLP . Attorneys for Plaintiff COREVEST AMERICAN FINANCE LENDER LLC 437 Madison Avenue 24* Floor New York, New York kgubain@2leasonkoatz.com 7 8 of 8