Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
_______________________________________________Ç
BOARD OF MANAGERS OF 1270 NORTH Index No.
CONDOMINIUM, on behalf of the unit owners,
Filed:
Plaintiff,
SUMMONS
-against- Address of Property
1270 North Ave. - Apt 2L
New Rochelle, NY 10804
LITA.GOTTESMAN; SECRETARY OF HOUSING AND
URBAN DEVELOPMENT (Mortgage A); SECRETARY OF
HOUSING AND URBAN DEVELOPMENT (Mortgage B);
DOE," DOE,"
and "JOHN and "JANE said names being
fictitious parties who are possible tenants, or occupants of the
premises, or who may be other presently unknown parties who
claim or may claim a lien against the premises,
Defendants.
________________________________________________Ç
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the verified complaint in this action and
to serve a copy of your answer on the plaintiff's attorneys within 20 days after service of the
summons (or within 30 days after service is complete if the 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.
Plaintiff designates Westchester County as the place of trial. The county in which the
real property is located that is the subject of the foreclosure is the basis for venue.
The above-entitled action is not for the foreclosure of a mortgage, but to foreclose
unpaid common charges and assessments owed to a condominium. To the Defendants
except LITA GOTTESMAN, the plaintiff makes no personal claim against you in this
action.
Dated: White Plains, NY
March 6, 2024
Diane E. Selker, Esq.
GOLDENBERG & SELKER, LLP
Attorneys for Plaintiff
399 Knollwood Road, Suite 112
White Plains, New York 10603
(914) 997-0999
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This advice pertains to your dealings with me as a debt collector. It does not affect your
dealings with the court and, in particular, it does not change the time at which you must
answer the complaint or other legal pleadings. The summons is a command from the
court, not from me, and you must follow its instructions even if you dispute the validity or
amount of the debt. The advice in this notice also does not affect my relationship with the
court. As a lawyer, I may file papers in the suit according to the court’s rules and the
judge’s instructions.
TO: Lita Gottesman
1270 North Ave. – Apt 2L
New Rochelle, NY 10804
Secretary of HUD (Mortgage A)
c/o US Attorney for the SDNY
1 Saint Andrews Plaza
New York, NY 10007
Secretary of HUD (Mortgage B)
c/o US Attorney for the SDNY
1 Saint Andrews Plaza
New York, NY 10007
Secretary of HUD (Mortgage A)
By Certified Mail, Return Receipt No.
451 7th Street S.W.
Washington, DC 20410
Secretary of HUD (Mortgage B)
By Certified Mail, Return Receipt No.
451 7th Street S.W.
Washington, DC 20410
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------------------------------------------X
BOARD OF MANAGERS OF 1270 NORTH Index No.
CONDOMINIUM, on behalf of the unit owners,
VERIFIED
Plaintiff, COMPLAINT
-against-
LITA GOTTESMAN; SECRETARY OF HOUSING AND
URBAN DEVELOPMENT (Mortgage A); SECRETARY OF
HOUSING AND URBAN DEVELOPMENT (Mortgage B);
and “JOHN DOE,” and “JANE DOE,” said names being
fictitious parties who are possible tenants, or occupants of the
premises, or who may be other presently unknown parties who
claim or may claim a lien against the premises,
Defendants.
-------------------------------------------------------------------------------------X
Plaintiff, Board of Managers of 1270 North Condominium (“1270 North”), on behalf of the unit
owners, by its attorneys, Goldenberg & Selker, LLP, as and for its complaint against the above
referenced defendants, alleges as follows:
1. Plaintiff, 1270 North, is a board of managers of a duly organized condominium acting on
behalf of the unit owners, organized under Article 9-b of the Real Property Law of the State of New
York, with a principal place of business in the City of New Rochelle, County of Westchester, State of
New York and engaged in the business of controlling and maintaining real property known as “1270
North Condominium.”
2. Upon information and belief, defendant Lita Gottesman (“Gottesman”) is the owner in fee
of a residential real property condominium unit located at 1270 North, which real property is also
described as Section 5, Block 1810, Lot 1211, on the tax maps of the City of New Rochelle, County of
Westchester, State of New York, which real property has a post office mailing address of 1270 North
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Ave., Apt 2L, New Rochelle, NY 10804, and which real property is further described in the attached
“Schedule A” (hereinafter referred to as “the Lot” or “the Unit”).
3. Gottesman acquired title to the Lot pursuant to a deed dated May 19, 2006, that was
recorded with the Westchester County Clerk on August 7, 2006 in Control No. 462071026.
4. Ownership of the Lot, and all other residential lots at 1270 North, is subject to a
Declaration establishing “a plan for condominium ownership of premises known as 1270 North
Condominium” with associated bylaws, duly recorded with the Westchester County Clerk, Division of
Land Records on December 17, 1985, in Liber 8297 cp 301 and subsequent amendment dated April 22,
2016 and recorded on May 5, 2016, as Control Number 561173478 (hereinafter collectively referred to
as “the Declaration”).
5. Upon information and belief, Defendant the Secretary of Housing and Urban Development
(HUD) is the holder of a Mortgage A on the Unit in the principal amount of $412,500.00 pursuant to an
assignment from Nationstar Mortgage LLC d/b/a Champion Mortgage Company dated August 14, 2020,
and recorded August 17, 2020, as Control Number 602303078, which held the mortgage pursuant to an
assignment from Wells Fargo Bank, N.A. dated September 7, 2017, and recorded September 15, 2017,
as Control Number 572583181, which assigned the mortgage for which defendant Gottesman is the
mortgagor, which mortgage is dated May 11, 2009, and recorded with the Westchester County clerk on
June 3, 2009 in Control Number 491410105, which mortgage continues to encumber the Lot and has
not been further assigned, released or satisfied of record.
6. Upon information and belief, Defendant the Secretary of Housing and Urban Development
(HUD)is the holder of a Mortgage B on the Unit in the principal amount of $412,500.00, which
mortgage is dated May 11, 2009, and recorded with the Westchester County clerk on June 3, 2009 in
Control Number 491410124.
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7. The Declaration provides that the owner of each unit at 1270 North covenants and agrees
to be subject to the provisions of the Declaration, the Bylaws and the Rules and Regulations including
the obligation to pay to the board of managers, on behalf of all the unit owners, common charges and
assessments (collectively referred to herein as “assessments”), and if such assessments are not paid
within thirty days after the due date then the unit owner shall be liable for the costs of collection, late
charges and reasonable attorney fees incurred by 1270 North in collecting same.
8. The Declaration further provides in substance that the assessments shall be a charge and
continuing lien upon each unit at 1270 North, which amounts shall run with the land, and shall bind the
heirs, successors, and assigns of each lot owner.
9. The Declaration additionally provides that the assessments shall be the personal obligation
of the owner of each lot at the time they come due.
10. According to the Declaration, if the assessments are not paid when due, 1270 North is
authorized to commence and prosecute an action to foreclose its lien against the lot, to the appointment
of a receiver to collect assessments, and at the resulting foreclosure sale to purchase the lot, and
thereafter to acquire, hold, lease, convey or otherwise deal with the lot.
11. The Declaration authorizes 1270 North to commence and prosecute an action to recover a
personal money judgment against an owner of a lot for the failure to pay the assessments and such suit
may be maintained without foreclosing or waiving the lien securing the same.
12. The Declaration provides that no unit at 1270 North is exempt from the payment of the
assessments.
13. Pursuant to Real Property Law Section 339-z and 339-aa, a “Notice of Lien” for unpaid
condominium charges dated December 1, 2023, was filed by the plaintiff against Gottesman and the unit
with the Westchester County Clerk on December 14, 2023, as Control No. 6333423133.
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FIRST CAUSE OF ACTION
14. Pursuant to the terms of the Declaration, Gottesman was invoiced for assessments and
other amounts owed to 1270 North in connection with her Unit.
15. Gottesman failed and continues to fail and refuse to pay to 1270 North Assessments
and other amounts that are owed in connection with her Unit.
16. Through March 6, 2024, Gottesman owes to the Plaintiff assessments and other
amounts in the amount of $10,679.20, which amount Gottesman failed and refused to pay, and
which amounts continue to increase at the present rate of $694.00 per month, plus additional
fees, late fees, and attorney fees.
17. Gottesman is delinquent in her obligations pursuant to the Declaration and owes 1270
North common charges, assessments, interest at the statutory rate, costs, disbursements, late fees,
and reasonable attorney fees.
18. 1270 North is entitled to a personal money judgment in its favor and against
Gottesman for unpaid common charges, assessments, interest at the statutory rate, together with
costs, disbursements, late fees, and reasonable attorney fees.
SECOND CAUSE OF ACTION
19. The allegations set forth above are repeated and incorporated by reference.
20. Pursuant to the Declaration and the Notice of Lien, 1270 North has and claims liens
against the Unit for unpaid assessments, common charges, and fees, as well as for interest, costs,
disbursements, late fees, and attorney fees.
21. 1270 North’s lien has not been paid, cancelled, or discharged of record, and there are
no other proceedings in law or in equity to recover the amounts claimed herein.
22. 1270 North is entitled to a judgment of foreclosure of its lien and, upon the
foreclosure, sale of the lot and the proceeds of such foreclosure sale.
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WHEREFORE, Plaintiff BOARD OF MANAGERS OF 1270 NORTH CONDOMINIUM,
on behalf of the unit owners, prays for judgment granting the following relief:
a) As to the First Cause of Action, a personal money judgment in favor of the Plaintiff and
against defendant Gottesman in the amount of $10,679.20 through March 6, 2024, for unpaid
common charges, and assessments, together with additional charges, late fees, assessments, and
fees as they continue to accrue and remain unpaid, and interest at the statutory rate, together with
costs, disbursements and reasonable attorney fees;
b) As to the Second Cause of Action, that the Court adjust and determine the equities of all
parties to this action and determine the respective priorities of the various liens, if any, and the
interests of all the parties herein; that it adjudge that the Plaintiff has a valid lien upon the Unit in an
amount as set forth in the complaint, with interest at the statutory rate, costs, disbursements, and
reasonable attorney fees; that all other parties claiming under the Plaintiff and/or under the
defendant be forever foreclosed of all right and equity of redemption or other interest in the Unit;
that the Unit be sold as provided by law, and the proceeds of such sale be brought into Court and
thence paid to the Plaintiff in the amounts due it including interest at the statutory rate, the costs and
disbursements of the action, and reasonable attorney fees; that either or any of the parties to this
action may become a purchaser upon such sale; that this court, if requested, forthwith appoint a
receiver of the rents and profits of said premises with the usual power and duties; and that defendant
Gottesman be adjudged to pay any deficiencies that may remain after applying all such moneys so
applicable thereto; and,
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c) That the Plaintiff have such other and further relief as to this Court may seem just and
proper.
Dated: March 6, 2024
White Plains, NY
Diane E. Selker, Esq.
GOLDENBERG & SELKER, LLP
Attorneys for Plaintiff
399 Knollwood Rd., Suite 112
White Plains, NY 10603
(914) 997-0999
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VERIFICATION
STATE OF NEW YORK )
}: ss:
COUNTY OF WESTCHESTER)
LIZ CARROLL NEVERMANN, being duly sworn, deposes and says: I am the Property
Manager for 1270 North Condominium, plaintiff in the within action on behalf of the unit
owners.
I have read the foregoing complaint and know the contents thereof; the same are true to
my own knowledge, except as to matters stated therein to be alleged upon information and belief,
and as to those matters, I believe them to be true. The basis of my knowledge as to the truth of
the matters stated in the complaint are the books and records maintained by the plaintiff and its
managing agent, and a search conducted by a title insurance company.
Elizabeth Nevermann
Authorized Agent on behalf of Board of Managers
Sworn to before me the
_Q day of February 2024
otary Public
LAURIE A. SARRACO
Notmy PuNic - State of New York
No.018A6321168
QualiAed in Dutchess County
My commission Expires oa/16/a1
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National Real Estate Services, Inc.
Title Number: ACC-7235
Page 1
SCHEDULE A DESCRIPTION
The Unit known as L-2 (hereinafter called the "Unit") in the Declaration Establishing a Plan
for Condominium Ownership of the
Building and the land on which it is erected (hereinafter
called the "Property") made by 1270 NORTH INC. (a corporation organized and existing
under the laws of the State of New York), under the Condominium Act of the State of New
York (Article 9-B of the Real Property Law of the State of New York), which Declaration is
10*
dated the day of December, 1985 and recorded in the Office of the County Clerk of
17*
Westchester County, Division of Land Records, on the day of Day of December, 1985
in Liber 8297 of Conveyances Page 301 (hereinafter called the "Declaration"), and also
designated on the Tax Rolls of the Assessor of the City of New Rochelle as Section 5,
Block 1810, Lot no. 1211, and further designated and shown on the Floor Plans, certified
by Louis Goodman, Architect, dated November 20, 1985 and filed in the Office of the
County Clerk of Westchester County, Division of Land Records, on November 22, 1985 as
Map No. 22125.
The land on which the Building containing the unit located, is shown on a Map entitled,
"Survey of 1270 North Condominium", dated December 1, 1984 made by Aristotle
Bournazos, New York State LLC Surveyor and filed in the Office of the County Clerk of
Westchester County, Division of Land Records on November 22, 1985 as Map No. 22124.
TOGETHER with an undivided .6296 percent interest in the Common Elements of the
property as defined in the Declaration, (hereinafter called the "Common Elements").
TOGETHER with Parking Space No. 81.
1
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Preview
FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER _______________________________________________Ç BOARD OF MANAGERS OF 1270 NORTH Index No. CONDOMINIUM, on behalf of the unit owners, Filed: Plaintiff, SUMMONS -against- Address of Property 1270 North Ave. - Apt 2L New Rochelle, NY 10804 LITA.GOTTESMAN; SECRETARY OF HOUSING AND URBAN DEVELOPMENT (Mortgage A); SECRETARY OF HOUSING AND URBAN DEVELOPMENT (Mortgage B); DOE," DOE," and "JOHN and "JANE said names being fictitious parties who are possible tenants, or occupants of the premises, or who may be other presently unknown parties who claim or may claim a lien against the premises, Defendants. ________________________________________________Ç TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the verified complaint in this action and to serve a copy of your answer on the plaintiff's attorneys within 20 days after service of the summons (or within 30 days after service is complete if the 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. Plaintiff designates Westchester County as the place of trial. The county in which the real property is located that is the subject of the foreclosure is the basis for venue. The above-entitled action is not for the foreclosure of a mortgage, but to foreclose unpaid common charges and assessments owed to a condominium. To the Defendants except LITA GOTTESMAN, the plaintiff makes no personal claim against you in this action. Dated: White Plains, NY March 6, 2024 Diane E. Selker, Esq. GOLDENBERG & SELKER, LLP Attorneys for Plaintiff 399 Knollwood Road, Suite 112 White Plains, New York 10603 (914) 997-0999 1 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 This advice pertains to your dealings with me as a debt collector. It does not affect your dealings with the court and, in particular, it does not change the time at which you must answer the complaint or other legal pleadings. The summons is a command from the court, not from me, and you must follow its instructions even if you dispute the validity or amount of the debt. The advice in this notice also does not affect my relationship with the court. As a lawyer, I may file papers in the suit according to the court’s rules and the judge’s instructions. TO: Lita Gottesman 1270 North Ave. – Apt 2L New Rochelle, NY 10804 Secretary of HUD (Mortgage A) c/o US Attorney for the SDNY 1 Saint Andrews Plaza New York, NY 10007 Secretary of HUD (Mortgage B) c/o US Attorney for the SDNY 1 Saint Andrews Plaza New York, NY 10007 Secretary of HUD (Mortgage A) By Certified Mail, Return Receipt No. 451 7th Street S.W. Washington, DC 20410 Secretary of HUD (Mortgage B) By Certified Mail, Return Receipt No. 451 7th Street S.W. Washington, DC 20410 2 2 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------------------------------------------X BOARD OF MANAGERS OF 1270 NORTH Index No. CONDOMINIUM, on behalf of the unit owners, VERIFIED Plaintiff, COMPLAINT -against- LITA GOTTESMAN; SECRETARY OF HOUSING AND URBAN DEVELOPMENT (Mortgage A); SECRETARY OF HOUSING AND URBAN DEVELOPMENT (Mortgage B); and “JOHN DOE,” and “JANE DOE,” said names being fictitious parties who are possible tenants, or occupants of the premises, or who may be other presently unknown parties who claim or may claim a lien against the premises, Defendants. -------------------------------------------------------------------------------------X Plaintiff, Board of Managers of 1270 North Condominium (“1270 North”), on behalf of the unit owners, by its attorneys, Goldenberg & Selker, LLP, as and for its complaint against the above referenced defendants, alleges as follows: 1. Plaintiff, 1270 North, is a board of managers of a duly organized condominium acting on behalf of the unit owners, organized under Article 9-b of the Real Property Law of the State of New York, with a principal place of business in the City of New Rochelle, County of Westchester, State of New York and engaged in the business of controlling and maintaining real property known as “1270 North Condominium.” 2. Upon information and belief, defendant Lita Gottesman (“Gottesman”) is the owner in fee of a residential real property condominium unit located at 1270 North, which real property is also described as Section 5, Block 1810, Lot 1211, on the tax maps of the City of New Rochelle, County of Westchester, State of New York, which real property has a post office mailing address of 1270 North 1 3 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 Ave., Apt 2L, New Rochelle, NY 10804, and which real property is further described in the attached “Schedule A” (hereinafter referred to as “the Lot” or “the Unit”). 3. Gottesman acquired title to the Lot pursuant to a deed dated May 19, 2006, that was recorded with the Westchester County Clerk on August 7, 2006 in Control No. 462071026. 4. Ownership of the Lot, and all other residential lots at 1270 North, is subject to a Declaration establishing “a plan for condominium ownership of premises known as 1270 North Condominium” with associated bylaws, duly recorded with the Westchester County Clerk, Division of Land Records on December 17, 1985, in Liber 8297 cp 301 and subsequent amendment dated April 22, 2016 and recorded on May 5, 2016, as Control Number 561173478 (hereinafter collectively referred to as “the Declaration”). 5. Upon information and belief, Defendant the Secretary of Housing and Urban Development (HUD) is the holder of a Mortgage A on the Unit in the principal amount of $412,500.00 pursuant to an assignment from Nationstar Mortgage LLC d/b/a Champion Mortgage Company dated August 14, 2020, and recorded August 17, 2020, as Control Number 602303078, which held the mortgage pursuant to an assignment from Wells Fargo Bank, N.A. dated September 7, 2017, and recorded September 15, 2017, as Control Number 572583181, which assigned the mortgage for which defendant Gottesman is the mortgagor, which mortgage is dated May 11, 2009, and recorded with the Westchester County clerk on June 3, 2009 in Control Number 491410105, which mortgage continues to encumber the Lot and has not been further assigned, released or satisfied of record. 6. Upon information and belief, Defendant the Secretary of Housing and Urban Development (HUD)is the holder of a Mortgage B on the Unit in the principal amount of $412,500.00, which mortgage is dated May 11, 2009, and recorded with the Westchester County clerk on June 3, 2009 in Control Number 491410124. 2 4 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 7. The Declaration provides that the owner of each unit at 1270 North covenants and agrees to be subject to the provisions of the Declaration, the Bylaws and the Rules and Regulations including the obligation to pay to the board of managers, on behalf of all the unit owners, common charges and assessments (collectively referred to herein as “assessments”), and if such assessments are not paid within thirty days after the due date then the unit owner shall be liable for the costs of collection, late charges and reasonable attorney fees incurred by 1270 North in collecting same. 8. The Declaration further provides in substance that the assessments shall be a charge and continuing lien upon each unit at 1270 North, which amounts shall run with the land, and shall bind the heirs, successors, and assigns of each lot owner. 9. The Declaration additionally provides that the assessments shall be the personal obligation of the owner of each lot at the time they come due. 10. According to the Declaration, if the assessments are not paid when due, 1270 North is authorized to commence and prosecute an action to foreclose its lien against the lot, to the appointment of a receiver to collect assessments, and at the resulting foreclosure sale to purchase the lot, and thereafter to acquire, hold, lease, convey or otherwise deal with the lot. 11. The Declaration authorizes 1270 North to commence and prosecute an action to recover a personal money judgment against an owner of a lot for the failure to pay the assessments and such suit may be maintained without foreclosing or waiving the lien securing the same. 12. The Declaration provides that no unit at 1270 North is exempt from the payment of the assessments. 13. Pursuant to Real Property Law Section 339-z and 339-aa, a “Notice of Lien” for unpaid condominium charges dated December 1, 2023, was filed by the plaintiff against Gottesman and the unit with the Westchester County Clerk on December 14, 2023, as Control No. 6333423133. 3 5 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 FIRST CAUSE OF ACTION 14. Pursuant to the terms of the Declaration, Gottesman was invoiced for assessments and other amounts owed to 1270 North in connection with her Unit. 15. Gottesman failed and continues to fail and refuse to pay to 1270 North Assessments and other amounts that are owed in connection with her Unit. 16. Through March 6, 2024, Gottesman owes to the Plaintiff assessments and other amounts in the amount of $10,679.20, which amount Gottesman failed and refused to pay, and which amounts continue to increase at the present rate of $694.00 per month, plus additional fees, late fees, and attorney fees. 17. Gottesman is delinquent in her obligations pursuant to the Declaration and owes 1270 North common charges, assessments, interest at the statutory rate, costs, disbursements, late fees, and reasonable attorney fees. 18. 1270 North is entitled to a personal money judgment in its favor and against Gottesman for unpaid common charges, assessments, interest at the statutory rate, together with costs, disbursements, late fees, and reasonable attorney fees. SECOND CAUSE OF ACTION 19. The allegations set forth above are repeated and incorporated by reference. 20. Pursuant to the Declaration and the Notice of Lien, 1270 North has and claims liens against the Unit for unpaid assessments, common charges, and fees, as well as for interest, costs, disbursements, late fees, and attorney fees. 21. 1270 North’s lien has not been paid, cancelled, or discharged of record, and there are no other proceedings in law or in equity to recover the amounts claimed herein. 22. 1270 North is entitled to a judgment of foreclosure of its lien and, upon the foreclosure, sale of the lot and the proceeds of such foreclosure sale. 4 6 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 WHEREFORE, Plaintiff BOARD OF MANAGERS OF 1270 NORTH CONDOMINIUM, on behalf of the unit owners, prays for judgment granting the following relief: a) As to the First Cause of Action, a personal money judgment in favor of the Plaintiff and against defendant Gottesman in the amount of $10,679.20 through March 6, 2024, for unpaid common charges, and assessments, together with additional charges, late fees, assessments, and fees as they continue to accrue and remain unpaid, and interest at the statutory rate, together with costs, disbursements and reasonable attorney fees; b) As to the Second Cause of Action, that the Court adjust and determine the equities of all parties to this action and determine the respective priorities of the various liens, if any, and the interests of all the parties herein; that it adjudge that the Plaintiff has a valid lien upon the Unit in an amount as set forth in the complaint, with interest at the statutory rate, costs, disbursements, and reasonable attorney fees; that all other parties claiming under the Plaintiff and/or under the defendant be forever foreclosed of all right and equity of redemption or other interest in the Unit; that the Unit be sold as provided by law, and the proceeds of such sale be brought into Court and thence paid to the Plaintiff in the amounts due it including interest at the statutory rate, the costs and disbursements of the action, and reasonable attorney fees; that either or any of the parties to this action may become a purchaser upon such sale; that this court, if requested, forthwith appoint a receiver of the rents and profits of said premises with the usual power and duties; and that defendant Gottesman be adjudged to pay any deficiencies that may remain after applying all such moneys so applicable thereto; and, 5 7 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 c) That the Plaintiff have such other and further relief as to this Court may seem just and proper. Dated: March 6, 2024 White Plains, NY Diane E. Selker, Esq. GOLDENBERG & SELKER, LLP Attorneys for Plaintiff 399 Knollwood Rd., Suite 112 White Plains, NY 10603 (914) 997-0999 6 8 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 VERIFICATION STATE OF NEW YORK ) }: ss: COUNTY OF WESTCHESTER) LIZ CARROLL NEVERMANN, being duly sworn, deposes and says: I am the Property Manager for 1270 North Condominium, plaintiff in the within action on behalf of the unit owners. I have read the foregoing complaint and know the contents thereof; the same are true to my own knowledge, except as to matters stated therein to be alleged upon information and belief, and as to those matters, I believe them to be true. The basis of my knowledge as to the truth of the matters stated in the complaint are the books and records maintained by the plaintiff and its managing agent, and a search conducted by a title insurance company. Elizabeth Nevermann Authorized Agent on behalf of Board of Managers Sworn to before me the _Q day of February 2024 otary Public LAURIE A. SARRACO Notmy PuNic - State of New York No.018A6321168 QualiAed in Dutchess County My commission Expires oa/16/a1 1 9 of 10 FILED: WESTCHESTER COUNTY CLERK 03/06/2024 01:03 PM INDEX NO. 58138/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2024 National Real Estate Services, Inc. Title Number: ACC-7235 Page 1 SCHEDULE A DESCRIPTION The Unit known as L-2 (hereinafter called the "Unit") in the Declaration Establishing a Plan for Condominium Ownership of the Building and the land on which it is erected (hereinafter called the "Property") made by 1270 NORTH INC. (a corporation organized and existing under the laws of the State of New York), under the Condominium Act of the State of New York (Article 9-B of the Real Property Law of the State of New York), which Declaration is 10* dated the day of December, 1985 and recorded in the Office of the County Clerk of 17* Westchester County, Division of Land Records, on the day of Day of December, 1985 in Liber 8297 of Conveyances Page 301 (hereinafter called the "Declaration"), and also designated on the Tax Rolls of the Assessor of the City of New Rochelle as Section 5, Block 1810, Lot no. 1211, and further designated and shown on the Floor Plans, certified by Louis Goodman, Architect, dated November 20, 1985 and filed in the Office of the County Clerk of Westchester County, Division of Land Records, on November 22, 1985 as Map No. 22125. The land on which the Building containing the unit located, is shown on a Map entitled, "Survey of 1270 North Condominium", dated December 1, 1984 made by Aristotle Bournazos, New York State LLC Surveyor and filed in the Office of the County Clerk of Westchester County, Division of Land Records on November 22, 1985 as Map No. 22124. TOGETHER with an undivided .6296 percent interest in the Common Elements of the property as defined in the Declaration, (hereinafter called the "Common Elements"). TOGETHER with Parking Space No. 81. 1 10 of 10