Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 12:23 PM INDEX NO. 850032/2023
NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 03/13/2024
EXHIBIT
5HIHUHH2DWKDQG5HSRUW
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 03/13/2024
02/27/2024 12:23
05:36 PM
PM INDEX NO.
INDEX NO. 850032/2023
850032/2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 103
98 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 02/27/2024
03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index. No. 850032/2023
DCR MORTGAGE 10 SUB 4, LLC,
OATH OF REFEREE TO COMPUTE
Plaintiff,
v. MORTGAGED PREMISES
30*
47 East Street
47-30 REALTY ASSOCIATES LLC, 47 New York, New York 10016
30"
GROUP LLC, 47 EAST STREET LLC,
MOIN MOINIAN, NEW YORK CITY BLOCK: 860
ENVIRONMENTAL CONTROL BOARD, LOTS: 34
FORTRESS CREDIT CO., LLC (DE LLC),
MURRAY HILL PET HOSPITAL a/k/a
DESTINATION PET,
Defendants.
I, Jeffrey R. Miller, Esq., the Referee appointed by the "Amended Decision + Order of
Motion,"
signed by the Honorable Francis A. Kahn, J.S.C, on January 3, 2024, and duly entered
by the New York County Clerk's Office on January 5, 2024, bearing Index Number
850032/2023, to ascertain and compute the amount due to Plaintiff, DCR Mortgage 10 Sub 4,
LLC ("Plaintiff"), herein for principal, interest, costs, fees and other disbursements advanced as
provided for by statute, and in certain promissory notes and mortgages, and against 47-30
REALTY ASSOCIATES LLC, 47 GROUP LLC, 47 EAST 30TH STREET LLC, and MOIN
MOINIAN, jointly and severally, in the amount of $5,984,475.93, as of December 28, 2023,
which is secured by the subject mortgages and remains due and unpaid, together with lawful
attorneys'
interest to accrue thereon, less credits for payments made, except fees, upon which
this action was brought, and to examine and report whether the Mortgaged Premises can be sold
in parcels, do solemnly swear that I will faithfully and fairly determine the questions so referred
to me and make a just and true report thereon according to the best of my understanding and as
Motion"
the said "Amended Decision + Order of requires.
1 of 2
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Jeffrey iller, Esq.
Sworn t subscribed efore
me this day of u , 2024
Notary Publ
Doron Leiby
NOTARY PUBLIC, State of New York
No. 02LE6203534
Qualified in Kings County
Commission Expires 04/06/
2
2 of 2
FILED: NEW
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YORK COUNTY
COUNTY CLERK
CLERK 03/13/2024
02/27/2024 12:23
05:36 PM
PM INDEX NO.
INDEX NO. 850032/2023
850032/2023
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NO. 103
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RECEIVED NYSCEF:
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03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index. No. 850032/2023
DCR MORTGAGE 10 SUB 4, LLC,
REPORT OF AMOUNT DUE
Plaintiff,
v. MORTGAGED PREMISES
30*
47 East Street
47-30 REALTY ASSOCIATES LLC, 47 New York, New York 10016
30"
GROUP LLC, 47 EAST STREET LLC,
MOIN MOINIAN, NEW YORK CITY BLOCK: 860
ENVIRONMENTAL CONTROL BOARD, LOTS: 34
FORTRESS CREDIT CO., LLC (DE LLC),
MURRAY HILL PET HOSPITAL a/k/a
DESTINATION PET,
Defendants.
TO: THE SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Motion"
Pursuant to the "Amended Decision + Order of signed by the Honorable Francis
A. Kahn, J.S.C, on January 3, 2024, and duly entered by the New York County Clerk's Office
on Index Number 850032/2023 (the the above-
January 5, 2024, bearing "Order"), whereby
entitled action was referred to the undersigned as referee to ascertain and compute the amount
due to Plaintiff, DCR Mortgage 10 Sub 4, LLC ("Plaintiff"), by virtue of certain notes and
mortgages, dated December 22, 2017, upon which this action was brought, and also to examine
and report whether the Mortgaged Premises can be sold in parcels.
I, Jeffrey R. Miller, Esq., the Referee appointed in the Order, do report, that before
proceeding to hear the testimony I was first duly sworn to determine the questions referred to
me, and to make a just and true report thereof, according to the best of my understanding; that I
have computed and ascertained the amount due to Plaintiff upon the notes and mortgages of
which $5,984,475.93 remains due and unpaid, together with lawful interest to accrue thereon,
plus attorney's fees and expenses, and that I find, and accordingly report, that there is due to
Plaintiff on the notes and mortgages, the amount of $5,984,475.93, as of December 28, 2023,
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plus interest accruing at the default rate, for December 29, 2023 and for each and every day
thereafter, as set forth below.
Schedule A, annexed to this Report, contains a schedule of the documentary evidence
introduced before me, and shows the amounts due for principal on the notes and mortgages, and
legal interest due thereafter, and other amounts now due to Plaintiff from defendants 47-30
REALTY ASSOCIATES LLC, 47 GROUP LLC, 47 EAST 30TH STREET LLC, and MOIN
MOINIAN, jointly and severally.
I have made inquiry as to the advisability of selling the Mortgaged Premises in parcels
and find accordingly that the Mortgaged Premises should be sold in one parcel.
2 of 280
FILED: NEW
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YORK COUNTY
COUNTY CLERK
CLERK 03/13/2024
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PM INDEX NO.
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"A"
Schedule
1. A true and accurate copy of the Summons and Verified Foreclosure Complaint,
filed with the New York County Clerk, of the Supreme Court of the State of New York, on
January 24, 2023, with the Exhibits 1 through 15 attached thereto, is attached hereto as Exhibit
"A".
2. A true and accurate copy of the Affidavit of Michael McGinn in Support of the
Motion for Summary Judgment, Order of Reference, and Related Relief, filed with the New York
County Clerk, on June 1, 2023 (exhibits excluded), is attached hereto as Exhibit "B".
Motion,"
3. A true and accurate copy of the "Decision + Order of signed by the
Honorable Francis A. Kahn, J.S.C, on December 8, 2023, and duly entered by the New York
County Clerk's Office on December 13, 2023, bearing Index Number 850032/2023 is attached
hereto as Exhibit "C".
Motion,"
4. A true and accurate copy of the "Amended Decision + Order of signed
by the Honorable Francis A. Kahn, J.S.C, on January 3, 2024, and duly entered by the New York
County Clerk's Office on January 5, 2024, bearing Index Number 850032/2023 is attached hereto
as Exhibit "D".
5. A true and accurate copy of the Affidavit of Service of the Notice of Entry of the
"Amended Decision + Order of Motion,", filed with the New York County Clerk on January 4,
2024 is attached hereto as Exhibit "E".
6. The Affidavit of Merit and Amount Due dated January 16, 2024 is attached hereto
as Exhibit "F".
3 of 280
FILED: NEW
FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 03/13/2024
02/27/2024 12:23
05:36 PM
PM INDEX NO.
INDEX NO. 850032/2023
850032/2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 103
99 RECEIVED
RECEIVED NYSCEF:
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Statement
Principal Balance as of 12/28/23 $4,229,300.67
Contract interest as of 12/28/23 $ 575,131.40
Default interest as of 12/28/23 $ 880,305.39
$ 210,185.97
Deferred interest as of 12/28/23
Late Charges as of 12/28/23 $ 26,878.12
Exit Fee: $ 62,674.38
TOTAL: $ 5,984,475.93
Dated: , 2024
By:
Jeffrey . iller, Esq.
4 of 280
4
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FILED: NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 03/13/2024
02/27/2024 12:23
05:36 PM
PM INDEX NO.
INDEX NO. 850032/2023
850032/2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 103
99 RECEIVED
RECEIVED NYSCEF:
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03/13/2024
(;+,%,7$
5 of 280
FILED:
FILED: NEW
NEW YORK
YORK COUNTY
COUNTY CLERK
CLERK 01/24/2023
02/27/2024 10:55
03/13/2024 05:36 AM
12:23 PM
PM INDEX NO.
INDEX NO. 850032/2023
850032/2023
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 103
1
99 RECEIVED
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01/24/2023
03/13/2024
6835(0(&28572)7+(67$7(2)1(:<25.
&2817<2)1(:<25.
'&50257*$*(68%//& ,QGH[1R
3ODLQWLII 'DWH3XUFKDVHG
DJDLQVW 6800216
5($/7<$662&,$7(6//& 0257*$*('35(0,6(6
*5283//& ($677+675((7 (DVWWK6WUHHW
//& 02,102,1,$1 1(:<25. 1HZdate, ¾.e.ptcm cq:uLeutS 3,3tfR(eo. D TAXES
Mortgage : Filing Fee:
Mortgage Amount: S 0.00 $ 0.00
Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): S 0.00 NYS Real Estate Transfer Tax:
City (Additional): S 0.00 $ 0.00
Spec (Additional): S 0.00 RECORDED OR FILED IN THE OFFICE
TASF: S 0.00 F THE CITY REGISTER OF THE
WA: S 0.00
CITY OF NEW YORK
NYCTA: S 0.00
Recorded/Filed 02-28-2022 15:52
Additional MRT: S 0.00
City Register File No.(CRFN):
TOTAL: S 0.00 2022000088543
Recording Fee: S 52.00
Affidavit Fee: $ 0.00
City Register Official Signature
https://a836-acris.nyc.gov/DS/DocumentSearch/DocumentlmageView?doc_id=2022021500230003 1/4
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FILED:
FILED:
FILED : NEW YORK
NEW YORK
NEW YORK COUNTY
COUNTY
COUNTY CLERK
CLERK
CLERK 02/27/2024
03/13/2024
01/24/2023 05:36
12:23
10:55 PM
PM INDEX
INDEX
INDEX NO. 850032/2023
NO.
NO. 850032/2023
850032 /2023
AM|
NYSCEF DOC.
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NYSCEF DOC.
DOC. NO.
Preview
FILED: NEW YORK COUNTY CLERK 03/13/2024 12:23 PM INDEX NO. 850032/2023 NYSCEF DOC. NO. 103 RECEIVED NYSCEF: 03/13/2024 EXHIBIT 5HIHUHH2DWKDQG5HSRUW FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 98 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index. No. 850032/2023 DCR MORTGAGE 10 SUB 4, LLC, OATH OF REFEREE TO COMPUTE Plaintiff, v. MORTGAGED PREMISES 30* 47 East Street 47-30 REALTY ASSOCIATES LLC, 47 New York, New York 10016 30" GROUP LLC, 47 EAST STREET LLC, MOIN MOINIAN, NEW YORK CITY BLOCK: 860 ENVIRONMENTAL CONTROL BOARD, LOTS: 34 FORTRESS CREDIT CO., LLC (DE LLC), MURRAY HILL PET HOSPITAL a/k/a DESTINATION PET, Defendants. I, Jeffrey R. Miller, Esq., the Referee appointed by the "Amended Decision + Order of Motion," signed by the Honorable Francis A. Kahn, J.S.C, on January 3, 2024, and duly entered by the New York County Clerk's Office on January 5, 2024, bearing Index Number 850032/2023, to ascertain and compute the amount due to Plaintiff, DCR Mortgage 10 Sub 4, LLC ("Plaintiff"), herein for principal, interest, costs, fees and other disbursements advanced as provided for by statute, and in certain promissory notes and mortgages, and against 47-30 REALTY ASSOCIATES LLC, 47 GROUP LLC, 47 EAST 30TH STREET LLC, and MOIN MOINIAN, jointly and severally, in the amount of $5,984,475.93, as of December 28, 2023, which is secured by the subject mortgages and remains due and unpaid, together with lawful attorneys' interest to accrue thereon, less credits for payments made, except fees, upon which this action was brought, and to examine and report whether the Mortgaged Premises can be sold in parcels, do solemnly swear that I will faithfully and fairly determine the questions so referred to me and make a just and true report thereon according to the best of my understanding and as Motion" the said "Amended Decision + Order of requires. 1 of 2 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 98 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 Jeffrey iller, Esq. Sworn t subscribed efore me this day of u , 2024 Notary Publ Doron Leiby NOTARY PUBLIC, State of New York No. 02LE6203534 Qualified in Kings County Commission Expires 04/06/ 2 2 of 2 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index. No. 850032/2023 DCR MORTGAGE 10 SUB 4, LLC, REPORT OF AMOUNT DUE Plaintiff, v. MORTGAGED PREMISES 30* 47 East Street 47-30 REALTY ASSOCIATES LLC, 47 New York, New York 10016 30" GROUP LLC, 47 EAST STREET LLC, MOIN MOINIAN, NEW YORK CITY BLOCK: 860 ENVIRONMENTAL CONTROL BOARD, LOTS: 34 FORTRESS CREDIT CO., LLC (DE LLC), MURRAY HILL PET HOSPITAL a/k/a DESTINATION PET, Defendants. TO: THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Motion" Pursuant to the "Amended Decision + Order of signed by the Honorable Francis A. Kahn, J.S.C, on January 3, 2024, and duly entered by the New York County Clerk's Office on Index Number 850032/2023 (the the above- January 5, 2024, bearing "Order"), whereby entitled action was referred to the undersigned as referee to ascertain and compute the amount due to Plaintiff, DCR Mortgage 10 Sub 4, LLC ("Plaintiff"), by virtue of certain notes and mortgages, dated December 22, 2017, upon which this action was brought, and also to examine and report whether the Mortgaged Premises can be sold in parcels. I, Jeffrey R. Miller, Esq., the Referee appointed in the Order, do report, that before proceeding to hear the testimony I was first duly sworn to determine the questions referred to me, and to make a just and true report thereof, according to the best of my understanding; that I have computed and ascertained the amount due to Plaintiff upon the notes and mortgages of which $5,984,475.93 remains due and unpaid, together with lawful interest to accrue thereon, plus attorney's fees and expenses, and that I find, and accordingly report, that there is due to Plaintiff on the notes and mortgages, the amount of $5,984,475.93, as of December 28, 2023, 1 of 280 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 plus interest accruing at the default rate, for December 29, 2023 and for each and every day thereafter, as set forth below. Schedule A, annexed to this Report, contains a schedule of the documentary evidence introduced before me, and shows the amounts due for principal on the notes and mortgages, and legal interest due thereafter, and other amounts now due to Plaintiff from defendants 47-30 REALTY ASSOCIATES LLC, 47 GROUP LLC, 47 EAST 30TH STREET LLC, and MOIN MOINIAN, jointly and severally. I have made inquiry as to the advisability of selling the Mortgaged Premises in parcels and find accordingly that the Mortgaged Premises should be sold in one parcel. 2 of 280 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 "A" Schedule 1. A true and accurate copy of the Summons and Verified Foreclosure Complaint, filed with the New York County Clerk, of the Supreme Court of the State of New York, on January 24, 2023, with the Exhibits 1 through 15 attached thereto, is attached hereto as Exhibit "A". 2. A true and accurate copy of the Affidavit of Michael McGinn in Support of the Motion for Summary Judgment, Order of Reference, and Related Relief, filed with the New York County Clerk, on June 1, 2023 (exhibits excluded), is attached hereto as Exhibit "B". Motion," 3. A true and accurate copy of the "Decision + Order of signed by the Honorable Francis A. Kahn, J.S.C, on December 8, 2023, and duly entered by the New York County Clerk's Office on December 13, 2023, bearing Index Number 850032/2023 is attached hereto as Exhibit "C". Motion," 4. A true and accurate copy of the "Amended Decision + Order of signed by the Honorable Francis A. Kahn, J.S.C, on January 3, 2024, and duly entered by the New York County Clerk's Office on January 5, 2024, bearing Index Number 850032/2023 is attached hereto as Exhibit "D". 5. A true and accurate copy of the Affidavit of Service of the Notice of Entry of the "Amended Decision + Order of Motion,", filed with the New York County Clerk on January 4, 2024 is attached hereto as Exhibit "E". 6. The Affidavit of Merit and Amount Due dated January 16, 2024 is attached hereto as Exhibit "F". 3 of 280 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 Statement Principal Balance as of 12/28/23 $4,229,300.67 Contract interest as of 12/28/23 $ 575,131.40 Default interest as of 12/28/23 $ 880,305.39 $ 210,185.97 Deferred interest as of 12/28/23 Late Charges as of 12/28/23 $ 26,878.12 Exit Fee: $ 62,674.38 TOTAL: $ 5,984,475.93 Dated: , 2024 By: Jeffrey . iller, Esq. 4 of 280 4 FILED: NEW FILED: NEW YORK YORK COUNTY COUNTY CLERK CLERK 03/13/2024 02/27/2024 12:23 05:36 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 03/13/2024 (;+,%,7$ 5 of 280 FILED: FILED: NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 01/24/2023 02/27/2024 10:55 03/13/2024 05:36 AM 12:23 PM PM INDEX NO. INDEX NO. 850032/2023 850032/2023 NYSCEF DOC. NYSCEF DOC. NO. NO. 103 1 99 RECEIVED RECEIVED NYSCEF: NYSCEF: 02/27/2024 01/24/2023 03/13/2024 6835(0(&28572)7+(67$7(2)1(:<25. &2817<2)1(:<25. '&50257*$*(68%//& ,QGH[1R 3ODLQWLII 'DWH3XUFKDVHG DJDLQVW 6800216 5($/7<$662&,$7(6//& 0257*$*('35(0,6(6 *5283//& ($677+675((7 (DVWWK6WUHHW //& 02,102,1,$1 1(:<25. 1HZdate, ¾.e.ptcm cq:uLeutS 3,3tfR(eo. D TAXES Mortgage : Filing Fee: Mortgage Amount: S 0.00 $ 0.00 Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): S 0.00 NYS Real Estate Transfer Tax: City (Additional): S 0.00 $ 0.00 Spec (Additional): S 0.00 RECORDED OR FILED IN THE OFFICE TASF: S 0.00 F THE CITY REGISTER OF THE WA: S 0.00 CITY OF NEW YORK NYCTA: S 0.00 Recorded/Filed 02-28-2022 15:52 Additional MRT: S 0.00 City Register File No.(CRFN): TOTAL: S 0.00 2022000088543 Recording Fee: S 52.00 Affidavit Fee: $ 0.00 City Register Official Signature https://a836-acris.nyc.gov/DS/DocumentSearch/DocumentlmageView?doc_id=2022021500230003 1/4 199 of 280 FILED: FILED: FILED : NEW YORK NEW YORK NEW YORK COUNTY COUNTY COUNTY CLERK CLERK CLERK 02/27/2024 03/13/2024 01/24/2023 05:36 12:23 10:55 PM PM INDEX INDEX INDEX NO. 850032/2023 NO. NO. 850032/2023 850032 /2023 AM| NYSCEF DOC. NYSCEF NYSCEF DOC. DOC. NO.