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FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------------------Ç
Newro Associates, Corp., Index No.:
Plaintiff, SUMMONS
-against-
Blue Mountain Partners LLC; Singer Energy Plaintiff Designates
Group LLC; SR Holdings 1 LLC; Carmela Cannavo; WESTCHESTER COUNTY
#1" #12"
and "JOHN DOE through "JANE DOE the as place of trial based
last twelve names being fictitious and unknown to upon location of the
plaintiff, the persons or parties intended being the properties being
tenants, occupants, persons or corporations, if any, foreclosed on
having or claiming an interest in or lien upon the
premises described in the complaint, Premises:
See Attached List
Defendants.
-__-------------------------------------Ç
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action
and to serve a copy of your answer, or, if the complaint is not served with this
summons, to serve a notice of appearance on the plaintiff's attorney within twenty
(20) days after the service of this Summons, exclusive of the day of service (or
within thirty (30) days after the 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.
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THIS IS AN ACTION FOR THE FORECLOSURE OF COMMERCIAL
PROPERTIES.
Dated: Yonkers, New York
March 1, 2024
Yours, etc.
VENE , TO, SCHWART CURTO, LLP
By:
ep t Esq.
Attorney for Plai t1ff
35 East Grassy S ain Ro d, Suite 400
Yonkers, New York 710
(914) 779-1100
To: Blue Mountain Partners LLC
507 North Main Street
Port Chester, New York 10573
Singer Energy Group LLC
55 S. Main Street
Port Chester, New York 10573
SR Holdings 1 LLC
10 Bank Street, Suite 560
White Plains, New York 10606
Carmela Cannavo
132 Sandbar Drive
Jupiter, Florida 33477
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LIST OF PROPERTIES
1. NY - Section Block
455 Willet Avenue, Port Chester, 10573 136.63, 2, Lot 41
2. 37 NY - Section Block
Madison Avenue, Port Chester, 10573 136.64, 1, Lot 14
NY - Section Block
3. 313 Westchester Avenue, Port Chester, 10573 142.201, 2, Lot 14
NY - Block
4. 234-241 South Regents, Port Chester, 10573 Section 141.44, 3, Lot 69
NY - Section Block
5. 235 South Regents, Port Chester, 10573 141.44, 3, Lot 68
6. 241 South Regents, Port Chester, NY 10573 - Section
141.44, Block 3, Lot 70
17 Central NY - Section Block
7. Avenue, Port Chester, 10573 142.46, 1, Lot 17
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-------------------------------------------Ç
Newro Associates, Corp., Index No.:
Plaintiff, COMPLAINT
-against-
Blue Mountain Partners LLC; Singer Energy
Group LLC; SR Holdings 1 LLC; Carmela Cannavo;
#1" #12"
and "JOHN DOE through "JANE DOE the
last twelve names being fictitious and unknown to
plaintiff , the persons or parties intended the
being
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises described in the complaint,
Defendants.
-------------------- __-------------------Ç
Plaintiff, by its attorneys, VENERUSO, CURTO, SCHWARTZ & CURTO,
LLP complaining of defendants respectfully allege upon information and belief as
follows:
1. Newro Associates, Corp. ("Plaintiff") is a New York Corporation
having an office at 271 North Avenue, New Rochelle, New York 10801.
2. Blue Mountain Partners LLC ("Defendant") is a New York limited
liability company having an office at 507 North Main Street, Port Chester, New
York 10573.
3. Singer Energy Group LLC is a New York limited liability company
having an office address of 55 S. Main Street, Port Chester, New York 10573.
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4. SR Holdings 1 LLC is a Foreign limited liability company authorized
to do business in New York with an office address of 10 Bank Street, Suite 560,
White Plains, New York 10606.
5. Carmela Cannavo is an individual at 132 Sandbar Drive,
residing
Jupiter, Florida 33477.
6. John Doe #1 through Jane Doe #12 are persons which may have an
interest in the properties foreclosed.
being
7. The defendants are named herein based upon their interests as set
forth on the attached Exhibit "1".
8. On or about the following date the following named mortgagor
duly
executed, acknowledged and delivered to the following named mortgagee the
following instruments, which were extended, modified and finally assigned to
plaintiff with the same force and effect as if set forth at length herein:
INSTRUMENT: Original Notes and Consolidation of Promissory
Notes and Mortgages ("Note and Mortgage");
copies of which are attached hereto as Exhibit
"2" "2a"
and which were extended, modified
"3"
and finally assigned to plaintiff, see Exhibit
DATE: April 13, 2012 and September 26, 2012
DATE RECORDED: November 20, 2013 and October 28, 2014
MORTGAGEE: ECP Port Chester LLC
MORTGAGOR: Blue Mountain Partners LLC
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AMOUNTS: $1,365,010.00 and $1,361,897.00
GUARANTOR: Carmela Cannavo
9. All of the premises foreclosed on herein are commercial
being
"4"
properties, and their legal descriptions are set forth in Exhibit attached hereto
and known as:
NY -
a) 455 Willet Avenue, Port Chester, 10573 Section 136.63,
Block 2, Lot 41
37 Madison Port NY 10573 - Section
b) Avenue, Chester, 136.64,
Block 1, Lot 14
c) 313 Westchester Avenue, Port Chester, NY 10573 - Section 142.201,
Block 2, Lot 14
234-241 South Port NY 10573 - Section
d) Regents, Chester, 141.44,
Block 3, Lot 69
NY -
e) 235 South Regents, Port Chester, 10573 Section 141.44,
Block 3, Lot 68
NY - Section
f) 241 South Regents, Port Chester, 10573 141.44,
Block 3, Lot 70
17 Central Port NY 10573 - Section
g) Avenue, Chester, 142.46,
Block 1, Lot 17
10. The modified principal amount, interest, and net taxes and Insurance
was due on October 2, 2022.
Defendant, Blue Mountain Partners LLC, failed to make timely final
payment on the due date. The Mortgage Notes are currently in default. The
current principal balance due as of November 16, 2022 is $3,012,781.65, along with
interest at the rate of 10.2%, late charges of 6% and further advances made by
plaintiff and authorized by the Notes and Mortgages.
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In violation and breach of the Mortgage, Defendant, Blue Mountain
Partners LLC, has also failed to pay the real estate taxes.
11. Any applicable tax was paid at the time of of the
recording recording
aforementioned mortgages.
12. No other action or proceeding is now pending at law or otherwise
for the foreclosure of said mortgages or for of the said sums secured
recovery by
said notes and mortgages or part thereof.
any
13. Plaintiff requests that in the event that this action will proceed to
judgment of foreclosure and sale, said premises should be sold subject to the
following:
A. Any state of facts that an inspection of the premises would
disclose,
B. Any state of facts that an accurate survey of the premises
would show;
C. Covenants, restrictions, easements and public utility
agreements of record, if any;
D. and ordinances of the municipality in which
Building zoning
the mortgaged premises are located and possible violations of same;
E. rights of tenants or persons in possession of the subject
Any
premises;
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F. Prior lien(s) of record, if any;
G. Municipal violations, if any; and
H. Past due real estate taxes and transfer taxes to be paid by any
foreclosure sale purchaser.
14. Any defendant captioned as a corporation or limited liability
company is a New York authorized entity.
15. In the event that Plaintiff possesses other lien(s) against said
any
mortgaged premises either by way of judgment, junior mortgage or otherwise,
Plaintiff requests that such other lien(s) shall not be merged in Plaintiff's cause of
action set forth in this complaint, but the Plaintiff shall be permitted to enforce
said other lien(s) and/or seek determination of thereof in independent
priority any
action(s) or proceeding(s), including, without limitation, any surplus money
proceedings.
16. Plaintiff shall not be deemed to have waived, altered, released or
changed the election, if any, hereinbefore made by reason of any payment after the
commencement of this action, or any or all of the defaults mentioned herein and
such election shall continue and remain effective.
WHEREFORE, the Plaintiff demands judgment
1. Against the defendants and each of them and all persons claiming
under them or any of them, subsequent to the commencement of this action and
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the filing of a notice of pendency thereof, be barred and foreclosed of and from all
estate, right, title, interest, claim, lien and equity of redemption of, in and to the
said mortgaged premises and each and part and parcel thereof; that the said
every
premises may be decreed or sold according to law, subject to the terms set forth in
"11"
paragraph of this complaint; that the monies arising from the sale thereof
may be brought into Court; that the Plaintiff may be paid the amount due on the
notes and mortgages as hereinbefore set forth, with interest and late charges to the
time of such payment and the expenses of such sale, plus reasonable attorney's
fees, together with the costs, allowances and disbursements of this action and
together with any sums incurred by Plaintiff pursuant to any term or provision of
the notes and mortgages set forth in this complaint, or to protect the lien of
Plaintiff's mortgages, together with interest upon said sums from the dates of the
respective payments and advances thereof, so far as the amount of such monies
properly applicable thereto will the same; that this Court forthwith appoint a
pay
receiver of the rents and profits of said premises during the pendency of this
action with the usual powers and duties and that in the event that Plaintiff
possesses other lien(s) against said mortgaged premises either by way of
any
judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s)
shall not be merged in Plaintiff's cause of action set forth in this complaint, but
that Plaintiff shall be permitted to enforce said other lien(s) and/or seek
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determination of priority thereof in independent action(s) or proceeding(s),
any
including, without limitation, any surplus money proceedings on it;
2. Against Carmela Cannavo, as Guarantor for which
any deficiency
may be due and owing after the foreclosure sale; and
3. Plaintiff may have such other and further relief as may be just and
equitable, including reasonable attorney fees and disbursements.
Dated: Yonkers, New York
March 1, 2024
Yours, etc.,
VENE URTO, SCHWAR & CURTO, LLP
By:
Joseph R. Curt , s .
Attorney for PlaItiff
35 East Grassy Road, Suite 400
Yonkers, New York 10710
(914) 779-1100
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"1"
EXHIBIT
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Pro National Title Agency
390 Norttr Broadway, Suite 100 Jericho, NV fl753
516-677-9757
SCHEDULE C
NECESSARY AND PROPER PARTIES DEFENDANT
Title No. PNTFC45587W
This certification is made on the assumption that all parties are to be personally served in the
proposed action. If any of the persons hereinafter named be dead, their legal representative
and successors in interest should be made parties defendant after search has been amended.
If investigation by applicant discloses that there are other persons having an interest in the
property whose rights are subordinate to the mortgage or lien to be foreclosed, such persons
should also be made parties defendant after search has been amended. If any leases,
mortgages or other liens recorded prior to the period covered by this search, but which, by
reason of subordination clauses contained therein or otherwise, are in fact subordinate to the
lien of the mortgage or lien to be foreclosed, all persons interested in said leases, mortgage or
other liens should also be made parties defendant after search has been amended.
If the United States of America, State of New York, or City of New York or any their agencies, are made parties,
complaint must be set forth the reason therefore in detail. (See R.P.A. and P.L. Section 202 and 202A and 28
U.S.C.A. 2410.)
The Addresses of parties herein given were obtained