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  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
  • Newro Associates Corp v. Blue Mountain Partners Llc, Singer Energy Group Llc, Sr Holdings 1 Llc, Carmela Cannavo, John Doe 1 Through Jane Doe 12 the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporation, if any, having or claiming an interest in or lien upon the premises described in the complaintReal Property - Mortgage Foreclosure - Commercial document preview
						
                                

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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. 1 1 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 2 2 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 3 of 122 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, 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. 1 4 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 2 5 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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. 3 6 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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; 4 7 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 5 8 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 6 9 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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 7 10 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 "1" EXHIBIT 11 of 122 FILED: WESTCHESTER COUNTY CLERK 03/14/2024 10:23 AM INDEX NO. 58641/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 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