Motion for Writ in Spring Valley Housing Authority v. Jonathan Cancel a/k/a JONATHAN CANCEL-BAEZ, Kaileigh Annarose Brady a/k/a KALEIGH ANNAROSE LOVE, Giovannie Cancel| Trellis.Law

On May 30, 2024 a Summons was filed involving a dispute between Spring Valley Housing Authority, and Giovannie Cancel, Jonathan Cancel A K A Jonathan Cancel-Baez, Kaileigh Annarose Brady A K A Kaleigh Annarose Love, for Commercial - Contract in the District Court of Rockland County.

Preview
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 AM INDEX NO. 032995/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024

Our File No: 22512

SUPREME COURT OF THE STATE OF NEW YORK Plaintiff designates Rockland
County as the place of Trial
COUNTY OF ROCKLAND
The basis of venue is:
---------------------------------------------------------------------------------------------X
Plaintiff's address and
SPRING VALLEY HOUSING AUTHORITY, Locus of Transactions.
Plaintiff,
~ against ~

JONATHAN CANCEL a/k/a JONATHAN CANCEL-BAEZ §nnunDns
& KAILEIGH ANNAROSE BRADY a/k/a KALEIGH ANNAROSE LOVE
& GIOVANNIE CANCEL,
Plaintiff does business at:
Defendants. 76 GESNER DR
--------------------------------------------------------------------------------------------X SPRING VALLEY NY 10977
COUNTY OF ROCKLAND

To the above named Defendants

YOU ARE HEREBY SUMMONED and required to serve upon the Plaintiff's attorney an
answer to the complaint in this action 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 was not personally delivered to you within the State of New
York. In case of your failure to answer, Judgment will be taken against you by default
for the relief demanded in the complaint together with the costs of this action.

DATED: April 2, 2024
STEPHEN P. DEWEY, ESQ., P.C.

STEPHEN P. DEWEY, ESQ.
Attorney(s) for Plaintiff
Office: 1 Gilbert Park, Ossining NY
Mailing Address:
PO Box 2511
Briarcliff Manor NY 10510-2511
Telephone Number: (914) 923-6401
Defendants' addresses:

JONATHAN CANCEL KAILEIGH ANNAROSE BRADY GIOVANNIE CANCEL
a/k/a JONATHAN CANCEL-BAEZ a/k/a KALEIGH ANNAROSE LOVE 120 GROVE ST
113 WESTERVELT PL APT# 2 113 WESTERVELT PL APT# 2 MONSEY NY 10952-3609
LODI NJ 07644-1007 LODI NJ 07644-1007

NOTE: The relief sought is a Judgment for monies owed due to Defendants's breach of
contract, inter alia, with costs and interest as stated above, and for any other such
relief as the Court deems necessary and appropriate.

1 of 6
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 AM INDEX NO. 032995/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024
Our File No: 22512

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
------------------------------------------------------------------------------------------------X

SPRING VALLEY HOUSING AUTHORITY,

Plaintiff,
~ against ~

JONATHAN CANCEL a/k/a JONATHAN CANCEL-BAEZ
& KAILEIGH ANNAROSE BRADY a/k/a KALEIGH ANNAROSE LOVE
& GIOVANNIE CANCEL,

Defendants.
------------------------------------------------------------------------------------------------X

NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202-5-bb)

You have received this notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Court E-filing system ("NYSCEF"), and:

2) You are a Defendant/Respondent (a party) in this case.

If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).

If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.

If you chose to participate in e-filing, you must have access to a computer and a scanner or other device to
convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of
documents.

The benefits of participating in e-filing include:
serving and filing your documents electronically
free access to view and print your e-filed documents
limiting your number of trips to the courthouse
paying any court fees on-line (credit card needed)

To register for e-filing or for more information about how e-filing works:
visit: www.nycourts.gov/efile-unrepresented or
contact the Clerk's Office or Help Center at the court where the case was filed.
Court contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov

Page 1 of 2

2 of 6
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 AM INDEX NO. 032995/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024

Information for Attorneys
(E-Filing is Mandatory for Attorneys)

An attorney representing a party who is served with this notice must either:

1) immediately record his or her representation within the e-filed matter on the NYSCEF site
www.nycourts.gov/efile : or

2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all
parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they
lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all
employees subject to their direction) the knowledge to operate such equipment [Section 202.5-bb(e)]

For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at
www.nycourts.gov/efile or contact the NYSCEF Resource Center at (phone 646-386-3033 or
e-mail:efile@nycourts.gov).

DATED: April 2, 2024
STEPHEN P. DEWEY, ESQ., P.C. Office: 1 Gilbert Park, Ossining NY
Mailing Address:
PO Box 2511
Briarcliff Manor NY 10510-2511
STEPHEN P. DEWEY, ESQ. Telephone Number: (914) 923-6401
Attorney for Plaintiff

TO:

Page 2 of 2

3 of 6
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 AM INDEX NO. 032995/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024
Our File No: 22512

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
-----------------------------------------------------------------------------------------------X

SPRING VALLEY HOUSING AUTHORITY,
Plaintiff,
~ against ~

JONATHAN CANCEL a/k/a JONATHAN CANCEL-BAEZ
& KAILEIGH ANNAROSE BRADY a/k/a KALEIGH ANNAROSE LOVE
& GIOVANNIE CANCEL,
Defendants.
----------------------------------------------------------------------------------------------X

The Plaintiff above named by STEPHEN P. DEWEY, ESQ., attorney, complaining of the
Defendants respectfully shows to the Court and alleges:

1. That during the time herein stated, the Plaintiff was and still is a domestic
municipal governmental agency duly authorized to do business within the State of New York
and conducts business at 76 GESNER DR, SPRING VALLEY NY 10977.

2. That upon information and belief, that at all times hereinafter mentioned, the
Defendant JONATHAN CANCEL a/k/a JONATHAN CANCEL-BAEZ above mentioned was and still is an
individual residing or doing business at the address shown on the Summons annexed hereto.

3. That upon information and belief, that at all times hereinafter mentioned, the
Defendant KAILEIGH ANNAROSE BRADY a/k/a KALEIGH ANNAROSE LOVE above mentioned was and
still is an individual residing or doing business at the address shown on the Summons
annexed hereto.

4. That upon information and belief, that at all times hereinafter mentioned, the
Defendant GIOVANNIE CANCEL above mentioned was and still is an individual residing or
doing business at the address shown on the Summons annexed hereto.

5. That the Defendants entered into a written lease agreement and subsequent lease
renewals with the Plaintiff by which the Defendants agreed to pay monthly rental in the
amount of $2,008.00, for the premises known as 16 GESNER DR, SPRING VALLEY NY 10977, and
further agreed to pay the same by the first day of each month.

6. That Plaintiff did not obtain possession of the aforesaid premises until on or
after June 1, 2023. The Defendants failed to give proper and timely notice of vacatur.

7. That the Defendants have failed to pay the aforesaid agreed upon and reasonable
value of rent for the premises for the following months:

June 1, 2023.................... $2,008.00
May 1, 2023..................... $2,008.00
April 1, 2023................... $2,008.00
March 1, 2023................... $2,008.00
February 1, 2023................ $2,008.00
January 1, 2023................. $2,008.00
December 1, 2022................ $2,008.00
November 1, 2022................ $2,008.00
October 1, 2022................. $2,008.00
September 1, 2022............... $2,008.00
August 1, 2022..(balance)....... $1,388.00
TOTAL.................................$21,468.00.

8. That heretofore and before the commencement of this action, due notice was given
to the Defendants, and no part thereof has been paid although duly demanded, and
Defendants have been given credit for the balance of a security deposit, and there now
remains due and owing from the Defendants $21,468.00 with interest from June 1, 2023.

4 of 6
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 AM INDEX NO. 032995/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024

9. Rents were not collected from any other sources for the period and premises
stated.

WHEREFORE, Plaintiff demands Judgment against the Defendants for the sum of
$21,468.00 with interest from June 1, 2023, plus the costs and disbursements of this
action, and any other such relief as the Court may deem appropriate and proper.

DATED: OSSINING, NEW YORK
April 2, 2024
STEPHEN P. DEWEY, ESQ., P.C.

STEPHEN P. DEWEY, ESQ.
Attorney(s) for Plaintiff
Office: 1 Gilbert Park, Ossining NY
Mailing Address:
PO Box 2511
Briarcliff Manor NY 10510-2511
Telephone Number: (914) 923-6401

5 of 6
FILED: ROCKLAND COUNTY CLERK 05/30/2024 10:20 INDEX NO. 032995/2024
. . AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2024

Werification

State of Nein WarIt ) as
) as.:

(County ofWestrliester)as

The undersigned, KEITH H. BURRELL, being duly sworn, deposes and says:

Deponent is the Executive Director of SPRING VALLEY HOUSING AUTHORITY, a domestic
municipal governmental agency and makes this verification because he has read the
foregoing Complaint and knows the contents thereof. The same is true to deponent's own
knowledge except to matters stated to be alleged upon information and belief, and as to
those matters, deponent believes it to be true. The grounds of deponent's belief as to
all matters not stated upon deponent's own knowledge are as follows:

The sole basis of all allegations and beliefs set forth herein is the records of the
Plaintiff kept in the normal course of business.

SPRING VALLEY HOUSINGAUTHORITY

KEdÇHH. BUR1 L1, 2x~ecutive Director

Sworn to before me on this 2nd day of April, 2024.

OSEMARIEMURANELLI
otary Public, State of New York
No. 01-5001975
Qualified in Westchester County
Commission Expires Sept. 21, 2026

6 of 6

Case Info

Case No.

(Subscribe to View)

Document Filed Date

May 30, 2024

Case Filing Date

May 30, 2024

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Summons: Spring Valley Housing Authority v. Jonathan Cancel a/k/a JONATHAN CANCEL-BAEZ, Kaileigh Annarose Brady a/k/a KALEIGH ANNAROSE LOVE, Giovannie Cancel

Preview

Case Info

Parties