Preview
AN 04 INDEX NO. 033017/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/30/2024
EXHIBIT I
AND OUN O4: INDEX NO. 033017/2024
NYSCEE™ ae Phe 49 Moms, Downing & Sherred, [LP Mall Request tor eee ot OF Stolen VenIGIeDY // coon ke gage} RYCERPAP E67 024
Request for Redemption of Stolen Vehicle // 2020 Kia Forte, Vin
#3KPF24AD4LE262225
Brian Lundquist Wed, Jan 3, 2024 at 10:57 AM
To: "ParkingEnforcement (DOF)"
Cc: Krista VanHouten , Michael Davidson , Brian Lundquist
Dear Ms. Alverio
While we understand the holidays may have contributed to some delay, inasmuch your email further below alleges the
‘sales hold" on the vehicle expires today, we kindly ask one final time that PEU provide a response to our
multiple inquires below.
As discussed previously, if PEU should auction/sell/transfer the vehicle, we, on behalf of our client, will pursue damages
and costs against PEU through litigation as necessary.
Of course, we would overwhelmingly prefer to avoid this outcome, and therefore look forward to your prompt response
without further delay.
Thanks again for your assistance
Brian
-
Brian C. Lundquist
Morris, Downing & Sherred, LLP
One Main Street
P.O. Box 67
Newton, New Jersey 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
blundquist@mdsfirm.com | www.mdsfirm.com
On Fri, Dec 29, 2023 at 9:57 AM Brian Lundquist wrote:
Dear Ms. Alverio,
With the "sales hold" allegedly scheduled to expire on 1/3, kindly provide the courtesy of a response to the below ASAP.
Regards.
Brian
On Thu, Dec 14, 2023 at 11:59 AM Brian Lundquist wrote:
Dear Ms. Alverio
Kindly confirm the PEU's willingness to waive the $3,277.22 in "storage fees" so that our client can pick up the stolen
vehicle without further delay.
Again, Rockland originally attempted to recover the vehicle on October 13th, but was prohibited from doing so due to
PEU improperly conditioning recovery on a countersigned title.
Thanks for your assistance and feel free to contact me with any questions,
Brian
https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simp! msg ar 270367 115
AN 04 INDEX NO. 033017/2024
222) Morris, wing jerrec fal quest for mption o|
NY: 10. 10 oren Vericre / 202 ER EYED" KYSCEEY
OB 7307%2024
—-
Brian C. Lundquist
Morris, Downing & Sherred, LLP
One Main Street
P.O. Box 67
Newton, New Jersey 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
blundquist@mdsfirm.com | www.mdsfirm.com
On Wed, Dec 6, 2023 at 11:43 AM Brian Lundquist wrote:
Dear Ms. Alverio,
Thank you very much for your response below and continued assistance.
However, inasmuch as the subject vehicle (i) originates with a theft, and (ii) Rockland originally sought to redeem
the vehicle less than one week after impound (on or about October 13), but was improperly prohibited from doing
so for the reasons already stated, please confirm that the so-called "storage fees" in the amount of $3,277.22
detailed below will be waived by the PEU in full.
Should PEU refuse to waive this improper fee and insist on payment, Rockland will be constrained to preserve
and/or urgently pursue all remedies at law as a result of the PEU's refusal to release the vehicle back in October.
We thank you for your continued assistance. Of course, feel free to contact me if you have any questions,
Brian
-
Brian C. Lundquist
Morris, Downing & Sherred, LLP
One Main Street
P.O. Box 67
Newton, New Jersey 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
blundquist@mdsfirm.com | www.mdsfirm.com
On Wed, Dec 6, 2023 at 11:17 AM ParkingEnforcement (DOF) wrote:
Good Morning,
Please have your client provide the following information/documents so that your request for release can be
processed:
Hold harmless letter (see attached)
Chain of Title (Title was already submitted)
Dealer License/Certificate
Dealer plate, registration and insurance (if agent intends to drive vehicle off the lot)
Copies of the page of dealer’s police book where entry is made for the purchase of the impounded
vehicle.
SALES HOLD
PLATE NO: LYA7088-PA
https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 215
AN ON 04 INDEX NO. 033017/2024
NYSCER BOC No. 19 MOMs, Downing & Sherred, LLP Mall Request tor eee ot ‘OF Stolen VehicleDY // con ie gagc}n RYCERHAP E67 024
A Sales Hold expiring at midnight 1-3-24 has been entered in our electronic case file on behalf of the
Titleholder or Lienholder to submit lienholder documentation
PLEASE REMOVE THE VEHICLE FROM AUCTION IF SO SCHEDULED.
TOTAL FEES DUE AS OF TODAY ARE $3,277.22.
Storage is calculated at $15 per day plus tax (8.875%). Please check our website: http://nycserv.nyc.
gov/NYCServWeb/PVO_Find_Towed_Vehicle.jsp for updated fees.
Please retain this email as confirmation that a sales hold has been entered. This office will no longer
issue and email an independent sales hold form.
LESSOR/LIENHOLDER: Please notify this office of your decision to pursue or release your interest in the above
referenced vehicle currently impounded by
Marshal Howard J Schain (718-330-0242)
at
Ken Ben Industries, 1908 Shore Parkway, Brooklyn, NY 11211; (718) 802-0022.
If we do not receive a response to this email, the vehicle will be (re)scheduled for auction and sold
NOTE
THIS HOLD DOES NOT STOP ADDITIONAL INTEREST AND/OR STORAGE FEES FROM ACCRUING
THROUGH THE DATE PAYMENT IN FULL HAS BEEN MADE.
THIS HOLD WILL NOT EXTEND YOUR TIME TO PAY.
IF THE WORD “FINAL” IS WRITTEN IN THE REMARKS SECTION, NO OTHER HOLD WILL BE GRANTED
AND THE PERIOD OF TIME FOR THIS HOLD WILL NOT BE EXTENDED.
JUDGMENTS MAY BE RENDERD FOR OTHER UNPAID SUMMONSES, IF ANY, AND AN EXECUTION MAY
BE ISSUED REQUIRING THAT THE ADDITIONAL JUDGMENTS MUST ALSO BE PAID.
THIS HOLD SHALL NOT PREVENT THE NYC DEPARTMENT OF FINANCE FROM RELEASING THE
VEHICLE TO THE TITLE HOLDER OR THOSE WITH LIENS OR JUDGMENTS ON THE VEHICLE. IT IS YOUR
RESPONSIBILITY TO TAKE ALL NECESSARY STEPS TO PROTECT YOUR RIGHTS SINCE THE LAW DOES
NOT REQUIRE WE PROVIDE ANY NOTICE TO YOU WITH RESPECT TO ANY TITLE HOLDER, LIEN
HOLDER OR JUDGMENT HOLDER’S DEMAND FOR THE VEHICLE.
THIS HOLD DOES NOT PREVENT THE SALE OF THE VEHICLE FOR JUDGMENTS OTHER THAN THOSE
PAYABLE TO THE NYC DEPARTMENT OF FINANCE. THEREFORE YOU SHOULD INQUIRE OF THE
SHERIFF OR MARSHAL WHETHER OTHER JUDGMENTS (E.G., DMV) ARE OUTSTANDING.
THIS OFFICE DOES NOT ISSUE HOLDS FOR DMV DEBT (SUCH AS TRAFFIC VIOLATIONS).
https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simp! msg ar 270367 3/5
AND OUN O04: INDEX NO. 033017/2024
eee aa Phe. 9 Moms, Downing & Sherred, [LP Mall Request tor Som OF Stolen VenIGIeBooze
// Eager RYCERHAP E67 024
Daisy M Alverio, Esq.
Director, Parking Enforcement Unit
Legal Affairs Division
NYC Department of Finance
Email: ParkingEnforcement@finance.nyc.gov
Department of Finance
i You xve
From: Brian Lundquist
Sent: Monday, December 4, 2023 5:50 PM
To: ParkingEnforcement (DOF)
Ce: Krista VanHouten ; Brian Lundquist
Subject: [EXTERNAL] Request for Redemption of Stolen Vehicle // 2020 Kia Forte, Vin #3KPF24AD4LE262225
You don't often get email from blundquist@mdsfirm.com. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an
attachment (Click the More button, then forward as attachment).
Dear Ms. Alverio.
Kindly be advised the undersigned law firm represents Rockland Hyundai, in connection with the above
referenced vehicle previously stolen from its dealership in June, and subsequently impounded by the NYPD
In connection with our client's continuing efforts to recover and redeem the vehicle from the Parking
Enforcement Unit, kindly see our attached letter, which is also being transmitted via FedEx.
Following your opportunity for your review, kindly contact us to discuss.
Thank you very much for your assistance, and we look forward to hearing from you
https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 4/5
AND OUN O04: INDEX NO. 033017/2024
See aa Phe. 9 Moms, Downing & Sherred, [LP Mall Request tor Som OF Stolen VenIGIeBooze
// Eager RYCERHAP E67 024
Very truly yours.
Brian Lundquist
-
Brian C. Lundquist
Morris, Downing & Sherred, LLP
One Main Street
P.O. Box 67
Newton, New Jersey 07860
Tel: (973) 383-2700
Fax: (973) 383-3510
blundquist@mdsfirm.com | www.mdsfirm.com
IRS Circular 230 Disclosur As required by U.S. Treasury Regulations governing tax practice, you are hereby
advised that any written tax advice contained herein was not written or intended to be used (and cannot be used)
by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue
Code.
This message is sent by a law firm and may contain information that is privileged or confidential. If you received
this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
For additional information, please visit our website at www.mdsfirm.com
https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 5/5
Preview
AN 04 INDEX NO. 033017/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/30/2024 EXHIBIT I AND OUN O4: INDEX NO. 033017/2024 NYSCEE™ ae Phe 49 Moms, Downing & Sherred, [LP Mall Request tor eee ot OF Stolen VenIGIeDY // coon ke gage} RYCERPAP E67 024 Request for Redemption of Stolen Vehicle // 2020 Kia Forte, Vin #3KPF24AD4LE262225 Brian Lundquist Wed, Jan 3, 2024 at 10:57 AM To: "ParkingEnforcement (DOF)" Cc: Krista VanHouten , Michael Davidson , Brian Lundquist Dear Ms. Alverio While we understand the holidays may have contributed to some delay, inasmuch your email further below alleges the ‘sales hold" on the vehicle expires today, we kindly ask one final time that PEU provide a response to our multiple inquires below. As discussed previously, if PEU should auction/sell/transfer the vehicle, we, on behalf of our client, will pursue damages and costs against PEU through litigation as necessary. Of course, we would overwhelmingly prefer to avoid this outcome, and therefore look forward to your prompt response without further delay. Thanks again for your assistance Brian - Brian C. Lundquist Morris, Downing & Sherred, LLP One Main Street P.O. Box 67 Newton, New Jersey 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 blundquist@mdsfirm.com | www.mdsfirm.com On Fri, Dec 29, 2023 at 9:57 AM Brian Lundquist wrote: Dear Ms. Alverio, With the "sales hold" allegedly scheduled to expire on 1/3, kindly provide the courtesy of a response to the below ASAP. Regards. Brian On Thu, Dec 14, 2023 at 11:59 AM Brian Lundquist wrote: Dear Ms. Alverio Kindly confirm the PEU's willingness to waive the $3,277.22 in "storage fees" so that our client can pick up the stolen vehicle without further delay. Again, Rockland originally attempted to recover the vehicle on October 13th, but was prohibited from doing so due to PEU improperly conditioning recovery on a countersigned title. Thanks for your assistance and feel free to contact me with any questions, Brian https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simp! msg ar 270367 115 AN 04 INDEX NO. 033017/2024 222) Morris, wing jerrec fal quest for mption o| NY: 10. 10 oren Vericre / 202 ER EYED" KYSCEEY OB 7307%2024 —- Brian C. Lundquist Morris, Downing & Sherred, LLP One Main Street P.O. Box 67 Newton, New Jersey 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 blundquist@mdsfirm.com | www.mdsfirm.com On Wed, Dec 6, 2023 at 11:43 AM Brian Lundquist wrote: Dear Ms. Alverio, Thank you very much for your response below and continued assistance. However, inasmuch as the subject vehicle (i) originates with a theft, and (ii) Rockland originally sought to redeem the vehicle less than one week after impound (on or about October 13), but was improperly prohibited from doing so for the reasons already stated, please confirm that the so-called "storage fees" in the amount of $3,277.22 detailed below will be waived by the PEU in full. Should PEU refuse to waive this improper fee and insist on payment, Rockland will be constrained to preserve and/or urgently pursue all remedies at law as a result of the PEU's refusal to release the vehicle back in October. We thank you for your continued assistance. Of course, feel free to contact me if you have any questions, Brian - Brian C. Lundquist Morris, Downing & Sherred, LLP One Main Street P.O. Box 67 Newton, New Jersey 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 blundquist@mdsfirm.com | www.mdsfirm.com On Wed, Dec 6, 2023 at 11:17 AM ParkingEnforcement (DOF) wrote: Good Morning, Please have your client provide the following information/documents so that your request for release can be processed: Hold harmless letter (see attached) Chain of Title (Title was already submitted) Dealer License/Certificate Dealer plate, registration and insurance (if agent intends to drive vehicle off the lot) Copies of the page of dealer’s police book where entry is made for the purchase of the impounded vehicle. SALES HOLD PLATE NO: LYA7088-PA https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 215 AN ON 04 INDEX NO. 033017/2024 NYSCER BOC No. 19 MOMs, Downing & Sherred, LLP Mall Request tor eee ot ‘OF Stolen VehicleDY // con ie gagc}n RYCERHAP E67 024 A Sales Hold expiring at midnight 1-3-24 has been entered in our electronic case file on behalf of the Titleholder or Lienholder to submit lienholder documentation PLEASE REMOVE THE VEHICLE FROM AUCTION IF SO SCHEDULED. TOTAL FEES DUE AS OF TODAY ARE $3,277.22. Storage is calculated at $15 per day plus tax (8.875%). Please check our website: http://nycserv.nyc. gov/NYCServWeb/PVO_Find_Towed_Vehicle.jsp for updated fees. Please retain this email as confirmation that a sales hold has been entered. This office will no longer issue and email an independent sales hold form. LESSOR/LIENHOLDER: Please notify this office of your decision to pursue or release your interest in the above referenced vehicle currently impounded by Marshal Howard J Schain (718-330-0242) at Ken Ben Industries, 1908 Shore Parkway, Brooklyn, NY 11211; (718) 802-0022. If we do not receive a response to this email, the vehicle will be (re)scheduled for auction and sold NOTE THIS HOLD DOES NOT STOP ADDITIONAL INTEREST AND/OR STORAGE FEES FROM ACCRUING THROUGH THE DATE PAYMENT IN FULL HAS BEEN MADE. THIS HOLD WILL NOT EXTEND YOUR TIME TO PAY. IF THE WORD “FINAL” IS WRITTEN IN THE REMARKS SECTION, NO OTHER HOLD WILL BE GRANTED AND THE PERIOD OF TIME FOR THIS HOLD WILL NOT BE EXTENDED. JUDGMENTS MAY BE RENDERD FOR OTHER UNPAID SUMMONSES, IF ANY, AND AN EXECUTION MAY BE ISSUED REQUIRING THAT THE ADDITIONAL JUDGMENTS MUST ALSO BE PAID. THIS HOLD SHALL NOT PREVENT THE NYC DEPARTMENT OF FINANCE FROM RELEASING THE VEHICLE TO THE TITLE HOLDER OR THOSE WITH LIENS OR JUDGMENTS ON THE VEHICLE. IT IS YOUR RESPONSIBILITY TO TAKE ALL NECESSARY STEPS TO PROTECT YOUR RIGHTS SINCE THE LAW DOES NOT REQUIRE WE PROVIDE ANY NOTICE TO YOU WITH RESPECT TO ANY TITLE HOLDER, LIEN HOLDER OR JUDGMENT HOLDER’S DEMAND FOR THE VEHICLE. THIS HOLD DOES NOT PREVENT THE SALE OF THE VEHICLE FOR JUDGMENTS OTHER THAN THOSE PAYABLE TO THE NYC DEPARTMENT OF FINANCE. THEREFORE YOU SHOULD INQUIRE OF THE SHERIFF OR MARSHAL WHETHER OTHER JUDGMENTS (E.G., DMV) ARE OUTSTANDING. THIS OFFICE DOES NOT ISSUE HOLDS FOR DMV DEBT (SUCH AS TRAFFIC VIOLATIONS). https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simp! msg ar 270367 3/5 AND OUN O04: INDEX NO. 033017/2024 eee aa Phe. 9 Moms, Downing & Sherred, [LP Mall Request tor Som OF Stolen VenIGIeBooze // Eager RYCERHAP E67 024 Daisy M Alverio, Esq. Director, Parking Enforcement Unit Legal Affairs Division NYC Department of Finance Email: ParkingEnforcement@finance.nyc.gov Department of Finance i You xve From: Brian Lundquist Sent: Monday, December 4, 2023 5:50 PM To: ParkingEnforcement (DOF) Ce: Krista VanHouten ; Brian Lundquist Subject: [EXTERNAL] Request for Redemption of Stolen Vehicle // 2020 Kia Forte, Vin #3KPF24AD4LE262225 You don't often get email from blundquist@mdsfirm.com. Learn why this is important CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspect email to phish@oti.nyc.gov as an attachment (Click the More button, then forward as attachment). Dear Ms. Alverio. Kindly be advised the undersigned law firm represents Rockland Hyundai, in connection with the above referenced vehicle previously stolen from its dealership in June, and subsequently impounded by the NYPD In connection with our client's continuing efforts to recover and redeem the vehicle from the Parking Enforcement Unit, kindly see our attached letter, which is also being transmitted via FedEx. Following your opportunity for your review, kindly contact us to discuss. Thank you very much for your assistance, and we look forward to hearing from you https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 4/5 AND OUN O04: INDEX NO. 033017/2024 See aa Phe. 9 Moms, Downing & Sherred, [LP Mall Request tor Som OF Stolen VenIGIeBooze // Eager RYCERHAP E67 024 Very truly yours. Brian Lundquist - Brian C. Lundquist Morris, Downing & Sherred, LLP One Main Street P.O. Box 67 Newton, New Jersey 07860 Tel: (973) 383-2700 Fax: (973) 383-3510 blundquist@mdsfirm.com | www.mdsfirm.com IRS Circular 230 Disclosur As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. For additional information, please visit our website at www.mdsfirm.com https //mail google com/mail/u/0/?ik 2e63d29ab5&view pt&search all&permmsgid msg ar 2703678919936810783&dsqt 1&simpl msg ar 270367 5/5