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FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK INDEXNO.
----------------------------------------------X
NORTHSTATEBANK,
SUMMONS
Plaintiff,
vs. The basis of venue is the
location of the mortgaged
NOVOTERRAPROPERTYHOLDINGSINC., NOVO premises
TERRAWASTESOLUTIONSINC., JOSEABREGO,
TOWNOFISLIP and "JOHNDOE
TOWNSUPERVISOR Mortgaged Premises:
#1" THROUGH
"JOHN DOE# 10,"
the last ten names 0 Crooked Hill Road,
being fictitious and unknown to plaintiff, the person or Brentwood, New York
parties being the tenants, occupants, persons or
intended 11717 (District 0500,
corporations, if any, having or claiming to have an interest Section 114.00, Block
in or lien upon the premises described in the Complaint, 02.00, Lot 004.000)
Defendants.
________________________________________x
TOTHE ABOVE-NAMED
DEFENDANTS:
YOUAREHEREBYSUMMONED
to answer the Complaint in the above
entitled action and to serve a copy of your Answer on the plaintiff s attorneys within
twenty (20) days after the service of this Summons, exclusive of the day of service, or
within thirty (30) days after completion of service where service is made in any manner
other than by personal delivery with the State. The United States Department of the
Treasury, if designated as a defendant in this action, may answer or appear within (60)
days after service hereof. In case of your failure to appear or answer, judgment will be
taken against you by default for the relief demanded in the Complaint.
Suffolk County is designated as the place of trial. The basis of venue is the
location of the mortgaged premises.
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Dated: NewYork, NewYork
June 5, 2024
NOCERA& RAGONE,LLP
ROSNER
Peter A. Ragone
Anthony L. Cotroneo
Attorneys for Plaint1ff
North State Bank
1
33 Whitehall Street, 16 Floor
New York, NewYork 10004
(212) 635-2244
pragone@rnrlawgroup.com
tcotroneo@rnrlawgroup.com
To: Novo Terra Property Holdings Inc.
2 Carto Circle
Deer Park, New York 11729
Novo Terra Waste Solutions Inc.
2 Carto Circle
Deer Park, New York 11729
Jose Abrego
2 Carto Circle
Deer Park, New York 11729
Town Supervisor Town of Islip
655 Main Street
Islip, NY 11751
"JOHN DOE#1" through "JOHN DOE#10"
0 Crooked Hill Road
Brentwood, NewYork 11717
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SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFSUFFOLK
NORTHSTATEBANK,
Plaintiff,
Index No.
vs.
NOVOTERRAPROPERTYHOLDINGSINC., VERIFIED FORECLOSURE
NOVOTERRAWASTESOLUTIONSINC., JOSE COMPLAINT
TOWNOFISLIP
ABREGO,TOWNSUPERVISOR
and "JOHN DOE#1" THROUGH
"JOHN DOE#
10,"
the last ten names being fictitious and unknown Premises: 0 Crooked
Road, Hill
to plaintiff, the person or parties intended being the Brentwood, NewYork
11717 (District
tenants, occupants, persons or corporations, if any, 0500, Section 114.00, Block 02.00, Lot
having or claiming to have an interest in or lien upon 004.000)
the premises described in the Complaint,
Defendants.
Bank" or
Plaintiff, North State Bank ("North State "Plaintiff"), by and through its
attorneys, Rosner Nocera & Ragone, LLP, as and for its Verified Foreclosure Complaint,
alleges upon information and belief as follows:
1. At all times hereinafter mentioned, North State Bank was and still is a
North Carolina banking corporation, organized and existing under and by virtue of the
laws of the State of North Carolina.
2. Upon information and belief, at all times hereinafter mentioned, defendant
Novo Terra Property Holdings Inc. ("Nova Terra Property") was and still is a domestic
business corporation organized and existing under and by virtue of the laws of the State
of New York.
3. Upon information and belief, at all times hereinafter mentioned, defendant
Novo Terra Waste Solutions Inc. d/b/a Novo Terra Waste Solutions ("Nova Terra
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Waste") was and still is a domestic business corporation organized and existing under
and by virtue of the laws of the State of New York.
4. Upon information and belief, at all times hereinafter mentioned, defendant
Jose Abrego ("Abrego") was and still is a resident of the State of New York.
5. On or about June 10, 2021, Nova Terra Property and Nova Terra Waste
made, executed and delivered a certain Note (the "Note") to evidence a loan from North
State Bank in the principal amount of $315,500.00 with interest accruing thereon at the
rate set forth in the Note. A true and complete copy of the Note is annexed hereto as
"1."
Exhibit
6. On or about June 10, 2021, defendants Nova Terra Property and Nova
Terra Waste made and executed a certain Business Loan Agreement in favor of North
State Bank in conjunction with the Note (the "Business Loan Agreement"). A true and
"2."
complete copy of the Business Loan Agreement is annexed hereto as Exhibit
7. As an inducement to and in consideration for North State Bank making the
aforesaid loan and other financial accommodations to Nova Terra Property and Nova
Terra Waste, and to secure the payment and performance of all obligations under the
Note, on or about June 10, 2021, Nova Terra Property made, executed and delivered a
certain Mortgage (the "Mortgage"), in favor of North State Bank, encumbering the real
properties and premises known as District 0500, Section 114.00, Block 02.00, Lot
004.000, in the Hamlet of Brentwood, Town of Islip, County of Suffolk, State of New
York, said premises also being known as 0 Crooked Hill Road, Brentwood, New York
11717 (the "Mortgaged Premises"), which is bounded and more fully described in the
Mortgage. A true and complete copy of the Mortgage is annexed hereto as Exhibit
"3."
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8. The Mortgage was duly recorded on July 14, 2021 in the Suffolk County
Clerk's Office, Liber M00023299 of Mortgages, page 335 et seq., and the recording taxes
imposed thereon were paid.
9. On or about June 10, 2021, as a further inducement to and in consideration
for North State Bank making the aforesaid loan to Nova Terra Property and Nova Terra
Waste, and to further secure the indebtedness due on the Note, Jose Abrego, made,
executed and delivered to North State Bank an Unconditional Guaranty (the "Guaranty"),
whereby Jose Abrego unconditionally guaranteed the payment to North State Bank of all
liabilities and obligations of Nova Terra Property and Nova Terra Waste to North State
Bank as specified in the Guaranty, which include those under the Note and Mortgage. A
"4."1
true and complete copy of the Guaranty is annexed hereto as Exhibit
10. North State Bank is the legal owner and holder of the Loan Documents
and is therefore entitled to maintain suit thereon.
11. Nova Terra Property and Nova Terra Waste have defaulted and otherwise
failed to comply with the provisions of the Loan Documents by, inter alia, failing to
make the required payments due under the Note and Mortgage.
12. By reason of the forgoing, payment has been demanded of the
indebtedness due under the Note and secured by the Mortgage and Guaranty, and North
State Bank has declared the entire principal balance due thereunder immediately due and
payable, together with accrued interest, late charges, unpaid rent, appraisal fees,
attorneys'
insurance fees, real estate taxes, fees and costs of collection.
1
At times, the Note, the Business Loan Agreement, the Mortgage and the Guaranty are collectively
Documents."
referred to as the "Loan
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13. As of May 24, 2024, the total indebtedness due under the Note was
$359,372.40, consisting of an unpaid principal balance of $309.388.19, plus accrued
interest thereon as of May 24, 2024 in the amount of $44,688.51, late charges as of May
24, 2024 in the amount of $2,201.82, pre-payment penalty in the amount of $3,093.88,
attorneys'
together with unpaid rent, appraisal fees, insurance fees, real estate taxes and
fees as called for in the Note and Mortgage. Interest continues to accrue on the
indebtedness in the manner and at the rate set forth in the Note.
14. Defendant Town Supervisor Town of Islip is made a defendant herein
solely for the purpose of foreclosing those liens and/or other encumbrances, if any,
against the Mortgaged Premises which accrued or may accrue subsequent to the lien of
the Mortgage being foreclosed.
#1" #10"
15. Defendants "John Doe through "John Doe are made defendants
herein to bar them from any right, title, lien or interest that they may have in the
Mortgaged Premises by virtue of any current leasehold or other possessory interest in the
Mortgaged Premises.
16. All defendants herein have, or claim to have, some interest in, or lien upon
the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued
subsequent to, and is otherwise subordinate to, the lien of North State Bank.
17. In order to protect its security, North State Bank may be compelled during
the pendency of this action to pay real estate taxes, rent, school taxes, assessments, water
meter charges, sewer rents, insurance premiums and/or other charges affecting the
Mortgaged Premises, including amounts that may be due for labor and materials
furnished or to be furnished thereof, and will incur expenses for legal services in the
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institution and prosecution of this action. Any sums so paid shall be added to the
indebtedness due, be deemed secured by the Mortgage and adjudged to be valid liens on
the Mortgage Premises described in the Mortgage, by law, and in accordance with the
terms and conditions of the Mortgage.
18. None of the defendants are infants, absentees or incompetents, nor have
they been proceeded against as such.
19. If and to the extent applicable, the Mortgage was originated in compliance
with Banking Law Sections 595-a, 6-1 and/or 6-m, and Wells Fargo has complied with all
appropriate provisions of section 595-a of the Banking Law and any rules and regulations
promulgated thereunder, as well as sections 6-1 and 6-m of the Banking Law and RPAPL
Section 1304. The instant Note and loan evidenced therein is not a "subprime home loan"
as defined in RPAPL Section 1304, nor is it a "high-cost home loan" as defined in
Banking Law Section 6-1.
20. No other action or proceeding has been brought or is pending at law or
otherwise for the recovery of the sums secured by the Mortgage or any part thereof that
would constitute a bar to this foreclosure action under Section 13 of the Real Property
Actions and Proceeding Law.
WHEREFORE,Plaintiff North State Bank demands judgment against the
defendants, jointly and severally, as follows:
a. The defendants, and all persons claiming by, through and under them
subsequent to the filing of the Notice of Pendency of this action, be barred
and foreclosed of and from, all right, claim, lien, title and equity of
redemption of, in and to the premises, and each and every part thereof;
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b. The Mortgaged Premises be decreed to be sold according to law and in
one parcel;
c. The sums due to North State Bank on the Mortgage be determined and
adjudged, and that from the proceeds of sale North State Bank be paid the
amount due on the Mortgage, together with interest, late charges, appraisal
fees, insurance fees, real estate taxes and attorney's fees as provided by
law or in the Mortgage, the expenses of sale, costs and disbursements of
this action, and any charges North State Bank may be called upon to pay
for real estate taxes, school taxes, assessments, water meter charges on the
premises provided by law, or as provided in the Mortgage, with interest;
d. If the proceeds of said sale of the Mortgaged Premises be insufficient to
pay the amount due to North State Bank, with interest, late charges, rent,
real estate taxes, attorney's fees, other charges, appraisal fees, insurance
fees, and the cost and expenses of this action, that the officer making the
sale be required by the judgment of sale herein to specify the amount of
such deficiency in this report of sale so that application may be made by
North State Bank, to this Court, pursuant to Section 1371 of the Real
Property Actions and Proceedings Law, for a judgment against defendants
Nova Terra Property, Nova Terra Waste and Jose Abrego, jointly and
severally, for any deficiency which may remain;
e. A receiver be appointed forthwith to receive and collect the rents, issues
and profits derived from the property during the pendency of this action
with the usual powers and directions; and
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f. North State Bank be granted such other, further or different relief as may
be just, proper and equitable, with reasonable counsel fees, costs and
disbursements.
Dated: New York, New York
June 4, 2024
NOCERA& RAGONE,LLP
ROSNER
By:
Peter A. Ragone
Anthony L. Cotroneo
Attorneys for Plaintiff
North State Bank
16* Floor
33 Whitehall Street,
NewYork, NY 10004
(212) 635-2244
pragone@rnrlawgroup.com
tcotroneo@rnrlawgroup.com
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VERIFICATION OFCOUNSEL
Peter A. Ragone, affirms the truth of the following under the penalties of perjury:
That he is a member of the firm of Rosner Nocera & Ragone, LLP, duly admitted and
licensed to practice before the bar of the State of NewYork.
That he is an attorney for the plaintiff North State Bank in the within-entitled action and is
fully familiar and conversant with all the pertinent facts and circumstances involved in this
litigation.
That he has read the foregoing Verified Complaint and knows the contents thereof; that the
same is true of his own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and that as to those matters, he believes it to be true.
knowledge and the grounds of his belief concerning the
That the sources of deponent's
subject matter herein are predicated upon information, records and documentary evidence obtained
by deponent in the course of this matter while acting as attorney for said plaintiff herein.
That this verification is made by deponent and not by the plaintiff for the reason that said
plaintiff is a foreign corporation.
I 5th day of May, 2024, under the penalties
affirm this of perjury under the laws of New
York, which may include a fine or imprisonment, that the forgoing is true, and I understand that
this document may be filed in an action or proceeding in a court of law.
Peter A. Ragone
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FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK INDEXNO. ----------------------------------------------X NORTHSTATEBANK, SUMMONS Plaintiff, vs. The basis of venue is the location of the mortgaged NOVOTERRAPROPERTYHOLDINGSINC., NOVO premises TERRAWASTESOLUTIONSINC., JOSEABREGO, TOWNOFISLIP and "JOHNDOE TOWNSUPERVISOR Mortgaged Premises: #1" THROUGH "JOHN DOE# 10," the last ten names 0 Crooked Hill Road, being fictitious and unknown to plaintiff, the person or Brentwood, New York parties being the tenants, occupants, persons or intended 11717 (District 0500, corporations, if any, having or claiming to have an interest Section 114.00, Block in or lien upon the premises described in the Complaint, 02.00, Lot 004.000) Defendants. ________________________________________x TOTHE ABOVE-NAMED DEFENDANTS: YOUAREHEREBYSUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff s attorneys within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any manner other than by personal delivery with the State. The United States Department of the Treasury, if designated as a defendant in this action, may answer or appear within (60) days after service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Suffolk County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. 1 1 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Dated: NewYork, NewYork June 5, 2024 NOCERA& RAGONE,LLP ROSNER Peter A. Ragone Anthony L. Cotroneo Attorneys for Plaint1ff North State Bank 1 33 Whitehall Street, 16 Floor New York, NewYork 10004 (212) 635-2244 pragone@rnrlawgroup.com tcotroneo@rnrlawgroup.com To: Novo Terra Property Holdings Inc. 2 Carto Circle Deer Park, New York 11729 Novo Terra Waste Solutions Inc. 2 Carto Circle Deer Park, New York 11729 Jose Abrego 2 Carto Circle Deer Park, New York 11729 Town Supervisor Town of Islip 655 Main Street Islip, NY 11751 "JOHN DOE#1" through "JOHN DOE#10" 0 Crooked Hill Road Brentwood, NewYork 11717 2 2 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFSUFFOLK NORTHSTATEBANK, Plaintiff, Index No. vs. NOVOTERRAPROPERTYHOLDINGSINC., VERIFIED FORECLOSURE NOVOTERRAWASTESOLUTIONSINC., JOSE COMPLAINT TOWNOFISLIP ABREGO,TOWNSUPERVISOR and "JOHN DOE#1" THROUGH "JOHN DOE# 10," the last ten names being fictitious and unknown Premises: 0 Crooked Road, Hill to plaintiff, the person or parties intended being the Brentwood, NewYork 11717 (District tenants, occupants, persons or corporations, if any, 0500, Section 114.00, Block 02.00, Lot having or claiming to have an interest in or lien upon 004.000) the premises described in the Complaint, Defendants. Bank" or Plaintiff, North State Bank ("North State "Plaintiff"), by and through its attorneys, Rosner Nocera & Ragone, LLP, as and for its Verified Foreclosure Complaint, alleges upon information and belief as follows: 1. At all times hereinafter mentioned, North State Bank was and still is a North Carolina banking corporation, organized and existing under and by virtue of the laws of the State of North Carolina. 2. Upon information and belief, at all times hereinafter mentioned, defendant Novo Terra Property Holdings Inc. ("Nova Terra Property") was and still is a domestic business corporation organized and existing under and by virtue of the laws of the State of New York. 3. Upon information and belief, at all times hereinafter mentioned, defendant Novo Terra Waste Solutions Inc. d/b/a Novo Terra Waste Solutions ("Nova Terra 3 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Waste") was and still is a domestic business corporation organized and existing under and by virtue of the laws of the State of New York. 4. Upon information and belief, at all times hereinafter mentioned, defendant Jose Abrego ("Abrego") was and still is a resident of the State of New York. 5. On or about June 10, 2021, Nova Terra Property and Nova Terra Waste made, executed and delivered a certain Note (the "Note") to evidence a loan from North State Bank in the principal amount of $315,500.00 with interest accruing thereon at the rate set forth in the Note. A true and complete copy of the Note is annexed hereto as "1." Exhibit 6. On or about June 10, 2021, defendants Nova Terra Property and Nova Terra Waste made and executed a certain Business Loan Agreement in favor of North State Bank in conjunction with the Note (the "Business Loan Agreement"). A true and "2." complete copy of the Business Loan Agreement is annexed hereto as Exhibit 7. As an inducement to and in consideration for North State Bank making the aforesaid loan and other financial accommodations to Nova Terra Property and Nova Terra Waste, and to secure the payment and performance of all obligations under the Note, on or about June 10, 2021, Nova Terra Property made, executed and delivered a certain Mortgage (the "Mortgage"), in favor of North State Bank, encumbering the real properties and premises known as District 0500, Section 114.00, Block 02.00, Lot 004.000, in the Hamlet of Brentwood, Town of Islip, County of Suffolk, State of New York, said premises also being known as 0 Crooked Hill Road, Brentwood, New York 11717 (the "Mortgaged Premises"), which is bounded and more fully described in the Mortgage. A true and complete copy of the Mortgage is annexed hereto as Exhibit "3." 2 4 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 8. The Mortgage was duly recorded on July 14, 2021 in the Suffolk County Clerk's Office, Liber M00023299 of Mortgages, page 335 et seq., and the recording taxes imposed thereon were paid. 9. On or about June 10, 2021, as a further inducement to and in consideration for North State Bank making the aforesaid loan to Nova Terra Property and Nova Terra Waste, and to further secure the indebtedness due on the Note, Jose Abrego, made, executed and delivered to North State Bank an Unconditional Guaranty (the "Guaranty"), whereby Jose Abrego unconditionally guaranteed the payment to North State Bank of all liabilities and obligations of Nova Terra Property and Nova Terra Waste to North State Bank as specified in the Guaranty, which include those under the Note and Mortgage. A "4."1 true and complete copy of the Guaranty is annexed hereto as Exhibit 10. North State Bank is the legal owner and holder of the Loan Documents and is therefore entitled to maintain suit thereon. 11. Nova Terra Property and Nova Terra Waste have defaulted and otherwise failed to comply with the provisions of the Loan Documents by, inter alia, failing to make the required payments due under the Note and Mortgage. 12. By reason of the forgoing, payment has been demanded of the indebtedness due under the Note and secured by the Mortgage and Guaranty, and North State Bank has declared the entire principal balance due thereunder immediately due and payable, together with accrued interest, late charges, unpaid rent, appraisal fees, attorneys' insurance fees, real estate taxes, fees and costs of collection. 1 At times, the Note, the Business Loan Agreement, the Mortgage and the Guaranty are collectively Documents." referred to as the "Loan 3 5 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 13. As of May 24, 2024, the total indebtedness due under the Note was $359,372.40, consisting of an unpaid principal balance of $309.388.19, plus accrued interest thereon as of May 24, 2024 in the amount of $44,688.51, late charges as of May 24, 2024 in the amount of $2,201.82, pre-payment penalty in the amount of $3,093.88, attorneys' together with unpaid rent, appraisal fees, insurance fees, real estate taxes and fees as called for in the Note and Mortgage. Interest continues to accrue on the indebtedness in the manner and at the rate set forth in the Note. 14. Defendant Town Supervisor Town of Islip is made a defendant herein solely for the purpose of foreclosing those liens and/or other encumbrances, if any, against the Mortgaged Premises which accrued or may accrue subsequent to the lien of the Mortgage being foreclosed. #1" #10" 15. Defendants "John Doe through "John Doe are made defendants herein to bar them from any right, title, lien or interest that they may have in the Mortgaged Premises by virtue of any current leasehold or other possessory interest in the Mortgaged Premises. 16. All defendants herein have, or claim to have, some interest in, or lien upon the Mortgaged Premises or some part thereof, which interest or lien, if any, has accrued subsequent to, and is otherwise subordinate to, the lien of North State Bank. 17. In order to protect its security, North State Bank may be compelled during the pendency of this action to pay real estate taxes, rent, school taxes, assessments, water meter charges, sewer rents, insurance premiums and/or other charges affecting the Mortgaged Premises, including amounts that may be due for labor and materials furnished or to be furnished thereof, and will incur expenses for legal services in the 4 6 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 institution and prosecution of this action. Any sums so paid shall be added to the indebtedness due, be deemed secured by the Mortgage and adjudged to be valid liens on the Mortgage Premises described in the Mortgage, by law, and in accordance with the terms and conditions of the Mortgage. 18. None of the defendants are infants, absentees or incompetents, nor have they been proceeded against as such. 19. If and to the extent applicable, the Mortgage was originated in compliance with Banking Law Sections 595-a, 6-1 and/or 6-m, and Wells Fargo has complied with all appropriate provisions of section 595-a of the Banking Law and any rules and regulations promulgated thereunder, as well as sections 6-1 and 6-m of the Banking Law and RPAPL Section 1304. The instant Note and loan evidenced therein is not a "subprime home loan" as defined in RPAPL Section 1304, nor is it a "high-cost home loan" as defined in Banking Law Section 6-1. 20. No other action or proceeding has been brought or is pending at law or otherwise for the recovery of the sums secured by the Mortgage or any part thereof that would constitute a bar to this foreclosure action under Section 13 of the Real Property Actions and Proceeding Law. WHEREFORE,Plaintiff North State Bank demands judgment against the defendants, jointly and severally, as follows: a. The defendants, and all persons claiming by, through and under them subsequent to the filing of the Notice of Pendency of this action, be barred and foreclosed of and from, all right, claim, lien, title and equity of redemption of, in and to the premises, and each and every part thereof; 5 7 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 b. The Mortgaged Premises be decreed to be sold according to law and in one parcel; c. The sums due to North State Bank on the Mortgage be determined and adjudged, and that from the proceeds of sale North State Bank be paid the amount due on the Mortgage, together with interest, late charges, appraisal fees, insurance fees, real estate taxes and attorney's fees as provided by law or in the Mortgage, the expenses of sale, costs and disbursements of this action, and any charges North State Bank may be called upon to pay for real estate taxes, school taxes, assessments, water meter charges on the premises provided by law, or as provided in the Mortgage, with interest; d. If the proceeds of said sale of the Mortgaged Premises be insufficient to pay the amount due to North State Bank, with interest, late charges, rent, real estate taxes, attorney's fees, other charges, appraisal fees, insurance fees, and the cost and expenses of this action, that the officer making the sale be required by the judgment of sale herein to specify the amount of such deficiency in this report of sale so that application may be made by North State Bank, to this Court, pursuant to Section 1371 of the Real Property Actions and Proceedings Law, for a judgment against defendants Nova Terra Property, Nova Terra Waste and Jose Abrego, jointly and severally, for any deficiency which may remain; e. A receiver be appointed forthwith to receive and collect the rents, issues and profits derived from the property during the pendency of this action with the usual powers and directions; and 6 8 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 f. North State Bank be granted such other, further or different relief as may be just, proper and equitable, with reasonable counsel fees, costs and disbursements. Dated: New York, New York June 4, 2024 NOCERA& RAGONE,LLP ROSNER By: Peter A. Ragone Anthony L. Cotroneo Attorneys for Plaintiff North State Bank 16* Floor 33 Whitehall Street, NewYork, NY 10004 (212) 635-2244 pragone@rnrlawgroup.com tcotroneo@rnrlawgroup.com 7 9 of 10 FILED: SUFFOLK COUNTY CLERK 06/06/2024 11:20 AM INDEX NO. 613919/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 VERIFICATION OFCOUNSEL Peter A. Ragone, affirms the truth of the following under the penalties of perjury: That he is a member of the firm of Rosner Nocera & Ragone, LLP, duly admitted and licensed to practice before the bar of the State of NewYork. That he is an attorney for the plaintiff North State Bank in the within-entitled action and is fully familiar and conversant with all the pertinent facts and circumstances involved in this litigation. That he has read the foregoing Verified Complaint and knows the contents thereof; that the same is true of his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters, he believes it to be true. knowledge and the grounds of his belief concerning the That the sources of deponent's subject matter herein are predicated upon information, records and documentary evidence obtained by deponent in the course of this matter while acting as attorney for said plaintiff herein. That this verification is made by deponent and not by the plaintiff for the reason that said plaintiff is a foreign corporation. I 5th day of May, 2024, under the penalties affirm this of perjury under the laws of New York, which may include a fine or imprisonment, that the forgoing is true, and I understand that this document may be filed in an action or proceeding in a court of law. Peter A. Ragone 1 10 of 10