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FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
In the Matter of the Application of:
__________________________________________________
TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, EDDIE DORAN
Petitioner’s,
for a Judgment pursuant to Article 78 of the Civil Practice Index No.:
Law and Rules,
- against - VERIFIED PETITION
NEW YORK CITY DEPARTMENT OF FINANCE,
and NEW YORK CITY DEPARTMENT OF FINANCE OFFICE OF
THE CITY REGISTER, John Doe and Jane Doe,
Respondent’s.
_____________________________________________________
VERIFIED PETITION
Petitioner, TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, and EDDIE DORAN., by its
attorneys, Joshua R. Bronstein Esq., for its petition against respondents New York City
Department of Finance and New York City Department of Finance Office of the City Register
(together "Respondents"), alleges as follows:
THE ACTION
1. Petitioner brings this Article 78 special proceeding pursuant to New York Civil Practice Law &
Rules ("CPLR") § 7801 et seq. and New York Real Property Law ("RPL") § 291 for a writ of
mandamus compelling Respondents to record deeds of certain property of Petitioner that were
executed, acknowledged, and tendered with the requisite fee, but that thus far Respondents
have refused or failed to record, as required by law.
THE PARTIES
2. At all relevant times, Petitioner Tap-Tee Realty Inc., MVP Realty Holdings Inc. ("Petitioner"),
was and is a corporation operating in the State of New York. Additionally, at all relevant times,
Petitioner Eddie Doran ("Petitioner") was and is an individual residing in the State of New York.
3. Upon information and belief, the Respondent New York City Department of Finance is
responsible for maintaining the New York City treasury, collecting taxes, and recording property -
related documents.
4. Upon information and belief, Respondent Office of the City Register (the "City Register") is a
subdivision of the New York City Department of Finance empowered by New York City Charter
1525 and RPL § 290 as the recording officer for the counties of New York, Bronx, Kings, and
Queens.
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5. Upon information and belief, Respondents John Doe and Jane Doe, whose names are
currently unknown, are alleged to be employees or agents of the New York City Department of
Finance Office of the City Register, or the New York City Department of Finance Sheriff's Office.
BACKGROUND FACTS
6. Petitioner is engaged in the Real Estate Business of buying, selling, renting, rehabilitating,
and financing whole and partial shares or partnerships. Both individually and through its owned
companies, Petitioner purchases partial interests in real estate. As part of this process,
Petitioner obtains a deed to record its purchase of the partial co-ownership fee interest.
7. Petitioner identifies prospective sellers of real property who are heirs under New York State
Intestate Law, holding partial, non-controlling minority shares received through inheritance.
Petitioner offers to purchase these partial shares, with the resale price depending on Petitioner's
ability to successfully monetize the partial share. Some sellers were unaware that they had
inherited the properties from deceased fathers, mothers, brothers, sisters, aunts, and uncles.
8. In many cases, without the payments made and to be made by the Petitioner, the
beneficiaries would lack the resources to pursue their rights and obtain a distribution from the
estate. Additionally, some properties are burdened with pending tax liens or other title issues.
9. Petitioner monetizes its partial share interests through various methods, including purchasing
additional partial shares in the same property, initiating a state court partition action or other
litigation, selling the shares, or reaching a settlement with the other co-owners. This approach
provides a straightforward exit strategy for non-selling heirs who lack resources to keep the
asset or to defend against other heirs using the asset for their own benefits or failing to account.
10. To protect and secure the Petitioner's interests in property, the deeds from its acquisition of
partial interests must be recorded. As New York State is a Race to Record State.
11. RPL § 291 provides (emphasis added): A conveyance of real property, within the state, on
being duly acknowledged by the person executing the same, or proved as required by this
chapter, and such acknowledgment or proof duly certified when required by this chapter, may be
recorded in the office of the clerk of the county where such real property is situated, and such
county clerk shall, upon the request of any party, on tender of the lawful fees therefor, record the
same in his said office. Every such conveyance not so recorded is void as against any person
who subsequently purchases or acquires by exchange or contracts to purchase or acquire by
exchange, the same real property or any portion thereof, or acquires by assignment the rent to
accrue therefrom as provided in section two hundred ninety-four-a of the real property law, in
good faith and for a valuable consideration, from the same vendor or assignor, his distributee’s
or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void
as against the lien upon the same real property or any portion thereof arising from payments
made upon the execution of or pursuant to the terms of a contract with the same vendor, his
distributee’s or devisees, if such contract is made in good faith and is first duly recorded.
12. Property No. 1 On August 30, 2023, Petitioner Tap-Tee Realty Inc. acquired a fractional
interest in a property located at 124 East 28th Street, Brooklyn, NY 11226 Kings County Block
05138 Lot 0016 (Estate of Helen Dobson) and received an executed and duly acknowledged
deed along with NYS and NYC transfer documents (2023090600538). Petitioner retained
MacGregor Abstracting to record the deed and pay the recording Taxes., MacGregor Abstracting
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submitted the deed to the City Register for recording on or about September 6, 2023, and made
multiple subsequent submissions in response to rejections from the Office of the City Register,
finally they were directed by New York City Department of Finance Detective-Sergeant Sheriff
Theresa Russo (Sheriff Russo), Impoundment of the deed.
Beverly Clarida-Stroud, the grantor and an employee of the NYC Police Department, inherited a
minor ownership interest from her deceased father, Allen Dobson, who acquired it through New
York State Intestate Laws from his late mother's estate, Helen Dobson. Beverly Clarida-Stroud,
as the sole heir at law of Allen Dobson owned a 1/7% fee interest, mistakenly provided her
husband's social security number instead of her own to the title company. Upon discovering this
error, the documents were promptly corrected and refiled under the direction of Sheriff Theresa
Russo, following an investigation by Sheriff Russo that identified the mistake and Sheriff Russon
gave instructions to Doran to correct this issue, which he promptly did by getting the correct SS
and having docs resigned and refiled.
13. Office of the City Register (the "City Register") Final Deed filing Rejection Letter
Dated 4/5/24: Rejection:
RE: Unable to Record Document(s) Submitted for Processing
Dear TAP-TEE REALTY INC.:
Listed below are the document(s) in transaction 2023090600538 that were processed for
recording on 3/19/2024 9:35:58 AM which we were not able to record.
Please make corrections to any rejected document(s) and resubmit the rejected document(s) to
the City Register's Office. The status of each document in the transaction and for rejected
document(s), the reason(s) for rejection are as follows:
DOCUMENT 2023090600538001 - REJECTED
Document requires further review
This is not a recordable document in the City Register - Do not return to the City Register.
The NYC Real Property Transfer Tax forms for this document are considered filed as of
03/19/2024 with the New York City Department of Finance's Division of Land Records.
Please note that if you submit this transfer under a different ACRIS tax form id, the filing date
will be lost which may result in late filing penalty and interest. If you have questions or require
further information, please send an email to the Office of the City Register at
rejecteddocuments@finance.nyc.gov.
City Register
Thank you,
14. New York City Department of Finance, City Registry office comments All the rejection notice
states as the grounds for rejection that the “document requires further review." Notably, the
rejection notice did not reject the deed on the basis of failure to tender the lawful fees. No
further action by the City Register has been taken to record the deed pursuant to RPL § 291.
(Exhibit I)
New York City Department of Finance City Registry Office - Rejections Letters Dated
Dec 28th 2024 NYC Acris Transaction No. 2023090600538 Doc No. 2023090600538001
Jan 10th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001
Jan 25th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001
Feb 1st 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001
Feb 9th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001
***April 5th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001
*** The last letter dated April 5th, 2024, says do not return to the city register office…
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15.In an email dated February 16, 2024 (Exhibit II), followed by a phone call to Eddie Doran,
New York City Department of Finance Detective Sergeant Theresa Russo explained for the first
time that the deed and transfer documents were flagged due to an error in the grantor's Social
Security Number and the stated consideration. The title company had listed $0 as the
consideration, whereas the actual amount was $10,000.00. Both issues were promptly
addressed, and the documents were refiled. However, to this day, we still have not received a
recorded deed or another rejection letter. It should be noted that any consideration under for
residential transfers is 1% when the consideration exceeds $25,000 and is less than $500,000
and zero percent from $1 to $25,000.00.
On February 26, 2024, our title company generated new ACRIS documents under ACRIS
No. 2024022600268 according to Sheriff Russo's instructions. We submitted these new
documents to the New York City Register's Office, but Sheriff Russo did not review them
after directing us to prepare and file the new acris documents. Claiming the register
office didn't direct them to her office for further review. (Exhibit IV) Emails between Doran
and the title company recording agents, New York City Department of Finance Register
office.
Multiple emails were sent to the New York City Department of Finance, the New York City
Register Office, and various department heads requesting relief. Eventually, Sheriff Russo
responded by phone, stating that she is not withholding the deed and that it is now the
responsibility of the New York City Department of Finance, City Register Office. Despite this, the
latest rejection letter indicated that the document "requires further review."
May 22,2024 Email from Head Sheriff, Anthony Miranda (Exhibit III) demanded an explanation
from the Sheriff Legal Department and Sheriff Russo regarding the issues why the deed is still
not recorded for 124 East 28th Street Brooklyn NY 11226. Sheriff Russo informed Eddie Doran
over the phone that the matter is no longer within the sheriff's office's jurisdiction.
It remains unclear who is responsible for the delay in recording the deed and transfer
documents and why the last rejection letter states "Further review required" and advises not to
return to the City Register Office. This situation appears arbitrary and capricious, reflecting a
lack of coordination between the involved parties who wrongly impound deeds.
16. Property #2 Located at 1832 East 49th Street, Brooklyn, NY 11234 Kings County Block
08488 Lot 0047 (Estate of Catherine Harley), Property #2 was acquired by Petitioner MVP
Realty Holdings Inc. ("MVP"), purchasing a 50% fee interest via a deed along with an
assignment of Estate Rights, Claims, Interest.
“MVP” obtained a title report & policy from Intracoastal Abstract Co., Inc. The principal of MVP
Eddie Doran resides in Orange County and requested permission to have a local title company
notarize the purchaser's part and record the deed and recording documents locally. Permission
was granted, and an Acris cover page number was released and assigned to New York Abstract
& Agency, Inc. which provided a courtesy Deed and Acris recording and paid the transfer taxes
on behalf of MVP. The Deed was submitted on June 3, 2024.
As of June 8, 2024, there have been no updates, and the status remains pending. The Office of
the City Register ("City Register") has provided no reason for the delay in recording. The deed
and documents are fully compliant with the NYS Recording Statute, and the transfer taxes were
paid in full timely. Nevertheless, the deed remains unrecorded. Other deeds recorded on the
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same day, both before and after, by the title company were recorded within 1 to 2 business
days.Is the New York City Department of Finance, Office of the City Register or their employees,
targeting the Petitioner’s transactions without due process or any notification of detainment or
impoundment? Petition requested a freedom of information law act request to find out who's
withholding his transactions. No one responding to Petitioner requests or demands to record the
deed forthwith. Petitioner takes the lack of response as another delay tactic by NYC DOF.
17. The foregoing properties for which deeds were submitted by or on Petitioner's behalf are
collectively identified herein as the "Properties." The deeds submitted and rejected by the City
Register are collectively identified herein as the "Deeds."
18. Each of the Deeds complied with the minimal statutory requirements of RPL § 291 and the
proper recording fees were tendered by MacGregor Abstract for each of the Deeds. Therefore,
pursuant to RPL § 291, the City Register had a ministerial duty to record and index the Deeds.
19. According to the website of the Respondent Department of Finance, available at:
https://www.nyc.gov/site/finance/property/deed-
fraud.page#:~:text=What%20to%20Do%20If%20You,%2C%20Queens%2C%20or%20the%20B
ronx.
under the heading "Protect Your Property From Deed Fraud," it states that "The City Register at
the Department of Finance reviews documents submitted for recording and reports suspicious
activity to the New York City Department of Finance, Deed Fraud Unit Office of the Sheriff City
Of New York, Bureau of Criminal Investigation 30-10 Starr Avenue Long Island City, NY 11101
Tel (718)707-2100 " Other deeds submitted by the Petitioner to the Respondents were referred
to the Sheriff's office and ultimately resolved, being released from unlawful prolonged
detainment, also known as deed and recording instrument impoundment, and subsequently
allowed to be recorded. These unlawful holds can last from several months to a year. New York
City personnel, acting as attorneys, review legal documents and then pass them to the Sheriff's
office to do the same, all without any notice or hearing date, preventing property owners from
contesting claims against their deeds and recording instruments,Hence delaying the race to
record.
A detainment occurs when a police officer has reasonable suspicion that
an individual may be involved in criminal activity, but they require further
investigation before an arrest can occur. During a detainment, the officer
may hold an individual for a “limited time and in a specific area”.
20. The statutory authority, or lack thereof, for the foregoing review policy notwithstanding, the
City Register clearly lacks authority to outright reject deeds except based on the narrow,
ministerial criteria established by RPL § 291. Even if Respondents have the right to delay
recording for review by the Sheriff's office, never-ending delay is as much a failure of the City
Register to fulfill its duties under RPL § 291 as is impermissible discretionary rejection.
21. 1983 Claim: Government Officials Acting Under Color of Law:
42 U.S.C. § 1983 Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen of the United States or other
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person within the jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to the party
injured in an action at law, suit in equity, or other proper proceeding for redress.
[emphasis added]
While Section 1983 claims often focus on police, they are not the only state actors who
can be sued for civil rights violations. A person may be acting under color of law in
various roles, such as a jailor or prison guard, election official, social services worker,
school district employee, government employee, or City and Town Clerk.
Section 1983 vs. Bivens The U.S. Supreme Court established a similar kind of legal claim
to the Section 1983 lawsuit in Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics. (403 U.S. 388 (1971).) A "Bivens action" is comparable to a Section
1983 case, the key difference being that the person accused of wrongdoing is an official
of the federal—rather than a state or local—government. In a section 1983 case, for
example, the defendant might be a city police officer, whereas the defendant in a Bivens
case could be a U.S. Border Patrol agent
This statute thus creates a cause of action against state actors who violate
someone’s constitutional rights.
22. Petitioner sent Multiple emails to Respondents, including employee emails at the City
Register, detailing its extensive discussions with Respondents regarding efforts to record the
Deeds and cooperate with Respondents in doing so (the "Demand"). In the Demand, annexed
Petitioner asserted that Respondents were refusing to record the Deeds without lawful basis
and requested that Respondents comply with the law, threatening legal action.
23. Petitioner has received no response to the Demand, except an admission, that the City
Register and the Sheriff Office had not only taken no action on the Deeds, but had not even
forwarded the last Deeds to the Sheriff's office pursuant to Respondents' dubious review policy.
24. To date, Respondents have failed to record the Deeds as required by law. New York State
operates under a "Race to Record" system, where recording a deed is essential for establishing
ownership claims and protecting property rights. The wasting of man hours is impossible to
believe. Petitioner time, Title abstract company time, Sheriff time and now the courts time.
New York Consolidated Laws, Real Property Law - RPP § 291. Recording of conveyances
A conveyance of real property, within the state, on being duly acknowledged by the person
executing the same, or proved as required by this chapter, and such acknowledgment or proof
duly certified when required by this chapter, may be recorded in the office of the clerk of the
county where such real property is situated, and such county clerk shall, upon the request of
any party, on tender of the lawful fees therefor, record the same in his said office. Every such
conveyance not so recorded is void as against any person who subsequently purchases or
acquires by exchange or contracts to purchase or acquire by exchange, the same real property
or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in
section two hundred ninety-four-a of the real property law, in good faith and for a valuable
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consideration, from the same vendor or assignor, his distributees or devisees, and whose
conveyance, contract or assignment is first duly recorded, and is void as against the lien upon
the same real property or any portion thereof arising from payments made upon the execution of
or pursuant to the terms of a contract with the same vendor, his distributees or devisees, if such
contract is made in good faith and is first duly recorded. Notwithstanding the foregoing, any
increase in the principal balance of a mortgage lien by virtue of the addition thereto of unpaid
interest in accordance with the terms of the mortgage shall retain the priority of the original
mortgage lien as so increased provided that any such mortgage instrument sets forth its terms
of repayment. In New York the transfer of real property is generally evidenced by a deed which
gets recorded in the office of the County Clerk) in the county where the real property is located,
or in the case of property located in New York City, the City Register. The importance of
recording an ownership interest and the risks of failing to do so was demonstrated in a recent
decision of the New York Appellate Division, Second Department. The plaintiff in the case lost
his rights to property because he never recorded his interest and the subsequent purchaser had
no notice of that interest.
Bello v Ouellette 2022 NY Slip Op 07043 Decided on December 14, 2022 Appellate Division,
Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary
Law § 431.
First Claim for Relief- By failing to record the Deeds, Respondents have
violated their ministerial duty to record the Deeds pursuant to RPL §
291, and Petitioner is entitled to a writ of mandamus pursuant to CPLR
Article 78 compelling the City Register to accept and record the Deeds
for recording.
25. The Petitioner incorporates all the previous statements and allegations in paragraphs 1
through 24. (incorporating all previous allegations)
26. The City Register, serving as the recording officer for New York, Bronx, Kings, and Queens
counties, has a statutory ministerial duty to record and index instruments affecting real property,
provided these instruments meet the minimal requirements set forth in RPL § 291. The law
grants the City Register no discretion to delay or withhold the recording of a properly executed
and acknowledged deed.
27. Respondents rejected each of the Deeds on vague and unsupported grounds. Although
Petitioner made corrections each time, Respondents continued to claim that the "Document
requires further review," a review not contemplated or permitted by RPL § 291. The City
Register has held the Deeds for more than 11 months for Property #1 and a week for Property
#2 without recording them or taking any legally permitted action. By failing to record the Deeds,
Respondents have breached their ministerial duty under RPL § 291. Consequently, Petitioner is
entitled to a writ of mandamus under CPLR Article 78, compelling the City Register to accept
and record the Deeds.
28. The law permits the City Register no discretion to delay or withhold from recording a
properly executed and acknowledged deed.
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29. Respondents rejected each of the Deeds on the vague and statutorily baseless ground that
the "document requires further review," which review by Respondents is not contemplated or
permitted in RPL § 291.
30. The City Register has had the Deeds in its possession for almost 1 year to date regarding
124 East 28th St Brooklyn NY 11226 and approximately a week regarding 1831 East 48th Street
Brooklyn NY 11234 without recording the same or taking any action permitted by the law.
31. By failing to record the Deeds, Respondents have violated their ministerial duty to record the
Deeds pursuant to RPL § 291, and Petitioner is entitled to a writ of mandamus pursuant to
CPLR Article 78 compelling the City Register to accept and record the Deeds for recording.
Second Claim for Relief- For the aforementioned reasons, Respondents'
actions were not substantially justified, entitling Petitioner to costs,
disbursements, and attorney's fees under CPLR 8600 et seq. ("State Equal
Access to Justice Act"), in an amount to be determined by the Court. Venue is
proper under CPLR 505(a) and 506(b).
32. The Petitioner incorporates all the previous statements and allegations in paragraphs 1
through 31. (incorporating all previous allegations)
33. For the aforementioned reasons, Respondents' actions were not substantially justified,
entitling Petitioner to costs, disbursements, and attorney's fees under CPLR 8600 et seq.
("State Equal Access to Justice Act"), in an amount to be determined by the Court. Venue is
proper under CPLR 505(a) and 506(b). Petitioner has no adequate remedy at law. The
proceeding was initiated within four months of the issuance of the last Demand and or Rejection
letter.
34. Venue is proper pursuant to CPLR 505(a) and 506(b).
35. Petitioner has no adequate remedy at law.
36. The instant proceeding commenced within four months of issuance of the Demand.
37. No previous application for the relief sought herein has been made in this Court or any other
court.
WHEREFORE, Petitioner demands judgment against Respondents as follows:
(a) pursuant to CPLR Article 78, issuing a writ of mandamus compelling Respondents to
immediately release and record the Deed for Tap-Tee Realty Inc for the property known as
124 East 28th Street Brooklyn NY 11226 and also to release and record the Deed for MVP
Realty Holdings Inc for the Property Known as 1832 East 49th Street Brooklyn NY 11234;
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(b) pursuant to CPLR Article 86, for the costs and disbursements of this proceeding, including
Petitioner's legal fees; and
(c) such other and further relief as the Court
*** No previous application for the relief sought has been made in this or any other court.
Dated: June 8th, 2024
________/S/_____________
Joshua R. Bronstein Esq.
Joshua R. Bronstein & Associates, PLLC.
Attorney for Petitioner’s
114 Soundview Dr Port Washington, NY 11050
T: 516-698-0202 F: 516-791-3470 E: jbrons5@yahoo.com
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Verification
In the Matter of the Application of:
_______________________________________________________
TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, EDDIE DORAN
Petitioner’s,
for a Judgment pursuant to Article 78 of the Civil Practice Index No.:
Law and Rules,
- against -
NEW YORK CITY DEPARTMENT OF FINANCE,
and NEW YORK CITY DEPARTMENT OF FINANCE OFFICE OF
THE CITY REGISTER, John Doe and Jane Doe,
Respondent’s.
_________________________________________________________
State of New York
County of Orange
I, Eddie Doran, being duly sworn, deposes and says:
I am a natural person residing in the State of New York and Petitioner in the within action;
I have read the foregoing Verified Petition and know the contents thereof; and the same is
true to my own knowledge, except as to those matters therein stated to be alleged upon
information and belief, and as to those matters, I believe them to be true.
Dated: June 8th, 2024
Eddie Doran
-----------------------------------
Pursuant to the New York State law allowing for verification without a notary, I affirm that
the foregoing statements are true under the penalties of perjury.
Dated: June 8th, 2024
Eddie Doran
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FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS In the Matter of the Application of: __________________________________________________ TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, EDDIE DORAN Petitioner’s, for a Judgment pursuant to Article 78 of the Civil Practice Index No.: Law and Rules, - against - VERIFIED PETITION NEW YORK CITY DEPARTMENT OF FINANCE, and NEW YORK CITY DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER, John Doe and Jane Doe, Respondent’s. _____________________________________________________ VERIFIED PETITION Petitioner, TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, and EDDIE DORAN., by its attorneys, Joshua R. Bronstein Esq., for its petition against respondents New York City Department of Finance and New York City Department of Finance Office of the City Register (together "Respondents"), alleges as follows: THE ACTION 1. Petitioner brings this Article 78 special proceeding pursuant to New York Civil Practice Law & Rules ("CPLR") § 7801 et seq. and New York Real Property Law ("RPL") § 291 for a writ of mandamus compelling Respondents to record deeds of certain property of Petitioner that were executed, acknowledged, and tendered with the requisite fee, but that thus far Respondents have refused or failed to record, as required by law. THE PARTIES 2. At all relevant times, Petitioner Tap-Tee Realty Inc., MVP Realty Holdings Inc. ("Petitioner"), was and is a corporation operating in the State of New York. Additionally, at all relevant times, Petitioner Eddie Doran ("Petitioner") was and is an individual residing in the State of New York. 3. Upon information and belief, the Respondent New York City Department of Finance is responsible for maintaining the New York City treasury, collecting taxes, and recording property - related documents. 4. Upon information and belief, Respondent Office of the City Register (the "City Register") is a subdivision of the New York City Department of Finance empowered by New York City Charter 1525 and RPL § 290 as the recording officer for the counties of New York, Bronx, Kings, and Queens. 1 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 5. Upon information and belief, Respondents John Doe and Jane Doe, whose names are currently unknown, are alleged to be employees or agents of the New York City Department of Finance Office of the City Register, or the New York City Department of Finance Sheriff's Office. BACKGROUND FACTS 6. Petitioner is engaged in the Real Estate Business of buying, selling, renting, rehabilitating, and financing whole and partial shares or partnerships. Both individually and through its owned companies, Petitioner purchases partial interests in real estate. As part of this process, Petitioner obtains a deed to record its purchase of the partial co-ownership fee interest. 7. Petitioner identifies prospective sellers of real property who are heirs under New York State Intestate Law, holding partial, non-controlling minority shares received through inheritance. Petitioner offers to purchase these partial shares, with the resale price depending on Petitioner's ability to successfully monetize the partial share. Some sellers were unaware that they had inherited the properties from deceased fathers, mothers, brothers, sisters, aunts, and uncles. 8. In many cases, without the payments made and to be made by the Petitioner, the beneficiaries would lack the resources to pursue their rights and obtain a distribution from the estate. Additionally, some properties are burdened with pending tax liens or other title issues. 9. Petitioner monetizes its partial share interests through various methods, including purchasing additional partial shares in the same property, initiating a state court partition action or other litigation, selling the shares, or reaching a settlement with the other co-owners. This approach provides a straightforward exit strategy for non-selling heirs who lack resources to keep the asset or to defend against other heirs using the asset for their own benefits or failing to account. 10. To protect and secure the Petitioner's interests in property, the deeds from its acquisition of partial interests must be recorded. As New York State is a Race to Record State. 11. RPL § 291 provides (emphasis added): A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office. Every such conveyance not so recorded is void as against any person who subsequently purchases or acquires by exchange or contracts to purchase or acquire by exchange, the same real property or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in section two hundred ninety-four-a of the real property law, in good faith and for a valuable consideration, from the same vendor or assignor, his distributee’s or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as against the lien upon the same real property or any portion thereof arising from payments made upon the execution of or pursuant to the terms of a contract with the same vendor, his distributee’s or devisees, if such contract is made in good faith and is first duly recorded. 12. Property No. 1 On August 30, 2023, Petitioner Tap-Tee Realty Inc. acquired a fractional interest in a property located at 124 East 28th Street, Brooklyn, NY 11226 Kings County Block 05138 Lot 0016 (Estate of Helen Dobson) and received an executed and duly acknowledged deed along with NYS and NYC transfer documents (2023090600538). Petitioner retained MacGregor Abstracting to record the deed and pay the recording Taxes., MacGregor Abstracting 2 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 submitted the deed to the City Register for recording on or about September 6, 2023, and made multiple subsequent submissions in response to rejections from the Office of the City Register, finally they were directed by New York City Department of Finance Detective-Sergeant Sheriff Theresa Russo (Sheriff Russo), Impoundment of the deed. Beverly Clarida-Stroud, the grantor and an employee of the NYC Police Department, inherited a minor ownership interest from her deceased father, Allen Dobson, who acquired it through New York State Intestate Laws from his late mother's estate, Helen Dobson. Beverly Clarida-Stroud, as the sole heir at law of Allen Dobson owned a 1/7% fee interest, mistakenly provided her husband's social security number instead of her own to the title company. Upon discovering this error, the documents were promptly corrected and refiled under the direction of Sheriff Theresa Russo, following an investigation by Sheriff Russo that identified the mistake and Sheriff Russon gave instructions to Doran to correct this issue, which he promptly did by getting the correct SS and having docs resigned and refiled. 13. Office of the City Register (the "City Register") Final Deed filing Rejection Letter Dated 4/5/24: Rejection: RE: Unable to Record Document(s) Submitted for Processing Dear TAP-TEE REALTY INC.: Listed below are the document(s) in transaction 2023090600538 that were processed for recording on 3/19/2024 9:35:58 AM which we were not able to record. Please make corrections to any rejected document(s) and resubmit the rejected document(s) to the City Register's Office. The status of each document in the transaction and for rejected document(s), the reason(s) for rejection are as follows: DOCUMENT 2023090600538001 - REJECTED Document requires further review This is not a recordable document in the City Register - Do not return to the City Register. The NYC Real Property Transfer Tax forms for this document are considered filed as of 03/19/2024 with the New York City Department of Finance's Division of Land Records. Please note that if you submit this transfer under a different ACRIS tax form id, the filing date will be lost which may result in late filing penalty and interest. If you have questions or require further information, please send an email to the Office of the City Register at rejecteddocuments@finance.nyc.gov. City Register Thank you, 14. New York City Department of Finance, City Registry office comments All the rejection notice states as the grounds for rejection that the “document requires further review." Notably, the rejection notice did not reject the deed on the basis of failure to tender the lawful fees. No further action by the City Register has been taken to record the deed pursuant to RPL § 291. (Exhibit I) New York City Department of Finance City Registry Office - Rejections Letters Dated Dec 28th 2024 NYC Acris Transaction No. 2023090600538 Doc No. 2023090600538001 Jan 10th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001 Jan 25th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001 Feb 1st 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001 Feb 9th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001 ***April 5th 2024 Acris Transaction No. 2023090600538 Doc No. 2023090600538001 *** The last letter dated April 5th, 2024, says do not return to the city register office… 3 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 15.In an email dated February 16, 2024 (Exhibit II), followed by a phone call to Eddie Doran, New York City Department of Finance Detective Sergeant Theresa Russo explained for the first time that the deed and transfer documents were flagged due to an error in the grantor's Social Security Number and the stated consideration. The title company had listed $0 as the consideration, whereas the actual amount was $10,000.00. Both issues were promptly addressed, and the documents were refiled. However, to this day, we still have not received a recorded deed or another rejection letter. It should be noted that any consideration under for residential transfers is 1% when the consideration exceeds $25,000 and is less than $500,000 and zero percent from $1 to $25,000.00. On February 26, 2024, our title company generated new ACRIS documents under ACRIS No. 2024022600268 according to Sheriff Russo's instructions. We submitted these new documents to the New York City Register's Office, but Sheriff Russo did not review them after directing us to prepare and file the new acris documents. Claiming the register office didn't direct them to her office for further review. (Exhibit IV) Emails between Doran and the title company recording agents, New York City Department of Finance Register office. Multiple emails were sent to the New York City Department of Finance, the New York City Register Office, and various department heads requesting relief. Eventually, Sheriff Russo responded by phone, stating that she is not withholding the deed and that it is now the responsibility of the New York City Department of Finance, City Register Office. Despite this, the latest rejection letter indicated that the document "requires further review." May 22,2024 Email from Head Sheriff, Anthony Miranda (Exhibit III) demanded an explanation from the Sheriff Legal Department and Sheriff Russo regarding the issues why the deed is still not recorded for 124 East 28th Street Brooklyn NY 11226. Sheriff Russo informed Eddie Doran over the phone that the matter is no longer within the sheriff's office's jurisdiction. It remains unclear who is responsible for the delay in recording the deed and transfer documents and why the last rejection letter states "Further review required" and advises not to return to the City Register Office. This situation appears arbitrary and capricious, reflecting a lack of coordination between the involved parties who wrongly impound deeds. 16. Property #2 Located at 1832 East 49th Street, Brooklyn, NY 11234 Kings County Block 08488 Lot 0047 (Estate of Catherine Harley), Property #2 was acquired by Petitioner MVP Realty Holdings Inc. ("MVP"), purchasing a 50% fee interest via a deed along with an assignment of Estate Rights, Claims, Interest. “MVP” obtained a title report & policy from Intracoastal Abstract Co., Inc. The principal of MVP Eddie Doran resides in Orange County and requested permission to have a local title company notarize the purchaser's part and record the deed and recording documents locally. Permission was granted, and an Acris cover page number was released and assigned to New York Abstract & Agency, Inc. which provided a courtesy Deed and Acris recording and paid the transfer taxes on behalf of MVP. The Deed was submitted on June 3, 2024. As of June 8, 2024, there have been no updates, and the status remains pending. The Office of the City Register ("City Register") has provided no reason for the delay in recording. The deed and documents are fully compliant with the NYS Recording Statute, and the transfer taxes were paid in full timely. Nevertheless, the deed remains unrecorded. Other deeds recorded on the 4 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 same day, both before and after, by the title company were recorded within 1 to 2 business days.Is the New York City Department of Finance, Office of the City Register or their employees, targeting the Petitioner’s transactions without due process or any notification of detainment or impoundment? Petition requested a freedom of information law act request to find out who's withholding his transactions. No one responding to Petitioner requests or demands to record the deed forthwith. Petitioner takes the lack of response as another delay tactic by NYC DOF. 17. The foregoing properties for which deeds were submitted by or on Petitioner's behalf are collectively identified herein as the "Properties." The deeds submitted and rejected by the City Register are collectively identified herein as the "Deeds." 18. Each of the Deeds complied with the minimal statutory requirements of RPL § 291 and the proper recording fees were tendered by MacGregor Abstract for each of the Deeds. Therefore, pursuant to RPL § 291, the City Register had a ministerial duty to record and index the Deeds. 19. According to the website of the Respondent Department of Finance, available at: https://www.nyc.gov/site/finance/property/deed- fraud.page#:~:text=What%20to%20Do%20If%20You,%2C%20Queens%2C%20or%20the%20B ronx. under the heading "Protect Your Property From Deed Fraud," it states that "The City Register at the Department of Finance reviews documents submitted for recording and reports suspicious activity to the New York City Department of Finance, Deed Fraud Unit Office of the Sheriff City Of New York, Bureau of Criminal Investigation 30-10 Starr Avenue Long Island City, NY 11101 Tel (718)707-2100 " Other deeds submitted by the Petitioner to the Respondents were referred to the Sheriff's office and ultimately resolved, being released from unlawful prolonged detainment, also known as deed and recording instrument impoundment, and subsequently allowed to be recorded. These unlawful holds can last from several months to a year. New York City personnel, acting as attorneys, review legal documents and then pass them to the Sheriff's office to do the same, all without any notice or hearing date, preventing property owners from contesting claims against their deeds and recording instruments,Hence delaying the race to record. A detainment occurs when a police officer has reasonable suspicion that an individual may be involved in criminal activity, but they require further investigation before an arrest can occur. During a detainment, the officer may hold an individual for a “limited time and in a specific area”. 20. The statutory authority, or lack thereof, for the foregoing review policy notwithstanding, the City Register clearly lacks authority to outright reject deeds except based on the narrow, ministerial criteria established by RPL § 291. Even if Respondents have the right to delay recording for review by the Sheriff's office, never-ending delay is as much a failure of the City Register to fulfill its duties under RPL § 291 as is impermissible discretionary rejection. 21. 1983 Claim: Government Officials Acting Under Color of Law: 42 U.S.C. § 1983 Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other 5 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. [emphasis added] While Section 1983 claims often focus on police, they are not the only state actors who can be sued for civil rights violations. A person may be acting under color of law in various roles, such as a jailor or prison guard, election official, social services worker, school district employee, government employee, or City and Town Clerk. Section 1983 vs. Bivens The U.S. Supreme Court established a similar kind of legal claim to the Section 1983 lawsuit in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. (403 U.S. 388 (1971).) A "Bivens action" is comparable to a Section 1983 case, the key difference being that the person accused of wrongdoing is an official of the federal—rather than a state or local—government. In a section 1983 case, for example, the defendant might be a city police officer, whereas the defendant in a Bivens case could be a U.S. Border Patrol agent This statute thus creates a cause of action against state actors who violate someone’s constitutional rights. 22. Petitioner sent Multiple emails to Respondents, including employee emails at the City Register, detailing its extensive discussions with Respondents regarding efforts to record the Deeds and cooperate with Respondents in doing so (the "Demand"). In the Demand, annexed Petitioner asserted that Respondents were refusing to record the Deeds without lawful basis and requested that Respondents comply with the law, threatening legal action. 23. Petitioner has received no response to the Demand, except an admission, that the City Register and the Sheriff Office had not only taken no action on the Deeds, but had not even forwarded the last Deeds to the Sheriff's office pursuant to Respondents' dubious review policy. 24. To date, Respondents have failed to record the Deeds as required by law. New York State operates under a "Race to Record" system, where recording a deed is essential for establishing ownership claims and protecting property rights. The wasting of man hours is impossible to believe. Petitioner time, Title abstract company time, Sheriff time and now the courts time. New York Consolidated Laws, Real Property Law - RPP § 291. Recording of conveyances A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office. Every such conveyance not so recorded is void as against any person who subsequently purchases or acquires by exchange or contracts to purchase or acquire by exchange, the same real property or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in section two hundred ninety-four-a of the real property law, in good faith and for a valuable 6 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as against the lien upon the same real property or any portion thereof arising from payments made upon the execution of or pursuant to the terms of a contract with the same vendor, his distributees or devisees, if such contract is made in good faith and is first duly recorded. Notwithstanding the foregoing, any increase in the principal balance of a mortgage lien by virtue of the addition thereto of unpaid interest in accordance with the terms of the mortgage shall retain the priority of the original mortgage lien as so increased provided that any such mortgage instrument sets forth its terms of repayment. In New York the transfer of real property is generally evidenced by a deed which gets recorded in the office of the County Clerk) in the county where the real property is located, or in the case of property located in New York City, the City Register. The importance of recording an ownership interest and the risks of failing to do so was demonstrated in a recent decision of the New York Appellate Division, Second Department. The plaintiff in the case lost his rights to property because he never recorded his interest and the subsequent purchaser had no notice of that interest. Bello v Ouellette 2022 NY Slip Op 07043 Decided on December 14, 2022 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. First Claim for Relief- By failing to record the Deeds, Respondents have violated their ministerial duty to record the Deeds pursuant to RPL § 291, and Petitioner is entitled to a writ of mandamus pursuant to CPLR Article 78 compelling the City Register to accept and record the Deeds for recording. 25. The Petitioner incorporates all the previous statements and allegations in paragraphs 1 through 24. (incorporating all previous allegations) 26. The City Register, serving as the recording officer for New York, Bronx, Kings, and Queens counties, has a statutory ministerial duty to record and index instruments affecting real property, provided these instruments meet the minimal requirements set forth in RPL § 291. The law grants the City Register no discretion to delay or withhold the recording of a properly executed and acknowledged deed. 27. Respondents rejected each of the Deeds on vague and unsupported grounds. Although Petitioner made corrections each time, Respondents continued to claim that the "Document requires further review," a review not contemplated or permitted by RPL § 291. The City Register has held the Deeds for more than 11 months for Property #1 and a week for Property #2 without recording them or taking any legally permitted action. By failing to record the Deeds, Respondents have breached their ministerial duty under RPL § 291. Consequently, Petitioner is entitled to a writ of mandamus under CPLR Article 78, compelling the City Register to accept and record the Deeds. 28. The law permits the City Register no discretion to delay or withhold from recording a properly executed and acknowledged deed. 7 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 29. Respondents rejected each of the Deeds on the vague and statutorily baseless ground that the "document requires further review," which review by Respondents is not contemplated or permitted in RPL § 291. 30. The City Register has had the Deeds in its possession for almost 1 year to date regarding 124 East 28th St Brooklyn NY 11226 and approximately a week regarding 1831 East 48th Street Brooklyn NY 11234 without recording the same or taking any action permitted by the law. 31. By failing to record the Deeds, Respondents have violated their ministerial duty to record the Deeds pursuant to RPL § 291, and Petitioner is entitled to a writ of mandamus pursuant to CPLR Article 78 compelling the City Register to accept and record the Deeds for recording. Second Claim for Relief- For the aforementioned reasons, Respondents' actions were not substantially justified, entitling Petitioner to costs, disbursements, and attorney's fees under CPLR 8600 et seq. ("State Equal Access to Justice Act"), in an amount to be determined by the Court. Venue is proper under CPLR 505(a) and 506(b). 32. The Petitioner incorporates all the previous statements and allegations in paragraphs 1 through 31. (incorporating all previous allegations) 33. For the aforementioned reasons, Respondents' actions were not substantially justified, entitling Petitioner to costs, disbursements, and attorney's fees under CPLR 8600 et seq. ("State Equal Access to Justice Act"), in an amount to be determined by the Court. Venue is proper under CPLR 505(a) and 506(b). Petitioner has no adequate remedy at law. The proceeding was initiated within four months of the issuance of the last Demand and or Rejection letter. 34. Venue is proper pursuant to CPLR 505(a) and 506(b). 35. Petitioner has no adequate remedy at law. 36. The instant proceeding commenced within four months of issuance of the Demand. 37. No previous application for the relief sought herein has been made in this Court or any other court. WHEREFORE, Petitioner demands judgment against Respondents as follows: (a) pursuant to CPLR Article 78, issuing a writ of mandamus compelling Respondents to immediately release and record the Deed for Tap-Tee Realty Inc for the property known as 124 East 28th Street Brooklyn NY 11226 and also to release and record the Deed for MVP Realty Holdings Inc for the Property Known as 1832 East 49th Street Brooklyn NY 11234; 8 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 (b) pursuant to CPLR Article 86, for the costs and disbursements of this proceeding, including Petitioner's legal fees; and (c) such other and further relief as the Court *** No previous application for the relief sought has been made in this or any other court. Dated: June 8th, 2024 ________/S/_____________ Joshua R. Bronstein Esq. Joshua R. Bronstein & Associates, PLLC. Attorney for Petitioner’s 114 Soundview Dr Port Washington, NY 11050 T: 516-698-0202 F: 516-791-3470 E: jbrons5@yahoo.com 9 of 10 FILED: KINGS COUNTY CLERK 06/09/2024 11:37 AM INDEX NO. 515880/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/09/2024 Verification In the Matter of the Application of: _______________________________________________________ TAP-TEE REALTY INC., MVP REALTY HOLDINGS INC, EDDIE DORAN Petitioner’s, for a Judgment pursuant to Article 78 of the Civil Practice Index No.: Law and Rules, - against - NEW YORK CITY DEPARTMENT OF FINANCE, and NEW YORK CITY DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER, John Doe and Jane Doe, Respondent’s. _________________________________________________________ State of New York County of Orange I, Eddie Doran, being duly sworn, deposes and says: I am a natural person residing in the State of New York and Petitioner in the within action; I have read the foregoing Verified Petition and know the contents thereof; and the same is true to my own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be true. Dated: June 8th, 2024 Eddie Doran ----------------------------------- Pursuant to the New York State law allowing for verification without a notary, I affirm that the foregoing statements are true under the penalties of perjury. Dated: June 8th, 2024 Eddie Doran 10 of 10