Preview
INDEX NO. 64122/2015
(FILED: WESTCHESTER COUNTY CLERK 0873172015 10:47 AM
NYSCEF Di NO. 1 RECEIVED NYSCEF: 08/31/2915
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 2015/
COUNTY OF WESTCHESTER
SeBeessmeteu tases seen deenn ene nnnnsenenasnenseneeennseassen, The basis of venue is
plaintiff's residence Plaintiff
NICOLE BAILEY, designates Westchester
County the place of trial
Plaintiff,
- against - SUMMONS
Plaintiff resides at
G & C YONKERS REALTY, LLC, 177 White Plains Road
ACKLINIS REALTY HOLDING, LLC, Apt. 12F
ACKLINIS ASSOCIATES, L.P., Tarrytown, NY 10591
ACKLINIS MANAGEMENT, CORP.
and PATHMARK STORES, INC.,
Defendants.
County of Westchester
ieee SES eee eee ee rnin ao CEU EEe Nea REEERaeE:
To the above named Defendants:
You are hereby summoned to answer the Complaint in this action and to serve a
copy of your Answer, or, if the Complaint is not served with this Summons, to serve a
Notice of Appearance, on the Plaintiff's Attorneys within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after the service is complete
if this Summons is not personally delivered to you within the State of New York); and in
case of your failure to appear or answer, judgment will be taken against you by default for
the relief demanded in the Complaint.
Dated: Poughkeepsie, New York
August 7, 2015 “
‘YO S, etc.,
PETITO & PETITO, LLP
Attorneys for Plaintiff
2 Austin Court
Poughkeepsie, NY 12603
(845) 454-5586
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
TO: G & C YONKERS REALTY, LLC
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS REALTY HOLDING, LLC
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS ASSOCIATES, L.P.
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS MANAGEMENT, CORP.
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
PATHMARK STORES, INC.
Defendant
2540 Central Avenue/2540 Central Park Avenue
Yonkers, NY 10710
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Meee emer mae eee oe eee ai
NICOLE BAILEY
Plaintiff, Index No 2015/
- against -
VERIFIED
G & C YONKERS REALTY, LLC.,
ACKLINIS REALTY HOLDING, LLC,
ee ie ASSOCIATES, L
MANAGEMENT. "Corp.
and PATIMARR
P STORES, INC.,
Defendants
anon on ---------- === = + ---- 8 === 8-2 == 2 2-3-3
Plaintiff, NICOLE BAILEY, by her attorneys, PETITO & PETITO, LLP, as and for
her Verified Complaint, herein alleges the following upon information and belief:
1 That at all times hereinafter mentioned, the plaintiff was and still is a resident
of the County of Westchester and State of New York.
2 That at all times hereinafter mentioned, upon information and belief, the
defendant, G & C YONKERS REALTY, LLC, is a domestic limited liability company,
with an office for the transaction of business in Westchester, New York
a That at all times hereinafter mentioned, upon information and belief, the
defendant, ACKLINIS REALTY HOLDING, LLC, is a domestic limited liability company,
with an office for the transaction of business in the County of Westchester, New York
4 That at all times hereinafter mentioned, upon information and belief, the
defendant, ACKLINIS ASSOCIATES, L.P., is a domestic limited partnership, with an
office for the transaction of business in the County of Westchester, New York
5 That at all times hereinafter mentioned, upon information and belief, the
defendant, ACKLINIS MANAGEMENT, CORP., is a domestic corporation, with an
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
office for the transaction of business in the County of Westchester, New York.
6 That at all times hereinafter mentioned, upon information and belief, the
defendant, PATHMARK STORES, INC., is a domestic corporation, with an office
for the transaction of business in the County of Westchester, State of New York.
7 That upon information and belief, the defendant, G & C YONKERS REALTY,
LLC, does own the property located at 2540 Central Park Avenue, Yonkers, New York.
8 That upon information and belief, the defendant, G & C YONKERS REALTY,
LLC, is the owner of the properties located at 2458-2498 Central Park Avenue, Yonkers,
New York.
9 That upon information and belief, the defendant, G& C YONKERS REALTY,
LLC, is the owner of the properties located at 2458-2498 Central Avenue, Yonkers,
New York.
10. That upon information and belief, the defendant, G & C YONKERS REALTY,
LLC, owns the premises known as 2540 Central Avenue, Yonkers, New York.
11. That upon information and belief, the defendant, G & C YONKERS REALTY,
LLC, owns the premises upon which a Pathmark Grocery Store is located particularly at
2540 Central Park Avenue, Yonkers, New York.
12. That upon information and belief, the defendant, G & C YONKERS REALTY,
LLC, owns the premises upon which a Pathmark Grocery Store is located particularly at
2540 Central Avenue, Yonkers, New York.
13. That the defendant, PATHMARK STORES, INC., operates a grocery store at
2540 Central Avenue, Yonkers, New York.
14. That the defendant, PATHMARK STORES, INC., operates a grocery store at
2540 Central Park Avenue, Yonkers, New York.
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
15. That the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing
agent for the property known as 2540 Central Avenue, Yonkers, New York.
16. That the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing
agent for the property known as 2540 Central Park Avenue, Yonkers, New York.
17. That the defendant, ACKLINIS ASSOCIATES, L.P., is the managing
agent for the property known as 2540 Central Avenue, Yonkers, New York.
18. That the defendant, ACKLINIS ASSOCIATES, L.P., is the managing
agent for the property known as 2540 Central Park Avenue, Yonkers, New York.
19. That the defendant, ACKLINIS MANAGEMENT, CORP., is the managing
agent for the property known as 2540 Central Avenue, Yonkers, New York.
20. That the defendant, ACKLINIS MANAGEMENT, CORP., is the managing
agent for the property known as 2540 Central Park Avenue, Yonkers, New York.
21. Upon information and belief, the defendant, G & C YONKERS REALTY, LLC,
wns the property set forth in the attached documents marked as Exhibit "A" to wit:
Westchester County Recording & Endorsement Page and Bargain And Sale Deed.
22. That upon information and belief, the defendant, ACKLINIS REALTY
HOLDING, LLC, is the managing agent, and is responsible for the maintenance and
management of the premises known as 2540 Central Park Avenue, Yonkers, New York.
23. That upon information and belief, the defendant, ACKLINIS REALTY
HOLDING, LLC, is the managing agent, and is responsible for the maintenance and
management of the premises known as 2540 Central Avenue, Yonkers, New York.
24. Upon information and belief, the defendant, PATHMARK STORES, INC., does
lease the property from the defendant, G & C YONKERS REALTY, LLC.
25. Upon information and belief, the defendant, ACKLINIS ASSOCIATES, L.P.,
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 5
is a managing agent and responsible for the repair and maintenance of the premises
including roadways, driveways, curb cuts, curbs and sidewalks.
26. Upon information and belief, the defendant, ACKLINIS REALTY HOLDING,
LLC, is a managing agent and responsible for the repair and maintenance of the premises
including roadways, driveways, curb cuts, curbs and sidewalks.
27. Upon information and belief, the defendant, PATHMARK STORES, INC., is
responsible for the maintenance of the sidewalks adjoining its premises and curbs.
28. Upon information and belief, the defendant, ACKLINIS MANAGEMENT,
CORP., is a managing agent and responsible for the repair and maintenance of the premises
including roadways, driveways, curb cuts, curbs and sidewalks.
29. That heretofore on July 2, 2013, the plaintiff was shopping at the Pathmark
Store.
30. Upon information and belief, as leaving the store, the plaintiff did step on the
curb area in a depression which caused severe injury to her foot and/or ankle.
31. That upon information and belief, the plaintiff did sustain physical injury as a
result of the negligence of the defendants and each of them.
32. Upon information and belief, the plaintiff did sustain medical expense and
economic loss.
33. That the limited liability provisions of the CPLR 1601 do not apply pursuant to
one or more exceptions of the CPLR, to wit” that the owner of the premises had a non
delegable duty to provide for the safety of the tenants.
34. By reason of the foregoing the plaintiff, Nicole Bailey, was caused to sustain
serious and personal injuries to wit: her mind and body, some of which upon information
and belief are permanent with permanent effects of pain, disability, disfigurement, scarring
and loss of bodily function. Further, this plaintiff was caused to expend and become
obligated for diverse sums of money for the purposes of maintaining medical care and/or
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 6
cure in an effort to alleviate the suffering and ills sustained as a result of this accident, in
addition to economic loss.
35. That the amount sought exceeds the jurisdiction of all lower courts that might
otherwise have jurisdiction.
36. That by reason of the foregoing, plaintiff is entitled to compensation in judgment
in such sum as being proper to compensate plaintiff for past, present and future pain and
suffering, medical expenses and economic loss.
WHEREFORE, the plaintiff demands judgment against the defendant in such sum
as deemed proper to compensate the plaintiff, Nicole Bailey, herein.
Dated: Poughkeepsie, New York
August 7, 2015 vou of /
PETITO & PETITO, LLP
Attorneys for Plaintiff
2 Austin Court
Poughkeepsie, NY 12603
(845) 454-5586
TO: G&C YONKERS REALTY, LLC
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS REALTY HOLDING, LLC
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS ASSOCIATES, L.P.
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
ACKLINIS MANAGEMENT, CORP.
Defendant
187 Millburn Ave., Suite 6
Millburn, NJ 07041
PATHMARK STORES, INC.
Defendant
2540 Central Avenue/2540 Central Park Avenue
Yonkers, NY 10710
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
SS.
COUNTY OF DUTCHESS )
Bruce A. Petito, an attorney admitted to practice in the Courts of New York State
says: I am the attorney of record for the plaintiff, NICOLE BAILEY, in the
within action; I have read the foregoing VERIFIED COMPLAINT and know the
contents thereof; the same is true to my own knowledge, except as to the matters therein
stated to be alleged on information and belief, and as to those matters I believe it to be true.
The reason this verification is made by me and not the plaintiff, NICOLE BAILEY,
is because the plaintiff resides outside county where I maintain my office. I
affirm that the foregoing statements are true under the penalties of perjury.
Wi
Dated: Poughkeepsie, NY
August 24, 2015
BRUCE A. PETITO
PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603
EXHIBIT
6A”
AOU IMI
‘The Office of the Westchester County rk: This page is part of the instrument; the County Clerk wil
rely on the informatian provided on thi: for purposes of indexing this instrument. To the best of
ubmittar’s knowledge, tne information containad on this Recarding and Endorsement Cavor Pago is
consistent witn the Information contained in the attached decument.
*512763116DED002W*
Westchester County Recording & Endorsement Page
Submitter Information
Name ‘Timely Title Services, Ltd. Phone: 845-225-6100
Address 1: 37 Fair St. Fax,
Address 2: Email: kevin@timelytitie.com
City/State/Zip: Carmel NY 10512 Reference for Submitter: GC Yonkers
Document Details
Control Number: 512763116 Document Type: Deed (DED)
Package ID: 2011 100300053001001 Document Page Count: 6 Total Page Count: 8
Parties [J Additionat Parties on Continuation page
1st PARTY 2nd PARTY
1 YONKERS & HEMPSTEAD REALTY LLC Cther 1 G&C YONKERS REALTY LLC - Other
2 BAKER ROBERT - Individual 2
Property 1 Additional Properties on Continuation page
Street Address: 2458-2498 CENTRAL PARK AVE. Tax Designation: 4-4877-100
City/Town: YONKERS Village:
Cross- References L] Additional Cross-Rets on Continuation page
3: 4
Supporting Documents
1 RP-5217 2; TP-584
Recording Fees Mortgage Taxes
Statutory Recording Fee: $40.00 Document Date:
Page Fee: $35.00 Mortgage Amount:
Cross-Reference Fee: $0.00
$0.00 Basic: $0.00
Mortgage Affidavit Filing Fee:
Westchester, $0.00
RP-5217 Filing Fee: $250.00
Additional: $0.00
TP-584 Filing Fee: $5.00
MTA: $0.00
Total Recording Fees Paid: $330.00 Special: $0.00
Transfer Taxes Yonkers: $0.00
Consideration: $0.00 Total Mortgage Tax: $0.00
Transfer Tax: $0.00
Mansion Tax: $0.00 Dwelling Type: Exempt []
Transfer Tax Number: 35198 Serial #:
RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY GLERK Record and Return To
peat Recorded: 11/07/2011 at 12:16PM CO Pick-up at County Clerk's office
ky Control Number: 512763116
Witness my hand and official seal
fe
Dominick D'Ambrozio, Esq.
F ES Gx Gy — 3372 SE Cascadia Way
No DON EME A
1 ‘aM C.ldoni Tt 0
fastehasler Col ‘cipal! Hobe Sound, FL 33455-8906
FICE 10 THA ESM E A
HiHERE! epED ase |
7 4-45 i?
Vf,
HT eS OUNTY
The biice of the We ichester County Clerk: This page is part of the rument: the County Clerk wil
rely on the information provided an this page for purposes of indexing this in sl rument. To the bestof
submitter's knewladge, the information contained on this Recording and Endorsement Cover Page is
consistent with the information contained in the attached document
*512763116DED002W*
Westchester County Recording & Endorsement Page
Document Details
Control Number: 512763116 Document Type: Deed (DED)
Package ID: 201 1100300053001001 Document Page Count: 6 Total Page Count: 8
Properties Addendum
2458-2498 CENTRAL PARK AVE 10710 YONKERS: 4 4877 200
2458-2498 CENTRAL PARK AVE. 10710 YONKERS. 4.4877 250
2458-2498 CENTRAL PARK AVE. 10710 YONKERS 4 4877 20
94 TRIANGLE DR. 10710 YONKERS 4 4858 1
94 TRIANGLE DA. 10710 YONKERS 4 4858 2
soos
&
BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST
GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION)
FORM 8001 (short version), FORM 8006 (long version)
FOR SELLER
CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS
AND PURCHASER BEFORE SIGNING.
“THIS INDENTURE, made the 29th day of September, 2011,
betweeh Yonkers and Hempstead Realty, LLC, of c/o Dominick N. D'Ambrozio, Esq. PA, 3372 SE
Cascadia Way, Hobe Sound, Florida 33455
party of the first part, and
G &C Yonkers Realty, LLC, of c/o Dominick N. D'Ambrozio, Esq. PA, 3372 SE Cascadia Way, Hobe
Sound, Florida 33455
party of the second part;
WITNESSETH, that the party of the first part, in consideration of 10.00 dollars, lawful money of
the United States, paid by the party of the second part, does hereby grant and release unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever;
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the City of Yonkers, County of Westchester, State of New York more
particulaly described on Schedule A attached hereto and made a part hereof;
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any
streets and roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in
and to said premises;
10 HAVE AND TO HOLD the premises herein granted unto the party of the second part, the
heirs or successors and assigns of the party of the second part forever.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the
party of the first part will receive the consideration for this conveyance and will hold the right to receive
such consideration as a trust fund to be applied first for the purpose of paying the costs of the
improvement and will apply the same first to the payment of the cost of the improvement before using
Any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so
requires.
Section: 4
Block: 4877; 4858
Lot: 100, 200, 250, 20; 1 & 2
NYSBA's Residential Real Estate Forms (9/00) © 2011 Manhew Bender & Co., a member of the |.exisNexis Group.
—=4
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and
year first above written. ~~
Yonkers and Hempstead Realty Asseetates
aT ate A te
Robert Baker, Partner >
ofa
Acknowledgment by a Person Within New York State (RPL § 309-a)
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
On the 29th day of September, 2011, before me, the undersigned, personally appeared Robert
Baker, personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity(ies), and that by his signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
Un
(signature and office of individual taking acknowledgment)
CHULYOUNG KIM
Notary Public, State of New York
No. O1KI6151172
Quallfied In Nassau County
Commission Expires Aug 14, 20. tit
NYSBA's Residential Real Estate Forms (9/00) ©2011 Matthew Bender & Co., a member of the LexisNexis Group.
2
ma
Schedule A
.
'
. |
“AEE tha t certain piece or parcel of land, together with the buil, -
ings and improvements thereon erected, situate, lying and being
in the City of Yonkers, County of Westchester, State of New York;
bounded and described as follows: |
PARCEL 1
BEGINNING at a point on.the southeasterly side of Central Park Avenue,
distant as measured along same 857.48 feet northeasterly from the!
westerly end of a curve having a radius.of 20 feet and length of arc
of 29.92 feet connecting said southeasterly side of Central Park
Avenue and the northeasterly side of East Fort Hill Road, said pojint
of beginning being also where said southeasterly side of Central
Park Avenue is intersected by the northeasterly line of land of
Anthony A. Castellano, Joseph A. Castellano and Dominick F. Castellano;
thence running along said northeasterly line of land of Castellano,
South 56 degrees.48 minutes 05 seconds East 531.43 feet to a corner
of land heretofore conveyed by Tishman Realty and Construction Cq.,
Inc. to Vioe Realty Corp. by deed dated 5/9/58 recorded 5/15/58;
thence continuing along the northeasterly line of land of Casteljano
which is also the southwesterly line of said land so conveyed by
Tishman Realty and Construction Co., Inc. to Vioe Realty Corp. Sduth
56 degrees 48 minutes 05 seconds East 539.99 feet to a corner ofjsaid
land of Castellano; thence continuing along land of Castellano, south
44 degrees 40 minutes 30 seconds West 212.56 feet; and South 45
degrees 21 minutes 30 seconds East 423.35 feet to the northwesteyly
line of land shown on Map of Oak Hill Park, Section #5 filed as Hap
#8896; thence running along said last mentioned land and along tlle
northwesterly line of land shown on Map of Oak Hill Park Section |#4
filed as Map #7502 and along northwesterly line of land no’ w or formerly
of Beach Hill Country Club, Inc. the following courses ar distances:
North 21 degrees 48 minutes 25 seconds East 173.82 feet; North 21
degrees 26 minutes 28 seconds East 28 4.34 feet; North 28 degrees
08 minutes $0 seconds East 73.70 feets North 26 degrees 27 minutes
10 seconds East 155.36 feet; North 27 degrees 41 minutes 10 seconds
East 311,10 feet and North 27 degrees 19 minutes 10 seconds East
124.76 Eeet to the southwesterly line of Lot 17 on Map of Beach Hill
the south—
Acres Section #2 filed as Map #7994; thence running along
westerly line of Lots 17 and 1 8 on said Map $7994 and continuing
along southwesterly Lin e of Lot #19 and also acr oss Chalford Lane
and continuing along th e southwesterly line of Lot 20 on Map 7656,
North 60 degrees 29 minutes 45 se conds West 598.44 feet to land of
City of Yonkers; thence running a long said last mentioned land, South
00.seconds West 194.80 feet and North 56 degrees
44 degrees 30 minutes
50 minutes 26 seconds West to southeasterly side of Central
52 9.63 feat
of Central
thence running along said so! utheasterly side 600
Park Avenue; ds West feat
Park Avenue, South 44 degrees 40 minute s 30 secon
to the point of beginning.
Excepting therefrom the premises appropriated by the State of New York for the widening of
Central Park Avenue, as set forth in L. 6887 cp 140, L. 6904 cp 417, L. 6904 cp 420, L. 6904 cp
422 and Maps Numbered 16873, 16958, 16989, 16960 and 16961, respectively.
City of Yonkers Tax Map Section 4, Block 4877, Lots 100, 200 and
250
Known as 2492 Central Park Avenue
cr Ii J
pecs
Schedule A
.
PA neat 2
The leasehold estate (sometimes referred to as the "Leasehold Estate")
created by that certain Indenture of Lease made between Anthony A
Castellano, Joseph A. Castellano and Dominick F. Castellano, as
Landlords and Vioe Realty Corp., as Tenant, dated the 16th day of
June, 1958 a short form of which was recorded in the Office of th
Clerk of the County of Westchester (Division of Land REcords) on #ne
4tn day of August 1958 in Liber 5827 of conveyances page 129. (Said
indenture of Lease and all modifications, extensions and renewals 1
thereof being sometimes referred to as the "Ground Lease") togeth
with all right, title and interest of the Mortgagor in and to the
premises covered by said Indenture of Lease (sometimes referred tojias
the "Leasehold Parcel") as follows:
ALL that parcel of land thereon and appurtenances thereto, in the ity
of Yonkers, County of Westchester and State of New York, bounded aid
described as follows:
BEGINNING at a point on the southeasterly side of Central Park Avejue,
Gistant 357.49 feet northeasterly as measured along the same from the
westeriy end of a curve having a radius of 20 feet connecting said
side of Cantral Park Avenue with the northeasterly side of East Foyt
Hill Road; running thence from said of beginning the followilg point
courses and distances: South 38 degrees, 24 minutes 20 seconds Eat
30.06 feet; South 36 degrees 11 minutes 30 seconds East 27.44 feet
South 57 degrees 13 minutes 20 seconds East 45.60 feet; South 43
degrees 17 minutes 20 seconds East 115.28 feet; to a point; runnin
thence the following courses and distances: North 41 degrees 30
minutes 40 seconds East 25.15 feet; South 52 degrees 35 minutes 20
seconds East 41.59 feet; and South 18 degrees 36 minutes 20 seconds
East 13.91 feet to a Point on the northeasterly side of Lot #66,
Block 3, on Map #3851; running thence along the same and continuing
the northeasterly and southeasterly sides of Lot #67, South
along
52 degrees 11 minutes 35 seconds, East 79.45 feet; South 47 degrees
50 seconds East 29.91 feet; and South 18 degrees 49 minutes
09 minutes
West 66.25 feet to a point on the northeasterly side of Bacon Place;
ruaning thence along the same South 59 degrees 05 minutes 40 seconds
East 377.37 feet and South 55 degrees 40 minutes 30 seconds East 101.63
feet to a point; running th ence the following courses and distances;
North 58 degrees 30 minutes 35 se conds Bast 109.62 feet; South 55
degrees 40 feet; North 44 degrees 40 minutes
minutes 30 seconds Eas t 100
30 seconds 45 degrees 21 minutes 30 seconds
East 295.78 feet; and South
East 50 feet; North 44 degrees 40 minutes 30 seconds East 212.56 feet
and North 56 degrees 48 minutes 05 secon ds West 1071.42 feet to the
southeasterly side of Central Park Avenue; running thence along
the
423.22 fe et and south-
game South 44 degrees 40 minutes 30 seconds West
westerly on a curve to the left having a yadius of 1339.16 feet, 4
e of 76.78
central angle of 3 degrees 17 minutes 06 seconds a distanc
feet to the point of beginning.
Excepting therefrom the premises appropriated by the State of New York for the widening of
Central Park Avenue, as set forth in L. 6887 cp 140, L. 6904 cp 417, L. 6904 cp 420, L. 6904 cp
422 and Maps Numbered 16873, 16958,.16989. 16960.and 16961. respectively.
City of Yonkers Tax Map Section 4, Stack 4877, Lot 20
Known as 2458 Central Park Avenue
EES ED a See
ee
Schedule A continued
As to Parcel 1 and Parcel 2:
The estate of the transferor herein to Parcel 2 is a leasehold
estate acquired under a lease from Anthony A. Castellano, Jose
A. Castellano and Dominick F. Castellano as fee owners and
landlord, and Vice Realty Corp. as tenant, dated June 16, 1958,/a
memorandum thereof was recorded on August 4, 1958 in Liber 5827,
cp 129.
TOGETHER with the appurtenances and all estate and rights of the
grantor in and to said premises under and by virtue of said
indenture of lease; and
TOGETHER with (a) said Ground Lease; (b) all credits, options,
privileges and rights of the grantor as tenant under the Ground
Lease; (c) all the right, title and interest of the grantor, now
|
or hereafter acquired, in and to any and all buildings,
improvements and appurtenances at any time standing or placed
upon the Leasehold Parcel or any part thereof and all the right
title and interest of the grantor, now or hereafter acquired, inp
and to all fixtures and articles of personal property now or
hereafter located in or about the Leasehold Parcel, together with
any and all replacements thereof and additions thereto and all
building material and equipment now or hereafter delivered to
said premises and intended to be installed therein; (d) all of
the right, title and interest of the grantor, now or hereafter
acquired in and to all and singular the tenements, hereditaments,
right of way, easements, appendages and appurtenances in said
estate and property belonging or in any way appertaining, and (&)
all the rents and income of the above described premises.
SUBJECT however, to the rents, covenants, conditions and
provisions in the Ground Lease mentioned.
Schedule A
7
Parcel 3
MX that parsat of Land in the“city of Yontors, Coyne; Wostehaater and
State of New York, cohciating of Loty Nos, 2 OS Gt a yin Rloel III
as.shown and dosimmated on map ontitled, “Map of Proj F arty of R. C, Assoctaten
Inc., City of Yonkers, Westchester county, New Yortc, Wmada ty Mark E, Bear,
c. | & 3, dated Novemtex 5, 1931 ana filed Resruary 10, 1932 in the office
of the County Clerk, Divigian oi Land Records, formerly htogister's Office of
Westchester Copnt; New York, a3 and necording to ea: mop
vounded“and daseribéed” As" fotlowa:
'
BEGINNING at a point on thep : qaterly
3 side‘of Priangic Drive at the
northwesterly cornerof Lot 66, ‘in Blgek T: 3i
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INDEX NO. 64122/2015 (FILED: WESTCHESTER COUNTY CLERK 0873172015 10:47 AM NYSCEF Di NO. 1 RECEIVED NYSCEF: 08/31/2915 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 2015/ COUNTY OF WESTCHESTER SeBeessmeteu tases seen deenn ene nnnnsenenasnenseneeennseassen, The basis of venue is plaintiff's residence Plaintiff NICOLE BAILEY, designates Westchester County the place of trial Plaintiff, - against - SUMMONS Plaintiff resides at G & C YONKERS REALTY, LLC, 177 White Plains Road ACKLINIS REALTY HOLDING, LLC, Apt. 12F ACKLINIS ASSOCIATES, L.P., Tarrytown, NY 10591 ACKLINIS MANAGEMENT, CORP. and PATHMARK STORES, INC., Defendants. County of Westchester ieee SES eee eee ee rnin ao CEU EEe Nea REEERaeE: To the above named Defendants: You are hereby summoned to answer the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's Attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Poughkeepsie, New York August 7, 2015 “ ‘YO S, etc., PETITO & PETITO, LLP Attorneys for Plaintiff 2 Austin Court Poughkeepsie, NY 12603 (845) 454-5586 PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 TO: G & C YONKERS REALTY, LLC Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS REALTY HOLDING, LLC Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS ASSOCIATES, L.P. Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS MANAGEMENT, CORP. Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 PATHMARK STORES, INC. Defendant 2540 Central Avenue/2540 Central Park Avenue Yonkers, NY 10710 PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Meee emer mae eee oe eee ai NICOLE BAILEY Plaintiff, Index No 2015/ - against - VERIFIED G & C YONKERS REALTY, LLC., ACKLINIS REALTY HOLDING, LLC, ee ie ASSOCIATES, L MANAGEMENT. "Corp. and PATIMARR P STORES, INC., Defendants anon on ---------- === = + ---- 8 === 8-2 == 2 2-3-3 Plaintiff, NICOLE BAILEY, by her attorneys, PETITO & PETITO, LLP, as and for her Verified Complaint, herein alleges the following upon information and belief: 1 That at all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Westchester and State of New York. 2 That at all times hereinafter mentioned, upon information and belief, the defendant, G & C YONKERS REALTY, LLC, is a domestic limited liability company, with an office for the transaction of business in Westchester, New York a That at all times hereinafter mentioned, upon information and belief, the defendant, ACKLINIS REALTY HOLDING, LLC, is a domestic limited liability company, with an office for the transaction of business in the County of Westchester, New York 4 That at all times hereinafter mentioned, upon information and belief, the defendant, ACKLINIS ASSOCIATES, L.P., is a domestic limited partnership, with an office for the transaction of business in the County of Westchester, New York 5 That at all times hereinafter mentioned, upon information and belief, the defendant, ACKLINIS MANAGEMENT, CORP., is a domestic corporation, with an PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 office for the transaction of business in the County of Westchester, New York. 6 That at all times hereinafter mentioned, upon information and belief, the defendant, PATHMARK STORES, INC., is a domestic corporation, with an office for the transaction of business in the County of Westchester, State of New York. 7 That upon information and belief, the defendant, G & C YONKERS REALTY, LLC, does own the property located at 2540 Central Park Avenue, Yonkers, New York. 8 That upon information and belief, the defendant, G & C YONKERS REALTY, LLC, is the owner of the properties located at 2458-2498 Central Park Avenue, Yonkers, New York. 9 That upon information and belief, the defendant, G& C YONKERS REALTY, LLC, is the owner of the properties located at 2458-2498 Central Avenue, Yonkers, New York. 10. That upon information and belief, the defendant, G & C YONKERS REALTY, LLC, owns the premises known as 2540 Central Avenue, Yonkers, New York. 11. That upon information and belief, the defendant, G & C YONKERS REALTY, LLC, owns the premises upon which a Pathmark Grocery Store is located particularly at 2540 Central Park Avenue, Yonkers, New York. 12. That upon information and belief, the defendant, G & C YONKERS REALTY, LLC, owns the premises upon which a Pathmark Grocery Store is located particularly at 2540 Central Avenue, Yonkers, New York. 13. That the defendant, PATHMARK STORES, INC., operates a grocery store at 2540 Central Avenue, Yonkers, New York. 14. That the defendant, PATHMARK STORES, INC., operates a grocery store at 2540 Central Park Avenue, Yonkers, New York. PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 15. That the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing agent for the property known as 2540 Central Avenue, Yonkers, New York. 16. That the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing agent for the property known as 2540 Central Park Avenue, Yonkers, New York. 17. That the defendant, ACKLINIS ASSOCIATES, L.P., is the managing agent for the property known as 2540 Central Avenue, Yonkers, New York. 18. That the defendant, ACKLINIS ASSOCIATES, L.P., is the managing agent for the property known as 2540 Central Park Avenue, Yonkers, New York. 19. That the defendant, ACKLINIS MANAGEMENT, CORP., is the managing agent for the property known as 2540 Central Avenue, Yonkers, New York. 20. That the defendant, ACKLINIS MANAGEMENT, CORP., is the managing agent for the property known as 2540 Central Park Avenue, Yonkers, New York. 21. Upon information and belief, the defendant, G & C YONKERS REALTY, LLC, wns the property set forth in the attached documents marked as Exhibit "A" to wit: Westchester County Recording & Endorsement Page and Bargain And Sale Deed. 22. That upon information and belief, the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing agent, and is responsible for the maintenance and management of the premises known as 2540 Central Park Avenue, Yonkers, New York. 23. That upon information and belief, the defendant, ACKLINIS REALTY HOLDING, LLC, is the managing agent, and is responsible for the maintenance and management of the premises known as 2540 Central Avenue, Yonkers, New York. 24. Upon information and belief, the defendant, PATHMARK STORES, INC., does lease the property from the defendant, G & C YONKERS REALTY, LLC. 25. Upon information and belief, the defendant, ACKLINIS ASSOCIATES, L.P., PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 5 is a managing agent and responsible for the repair and maintenance of the premises including roadways, driveways, curb cuts, curbs and sidewalks. 26. Upon information and belief, the defendant, ACKLINIS REALTY HOLDING, LLC, is a managing agent and responsible for the repair and maintenance of the premises including roadways, driveways, curb cuts, curbs and sidewalks. 27. Upon information and belief, the defendant, PATHMARK STORES, INC., is responsible for the maintenance of the sidewalks adjoining its premises and curbs. 28. Upon information and belief, the defendant, ACKLINIS MANAGEMENT, CORP., is a managing agent and responsible for the repair and maintenance of the premises including roadways, driveways, curb cuts, curbs and sidewalks. 29. That heretofore on July 2, 2013, the plaintiff was shopping at the Pathmark Store. 30. Upon information and belief, as leaving the store, the plaintiff did step on the curb area in a depression which caused severe injury to her foot and/or ankle. 31. That upon information and belief, the plaintiff did sustain physical injury as a result of the negligence of the defendants and each of them. 32. Upon information and belief, the plaintiff did sustain medical expense and economic loss. 33. That the limited liability provisions of the CPLR 1601 do not apply pursuant to one or more exceptions of the CPLR, to wit” that the owner of the premises had a non delegable duty to provide for the safety of the tenants. 34. By reason of the foregoing the plaintiff, Nicole Bailey, was caused to sustain serious and personal injuries to wit: her mind and body, some of which upon information and belief are permanent with permanent effects of pain, disability, disfigurement, scarring and loss of bodily function. Further, this plaintiff was caused to expend and become obligated for diverse sums of money for the purposes of maintaining medical care and/or PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 6 cure in an effort to alleviate the suffering and ills sustained as a result of this accident, in addition to economic loss. 35. That the amount sought exceeds the jurisdiction of all lower courts that might otherwise have jurisdiction. 36. That by reason of the foregoing, plaintiff is entitled to compensation in judgment in such sum as being proper to compensate plaintiff for past, present and future pain and suffering, medical expenses and economic loss. WHEREFORE, the plaintiff demands judgment against the defendant in such sum as deemed proper to compensate the plaintiff, Nicole Bailey, herein. Dated: Poughkeepsie, New York August 7, 2015 vou of / PETITO & PETITO, LLP Attorneys for Plaintiff 2 Austin Court Poughkeepsie, NY 12603 (845) 454-5586 TO: G&C YONKERS REALTY, LLC Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS REALTY HOLDING, LLC Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS ASSOCIATES, L.P. Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 ACKLINIS MANAGEMENT, CORP. Defendant 187 Millburn Ave., Suite 6 Millburn, NJ 07041 PATHMARK STORES, INC. Defendant 2540 Central Avenue/2540 Central Park Avenue Yonkers, NY 10710 PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) SS. COUNTY OF DUTCHESS ) Bruce A. Petito, an attorney admitted to practice in the Courts of New York State says: I am the attorney of record for the plaintiff, NICOLE BAILEY, in the within action; I have read the foregoing VERIFIED COMPLAINT and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not the plaintiff, NICOLE BAILEY, is because the plaintiff resides outside county where I maintain my office. I affirm that the foregoing statements are true under the penalties of perjury. Wi Dated: Poughkeepsie, NY August 24, 2015 BRUCE A. PETITO PETITO & PETITO, LLP, ATTORNEYS AT LAW, 2 Austin Court, Poughkeepsie, NY 12603 EXHIBIT 6A” AOU IMI ‘The Office of the Westchester County rk: This page is part of the instrument; the County Clerk wil rely on the informatian provided on thi: for purposes of indexing this instrument. To the best of ubmittar’s knowledge, tne information containad on this Recarding and Endorsement Cavor Pago is consistent witn the Information contained in the attached decument. *512763116DED002W* Westchester County Recording & Endorsement Page Submitter Information Name ‘Timely Title Services, Ltd. Phone: 845-225-6100 Address 1: 37 Fair St. Fax, Address 2: Email: kevin@timelytitie.com City/State/Zip: Carmel NY 10512 Reference for Submitter: GC Yonkers Document Details Control Number: 512763116 Document Type: Deed (DED) Package ID: 2011 100300053001001 Document Page Count: 6 Total Page Count: 8 Parties [J Additionat Parties on Continuation page 1st PARTY 2nd PARTY 1 YONKERS & HEMPSTEAD REALTY LLC Cther 1 G&C YONKERS REALTY LLC - Other 2 BAKER ROBERT - Individual 2 Property 1 Additional Properties on Continuation page Street Address: 2458-2498 CENTRAL PARK AVE. Tax Designation: 4-4877-100 City/Town: YONKERS Village: Cross- References L] Additional Cross-Rets on Continuation page 3: 4 Supporting Documents 1 RP-5217 2; TP-584 Recording Fees Mortgage Taxes Statutory Recording Fee: $40.00 Document Date: Page Fee: $35.00 Mortgage Amount: Cross-Reference Fee: $0.00 $0.00 Basic: $0.00 Mortgage Affidavit Filing Fee: Westchester, $0.00 RP-5217 Filing Fee: $250.00 Additional: $0.00 TP-584 Filing Fee: $5.00 MTA: $0.00 Total Recording Fees Paid: $330.00 Special: $0.00 Transfer Taxes Yonkers: $0.00 Consideration: $0.00 Total Mortgage Tax: $0.00 Transfer Tax: $0.00 Mansion Tax: $0.00 Dwelling Type: Exempt [] Transfer Tax Number: 35198 Serial #: RECORDED IN THE OFFICE OF THE WESTCHESTER COUNTY GLERK Record and Return To peat Recorded: 11/07/2011 at 12:16PM CO Pick-up at County Clerk's office ky Control Number: 512763116 Witness my hand and official seal fe Dominick D'Ambrozio, Esq. F ES Gx Gy — 3372 SE Cascadia Way No DON EME A 1 ‘aM C.ldoni Tt 0 fastehasler Col ‘cipal! Hobe Sound, FL 33455-8906 FICE 10 THA ESM E A HiHERE! epED ase | 7 4-45 i? Vf, HT eS OUNTY The biice of the We ichester County Clerk: This page is part of the rument: the County Clerk wil rely on the information provided an this page for purposes of indexing this in sl rument. To the bestof submitter's knewladge, the information contained on this Recording and Endorsement Cover Page is consistent with the information contained in the attached document *512763116DED002W* Westchester County Recording & Endorsement Page Document Details Control Number: 512763116 Document Type: Deed (DED) Package ID: 201 1100300053001001 Document Page Count: 6 Total Page Count: 8 Properties Addendum 2458-2498 CENTRAL PARK AVE 10710 YONKERS: 4 4877 200 2458-2498 CENTRAL PARK AVE. 10710 YONKERS. 4.4877 250 2458-2498 CENTRAL PARK AVE. 10710 YONKERS 4 4877 20 94 TRIANGLE DR. 10710 YONKERS 4 4858 1 94 TRIANGLE DA. 10710 YONKERS 4 4858 2 soos & BARGAIN AND SALE DEED WITHOUT COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) FORM 8001 (short version), FORM 8006 (long version) FOR SELLER CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS AND PURCHASER BEFORE SIGNING. “THIS INDENTURE, made the 29th day of September, 2011, betweeh Yonkers and Hempstead Realty, LLC, of c/o Dominick N. D'Ambrozio, Esq. PA, 3372 SE Cascadia Way, Hobe Sound, Florida 33455 party of the first part, and G &C Yonkers Realty, LLC, of c/o Dominick N. D'Ambrozio, Esq. PA, 3372 SE Cascadia Way, Hobe Sound, Florida 33455 party of the second part; WITNESSETH, that the party of the first part, in consideration of 10.00 dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever; ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the City of Yonkers, County of Westchester, State of New York more particulaly described on Schedule A attached hereto and made a part hereof; TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; 10 HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using Any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. Section: 4 Block: 4877; 4858 Lot: 100, 200, 250, 20; 1 & 2 NYSBA's Residential Real Estate Forms (9/00) © 2011 Manhew Bender & Co., a member of the |.exisNexis Group. —=4 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ~~ Yonkers and Hempstead Realty Asseetates aT ate A te Robert Baker, Partner > ofa Acknowledgment by a Person Within New York State (RPL § 309-a) STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) On the 29th day of September, 2011, before me, the undersigned, personally appeared Robert Baker, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity(ies), and that by his signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Un (signature and office of individual taking acknowledgment) CHULYOUNG KIM Notary Public, State of New York No. O1KI6151172 Quallfied In Nassau County Commission Expires Aug 14, 20. tit NYSBA's Residential Real Estate Forms (9/00) ©2011 Matthew Bender & Co., a member of the LexisNexis Group. 2 ma Schedule A . ' . | “AEE tha t certain piece or parcel of land, together with the buil, - ings and improvements thereon erected, situate, lying and being in the City of Yonkers, County of Westchester, State of New York; bounded and described as follows: | PARCEL 1 BEGINNING at a point on.the southeasterly side of Central Park Avenue, distant as measured along same 857.48 feet northeasterly from the! westerly end of a curve having a radius.of 20 feet and length of arc of 29.92 feet connecting said southeasterly side of Central Park Avenue and the northeasterly side of East Fort Hill Road, said pojint of beginning being also where said southeasterly side of Central Park Avenue is intersected by the northeasterly line of land of Anthony A. Castellano, Joseph A. Castellano and Dominick F. Castellano; thence running along said northeasterly line of land of Castellano, South 56 degrees.48 minutes 05 seconds East 531.43 feet to a corner of land heretofore conveyed by Tishman Realty and Construction Cq., Inc. to Vioe Realty Corp. by deed dated 5/9/58 recorded 5/15/58; thence continuing along the northeasterly line of land of Casteljano which is also the southwesterly line of said land so conveyed by Tishman Realty and Construction Co., Inc. to Vioe Realty Corp. Sduth 56 degrees 48 minutes 05 seconds East 539.99 feet to a corner ofjsaid land of Castellano; thence continuing along land of Castellano, south 44 degrees 40 minutes 30 seconds West 212.56 feet; and South 45 degrees 21 minutes 30 seconds East 423.35 feet to the northwesteyly line of land shown on Map of Oak Hill Park, Section #5 filed as Hap #8896; thence running along said last mentioned land and along tlle northwesterly line of land shown on Map of Oak Hill Park Section |#4 filed as Map #7502 and along northwesterly line of land no’ w or formerly of Beach Hill Country Club, Inc. the following courses ar distances: North 21 degrees 48 minutes 25 seconds East 173.82 feet; North 21 degrees 26 minutes 28 seconds East 28 4.34 feet; North 28 degrees 08 minutes $0 seconds East 73.70 feets North 26 degrees 27 minutes 10 seconds East 155.36 feet; North 27 degrees 41 minutes 10 seconds East 311,10 feet and North 27 degrees 19 minutes 10 seconds East 124.76 Eeet to the southwesterly line of Lot 17 on Map of Beach Hill the south— Acres Section #2 filed as Map #7994; thence running along westerly line of Lots 17 and 1 8 on said Map $7994 and continuing along southwesterly Lin e of Lot #19 and also acr oss Chalford Lane and continuing along th e southwesterly line of Lot 20 on Map 7656, North 60 degrees 29 minutes 45 se conds West 598.44 feet to land of City of Yonkers; thence running a long said last mentioned land, South 00.seconds West 194.80 feet and North 56 degrees 44 degrees 30 minutes 50 minutes 26 seconds West to southeasterly side of Central 52 9.63 feat of Central thence running along said so! utheasterly side 600 Park Avenue; ds West feat Park Avenue, South 44 degrees 40 minute s 30 secon to the point of beginning. Excepting therefrom the premises appropriated by the State of New York for the widening of Central Park Avenue, as set forth in L. 6887 cp 140, L. 6904 cp 417, L. 6904 cp 420, L. 6904 cp 422 and Maps Numbered 16873, 16958, 16989, 16960 and 16961, respectively. City of Yonkers Tax Map Section 4, Block 4877, Lots 100, 200 and 250 Known as 2492 Central Park Avenue cr Ii J pecs Schedule A . PA neat 2 The leasehold estate (sometimes referred to as the "Leasehold Estate") created by that certain Indenture of Lease made between Anthony A Castellano, Joseph A. Castellano and Dominick F. Castellano, as Landlords and Vioe Realty Corp., as Tenant, dated the 16th day of June, 1958 a short form of which was recorded in the Office of th Clerk of the County of Westchester (Division of Land REcords) on #ne 4tn day of August 1958 in Liber 5827 of conveyances page 129. (Said indenture of Lease and all modifications, extensions and renewals 1 thereof being sometimes referred to as the "Ground Lease") togeth with all right, title and interest of the Mortgagor in and to the premises covered by said Indenture of Lease (sometimes referred tojias the "Leasehold Parcel") as follows: ALL that parcel of land thereon and appurtenances thereto, in the ity of Yonkers, County of Westchester and State of New York, bounded aid described as follows: BEGINNING at a point on the southeasterly side of Central Park Avejue, Gistant 357.49 feet northeasterly as measured along the same from the westeriy end of a curve having a radius of 20 feet connecting said side of Cantral Park Avenue with the northeasterly side of East Foyt Hill Road; running thence from said of beginning the followilg point courses and distances: South 38 degrees, 24 minutes 20 seconds Eat 30.06 feet; South 36 degrees 11 minutes 30 seconds East 27.44 feet South 57 degrees 13 minutes 20 seconds East 45.60 feet; South 43 degrees 17 minutes 20 seconds East 115.28 feet; to a point; runnin thence the following courses and distances: North 41 degrees 30 minutes 40 seconds East 25.15 feet; South 52 degrees 35 minutes 20 seconds East 41.59 feet; and South 18 degrees 36 minutes 20 seconds East 13.91 feet to a Point on the northeasterly side of Lot #66, Block 3, on Map #3851; running thence along the same and continuing the northeasterly and southeasterly sides of Lot #67, South along 52 degrees 11 minutes 35 seconds, East 79.45 feet; South 47 degrees 50 seconds East 29.91 feet; and South 18 degrees 49 minutes 09 minutes West 66.25 feet to a point on the northeasterly side of Bacon Place; ruaning thence along the same South 59 degrees 05 minutes 40 seconds East 377.37 feet and South 55 degrees 40 minutes 30 seconds East 101.63 feet to a point; running th ence the following courses and distances; North 58 degrees 30 minutes 35 se conds Bast 109.62 feet; South 55 degrees 40 feet; North 44 degrees 40 minutes minutes 30 seconds Eas t 100 30 seconds 45 degrees 21 minutes 30 seconds East 295.78 feet; and South East 50 feet; North 44 degrees 40 minutes 30 seconds East 212.56 feet and North 56 degrees 48 minutes 05 secon ds West 1071.42 feet to the southeasterly side of Central Park Avenue; running thence along the 423.22 fe et and south- game South 44 degrees 40 minutes 30 seconds West westerly on a curve to the left having a yadius of 1339.16 feet, 4 e of 76.78 central angle of 3 degrees 17 minutes 06 seconds a distanc feet to the point of beginning. Excepting therefrom the premises appropriated by the State of New York for the widening of Central Park Avenue, as set forth in L. 6887 cp 140, L. 6904 cp 417, L. 6904 cp 420, L. 6904 cp 422 and Maps Numbered 16873, 16958,.16989. 16960.and 16961. respectively. City of Yonkers Tax Map Section 4, Stack 4877, Lot 20 Known as 2458 Central Park Avenue EES ED a See ee Schedule A continued As to Parcel 1 and Parcel 2: The estate of the transferor herein to Parcel 2 is a leasehold estate acquired under a lease from Anthony A. Castellano, Jose A. Castellano and Dominick F. Castellano as fee owners and landlord, and Vice Realty Corp. as tenant, dated June 16, 1958,/a memorandum thereof was recorded on August 4, 1958 in Liber 5827, cp 129. TOGETHER with the appurtenances and all estate and rights of the grantor in and to said premises under and by virtue of said indenture of lease; and TOGETHER with (a) said Ground Lease; (b) all credits, options, privileges and rights of the grantor as tenant under the Ground Lease; (c) all the right, title and interest of the grantor, now | or hereafter acquired, in and to any and all buildings, improvements and appurtenances at any time standing or placed upon the Leasehold Parcel or any part thereof and all the right title and interest of the grantor, now or hereafter acquired, inp and to all fixtures and articles of personal property now or hereafter located in or about the Leasehold Parcel, together with any and all replacements thereof and additions thereto and all building material and equipment now or hereafter delivered to said premises and intended to be installed therein; (d) all of the right, title and interest of the grantor, now or hereafter acquired in and to all and singular the tenements, hereditaments, right of way, easements, appendages and appurtenances in said estate and property belonging or in any way appertaining, and (&) all the rents and income of the above described premises. SUBJECT however, to the rents, covenants, conditions and provisions in the Ground Lease mentioned. Schedule A 7 Parcel 3 MX that parsat of Land in the“city of Yontors, Coyne; Wostehaater and State of New York, cohciating of Loty Nos, 2 OS Gt a yin Rloel III as.shown and dosimmated on map ontitled, “Map of Proj F arty of R. C, Assoctaten Inc., City of Yonkers, Westchester county, New Yortc, Wmada ty Mark E, Bear, c. | & 3, dated Novemtex 5, 1931 ana filed Resruary 10, 1932 in the office of the County Clerk, Divigian oi Land Records, formerly htogister's Office of Westchester Copnt; New York, a3 and necording to ea: mop vounded“and daseribéed” As" fotlowa: ' BEGINNING at a point on thep : qaterly 3 side‘of Priangic Drive at the northwesterly cornerof Lot 66, ‘in Blgek T: 3i ruming thenee along the northerly line of Lot 66 and continuing along the northes’ line of Lot 67 tn Plogk I1z, eouth 32°42) 5" enat O8 foo¥" ar south 5! A! gaat 29.91 foot ‘to ‘hia casterdy line of waid Lot 673 t caster: ‘ly ling of said ‘Lot running ‘thenee along the south 7 eae 0" west 66.76 £és Tet eho morendeiy ‘sige of Dacon Places vunnin: ig thenee along the northerly side of Bacon Plecc, north 7o° 3 3° oO" wast 134.14 fect to a point of curve; running thenca northwosterly gn a curve to the right, having a radius of 15 fect, a distance of 25, we Beat toa patne on the easterly Bide of Sraingic | Drive; 2 running oh al ng the easterly sido of Triangle Driva, north 2 6° kot 35" czst-66,92 fees to the point or placa of beginning. City of Yonkers Tax Map Sect ion 4, Block 4858, Lots 1 and Known as 94 Triangle Dri 4 ve *5 ne " e a i mie i eTiAba feran 7D Spymimec bm Bneta AQ. 2372 SE Cree AoA why Hoge Gums Ve 234sy” |1b 08 ag "gu ia XS \SSS SS WS Ss\ \ ‘ \ gS \WS\ SS \W\ aT aT d ay see ml Ce\\ a) eof. BS Sle NN \\ ~ea AC\3\ cLL “ . :a ganrne a\ - SSSS \\ \ od \\ \S Tt (x Seo! oe at 4% 5 ah of BU g a Ra Qo Saeeer oof van