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SWEENEY, GALLO, REICH & BOLZ, ur
ATTORNEYS AT LAW
95-25 QUEENS BOULEVARD
ELEVENTH FLOOR,
REGO PARK, NEW YORK 11374 COUNSEL.
GERARD J, SWEENEY (718) 459-9000 MINDY J. TREPEL
DAVID A. GALLO FAX: (718) 459-5067
MICHAEL H. REICH
FRANK A. BOLZ IIL
JOHN W. STEIGLER® "MEMBER OF N.Y. & CT.
ROSEMARIE A. KLIE
RASHEL M. MEHLMAN
JOHN L. WOLTHOFF REPLY TO: REGO PARK
MELANIE A. SWEENEY
CHRISTOPHER A. XUEREB
ROBERT M. LINK
RENEE J. ARAGONA
ANDREW P. HERRERA
ERIC M. ZISK
AMANIE A. AKARAH
TOYIN 0. AKINOLA
NINA KHAIMOVA
SOLOMON A. FRAGER
JACKEE C. MISSICK
VICTORIA MIKHELASHVILI
PARDIS CAMARDA
ANGELO A. REGINA
SUSAN P. PERSICHILLI
November 24, 2015
VIA E-FILING & UPS NEXT BUSINESS DAY DELIVERY
Rosenbaum & Rosenbaum, P.C.
100 Wall Street, 15th floor
New York, New York 10005
Attention: Jonathan Gold, Esq.
Re: — Rose Altman v. Realty Equity Holdings 3820 et al.
Index No. 509738/2015; Your File No. 846712
Dear Counsel:
Please be advised that we are in receipt of a summons and verified complaint dated August 6,
2015 (the “Complaint”), regarding the above-referenced matter. At Paragraphs 34-35 of the
Complaint, the plaintiff, Rose Altman, alleges as follows:
34. On or about September 24, 2012, plaintiff was lawfully, carefully and
properly walking over and along the Accident Location when, owing to the
negligence of the defendants, in failing to maintain and keep the Accident
Location in a safe and proper condition and in permitting it to become and remain
dangerous and unsafe, plaintiff suddently and without any notice or warning to
her, was caused to slip, trip and fall violently to the ground.
35, The occurrence was caused solely by the negligence, carelessnes and
recklessness of the defendants and their respective agents, servants, employees,
licensees and/or independent contractors, without any negligence on the part of
the plaintiff contributing thereto.November 24, 2015
Rosenbaum & Rosenbaum, P.C.
Page 2
Please be advised that at the time of the act, occurrence or “trip and fall”, Realty Equity Holdings
3820 (“REH”) did not have any right of title or interest, access or possession to the subject
premises known as and located at 3838 Nostrand Avenue, Brookly, New York 11235 (the
“Premises”).
By deed dated March 4, 2003, and recorded May 8, 2003 in the office of the City Register under
CREN 2003000121377 (copy enclosed), REH transferred all right, title and interest in the
Premises to Nostrand Properties L.L.C. The alleged act occured on September 24, 2012, more
than nine (9) years before the act, occurrence or negligence alleged by plaintiff.
REH has absolutely no consequence or liability in relation to this occurrence. We request that
you withdrraw your claim against REH, or we will proceed to notify the appropriate offices
immediately and give the Court notice of the same.
Sincerely,
Sweeney, Gallo, Reich & Bolz, LLP
By: f / y Ud 4
Rashel M. MehlmanACRIS Search Results By Parcel Identifier
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DET ie 2013000085065 1 ENTIRE 2/15/2013 3/4/2013 SATISFACTION S NOSTRAND, ACADIA NOSTRAND 0
BET jini | Lor 2PM OF MORTGAGE PROPERTIES LLC AVENUE LLC
ber! ime 2013000088064 1 ENTIRE 2/25/2013 "3/4/2013, ASSIGNMENT 13 ACADIA 3780: M&T BANK 13,000,000
~ oT 1:45:41 PM OF LEASES. 3858 NOSTRAND
AND RENTS AVENUE LLC
2013000089063 1 ENTIRE 2/15/2013 3/4/2013 AGREEMENT 34 ACADIA M&T BANK 13,000,000
oT 1:45:40 PM NOSTRAND
AVENUE LLC
2013000089062 1 ENTIRE 2/15/2013 3/4/2013 DEED 4 NOSTRAND ACADIA 3780-3858 19,569,003
Lor 1:48:39 PM PROPERTIES LLC _NOSTRAND AVENUE
Luc ———
ee
2013000089061 1 ENTIRE 2/15/2013 3/4/2013 ASSIGNMENT, 6 _ ACADIA M&T BANK o
lor 1:45:38 PM MORTGAGE NOSTRAND
AVENUE LLC
2013000089060 1 ENTIRE 2/14/2013 3/4/2013 MORTGAGE 11 NOSTRAND __ACADIA NOSTRAND 8,854,040
Lor 1:45:37 OM PROPERTIES LLC AVENUE LLC
2013000089059 1 ENTIRE 2/14/2013 3/4/2013 MORTGAGE iL NOSTRAND ACADIA NOSTRAND 13,000,000
Lor 1:45:36 6M PROPERTIES LLC AVENUE LLC
2013000089058 1 ENTIRE 2/14/2012 eee AGREEMENT 43 NOSTRAND ACADIA NOSTRAND 21,854,840
Lor :35 PM PROPERTIES LLC AVENUE LLC
2013000073720 1 PARTIAL 2/15/2013 aejzss INITIALUCCI «5 ACADIA 3780- M&T BANK 0
3858 NOSTRAND
mn AVENUE LLC
2012000184488 1 ENTIRE 4/20/2012 5/9/2012 ASGNOFASGN 5 SOVEREIGN BANK, ACADIA NOSTRAND oO
Lor 12:54:07 OF LR NA AVENUE LC
PM
if | 2012000184487 1 ENTIRE 4/20/2012 5/9/2012 ASGNOF ASGN 6 SOV APEXLLC SOVEREIGN BANK °
et] ae tor ieigar06 “oF La
PM
Mic 2012000183013 1 ENTIRE 4/20/2012 5/8/2012 ASSIGNMENT, 9 SOVEREIGN BANK, ACADIA NOSTRAND oO
‘| 2012000183012 1 ENTIRE 4/20/2012 5/8/2012 ASSIGNMENT, 8 SOV APEK LLC SOVEREIGN BANK 0
‘Bes ine tor 249.39 6m“ WORTGAGE
2012000171954 1 PARTIAL 4/20/2012 5/1/2012 ucc3 4 NOSTRAND ‘SOVEREIGN BANK, oO
Der ve] tor grldsas am assicnnienr “ppovenries, Uc ta ¥
pers Ne 2010000122701 1 PARTIAL 4/9/2010 4/13/2010 UCC3 3 NOSTRAND SOVEREIGN BANK, o
DET | IMG | Lot 12:10:02 CONTINUATION PROPERTIES, LLC SUCCESSOR BY
PM MERGER WITH
INDEPENDE
‘ETS i 2007000605664 1 ENTIRE 5/16/2005 12/10/2007 ASGN OF ASGN 3 INDEPENDENCE _ INDEPENDENCE °
5 Lot $:04:54PM OF LAR COMMUNITY BANK COMMUNITY REALTY
CORP.
Det ‘ime 2007000605663 1 ENTIRE 5/16/2005 12/10/2007 ASSIGNMENT, 7 INDEPENDENCE INDEPENDENCE °
cme LOT 5:04:53 PM MORTGAGE COMMUNITY BANK COMMUNITY REALTY
CORP.
Der iwey 2007000563073 1 ENTIRE 4/7/2008 11/23/2007 ASSIGNMENT 13 NOSTRAND INDEPENDENCE 23,000,000
Det is Lor :26:31 OF LEASES PROPERTIES LLC COMMUNITY BANK,
PM AND RENTS
DET | iMG! 2007000583072 1 ENTIRE 4/7/2005 11/23/2007 AGREEMENT 29 NOSTRAND INDEPENDENCE 23,000,000
‘Beri [iM lor 12:26:30 PROPERTIES LLC COMMUNITY BANK
°M
DER NG 2007000585071 1 ENTIRE 4/7/2005 11/23/2007 MORTGAGE 15 NOSTRAND INDEPENDENCE 14,610,680
i LoT PROPERTIES LLC COMMUNITY BANK
ce
oer | ine 2007000583070 1 ENTIRE 4/7/2005 11/23/2007 ASSIGNMENT, 12 WELLS FARGO _INDEPENDENCE ¥ o
(Ber | ING Lor 12:26:28 MORTGAGE BANK, NA, COMMUNITY BANK
eM
2007000563069 1 PARTIAL 4/7/2005 33/23/2007 uce 3 _ NOSTRAND __ WELLS FARGO BANK, °
DEE ae 2005000272080 1 ENTIRE 4/14/2005 5/21/2005 INITIAL UCC! 3 NOSTRAND INDEPENDENCE °
DET | ime | Lor 9:49:34 AM PROPERTIES, LLC COMMUNITY BANK
ber | IMG 2003000350223 1 ENTIRE 9/8/2003 9/12/2003 4 NOSTRAND NORWEST BANK °
a LoT 9:59:55 AMCONTINUATION PROPERTIES LLC, MINNESOTA,
‘A NEW YORK NATIONAL
LIMITED LIABIL ASSOCIATION, AS T
2003000121577 1 ENTIRE 9/8/2003 INITIALUCCL 6 NOSTRAND WELLS FARGO o
pet | IMs | oF ioio7.47 PROPERTIES, LLC MINNESOTA, W-A
aM
per) ime | 2003000121378 1 ENTIRE 3/4/2003 5/8/2003 ASSUMPTION 23 REALTY EQUITY WELLS FARGO BANK y 8,637,039
ps) ZIM lor 9:21:54 AM OF MORTGAGE HOLDINGS 3820, MINNESOTA, N.A.
Lue
2003000121377 1 ENTIRE 3/4/2003 5/8/2003 DEED, OTHER 5 REALTY EQUITY NOSTRAND 17,500,000
https://a836-acris.nyc.gov/DS/DocumentSearch/BBLResult?max_rows=99 11/24/2015NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part of the instrument. The City
Register will rely on the information provided
by you on this page for purposes of indexing
this instrument. The information on this page
will control forindexing. purposes in the event
of any conflict with the rest ofthe document. 2003030401313001 002ED042
: “RECORDING AND ENDORSEMENT COVER PAGE __ _” PAGE LOF 5
Document ID: 2003030401313001 Document Date: 03-04-2003 Preparation Date: 03-05-2003
Document Type: DEED, OTHER
Document Page Count: 4
PRESENTER: oo | RETURN TO:
NEW YORK LAND SERVICES |WACHTELL & MASYR
630 THIRD AVENUE 110 EAST S9TH STREET
NEW YORK, NY 10017 :NEW YORK, NY 10022
212-490-2277 :
Title 4O2NYK8899
PROPERTY DATA
Borough Block Lot Unit Address
BROOKLYN 7445 1 Entire Lot 3860 NOSTRAND AVENUE
Property Type: INDUSTRIAL BUILDING
CROSS REFERENCE DATA
CRFN __or Document ID or Year _ Reel Page or File Number
PARTIES
GRANTOR: GRANTEE:
REALTY EQUITY HOLDINGS 3820, L.L.C. NOSTRAND PROPERTIES, L.L.C.
3820 NOSTRAND AVENUE, '1L EAST 44TH STREET
BROOKLYN, NY 11235 NEW YORK, NY 10017
FEES AND TAXES
Mortgage | Recording Fee: $ 57.00
Mortgage Amount: 3 0.00 | Affidavit Fee: $ 0.00
Taxable Mortgage Amount: $ 0.00 . [Nyc Real Property Transfer Tax Filing Fee:
Exemption: i $ 25.00
TAXES: NYS Real Estate Transfer Tax:
County (Basic): $ 0.00 . 8 70,000.00
City (Additional): '$ 0.00 RECORDED OR FILED IN THE OFFICE
Spec (Additional): — $ 0.00 | ea tn OF THE CITY REGISTER OF THE
TASF: S$ 0.00 . CITY OF NEW YORK
MTA: $ 0.00 | Recorded/Filed 05-08-2003 09:21
NYCTA: $ 0,00 City Register File No.(CREN):
TOTAL: $ 0,00
ff, 2003000121377
ff
NYC HPD Affidavit in Lieu of Registration Statement
‘egister Official SignatureDEED
THIS INDENTURE made the 4" day of March, 2003, between REALTY
EQUITY HOLDINGS 3820, L.L.C., a limited liability company formed under and existing by
virtue of the laws of the State of New York, with principal office at 3820 Nostrand Avenue, Suite
101, Brooklyn, New York 11235, party of the first part, and NOSTRAND PROPERTIES,
L.L.C., a limited liability company formed under and existing by virtue of the laws of the State of
New York, with principal office c/o Cohen Commercial Properties, LLC, 11 East 44" Street,
New York, New York 10017, party of the second part,
WITNESSETH:
That the party of the first part, in consideration of Ten Dollars and other valuable
consideration 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 Borough of Brooklyn, County of
Kings, City and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the
northerly side of Avenue Z with the westerly side of Nostrand
Avenue;
RUNNING THENCE westerly along the northerly side of Avenue
Z, 121 feet;
THENCE northerly parallel with Nostrand Avenue, 100 feet;
THENCE easterly parallel with Avenue Z, 11 feet;
THENCE northerly parallel with Nostrand Avenue, 40 feet;
THENCE easterly parallel with Avenue Z, 5 feet;
THENCE northerly parallel with Nostrand Avenue, 560 feet to the
southerly side of Avenue Y;
THENCE easterly along the southerly side of Avenue Y, 105 feet
Page 1 of 4to the westerly side of Nostrand Avenue;
THENCE southerly along the westerly side of Nostrand Avenue,
700 feet to the point or place of BEGINNING;
Said premises being known as and by the street numbers 3780 - 3858 Nostrand Avenue,
Brooklyn, New York , and designated as Section 22, Block 7445, Lot 1, on the Tax Map of
Kings County;
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;
TO 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 cost 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.
Page 2 of 4IN WITNESS WHEREOF, the party of the first part has duly executed this deed
the day and year first above written.
Li Of:
9 (’
REALTY EQUITY HOLDINGS 3820, L.L.C.
By: NOSTRAND REALTY HOLDINGS, L.L.C.
Managing Member
By:
EFTHIMIOS ZISIMOPOULOS,
a/k/a TIM ZISS,
Managing Member
STATE OF NEW YORK _)
)ss.:
COUNTY OF NEW YORK y
On the 4th day of March in the year 2003 before me, the undersigned, personally
appeared EFTHIMIOS ZISIMOPOULOS a/k/a TIM ZISS, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
KARA A. LOBDELL
otary Public. Stave of New You,
Neton)(e02106031220
; 12
valified in NewYork Coun
Gortimaaion Expos Sen! 7, 2ODS
Page 3 of 4oe
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR’S ACTS
DATE : March 4, 2003
GRANTOR : Realty Equity Holdings3820, L.L.C.
GRANTEE : Nostrand Properties, L.L.C.
ADDRESS OF PREMISES : 3780 - 3858 Nostrand Avenue
Brooklyn, New York
SECTION : 22
BLOCK : 7445
LOT : 1
COUNTY : Kings
CITY AND STATE : City and State of New York
Record and Return by Mail To:
WACHTEL & MASYR, L.L.P.
110 East 59" Street
New York, New York 10022
Telephone: (212) 909-9500NYC DEPARTMENT OF FINA
= TROT
2003030401313001002S1EC3
i _ : SUPPORTING DOCUMENT COVER PAGE
Document Date: 03-04-2003
F
Document 1D: 2003030401313001. = oe e
Document Type: DEEDO
1
Preparation Date: 03-05-2003
Page Count)
RP - 5217 REAL PROPERTY TRANSFER REPORT 1
ReMaRKSS a wn eee ne
Smoke Detector AffidavitsFOR CITY USE ONLY
C1, County Code 2, Date Dood
Recorded Wank — Bay Yeor
REAL PROPERTY TRANSFERREPORT
STATE OF NEWYORK
‘STATE BOARD OF REAL PROPERTY SERVICES
RP -5217NYC
fees 2007)
3, Book C4, Pago
OR
}c5,CREN
PROPERTY INFORMATION J
‘repay 3780 = 3860 Nostrand Avene Brooklyn 21235
2.Buyer NOSTRAND PROPERTIES, LLC | ;
Name ~TRSETONET COURT Fae
TAS ET CRIP : FRET RAE
Stax ndeale wore re oxi re ot
Billing other than buyer aderass (at botiom af form) | CO COHEN & CO. L ae j
jil_East 44th Street, New York 1N_Y | 10017 )
TREE ROMER TN STREET AE EV aR TORT
4.indlcat the numbor of Assessment 4A Planning Board Approval “NA for NYC
Roll parcels transferred on the dead Lit fof Parcels OR Partot aParcel 45. agricultural District Notice N/A for NYC
‘Check the boxes bolow as they apply:
XL 205 Jon Ls gggg 8+} Oar Type Condom 8
77. New Construction on Vacant Land
aor LREALTY EQUITY HOLDINGS 3820, LLC, j
TST RAVE STI aa
Ll LL J
TST RETO FRET HANE
9, Check the box below which most accurately describes the use of the property atthe time of s
A[] one Famiy Resident [J] Residoniat Vacant Land Ganeni QF) exe samnenen 1 [ta
BLL] 20-3FamilyResidoniat fp [7] Non-Resident! Vacant Land Aparmont Community Service 1 [1 Pobte serie
[EAE RroRMaTIONy TE. Chack one or mare of Wrese condilions an applcable to anelor
‘Sigifcant Change in Property Betwaon Taxable Status and Sala Dates,
Sale of Businass is Includes in Sate Price
(Other Unusual Factors Atfecting Sale Price ( Specify Below )
None
{ Full Sate Price isthe total amount paid for the property including personal propery.
This payment may ba in tha form of cash, other property ar goods, orthe assumption of
‘mortgages or other obligalions,) Please round (o ihe nearest whole dolar amount.
-0-
£3 nde hwo en
Eoamciasrscoimeymrem! Ly
[ASSESSMENT INFORMATION — Data. should reflect the latest Final Assessment Roll and Tax Bil
415. Building cis LK 2 J 416. Total Assessed Valu (of al parcals in transfer) 2 4b 8.9 9 o
17, Borough, Block and Lot / Roll identifiers) ( if more than three, attach sheet with additional Identifir(e) )
LBZ THES/L A JL i |
40. Sale Contract Date 08 7 20 02 A(] Sale Between Relatives or Former Relatives:
Lymm “or wes 51] sa ereen Res Compares er Parner in Sunes
[Lone arte yer is aoa ter
11 ale of Sele Trantor 03,04 70 D[C] etverar Storis Government Agency orkandng instuon
Monin ow Yeor E Deed Type mat Warranty or Bargain and Sale (Specify Below )
F ‘Sale of Fractional or Less than Fes Interest ( Specify Below )
12, Fu Sata Price 17, 5.0 00,00) §
H
I
J
tered on this form are true and correct (othe best of my knowledge and bellef) ang I understond thatthe
ubject me tothe provisons of the penal lew relative (othe making and flag of fale lastrursests.
‘aking oF oy WiNful fle staterneat of materi fact
[CERTIFICATION J Persity Mae fat
NOSTRAND TE: BUYER'S ATTORNEY
ax: Ad faving MARVIN
aves Soa fet’ prectdene TST ane Fare
BY: ANDREW (Oi. residen +
1 reat lbh Steck (27) Posen’
N.Y. N.Y. 1001
or a we
REALTY EQUITY HOLDINGS 3820, LLC
BY: NOSTRAND REALTY HOLDINGS, LLC
BY: EFTHIMIOS ZISIMOPOULOS a/k/a
TIM ZIssSMOKE DETECTING ALARM (DEVICE) AFFIDAVIT
State of New York )
)ss:
County of New York )
Realty Equity Holdings 3820, LLC
The Grantor (s) /Transferor (s)
Nostrand Properties, LLC
The Grantee (s) /Transferee(s)
Being duly sworn deposes and says we are the Grantor(s) /transferor(s)
and grantee(s)/transferee(s) of the property located at 3780-3858
Nostrand Avenue, County of Kings, Block 7445, Lot 1.
Check appropriate box "1" or "2":
a a. That the Premises is either a one or two-family dwelling
accommodation located in a building owned as a condominium or
cooperative used as a dwelling; and,
b. That installed in the Premises is an approved and operational
smoke detecting device in compliance with those provisions
of Executive Law Section 378 subdivision 5 prescribing New
York State standards for installation of single station smoke
detecting alarm devices and Article 6 of subchapter 17 of
Chapter 1 of Title 27 of the Administrative Code of the City
of New York prescribing New York City standards for smoke
detecting devices; and,
NG That the Premises is NOT a one or two-family dwelling or a
dwelling accommodation located in a building owned as a
condominium or cooperative used as a dwelling; and therefore,
those provisions of Executive Law Section 378 subdivision 5
prescribing New York State standards for installation of single
station smoke detecting alarm devices do not apply to the
Premises; and
That we make this affidavit in compliance with Executive Law
Section 378 subdivision 5 and New York City Administrative Code
Section 11-2105(g). This paragraph numbered "3" is inapplicable if
paragraph numb: "2"above is checked) . a
ealty Equity Holdings 3820, LLC
Grantor/Transferor Grantee/Transferee
Grantor/Transferor Grantee/Transferee
Sworn to before me_this
Sworn to before me this
oot 02iGess1720
Qualified in New Yor Cout
Netat
Netary oie Stave af NewYork
F7Mos No. 0210#u4i1220
Gommmission Expiros Sept Quolified ir New Yor County
Commission Expires Sept. 27, 2005
Preview
SWEENEY, GALLO, REICH & BOLZ, ur ATTORNEYS AT LAW 95-25 QUEENS BOULEVARD ELEVENTH FLOOR, REGO PARK, NEW YORK 11374 COUNSEL. GERARD J, SWEENEY (718) 459-9000 MINDY J. TREPEL DAVID A. GALLO FAX: (718) 459-5067 MICHAEL H. REICH FRANK A. BOLZ IIL JOHN W. STEIGLER® "MEMBER OF N.Y. & CT. ROSEMARIE A. KLIE RASHEL M. MEHLMAN JOHN L. WOLTHOFF REPLY TO: REGO PARK MELANIE A. SWEENEY CHRISTOPHER A. XUEREB ROBERT M. LINK RENEE J. ARAGONA ANDREW P. HERRERA ERIC M. ZISK AMANIE A. AKARAH TOYIN 0. AKINOLA NINA KHAIMOVA SOLOMON A. FRAGER JACKEE C. MISSICK VICTORIA MIKHELASHVILI PARDIS CAMARDA ANGELO A. REGINA SUSAN P. PERSICHILLI November 24, 2015 VIA E-FILING & UPS NEXT BUSINESS DAY DELIVERY Rosenbaum & Rosenbaum, P.C. 100 Wall Street, 15th floor New York, New York 10005 Attention: Jonathan Gold, Esq. Re: — Rose Altman v. Realty Equity Holdings 3820 et al. Index No. 509738/2015; Your File No. 846712 Dear Counsel: Please be advised that we are in receipt of a summons and verified complaint dated August 6, 2015 (the “Complaint”), regarding the above-referenced matter. At Paragraphs 34-35 of the Complaint, the plaintiff, Rose Altman, alleges as follows: 34. On or about September 24, 2012, plaintiff was lawfully, carefully and properly walking over and along the Accident Location when, owing to the negligence of the defendants, in failing to maintain and keep the Accident Location in a safe and proper condition and in permitting it to become and remain dangerous and unsafe, plaintiff suddently and without any notice or warning to her, was caused to slip, trip and fall violently to the ground. 35, The occurrence was caused solely by the negligence, carelessnes and recklessness of the defendants and their respective agents, servants, employees, licensees and/or independent contractors, without any negligence on the part of the plaintiff contributing thereto.November 24, 2015 Rosenbaum & Rosenbaum, P.C. Page 2 Please be advised that at the time of the act, occurrence or “trip and fall”, Realty Equity Holdings 3820 (“REH”) did not have any right of title or interest, access or possession to the subject premises known as and located at 3838 Nostrand Avenue, Brookly, New York 11235 (the “Premises”). By deed dated March 4, 2003, and recorded May 8, 2003 in the office of the City Register under CREN 2003000121377 (copy enclosed), REH transferred all right, title and interest in the Premises to Nostrand Properties L.L.C. The alleged act occured on September 24, 2012, more than nine (9) years before the act, occurrence or negligence alleged by plaintiff. REH has absolutely no consequence or liability in relation to this occurrence. We request that you withdrraw your claim against REH, or we will proceed to notify the appropriate offices immediately and give the Court notice of the same. Sincerely, Sweeney, Gallo, Reich & Bolz, LLP By: f / y Ud 4 Rashel M. MehlmanACRIS Search Results By Parcel Identifier Search Results By Parcel Identifier Records 1 - 99 << previous next >> [Print index] New York Page 1 of 3 'y Department of Finance Office of the City Register Max Rows 99 [Click help for additional instructions) Selecting a help option will open new window (Current Search Criteria: Borough: BROOKLYN / KINGS Block: 07445 Lot: 0001 Unit: N/A Date Range: To Current Date Document Class: All Document Classes. [Search Options ] | New BBL Search] [Edit Current Search] [View Tax Map] Party Doc il Recorded / Party Corretes/ Doc View Reel/P9/File CRFEN Lot Partial Date 3 Filed Document Type Pages: Party Party2, y 1/2 Remarks Amount Other ames DET ie 2013000085065 1 ENTIRE 2/15/2013 3/4/2013 SATISFACTION S NOSTRAND, ACADIA NOSTRAND 0 BET jini | Lor 2PM OF MORTGAGE PROPERTIES LLC AVENUE LLC ber! ime 2013000088064 1 ENTIRE 2/25/2013 "3/4/2013, ASSIGNMENT 13 ACADIA 3780: M&T BANK 13,000,000 ~ oT 1:45:41 PM OF LEASES. 3858 NOSTRAND AND RENTS AVENUE LLC 2013000089063 1 ENTIRE 2/15/2013 3/4/2013 AGREEMENT 34 ACADIA M&T BANK 13,000,000 oT 1:45:40 PM NOSTRAND AVENUE LLC 2013000089062 1 ENTIRE 2/15/2013 3/4/2013 DEED 4 NOSTRAND ACADIA 3780-3858 19,569,003 Lor 1:48:39 PM PROPERTIES LLC _NOSTRAND AVENUE Luc ——— ee 2013000089061 1 ENTIRE 2/15/2013 3/4/2013 ASSIGNMENT, 6 _ ACADIA M&T BANK o lor 1:45:38 PM MORTGAGE NOSTRAND AVENUE LLC 2013000089060 1 ENTIRE 2/14/2013 3/4/2013 MORTGAGE 11 NOSTRAND __ACADIA NOSTRAND 8,854,040 Lor 1:45:37 OM PROPERTIES LLC AVENUE LLC 2013000089059 1 ENTIRE 2/14/2013 3/4/2013 MORTGAGE iL NOSTRAND ACADIA NOSTRAND 13,000,000 Lor 1:45:36 6M PROPERTIES LLC AVENUE LLC 2013000089058 1 ENTIRE 2/14/2012 eee AGREEMENT 43 NOSTRAND ACADIA NOSTRAND 21,854,840 Lor :35 PM PROPERTIES LLC AVENUE LLC 2013000073720 1 PARTIAL 2/15/2013 aejzss INITIALUCCI «5 ACADIA 3780- M&T BANK 0 3858 NOSTRAND mn AVENUE LLC 2012000184488 1 ENTIRE 4/20/2012 5/9/2012 ASGNOFASGN 5 SOVEREIGN BANK, ACADIA NOSTRAND oO Lor 12:54:07 OF LR NA AVENUE LC PM if | 2012000184487 1 ENTIRE 4/20/2012 5/9/2012 ASGNOF ASGN 6 SOV APEXLLC SOVEREIGN BANK ° et] ae tor ieigar06 “oF La PM Mic 2012000183013 1 ENTIRE 4/20/2012 5/8/2012 ASSIGNMENT, 9 SOVEREIGN BANK, ACADIA NOSTRAND oO ‘| 2012000183012 1 ENTIRE 4/20/2012 5/8/2012 ASSIGNMENT, 8 SOV APEK LLC SOVEREIGN BANK 0 ‘Bes ine tor 249.39 6m“ WORTGAGE 2012000171954 1 PARTIAL 4/20/2012 5/1/2012 ucc3 4 NOSTRAND ‘SOVEREIGN BANK, oO Der ve] tor grldsas am assicnnienr “ppovenries, Uc ta ¥ pers Ne 2010000122701 1 PARTIAL 4/9/2010 4/13/2010 UCC3 3 NOSTRAND SOVEREIGN BANK, o DET | IMG | Lot 12:10:02 CONTINUATION PROPERTIES, LLC SUCCESSOR BY PM MERGER WITH INDEPENDE ‘ETS i 2007000605664 1 ENTIRE 5/16/2005 12/10/2007 ASGN OF ASGN 3 INDEPENDENCE _ INDEPENDENCE ° 5 Lot $:04:54PM OF LAR COMMUNITY BANK COMMUNITY REALTY CORP. Det ‘ime 2007000605663 1 ENTIRE 5/16/2005 12/10/2007 ASSIGNMENT, 7 INDEPENDENCE INDEPENDENCE ° cme LOT 5:04:53 PM MORTGAGE COMMUNITY BANK COMMUNITY REALTY CORP. Der iwey 2007000563073 1 ENTIRE 4/7/2008 11/23/2007 ASSIGNMENT 13 NOSTRAND INDEPENDENCE 23,000,000 Det is Lor :26:31 OF LEASES PROPERTIES LLC COMMUNITY BANK, PM AND RENTS DET | iMG! 2007000583072 1 ENTIRE 4/7/2005 11/23/2007 AGREEMENT 29 NOSTRAND INDEPENDENCE 23,000,000 ‘Beri [iM lor 12:26:30 PROPERTIES LLC COMMUNITY BANK °M DER NG 2007000585071 1 ENTIRE 4/7/2005 11/23/2007 MORTGAGE 15 NOSTRAND INDEPENDENCE 14,610,680 i LoT PROPERTIES LLC COMMUNITY BANK ce oer | ine 2007000583070 1 ENTIRE 4/7/2005 11/23/2007 ASSIGNMENT, 12 WELLS FARGO _INDEPENDENCE ¥ o (Ber | ING Lor 12:26:28 MORTGAGE BANK, NA, COMMUNITY BANK eM 2007000563069 1 PARTIAL 4/7/2005 33/23/2007 uce 3 _ NOSTRAND __ WELLS FARGO BANK, ° DEE ae 2005000272080 1 ENTIRE 4/14/2005 5/21/2005 INITIAL UCC! 3 NOSTRAND INDEPENDENCE ° DET | ime | Lor 9:49:34 AM PROPERTIES, LLC COMMUNITY BANK ber | IMG 2003000350223 1 ENTIRE 9/8/2003 9/12/2003 4 NOSTRAND NORWEST BANK ° a LoT 9:59:55 AMCONTINUATION PROPERTIES LLC, MINNESOTA, ‘A NEW YORK NATIONAL LIMITED LIABIL ASSOCIATION, AS T 2003000121577 1 ENTIRE 9/8/2003 INITIALUCCL 6 NOSTRAND WELLS FARGO o pet | IMs | oF ioio7.47 PROPERTIES, LLC MINNESOTA, W-A aM per) ime | 2003000121378 1 ENTIRE 3/4/2003 5/8/2003 ASSUMPTION 23 REALTY EQUITY WELLS FARGO BANK y 8,637,039 ps) ZIM lor 9:21:54 AM OF MORTGAGE HOLDINGS 3820, MINNESOTA, N.A. Lue 2003000121377 1 ENTIRE 3/4/2003 5/8/2003 DEED, OTHER 5 REALTY EQUITY NOSTRAND 17,500,000 https://a836-acris.nyc.gov/DS/DocumentSearch/BBLResult?max_rows=99 11/24/2015NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. The City Register will rely on the information provided by you on this page for purposes of indexing this instrument. The information on this page will control forindexing. purposes in the event of any conflict with the rest ofthe document. 2003030401313001 002ED042 : “RECORDING AND ENDORSEMENT COVER PAGE __ _” PAGE LOF 5 Document ID: 2003030401313001 Document Date: 03-04-2003 Preparation Date: 03-05-2003 Document Type: DEED, OTHER Document Page Count: 4 PRESENTER: oo | RETURN TO: NEW YORK LAND SERVICES |WACHTELL & MASYR 630 THIRD AVENUE 110 EAST S9TH STREET NEW YORK, NY 10017 :NEW YORK, NY 10022 212-490-2277 : Title 4O2NYK8899 PROPERTY DATA Borough Block Lot Unit Address BROOKLYN 7445 1 Entire Lot 3860 NOSTRAND AVENUE Property Type: INDUSTRIAL BUILDING CROSS REFERENCE DATA CRFN __or Document ID or Year _ Reel Page or File Number PARTIES GRANTOR: GRANTEE: REALTY EQUITY HOLDINGS 3820, L.L.C. NOSTRAND PROPERTIES, L.L.C. 3820 NOSTRAND AVENUE, '1L EAST 44TH STREET BROOKLYN, NY 11235 NEW YORK, NY 10017 FEES AND TAXES Mortgage | Recording Fee: $ 57.00 Mortgage Amount: 3 0.00 | Affidavit Fee: $ 0.00 Taxable Mortgage Amount: $ 0.00 . [Nyc Real Property Transfer Tax Filing Fee: Exemption: i $ 25.00 TAXES: NYS Real Estate Transfer Tax: County (Basic): $ 0.00 . 8 70,000.00 City (Additional): '$ 0.00 RECORDED OR FILED IN THE OFFICE Spec (Additional): — $ 0.00 | ea tn OF THE CITY REGISTER OF THE TASF: S$ 0.00 . CITY OF NEW YORK MTA: $ 0.00 | Recorded/Filed 05-08-2003 09:21 NYCTA: $ 0,00 City Register File No.(CREN): TOTAL: $ 0,00 ff, 2003000121377 ff NYC HPD Affidavit in Lieu of Registration Statement ‘egister Official SignatureDEED THIS INDENTURE made the 4" day of March, 2003, between REALTY EQUITY HOLDINGS 3820, L.L.C., a limited liability company formed under and existing by virtue of the laws of the State of New York, with principal office at 3820 Nostrand Avenue, Suite 101, Brooklyn, New York 11235, party of the first part, and NOSTRAND PROPERTIES, L.L.C., a limited liability company formed under and existing by virtue of the laws of the State of New York, with principal office c/o Cohen Commercial Properties, LLC, 11 East 44" Street, New York, New York 10017, party of the second part, WITNESSETH: That the party of the first part, in consideration of Ten Dollars and other valuable consideration 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 Borough of Brooklyn, County of Kings, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Avenue Z with the westerly side of Nostrand Avenue; RUNNING THENCE westerly along the northerly side of Avenue Z, 121 feet; THENCE northerly parallel with Nostrand Avenue, 100 feet; THENCE easterly parallel with Avenue Z, 11 feet; THENCE northerly parallel with Nostrand Avenue, 40 feet; THENCE easterly parallel with Avenue Z, 5 feet; THENCE northerly parallel with Nostrand Avenue, 560 feet to the southerly side of Avenue Y; THENCE easterly along the southerly side of Avenue Y, 105 feet Page 1 of 4to the westerly side of Nostrand Avenue; THENCE southerly along the westerly side of Nostrand Avenue, 700 feet to the point or place of BEGINNING; Said premises being known as and by the street numbers 3780 - 3858 Nostrand Avenue, Brooklyn, New York , and designated as Section 22, Block 7445, Lot 1, on the Tax Map of Kings County; 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; TO 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 cost 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. Page 2 of 4IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Li Of: 9 (’ REALTY EQUITY HOLDINGS 3820, L.L.C. By: NOSTRAND REALTY HOLDINGS, L.L.C. Managing Member By: EFTHIMIOS ZISIMOPOULOS, a/k/a TIM ZISS, Managing Member STATE OF NEW YORK _) )ss.: COUNTY OF NEW YORK y On the 4th day of March in the year 2003 before me, the undersigned, personally appeared EFTHIMIOS ZISIMOPOULOS a/k/a TIM ZISS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KARA A. LOBDELL otary Public. Stave of New You, Neton)(e02106031220 ; 12 valified in NewYork Coun Gortimaaion Expos Sen! 7, 2ODS Page 3 of 4oe BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR’S ACTS DATE : March 4, 2003 GRANTOR : Realty Equity Holdings3820, L.L.C. GRANTEE : Nostrand Properties, L.L.C. ADDRESS OF PREMISES : 3780 - 3858 Nostrand Avenue Brooklyn, New York SECTION : 22 BLOCK : 7445 LOT : 1 COUNTY : Kings CITY AND STATE : City and State of New York Record and Return by Mail To: WACHTEL & MASYR, L.L.P. 110 East 59" Street New York, New York 10022 Telephone: (212) 909-9500NYC DEPARTMENT OF FINA = TROT 2003030401313001002S1EC3 i _ : SUPPORTING DOCUMENT COVER PAGE Document Date: 03-04-2003 F Document 1D: 2003030401313001. = oe e Document Type: DEEDO 1 Preparation Date: 03-05-2003 Page Count) RP - 5217 REAL PROPERTY TRANSFER REPORT 1 ReMaRKSS a wn eee ne Smoke Detector AffidavitsFOR CITY USE ONLY C1, County Code 2, Date Dood Recorded Wank — Bay Yeor REAL PROPERTY TRANSFERREPORT STATE OF NEWYORK ‘STATE BOARD OF REAL PROPERTY SERVICES RP -5217NYC fees 2007) 3, Book C4, Pago OR }c5,CREN PROPERTY INFORMATION J ‘repay 3780 = 3860 Nostrand Avene Brooklyn 21235 2.Buyer NOSTRAND PROPERTIES, LLC | ; Name ~TRSETONET COURT Fae TAS ET CRIP : FRET RAE Stax ndeale wore re oxi re ot Billing other than buyer aderass (at botiom af form) | CO COHEN & CO. L ae j jil_East 44th Street, New York 1N_Y | 10017 ) TREE ROMER TN STREET AE EV aR TORT 4.indlcat the numbor of Assessment 4A Planning Board Approval “NA for NYC Roll parcels transferred on the dead Lit fof Parcels OR Partot aParcel 45. agricultural District Notice N/A for NYC ‘Check the boxes bolow as they apply: XL 205 Jon Ls gggg 8+} Oar Type Condom 8 77. New Construction on Vacant Land aor LREALTY EQUITY HOLDINGS 3820, LLC, j TST RAVE STI aa Ll LL J TST RETO FRET HANE 9, Check the box below which most accurately describes the use of the property atthe time of s A[] one Famiy Resident [J] Residoniat Vacant Land Ganeni QF) exe samnenen 1 [ta BLL] 20-3FamilyResidoniat fp [7] Non-Resident! Vacant Land Aparmont Community Service 1 [1 Pobte serie [EAE RroRMaTIONy TE. Chack one or mare of Wrese condilions an applcable to anelor ‘Sigifcant Change in Property Betwaon Taxable Status and Sala Dates, Sale of Businass is Includes in Sate Price (Other Unusual Factors Atfecting Sale Price ( Specify Below ) None { Full Sate Price isthe total amount paid for the property including personal propery. This payment may ba in tha form of cash, other property ar goods, orthe assumption of ‘mortgages or other obligalions,) Please round (o ihe nearest whole dolar amount. -0- £3 nde hwo en Eoamciasrscoimeymrem! Ly [ASSESSMENT INFORMATION — Data. should reflect the latest Final Assessment Roll and Tax Bil 415. Building cis LK 2 J 416. Total Assessed Valu (of al parcals in transfer) 2 4b 8.9 9 o 17, Borough, Block and Lot / Roll identifiers) ( if more than three, attach sheet with additional Identifir(e) ) LBZ THES/L A JL i | 40. Sale Contract Date 08 7 20 02 A(] Sale Between Relatives or Former Relatives: Lymm “or wes 51] sa ereen Res Compares er Parner in Sunes [Lone arte yer is aoa ter 11 ale of Sele Trantor 03,04 70 D[C] etverar Storis Government Agency orkandng instuon Monin ow Yeor E Deed Type mat Warranty or Bargain and Sale (Specify Below ) F ‘Sale of Fractional or Less than Fes Interest ( Specify Below ) 12, Fu Sata Price 17, 5.0 00,00) § H I J tered on this form are true and correct (othe best of my knowledge and bellef) ang I understond thatthe ubject me tothe provisons of the penal lew relative (othe making and flag of fale lastrursests. ‘aking oF oy WiNful fle staterneat of materi fact [CERTIFICATION J Persity Mae fat NOSTRAND TE: BUYER'S ATTORNEY ax: Ad faving MARVIN aves Soa fet’ prectdene TST ane Fare BY: ANDREW (Oi. residen + 1 reat lbh Steck (27) Posen’ N.Y. N.Y. 1001 or a we REALTY EQUITY HOLDINGS 3820, LLC BY: NOSTRAND REALTY HOLDINGS, LLC BY: EFTHIMIOS ZISIMOPOULOS a/k/a TIM ZIssSMOKE DETECTING ALARM (DEVICE) AFFIDAVIT State of New York ) )ss: County of New York ) Realty Equity Holdings 3820, LLC The Grantor (s) /Transferor (s) Nostrand Properties, LLC The Grantee (s) /Transferee(s) Being duly sworn deposes and says we are the Grantor(s) /transferor(s) and grantee(s)/transferee(s) of the property located at 3780-3858 Nostrand Avenue, County of Kings, Block 7445, Lot 1. Check appropriate box "1" or "2": a a. That the Premises is either a one or two-family dwelling accommodation located in a building owned as a condominium or cooperative used as a dwelling; and, b. That installed in the Premises is an approved and operational smoke detecting device in compliance with those provisions of Executive Law Section 378 subdivision 5 prescribing New York State standards for installation of single station smoke detecting alarm devices and Article 6 of subchapter 17 of Chapter 1 of Title 27 of the Administrative Code of the City of New York prescribing New York City standards for smoke detecting devices; and, NG That the Premises is NOT a one or two-family dwelling or a dwelling accommodation located in a building owned as a condominium or cooperative used as a dwelling; and therefore, those provisions of Executive Law Section 378 subdivision 5 prescribing New York State standards for installation of single station smoke detecting alarm devices do not apply to the Premises; and That we make this affidavit in compliance with Executive Law Section 378 subdivision 5 and New York City Administrative Code Section 11-2105(g). This paragraph numbered "3" is inapplicable if paragraph numb: "2"above is checked) . a ealty Equity Holdings 3820, LLC Grantor/Transferor Grantee/Transferee Grantor/Transferor Grantee/Transferee Sworn to before me_this Sworn to before me this oot 02iGess1720 Qualified in New Yor Cout Netat Netary oie Stave af NewYork F7Mos No. 0210#u4i1220 Gommmission Expiros Sept Quolified ir New Yor County Commission Expires Sept. 27, 2005