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FILED: QUEENS COUNTY CLERK 07/07/2015 04:06 PM INDEX NO. 707075/2015
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/07/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
MORTGAGE FORECLOSURE
Wells Fargo Bank, N.A., COMPLAINT
Plaintiff, Index No. _______________
-against- Date Filed:______________
Lillian Scalone a/k/a Lillian T. Scalone; The United States of
America acting through The Secretary of Housing and Urban
Development; City of New York Environmental Control
Board; City of New York Parking Violations Bureau; City of
New York Transit Adjudication Bureau, "JOHN DOE", said
name being fictitious, it being the intention of Plaintiff to
designate any and all occupants of premises being foreclosed
herein, and any parties, corporations or entities, if any,
having or claiming an interest or lien upon the mortgaged
premises,
Defendants.
The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
defendants above named, and for its cause of action, alleges that:
First: The Plaintiff herein, at all times hereinafter mentioned was and still is a
duly authorized National Association and having an office c/o 3476 Stateview Blvd, MAC#
X7801-013, Fort Mill, South Carolina 29715.
PLAINTIFF FURTHER ALLEGES
UPON INFORMATION AND BELIEF
Second: The defendants set forth in Schedule "A" own real property or have a
place of business at the address set forth therein and are made defendants in this action in the
capacities therein alleged and for the purpose of foreclosing and extinguishing any other right,
title or interest said defendants may have in the subject premises.
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Third: The United States of America, The People of the State of New York, The
State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York and all other agencies or instrumentalities of the Federal, State or local government
(by whatever name designated) if made parties to this action and if appearing in Schedule "B",
are made parties solely by reason of the interest set forth in Schedule "B" and for no other
reason.
Fourth: Heretofore, the defendant(s), Lillian Scalone, for the purpose of securing
to Wells Fargo Bank, N.A., its successors and assigns, duly made a certain adjustable or fixed
rate note (Home Equity Conversion instrument), wherein and whereby they bound themselves,
their heirs, executors, administrators and assigns, and each and every one of them, jointly and
severally, in the amount of said sum of money, all as more fully appears together with the terms
of repayment of said sum or rights of Wells Fargo Bank, N.A., its successors and assigns, in said
bond, note or other instrument, a copy of which is attached hereto and made a part hereof.
Fifth: As security for the payment of said indebtedness, a Home Equity
Conversion Mortgage was executed in the sum of $938,250.00, acknowledged and delivered to
Wells Fargo Bank, N.A. recorded in the Queens County Office of the City Register on March 16,
2011, in CRFN 2011000094866, wherein and whereby the mortgagor(s) named therein
mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and
assigns, the premises more particularly described therein, hereinafter called "mortgaged
premises", under certain conditions with rights, duties and privileges between or among them as
more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof.
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Sixth: Heretofore, the defendant(s), Lillian Scalone, also executed a Home
Equity Conversion Loan Agreement, more commonly known as a “Reverse Mortgage
Agreement”, which required the lender to pay the sums secured by the Home Equity Conversion
Mortgage on a periodic basis, instead of in one lump sum at the time the loan documents were
executed. The Home Equity Conversion Mortgage and Agreement provided that the Lender may
require immediate payment in full of all sums secured if Lillian Scalone ceases to occupy the
subject premises as her principal residence. In this case the 30 Day Repayment Demand for
Non-Occupancy was dated and mailed April 21, 2015.
Seventh: The Plaintiff is the current owner and holder of the subject Home Equity
Conversion Mortgage and Note and therefore has the authority to institute a mortgage
foreclosure action.
Eighth: The Home Equity Conversion Mortgage was duly recorded and the
mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's
Office at the place and time which appears thereon.
Ninth: Although Plaintiff advanced the monies required pursuant to the Home
Equity Conversion Loan Mortgage and Agreement, Lillian Scalone has/have failed and neglected
to comply with the conditions of the Home Equity Conversion Mortgage, Agreement and note by
omitting and failing to comply with the terms and provisions of the said instruments to either
occupy the subject premises or to pay the balance due upon expiration period of notice of default
for non-occupancy. The default has continued beyond the applicable grace period set forth in the
Note, Home Equity Conversion Mortgage and Agreement and by reason thereof, Plaintiff has
elected and hereby elects to declare immediately due and payable the entire unpaid balance.
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Tenth: By reason of the foregoing, there is now due and owing to the plaintiff
upon said Note, Home Equity Conversion Mortgage and Agreement, the unpaid principal
balance set forth in Schedule C, and such other fees, costs, late charges, and interest, the amount
of which will be determined by the Court.
Eleventh: The Home Equity Conversion Mortgage provides that, in the case of
foreclosure, the mortgaged premises may be sold in one parcel.
Twelfth: The Plaintiff shall not be deemed to have waived, altered, released or
changed the election hereinbefore made by reason of the payment or performance, after the date
of the commencement of this action, of any or all of the defaults mentioned herein; and such
election shall continue and remain effective until the costs and disbursements of this action, and
all present and future defaults under the Note and Home Equity Conversion Mortgage and
Agreement and occurring prior to the discontinuance of this action are fully paid and cured.
Thirteenth: Pursuant to the Fair Debt Collection Practices Act, this action may be
deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a
result of this action will be used for that purpose.
Fourteenth: If the subject Note and Home Equity Conversion Mortgage fall within the
prescribed definition of a subprime home loan or high-cost home loan as identified under section
six-l or six-m of the New York State Banking Law, then Plaintiff has complied with all the
provisions of section five-hundred ninety-five of the New York State Banking Law and any rules
and regulations promulgated thereunder, section six-l or six-m of the New York State Banking
Law and section thirteen hundred four of New York State Real Property Actions and
Proceedings Law (RPAPL).
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Fifteenth: Plaintiff has complied with RPAPL § 1306 as the provisions contained in
RPAPL § 1304 are inapplicable to this action, and therefore, the filing requirements set forth in
RPAPL § 1306 are unnecessary.
Sixteenth: Upon review of the Mortgage being foreclosed herein, it was determined
that the said legal description was omitted, and the mortgage and any necessary loan documents
related to such mortgage, should be reformed by including the legal description (hereinafter
referred to as “Intended Mortgage Premise”), a copy of which is annexed hereto as “Schedule
E”.
WHEREFORE, plaintiff demands judgment:
(a) Adjudging and decreeing the amounts due the plaintiff for principal, interest,
costs, and reasonable attorney's fees, if and as provided for in the said mortgage;
(b) That the defendants and all persons claiming by, through or under them, or either
or any of them, subsequent to the commencement of this action and every other person or
corporation whose right, title conveyance or encumbrance is subsequent to or subsequently
recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of
redemption in and to said mortgaged premises;
(c) That the said mortgaged premises, or such part thereof as may be necessary to
raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and
disbursements, together with any monies advanced and paid, may be decreed to be sold according
to law;
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(d) That out of the monies arising from the sale thereof, the plaintiff may be paid the
amounts then due on said bond/note and Home Equity Conversion Mortgage and agreement and
any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as
herein set forth, with interest upon said amounts from the dates of the respective payments and
advances thereof, the costs and expenses of this action, additional allowance, if any, and
reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far
as the amount of such money properly applicable thereto will pay the same;
(e) That either or any of the parties to this action may become a purchaser upon such
sale;
(f) That this Court forthwith appoint a Receiver of the rents and profits of said
premises with the usual powers and duties;
(g) That the United States of America shall have the right of redemption, if
applicable;
(h) That the plaintiff may have such other or further relief, or both, in the premises as
may be just and equitable.
(i) That this Court order, prior to the entry of the Judgment of Foreclosure and Sale,
that the Mortgage and any necessary loan documents related to such mortgage be reformed by
including therein the Intended Mortgage Premise, which is the legal description;
(j) That this Court, direct the Queens County Clerk to note the reformation of the
legal description within the original recorded mortgage. A copy of the Intended Mortgage
premise is attached hereto as “Schedule E” and made a part hereof.
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SCHEDULE A – DEFENDANTS
DEFENDANTS CAPACITY
Lillian Scalone a/k/a Lillian T. Scalone Owner of record and original obligor under the
55-10 103rd Street Note secured by the Mortgage recorded on
Corona, NY 11368 March 16, 2011, in CRFN 2011000094866,
being foreclosed herein.
“JOHN DOE” Said name being fictitious, it being the
intention of Plaintiff to designate any and all
occupants, tenants, persons or corporations, if
any, having or claiming an interest in or lien
upon the premises being foreclosed herein.
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SCHEDULE B – DEFENDANTS
DEFENDANTS CAPACITY
The United States of America acting through Subordinate mortgagee by virtue of a Mortgage
The Secretary of Housing and Urban recorded on March 16, 2011 in CRFN
Development 2011000094867 of Mortgages.
451 Seventh Street SW
Washington, DC 20410
City of New York Environmental Control To cut off any possible liens filed by the
Board Environmental Control Board with the Clerk of
100 Church Street Queens County.
New York, NY 10007
City of New York Parking Violations Bureau To cut off any possible liens filed by the New
100 Church Street York City Parking Violations Bureau with the
New York, NY 10007 Clerk of Queens County.
City of New York Transit Adjudication Bureau To cut off any possible liens filed by the
130 Livingston Street Transit Adjudication Bureau with the Clerk of
Brooklyn, NY 11201 Queens County.
SCHEDULE C
MORTGAGE INFORMATION
1. Original Amount of Bond/Note/
Home Equity Conversion Loan Agreement $938,250.00
2. Default date January 21, 2015
AMOUNT DUE
3. Principal balance owing $474,076.15
4. Interest pursuant to the terms of the Note To Be Calculated at Judgment
5. Interest Rate at time of Default Date 2.354%
6. Advanced by Plaintiff To Be Calculated at Judgment
* Interest will continue to accrue pursuant to the terms of the note and Home Equity Conversion
Agreement contract rate, until a Judgment of Foreclosure and Sale has been entered in the
proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate
of 9.00%.
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SCHEDULE D
NONE
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SCHEDULE E
Intended Legal Description
ALL that certain lot, piece or parcel of land with the buildings and improvements thereon,
situate, lying and being in the Second Ward, Borough of Queens, County of Queens, City and
State of New York, known and designated as and by the lot No. 171 and the easterly half of lot
No. 170 as shown on a certain map filed in the Office of the Clerk of the County of Queens,
entitled "Map of Property belonging to the Shpoler Realty Company situate in Corona, Second
Ward, Borough of Queens, City of New York, surveyed July 1905 byWalter I. Brown, C.E. and
City Surveyor, Elmhurst, New York" and filed in the Office of the Clerk of the County of
Queens on May 15, 1906, said plot being bounded and described as follows:
BEGINNING at a point on the southerly side of 103rd Street (formerly Rapelje Avenue) distant
one hundred (100) feet westerly from the corner formed by the intersection of the southerly side
of 103rd Street with the westerly side of Martense Avenue (formerly Shpoler Avenue); running
thence southerly parallel with the westerly side of Martense Avenue ninety-four (94) feet, six
and five-eighths (6-5/8) inches; thence westerly and parallel with the southerly side of 103rd
Street thirty (30) feet; thence northerly and parallel with the westerly side of Martense Avenue
ninety-four (94) feet, six and five-eighths (6-5/8) inches to the southerly side of 103rd Street;
thence easterly along the said southerly side of 103rd Street thirty (30) feet to the point or place
of beginning.
SAID premises being known as and by the street number 55-10 and rear 55-10 103rd Street,
Corona, New York.
TOGETHER with an easement for ingress and egress in, upon and over a strip of land four and
one-half (4-1/2) feet wide immediately adjoining the hereby granted premises on the west and
extending in depth southerly from the southerly side of 103rd Street approximately sixty (60)
feet to the rear foundation of the building now standing on said premises adjoining the hereby
granted premises on the west as fully set forth in a certain agreement dated August 31, 1914 and
recorded in the Office of the Clerk of the County of Queens (now Register) in Liber 1963 of
Conveyances, Page 272, on September 1, 1914.
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Preview
FILED: QUEENS COUNTY CLERK 07/07/2015 04:06 PM INDEX NO. 707075/2015 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 07/07/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS MORTGAGE FORECLOSURE Wells Fargo Bank, N.A., COMPLAINT Plaintiff, Index No. _______________ -against- Date Filed:______________ Lillian Scalone a/k/a Lillian T. Scalone; The United States of America acting through The Secretary of Housing and Urban Development; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau, "JOHN DOE", said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the defendants above named, and for its cause of action, alleges that: First: The Plaintiff herein, at all times hereinafter mentioned was and still is a duly authorized National Association and having an office c/o 3476 Stateview Blvd, MAC# X7801-013, Fort Mill, South Carolina 29715. PLAINTIFF FURTHER ALLEGES UPON INFORMATION AND BELIEF Second: The defendants set forth in Schedule "A" own real property or have a place of business at the address set forth therein and are made defendants in this action in the capacities therein alleged and for the purpose of foreclosing and extinguishing any other right, title or interest said defendants may have in the subject premises. 15-043748 Third: The United States of America, The People of the State of New York, The State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York and all other agencies or instrumentalities of the Federal, State or local government (by whatever name designated) if made parties to this action and if appearing in Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for no other reason. Fourth: Heretofore, the defendant(s), Lillian Scalone, for the purpose of securing to Wells Fargo Bank, N.A., its successors and assigns, duly made a certain adjustable or fixed rate note (Home Equity Conversion instrument), wherein and whereby they bound themselves, their heirs, executors, administrators and assigns, and each and every one of them, jointly and severally, in the amount of said sum of money, all as more fully appears together with the terms of repayment of said sum or rights of Wells Fargo Bank, N.A., its successors and assigns, in said bond, note or other instrument, a copy of which is attached hereto and made a part hereof. Fifth: As security for the payment of said indebtedness, a Home Equity Conversion Mortgage was executed in the sum of $938,250.00, acknowledged and delivered to Wells Fargo Bank, N.A. recorded in the Queens County Office of the City Register on March 16, 2011, in CRFN 2011000094866, wherein and whereby the mortgagor(s) named therein mortgaged, bargained, granted an interest in and/or sold to the mortgagee, its successors and assigns, the premises more particularly described therein, hereinafter called "mortgaged premises", under certain conditions with rights, duties and privileges between or among them as more fully appears in said mortgage, a copy of which is attached hereto and made a part hereof. 15-043748 Sixth: Heretofore, the defendant(s), Lillian Scalone, also executed a Home Equity Conversion Loan Agreement, more commonly known as a “Reverse Mortgage Agreement”, which required the lender to pay the sums secured by the Home Equity Conversion Mortgage on a periodic basis, instead of in one lump sum at the time the loan documents were executed. The Home Equity Conversion Mortgage and Agreement provided that the Lender may require immediate payment in full of all sums secured if Lillian Scalone ceases to occupy the subject premises as her principal residence. In this case the 30 Day Repayment Demand for Non-Occupancy was dated and mailed April 21, 2015. Seventh: The Plaintiff is the current owner and holder of the subject Home Equity Conversion Mortgage and Note and therefore has the authority to institute a mortgage foreclosure action. Eighth: The Home Equity Conversion Mortgage was duly recorded and the mortgage tax due thereon was duly paid on the recorded instrument in the proper County Clerk's Office at the place and time which appears thereon. Ninth: Although Plaintiff advanced the monies required pursuant to the Home Equity Conversion Loan Mortgage and Agreement, Lillian Scalone has/have failed and neglected to comply with the conditions of the Home Equity Conversion Mortgage, Agreement and note by omitting and failing to comply with the terms and provisions of the said instruments to either occupy the subject premises or to pay the balance due upon expiration period of notice of default for non-occupancy. The default has continued beyond the applicable grace period set forth in the Note, Home Equity Conversion Mortgage and Agreement and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and payable the entire unpaid balance. 15-043748 Tenth: By reason of the foregoing, there is now due and owing to the plaintiff upon said Note, Home Equity Conversion Mortgage and Agreement, the unpaid principal balance set forth in Schedule C, and such other fees, costs, late charges, and interest, the amount of which will be determined by the Court. Eleventh: The Home Equity Conversion Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. Twelfth: The Plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment or performance, after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Home Equity Conversion Mortgage and Agreement and occurring prior to the discontinuance of this action are fully paid and cured. Thirteenth: Pursuant to the Fair Debt Collection Practices Act, this action may be deemed to be an attempt to collect a debt, on behalf of Plaintiff. Any information obtained as a result of this action will be used for that purpose. Fourteenth: If the subject Note and Home Equity Conversion Mortgage fall within the prescribed definition of a subprime home loan or high-cost home loan as identified under section six-l or six-m of the New York State Banking Law, then Plaintiff has complied with all the provisions of section five-hundred ninety-five of the New York State Banking Law and any rules and regulations promulgated thereunder, section six-l or six-m of the New York State Banking Law and section thirteen hundred four of New York State Real Property Actions and Proceedings Law (RPAPL). 15-043748 Fifteenth: Plaintiff has complied with RPAPL § 1306 as the provisions contained in RPAPL § 1304 are inapplicable to this action, and therefore, the filing requirements set forth in RPAPL § 1306 are unnecessary. Sixteenth: Upon review of the Mortgage being foreclosed herein, it was determined that the said legal description was omitted, and the mortgage and any necessary loan documents related to such mortgage, should be reformed by including the legal description (hereinafter referred to as “Intended Mortgage Premise”), a copy of which is annexed hereto as “Schedule E”. WHEREFORE, plaintiff demands judgment: (a) Adjudging and decreeing the amounts due the plaintiff for principal, interest, costs, and reasonable attorney's fees, if and as provided for in the said mortgage; (b) That the defendants and all persons claiming by, through or under them, or either or any of them, subsequent to the commencement of this action and every other person or corporation whose right, title conveyance or encumbrance is subsequent to or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, or interest, or equity of redemption in and to said mortgaged premises; (c) That the said mortgaged premises, or such part thereof as may be necessary to raise the amounts then due for principal, interest, costs, reasonable attorney's fees, allowances and disbursements, together with any monies advanced and paid, may be decreed to be sold according to law; 15-043748 (d) That out of the monies arising from the sale thereof, the plaintiff may be paid the amounts then due on said bond/note and Home Equity Conversion Mortgage and agreement and any sum which may have been paid by the plaintiff to protect the lien of plaintiff's mortgage as herein set forth, with interest upon said amounts from the dates of the respective payments and advances thereof, the costs and expenses of this action, additional allowance, if any, and reasonable attorney's fees, if and as provided for in the mortgage, rider or other agreement, so far as the amount of such money properly applicable thereto will pay the same; (e) That either or any of the parties to this action may become a purchaser upon such sale; (f) That this Court forthwith appoint a Receiver of the rents and profits of said premises with the usual powers and duties; (g) That the United States of America shall have the right of redemption, if applicable; (h) That the plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. (i) That this Court order, prior to the entry of the Judgment of Foreclosure and Sale, that the Mortgage and any necessary loan documents related to such mortgage be reformed by including therein the Intended Mortgage Premise, which is the legal description; (j) That this Court, direct the Queens County Clerk to note the reformation of the legal description within the original recorded mortgage. A copy of the Intended Mortgage premise is attached hereto as “Schedule E” and made a part hereof. 15-043748 SCHEDULE A – DEFENDANTS DEFENDANTS CAPACITY Lillian Scalone a/k/a Lillian T. Scalone Owner of record and original obligor under the 55-10 103rd Street Note secured by the Mortgage recorded on Corona, NY 11368 March 16, 2011, in CRFN 2011000094866, being foreclosed herein. “JOHN DOE” Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein. 15-043748 SCHEDULE B – DEFENDANTS DEFENDANTS CAPACITY The United States of America acting through Subordinate mortgagee by virtue of a Mortgage The Secretary of Housing and Urban recorded on March 16, 2011 in CRFN Development 2011000094867 of Mortgages. 451 Seventh Street SW Washington, DC 20410 City of New York Environmental Control To cut off any possible liens filed by the Board Environmental Control Board with the Clerk of 100 Church Street Queens County. New York, NY 10007 City of New York Parking Violations Bureau To cut off any possible liens filed by the New 100 Church Street York City Parking Violations Bureau with the New York, NY 10007 Clerk of Queens County. City of New York Transit Adjudication Bureau To cut off any possible liens filed by the 130 Livingston Street Transit Adjudication Bureau with the Clerk of Brooklyn, NY 11201 Queens County. SCHEDULE C MORTGAGE INFORMATION 1. Original Amount of Bond/Note/ Home Equity Conversion Loan Agreement $938,250.00 2. Default date January 21, 2015 AMOUNT DUE 3. Principal balance owing $474,076.15 4. Interest pursuant to the terms of the Note To Be Calculated at Judgment 5. Interest Rate at time of Default Date 2.354% 6. Advanced by Plaintiff To Be Calculated at Judgment * Interest will continue to accrue pursuant to the terms of the note and Home Equity Conversion Agreement contract rate, until a Judgment of Foreclosure and Sale has been entered in the proper County Clerk’s Office, at which time the interest rate will be calculated at the legal rate of 9.00%. 15-043748 SCHEDULE D NONE 15-043748 SCHEDULE E Intended Legal Description ALL that certain lot, piece or parcel of land with the buildings and improvements thereon, situate, lying and being in the Second Ward, Borough of Queens, County of Queens, City and State of New York, known and designated as and by the lot No. 171 and the easterly half of lot No. 170 as shown on a certain map filed in the Office of the Clerk of the County of Queens, entitled "Map of Property belonging to the Shpoler Realty Company situate in Corona, Second Ward, Borough of Queens, City of New York, surveyed July 1905 byWalter I. Brown, C.E. and City Surveyor, Elmhurst, New York" and filed in the Office of the Clerk of the County of Queens on May 15, 1906, said plot being bounded and described as follows: BEGINNING at a point on the southerly side of 103rd Street (formerly Rapelje Avenue) distant one hundred (100) feet westerly from the corner formed by the intersection of the southerly side of 103rd Street with the westerly side of Martense Avenue (formerly Shpoler Avenue); running thence southerly parallel with the westerly side of Martense Avenue ninety-four (94) feet, six and five-eighths (6-5/8) inches; thence westerly and parallel with the southerly side of 103rd Street thirty (30) feet; thence northerly and parallel with the westerly side of Martense Avenue ninety-four (94) feet, six and five-eighths (6-5/8) inches to the southerly side of 103rd Street; thence easterly along the said southerly side of 103rd Street thirty (30) feet to the point or place of beginning. SAID premises being known as and by the street number 55-10 and rear 55-10 103rd Street, Corona, New York. TOGETHER with an easement for ingress and egress in, upon and over a strip of land four and one-half (4-1/2) feet wide immediately adjoining the hereby granted premises on the west and extending in depth southerly from the southerly side of 103rd Street approximately sixty (60) feet to the rear foundation of the building now standing on said premises adjoining the hereby granted premises on the west as fully set forth in a certain agreement dated August 31, 1914 and recorded in the Office of the Clerk of the County of Queens (now Register) in Liber 1963 of Conveyances, Page 272, on September 1, 1914. 15-043748