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QU OUN kK DIV INDEX NO. 707017/2015
) 08 OU
NYSCEF BOC. NO. 10 RECEIVED NYSCEF 08/18/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
woe: --X
ARNOLD GLEITMAN and SALA FAIWL GLEITMAN,
Plaintiffs, NOTICE OF MOTION FOR
CHANGE OF VENUE
-against-
Index #: 707017/15
SILVER GATE OWNERS CORP., AMELIA SHAW,
GREG LINDER, SHOSHANA WAHOLDER, Centralized Motion Part
CHAIM BINSON, JEFF RADUS and JULIE (CMP)
DANCOUR,
Return Date 9/17/15
Defendants.
none nce eee ee een nnn nnn nnn eee n ee nn ene nm nen ene
PLEASE TAKE NOTICE, that upon the Affirmation of AG. CHANCELLOR, III,
Esq., dated August 18, 2015, and upon the pleadings and all proceedings heretofore
had herein, the undersigned will move this Court in the Centralized Motion Part (CMP),
Room 25, of the Courthouse located at 88-11 Sutphin Blvd, Jamaica, New York on the
17" day of September, 2015 at 2:15 p.m. in the afternoon of that day or soon thereafter
as counsel can be heard on behalf of defendants, SILVER GATE OWNERS CORP.,
AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF
RADUS and JULIE DANDOUR for:
(1) an Order pursuant to CPLR §514(a)(b);
(2) an Order pursuant to CPLR §507 changing the venue of this action
from the Supreme Court, Queens County where it has been improperly
placed, to the Supreme Court, Sullivan County, where the cause of
action arose and judgment in this action would affect the title to, or the
possession, use or enjoyment of, real property. Therefore, pursuant to
CPLR §507, this action must be in the County in which the property
which is the subject of the action is situated
(3) an Order directing the clerk to transfer the file accordingly; and
(4) an Order for such other and further relief as this Court deems just,
proper and equitable
The above entitled action affects title to, or the possession, use or enjoyment of,
real property.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering
affidavits, if any, are required to be served upon the undersigned at least seven (7) days
priorto the return date of the Motion
Dated: Melville, NY
August 18, 2015
Yours, etc
Tromello, McDonnell & Kehoe
Attorneys for Defendant
SILVER GATE OWNER'S CORP, AMELIA
SHAW, GREG LINDER, SHOSHANA WAHOLDER
CHAIM BINSON, JEFF RADUS AND JULIE
DANCOUR
395 North Service Road
Melville, NY 11747
(631)577-2400
(eal ile No.: 114 3161
By: (¢@e=
A.G. CHANCELLOR, II!
To
Law Offices of Howard M. File, P.C.
Attorneys for Plaintiffs
260 Christopher Lane, Suite 102
Staten Island, NY 10314
718-494-8800
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
aan.
ARNOLD GLEITMAN and SALA FAIWL GLEITMAN,
Plaintiffs, ATTORNEY’S AFFIRMATION
-against-
SILVER GATE OWNERS CORP., AMELIA SHAW,
GREG LINDER, SHOSHANA WAHOLDER,
CHAIM BINSON, JEFF RADUS and JULIE
DANCOUR,
Defendants.
wenn nnn teen nen nen eee ene enn ene eee ee eee
A.G, CHANCELLOR Ill, an attorney duly admitted to practice Jaw before the
Courts of the State of New York, hereby affirms the following statements are true under
the penalties of perjury pursuant to CPLR Rule 2106:
4
| am associated with the law office of TROMELLO, MCDONNELL & KEHOE,
attorneys for the defendants, SILVER GATE OWNERS CORP, AMELIA SHAW, GREG
LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF RADUS AND JULIE
DANCOUR (hereinafter collectively referred to as “SILVER GATE") and as such, | am
fully familiar with all of the facts and circumstances surrounding the instant matter based
upon my review of the contents of the fite maintained by this office.
2. This Affirmation is submitted in support of the within Motion which seeks an
Order pursuant to CPLR §511(a)(b) and CPLR §507 changing venue of this action from
the Supreme Court, Queens County, where it has been improperly placed to the
Supreme Court, Sullivan County, where the cause of action arose and judgment in this
action would affect the title to, or the possession, use or enjoyment of, real property.
Therefore, pursuant to CPLR §507 this action must be in Sullivan County, the County in
which the property is situated.
3. This action concerns land and buildings owned by defendant SILVER GATE
in the County of Sullivan, Town of South Fallsburg and known as Silver Gate Estates
and by the address, Route 42, South Fallsburg, New York. Please refer to paragraphs
1-20 of the Complaint. (Please find a copy of the Summons and Complaint annexed
hereto as Exhibit “A”).
4. Plaintiffs commenced this action by the filing of a Summons and Complaint on
or about July 14, 2015. (A copy of which is annexed hereto as Exhibit “A).
5. Issue was joined by the service of an Answer on behalf of SILVER GATE on
August 11, 2015. (Please find a copy of SILVER GATE’s Answer annexed hereto as
Exhibit “B").
6. SILVER GATE served its Demand for Change of Venue along with its Answer
on August 11, 2015. (Please find a copy of the Demand for Change of Venue annexed
hereto as Exhibit “C’).
7. SILVER GATE submits that pursuant to CPLR §511(a)(b) and CPLR §507,
the proper venue for this action is Sullivan County, the place where the real property
which is the subject of this action is located, and now moves this Court pursuant to
CPLR §511(a)(b) and CPLR §507 to change venue from Queens County to Sullivan
County.
8. CPLR §511 provides in pertinent part that:
(a). Time for motion or demand. A demand under subdivision (b)
for change of place of trial on the ground that the county
designated for that purpose is not a proper county shall
be served with the answer or before the answer is
served
(b). Demand for change of place and trial upon ground
of improper venue, where motion made. The defendant
shall serve a written demand that the action be tried
in the county he specifies as proper. Thereafter the
defendant may move to change the piace of trial within
fifteen days after service of the demand, unless within
five days after such service plaintiff serves a written
consent to change the place of trial as specified by
the defendant.
9. CPLR §507 titled Real Property Actions, states:
The place of trial of an action in which the judgment demanded
would affect the title to or the possession, use or enjoyment
of, real property shall be in the County in which any part of
the subject of the action is situated.
10. An action or proceeding in the Supreme Court to recover or to procure a
judgment affecting title or an interest in realty must be tried within the county where the
subject realty or some part thereof is situated. Diamond v. Papreka, 7 Misc.3d
1006(A}, 801 N.Y.S.2D 232 (Table) April 2005; CPLR §507; Burton v. Ontra, Inc., 167
Misc.2d 977, 978 [1996]. Plaintiffs’ action alleges wrongful eviction and seeks
restoration to premises among other things. Clearly, judgment in this action would affect
title to, or the possession, use or enjoyment of, real property. Therefore, this action must
be transferred from Supreme Court, Queens County to Supreme Court, Sullivan
County, the county in which the property is located.
11. Please find a copy of the papers filed in Sullivan County which led to
plaintiffs’ eviction, judgment and a warrant of possession being granted to SILVER
GATE annexed hereto as Exhibit “D". Clearly, this is a matter concerning real property
which must be heard in the County in which the property is located. The property which
is the subject of this action is in Sullivan County. Therefore, venue must be changed
from Supreme Court, Queens County, to Supreme Court, Sullivan County.
WHEREFORE, it is respectfully requested that this Motion to Change Venue be
granted in its entirety and that the Queens County Clerk's office be directed to transfer
the file from Queens County to Sullivan County and that the Sullivan County, Clerk's
office be directed to issue a new index number without fee; and for such other and
further relief as this Court may deem just, proper and equitable.
Dated: Melville, NY
August 18, 2015
LL
A.G. CHANCELLOR, III
STATE OF NEW YORK )
Ss.
COUNTY OF SUFFOLK )
Priscilla Dolan, being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and resides in Bay Shore,
NY.
On August { ¥ , 2015 deponent served the within Notice of Motion To Change
Venue and Attorney's Affirmation upon:
Law Offices of Howard M. File, P.C.
Attorneys for Plaintiffs
260 Christopher Lane, Suite 102
Staten Island, NY 10314
718-494-8800
the address designated by said attorney(s) for that purpose by depositing a true copy of
same enclosed in a post-paid properly addressed wrapper, in a post office official
depository under the exclusive care and custody of the United States Postal Service
Pareto
within the State of New York.
Dela—
’
Priscilla Dolan
Sworn to fore me on
the day of __ August, 2015.
0. OMe
NOTARY PUBLIC
Cecilia A. Michaels
Notary Public, State of New York
No 8098608
Qualitied in Suffolk County | -
Commission Expires September 15, 20. >
Index No.: TOTOIT/S
_ ne
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
renee ne een ee nen nn enn en ene nee tenn nen een ee
ARNOLD GLEITMAN and SALA FAIWL G rMAN,
Plaintills,
-against-
SILVER GATE OWNERS CORP., AMELIA SIIAW,
GREG LINDER, SHOSHANA WAHOLDER,
CHAIM BINSON, JEFF RADUS and JULIE
DANCOUR,
Detendan
nace nase,
- —
NOTICE OF MOTION
=
TROMELLO, MCDONNELL & KEHOE
Auorneys
for Silver Gate Owner's Corporation
395 North Service Road
Melville, NY 11747
Telephone (631) 577-2400
Fax 631-577-2401
a
Service of a copy of the within
is hereby admitted.
Dated:
Atlomey(s) for
__
PLEASE TAKE NOTICE
{] Novice oF ENTRY
that the within certified) true copy of a
entered in the of fice of the clerk of the within named court on 620
C] NOVICE OF SETTLEMENT.
that an Order of which the within is a true copy will be presented for settlement to the
Hon. one of the judges of the within named Court, at
on .20 at 9:30 am.
Dated: Melville, NY
Tromello, McDonnell & Kehoe
Attorneys for
395 North Service Road
Melville, NY 11747
To:
Altorney(s) for
Preview
QU OUN kK DIV INDEX NO. 707017/2015 ) 08 OU NYSCEF BOC. NO. 10 RECEIVED NYSCEF 08/18/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS woe: --X ARNOLD GLEITMAN and SALA FAIWL GLEITMAN, Plaintiffs, NOTICE OF MOTION FOR CHANGE OF VENUE -against- Index #: 707017/15 SILVER GATE OWNERS CORP., AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER, Centralized Motion Part CHAIM BINSON, JEFF RADUS and JULIE (CMP) DANCOUR, Return Date 9/17/15 Defendants. none nce eee ee een nnn nnn nnn eee n ee nn ene nm nen ene PLEASE TAKE NOTICE, that upon the Affirmation of AG. CHANCELLOR, III, Esq., dated August 18, 2015, and upon the pleadings and all proceedings heretofore had herein, the undersigned will move this Court in the Centralized Motion Part (CMP), Room 25, of the Courthouse located at 88-11 Sutphin Blvd, Jamaica, New York on the 17" day of September, 2015 at 2:15 p.m. in the afternoon of that day or soon thereafter as counsel can be heard on behalf of defendants, SILVER GATE OWNERS CORP., AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF RADUS and JULIE DANDOUR for: (1) an Order pursuant to CPLR §514(a)(b); (2) an Order pursuant to CPLR §507 changing the venue of this action from the Supreme Court, Queens County where it has been improperly placed, to the Supreme Court, Sullivan County, where the cause of action arose and judgment in this action would affect the title to, or the possession, use or enjoyment of, real property. Therefore, pursuant to CPLR §507, this action must be in the County in which the property which is the subject of the action is situated (3) an Order directing the clerk to transfer the file accordingly; and (4) an Order for such other and further relief as this Court deems just, proper and equitable The above entitled action affects title to, or the possession, use or enjoyment of, real property. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR §2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days priorto the return date of the Motion Dated: Melville, NY August 18, 2015 Yours, etc Tromello, McDonnell & Kehoe Attorneys for Defendant SILVER GATE OWNER'S CORP, AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER CHAIM BINSON, JEFF RADUS AND JULIE DANCOUR 395 North Service Road Melville, NY 11747 (631)577-2400 (eal ile No.: 114 3161 By: (¢@e= A.G. CHANCELLOR, II! To Law Offices of Howard M. File, P.C. Attorneys for Plaintiffs 260 Christopher Lane, Suite 102 Staten Island, NY 10314 718-494-8800 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS aan. ARNOLD GLEITMAN and SALA FAIWL GLEITMAN, Plaintiffs, ATTORNEY’S AFFIRMATION -against- SILVER GATE OWNERS CORP., AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF RADUS and JULIE DANCOUR, Defendants. wenn nnn teen nen nen eee ene enn ene eee ee eee A.G, CHANCELLOR Ill, an attorney duly admitted to practice Jaw before the Courts of the State of New York, hereby affirms the following statements are true under the penalties of perjury pursuant to CPLR Rule 2106: 4 | am associated with the law office of TROMELLO, MCDONNELL & KEHOE, attorneys for the defendants, SILVER GATE OWNERS CORP, AMELIA SHAW, GREG LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF RADUS AND JULIE DANCOUR (hereinafter collectively referred to as “SILVER GATE") and as such, | am fully familiar with all of the facts and circumstances surrounding the instant matter based upon my review of the contents of the fite maintained by this office. 2. This Affirmation is submitted in support of the within Motion which seeks an Order pursuant to CPLR §511(a)(b) and CPLR §507 changing venue of this action from the Supreme Court, Queens County, where it has been improperly placed to the Supreme Court, Sullivan County, where the cause of action arose and judgment in this action would affect the title to, or the possession, use or enjoyment of, real property. Therefore, pursuant to CPLR §507 this action must be in Sullivan County, the County in which the property is situated. 3. This action concerns land and buildings owned by defendant SILVER GATE in the County of Sullivan, Town of South Fallsburg and known as Silver Gate Estates and by the address, Route 42, South Fallsburg, New York. Please refer to paragraphs 1-20 of the Complaint. (Please find a copy of the Summons and Complaint annexed hereto as Exhibit “A”). 4. Plaintiffs commenced this action by the filing of a Summons and Complaint on or about July 14, 2015. (A copy of which is annexed hereto as Exhibit “A). 5. Issue was joined by the service of an Answer on behalf of SILVER GATE on August 11, 2015. (Please find a copy of SILVER GATE’s Answer annexed hereto as Exhibit “B"). 6. SILVER GATE served its Demand for Change of Venue along with its Answer on August 11, 2015. (Please find a copy of the Demand for Change of Venue annexed hereto as Exhibit “C’). 7. SILVER GATE submits that pursuant to CPLR §511(a)(b) and CPLR §507, the proper venue for this action is Sullivan County, the place where the real property which is the subject of this action is located, and now moves this Court pursuant to CPLR §511(a)(b) and CPLR §507 to change venue from Queens County to Sullivan County. 8. CPLR §511 provides in pertinent part that: (a). Time for motion or demand. A demand under subdivision (b) for change of place of trial on the ground that the county designated for that purpose is not a proper county shall be served with the answer or before the answer is served (b). Demand for change of place and trial upon ground of improper venue, where motion made. The defendant shall serve a written demand that the action be tried in the county he specifies as proper. Thereafter the defendant may move to change the piace of trial within fifteen days after service of the demand, unless within five days after such service plaintiff serves a written consent to change the place of trial as specified by the defendant. 9. CPLR §507 titled Real Property Actions, states: The place of trial of an action in which the judgment demanded would affect the title to or the possession, use or enjoyment of, real property shall be in the County in which any part of the subject of the action is situated. 10. An action or proceeding in the Supreme Court to recover or to procure a judgment affecting title or an interest in realty must be tried within the county where the subject realty or some part thereof is situated. Diamond v. Papreka, 7 Misc.3d 1006(A}, 801 N.Y.S.2D 232 (Table) April 2005; CPLR §507; Burton v. Ontra, Inc., 167 Misc.2d 977, 978 [1996]. Plaintiffs’ action alleges wrongful eviction and seeks restoration to premises among other things. Clearly, judgment in this action would affect title to, or the possession, use or enjoyment of, real property. Therefore, this action must be transferred from Supreme Court, Queens County to Supreme Court, Sullivan County, the county in which the property is located. 11. Please find a copy of the papers filed in Sullivan County which led to plaintiffs’ eviction, judgment and a warrant of possession being granted to SILVER GATE annexed hereto as Exhibit “D". Clearly, this is a matter concerning real property which must be heard in the County in which the property is located. The property which is the subject of this action is in Sullivan County. Therefore, venue must be changed from Supreme Court, Queens County, to Supreme Court, Sullivan County. WHEREFORE, it is respectfully requested that this Motion to Change Venue be granted in its entirety and that the Queens County Clerk's office be directed to transfer the file from Queens County to Sullivan County and that the Sullivan County, Clerk's office be directed to issue a new index number without fee; and for such other and further relief as this Court may deem just, proper and equitable. Dated: Melville, NY August 18, 2015 LL A.G. CHANCELLOR, III STATE OF NEW YORK ) Ss. COUNTY OF SUFFOLK ) Priscilla Dolan, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in Bay Shore, NY. On August { ¥ , 2015 deponent served the within Notice of Motion To Change Venue and Attorney's Affirmation upon: Law Offices of Howard M. File, P.C. Attorneys for Plaintiffs 260 Christopher Lane, Suite 102 Staten Island, NY 10314 718-494-8800 the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in a post office official depository under the exclusive care and custody of the United States Postal Service Pareto within the State of New York. Dela— ’ Priscilla Dolan Sworn to fore me on the day of __ August, 2015. 0. OMe NOTARY PUBLIC Cecilia A. Michaels Notary Public, State of New York No 8098608 Qualitied in Suffolk County | - Commission Expires September 15, 20. > Index No.: TOTOIT/S _ ne SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS renee ne een ee nen nn enn en ene nee tenn nen een ee ARNOLD GLEITMAN and SALA FAIWL G rMAN, Plaintills, -against- SILVER GATE OWNERS CORP., AMELIA SIIAW, GREG LINDER, SHOSHANA WAHOLDER, CHAIM BINSON, JEFF RADUS and JULIE DANCOUR, Detendan nace nase, - — NOTICE OF MOTION = TROMELLO, MCDONNELL & KEHOE Auorneys for Silver Gate Owner's Corporation 395 North Service Road Melville, NY 11747 Telephone (631) 577-2400 Fax 631-577-2401 a Service of a copy of the within is hereby admitted. Dated: Atlomey(s) for __ PLEASE TAKE NOTICE {] Novice oF ENTRY that the within certified) true copy of a entered in the of fice of the clerk of the within named court on 620 C] NOVICE OF SETTLEMENT. that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, at on .20 at 9:30 am. Dated: Melville, NY Tromello, McDonnell & Kehoe Attorneys for 395 North Service Road Melville, NY 11747 To: Altorney(s) for