Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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NYCTL 1998-2 TRUST and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian Index No. 156983/2019
for the NYCTL 1998-2 Trust,
Plaintiffs,
- against -
CHONG SANG KIM; LISA S. KIM; SONIA S. KIM;
THE CITY OF NEW YORK - PARKING
VIOLATIONS BUREAU; THE CITY OF NEW
YORK - ENVIRONMENTAL CONTROL BOARD;
THE CITY OF NEW YORK - TRANSIT
ADJUDICATION BUREAU; THE BOARD OF
MANAGERS OF THE 325 FIFTH AVENUE
CONDOMINIUM;
1"
and "JOHN DOE No. through "JOHN DOE No. NOTICE OF MOTION
100", inclusive, the names of the last 100 defendants, FOR DEFAULT
being fictitious, the true names of said defendants JUDGMENT AND
being unknown to plaintiffs, itbeing intended to ORDER OF
designate fee owners, tenants, or occupants of the REFERENCE
liened premises and/or persons or parties having or
claiming an interest in or lien upon the liened
premises, ifthe aforesaid individual defendants are
living, and if any or all of said individual defendants
be dead, their heirs at law, next of kin, distributees,
executors, administrators, trustees, committees,
devisees, legatees, and the assignees, lienors,
creditors and successors in interest of them, and
generally all persons having or claiming under, Index No. Purch.
by, through, or against said defendants named as a 07/17/2019
class, of any right, titleor interest in or lien upon the RJI Purch.
premises described in the complaint herein,
Defendants.
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PLEASE TAKE NOTICE THAT, upon the annexed affirmation of David P.
Stich, Esq., attorney for plaintiffs NYCTL 1998-2 Trust and The Bank of New York Mellon as
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FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020
Collateral Agent and Custodian for the NYCTL 1998-2 Trust (collectively, the "Plaintiffs"),
dated February 4, 2020, and the exhibits annexed thereto, and the affidavit of Joseph Smith,
Asset Mañager of MTAG Services, LLC, sworn to January 30, 2020, and the exhibits annexed
thereto; and all the pleadings and proceedings had heretofore herein, Plaintiffs will move this
Court, before a Justice of the Supreme Court to be determined, at the New York County
Courthouse, Room 130, Part 130, New York, New York 10007 on March 17, 2020 at 9:30 in the
foreñooñ of that day or as soon thereafter as counsel can be heard, for an order: (i) discontinuing
1"
this action against defendants "John Doe No. through "John Doe No. 100", inclusive; (ii)
granting Plaintiffs default judgment against defendants Chong Sang Kim; Lisa S. Kim; Sonia S.
The of New York - Violations The of New York -
Kim; City Parking Bureau; City
Environmental Control The of New York - Transit Adjudication Bureau and The
Board; City
Board of Managers of 325 Fifth Avenue Condominium; (iii)appointing a referee to compute the
amounts due to Plaintiffs; and (iv) granting Plaintiffs such other and further relief as this Court
deems just and proper.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering
affidavits, if any, are to be served at least seven (7) days prior to the return date hereof.
Dated: New York, New York
February 4, 2020
DAVID P. STICH, ESQ.
Attorn'ey fofrPlaintiffs
521 Fifth Avenue
17th Floor
New York, New York 10175
(646) 554-4421
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FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020
TO:
Chong Sang Kim
21 West Edsall Avenue
Palisades Park, New Jersey 07650
Lisa S. Kim
63rd
400 West Street
Apt. 1410
New York, New York 10069
Sonia S. Kim
21 West Edsall Avenue
Palisades Park, New Jersey 07650
The City of New York
Parking Violations Bureau
66 John Street
New York, New York 10038
The City of New York
Environmental Control Board
59-17 Junction Blvd.
Elmhurst, New York 11373
The City of New York
Transit Adjudication Bureau
3rd
29 Gallatin Place, FlOOr
Brooklyn, New York 11201
The Board of Managers of the 325 Fifth Avenue Condominium
325 Fifth Avenue
New York, New York 10016
Michele Mirro, Esq.
Office of the Special Assistant Corporation Counsel
375 Pearl Street, Third Floor
New York, New York 10038
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Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - .- - - -- - - _ _ ----- - --------------- - - -- - -- X NYCTL 1998-2 TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian Index No. 156983/2019 for the NYCTL 1998-2 Trust, Plaintiffs, - against - CHONG SANG KIM; LISA S. KIM; SONIA S. KIM; THE CITY OF NEW YORK - PARKING VIOLATIONS BUREAU; THE CITY OF NEW YORK - ENVIRONMENTAL CONTROL BOARD; THE CITY OF NEW YORK - TRANSIT ADJUDICATION BUREAU; THE BOARD OF MANAGERS OF THE 325 FIFTH AVENUE CONDOMINIUM; 1" and "JOHN DOE No. through "JOHN DOE No. NOTICE OF MOTION 100", inclusive, the names of the last 100 defendants, FOR DEFAULT being fictitious, the true names of said defendants JUDGMENT AND being unknown to plaintiffs, itbeing intended to ORDER OF designate fee owners, tenants, or occupants of the REFERENCE liened premises and/or persons or parties having or claiming an interest in or lien upon the liened premises, ifthe aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, Index No. Purch. by, through, or against said defendants named as a 07/17/2019 class, of any right, titleor interest in or lien upon the RJI Purch. premises described in the complaint herein, Defendants. --------------------------- - - -- - ---- - -- X PLEASE TAKE NOTICE THAT, upon the annexed affirmation of David P. Stich, Esq., attorney for plaintiffs NYCTL 1998-2 Trust and The Bank of New York Mellon as 1 1 of 3 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020 Collateral Agent and Custodian for the NYCTL 1998-2 Trust (collectively, the "Plaintiffs"), dated February 4, 2020, and the exhibits annexed thereto, and the affidavit of Joseph Smith, Asset Mañager of MTAG Services, LLC, sworn to January 30, 2020, and the exhibits annexed thereto; and all the pleadings and proceedings had heretofore herein, Plaintiffs will move this Court, before a Justice of the Supreme Court to be determined, at the New York County Courthouse, Room 130, Part 130, New York, New York 10007 on March 17, 2020 at 9:30 in the foreñooñ of that day or as soon thereafter as counsel can be heard, for an order: (i) discontinuing 1" this action against defendants "John Doe No. through "John Doe No. 100", inclusive; (ii) granting Plaintiffs default judgment against defendants Chong Sang Kim; Lisa S. Kim; Sonia S. The of New York - Violations The of New York - Kim; City Parking Bureau; City Environmental Control The of New York - Transit Adjudication Bureau and The Board; City Board of Managers of 325 Fifth Avenue Condominium; (iii)appointing a referee to compute the amounts due to Plaintiffs; and (iv) granting Plaintiffs such other and further relief as this Court deems just and proper. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if any, are to be served at least seven (7) days prior to the return date hereof. Dated: New York, New York February 4, 2020 DAVID P. STICH, ESQ. Attorn'ey fofrPlaintiffs 521 Fifth Avenue 17th Floor New York, New York 10175 (646) 554-4421 2 2 of 3 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 02/07/2020 TO: Chong Sang Kim 21 West Edsall Avenue Palisades Park, New Jersey 07650 Lisa S. Kim 63rd 400 West Street Apt. 1410 New York, New York 10069 Sonia S. Kim 21 West Edsall Avenue Palisades Park, New Jersey 07650 The City of New York Parking Violations Bureau 66 John Street New York, New York 10038 The City of New York Environmental Control Board 59-17 Junction Blvd. Elmhurst, New York 11373 The City of New York Transit Adjudication Bureau 3rd 29 Gallatin Place, FlOOr Brooklyn, New York 11201 The Board of Managers of the 325 Fifth Avenue Condominium 325 Fifth Avenue New York, New York 10016 Michele Mirro, Esq. Office of the Special Assistant Corporation Counsel 375 Pearl Street, Third Floor New York, New York 10038 3 3 of 3