Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK DPSl893861
- --- - --- --- - --------- --- - - -- -- - -- - - -- - - 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. AFFIDAVIT IN
100", inclusive, the names of the last 100 defendants, SUPPORT OF
being fictitious, the true names of said defendants MOTION FOR
being unknown to plaintiffs, itbeing intended to DEFAULT JUDGMEMT
designate fee owners, tenants, or occupants of the AND ORDER OF
liened premises and/or persons or parties having or REFERENCE
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,
by through, or against said defendants named as a
class, of any right, title or interest in or lien upon the
premises described in the complaint herein,
Defendants.
---- ---------- - ------ -- -- --- -- - --- - -- - -X
COMMONWEALTH OF VIRGINIA )
) SS.:
COUNTY OF FAIRFAX )
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020
JOSEPH SMITH, being duly sworn, hereby deposes and says:
1. I am an Asset Manager of MTAG Services, LLC, the servicer of the tax lien for
the plaintiffs NYCTL 1998-2 Trust and The Bank of New York Mellon as Collateral Agent and
Custodian for the NYCTL 1998-2 Trust (collectively, the "Plaintiffs") and attorney-in-fact of
Plaintiffs as shown by the copy of the Power of Attorney annexed hereto as Exhibit A. I make
Plaintiffs'
this affidavit in support of the motion for an order: (i)discontinuing this action against
1"
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. Kim; The City of
New York - Violations The of New York - EnvironmenM Control
Parking Bureau; City Board;
The of New York - Transit Adjudication Bureau and The Board of Managers of 325 Fifth
City
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.
2. This is an action for full foreclosure of real estate tax lien assigned to the
Plaintiffs.
3. Plaintiffs are the holders of certain tax and other City of New York liens (the "Tax
Lien") as evidenced by a certain Tax Lien Certificate No. 1A dated August 16, 2018, recorded on
August 23, 2018 as CRFN 2018000284174 (the "Certificate") in the Office of the City Register
of New York County (the "Register's Office"). Copies of the pages of the Certificate relevant to
this action are annexed hereto as Exhibit B and made a part hereof.
4. The Tax Lien encumbers certain premises (the "Property"), as more fully
described in Schedule A to the Complaint herein, and are known as Block 862, Lot 1221 on the
tax map of the New York County, having a street address of 321/329 Fifth Avenue, (a/k/a 4/8
33rd
East Street), Unit S19, New York, New York 10016.
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FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020
5. The Certificate provides, among other things, that the Plaintiffs received from the
City of New York:
[A]ll of the City's right, titleand interest in and to all real property taxes,
assessments, sewer rents, sewer surcharges, water rents and any other City
charges that, (A) prior to May 29, 2018, in the case of sewer rents, sewer
"CIS"
surcharges and water rents listed under the heading on Schedule A hereto,
and (B) prior to May 18, 2018, in the case of all real property taxes, assessments
and all other City charges, including sewer rents, sewer surcharges and water
"Environ"
rents listed under the heading on Schedule A hereto (each such date, a
"Sale Date"), have become a lien against those certain parcels of real property
(each, a "Property") located in the Borough of Manhattan, County of New York
and listed on Schedule A hereto by block and lot number, plus all interest and
penalties accrued thereon to the applicable Sale Date, plus (except in the case of
Properties as to which the owners thereof were subject to bankruptcy proceedings
on the applicable Sale Date ("Bankruptcy Tax Liens")) costs of advertisements
and notices of sale and a surcharge equal to five percent (5%) of the sum of all
such amounts (all such amounts with respect to a Property, including costs of
advertisements and notices of sale and the surcharge if any, collectively a "Tax
Lien"), in the total amount (the "Tax Lien Principal Balance") set forth with
respect to each Property on Schedule A hereto, plus interest accruing thereon
from the applicable Sale Date at the rate of six percent (6%) per annum,
compounded daily, for Properties with an actual assessed value of $250,000 or
less and eighteen percent (18%) per annum, compounded daily, for Properties
with an actual assessed value greater than $250,000 . ..
6. Plaintiffs are entitled to foreclosure of the Tax Lien, pursuant to the Certificate
and Sections 11-332 and 11-335 of the Administrative Code of the City of New York because
Chong Sang Kim, Lisa S. Kim and Sonia S. Kim, the fee owners of the Property, have failed to
pay the semi-annual interest which has accrued on the tax lien balance more than six months
Date"
after the "Sale of the Tax Lien, May 18 or 29, 2018.
7. By reason of these defaults, the Plaintiffs elected that the Tax Lien be due and
payable and that there isjustly due and owing to Plaintiffs under the Certificate the tax lien
balance of $1,927.59 with interest thereon at the rate of six percent (6%) per annum compounded
daily from May 29, 2018, in the case of sewer rents, sewer surcharges and water rents listed
"CIS"
under the heading on Schedule A thereto, and from May 18, 2018, in the case of all real
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020
property taxes, assessments and all other City charges, including sewer taxes, sewer surcharges
and water rents listed under the heading "Environ") on Schedule A thereto (each such date a
"Sale Date"), and all real property taxes, assessments and any other City charges, as well as its
attorneys'
fees for maintaining this action pursuant to Section 11-335 of the Administrative
Code.
Statements Pursuant to the
October 2010 Administrative Order of
The Chief Administrative Judge of the
Courts of New York
8. I have performed the following actions in order to confirm the truth and veracity
of the statements made herein. This review is based upon my access to records relating to the
Tax Lien:
a. I have confirmed that any notice of default, if required, was properly sent;
b. I have reviewed the summons and complaint herein to confirm the factual
accuracy of the identity of the Plaintiff, the defaults and the amounts claimed to be due the
Plaintiff;
c. I have confirmed that the affidavits executed and submitted by the
Plaintiff together with this application have been personally reviewed by the signatory;
d. I have confirmed that the notary acknowledging the affiant's signature
followed applicable law in notarizing the affiant's signature.
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FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020
Plaintiffs'
9. Accordingly, itis respectfully requested that this Court grant the
1"
motion for an order: (i) discontinuing this action against defendants "John Doe No. through
"John Doe No. 100", inclusive; (ii)granting Plaintiffs default judgment against defendants
Lisa S. Sonia S. The of New York - Violations
Chong Sang Kim; Kim; Kim; City Parking
The of New York - Environmental Control The of New York - Transit
Bureau; City Board; City
Adjudication Bureau and The 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.
OSÉPH SMITH oniH n,,,,
sTRATIO9NNO.
EXptRES
COM
g8/31/2023
COMMONWEALTH OF VIRGINIA )
) ss.: O
COUNTY OF FAIRFAX )
On 6
the day of 00 rA( , 2020 before me, the undersigned, personally
appeared Joseph Smith, personally own 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(s), or the person upon behalf of which the individual acted, executed the instrument.
ON NO Notary Public
08/31 2023
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Preview
FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK DPSl893861 - --- - --- --- - --------- --- - - -- -- - -- - - -- - - 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. AFFIDAVIT IN 100", inclusive, the names of the last 100 defendants, SUPPORT OF being fictitious, the true names of said defendants MOTION FOR being unknown to plaintiffs, itbeing intended to DEFAULT JUDGMEMT designate fee owners, tenants, or occupants of the AND ORDER OF liened premises and/or persons or parties having or REFERENCE 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, by through, or against said defendants named as a class, of any right, title or interest in or lien upon the premises described in the complaint herein, Defendants. ---- ---------- - ------ -- -- --- -- - --- - -- - -X COMMONWEALTH OF VIRGINIA ) ) SS.: COUNTY OF FAIRFAX ) 1 1 of 5 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020 JOSEPH SMITH, being duly sworn, hereby deposes and says: 1. I am an Asset Manager of MTAG Services, LLC, the servicer of the tax lien for the plaintiffs NYCTL 1998-2 Trust and The Bank of New York Mellon as Collateral Agent and Custodian for the NYCTL 1998-2 Trust (collectively, the "Plaintiffs") and attorney-in-fact of Plaintiffs as shown by the copy of the Power of Attorney annexed hereto as Exhibit A. I make Plaintiffs' this affidavit in support of the motion for an order: (i)discontinuing this action against 1" 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. Kim; The City of New York - Violations The of New York - EnvironmenM Control Parking Bureau; City Board; The of New York - Transit Adjudication Bureau and The Board of Managers of 325 Fifth City 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. 2. This is an action for full foreclosure of real estate tax lien assigned to the Plaintiffs. 3. Plaintiffs are the holders of certain tax and other City of New York liens (the "Tax Lien") as evidenced by a certain Tax Lien Certificate No. 1A dated August 16, 2018, recorded on August 23, 2018 as CRFN 2018000284174 (the "Certificate") in the Office of the City Register of New York County (the "Register's Office"). Copies of the pages of the Certificate relevant to this action are annexed hereto as Exhibit B and made a part hereof. 4. The Tax Lien encumbers certain premises (the "Property"), as more fully described in Schedule A to the Complaint herein, and are known as Block 862, Lot 1221 on the tax map of the New York County, having a street address of 321/329 Fifth Avenue, (a/k/a 4/8 33rd East Street), Unit S19, New York, New York 10016. 2 2 of 5 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020 5. The Certificate provides, among other things, that the Plaintiffs received from the City of New York: [A]ll of the City's right, titleand interest in and to all real property taxes, assessments, sewer rents, sewer surcharges, water rents and any other City charges that, (A) prior to May 29, 2018, in the case of sewer rents, sewer "CIS" surcharges and water rents listed under the heading on Schedule A hereto, and (B) prior to May 18, 2018, in the case of all real property taxes, assessments and all other City charges, including sewer rents, sewer surcharges and water "Environ" rents listed under the heading on Schedule A hereto (each such date, a "Sale Date"), have become a lien against those certain parcels of real property (each, a "Property") located in the Borough of Manhattan, County of New York and listed on Schedule A hereto by block and lot number, plus all interest and penalties accrued thereon to the applicable Sale Date, plus (except in the case of Properties as to which the owners thereof were subject to bankruptcy proceedings on the applicable Sale Date ("Bankruptcy Tax Liens")) costs of advertisements and notices of sale and a surcharge equal to five percent (5%) of the sum of all such amounts (all such amounts with respect to a Property, including costs of advertisements and notices of sale and the surcharge if any, collectively a "Tax Lien"), in the total amount (the "Tax Lien Principal Balance") set forth with respect to each Property on Schedule A hereto, plus interest accruing thereon from the applicable Sale Date at the rate of six percent (6%) per annum, compounded daily, for Properties with an actual assessed value of $250,000 or less and eighteen percent (18%) per annum, compounded daily, for Properties with an actual assessed value greater than $250,000 . .. 6. Plaintiffs are entitled to foreclosure of the Tax Lien, pursuant to the Certificate and Sections 11-332 and 11-335 of the Administrative Code of the City of New York because Chong Sang Kim, Lisa S. Kim and Sonia S. Kim, the fee owners of the Property, have failed to pay the semi-annual interest which has accrued on the tax lien balance more than six months Date" after the "Sale of the Tax Lien, May 18 or 29, 2018. 7. By reason of these defaults, the Plaintiffs elected that the Tax Lien be due and payable and that there isjustly due and owing to Plaintiffs under the Certificate the tax lien balance of $1,927.59 with interest thereon at the rate of six percent (6%) per annum compounded daily from May 29, 2018, in the case of sewer rents, sewer surcharges and water rents listed "CIS" under the heading on Schedule A thereto, and from May 18, 2018, in the case of all real 3 3 of 5 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020 property taxes, assessments and all other City charges, including sewer taxes, sewer surcharges and water rents listed under the heading "Environ") on Schedule A thereto (each such date a "Sale Date"), and all real property taxes, assessments and any other City charges, as well as its attorneys' fees for maintaining this action pursuant to Section 11-335 of the Administrative Code. Statements Pursuant to the October 2010 Administrative Order of The Chief Administrative Judge of the Courts of New York 8. I have performed the following actions in order to confirm the truth and veracity of the statements made herein. This review is based upon my access to records relating to the Tax Lien: a. I have confirmed that any notice of default, if required, was properly sent; b. I have reviewed the summons and complaint herein to confirm the factual accuracy of the identity of the Plaintiff, the defaults and the amounts claimed to be due the Plaintiff; c. I have confirmed that the affidavits executed and submitted by the Plaintiff together with this application have been personally reviewed by the signatory; d. I have confirmed that the notary acknowledging the affiant's signature followed applicable law in notarizing the affiant's signature. 4 4 of 5 FILED: NEW YORK COUNTY CLERK 02/07/2020 11:58 AM INDEX NO. 156983/2019 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/07/2020 Plaintiffs' 9. Accordingly, itis respectfully requested that this Court grant the 1" motion for an order: (i) discontinuing this action against defendants "John Doe No. through "John Doe No. 100", inclusive; (ii)granting Plaintiffs default judgment against defendants Lisa S. Sonia S. The of New York - Violations Chong Sang Kim; Kim; Kim; City Parking The of New York - Environmental Control The of New York - Transit Bureau; City Board; City Adjudication Bureau and The 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. OSÉPH SMITH oniH n,,,, sTRATIO9NNO. EXptRES COM g8/31/2023 COMMONWEALTH OF VIRGINIA ) ) ss.: O COUNTY OF FAIRFAX ) On 6 the day of 00 rA( , 2020 before me, the undersigned, personally appeared Joseph Smith, personally own 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(s), or the person upon behalf of which the individual acted, executed the instrument. ON NO Notary Public 08/31 2023 5 5 of 5