Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NYCTL 2017-A TRUST, and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian for
the NYCTL 2017-A Trust, Index No.:
I
I
Plaintiffs,
I
I
- against - SUMMONS IN
TAX LIEN
48-17 25th AVENUE REALTY LLC, NEW YORK CITY
|,
FORECLOSURE
DEPARTMENT OF FINANCE, NEW YORK STATE |
DEPARTMENT OF TAXATION AND FINANCE, NEW |
YORK CITY ENVIRONMENTAL CONTROL BOARD, |
1"
FLORA CO. and "JOHN DOE No. through "JOHN |,Plaintiffs designate
100" ,'
DOE No. inclusive, the names of the last 100 | QUEENS COUNTY as
defendants being fictitious, the true names of said 'the
, place of trial based
to'
defendants being unknown to plaintiff, itbeing intended to |,onon
the location of the
liened'
designate fee owners, tenants or occupants of the liened | premises herein.
premises and/or persons or parties having or claiming an |
interest in or a lien upon the liened premises, if the |
aforesaid individual defendants are living, and if any or all |i Borough: QUEENS
of said individual defendants be dead, their heirs at law, |i Block: 746
I
next of kin, distributees, executors, administrators, trustees, |i Lot: 92
I
committees, devisees, legatees, and the assignees, lienors,
I
creditors and successors in interest of them, and generally
all persons having or claiming under, by, through, or
against the said defendants named as a class, of any right,
title,or interest in or lien upon the premises described in
the complaint herein,
I
I
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action within
twenty days after the service of this summons, exclusive of the day of service or within thirty days
after service is completed if the summons is not personally delivered to you within the State of
New York. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
Plaintiffs designate QUEENS County as the place of trial. Venue is based upon
Notice of Pendency - 304650.1623
Summons, Complaint,
(11513948:1)
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the county in which the property a lien upon which is being foreclosed is situated.
Dated: New York, New York
March 8, 2018
WINDELS MARX LANE & MITTENDORF
LLP
Attorneys for Plaintiffs
NYCTL 2017-A Tru and The Bank of New York
Mellon as Collate i gent and Custodian for the
'
NYCTL 201 A 1'i..
By:
dichael H. Resnikoff, Esq.
56d'
156 West Street
New York, New York 10019
(212) 237-1102
To:
48-17 25th AVENUE REALTY LLC
48-15 25th Avenue
Astoria, New York 11103
NEW YORK CITY DEPARTMENT OF FINANCE
Correspondence Unit, 66 John Street, 3rd Floor
New York, NY 10038-3735
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE
Franchise Desk Bureau, Building 9, Room 445
Albany, NY 12227
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
1932 Arthur Avenue, 6th Floor
Bronx, New York 10457
FLORA CO., a Partnership
By: Mark Bitter
37-24 24th Street
Long Island City, New York 11101
Notice of Pendency - 304650.1623
Summons, Complaint,
{11513948:1}
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NYCTL 2017-A TRUST, and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian for
the NYCTL 2017-A Trust,
Plaintiffs, Index No.:
- against -
COMPLAINT
48-17 25th AVENUE REALTY LLC, NEW YORK CITY
DEPARTMENT OF FINANCE, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
FLORA CO. and "JOHN DOE No.
1"
through
"JOHN'
"JOHN ,Borough:
Borough: QUEENS
100"
DOE No. inclusive, the names of the last 100 Block: 746
defendants being fictitious, the true names of said Lot: 92
defendants being unknown to plaintiff, itbeing intended to
designate fee owners, tenants or occupants of the liened
premises and/or persons or parties having or claiming an
interest in or a lien upon the liened premises, if the
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 the said defendants named as a class, of any right,
title,or interest in or lien upon the premises described in
the complaint herein,
Defendants.
Plaintiffs, by their attorneys, WINDELS MARX LANE 2 MITTENDORF LLP,
allege on information and belief as follows:
The Parties
1. Plaintiff, NYCTL 2017-A Trust ("NYCTL"), is a Delaware business
trust which was created pursuant to the Declaration and Agreement of Trust between The City
of New York and the Wilmington Trust Company, as Issuer Trustee. NYCTL is authorized to
Summons, Complaint,Notice of Pendency - 304650,1623
(11513948:1)
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purchase, own and manage the collateral of the trust.
2. Plaintiff, The Bank of New York Mellon ("BNY"), as Collateral Agent
and Custodian, is a New York Banking Corporation. BNY is the Collateral Agent and
Custodian for NYCTL, pursuant to an Indenture between NYCTL 2017-A Trust, Issuer,
MTAG Services, LLC, Tower Capital Management, LLC, Servicer, and the Bank of New York
Mellon, Trustee.
3. Plaintiff is the holder of certain tax and other City of New York liens
Lien"
(the "Tax Lien") as evidenced by a certain Tax Lien Certificate 4A, dated August 3, 2017,
"Certificate"
recorded August 15, 2017, CRFN 2017000303430 (the "Certificate") as specifically described
and set forth in Exhibit "A", annexed hereto and incorporated herein by reference.
"Property"
4. The Tax Lien covers certain premises (the "Property"), as fully described
and set forth in Exhibit "B", annexed hereto and incorporated herein by reference and known as
BLOCK 746 LOT 92. The Property also includes all the appurtenances, easements,
improvements, structures, fixtures and other personal property located thereon,
5. Defendant 48-17 25th AVENUE REALTY LLC is a limited liability
company doing business within the State of New York and is the fee owner of the Property.
6. Defendant NEW YORK CITY ENVIRONMENTAL CONTROL
BOARD is named because they have or may claim to have a mortgage lien, judgment lien, or
Plaintiffs'
possible interest against the property which is subordinate to the lien, a copy of
"C."
which is annexed as Exhibit
7. Defendant FLORA CO. is named because they have or may claim to
have a mortgage lien, judgment lien, or possible interest against the property which is
Plaintiffs'
subordinate to the lien.
Notice
Summons, Complaint, of Pendency -304650.1623
304650.1623
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8. Defendant NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE is named because they are a possible lienor for unpaid franchise taxes, ifany,
by 48-17 25th AVENUE REALTY LLC.
9. Defendant NEW YORK CITY DEPARTMENT OF FINANCE is named
because they are a possible lienor for unpaid business taxes, ifany, by 48-17 25th AVENUE
REALTY LLC.
10. Defendants John Doe No. 1 through John Doe No. 100 inclusive are or
may be (a) other persons or entities, unknown to the Plaintiff, who have filed or recorded a
notice of lien, lien, mortgage, judgment or warrant against the Property, or against the owners
thereof, prior to Plaintiff's filing of a notice of pendency in this action, or (b) persons or entities
having or claiming any interest in the Property, which interest accrued subsequent to NYCTL's
Tax Lien and is subordinate thereto, or (c) may be persons in possession of the Property.
11. Any defendant captioned as a corporation is a New York corporation.
AS AND FOR A CAUSE OF ACTION
12. The Certificate provides, among other things, that the Plaintiff receives
from the City of New York:
[A]ll of the City's right, title and 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 23, 2017, in the case of sewer rents, sewer surcharges and
"CIS"
water rents listed under the heading on Schedule A hereto, and (B) prior to
May 12, 2017, in the case of all real property taxes, assessments and all other City
charges, including sewer rents, sewer surcharges and water rents listed under the
"Environ" Date"
heading on Schedule A hereto (each such date, a "Sale Date"), have
"Property"
become a lien against those certain parcels of real property (each, a "Property")
located in the Borough of QUEENS, County of QUEENS and listed on either
Schedule A hereto by block and lot number, plus allinterest and penalties accrued
thereon to the applicable Sale Date, plus (except in the case of Properties as to
Notice of Pendency - 304650.1623
Summons, Complaint,
t11513948:1}
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which the owners thereof were subject to bankruptcy proceedings on the applicable
Liens"
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 (allsuch
amounts with respect to a Property, including costs of advertisements and notices
Lien"
of sale and the surcharge if any, collectively, a "Tax Lien"), in the total amount
Balance"
(the "Tax Lien Principal Balance") set forth with respect to each Property on either
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 (b) eighteen per cent (18%) per
annum, compounded daily for Properties with an actual assessed value greater than
$250,000....
13. Plaintiff is entitled to foreclosure on the Tax Lien, pursuant to the
Certificate and Sections 11-332 and 11-335 of the Administrative Code of the City of New
Code"
York (the "Administrative Code") because Defendant 48-17 25th AVENUE REALTY LLC
has failed to pay the semi-annual interest which has accrued on the tax lien balance, more than
seven months after the sale of the tax lien.
14. By reason of these defaults, the Plaintiff elects that the Tax Lien is now
due and payable and that there is justly due and owing to the Plaintiff under the aforesaid
Certificate: (a) the tax lien balance of $80,118.71 with interest thereon at the rate of 18% per
annum compounded daily from May 23, 2017, in the case of sewer rents, sewer surcharges and
"CIS"
water rents listed under the heading on Schedule A hereto, and from May 12, 2017, in
the case of all real property taxes, assessments and allother City charges, including sewer rents,
"Environ"
sewer surcharges and water rents listed under the heading on Schedule A (each such
Date"
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.
15. The property should be sold subject to: (a) such state of facts as an
accurate survey might show; (b) covenants, easements, rights of way and restrictions of record
Summons, Complaint,Noticeof Pendency - 304650.1623
111513948;I)
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as the same may affect the Property; (c) any building and zoning ordinances of the municipality
in which the liened premises is located and possible violations of same; and (d) liens relating to
the Property arising from the operation of any applicable Federal Law or from certain New
York State environmental laws which have statutory priority and may have attached and been
perfected prior to the date of the Certificate.
16. City liens for taxes and assessments subsequent to the date of the
York'
Certificate shall be paid out of the proceeds of the foreclosure sale pursuant to New York's
Real Property Actions and Proceedings Law §1354. Municipal liens and/or violations without
monetary value will not be extinguished by the foreclosure.
17. No other action or proceeding has been commenced or maintained or is
now at law or otherwise for the foreclosure of the Tax Lien. Pursuant to Section 11-
pending
of'
335 of the Administrative Code, Plaintiff is simultaneously notifying the New York City
Department of Finance, in writing, of the commencement of this action.
WHEREFORE, the Plaintiff demands judgment that each and all of the
Defendants in this action and any and all persons claiming under them or any of them
subsequent to the commencement of this action and the filing of the Notice of Pendency of
Action thereof in the Office of the Clerk of the County of QUEENS that being the County in
which the Property is situated, may be forever barred and foreclosed of all right, title, interest,
claim, lien and equity of redemption in the Property; that the Property may be decreed to be
sold according to law, subject to the items specified in Paragraph 15 of this complaint; that the
money arising from the sale of the Property and property located thereon be brought into court;
that the Plaintiff be paid the amount adjudged to be due on the Tax Lien, with interest to the
time of such payment, together with costs, allowances and disbursements of this action,
Summons, Complaint,Notice of Pendency - 304650.1623
(11513948;1}
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attorneys' attorneys'
including fees, and together with fees and the expenses of the sale insofar
as the amount of such monies properly applicable thereto will pay the same; and that Plaintiff
have such other further relief as may be just and equitable.
Dated: New York, New York
March 8, 2018
WINDELS MARX LANE & MITTENDORF
LLP
Attorneys for Plaintiffs
NYCTL 2017-A Trust The Bank of New York
Mellon as Collateral zy t and Custodian for the
NYCTL 2017-A r st
By:
X ichael H. Resnikoff, Esq.
56th
156 West Street
New York, New York 10019
(212) 237-1102
Notice
Summons, Complaint, of Pendency - 304650.1623
{11513948:1)
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Index No:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NYCTL 2017-A TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and
Custodian for the NYCTL 2017-A Trust,
Plaintiff,
- against -
48-17 25th AVENUE REALTY LLC, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL
1" 100"
CONTROL BOARD, FLORA CO. and "JOHN DOE No. through "JOHN DOE No. inclusive, the
names of the last 100 defendants being fictitious, the true names of said defendants being unknown to
plaintiff, itbeing intended to designate fee owners, tenants or occupants of the liened premises and/or
persons or parties or claiming an interest in or a lien upon the liened premises, if the aforesaid
having
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 the said defendants named as a class, of any right, title,or interest
in or lien upon the premises described in the complaint herein,
Defendants.
SUMMONS AND COMPLAINT
WINDELS MARX LANE & MITTENDORF, LLP
Attorneys for Plaintiff
156 WEST56TH STREET
NEW YORK, NEW YORK 10019
212.237.1000
To: Signature (Rule 130-1.1-a)
Attorney(s) for Printedname beneath
Michael H. Resnikoff Esq.
Service of a copy ofthe within is hereby admitted.
Dated,
Attorney(s) for
Please take notice
Q NOTICE OF ENTRY
thatthe within is a (certified)
truecopy ofa
duly entered inthe office ofthe clerk of thewithin court on
O NOTICE OF SETTLEMENT
thatan order of which the within isa true copy willbe presented for
settlement to theHON. one of the judges of
the withincourt, at
on at M
Dated, Yours, etc.
WINDELS MARx LANE & MITTENDORF, LLP
AttorneysforPlaintiff
9 of 9 156 WEST56TH STREET
Preview
FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NYCTL 2017-A TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for the NYCTL 2017-A Trust, Index No.: I I Plaintiffs, I I - against - SUMMONS IN TAX LIEN 48-17 25th AVENUE REALTY LLC, NEW YORK CITY |, FORECLOSURE DEPARTMENT OF FINANCE, NEW YORK STATE | DEPARTMENT OF TAXATION AND FINANCE, NEW | YORK CITY ENVIRONMENTAL CONTROL BOARD, | 1" FLORA CO. and "JOHN DOE No. through "JOHN |,Plaintiffs designate 100" ,' DOE No. inclusive, the names of the last 100 | QUEENS COUNTY as defendants being fictitious, the true names of said 'the , place of trial based to' defendants being unknown to plaintiff, itbeing intended to |,onon the location of the liened' designate fee owners, tenants or occupants of the liened | premises herein. premises and/or persons or parties having or claiming an | interest in or a lien upon the liened premises, if the | aforesaid individual defendants are living, and if any or all |i Borough: QUEENS of said individual defendants be dead, their heirs at law, |i Block: 746 I next of kin, distributees, executors, administrators, trustees, |i Lot: 92 I committees, devisees, legatees, and the assignees, lienors, I creditors and successors in interest of them, and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title,or interest in or lien upon the premises described in the complaint herein, I I Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action within twenty days after the service of this summons, exclusive of the day of service or within thirty days after service is completed if the summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiffs designate QUEENS County as the place of trial. Venue is based upon Notice of Pendency - 304650.1623 Summons, Complaint, (11513948:1) 1 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 the county in which the property a lien upon which is being foreclosed is situated. Dated: New York, New York March 8, 2018 WINDELS MARX LANE & MITTENDORF LLP Attorneys for Plaintiffs NYCTL 2017-A Tru and The Bank of New York Mellon as Collate i gent and Custodian for the ' NYCTL 201 A 1'i.. By: dichael H. Resnikoff, Esq. 56d' 156 West Street New York, New York 10019 (212) 237-1102 To: 48-17 25th AVENUE REALTY LLC 48-15 25th Avenue Astoria, New York 11103 NEW YORK CITY DEPARTMENT OF FINANCE Correspondence Unit, 66 John Street, 3rd Floor New York, NY 10038-3735 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE Franchise Desk Bureau, Building 9, Room 445 Albany, NY 12227 NEW YORK CITY ENVIRONMENTAL CONTROL BOARD 1932 Arthur Avenue, 6th Floor Bronx, New York 10457 FLORA CO., a Partnership By: Mark Bitter 37-24 24th Street Long Island City, New York 11101 Notice of Pendency - 304650.1623 Summons, Complaint, {11513948:1} 2 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NYCTL 2017-A TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for the NYCTL 2017-A Trust, Plaintiffs, Index No.: - against - COMPLAINT 48-17 25th AVENUE REALTY LLC, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, FLORA CO. and "JOHN DOE No. 1" through "JOHN' "JOHN ,Borough: Borough: QUEENS 100" DOE No. inclusive, the names of the last 100 Block: 746 defendants being fictitious, the true names of said Lot: 92 defendants being unknown to plaintiff, itbeing intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the 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 the said defendants named as a class, of any right, title,or interest in or lien upon the premises described in the complaint herein, Defendants. Plaintiffs, by their attorneys, WINDELS MARX LANE 2 MITTENDORF LLP, allege on information and belief as follows: The Parties 1. Plaintiff, NYCTL 2017-A Trust ("NYCTL"), is a Delaware business trust which was created pursuant to the Declaration and Agreement of Trust between The City of New York and the Wilmington Trust Company, as Issuer Trustee. NYCTL is authorized to Summons, Complaint,Notice of Pendency - 304650,1623 (11513948:1) 3 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 purchase, own and manage the collateral of the trust. 2. Plaintiff, The Bank of New York Mellon ("BNY"), as Collateral Agent and Custodian, is a New York Banking Corporation. BNY is the Collateral Agent and Custodian for NYCTL, pursuant to an Indenture between NYCTL 2017-A Trust, Issuer, MTAG Services, LLC, Tower Capital Management, LLC, Servicer, and the Bank of New York Mellon, Trustee. 3. Plaintiff is the holder of certain tax and other City of New York liens Lien" (the "Tax Lien") as evidenced by a certain Tax Lien Certificate 4A, dated August 3, 2017, "Certificate" recorded August 15, 2017, CRFN 2017000303430 (the "Certificate") as specifically described and set forth in Exhibit "A", annexed hereto and incorporated herein by reference. "Property" 4. The Tax Lien covers certain premises (the "Property"), as fully described and set forth in Exhibit "B", annexed hereto and incorporated herein by reference and known as BLOCK 746 LOT 92. The Property also includes all the appurtenances, easements, improvements, structures, fixtures and other personal property located thereon, 5. Defendant 48-17 25th AVENUE REALTY LLC is a limited liability company doing business within the State of New York and is the fee owner of the Property. 6. Defendant NEW YORK CITY ENVIRONMENTAL CONTROL BOARD is named because they have or may claim to have a mortgage lien, judgment lien, or Plaintiffs' possible interest against the property which is subordinate to the lien, a copy of "C." which is annexed as Exhibit 7. Defendant FLORA CO. is named because they have or may claim to have a mortgage lien, judgment lien, or possible interest against the property which is Plaintiffs' subordinate to the lien. Notice Summons, Complaint, of Pendency -304650.1623 304650.1623 {11513948:Il 4 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 8. Defendant NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE is named because they are a possible lienor for unpaid franchise taxes, ifany, by 48-17 25th AVENUE REALTY LLC. 9. Defendant NEW YORK CITY DEPARTMENT OF FINANCE is named because they are a possible lienor for unpaid business taxes, ifany, by 48-17 25th AVENUE REALTY LLC. 10. Defendants John Doe No. 1 through John Doe No. 100 inclusive are or may be (a) other persons or entities, unknown to the Plaintiff, who have filed or recorded a notice of lien, lien, mortgage, judgment or warrant against the Property, or against the owners thereof, prior to Plaintiff's filing of a notice of pendency in this action, or (b) persons or entities having or claiming any interest in the Property, which interest accrued subsequent to NYCTL's Tax Lien and is subordinate thereto, or (c) may be persons in possession of the Property. 11. Any defendant captioned as a corporation is a New York corporation. AS AND FOR A CAUSE OF ACTION 12. The Certificate provides, among other things, that the Plaintiff receives from the City of New York: [A]ll of the City's right, title and 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 23, 2017, in the case of sewer rents, sewer surcharges and "CIS" water rents listed under the heading on Schedule A hereto, and (B) prior to May 12, 2017, in the case of all real property taxes, assessments and all other City charges, including sewer rents, sewer surcharges and water rents listed under the "Environ" Date" heading on Schedule A hereto (each such date, a "Sale Date"), have "Property" become a lien against those certain parcels of real property (each, a "Property") located in the Borough of QUEENS, County of QUEENS and listed on either Schedule A hereto by block and lot number, plus allinterest and penalties accrued thereon to the applicable Sale Date, plus (except in the case of Properties as to Notice of Pendency - 304650.1623 Summons, Complaint, t11513948:1} 5 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 which the owners thereof were subject to bankruptcy proceedings on the applicable Liens" 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 (allsuch amounts with respect to a Property, including costs of advertisements and notices Lien" of sale and the surcharge if any, collectively, a "Tax Lien"), in the total amount Balance" (the "Tax Lien Principal Balance") set forth with respect to each Property on either 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 (b) eighteen per cent (18%) per annum, compounded daily for Properties with an actual assessed value greater than $250,000.... 13. Plaintiff is entitled to foreclosure on the Tax Lien, pursuant to the Certificate and Sections 11-332 and 11-335 of the Administrative Code of the City of New Code" York (the "Administrative Code") because Defendant 48-17 25th AVENUE REALTY LLC has failed to pay the semi-annual interest which has accrued on the tax lien balance, more than seven months after the sale of the tax lien. 14. By reason of these defaults, the Plaintiff elects that the Tax Lien is now due and payable and that there is justly due and owing to the Plaintiff under the aforesaid Certificate: (a) the tax lien balance of $80,118.71 with interest thereon at the rate of 18% per annum compounded daily from May 23, 2017, in the case of sewer rents, sewer surcharges and "CIS" water rents listed under the heading on Schedule A hereto, and from May 12, 2017, in the case of all real property taxes, assessments and allother City charges, including sewer rents, "Environ" sewer surcharges and water rents listed under the heading on Schedule A (each such Date" 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. 15. The property should be sold subject to: (a) such state of facts as an accurate survey might show; (b) covenants, easements, rights of way and restrictions of record Summons, Complaint,Noticeof Pendency - 304650.1623 111513948;I) 6 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 as the same may affect the Property; (c) any building and zoning ordinances of the municipality in which the liened premises is located and possible violations of same; and (d) liens relating to the Property arising from the operation of any applicable Federal Law or from certain New York State environmental laws which have statutory priority and may have attached and been perfected prior to the date of the Certificate. 16. City liens for taxes and assessments subsequent to the date of the York' Certificate shall be paid out of the proceeds of the foreclosure sale pursuant to New York's Real Property Actions and Proceedings Law §1354. Municipal liens and/or violations without monetary value will not be extinguished by the foreclosure. 17. No other action or proceeding has been commenced or maintained or is now at law or otherwise for the foreclosure of the Tax Lien. Pursuant to Section 11- pending of' 335 of the Administrative Code, Plaintiff is simultaneously notifying the New York City Department of Finance, in writing, of the commencement of this action. WHEREFORE, the Plaintiff demands judgment that each and all of the Defendants in this action and any and all persons claiming under them or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency of Action thereof in the Office of the Clerk of the County of QUEENS that being the County in which the Property is situated, may be forever barred and foreclosed of all right, title, interest, claim, lien and equity of redemption in the Property; that the Property may be decreed to be sold according to law, subject to the items specified in Paragraph 15 of this complaint; that the money arising from the sale of the Property and property located thereon be brought into court; that the Plaintiff be paid the amount adjudged to be due on the Tax Lien, with interest to the time of such payment, together with costs, allowances and disbursements of this action, Summons, Complaint,Notice of Pendency - 304650.1623 (11513948;1} 7 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 attorneys' attorneys' including fees, and together with fees and the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; and that Plaintiff have such other further relief as may be just and equitable. Dated: New York, New York March 8, 2018 WINDELS MARX LANE & MITTENDORF LLP Attorneys for Plaintiffs NYCTL 2017-A Trust The Bank of New York Mellon as Collateral zy t and Custodian for the NYCTL 2017-A r st By: X ichael H. Resnikoff, Esq. 56th 156 West Street New York, New York 10019 (212) 237-1102 Notice Summons, Complaint, of Pendency - 304650.1623 {11513948:1) 8 of 9 FILED: QUEENS COUNTY CLERK 03/12/2018 12:23 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/12/2018 Index No: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NYCTL 2017-A TRUST, and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian for the NYCTL 2017-A Trust, Plaintiff, - against - 48-17 25th AVENUE REALTY LLC, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL 1" 100" CONTROL BOARD, FLORA CO. and "JOHN DOE No. through "JOHN DOE No. inclusive, the names of the last 100 defendants being fictitious, the true names of said defendants being unknown to plaintiff, itbeing intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties or claiming an interest in or a lien upon the liened premises, if the aforesaid having 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 the said defendants named as a class, of any right, title,or interest in or lien upon the premises described in the complaint herein, Defendants. SUMMONS AND COMPLAINT WINDELS MARX LANE & MITTENDORF, LLP Attorneys for Plaintiff 156 WEST56TH STREET NEW YORK, NEW YORK 10019 212.237.1000 To: Signature (Rule 130-1.1-a) Attorney(s) for Printedname beneath Michael H. Resnikoff Esq. Service of a copy ofthe within is hereby admitted. Dated, Attorney(s) for Please take notice Q NOTICE OF ENTRY thatthe within is a (certified) truecopy ofa duly entered inthe office ofthe clerk of thewithin court on O NOTICE OF SETTLEMENT thatan order of which the within isa true copy willbe presented for settlement to theHON. one of the judges of the withincourt, at on at M Dated, Yours, etc. WINDELS MARx LANE & MITTENDORF, LLP AttorneysforPlaintiff 9 of 9 156 WEST56TH STREET