On March 12, 2018 a
Motion-Secondary
was filed
involving a dispute between
Nyctl 2017-A Trust,
The Bank Of New York Mellon As Collateral Agent And Custodian For The Nyctl 2017-A Trust,
and
48-17 25Th Avenue Realty Llc,
Flora Co., A Partnership,
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,
John Doe No. 1 Through John Doe No. 100 Inclusive, The Names Of The Last 100 Defendants Being Fictitious, The True Names Of Said Defendants Being Unknown To Plaintiff, It Being 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,
New York City Department Of Finance,
New York City Environmental Control Board,
New York State Department Of Taxation And Finance,
for Real Property - Tax Foreclosure
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/08/2018
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.: 703731/18
Plaintiffs,
I
- against - AFFIRMATION IN
| SUPPORT OF
48-17 25th AVENUE REALTY LLC, NEW YORK CITY |,MOTION FOR ORDER
DEPARTMENT OF FINANCE, NEW YORK STATE |, APPOINTING
DEPARTMENT OF TAXATION AND FINANCE, NEW | REFEREE TO
YORK CITY ENVIRONMENTAL CONTROL BOARD, |, COMPUTE
1"
FLORA CO. and "JOHN DOE No. through "JOHN |
100"
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 | Borough: Queens
I
designate fee owners, tenants or occupants of the liened Block: 746
I
premises and/or persons or parties having or claiming an Lot: 92
interest in or a lien upon the liened premises, if the
I
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. |
Leonid Krechmer, Esq., pursuant to CPLR Section 2106 and under the penalties of
perjury affirms as follows:
1. I am an attorney at law and am an associate of the firm of Windels Marx Lane &
Mittendorf, LLP, attorneys for Plaintiffs, and as such am fully familiar with the facts of this case
Plaintiffs'
and proceedings heretofore had herein. I submit this affirmation in support of
application for the annexed order appointing a referee to compute and for other relief.
2. As more fully set forth in the summons and complaint, annexed hereto as Exhibit
"A", and Notice of Pendency heretofore filed with the Clerk of the County of Queens on March
(11S29794:1)
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12, 2018, annexed hereto as Exhibit "B", this is an action to foreclose a tax lien on real property
situate in said County, known as Block 746 Lot 92 on the Tax Map of QUEENS County and is
also known as 24-48 49th Street, Astoria, New York.
3. All of the defendants were timely served with copies of the summons and
complaint. Copies of the affidavits of service are annexed hereto as Exhibit "C". None of the
said defendants answered, moved or appeared with respect thereto, although the time for them to
do so has expired and has not been extended by court order or otherwise.
No.1" No.100"
4. Defendants "JOHN DOE through "JOHN DOE were not served
with copies of the summons and complaint and are not necessary parties defendant. Request is
No.1" No.100"
therefore made that "JOHN DOE through "JOHN DOE be excised from the
caption and the action discontinued as against them, all without prejudice to any of the
proceedings heretofore had herein.
5. Moreover, as is more fully set forth in the accompanying affidavit of KURT
SHADLE, inasmuch as the tax lien has not been paid and is superior to all other liens, plaintiffs
"D" "E"
now seek to foreclose upon the property. Attached herein as Exhibits and are copies of
the Servicing Agreement and Power of Attorney between Plaintiffs and the Servicer, evidencing
Servicer's power and authority to collect the monies due to the Trust, as well as to prepare,
execute, acknowledge and deliver all necessary oaths, affidavits and documents in connection
with any foreclosure action.
6. All proceedings herein have been regular and in accordance with the rules and
practices of this Court.
7. Since the filing of said Notice of Pendency of this action, the complaint herein has
not been amended so as to make new parties to the action or so as to embrace real property other
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FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018
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plaintiffs'
than that described in the original complaint or so as to extend the claim against the
premises.
8. None of the defendants in this action are infants, incompetents or absentees and
all proceedings heretofore had herein have been wholly regular.
9. No previous action has been made for the relief requested herein.
WHEREFORE, Plaintiffs respectfully request that tpe pourt grant their motion in its
entirety, together with such other and further relief li urt may deem just and proper.
p thi(
( /
/
/
Dated: New York, New York
May 2, 2018
WINDELS MARX LANE & MITTENDORF, LLP
Leonid Krechmer, Esq.
56th
156 West Street
New York, New York 10019
(212) 237-1000
304650.1623
{11529794:1)
3 of 3
Preview
FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/08/2018 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.: 703731/18 Plaintiffs, I - against - AFFIRMATION IN | SUPPORT OF 48-17 25th AVENUE REALTY LLC, NEW YORK CITY |,MOTION FOR ORDER DEPARTMENT OF FINANCE, NEW YORK STATE |, APPOINTING DEPARTMENT OF TAXATION AND FINANCE, NEW | REFEREE TO YORK CITY ENVIRONMENTAL CONTROL BOARD, |, COMPUTE 1" FLORA CO. and "JOHN DOE No. through "JOHN | 100" 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 | Borough: Queens I designate fee owners, tenants or occupants of the liened Block: 746 I premises and/or persons or parties having or claiming an Lot: 92 interest in or a lien upon the liened premises, if the I 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. | Leonid Krechmer, Esq., pursuant to CPLR Section 2106 and under the penalties of perjury affirms as follows: 1. I am an attorney at law and am an associate of the firm of Windels Marx Lane & Mittendorf, LLP, attorneys for Plaintiffs, and as such am fully familiar with the facts of this case Plaintiffs' and proceedings heretofore had herein. I submit this affirmation in support of application for the annexed order appointing a referee to compute and for other relief. 2. As more fully set forth in the summons and complaint, annexed hereto as Exhibit "A", and Notice of Pendency heretofore filed with the Clerk of the County of Queens on March (11S29794:1) 1 of 3 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/08/2018 12, 2018, annexed hereto as Exhibit "B", this is an action to foreclose a tax lien on real property situate in said County, known as Block 746 Lot 92 on the Tax Map of QUEENS County and is also known as 24-48 49th Street, Astoria, New York. 3. All of the defendants were timely served with copies of the summons and complaint. Copies of the affidavits of service are annexed hereto as Exhibit "C". None of the said defendants answered, moved or appeared with respect thereto, although the time for them to do so has expired and has not been extended by court order or otherwise. No.1" No.100" 4. Defendants "JOHN DOE through "JOHN DOE were not served with copies of the summons and complaint and are not necessary parties defendant. Request is No.1" No.100" therefore made that "JOHN DOE through "JOHN DOE be excised from the caption and the action discontinued as against them, all without prejudice to any of the proceedings heretofore had herein. 5. Moreover, as is more fully set forth in the accompanying affidavit of KURT SHADLE, inasmuch as the tax lien has not been paid and is superior to all other liens, plaintiffs "D" "E" now seek to foreclose upon the property. Attached herein as Exhibits and are copies of the Servicing Agreement and Power of Attorney between Plaintiffs and the Servicer, evidencing Servicer's power and authority to collect the monies due to the Trust, as well as to prepare, execute, acknowledge and deliver all necessary oaths, affidavits and documents in connection with any foreclosure action. 6. All proceedings herein have been regular and in accordance with the rules and practices of this Court. 7. Since the filing of said Notice of Pendency of this action, the complaint herein has not been amended so as to make new parties to the action or so as to embrace real property other 304650.1 623 0 1629794:1} 2 of 3 FILED: QUEENS COUNTY CLERK 05/08/2018 09:48 PM INDEX NO. 703731/2018 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/08/2018 plaintiffs' than that described in the original complaint or so as to extend the claim against the premises. 8. None of the defendants in this action are infants, incompetents or absentees and all proceedings heretofore had herein have been wholly regular. 9. No previous action has been made for the relief requested herein. WHEREFORE, Plaintiffs respectfully request that tpe pourt grant their motion in its entirety, together with such other and further relief li urt may deem just and proper. p thi( ( / / / Dated: New York, New York May 2, 2018 WINDELS MARX LANE & MITTENDORF, LLP Leonid Krechmer, Esq. 56th 156 West Street New York, New York 10019 (212) 237-1000 304650.1623 {11529794:1) 3 of 3