On April 08, 2015 a
Motion-Secondary
was filed
involving a dispute between
Pnc Bank, N.A.,
and
Aleya Khondokar,
Bank Of America, N.A.,
John Doe # 1 Through John Doe # 10 Inclusive, The Names Of The Ten Last Name Defendants Being Fictitious, Real Names Unknown To The Plaintiff, The Parties Intended Being Persons Or Corporations Having An Interest In, Or Tenants Or Persons In Possession Of, Portions Of The Mortgaged Premises Described In The Complaint,
John Doe # 1 Through John Doe # 10 Inclusive, The Names Of The Ten Last Name
Defendants Being Fictitious, Real Names Unknown To The Plaintiff, The Parties Intended Being Persons Or Corporations Having An Interest In, Or Tenants Or Persons In Possession Of, Portions Of The Mortgaged Premises Described In The Complaint,
Midland Funding, Llc, D B A In New York As Midland Funding Of Delaware, Llc, A P O Hsbc Bank Nevada, N.A.,
Midland Funding, Llc,
D B A In New York As Midland Funding Of Delaware, Llc, A P O Hsbc Bank Nevada, N.A.,
New York City Department Of Finance Parking Violations Bureau Payment And Adjudication Center Of Queens,
New York City
Department Of Finance Parking Violations Bureau Payment And Adjudication Center Of Queens,
New York City Environmental Control Board,
Portfolio Recovery Associates, Inc.,
Queens County By And Through The Office Of The County Clerk For Queens County,
Queens County By And Through
The Office Of The County Clerk For Queens County,
Rezaul H. Rabby,
Rezaul Karim,
for Real Property - Other
in the District Court of Queens County.
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FILED: QUEENS COUNTY CLERK 09/18/2015 12:43 PM INDEX NO. 703388/2015
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/18/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
PNC BANK, N.A.,
Plaintiff,
AFFIRMATION OF
v. JAMI MEVORAH, ESQ.
Index Number: 703388/2015
REZAUL KARIM, ALEYA KHONDOKAR,
REZAUL H. RABBY, BANK OF AMERICA, N.A.,
PORTFOLIO RECOVERY ASSOCIATES, INC., MIDLAND
FUNDING, LLC, D/B/A IN NEW YORK AS MIDLAND
FUNDING OF DELAWARE, LLC, A/P/O HSBC BANK
NEVADA, N.A., NEW YORK CITY
DEPARTMENT OF FINANCE PARKING VIOLATIONS
BUREAU PAYMENT AND ADJUDICATION CENTER OF
QUEENS, QUEENS COUNTY by and through THE OFFICE OF
THE COUNTY CLERK FOR QUEENS COUNTY, NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD,
"JOHN DOE # 1" THROUGH "JOHN DOE # 10" inclusive, the
names of the ten last name defendants being fictitious, real names
unknown to the Plaintiff, the parties intended being persons or
corporations having and interest in, or tenants or persons in
possession of, portions of the mortgaged premises described in the
complaint,
Defendants.
Jami Mevorah, an attorney duly admitted to practice law before the Courts of the State of
New York, affirms the following to be true under penalties of perjury:
1. I am an associate of Dorf & Nelson LLP, attorneys for Plaintiff, PNC Bank, N.A.,
("Plaintiff'), and am familiar with the facts, circumstances, prior pleadings, and
proceedings of this matter.
2. I submit this Affirmation in support of Plaintiff s Motion for Summary Judgment
against Defendant, Rezaul Karim ("Defendant Karim"), pursuant to Section 3212 of
the New York Civil Practice Law and Rules ("CPLR"), and its Motion for Default
Judgment against Defendants, Aleya Khondokar, Rezaul H. Rabby, Bank of America,
N.A., Portfolio Recovery Associates, Inc., Midland Funding, LLC d/b/a in New York
as Midland Funding of Delaware, LLC a/p/o HSBC Bank Nevada, N. A., the New
York City Department of Finance Parking Violations Bureau Payment and
Adjudication Center of Queens, Queens County, by and through the Office of the
County Clerk for Queens County, and the New York City Environmental Control
Board (collectively referred to as the "Non-Appearing Defendants"), pursuant to
Section 3215 of the CPLR.
3. A true and correct copy of the Summons, Verified Complaint, and Notice of
Pendency, filed in this action on April 8, 2015, is attached as Exhibit A.
4. A true and correct copy of the Verified Answer filed by Defendant Karim on May 12,
2015 is attached as Exhibit B.
5. A true and correct copy of the Affidavit of Service of Defendant, Aleya Khondokar
("Defendant Khondokar"), sworn to by Joseph Leggio on May 4, 20 1 5, is attached as
Exhibit C.
6. A true and correct copy of the Affidavit of Service of Defendant, Rezaul H. Rabby
("Defendant Rabby"), sworn to by Joseph Leggio on May 4, 2015, is attached as
Exhibit D.
7. A true and correct copy of the Affidavit of Service of Bank of America, N. A., sworn
to by Melvin Rolfe on April 23, 2015, is attached as Exhibit E.
8. A true and correct copy of the Affidavit of Service of Portfolio Recovery Associates,
Inc., sworn to by Marvin H. Brand III on April 21, 2015, is attached as Exhibit F.
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9. A true and correct copy of the Affidavit of Service of Midland Funding, LLC d/b/a in
New York as Midland Funding of Delaware, LLC a/p/o HSBC Bank Nevada, N.A.
("Midland Funding"), sworn to by Marvin H. Brand III on April 21, 2015, is attached
as Exhibit G.
1 0.A true and correct copy of the Affidavit of Service of the New York City Department
of Finance Parking Violations Bureau Payment and Adjudication Center of Queens,
sworn to by Melvin Rolfe on April 23, 2015, is attached as Exhibit H.
1 1 . A true and correct copy of the Affidavit of Service of Queens County, by and through
the Office of the County Clerk for Queens County, sworn to by Andrew F. Ceponis
on April 23, 2015, is attached as Exhibit I.
12. A true and correct copy of the Affidavit of Service of the New York City
Environmental Control Board, sworn to by Melvin Rolfe on April 23, 2015, is
attached as Exhibit J.
13. To date, Defendant Khondokar has not served a Notice of Appearance or an Answer
in this action pursuant to Section 320(a) of the CPLR.
14. To date, Defendant Rabby has not served a Notice of Appearance or an Answer in
this action pursuant to Section 320(a) of the CPLR.
15. To date, Bank of America, N.A., has not served a Notice of Appearance or an Answer
in this action pursuant to Section 320(a) of the CPLR.
16. To date, Portfolio Recovery Associates, Inc. has not served a Notice of Appearance or
an Answer in this action pursuant to Section 320(a) of the CPLR.
17. To date, Midland Funding has not served a Notice of Appearance or an Answer in
this action pursuant to Section 320(a) of the CPLR.
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18. To date, the New York Department of Finance Parking Violations Bureau Payment
and Adjudication Center of Queens has not served a Notice of Appearance or an
Answer in this action pursuant to Section 320(a) of the CPLR.
19. To date, Queens County, by and through the Office of the County Clerk for Queens
County, has not served a Notice of Appearance or an Answer in this action pursuant
to Section 320(a) of the CPLR.
20. To date, the New York City Environmental Control Board has not served a Notice of
Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR.
2 1 . No previous application for the relief sought has been made in this action.
WHEREFORE, the affirmant respectfully requests that this Court grant Plaintiffs
motion for summary judgment against Defendant Karim and Plaintiff s motion for default
judgment against the Non-Appearing Defendants, along with any such other and further relief as
this Court may deem just and proper.
/
Dated: Rye, New York
September 18, 2015
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FILED: QUEENS COUNTY CLERK 09/18/2015 12:43 PM INDEX NO. 703388/2015 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 09/18/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS PNC BANK, N.A., Plaintiff, AFFIRMATION OF v. JAMI MEVORAH, ESQ. Index Number: 703388/2015 REZAUL KARIM, ALEYA KHONDOKAR, REZAUL H. RABBY, BANK OF AMERICA, N.A., PORTFOLIO RECOVERY ASSOCIATES, INC., MIDLAND FUNDING, LLC, D/B/A IN NEW YORK AS MIDLAND FUNDING OF DELAWARE, LLC, A/P/O HSBC BANK NEVADA, N.A., NEW YORK CITY DEPARTMENT OF FINANCE PARKING VIOLATIONS BUREAU PAYMENT AND ADJUDICATION CENTER OF QUEENS, QUEENS COUNTY by and through THE OFFICE OF THE COUNTY CLERK FOR QUEENS COUNTY, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, "JOHN DOE # 1" THROUGH "JOHN DOE # 10" inclusive, the names of the ten last name defendants being fictitious, real names unknown to the Plaintiff, the parties intended being persons or corporations having and interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the complaint, Defendants. Jami Mevorah, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the following to be true under penalties of perjury: 1. I am an associate of Dorf & Nelson LLP, attorneys for Plaintiff, PNC Bank, N.A., ("Plaintiff'), and am familiar with the facts, circumstances, prior pleadings, and proceedings of this matter. 2. I submit this Affirmation in support of Plaintiff s Motion for Summary Judgment against Defendant, Rezaul Karim ("Defendant Karim"), pursuant to Section 3212 of the New York Civil Practice Law and Rules ("CPLR"), and its Motion for Default Judgment against Defendants, Aleya Khondokar, Rezaul H. Rabby, Bank of America, N.A., Portfolio Recovery Associates, Inc., Midland Funding, LLC d/b/a in New York as Midland Funding of Delaware, LLC a/p/o HSBC Bank Nevada, N. A., the New York City Department of Finance Parking Violations Bureau Payment and Adjudication Center of Queens, Queens County, by and through the Office of the County Clerk for Queens County, and the New York City Environmental Control Board (collectively referred to as the "Non-Appearing Defendants"), pursuant to Section 3215 of the CPLR. 3. A true and correct copy of the Summons, Verified Complaint, and Notice of Pendency, filed in this action on April 8, 2015, is attached as Exhibit A. 4. A true and correct copy of the Verified Answer filed by Defendant Karim on May 12, 2015 is attached as Exhibit B. 5. A true and correct copy of the Affidavit of Service of Defendant, Aleya Khondokar ("Defendant Khondokar"), sworn to by Joseph Leggio on May 4, 20 1 5, is attached as Exhibit C. 6. A true and correct copy of the Affidavit of Service of Defendant, Rezaul H. Rabby ("Defendant Rabby"), sworn to by Joseph Leggio on May 4, 2015, is attached as Exhibit D. 7. A true and correct copy of the Affidavit of Service of Bank of America, N. A., sworn to by Melvin Rolfe on April 23, 2015, is attached as Exhibit E. 8. A true and correct copy of the Affidavit of Service of Portfolio Recovery Associates, Inc., sworn to by Marvin H. Brand III on April 21, 2015, is attached as Exhibit F. 2 9. A true and correct copy of the Affidavit of Service of Midland Funding, LLC d/b/a in New York as Midland Funding of Delaware, LLC a/p/o HSBC Bank Nevada, N.A. ("Midland Funding"), sworn to by Marvin H. Brand III on April 21, 2015, is attached as Exhibit G. 1 0.A true and correct copy of the Affidavit of Service of the New York City Department of Finance Parking Violations Bureau Payment and Adjudication Center of Queens, sworn to by Melvin Rolfe on April 23, 2015, is attached as Exhibit H. 1 1 . A true and correct copy of the Affidavit of Service of Queens County, by and through the Office of the County Clerk for Queens County, sworn to by Andrew F. Ceponis on April 23, 2015, is attached as Exhibit I. 12. A true and correct copy of the Affidavit of Service of the New York City Environmental Control Board, sworn to by Melvin Rolfe on April 23, 2015, is attached as Exhibit J. 13. To date, Defendant Khondokar has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 14. To date, Defendant Rabby has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 15. To date, Bank of America, N.A., has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 16. To date, Portfolio Recovery Associates, Inc. has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 17. To date, Midland Funding has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 3 18. To date, the New York Department of Finance Parking Violations Bureau Payment and Adjudication Center of Queens has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 19. To date, Queens County, by and through the Office of the County Clerk for Queens County, has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 20. To date, the New York City Environmental Control Board has not served a Notice of Appearance or an Answer in this action pursuant to Section 320(a) of the CPLR. 2 1 . No previous application for the relief sought has been made in this action. WHEREFORE, the affirmant respectfully requests that this Court grant Plaintiffs motion for summary judgment against Defendant Karim and Plaintiff s motion for default judgment against the Non-Appearing Defendants, along with any such other and further relief as this Court may deem just and proper. / Dated: Rye, New York September 18, 2015 { ffvle/orah i 4