Preview
FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
....................................................................X
IRINA HERMAN AND ANATOLY HERMAN Date Index No
Purchased 10/03/18
SUMMONS
Plaintiffs.
Index# /2018
-Against -
STEPHEN GRANT
Defendant
.....................................................................X
To the Person Named as Defendant:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the
complaint of the plaintiffs herein and to serve a copy of your answer on the plaintiffs at the
address indicated below within 20 days after the service of this Summons (not counting the day
of service itself), or within 30 days after service is complete if the Summons is not delivered
personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be
entered against you by default for the relief demanded in the complaint.
Venue: Plaintiff designates Kings County as the place of trial. The basis of this designation is
Both Plaintiff's and Defendant's Residence is in Kings County. Also realty located in Kings
County.
Dated: New York, New York Morrison Law Offices of Westchester, PC
September 14, 2018 Attorney for Plaintiffs
By:
/s/ Arthur Morrison
1325 Ave. of the Americas 27th Floor
New York, New York 10019
Telephone Number: 914-980-7244
Fax 212-382-6642
Defendant's Address
STEPI HiN GRANT
2260 Stuart Street,
Brooklyn, New York 1 1229
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
....................................................................X
IRINA HERMAN AND ANATOLY HERMAN
Verified Complaint
Plaintiffs.
Index#
-Against -
STEPHEN GRANT
Defendant
.....................................................................X
Plaintiffs Irina Herman and Anatoly Herman, allege against the defendant Stephen Grant
as follows:
JURISDICTION
1. At all times mentioned in this verified complaint, plaintiffs Irina Herman and
Anatoly Herman, were and still are natural persons residing in the City of New York, County of
Kings, and State of New York.
2. At all times mentioned in this verified complaint, defendant Stephen Grant was and
still is a natural person residing in the City of New York 2260 Stuart Street, Brooklyn, New
York 11229, County of Kings, State of New York
3. At all times mentioned in this complaint, plaintiffs effective with May, 2018 were
and still are the fee owners of certain land and premises located at York 2260 Stuart Street,
Brooklyn, New York 11229, County of Kings, State of New York.
1
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BACKGROUND
4 At all times mentioned in this complaint and heretofore, in accordance with the terms of
the sale, Herman family received from Frank Pellegrini, Esq., as referee, a deed to the premises, dated
May 11, 2018, which was recorded on May 18, 2018 in the Office of the Register of the County of
Kings on, in Liber of Deeds at Block 8818, lot 32. On December 18, 2017 an order was made in this
Court confirming the report of sale filed by the referee.
5. At all times mentioned in this complaint the property is a one family house and
heretofore, after the time the Referee's deed was delivered to plaintiff, under RPAPL Section
221 the occupants of the premises, including defendant, received a Notice directing defendant
Stephen Grant and all persons occupying the premises to deliver possession of the premises the
purchasers at the foreclosure sale to Irina Herman and her husband Anatoly Herman.
6. At all times mentioned in this complaint and heretofore, the certified copy of the
referee's deed was shown to defendant, Stephen Grant who was in possession of the premises, to
wit: 2260 Stuart Street, Brooklyn, New York I 1229 ("Premises") and who has refused to vacate
the premises. Defendant was requested to vacate and give up possession of the premises, which
he refused to do.
7. At all times mentioned in this complaint, defendant Stephen Grant by Court Order
of the Hon. Noach Dear entered September 7, 2018 entered September 12, 2018 (annexed as
"A"
Exhibit hereto with Notice of Entry) that the Sheriff of the County of Kings was directed to
put Purchasers Irina Herman and Anatoly Herman in possession of the premises 2260 Stuart
Street, Brooklyn, New York 1 1229 under terms of such Order.
2
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8. At all times mentioned in this complaint, the Sheriff of the County of Kings under
terms of Exhibit "A", is directed further, to remove defendant Stephen Grant and all persons
occupying the premises from the premises described in the judgment of 22,
February
2017 to wit: 2260 Stuart Street, Brooklyn, New York 1 1229 ("Premises") and to put Irina
Herman and Anatoly Herman in possession of the premises forty (45) days from September 7,
2018.
AS AND FOR A CAUSE OF ACTION
AGAINST DEFENDANT STEPHEN GRANT
9. Plaintiffs reassert allege each and every allegation contained in paragraphs
"1" "8"
numbered through as if hereat.
10. At all times mentioned in this complaint, defendant Stephen Grant a named
defendant in a foreclosure action against him personally entitled FEDERAL NATIONAL
MORTGAGE ASSOCIATION F/K/A JP MORGAN CHASE BANK vs. STEPHEN GRANT et
Al under Index#40275/2007 prosecuted in the Supreme Court Kings County, Hon. Noach Dear
Justice of the Supreme Court, Presiding; it was commenced in 2007. and upon information and
belief defendant Stephen Grant participated in the mortgage foreclosure proceedings for
approximately ten (10) years
11. Upon information and belief, at all times mentioned in this complaint, defendant
Stephen Grant a named defendant in a foreclosure action against him personally, held himself out
to be and still is the former owner 2260 Stuart Street, Brooklyn, New York 11229 ("Premises")
whom, however has refused to vacate the premises. Defendant was requested to vacate and give
up_possession of the premises, which he refused to do.
3
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"4"
12. To reiterate the contents of paragraph herein, at all times mentioned in this
complaint and heretofore, in accordance with the terms of the sale, Herman family received from
Frank Pellegrini, Esq., as referee, a deed to the dated which was recorded
premises, May 11, 2018,
on May 18, 2018 in the Office of the Register of the of Kings on, in Liber of
County
Deeds at Block 8818, lot 32. On December 18, 2017 an order was made in this Court confirming
the report of sale filed by the referee which was served upon the defendant him personal
providing
knowledge thereof.
13. Plaintiffs, accepted and relied upon the tenns of the sale, because the Plaintiffs
Irina Herman and Anatoly Herman received from Frank Pellegrini, Esq., as referee, a deed to the
premises, dated May 11, 2018, which was recorded on May 18, 2018 in the Office of the Register
of the County of Kings on, in Liber of Deeds at Block 8818, lot 32. On December 18, 2017 an
order was made in this Court confirming the report of sale filed by the referee. which was served
upon the defendant providing him personal knowledge thereof.]
14. At all times mentioned in this complaint Plaintiffs Irina Herman and Anatoly
Herman expended and had obligated themselves to pay great sums of money for the (a) purchase
and (b) financing and (c) operation and management of the property to wit: 2260 Stuart Street,
Brooklyn, New York 1 1229 ("Premises") but defendant Stephen Grant has refused to vacate the
premises. Defendant was requested to vacate and eive un nossession of the premises, which he
refused to do.
Legal Fees & Electrician costs of $3,500 in July 2018 to Gain Access with NYPD assistance
for Fire Insurance
15. At all times mentioned in this complaint, defendant Stephen Grant in July 2018
plaintiffs'
refused reasonable request to allow an Inspector from an insurance company access,
necessitating request for and issuance of an Order to Show Case with Police Assistance to allow
4
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access, which access was refused by defendant Grant with a result the insurance will did
company
not insure because of the property's internal wiring has been improperly tampered with. The cost
and legal expenses for attorneys and electricians to gain access was $3,500 all caused the
by
defendant's refusal to allow access to a home he no longer owns. The at present, because
property
of defendant's conduct, is uninsured and in danger of partial or total destruction by fire.
16. Plaintiffs were at all times and still are, ready, willing and able to pay the necessary
installment premium due with respect to the insurance on this property just as soon as defendant
"C"
Grant is removed from the premises by the Sheriff of Kings County (See Exhibit annexed)
Plaintiffs otherwise performed all the conditions of the agreement with Insurance Company
plaintiff's part required to be performed by requesting insurance which has been blocked by the
actions and conduct to the defendant Grant..
Loss of Rental Income plus Operational Costs to Maintain of $5,000 per month
plaintiffs'
17. None of equipment was delivered and either installed or about to be
installed at the premises which cannot be insured until electrical wiring issues resolved;
negotiations had been entered into with prospective suppliers; the leasing of the premises has been
delayed due to refusal of defendants Grant to vacate property; and generally all other preliminary
steps were completed or almost completed and an opening date of approximately ,
June 1, 2018 had already been set and fixed.
Plaintiffs promptly notified defendant Grant of anticipated loss: to wit:
a) $3,500. for attorney's fees and electrician expenses in July 2018 for
failure to provide access to insurance company and electrician; and
b) $5,000 per month from June 1, 2018 for loss of rental income and
operational costs to maintain property;
5
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18. Upon information and belief, at all times mentioned in this complaint, defendant
Stephen Grant however, has refused and still refuses to vacate the premises. Defendant was
requested to vacate and give up possession of the premises, which he refused to
do.
19. The Sheriff of the County of Kings under terms of Exhibit "A", is directed by
Justice Noach Dear to remove defendant Stephen Grant and all persons occupying the premises
from the premises described in the judgment of February 22, 2017 (to wit: 2260 Stuart Street,
Brooklyn, New York 1 1229 ("Premises") and to put Irina Herman and Anatoly Herman in
possession of the premises forty (45) days from September 7, 2018.
20. By not paying Use and Occupation since June, 2018. defendant has wrongfully
and improperly taken and still does take the position that the does not have to obey or comply
with Judgment and Orders wherein, under the terms of the sale, Irina and Anatoly Herman
received from Frank Pellegrini, Esq., as referee, a deed to the premises, dated May 1 1, 2018, which
was recorded on May 18, 2018 in the Office of the Register of the County of Kings on, in Liber of
Deeds at Block 8818, lot 32 , On December 18, 2017 an order was made in this Court confirming the
report of sale filed by the referee.
21. As a result of the foregoing, plaintiffs have been and will continue to be irreparably
damaged; the rental of the plaintiffs property, 2260 Stuart Street, Brooklyn, New York 1 1229 a
loss of a business opportunity has been and will be delayed for an extended period of time with
consequent loss of earnings and profits to plaintiff; the betterment and improvements of plaintiffs
and much of its electrical equipment has been destroyed. It is also imperative that it be determined
that defendant Grant is liable to plaintiffs in this action.
6
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WHEREFORE, plaintiffs request that the court, issue a declaratory judgment or otherwise,
determine the rights of the parties to this action, as follows:
(a) That defendant Grant individually caused Plaintiff's a loss of income of $5,000 per
month from June 1, 2018 being aware of Exhibit "A", annexed, nonetheless unlawfully remained
in possession at the premises described in the judgment of February 22, 2017 to wit: 2260 Stuart
Street, Brooklyn, New York 1 1229 ("Premises") did not vacate the premises, violating the Final
Judgment and requiring the issuance of Exhibit "A", yet another Order under RPAPI Section
221 and to put Irina Herman and Anatoly Herman in possession of the premises forty (45) days
and'
from September 7, 2018;
(b) That defendant Grant individually be adjudged and decreed to owe plaintiffs
$3,500. for attorney's fees and electrician expenses in July 2018; and
(c) That defendant Grant individually be adjudged and decreed to owe plaintiffs
$5,000 per month from June 1, 2018 for loss of rental income and operational costs to maintain
property as a Holdover in a foreclosure action until he is evicted by the Sheriff and to pay (i)
Sheriff's Costs and Expenses plus (ii) Legal Fees of Plaintiffs since issuance of Final Judgment ;
and
(d) That plaintiff have such other and further relief as the court deems proper.
Dated: New York, New York Morrison Law Offices of Westchester, PC
September 14, 2018 Attorney for Plaintiffs
By:
/s/ Arthur Morrison
1325 Ave. of the Americas 27th Floor
New York, New York 10019
Telephone Number: 914-980-7244
Fax 212-382-6642
7
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VERIFICATION
State of New York )
) so:
County of Kings )
Irina Herman, being duly sworn, deposes and says:
I am one of the Plaintiffs in the above-entitled action. I have read the foregoing Complaint and know the
contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on
information and belief and as to those matter, I believe them to be true.
To the best of my knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the presentation of these papers or the contentions therein are not
frivolous as defined in Subsection (c) of Section 130-1.1 of the Rules of the Chief Administrative
Judge (22 NYCRR).
/s/ Irina Herman
14d'
Sworn to before me this
day of September 2018 IRINA HERMAN signature
/s/ Arthur Morrison
_________. ____________
ARTHUR MORRISON
NOTARY PUBLIC
Teste of New York
#02MO5029969
Qualified in Westchester County
Commission Expires 11/24/22
8
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'A'
EXHIBIT
Order of Hon. Noach Dear of 9/07/18 Justice of the Supreme Court with Notice of Entry
The Sheriff of the County of Kings under terms of Exhibit "A", is directed further, to
remove defendant Stephen Grant and all persons occupying the premises from the premises
described in the judgment of February 22, 2017 to wit: 2260 Stuart Street, Brooklyn, New
York 11229 ("Premises") and to put Irina Herman and Anatoly Herman in possession of the
premises forty (45) days from September 7, 2018.
9
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
....................................................................x Hon. Noach Dear, JSC
FEDERAL NATIONA L MORTGAGE ASSOCIATION
F/K/A JP MORGAN CHASE BANK ET AL
Order with Notice of Entry
Plainti ff.
index#40275/2007
-Against -
STEPHEN GRANT et al
Defendants
Preview
FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ....................................................................X IRINA HERMAN AND ANATOLY HERMAN Date Index No Purchased 10/03/18 SUMMONS Plaintiffs. Index# /2018 -Against - STEPHEN GRANT Defendant .....................................................................X To the Person Named as Defendant: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the plaintiffs herein and to serve a copy of your answer on the plaintiffs at the address indicated below within 20 days after the service of this Summons (not counting the day of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Venue: Plaintiff designates Kings County as the place of trial. The basis of this designation is Both Plaintiff's and Defendant's Residence is in Kings County. Also realty located in Kings County. Dated: New York, New York Morrison Law Offices of Westchester, PC September 14, 2018 Attorney for Plaintiffs By: /s/ Arthur Morrison 1325 Ave. of the Americas 27th Floor New York, New York 10019 Telephone Number: 914-980-7244 Fax 212-382-6642 Defendant's Address STEPI HiN GRANT 2260 Stuart Street, Brooklyn, New York 1 1229 1 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ....................................................................X IRINA HERMAN AND ANATOLY HERMAN Verified Complaint Plaintiffs. Index# -Against - STEPHEN GRANT Defendant .....................................................................X Plaintiffs Irina Herman and Anatoly Herman, allege against the defendant Stephen Grant as follows: JURISDICTION 1. At all times mentioned in this verified complaint, plaintiffs Irina Herman and Anatoly Herman, were and still are natural persons residing in the City of New York, County of Kings, and State of New York. 2. At all times mentioned in this verified complaint, defendant Stephen Grant was and still is a natural person residing in the City of New York 2260 Stuart Street, Brooklyn, New York 11229, County of Kings, State of New York 3. At all times mentioned in this complaint, plaintiffs effective with May, 2018 were and still are the fee owners of certain land and premises located at York 2260 Stuart Street, Brooklyn, New York 11229, County of Kings, State of New York. 1 2 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 BACKGROUND 4 At all times mentioned in this complaint and heretofore, in accordance with the terms of the sale, Herman family received from Frank Pellegrini, Esq., as referee, a deed to the premises, dated May 11, 2018, which was recorded on May 18, 2018 in the Office of the Register of the County of Kings on, in Liber of Deeds at Block 8818, lot 32. On December 18, 2017 an order was made in this Court confirming the report of sale filed by the referee. 5. At all times mentioned in this complaint the property is a one family house and heretofore, after the time the Referee's deed was delivered to plaintiff, under RPAPL Section 221 the occupants of the premises, including defendant, received a Notice directing defendant Stephen Grant and all persons occupying the premises to deliver possession of the premises the purchasers at the foreclosure sale to Irina Herman and her husband Anatoly Herman. 6. At all times mentioned in this complaint and heretofore, the certified copy of the referee's deed was shown to defendant, Stephen Grant who was in possession of the premises, to wit: 2260 Stuart Street, Brooklyn, New York I 1229 ("Premises") and who has refused to vacate the premises. Defendant was requested to vacate and give up possession of the premises, which he refused to do. 7. At all times mentioned in this complaint, defendant Stephen Grant by Court Order of the Hon. Noach Dear entered September 7, 2018 entered September 12, 2018 (annexed as "A" Exhibit hereto with Notice of Entry) that the Sheriff of the County of Kings was directed to put Purchasers Irina Herman and Anatoly Herman in possession of the premises 2260 Stuart Street, Brooklyn, New York 1 1229 under terms of such Order. 2 3 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 8. At all times mentioned in this complaint, the Sheriff of the County of Kings under terms of Exhibit "A", is directed further, to remove defendant Stephen Grant and all persons occupying the premises from the premises described in the judgment of 22, February 2017 to wit: 2260 Stuart Street, Brooklyn, New York 1 1229 ("Premises") and to put Irina Herman and Anatoly Herman in possession of the premises forty (45) days from September 7, 2018. AS AND FOR A CAUSE OF ACTION AGAINST DEFENDANT STEPHEN GRANT 9. Plaintiffs reassert allege each and every allegation contained in paragraphs "1" "8" numbered through as if hereat. 10. At all times mentioned in this complaint, defendant Stephen Grant a named defendant in a foreclosure action against him personally entitled FEDERAL NATIONAL MORTGAGE ASSOCIATION F/K/A JP MORGAN CHASE BANK vs. STEPHEN GRANT et Al under Index#40275/2007 prosecuted in the Supreme Court Kings County, Hon. Noach Dear Justice of the Supreme Court, Presiding; it was commenced in 2007. and upon information and belief defendant Stephen Grant participated in the mortgage foreclosure proceedings for approximately ten (10) years 11. Upon information and belief, at all times mentioned in this complaint, defendant Stephen Grant a named defendant in a foreclosure action against him personally, held himself out to be and still is the former owner 2260 Stuart Street, Brooklyn, New York 11229 ("Premises") whom, however has refused to vacate the premises. Defendant was requested to vacate and give up_possession of the premises, which he refused to do. 3 4 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 "4" 12. To reiterate the contents of paragraph herein, at all times mentioned in this complaint and heretofore, in accordance with the terms of the sale, Herman family received from Frank Pellegrini, Esq., as referee, a deed to the dated which was recorded premises, May 11, 2018, on May 18, 2018 in the Office of the Register of the of Kings on, in Liber of County Deeds at Block 8818, lot 32. On December 18, 2017 an order was made in this Court confirming the report of sale filed by the referee which was served upon the defendant him personal providing knowledge thereof. 13. Plaintiffs, accepted and relied upon the tenns of the sale, because the Plaintiffs Irina Herman and Anatoly Herman received from Frank Pellegrini, Esq., as referee, a deed to the premises, dated May 11, 2018, which was recorded on May 18, 2018 in the Office of the Register of the County of Kings on, in Liber of Deeds at Block 8818, lot 32. On December 18, 2017 an order was made in this Court confirming the report of sale filed by the referee. which was served upon the defendant providing him personal knowledge thereof.] 14. At all times mentioned in this complaint Plaintiffs Irina Herman and Anatoly Herman expended and had obligated themselves to pay great sums of money for the (a) purchase and (b) financing and (c) operation and management of the property to wit: 2260 Stuart Street, Brooklyn, New York 1 1229 ("Premises") but defendant Stephen Grant has refused to vacate the premises. Defendant was requested to vacate and eive un nossession of the premises, which he refused to do. Legal Fees & Electrician costs of $3,500 in July 2018 to Gain Access with NYPD assistance for Fire Insurance 15. At all times mentioned in this complaint, defendant Stephen Grant in July 2018 plaintiffs' refused reasonable request to allow an Inspector from an insurance company access, necessitating request for and issuance of an Order to Show Case with Police Assistance to allow 4 5 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 access, which access was refused by defendant Grant with a result the insurance will did company not insure because of the property's internal wiring has been improperly tampered with. The cost and legal expenses for attorneys and electricians to gain access was $3,500 all caused the by defendant's refusal to allow access to a home he no longer owns. The at present, because property of defendant's conduct, is uninsured and in danger of partial or total destruction by fire. 16. Plaintiffs were at all times and still are, ready, willing and able to pay the necessary installment premium due with respect to the insurance on this property just as soon as defendant "C" Grant is removed from the premises by the Sheriff of Kings County (See Exhibit annexed) Plaintiffs otherwise performed all the conditions of the agreement with Insurance Company plaintiff's part required to be performed by requesting insurance which has been blocked by the actions and conduct to the defendant Grant.. Loss of Rental Income plus Operational Costs to Maintain of $5,000 per month plaintiffs' 17. None of equipment was delivered and either installed or about to be installed at the premises which cannot be insured until electrical wiring issues resolved; negotiations had been entered into with prospective suppliers; the leasing of the premises has been delayed due to refusal of defendants Grant to vacate property; and generally all other preliminary steps were completed or almost completed and an opening date of approximately , June 1, 2018 had already been set and fixed. Plaintiffs promptly notified defendant Grant of anticipated loss: to wit: a) $3,500. for attorney's fees and electrician expenses in July 2018 for failure to provide access to insurance company and electrician; and b) $5,000 per month from June 1, 2018 for loss of rental income and operational costs to maintain property; 5 6 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 18. Upon information and belief, at all times mentioned in this complaint, defendant Stephen Grant however, has refused and still refuses to vacate the premises. Defendant was requested to vacate and give up possession of the premises, which he refused to do. 19. The Sheriff of the County of Kings under terms of Exhibit "A", is directed by Justice Noach Dear to remove defendant Stephen Grant and all persons occupying the premises from the premises described in the judgment of February 22, 2017 (to wit: 2260 Stuart Street, Brooklyn, New York 1 1229 ("Premises") and to put Irina Herman and Anatoly Herman in possession of the premises forty (45) days from September 7, 2018. 20. By not paying Use and Occupation since June, 2018. defendant has wrongfully and improperly taken and still does take the position that the does not have to obey or comply with Judgment and Orders wherein, under the terms of the sale, Irina and Anatoly Herman received from Frank Pellegrini, Esq., as referee, a deed to the premises, dated May 1 1, 2018, which was recorded on May 18, 2018 in the Office of the Register of the County of Kings on, in Liber of Deeds at Block 8818, lot 32 , On December 18, 2017 an order was made in this Court confirming the report of sale filed by the referee. 21. As a result of the foregoing, plaintiffs have been and will continue to be irreparably damaged; the rental of the plaintiffs property, 2260 Stuart Street, Brooklyn, New York 1 1229 a loss of a business opportunity has been and will be delayed for an extended period of time with consequent loss of earnings and profits to plaintiff; the betterment and improvements of plaintiffs and much of its electrical equipment has been destroyed. It is also imperative that it be determined that defendant Grant is liable to plaintiffs in this action. 6 7 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 WHEREFORE, plaintiffs request that the court, issue a declaratory judgment or otherwise, determine the rights of the parties to this action, as follows: (a) That defendant Grant individually caused Plaintiff's a loss of income of $5,000 per month from June 1, 2018 being aware of Exhibit "A", annexed, nonetheless unlawfully remained in possession at the premises described in the judgment of February 22, 2017 to wit: 2260 Stuart Street, Brooklyn, New York 1 1229 ("Premises") did not vacate the premises, violating the Final Judgment and requiring the issuance of Exhibit "A", yet another Order under RPAPI Section 221 and to put Irina Herman and Anatoly Herman in possession of the premises forty (45) days and' from September 7, 2018; (b) That defendant Grant individually be adjudged and decreed to owe plaintiffs $3,500. for attorney's fees and electrician expenses in July 2018; and (c) That defendant Grant individually be adjudged and decreed to owe plaintiffs $5,000 per month from June 1, 2018 for loss of rental income and operational costs to maintain property as a Holdover in a foreclosure action until he is evicted by the Sheriff and to pay (i) Sheriff's Costs and Expenses plus (ii) Legal Fees of Plaintiffs since issuance of Final Judgment ; and (d) That plaintiff have such other and further relief as the court deems proper. Dated: New York, New York Morrison Law Offices of Westchester, PC September 14, 2018 Attorney for Plaintiffs By: /s/ Arthur Morrison 1325 Ave. of the Americas 27th Floor New York, New York 10019 Telephone Number: 914-980-7244 Fax 212-382-6642 7 8 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 VERIFICATION State of New York ) ) so: County of Kings ) Irina Herman, being duly sworn, deposes and says: I am one of the Plaintiffs in the above-entitled action. I have read the foregoing Complaint and know the contents thereof. The same are true to my knowledge, except as to matters therein stated to be alleged on information and belief and as to those matter, I believe them to be true. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of these papers or the contentions therein are not frivolous as defined in Subsection (c) of Section 130-1.1 of the Rules of the Chief Administrative Judge (22 NYCRR). /s/ Irina Herman 14d' Sworn to before me this day of September 2018 IRINA HERMAN signature /s/ Arthur Morrison _________. ____________ ARTHUR MORRISON NOTARY PUBLIC Teste of New York #02MO5029969 Qualified in Westchester County Commission Expires 11/24/22 8 9 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 'A' EXHIBIT Order of Hon. Noach Dear of 9/07/18 Justice of the Supreme Court with Notice of Entry The Sheriff of the County of Kings under terms of Exhibit "A", is directed further, to remove defendant Stephen Grant and all persons occupying the premises from the premises described in the judgment of February 22, 2017 to wit: 2260 Stuart Street, Brooklyn, New York 11229 ("Premises") and to put Irina Herman and Anatoly Herman in possession of the premises forty (45) days from September 7, 2018. 9 10 of 17 FILED: KINGS COUNTY CLERK 10/03/2018 04:06 PM INDEX NO. 519884/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/03/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ....................................................................x Hon. Noach Dear, JSC FEDERAL NATIONA L MORTGAGE ASSOCIATION F/K/A JP MORGAN CHASE BANK ET AL Order with Notice of Entry Plainti ff. index#40275/2007 -Against - STEPHEN GRANT et al Defendants