Preview
FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF NEW YORK
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff, AMENDED
-vs- COMPLAINT
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH
DECEASED; BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
DOE" DOE"
"JOHN AND "JANE said Index No. 850145/2015
names being fictitious, itbeing the intention of
Plaintiff to designate any and alloccupants of premises
being foreclosed herein,
Defendants.
The plaintiff herein, by FEIN, SUCH & CRANE, LLP, itsattorneys, complains of the
defendants above named, and for its cause of action, alleges:
FIRST: The plaintiff, is a national association, duly licensed, organized and existing
pursuant to the laws of the United States of America, doing business in the State of New York.
SECOND: Upon information and belief, at all times hereinafter mentioned, the
A"
defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto
(any that are corporations being organized and existing under the laws of the State set forth
therein), and are made defendants in this action in the capacities and for the reasons alleged
therein.
THIRD: That the United States of America, the People of the State of New York, the
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State Tax Commission of the State of New York, the Industrial Commissioner of the State of
New York, and allother agencies or instrumentalities of the Federal, State or local government,
however designated, if named as defendants, are made parties solely by reason of the facts set
B."
forth in the annexed "Schedule
FOURTH: That heretofore, to secure a sum of money to the stated Lender, itssuccessor
and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a
certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators
and assigns, jointly and severally, in the amount of said sum, as more fully described in the
C,"
annexed "Schedule said schedule being a copy of the Lost Note Affidavit for the bond(s) or
note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to
plaintiff, together with the terms of repayment of said sum and rights of the plaintiff.
FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled
to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and
negotiated to Plaintiff. A copy of the Lost Note Affidavit evidencing Plaintiffs holder status is
annexed hereto as Schedule "C".
SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was
D,"
executed as annexed hereto in "Schedule acknowledged and delivered to the stated
Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors
bargained, granted and sold to the mortgagee named therein, its successors and assigns, the
premises more particularly described therein (hereinafter, the "Mortgaged Premises") under
certain conditions with rights, duties and privileges between the parties as described therein.
SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached. As such,
Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in
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Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject
Mortgage and Note pursuant to law.
EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due
thereon was duly paid in the County Clerk's Office at the place and time that appears therein.
NINTH: That Plaintiff has complied with all applicable provisions of the RPAPL
Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if
applicable, in securing the aforementioned indebtedness and at all times thereafter. In accordance
with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but
within the last 12 months. The 90 day notice was sent at least 90 days before the commencement
of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,
contained the statutorily dictated language and the addresses and phone numbers of at least five
US Department of Housing and Urban Development approved housing counseling agencies in
the region where the borrower resides and was mailed by registered or certified mail and first
class mail to the last known address of the borrower. Plaintiff has fully and completely complied
with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306
filing requirements in that the filing with the superintendent was completed within three (3)
business days of the mailing.
TENTH: That the defendant(s), SEAN P. MCGRATH A/K/A SEAN MCGRATH,
has failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions
of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other
charges, all as more fully described in "Schedule E".
ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the
mortgage(s) as more than thirty (30) days have elapsed since the date of default.
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E"
TWELFTH: That "Schedule sets forth the principal balance due and the date and rate
from which interest accrued and is owing from the defendant(s) default.
THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in
"Schedule or be compelled to the of this local assess-
E", may pay during pendency action, taxes,
ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,
and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to
the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the
Mortgaged Premises.
FOURTEENTH: That the defendants herein have or claim to have some interest in, or
lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued
subsequent to the lien of the plaintiffs mortgage(s).
FIFTEENTH: That the plaintiff is now the true and lawful holder of the said
bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a
mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there
have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or
mortgage(s) except for Index No. 850204/2017 and Index No. 102924/2010, which were
voluntarily discontinued without prejudice, and no such proceedings are currently pending.
SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made
part of the Complaint with the same force and effect as if they were completely and fully set forth
wherever reference is made to them herein.
SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released
or changed itselection herein by reason of any payment after the commencement of this action of
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any or all of the defaults mentioned herein and such election shall continue to be effective.
EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath.
NINETEENTH: These pleadings are being amended to include Mary McGrath, as
Administratrix to the estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings
are also being amended to include United States of America and New York State Department of
Taxation and Finance.
WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it
for principal, interest, costs and reasonable attorneys', fees ifprovided for in the bond(s), note(s)
or mortgage(s), and that the defendants, and any persons claiming by, through or under them
subsequent to the commencement of this action, and every other person or corporation whose
right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded
subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien,
interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,
or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts
due for principal, interest, costs, allowances and disbursements, together with any monies
advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),
note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of itsmortgage(s)
out of the proceeds from the sale thereof, with interest thereon from the respective dates of
attorneys'
payment thereof, costs and expenses of this action and reasonable fees, if provided for
in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said
payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this
Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged
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Premises with the usual powers and duties associated therewith; that the defendants whom
executed the Note and were not otheiwise released or discharged by bankruptcy be adjudged to
pay any remaining deficiency; and such other or further relief as may be just and equitable, unless
the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and
equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale by
virtue of itsposition as a judgment or other lien creditor, excluding the mortgage(s) foreclosed
herein.
DATED: September 2018 4 /C
,
Mark K Broyles, q.
FE1N, SUCH & CRAN LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585)232-7400
QCHC1458
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"A" -
SCHEDULE DEFENDANTS
DEFENDANTS CAPACITY
Mary McGrath, As Administratix to the Record Owner(s) and obligor under the Bond
Estate of Sean P. McGrath a/k/a Sean secured by the Mortgage recorded on
McGrath a/k/a Sean Patrick McGrath, 08/20/1996 in Reel 2358 Page 1216, as
deceased assigned in CRFN 2016000449254, as
145 East 48th Street, Unit 18A, administratrix of The Estate of Sean Patrick
New York, NY 10017 McGrath a/k/a Sean P. McGrath a/k/a Sean
McGrath.
Alternate Address:
305 Lexington Ave PH A ----------------------------------------------------
New York, NY 10016
Heir to The Estate of Sean Patrick McGrath
a/k/a Sean P. McGrath a/k/a Sean McGrath.
Board of Managers of The Possible Subordinate Lienor by virtue of
Cosmopolitan Condominium numerous Liens of Unpaid Common Charges
145 East 48th Street, against Sean P. McGrath aka Sean McGrath, as
New York, NY 10017 set out in Schedule "A-1".
________________.____________ __________
Possible Subordinate Lienor by virtue of any
other unpaid common and/or maintenance
charges, if owed.
John Doe and Jane Doe Said names being fictitious, itbeing the
intention of Plaintiff to designate any and all
occupants of premises being foreclosed herein.
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"A-1"
SCHEDUll
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page of
is part the instrument The City
Registerwillrelyon theinformation provided
by you on thispage forpurposes ofindexing
thisinsinunent 'Iheinformationon this page
willcontrolforindexing purposes in the event
of anyconflictwith the document.
the rest of
DING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3
Document ID: Document Date: 12-12-2012 Preparation Date: 12-13-2012
Document Type: LIEN OF COMMON CHARGES
Document Page Count: 2
PRESENTER: RETURN TO:
STIEFEL & COHEN STIEFEL & COHEN
770 LEXINGTON AVENUE 770 LEXINGTON AVENUE
6TH FLOOR 6TH FLOOR
NEW YORK, NY 10065 NEW YORK, NY 10065
212-755-2800 212-755-2800
PROPERTY DATA
Borough Block Lot Unit Address
MANTIATTAN 1303 1018 Entire Lot 18A 145 EAST 48T1I STREET
Property Type: SINGLE RESIDENTIAL CONDO UNIT
CROSS REFERENCE DATA
CRFN or Document ID or Year Reel Paee or File Number
PARTIES
PARTY ONE/DEBTOR: PARTY TWO/SECURED PA:
SEAN MCGRATH BD OF MNGRS OF TIII COSMOPOLITAN
145 EAST 48TH STREET CONDOMINIUM
NEW YORK, NY 10017 145 EAST 48TH STREET
NEW YORK, NY 10017
FEES AND TAXES
Mortgage 1 ilingFee:
Mortgage Amount: .S 0.00 S 0.00
Taxable Morteaue Amount: S 0,00 NYC Real Property Transfer Tax:
lixemption: S 0.00
TAXIES: County (Basic): S 0.00 NYS Real Estate Transfer Tax:
City (Additional): .S 0.(X) S 0,00
Spee (Additional). S 0.00 RECORDED OR FILED IN THE OFFICE
TASF: S 0.00 ,ct %, OF THE CITY REGISTER OF THE
MTA: S 0.00 CITY OF NEW Y ORK
NYCTA: s 0.00 Recorded/lriled 12-19-201214:56
Additional MRT: 5 0.00 , CityRegisterFDe No,(CRFN):
TOTAl : S 0.(X) . 2012000497057
Recording Fee: .5 47.00 ""lif .
Affidavit Fee: S 0.00
City Register (),[ficial
Signature
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I
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019
NOTICE UNDER THE CONDOMINIUM ACT
FOR
UNPAID COMMON CHARGES
l
To the clerk of the County of New York, State of New York, and all others whom itmay concern:
t
PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan
Condominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as
lienor has and claims a lien on the condominium unit described as follows:
(1.) The names (ifany) and address of the property is The Cosmopolitan CollUollllllium,
145 East 48th Street, New York, New York.
(2.) The liberof record of the declaration is:liber 1061; page 1149.
(3.) The name of the record owner of the unit is:Sean McGrath.
(4.) The unit designation is: 18A.
(5.) The amount and purpose for which due is: amount $1,462.28; Purpose: common
charges; late fees and assessments.
I
(6.) The date when due is from various due dates, the last of which was December 1,
2012.
1
Dated: New York, New York
December !~2012 THE BOARD OF MANAGERS (LIENOR)
of
THE COSMOPOLITAN C DOMINIUM
BLOCK: 1303
LOT: 1018 By:
Vl TOR KAVY, ildi Manager
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
VICTOR KAVY, being duly sworn deposes and says:
I
Deponent has read the foregoing notice of lien and knows the contents thereof, and that the
same is true to deponent's own knowledge, except as to the matters therein stated to be alleged
upon information and belief, and that as to those matters deponent believes itto be true. The
reason why this verification is made by deponent is that deponent is the Building Manager for the
Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and
circumstances herein.
VICTOR KAVY, ildin Manager
Sworn o before me-Ni
day o D cember 2012.
uL/r1~Public
Notar Public,
NO.
State
01DE6"
of New
08830
York
otary Qualifiedin Bronx County
'
Commission Expires 07/13/20K~.
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ACKNOWLEDGMENT
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
On this day of December in the year 2012, before me, the undersigned,
personally appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the vidual(s) ac ex d the instrument.
ign ture and Office of Individual
t i g acknowledgment
Jennilee De Leon
Notary Public,StateofNew York
NO. 01DE6208830
Qu alif
ed in Bronx County
Commission Expires07/13/203 ·
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page of
is part the instrument.The City
Registerwillrely on theinformationprovided
by you on thispage forpurposes ofindexing
thisinstrument.The informationon thispage
willcontrolforindexing pmposes inthe event
of anyconflictwiththe rest of
the document.
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3
Document ID: 015 Preparation Date: 04-20-2015
Document Type: L1EN OF COM.MON CHARGES
Document Page Count: 2
PRESENTER: RETURN TO:
STIEFEL COHEN & FOOTE, P.C. STIEFEL COHEN & FOOTE, P.C.
770 LEXINGTON AVENUE 770 LEXINGTON AVENUE
6TH FLOOR 6TH FLOOR
NEW YORK, NY 10065 NEW YORK, NY 10065
212-755-2800 212-755-2800
PROPERTY DATA
Borough Block Lot Unit Address
MANHATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET
Property Type: SINGLE RESIDENTIAL CONDO UNIT
CROSS REFERENCE DATA
CRFN or DocumentlD or Year Page or File Number
Reel____
PARTIES
PARTY ONE/DEBTOR: PARTY TWO/SECURED PA:
SEAN MCGRATH BD OF MNGRS OF THE COSMOPOLITAN
145 EAST 48TH STREET CONDOMINIUM
NEW YORK, NY 10017 145 EAST 48TH STREET
NEW YORK, NY 10017
FEES AND TAXES
Mortgage : FilingFee:
Mortgage Amount: $ 0,00 $ 0.00
Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax:
City (Additional): $ 0.00 $ 0.00
Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE
TASF: $ 0.00
w? OF THE CITY REGISTER OF THE
MTA: $ 0.00
CITY OF.NEW YORK
NYCTA: $ 0.00
Recorded/Filed 04-30-2015 14:29
Additional MRT: $ 0.00
. City File
Register No.(CRFN):
TOTAL: $ 0.00 2015000145358
Recording Fee: $ 47.00 . -. .
Affidavit Fee: S 0.00
City Register ()gicial Signature
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NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019
.
NOTICE UNDER THE CONDOMINIUM ACT
FOR
UNPAID COMMON CHARGES
Tp the clerk of the County of New York, State of New York, and allothers whom itmay concern:
PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan
Gondominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as
lienor has and claims a lien on the condominium unit described as follows:
(1.) The names (ifany) and address of the property is The Cosmopolitan Condominium,
145 East 48th Street, New York, New York.
(2.) The liber of record of the declaration is:liber 1061; page 1149.
(3.) The name of the record owner of the unit is:Sean McGrath.
. (4.) The unit designation is: 18A.
(5.) The amount and purpose for which due is: amount §1,121.21;; Purpose: common
charges; late fees and assessments.
(6.) The date when due is from various due dates, the last of which was April 1, 2015.
Dated: New Yo k, New York
April __, 2015 THE BOARD OF MANAGERS (LIENOR)
of
THE COSMOPOLITAN C NIUM
BLOCK: 1303
LOT: 1018 By:
VICTOR KAVY, Buil n anager
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
VICTOR KAVY, being duly sworn deposes and says:
. Deponent has read the foregoing notice of lien and knows the contents thereof, and that the
same is true to deponent's own knowledge, except as to the matters therein stated to be a!!eged
upon information and belief, and that as to those matters deponent believes itto be true. The
re'ason why this verification is made by deponent is that deponent is the Building Manager for the
Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and
circumstances herein.
VICTOR KAVY, Bui ing Man er
Sworn to before me this
dáy of Apri
Not Marcia L Dwyershaw
Nolary Pubnc-Stateof New York
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ACKNOWLEDGMENT
STATE OF NEW YORK )
)ss.:
COUNTY OF NEW YORK )
On this Ú day of April in the year 2015, before me, the undersigned, personally
appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory evidence to be
the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
ud
t
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NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER
This page is part
of The
the instrument. City
Registerwill relyon theinformationprovided
by you on thispage forpmposes ofindexing
thisinstrument.The informationon thispage
willcontrolforindexing purposes inthe event
of anyconflictwiththe restofthe document.
RECORDING AND ENDORSEME NT COV ER PAGE PAGE I OF 3
Document Date: 03-04-2016 Preparation Date: 03-08-2016
Document Page Count: 2
PRESENTER: RETURN TO:
STIEFEL COHEN & FOOTE, P.C. STIEFEL COHEN & FOOTE, P.C.
770 LEXINGTON AVENUE 770 LEXfNGTON AVENUE
6TH FLOOR 6TH FLOOR
NEW YORK, NY 10065 NEW YORK, NY 10065
212-755-2800 212-755-2800
PROPERTY DATA
Borough Block Lot Unit Address
MANHATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET
Property Type: SINGLE RESIDENTIAL CONDO UNIT
CROSS REFERENCE DATA
CRFN or DocumentlD or Year Page or File Number
Reel__
PARTIES
PARTY ONE/DEBTOR: PARTY TWO/SECURED PA:
SEAN P. MCGRATIl 13D OF MNGRS OF THE COSMOPOLITAN
145 EAST 48Tll STREET, APT. 18A CONDOMINIUM
NEW YORK, NY 10017 145 EAST 48TH STREET
NEW YORK, NY 10017
FEES AND TAXES
Mortgage : Filing Fee:
Mortgage Amount: $ 0.00 $ 0.00
Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax:
Exemption: $ 0.00
TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax:
City (Additional): $ 0.00 $ 0.00
Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE
TASF: $ 0.00
F THE CIT
Preview
FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF NEW YORK JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, AMENDED -vs- COMPLAINT MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH DECEASED; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; DOE" DOE" "JOHN AND "JANE said Index No. 850145/2015 names being fictitious, itbeing the intention of Plaintiff to designate any and alloccupants of premises being foreclosed herein, Defendants. The plaintiff herein, by FEIN, SUCH & CRANE, LLP, itsattorneys, complains of the defendants above named, and for its cause of action, alleges: FIRST: The plaintiff, is a national association, duly licensed, organized and existing pursuant to the laws of the United States of America, doing business in the State of New York. SECOND: Upon information and belief, at all times hereinafter mentioned, the A" defendant(s) reside or conduct business at the address set forth in "Schedule annexed hereto (any that are corporations being organized and existing under the laws of the State set forth therein), and are made defendants in this action in the capacities and for the reasons alleged therein. THIRD: That the United States of America, the People of the State of New York, the 1 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 State Tax Commission of the State of New York, the Industrial Commissioner of the State of New York, and allother agencies or instrumentalities of the Federal, State or local government, however designated, if named as defendants, are made parties solely by reason of the facts set B." forth in the annexed "Schedule FOURTH: That heretofore, to secure a sum of money to the stated Lender, itssuccessor and assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, a certain bond(s) or note(s) whereby they bound their successors or heirs, executors, administrators and assigns, jointly and severally, in the amount of said sum, as more fully described in the C," annexed "Schedule said schedule being a copy of the Lost Note Affidavit for the bond(s) or note(s), or accurate reference to the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms of repayment of said sum and rights of the plaintiff. FIFTH: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitled to enforce the Note. The Note was payable to Plaintiff or indorsed (specifically or in blank) and negotiated to Plaintiff. A copy of the Lost Note Affidavit evidencing Plaintiffs holder status is annexed hereto as Schedule "C". SIXTH: That as security for the payment of said indebtedness, a Mortgage(s) was D," executed as annexed hereto in "Schedule acknowledged and delivered to the stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor or mortgagors bargained, granted and sold to the mortgagee named therein, its successors and assigns, the premises more particularly described therein (hereinafter, the "Mortgaged Premises") under certain conditions with rights, duties and privileges between the parties as described therein. SEVENTH: The Mortgage is currently held by Plaintiff. Copies are attached. As such, Plaintiff is current beneficiary of the Mortgage securing the Note, the originals of which are in 2 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 Plaintiffs possession and control, and Plaintiff is otherwise entitled to enforce the subject Mortgage and Note pursuant to law. EIGHTH: That said mortgage(s) was duly recorded and the mortgage tax(es) due thereon was duly paid in the County Clerk's Office at the place and time that appears therein. NINTH: That Plaintiff has complied with all applicable provisions of the RPAPL Section 1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m if applicable, in securing the aforementioned indebtedness and at all times thereafter. In accordance with RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago but within the last 12 months. The 90 day notice was sent at least 90 days before the commencement of this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type, contained the statutorily dictated language and the addresses and phone numbers of at least five US Department of Housing and Urban Development approved housing counseling agencies in the region where the borrower resides and was mailed by registered or certified mail and first class mail to the last known address of the borrower. Plaintiff has fully and completely complied with the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306 filing requirements in that the filing with the superintendent was completed within three (3) business days of the mailing. TENTH: That the defendant(s), SEAN P. MCGRATH A/K/A SEAN MCGRATH, has failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions of principal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or other charges, all as more fully described in "Schedule E". ELEVENTH: That plaintiff elects herein to call due the entire amount secured by the mortgage(s) as more than thirty (30) days have elapsed since the date of default. 3 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 E" TWELFTH: That "Schedule sets forth the principal balance due and the date and rate from which interest accrued and is owing from the defendant(s) default. THIRTEENTH: That in order to protect its security, the plaintiff has paid, if set forth in "Schedule or be compelled to the of this local assess- E", may pay during pendency action, taxes, ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises, and hereby requests that any sums paid by itfor said purposes, with interest thereon, be added to the sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on the Mortgaged Premises. FOURTEENTH: That the defendants herein have or claim to have some interest in, or lien upon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the plaintiffs mortgage(s). FIFTEENTH: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s) and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject mortgage and note; and there have been no prior proceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) except for Index No. 850204/2017 and Index No. 102924/2010, which were voluntarily discontinued without prejudice, and no such proceedings are currently pending. SIXTEENTH: That Schedules "A", "B", "C", "D", and "E", be incorporated and made part of the Complaint with the same force and effect as if they were completely and fully set forth wherever reference is made to them herein. SEVENTEENTH: The plaintiff shall not be deemed to have waived, altered, released or changed itselection herein by reason of any payment after the commencement of this action of 4 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 any or all of the defaults mentioned herein and such election shall continue to be effective. EIGHTEENTH: Sean P. McGrath is also known as Sean McGrath. NINETEENTH: These pleadings are being amended to include Mary McGrath, as Administratrix to the estate of Sean P. McGrath a/k/a Sean McGrath, deceased. These pleadings are also being amended to include United States of America and New York State Department of Taxation and Finance. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due it for principal, interest, costs and reasonable attorneys', fees ifprovided for in the bond(s), note(s) or mortgage(s), and that the defendants, and any persons claiming by, through or under them subsequent to the commencement of this action, and every other person or corporation whose right, title,conveyance or encumbrance of the Mortgaged Premises is subsequent or recorded subsequent to the plaintiffs interest, be forever barred and foreclosed of all right, claim, lien, interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises, or part thereof, be decreed to be sold according to law as may be necessary to raise the amounts due for principal, interest, costs, allowances and disbursements, together with any monies advanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s), note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of itsmortgage(s) out of the proceeds from the sale thereof, with interest thereon from the respective dates of attorneys' payment thereof, costs and expenses of this action and reasonable fees, if provided for in the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits said payment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that this Court, if requested, forthwith appoint a Receiver of the rents and profits of the Mortgaged 5 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 Premises with the usual powers and duties associated therewith; that the defendants whom executed the Note and were not otheiwise released or discharged by bankruptcy be adjudged to pay any remaining deficiency; and such other or further relief as may be just and equitable, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. The plaintiff hereby reserves itsright to share in surplus monies from the sale by virtue of itsposition as a judgment or other lien creditor, excluding the mortgage(s) foreclosed herein. DATED: September 2018 4 /C , Mark K Broyles, q. FE1N, SUCH & CRAN LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585)232-7400 QCHC1458 6 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 "A" - SCHEDULE DEFENDANTS DEFENDANTS CAPACITY Mary McGrath, As Administratix to the Record Owner(s) and obligor under the Bond Estate of Sean P. McGrath a/k/a Sean secured by the Mortgage recorded on McGrath a/k/a Sean Patrick McGrath, 08/20/1996 in Reel 2358 Page 1216, as deceased assigned in CRFN 2016000449254, as 145 East 48th Street, Unit 18A, administratrix of The Estate of Sean Patrick New York, NY 10017 McGrath a/k/a Sean P. McGrath a/k/a Sean McGrath. Alternate Address: 305 Lexington Ave PH A ---------------------------------------------------- New York, NY 10016 Heir to The Estate of Sean Patrick McGrath a/k/a Sean P. McGrath a/k/a Sean McGrath. Board of Managers of The Possible Subordinate Lienor by virtue of Cosmopolitan Condominium numerous Liens of Unpaid Common Charges 145 East 48th Street, against Sean P. McGrath aka Sean McGrath, as New York, NY 10017 set out in Schedule "A-1". ________________.____________ __________ Possible Subordinate Lienor by virtue of any other unpaid common and/or maintenance charges, if owed. John Doe and Jane Doe Said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein. 7 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 "A-1" SCHEDUll 8 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page of is part the instrument The City Registerwillrelyon theinformation provided by you on thispage forpurposes ofindexing thisinsinunent 'Iheinformationon this page willcontrolforindexing purposes in the event of anyconflictwith the document. the rest of DING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3 Document ID: Document Date: 12-12-2012 Preparation Date: 12-13-2012 Document Type: LIEN OF COMMON CHARGES Document Page Count: 2 PRESENTER: RETURN TO: STIEFEL & COHEN STIEFEL & COHEN 770 LEXINGTON AVENUE 770 LEXINGTON AVENUE 6TH FLOOR 6TH FLOOR NEW YORK, NY 10065 NEW YORK, NY 10065 212-755-2800 212-755-2800 PROPERTY DATA Borough Block Lot Unit Address MANTIATTAN 1303 1018 Entire Lot 18A 145 EAST 48T1I STREET Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or Document ID or Year Reel Paee or File Number PARTIES PARTY ONE/DEBTOR: PARTY TWO/SECURED PA: SEAN MCGRATH BD OF MNGRS OF TIII COSMOPOLITAN 145 EAST 48TH STREET CONDOMINIUM NEW YORK, NY 10017 145 EAST 48TH STREET NEW YORK, NY 10017 FEES AND TAXES Mortgage 1 ilingFee: Mortgage Amount: .S 0.00 S 0.00 Taxable Morteaue Amount: S 0,00 NYC Real Property Transfer Tax: lixemption: S 0.00 TAXIES: County (Basic): S 0.00 NYS Real Estate Transfer Tax: City (Additional): .S 0.(X) S 0,00 Spee (Additional). S 0.00 RECORDED OR FILED IN THE OFFICE TASF: S 0.00 ,ct %, OF THE CITY REGISTER OF THE MTA: S 0.00 CITY OF NEW Y ORK NYCTA: s 0.00 Recorded/lriled 12-19-201214:56 Additional MRT: 5 0.00 , CityRegisterFDe No,(CRFN): TOTAl : S 0.(X) . 2012000497057 Recording Fee: .5 47.00 ""lif . Affidavit Fee: S 0.00 City Register (),[ficial Signature 9 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 I NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 NOTICE UNDER THE CONDOMINIUM ACT FOR UNPAID COMMON CHARGES l To the clerk of the County of New York, State of New York, and all others whom itmay concern: t PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan Condominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as lienor has and claims a lien on the condominium unit described as follows: (1.) The names (ifany) and address of the property is The Cosmopolitan CollUollllllium, 145 East 48th Street, New York, New York. (2.) The liberof record of the declaration is:liber 1061; page 1149. (3.) The name of the record owner of the unit is:Sean McGrath. (4.) The unit designation is: 18A. (5.) The amount and purpose for which due is: amount $1,462.28; Purpose: common charges; late fees and assessments. I (6.) The date when due is from various due dates, the last of which was December 1, 2012. 1 Dated: New York, New York December !~2012 THE BOARD OF MANAGERS (LIENOR) of THE COSMOPOLITAN C DOMINIUM BLOCK: 1303 LOT: 1018 By: Vl TOR KAVY, ildi Manager STATE OF NEW YORK, COUNTY OF NEW YORK ss.: VICTOR KAVY, being duly sworn deposes and says: I Deponent has read the foregoing notice of lien and knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes itto be true. The reason why this verification is made by deponent is that deponent is the Building Manager for the Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and circumstances herein. VICTOR KAVY, ildin Manager Sworn o before me-Ni day o D cember 2012. uL/r1~Public Notar Public, NO. State 01DE6" of New 08830 York otary Qualifiedin Bronx County ' Commission Expires 07/13/20K~. 10 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) On this day of December in the year 2012, before me, the undersigned, personally appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the vidual(s) ac ex d the instrument. ign ture and Office of Individual t i g acknowledgment Jennilee De Leon Notary Public,StateofNew York NO. 01DE6208830 Qu alif ed in Bronx County Commission Expires07/13/203 · 11 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page of is part the instrument.The City Registerwillrely on theinformationprovided by you on thispage forpurposes ofindexing thisinstrument.The informationon thispage willcontrolforindexing pmposes inthe event of anyconflictwiththe rest of the document. RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 3 Document ID: 015 Preparation Date: 04-20-2015 Document Type: L1EN OF COM.MON CHARGES Document Page Count: 2 PRESENTER: RETURN TO: STIEFEL COHEN & FOOTE, P.C. STIEFEL COHEN & FOOTE, P.C. 770 LEXINGTON AVENUE 770 LEXINGTON AVENUE 6TH FLOOR 6TH FLOOR NEW YORK, NY 10065 NEW YORK, NY 10065 212-755-2800 212-755-2800 PROPERTY DATA Borough Block Lot Unit Address MANHATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or DocumentlD or Year Page or File Number Reel____ PARTIES PARTY ONE/DEBTOR: PARTY TWO/SECURED PA: SEAN MCGRATH BD OF MNGRS OF THE COSMOPOLITAN 145 EAST 48TH STREET CONDOMINIUM NEW YORK, NY 10017 145 EAST 48TH STREET NEW YORK, NY 10017 FEES AND TAXES Mortgage : FilingFee: Mortgage Amount: $ 0,00 $ 0.00 Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax: City (Additional): $ 0.00 $ 0.00 Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 w? OF THE CITY REGISTER OF THE MTA: $ 0.00 CITY OF.NEW YORK NYCTA: $ 0.00 Recorded/Filed 04-30-2015 14:29 Additional MRT: $ 0.00 . City File Register No.(CRFN): TOTAL: $ 0.00 2015000145358 Recording Fee: $ 47.00 . -. . Affidavit Fee: S 0.00 City Register ()gicial Signature 12 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 . NOTICE UNDER THE CONDOMINIUM ACT FOR UNPAID COMMON CHARGES Tp the clerk of the County of New York, State of New York, and allothers whom itmay concern: PLEASE TAKE NOTICE that the undersigned Board of Managers of The Cosmopolitan Gondominium, 145 East 48th Street, New York, New York 10017, on behalf of the unit owners, as lienor has and claims a lien on the condominium unit described as follows: (1.) The names (ifany) and address of the property is The Cosmopolitan Condominium, 145 East 48th Street, New York, New York. (2.) The liber of record of the declaration is:liber 1061; page 1149. (3.) The name of the record owner of the unit is:Sean McGrath. . (4.) The unit designation is: 18A. (5.) The amount and purpose for which due is: amount §1,121.21;; Purpose: common charges; late fees and assessments. (6.) The date when due is from various due dates, the last of which was April 1, 2015. Dated: New Yo k, New York April __, 2015 THE BOARD OF MANAGERS (LIENOR) of THE COSMOPOLITAN C NIUM BLOCK: 1303 LOT: 1018 By: VICTOR KAVY, Buil n anager STATE OF NEW YORK, COUNTY OF NEW YORK ss.: VICTOR KAVY, being duly sworn deposes and says: . Deponent has read the foregoing notice of lien and knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be a!!eged upon information and belief, and that as to those matters deponent believes itto be true. The re'ason why this verification is made by deponent is that deponent is the Building Manager for the Board of Managers of The Cosmopolitan Condominium and deponent is familiar with the facts and circumstances herein. VICTOR KAVY, Bui ing Man er Sworn to before me this dáy of Apri Not Marcia L Dwyershaw Nolary Pubnc-Stateof New York 13 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss.: COUNTY OF NEW YORK ) On this Ú day of April in the year 2015, before me, the undersigned, personally appeared VICTOR KAVY, known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ud t 14 of 66 FILED: NEW YORK COUNTY CLERK 02/11/2019 11:24 AM INDEX NO. 850145/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 02/11/2019 NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of The the instrument. City Registerwill relyon theinformationprovided by you on thispage forpmposes ofindexing thisinstrument.The informationon thispage willcontrolforindexing purposes inthe event of anyconflictwiththe restofthe document. RECORDING AND ENDORSEME NT COV ER PAGE PAGE I OF 3 Document Date: 03-04-2016 Preparation Date: 03-08-2016 Document Page Count: 2 PRESENTER: RETURN TO: STIEFEL COHEN & FOOTE, P.C. STIEFEL COHEN & FOOTE, P.C. 770 LEXINGTON AVENUE 770 LEXfNGTON AVENUE 6TH FLOOR 6TH FLOOR NEW YORK, NY 10065 NEW YORK, NY 10065 212-755-2800 212-755-2800 PROPERTY DATA Borough Block Lot Unit Address MANHATTAN 1303 1018 Entire Lot 18A 145 EAST 48TH STREET Property Type: SINGLE RESIDENTIAL CONDO UNIT CROSS REFERENCE DATA CRFN or DocumentlD or Year Page or File Number Reel__ PARTIES PARTY ONE/DEBTOR: PARTY TWO/SECURED PA: SEAN P. MCGRATIl 13D OF MNGRS OF THE COSMOPOLITAN 145 EAST 48Tll STREET, APT. 18A CONDOMINIUM NEW YORK, NY 10017 145 EAST 48TH STREET NEW YORK, NY 10017 FEES AND TAXES Mortgage : Filing Fee: Mortgage Amount: $ 0.00 $ 0.00 Taxable Mortgage Amount: $ 0.00 NYC Real Property Transfer Tax: Exemption: $ 0.00 TAXES: County (Basic): $ 0.00 NYS Real Estate Transfer Tax: City (Additional): $ 0.00 $ 0.00 Spec (Additional): $ 0.00 RECORDED OR FILED IN THE OFFICE TASF: $ 0.00 F THE CIT