FILED: BRONX COUNTY CLERK 12/18/ :34 AM INDEX NO /2016E NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 12/18/2017

Transcription

1

2 FILED: ~ BRONX COUNTY NYSCEF DOC. NO. 61 CLERK 08/03/ :11o INDEX AM RECEIVED NYSCEF: NO /2016E 12/18/2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/03/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X LIGHTHOUSE REAL ESTATE ACQUISITION LLC, CPLR NOTICE Plaintiffs, Index No.: 22908/2016E -against- SALLIE A. LAWSON, et al. Defendant x To: Sallie A. Lawson at: 200 W. 131*t 131 Street Apt. 8D New York, NY PLEASE TAEE NOTICE that annexed hereto, as Exhibit "A", is a copy of the Summons and Complaint in the above referenced action which has been served upon Defendant Sallie A. Lawson. Dated: Huntington, New York August 1, 2016 Charles R. Cuneo, P.C : Charles R. Cuneo Attorneys for Plaintiffs 82 Main Street, Suite 200 Huntington, New York of 20

3 . p I EXHIBIT A 2 of 20

4 SUPREME COURT OF THE STATE OFNEW YORK COUNTY OF BRONX x LIGHTHOUSE REAL ESTATE ACQUISITl0N LLC -against- Plaintiff/Petitioner, Index No. gg gdp gojgm SALLIE A. LAWSON, DEPARTMENT OF HOUSING PRESERVATION 8 DEVELOPMeNT.OF THE CITY OF x Defendant/Respondent. NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that the matter captioned above has been commenced hs an electronically filed case in the New York State Courts Electronic.Filing System ("NYSCEF") as required by CPLR 2111 and Uniform Rule b (consensual electronic filing). This notice is being served as required by that rule. is' NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants.who have consented to electronic filing Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. 1) Parties represented by an attorney: An attorney representing a party who is served with this Notice must promptly either consent or decline consent to electronic filing and service through NYSCEF for this case.. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attomeys not registered with NYSCEF but intending to participate in e-filfrig must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to Attorneys declining to consent must file ' with the court and serve on all parties of record a declination of consent. 2) Parties not represented by an attorney: Unrepresented IItigants are exempt from e- filing. They can serve and file all documents in paper form and must be served with all documents in paper form. However, an unrepresented litigant may consent to participate in e-filing. Index 0 Page 1 of 2. EF-3 3 of 20

5 For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or v.isit cov/efileunrepresented. Unrepresented litigants also are encouraged to visit or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and.to create a NYSCE F account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efiles.nvcourts.aov). Dated: 04/28/2016 Signature CHARLES Name R CUNEO CHARLES R. CUNEO, P.C. Firm Name 82 Main Street, Suite 200 Address Huntington, NY City, State, and Zip Phone charles@cuneolegal.com To: 4 /K ddt/im 4/ Cshmd 8 thenuo 6 Ant) f/ d T yn Index 0 Page 2 of 2 EF-3 4 of 20

6 For information on how to participate in e-filing, unrepresented litigants should contact t' the appropriate clerk in the court where the action was filed or visit gov/efileunrepresented. Unrepresented litigants also are encouraged to visit or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efile@nycourts.gov). Dated: 04/28/2016 Signature CHARLES R. CUNEO Name CHARLES R. CUNEO, P.C. Firm Name 82 Main Street, Suite 200 Address Huntington, NY City, State, and Zip Phone charles@cuneolegal.com To: Department of Housing 100 Gold Street New York, NY Preservation 8 Development New York City Environmental Control Board John St., 10 Floor New York, NY of 20

7 information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit gov/efileunrepresented. Unrepresented litigants also are encouraged to visit or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efile@nycourts.qov).. Dated: 04/28/2016 Signature CHARLES R. CUNEO Name CHARLES R. CUNEO, P.C. Firm Name 82 Main Street, Suite 200 Address Huntington, NY City, State, and Zip Phone charles@cuneolegal.com To: New York City Parking NYC Dept. of Finance 2nd 66 John Street, 2 Floor New York, NY Violations Bureau Nosa Ugiagbe 483 Commonwealth Ave., Apt. 1 Bronx, NY John Doe #1 through # Jennings Street Bronx, NY of 20

8 IFILED: BRONX COUNTY CLERK 04/28/ :52 PM - INDEX NO /2016E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/28/2016 CQMMERCXM' COMMERCIAL FORECLOSURE NOT AN OWNER OCCUPIED 1-4 FAMILY RESIDENCE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ,------x xx LIGHTHOUSE REAL ESTATE ACQUISITION LLC, Plaintiff, r Index Date No. Purchased PQ"r,.~/~,i~ ~ ~~PA~~ >r' 4'~ ops /4 -against- SUMMONS SALLIE A. LAWSON, r DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT OF THE CITY OF NEW YORK, NEW YORK CITY ENVIRONMENTAL CONTROL '~J BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NOSA UGIAGBE, and "JOHN #1" DOE through "JOHN DOE 410 the last 10 names fictitious and unknown to being Plaintiff, the person or parties intended being the person or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants x X ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO THE ABOVE NAMED DEFENDANT(S) : YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer or, if the Complaint is not served with this Summons, to serve a Notice of Appearance on the attorneys for the plaintiff within twenty (20) days after 1 1 of 12 7 of 20

9 .... service of this Summons, exclusive of the day of service; or days' within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York; or within sixty if it is the United States of America. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. NOTICE OF NATURE OF ACTION RELIEF SOUGHT THE OBJECT of the above captioned action is to foreclose a Mortgage made to secure $482, and interest, dated August 7, 2007, and recorded in the Office of the C3.ty Register, Bronx County, on September 18, 2007 in CRFN , covering the premises known as 927 Jennings Street, Bronx, New York. The relief sought in the within action is a final judgment directing the sale of premises described above to satisfy the debt secured by the Mortgage described above. 2 2 of 12 8 of 20

10 Plaintiff designates Bronx County as the place of trial. Venue is based upon the County in which the mortgaged premises is situated. Dated: April 15, 2016 Huntington, New York -- Cuneo,' Charles R. Cuneo, Esq. Charles R. Cuneo, P.C. Attorneys for Plaintiff 82 Main Street, Suite 200 Huntington, NY (631) TO: Sallie A. Lawson 61 Calumet Avenye Oakland, NJ Department of Housing. Preservation & Development 100 Gold Street New York, NY New York City Environmental Control Board New York City Parking Violations Bureau Nosa Ugiagbe 3 3 of 12 9 of 20

11 COMMERCIAL FORECLOSURE NOT AN OWNER OCCUPIED 1-4 FAMILY RESIDENCE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x x LIGHTHOUSE REAL ESTATE ACQUISITION LLC,. Index Plaintiff, Date No. ~~ ~~ ~J~ ~ i~ ~ Purchased y/>+ j>. -against- VERIFIED COMPLAINT SALLIE A. LAWSON, DEPARTMENT OF HOUSING PRESERVATION & DEVELOPMENT OF THE CITY. OF NEW YORK, NEW YORK CITY ENVIRONMENTAL Premises: CONTROL BOARD, NOSA UGIAGBE, and "JOHN 927 Jennings Street #1" 10" DOE through "JOHN DOE 4 the last Bronx, New York 10 names being fictitious and unknown to Plaintiff, the persons or parties intended being the person or parties, if any, having or mortgaged' claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants x Plaintiff Lighthouse. Real Estate Acquisition LLC Lighthouse" ("Lighthouse"), by its attorneys, Charles R. Cuneo, P.C., as and for its Complaint respectfully alleges as follows: I. PARTIES A. At all times hereinafter mentioned Lighthouse was and still is a limited liability company pursuant to the Laws of the State of New York, organized arid existing and the current holder of a note in the original principal amount of $482, (the "Note" "Note") secured by a mortgage (the "Mortgage") against premises located at and known as 927 Jennings Street, Bronx, New York (the "Premises"). "Premises" B. Defendant Sallie A. Lawson ("Lawson") is an individual the 4 of of 20

12 residing at 61 Calumet Avenue, Oakland, New Jersey and at all times hereinafter mentioned was, and still is, the owner of the Premises and the obligor on the Note and Mortgage. C. The Department of Housing Preservation & Development of the City of New York and the New York City Environmental Control Board, and all other agencies or instrumentalities of the Federal (the United States of America), State or local government (by whatever name designated), if made parties to this action and if appearing in the caption are made parties solely by reason of their judgments as hereinafter set forth and filed in the amount set forth or by virtue of any estate taxes. D. Nosa Ugiagbe and all other named defendants and "John Does" have or may claim to have some interest in, or lien upon said mortgaged Premises or some part thereof, which interest or lien, if any, accrued subsequent to the lien of the Mortgage. II.. STA1 DING. A. The Note was executed, made and delivered by Lawson to The First National Bank of Island ("FNBLI") on August 7 Long B. As security for the payment of the Note, on August 7, 2007, Lawson made, executed and delivered to the Mortgage to FNBLI, which Mortgage was recorded in the office of the Register of the City of New York, County of Bronx, that being the County wherein the Premises is situated, on September 18, 2007, in CRFN , and all applicable mortgage taxes were recording duly paid at the time of recording. 2 5 of of 20

13 .. C. On June 3, 2015, both the Note and Mortgage were assigned by FNBLI to Lighthouse, and Lighthouse remains the owner and holder of both the Note and Mortgage. III. LAWSON'S'NON-PAIMENT A. Lawson failed to comply with the terms, covenants and conditions of the Note by defaulting in the payment of the monthly installment which came due on June 1, 2010, and has made only sporadic and partial payments..since that date. B. Lighthouse was not required to provide Lawson with a ninety (90) day default notice as provided for by R.P.A.P.L or any other notice pertaining to residential foreclosures because the Premises consists of five (5) apartments, none of which are occupied by Lawson, and stores. C. The following amounts are now due and owing on the Note and Mortgage, no part of which has been paid although duly demanded: the unpaid principal balance of $459,107.67, together with accrued interest at the default rate provided for in the Note, escrow deficiencies, late charges and legal fees. D..ByBy. reason of the default in the payment of the monthly installment of principal and interest, among other things, as hereinabove set forth, Lighthouse elects to, and hereby does, accelerate the Mortgage and declare the entire indebtedness due on the Note immediately due and payable. E. The Mortgage provides for the payment of counsel fees incurred by the holder of the Mortgage in any action to foreclose same. Lighthouse has incurred and will incur counsel fees until 3 6 of of 20

14 the termination of the foreclosure action. IV. MISCELLANEOUS A. In the event that Lighthouse possesses ' any other lien(s) against the Premises, either by way of judgment, junior mortgage or otherwise, Lighthouse requests that such other lien(s) shall not be merged in its cause of action set forth in the complaint, but that Lighthouse shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings. B. Lighthouse shall not be deemed to have waived, altered, released, or changed the election hereinbefore made by reason of any payment after the commencement of this action, of any or all of the defaults mentioned herein, and such election shall continue and remain effective. C. Lighthouse believes that during the pendency of this action, in order to protect the security of the within Mortgage, it may be compelled to make advances for the following item(s), including, but not limited to, real estate taxes, assessments, water, prior liens and insurance premiums that are or may become due, plus interest, as provided for in the Mortgage. the' d. Lighthouse requests that in the event this action proceeds to judgment >men of foreclosure and sale, the Premises should be sold subject to the following: (1) Any accurate survey state of facts an or personal inspection would disclose; (2) Covenants, restrictions, easements, declarations, rights of way, 4 7 of of 20

15 I agreements and reservations, if any, of record and to any and all violations thereof; (3 ) Any and all 'ld' buildin.g and zoning regulations, restrictions, ordinances and amendments thereto of the municipality, State, Federal Government, or any agency, bureau, commission or department in which the Premises is situated, and to any violations or notices of violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; (4) The rights of tenants, if any, whose tenancy has not been foreclosed by this action; (5) The rights of any lienors or prior mortgagees of record whose liens have not been foreclosed herein, if any; (6) The right of the United States.of America to re-deem if a federal tax lien is filed against the Premises as of the date of sale hereunder; (7) The physical' physical condition of any buildings or structures on the Premises as of the. date of sale hereunder; (8) Conditional bills of sale, if any; (9) Any and all orders or requirements issued by any governmental body having jurisdiction against or affecting the Premises and violations of the same; (10) Rights of any defendants pursuant to C.P.L.R. section 317, C.P.L.R. section 2003 and C.P.L.R. section 5015, if any; (11) Any and all hazardous materials in the Premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos and toxic substances; (12) Outstanding condominium charges, if any; (13) The rights of holders of security in fixtures as defined by the Uniform Commercial Code; (14) Taxes, assessments and water rates which are 5 8 of of 20

16 NYSCEF. DOC. NO. 61 RECEIVED NYSCEF: 12/18/2017 time' liens on the Premises at the time of sale, with accrued interest or penalties thereon; (15) Prior mortgage liens of record, if any, and any advances and arrears thereunder. WHEREFORE, Lighthouse demands judgment: (1) Adjudging and decreeing the amounts due to Lighthouse for.principal, interest, costs, late charges, expenses of sale, allowances and disbursements, reasonable attorney's fees if provided for in the Mortgage and any monies advanced and paid which are secured by the Mortgage; (2) The defendants and any and all persons claiming by, through or under them and every other person or entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded, or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to the Premises; (3) The Premises, or such part thereof as may be necessary to raise the amounts due as aforesaid, be decreed to be sold according to law subject to the provisions of this complaint; (4) That out of the monies arising from the sale of the Premises, Lighthouse be' be paid the amounts due on the Note and Mortgage, plus those items referenced in the complaint, with any together sums expended, with interest as allowed by law upon any advances from the dates of the respective payments, so far as the amount of such money properly applicable will pay That any of the parties to this action may the sale of the Premises; (6) The Court, if requested, the same; (5) become a purchaser upon appoint receiver of the rents and profits of the Premises with the usual a 6 9 of of 20

17 powers and duties; (7) The Defendants named in this complaint and any original or subsequent obligor(s) so named in this action, may be that' adjudged to pay any deficiency that may remain after applying all of said monies so applicable thereto, unless the debt has been listed and discharged in a bankruptcy petition, or unless Lighthouse is unable to produce a copy of the Note, in which case no deficiency judgment will be sought; (8) In the event Lighthouse possesses any other liens against the Premises, they shall not be merged. Lighthouse specifically reserves its right to share in any surplus monies arising from the sale of the Premises by virtue of its position as a judgment or other lien creditor, excluding the mortgage being foreclosed herein; (9) Lighthouse have such other and further relief as requested in the complaint; and (10) Lighthouse have such other and further relief as may be just, proper and equitable. Dated: April 15, 2016 Huntington, New York Yours, etc. Charles R. Cuneo, P.C. By: CHARLES R. CUNEO Attorney for Plaintiff Lighthouse Real Estate Acquisition 82 Main Street Suite 200 LLC Huntington, New York (631) of of 20

18 VERIFICATION Charles R. Cuneo, the undersigned, an attorney duly admitted to practice law before the Courts of the State of New York affirms the following to be true under the penalty of perjury: I am a member of the law firm of Charles R. Cuneo, P.C., attorneys of record for Plaintiff Lighthouse Real Estate Acquisition LLC in the above entitled action. I have read the foregoing Verified Complaint and know the contents thereof; the same is true to my own knowledge, except as to matters therein alleged to be _on information and belief, and as to those matters I believe them to be true. The grounds of my belief as to all matters not stated upon my own knowledge are the examination of public records, records of plaintiff in my possession and conversations with plaintiff's representatives. The reason I make this affirmation instead of the plaintiff is because the plaintiff maintains its office outside Suffolk County, that being the County in which I maintain an office for the practice of law. Dated: Huntington, New York April 15, 2016 CHARLES R. CUNEO 11 of of 20

19 I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: Index No.: Ú Û fô$ 2 LIGHTHOUSE REAL ESTATE ACQUISITION LLC, -againstagainst Plaintiff, SALLIE A. LAWSON, et al., Defendants.. SUMMONS AND VERIFIED COMPLAINT Charles R. Cuneo, P.C. Attorneys for Plaintiff 82 Main Street, Suite 200. Huntington, New York Ph. (631) Fax (631) CHARLES R. CONEO, ESQ. attorney certisioation pursuant to court tale S a Service of a copy of the within is hereby admitted. Dated:, \ 0 ~ Attorney(s) for Dated: Huntington, New York April 15, 2016 Charles R. Cuneo, P.C. Attorneys for Plaintiff 82 Main Street, Suite 200 Huntington, New York Ph. (631) Fax (631) of of 20

20 AFFIDAVIT OF SERVICE STATE OF NEW YORK } COUNTY OF SUFFOLK } }ss.: LAURY BERGER, being duly sworn, deposes and says: 1. I am not a party to this action, am over 18 years of age and reside at 82 Main Street, Suite 200, Huntington, New York, On August 2, served a true copy of the annexed CPLR Notice, with Summons and Complaint, upon the party identified below, by depositing same, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the U. S. Postal Service within New York State, said address being the address given by party for that purpose, and the one determined to be where she actually resides, through a skip-trace performed by Plaintiff's process servers. Sallie A. Lawson 61 Calumet Avenue Oakland, NJ Sallie A. Lawson 200 West 131S' Street Apt. 8D New York, NY LAURY BE R 8g Sworn to before me this 2nd day of August, 2016 Notary Public CHARLESROBERY CIIAIILSS NNl'IIV CUNEO NOTARYPUBLIC-STATEOFNEWYORK OI' NEO YORK NOYAIIY WSLIC4TATE No.02CU QualinedInSuffolkCo Quaiiffed In SutfoIk f IkCo Co fy MyCommissionExpires Expires Ny i9 of 2Q

21 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX: Index No.: 22908/2016E LIGHTHOUSE REAL ESTATE ACQUISITION LLC, -against- Plaintiff, SALLIE A. LAWSON, et al.., Defendants. CPLR NOTICE Charles R. Cuneo, P.C. Attorneys for Plaintiff 82 Nain Street, Suite 200 Huntington, New York Ph. (631) Fax (631) CHARLES R. CUNEO, ESQ. Attorney Certification pursuant to Court Rule a Service of a copy of the within is hereby admitted. Dated: gg,. /,, ~ ~ ~ ~ ~ Attorney(s) for Dated: Huntington, New York August 1, 2016 Charles R. Cuneo, P.C. Attorneys for Plaintiff 82 Nain Street, Suite 200 Huntington, New York Ph. (631) Fax (631) of 20