FILED: KINGS COUNTY CLERK 06/30/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/30/2015

Transcription

1 FILED: KINGS COUNTY CLERK 06/30/ :11 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/30/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X NOEL BECKLES, and BRIDGET BECKLES, Plaintiffs, -against- Index No. SUMMONS AMERICAN FORECLOSURE NETWORK SYSTEMS INC, DMITRY YAGUDAYEV, and JOHN MILLIEN, Defendant(s) X To the Person(s) Named as Defendant(s) Above: PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the Plaintiff(s) at the address set forth 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 or appear, a judgment will be entered against you by default for the relief demanded below. Dated: June 30, 2015 Brooklyn, New York Toby M Cohen LAW OFFICES OF TOBY M COHEN Attorneys For Plaintiff 300 Cadman Plaza West, 12th Floor Brooklyn, New York (347) tcohen@lotmc.com

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X NOEL BECKLES and BRIGET BECKLES, Plaintiffs, -against- Index No. COMPLAINT AMERICAN FORECLOSURE NETWORK SYSTEMS INC, JOHN MILLIEN, and DMITRY YAGUDAYEV, Defendants X Plaintiffs NOEL BECKLES and BRIDGET BECKLES (hereinafter, Plaintiffs ), through their undersigned attorneys, allege upon personal knowledge as to Plaintiffs, and upon information and belief to all other matters, as follows: 1. This is an action to reclaim title to 704 Georgia Avenue, Brooklyn, New York, and for damages based on fraud, slander of title, civil conspiracy, and civil RICO violations. 2. At all relevant times, Plaintiff Noel Beckles has been resident of New York. 3. At all relevant times, Plaintiff Bridget Beckles has been resident of New York. 4. Defendant American Foreclosure Network Systems Inc ( AFNS ) is a New York corporation with a place of business at 244 5TH AVE., STE. 2462, NEW YORK, NEW YORK, Defendant John Millien is an individual and is believed to be a principal and owner of AFNS. 6. Defendant Dmitry Yagudayev is believed to be a principal and owner of AFNS, and is listed on the deed as residing at 244 5TH AVE., STE. 2462, NEW YORK, NEW YORK, 10001, the same address as AFNS. FACTUAL ALLEGATIONS 7. Plaintiffs were introduced to Millien by an unknown real estate agent. 8. Millien promised to help plaintiffs by doing a short sale of their property and giving them $10,000.

3 9. Millien presented the plaintiffs with documents that he said were to begin the short sale process. Plaintiffs signed the documents. 10. Millien then copied plaintiff s signatures and forged a deed conveying the property to AFNS, an entity owned and controlled by Millien. 11. At the time of signing, Millien promised to plaintiffs $10,000 in the form of 2 checks each for $5,000. Both of those checks bounced. 12. When plaintiffs contacted Millien, Millien promised to give plaintiffs the money in cash. To date, Millien has not given plaintiffs any money. 13. Millien is currently renting out the property and is not providing rental income to plaintiffs. FIRST CAUSE OF ACTION 14. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 13 as if fully set forth herein. 15. Defendants defrauded Plaintiffs by forging their signatures on the deed conveying the property to AFNS. 16. At no time did Plaintiffs desire to convey their property to Defendant AFNS. 17. Plaintiffs request an order declaring that: (1) the deed conveying title to the property to Defendant AFNS was and is null and void; (2) the Defendants and every person claiming under them, including Defendant Yagudayev, be barred from all claim to an estate or interest in the property described in the complaint; and (3) possession of the property be awarded to the Plaintiffs. SECOND CAUSE OF ACTION 18. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 17 as if fully set forth herein.

4 19. Plaintiffs have suffered damages due to said forgery and fraud. 20. Plaintiffs seek damages for fraud and negligent misrepresentation. THIRD CAUSE OF ACTION 21. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 20 as if fully set forth herein. 22. Defendants maliciously published a fraudulent deed naming AFNS as the owner of the property, knowing that said deed was fraudulent and that Defendant did not have a good claim of title to the property. 23. Plaintiff has suffered special damages by being forced to expend time and money to defend said fraudulent claim of title. 24. Plaintiff seeks special damages for slander of title in the amount of $500,000. FOURTH CAUSE OF ACTION 25. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 24 as if fully set forth herein. 26. Plaintiffs are currently facing foreclosure on a property of which they do not own due to Defendant s fraudulent actions. 27. Plaintiffs have been forced to expend time and resources to remedy the situation. 28. Plaintiffs seek to be reimbursed for costs incurred as a result of the fraudulent transfer of the property. 29. Plaintiffs seek compensatory and actual damages in the amount of $500,000. FIFTH CAUSE OF ACTION CIVIL CONSPIRACY 30. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 29 as if fully set forth herein.

5 31. In connection with the fraudulent transfer of the property that is the subject of this action, Defendant and Defendant s agents agreed, between and among themselves, to engage in actions and a course of conduct designed to further an illegal act or accomplish a legal act by unlawful means, and to commit one or more overt acts in furtherance of the conspiracy to defraud the Plaintiff. 32. Defendant s associates agreed between and among themselves to engage in the conspiracy to defraud for the common purpose of accruing economic gains for themselves at the expense of and detriment to the Plaintiffs. 33. The actions of Defendant and its agents were committed intentionally, willfully, wantonly, and with reckless disregard for the rights of Plaintiffs. 34. As a direct and proximate result of the actions of Defendant, resulting in fraud, Plaintiffs has suffered damages. 35. Plaintiffs seek an award of actual, compensatory, and punitive damages. SIXTH CAUSE OF ACTION CIVIL RICO 36. Plaintiffs repeat and reallege each and every allegation as contained in paragraphs 1 through 35 as if fully set forth herein. 37. The conspiracy that is the subject of this action has existed from prior to the date of transfer to the present, with the resulting injuries and damages being continuing. 38. Defendant s actions and use of multiple corporate entities, multiple parties, and concerted and predetermined acts and conduct specifically designed to defraud Plaintiffs constitutes an "enterprise", with the aim and objective of the enterprise being to perpetrate a fraud upon the Plaintiffs through the use of intentional nondisclosure and material misrepresentation. The Defendants are an enterprise entity".

6 39. As a direct and proximate result of the actions of the Defendant, Plaintiffs have and continue to suffer damages. WHEREFORE, Plaintiffs demand an order of judgment stating: (1) the deed purporting to transfer the property from Plaintiffs to Defendant American Foreclosure Network Systems Inc was and is null and void; (2) that the Defendant and every person claiming under them be barred from all claim to an estate or interest in the property described in the complaint; and (3) that possession of the property be awarded to the Plaintiffs; an order directing that the New York City Register, or appropriate entity, strike the deed transferring the property from Plaintiffs to Defendant, and any subsequent transfers, liens, or encumbrances, or cloud on title from the property records, compensatory and actual damages in the amount of $2,500,000, special damages in the amount of $500,000, pre and post-judgment costs, interests and attorney s fees, costs and disbursements, and any such other and further relief as this court deems just and proper. Dated: June 29, 2015 Brooklyn, New York Toby M Cohen LAW OFFICES OF TOBY M COHEN Attorneys for Plaintiff 300 Cadman Plaza West, 12 th Floor Brooklyn, New York 11201

7

8