You are hereby summoned to answer the complaint in this action and to serve a copy of

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1 ~ ~~ ~ SCANNED ON 5 p ' & SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NYCTL A TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian, Index No. -against- Plaintiffs CHAMP MARBLE CO., CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE WORKER'S COMPENSATION BOARD, NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, "John Doe No. 1" through "John Doe No. 100" inclusive, the names of the last 100 defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the tax lien premises and/or persons or parties having or claiming an interest in or a lien upon the subject property, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Defendants Plaintiff designates New York County as the place of trial. Venue is based upon County in which premises are situated. SUMMONS Tax Lien Foreclosure Block: 2215; Lot: 534 dk/a West 225th Street, New York, New York r To the above named Defendants: i 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 Plaintiffs Attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of Supreme Court Records OnLine Library - page 1 of 12 1

2 1 - d. L 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 and Relief Sought The Object of the above entitled action is to foreclose a Tax Lien in the original Tax Lien Principal Balance of $177, with interest as described in a certain Tax Lien Certificate dated November 16, 2011 and recorded in the Office of the City Register for the Borough of Manhattan, County of New York, on November 23, 2011 in City Register File Number ( CRFN ) upon premises described as follows: ADDRESS: BLOCK: West 225th Street, New York, New York 2215 LOT: 534 COUNTY: New York The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt secured by the Tax Lien described above. Plaintiff designates New York County as the place of trial. Venue is based upon the county where the Property being foreclosed upon is located. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the Plaintiff who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you may lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and complaint and protect your property. Sending a payment to the Plaintiff will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF AND FILING THE ANSWER WITH THE COURT. Supreme Court Records OnLine Library - page 2 of 12 2

3 1 1 Dated: May 5,2012 New York, New York THE LAW OFFICE OF THOMAS P.MALONE, PLLC By : Thwas P. Malone, Esq. Attorneys for Plaintiffs 60 East 42nd Street, Suite 1540 New York, New York Ph: (212) To: Champ Marble Co West 225fh Street New York, NY -and/orc/o E. Pollak 133 West 72nd Street, Suite 1603 New York, NY City of New York Environmental Control Board c/o Corporation Counsel of the City of New York 100 Church Street New York, NY New York City Department of Finance c/o Corporation Counsel of the City of New York 100 Church Street New York, NY New York State Worker's Compensation Board 11 1 Livingston Street - 22nd Floor, Brooklyn, NY New York State Department of Taxation & Finance c/o Alan Gitter, Assistant Attorney General 300 Motor Parkway, Suite 125 Hauppauge, NY Supreme Court Records OnLine Library - page 3 of 12 3

4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NYCTL A TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian, Index No. -against- Plaintiffs, COMPLAINT CHAMP MARBLE CO., CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE WORKER': COMPENSATION BOARD, NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, "John Doe No. 1" through "John Doe No. 100" inclusive, the names of the last 100 defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the tax lien premises and/or persons or parties having or claiming an interest in or a lien upon the subject property, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Tax Lien Foreclqsure Block: 2215; Lo& a/ua West 225th Street, New York, New York Defendants. -- Plaintiffs, by its attorneys, The Law Office of Thomas Pa Malone, PLLC, allege on information and belief that: The Parties 1. Plaintiff, NYCTL 2011-A Trust (IINYCTLIt) is a Delaware business trust which was created pursuant to an Amended and Restated Declaration and Agreement of Trust between the City of New York and Wilmington Trust Company dated as of November 16,2011. NYCTL is authorized to purchase, own, and manage the collateral of the Trust. Supreme Court Records OnLine Library - page 4 of 12 4

5 2. Plaintiff, The Bank of New York Mellon, ( BNYM ) as Collateral Agent and Custodian, is a New York Banking Corporation. BNYM is the Collateral Agent and Custodian for NYCTL pursuant to an indenture between NYCTL, MTAG Services LLC and Plymouth Park Tax Services, LLC d/b/a Xspand as Servicer and Co-Servicer, respectively, and BNYM as Indenture Trustee dated as of November 16,2011. NYCTL and BNYM are collectively referred to herein as Plaintiff, 3. Plaintiff is the owner and holder of certain tax and other City of New York liens (the Tax Lien ) as evidenced by a certain tax lien certificate (the Tax Lien Certificate ) dated November 16,2011 and recorded in the Office of the City Register for the Borough of Manhattan, County of New York, on November 23,2011 in City Register File Number ( CRFN ) , a copy of which, together with the pertinent page of Schedule A thereto, is annexed hereto as Exhibit A and is incorporated herein by reference as if fully set forth herein. 4. The Tax Lien covers certain premises (the Property ), as fully described and set forth in Exhibit B, annexed hereto and incorporated herein by reference as if fully set forth herein. The Property also includes all the appurtenances, easements, improvements, structures, fixtures and other personal property located thereon. 5. Each of the above-named Defendants has or claims to have or may claim to have some interest in or lien upon said subject property or some part thereof. The interests of the following parties to this action are more specifically stated as follows and in Exhibit C, annexed hereto and incorporated herein by reference as if fully set forth herein: Supreme Court Records OnLine Library - page 5 of 12 5

6 I 1 f 1 I (a) Defendant CHAMP MARBLE CO. is the fee owner of the Property. SEE EXHIBIT C. (b) Defendant CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD is named because he/she/it has or may claim to have a mortgage lien, mechanics lien or judgment lien against, or other interest in, the Property which is subordinate to the lien of Plaintiff. The interest of the defendant is as follows: NATURE OF INTEREST: Environmental Control Board Lienor - SEE EXHIBIT C. (c) Defendant NEW YORK CITY DEPARTMENT OF FINANCE is named because he/she/it has or may claim to have a mortgage lien, mechanics lien or judgment lien against, or other interest in, the Property which is subordinate to the lien of Plaintiff. The interest of the defendant is as follows: NATURE OF INTEREST: Possible New York City Corporate Business Tax Lienor - SEE EXHIBIT C. (d) Defendant NEW YORK STATE WORKERS COMPENSATION BOARD is named because he/she/it has or may claim to have a mortgage lien, mechanics lien or judgment lien against, or other interest in, the Property which is subordinate to the lien of Plaintiff. The interest of the defendant is as follows: NATURE OF INTEREST: Judgment Creditor - SEE EXHIBIT C. (e) Defendant NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE is named because he/she/it has or may claim to have a mortgage lien, mechanics lien Supreme Court Records OnLine Library - page 6 of 12 6

7 1 I or judgment lien against, or other interest in, the Property which is subordinate to the lien of Plaintiff. The interest of the defendant is as follows: NATURE OF INTEREST: Possible New York State Franchise Tax Lienor - SEE EXHIBIT C. (0 Defendants John Doe No. 1 through John Doe No. 100 inclusive are or may be (a) other persons or entities, unknown to Plaintiff who have filed or recorded a notice of lien, mortgage lien, judgment or warrant against the Property, or against the owners thereof, prior to Plaintiff s filing of a notice of pendency in this action, or (b) persons or entities having or claiming any interest in the Property, which interest accrued subsequent to Plaintiffs Tax Lien and is subordinate thereto, or (c) may be persons in possession of the Property. AS AND FOR A FIRST CAUSE OF ACTION 6. The Tax Lien Certificate provides, among other things, that Plaintiff receives from the City of New York: all of the City s right, title and interest in and to all real property taxes, assessments, sewer rents, sewer surcharges, water rents and any other City charges that, (A) prior to August 1 1, 201 1, in the case of sewer rents, sewer surcharges, and water rents listed under the heading of CIS on Schedule A hereto, and (B) prior to August 4, 201 1, in the case of all real property taxes, assessments, and other City charges, including sewer rents, sewer surcharges and water rents listed under the heading Environ on Schedule A hereto (each such date, a Sale Date ), have become a lien against those certain parcels of real property (each a Property ) located in the Borough of Manhattan, County of New York and listed on Schedule A hereto by block [2215] and lot number [534], plus all interest and penalties accrued thereon to the applicable Sale Date, plus (except in the case of Properties as to which the owners thereof were subject to bankruptcy proceedings on the applicable Sale Date ( Bankruptcy Tax Liens )) costs of advertisements and notices of sale and a surcharge equal to five percent Supreme Court Records OnLine Library - page 7 of 12 7

8 I. (5%) of the sum of all such amounts (all such amounts with respect to a Property, including costs of advertisements and notices of sale and the surcharge if any, collectively, a "Tax Lien") in the total amount (the "Tax Lien Principal Balance") set forth with respect to each Property on either Schedule A hereto, plus interest accruing thereon from the applicable Sale Date at the rate of nine percent (9%) per annum, compounded daily, for Properties with an actual assessed value of $250,000 or less and (b) eighteen percent (18%) per annum, compounded daily, for Properties with an actual assessed value greater than $250,000 (or nine percent (9%) per annum, compounded daily, on the water and sewer component, in the case of certain Bankruptcy Tax Liens where a Property owner was in bankruptcy as of the applicable Sale Date; provided, however, that such rate shall be the statutory judgment rate of interest, currently nine percent (9%) per annum, in the case of any Tax Lien with respect to which a judgment of foreclosure has been entered). 7. Plaintiff is entitled to foreclose on the Tax Lien, pursuant to the Tax Lien Certificate and Sections and of the Administrative Code of the City of New York (the "Administrative Code") because Defendant CHAMP MARBLE CO. failed to pay the accrued interest on the Tax Lien Principal Balance which is payable semi-annually on the date which is six (6) months from the applicable Sale Date as set forth in the Tax Lien Certificate and, thus, the entire Tax Lien became due and payable in full, or, in the alternative, a default has occurred for six (6) months or more from the applicable Sale Date as set forth in the Tax Lien Certificate in accordance with sections (d) and of the Administrative Code in the payment of any taxes, assessments, sewer rents, sewer surcharges, water rents, any other charges that are made a lien, or the interest or penalties thereon which became a lien on or after the applicable Sate Date of the Tax Lien transferred by such Tax Lien Certificate, and, thus, the entire Tax Lien became due and payable in full. 8. By reason of these defaults, Plaintiff elects that the Tax Lien is now due and payable, and avers that there is justly due and owing to Plaintiff a balance on the Tax Lien under the aforesaid Tax Lien Certificate on the Tax Lien Principal Balance of One Hundred Seventy- Supreme Court Records OnLine Library - page 8 of 12 8

9 Seven Thousand Nine Hundred Sixty-Three Dollars and Thirty-Six Cents ($177,963.36) with interest thereon at the rate of 18% per cent per annum compounded daily, as well as its attorneys' fees for maintaining this action, pursuant to Section of the Administrative Code. 9. City liens, taxes and assessments subsequent to the Sale Date of the Tax Lien shall be paid out of the proceeds of the foreclosure sale pursuant to New York's Real Property Actions and Proceedings Law Pursuant to of the Administrative Code, Plaintiff is simultaneously notifying the New York City Department of Finance, in writing, of the commencement of this action No other action or proceeding has been commenced or maintained or is now pending at law or otherwise for the foreclosure of said Tax Lien or for recovery of the said sum due or any part thereof. 12. Plaintiff requests that in the event that this action proceeds to judgment of foreclosure and sale, said property should be sold subject to the following: (a) Any state of facts that an inspection of the property would disclose. (b) Any state of facts that an accurate survey of the property would show. (c) Covenants, restrictions, easements and public utility agreements of record, if any. Supreme Court Records OnLine Library - page 9 of 12 9

10 (d) Building and zoning ordinances of the municipality in which the subject property are located and possible violations of same. (e) Any rights of tenants or persons in possession of the subject property not named in this action. (0 Any other prior liens or encumbrances imposed by operation of law. (g) Any municipal violations, whether or not of public record. (h) Any equity of redemption of the United States of America to redeem the property within 120 days from date of sale. (i) Liens relating to the Property arising from the operation of any applicable Federal Law or from certain New York State environmental laws which have statutory priority or which may have attached and been perfected prior to the Sale Date of the Tax Lien. 13. In the event that Plaintiff possesses any other lien(s) against said property either by way of judgment, junior mortgage or otherwise, plaintiffs request that such other lien(s) shall not be merged in Plaintiffs cause of action set forth in this complaint, but that Plaintiff 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, Supreme Court Records OnLine Library - page 10 of 12 10

11 14. Plaintiff 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. WHEREFORE, Plaintiff demands judgment that each and all of the defendants in this action, and any and all persons claiming under them, or any of them, subsequent to the commencement of this action and the filing of the Notice of Pendency of Action thereof in the Office of the Clerk of the County of New York, that being the County in which the Property is situated, may be forever barred and foreclosed of all right, title, interest, claim, lien and equity of redemption in the Property, that the Property may be decreed to be sold according to law, subject to the items specified in Paragraph 12 of this complaint; that the money arising from the sale of the Property and property located thereon be brought into court; that Plaintiff be paid the amount adjudged to be due on the Tax Lien, with interest to the time of such payment, together with costs, allowances and disbursements of this action, including attorneys' fees pursuant to Section of the Administrative Code of the City of New York, and the expenses of the sale insofar as the amount of such moneys properly applicable thereto will pay the same; and that Plaintiff have such other further relief as may be just and equitable. Dated: May 5,2012 New York, New York THE LAW OFFICE OF THOMAS P.MALONE, PLLC By: Attorneys for Plaintiffs 60 East 42nd Street, Suite 1540 New York, New York Ph: (212) Supreme Court Records OnLine Library - page 11 of 12 11

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NYCTL 201 l-a TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian, Index No. -against- Plaintiffs, CHAMP MARBLE CO., CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW YORK STATE WORKER'S COMPENSATION BOARD, NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, "John Doe No. 1" through "John Doe No. 100" inclusive, the names of the last 100 defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the tax lien premises and/or persons or parties having or claiming an interest in or a lien upon the subject property, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Defendants. SUMMONS & COMPLAINT THE LAW OFFICE OF THOMAS P. MALONE, PLLC Attorneys for Plaintiffs 60 East 42"d Street, Suite 1540 New York, New York Phone: (212) Fax (212) Pursuant to 22 NYCRR , the undersigned an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief formed after reasonable inqui contentions contained in the annexed papers are not frivolous. Supreme Court Records OnLine Library - page 12 of 12