NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017
NYSCEF :LED: DOC. KINGS NO. 39 COUNTY 03/08/2017 10 :15 INDEX RECEIVED NO. NYSCEF: 07/17/2017 DOC. NO. 14 03/08/2017 the Supreme Court of / / 1 York, Count)' of Kings, on / the day of March, Justice, Court DELSHAH VENTURES, LLC, as assignee of CHIEF ENERGY, X Index No.: X ' Plaintiff, ORDER TO SHOW JEFFERSON REALTY PARTNERS, LLC, ' Defendant. Upon reading and filing the annexed affidavit of Eran Silverburg, sworn to the day of March, the exhibits appended thereto and all pleadings and proceedings heretofore and sufficient cause appearing therefore, it is the plaintiff, DELSHAH VENTURES, LLC, as assignee of CFIIEF ENERGY, show cause before this Court, at au assigned to this matter, at the Supreme Court of the State of New York, County of Kings, 360 Adams Street, Brooklyn, New York, Room on day of March. 2017, at nine thirty o'clock the forenoon of that day, or as soon thereafter as counsel may be heard, why an Order should not be made and entered herein granting the following relief: the judgment entered on against the defendant on August in the sum of $ and
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 NYSCEF: 03/08/2017 2. permitting the defendant leave to serve its Answer to the Complaint served, in the form proposed herein; and granting such other and further relief as to this Court may seem just and proper, and it is further and judgment it is that unless oral argument required on the date SUFFICIENT APPEARING THEREFOR, let service of a copy of this Order and the papers upon which it is granted, mail, return the attorney, Darren Jay Epstein, Esq., at his office, 254 fitreut, on or before the / day of March, be deemed good and sufficient service. Supreme Court HON. LEON RUCHELSMAN
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 At an IAS Part 72 of the Supreme Court of the State of New York, County of Kings, on the day of March, 2017, Justice, Court DELSHAH VENTURES, LLC, as assignee of CHIEF ENERGY, -X No.: -against- Plaintiff, ORDER TO SHOW CAUSE JEFFERSON REALTY PARTNERS, LLC, Defendant, -X Upon reading and filing annexed affidavit Eran Silverburg, sworn to the day of March, the exhibits appended thereto and pleadings and proceedings heretofore had herein, and sufficient cause appearing therefore, it is ORDERED, that the plaintiff, DELSHAH VENTURES, LLC, as assignee of show cause before this Court, at an IAS Term, assigned to this at the Court of the State of New York, County of Kings, 360 Adams Street, Brooklyn, New York, Room, on day of March, 2017, nine thirty o'clock in the forenoon of that day, or as soon thereafter as counsel may be heard, why an Order should not be made- and entered herein grantmg the following relief: vacating the judgment entered on default against the defendant on August in the sum of $ and
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 2. the defendant leave to serve its Verified Answer to the Complaint served, in the form proposed herein; and granting such other and further relief as to this Court may seem just and proper, and it is further enforcement proceedings that pending the and determination of this application, all with respect to the aforesaid judgment entered against the defendant by the plaintiff on August including the Real Property Sale scheduled for March 8. be and it is further ORDERED, that unless ordered otherwise, oral argument will be required on the return date of this motion. SUFFICIENT REASON APPEARING THEREFOR, let service of a copy of Order and the papers upon which it is granted, by certified return receipt request, upon the attorney, Darren Jay Epstein, Esq., at his office, 254 South Main Street, Suite 406, New City, New York on or before the day of March, be deemed good and sufficient service. ENTER: Justice, Supreme Court
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 511312/20] 07/17/2017 / RECEIVED NYSCEF: 03/07/20] -,- SUPREME COURT OF THE STATE OF NEW COUNTY OF KINGS DELSHAH. LLC, as assignee of CHIEF ENERGY,._ YORK X Plaintiff, -against- JEFFERSON REALTY PARTNERS, LLC, Defendant. -X AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE TO VACATE JUDGMENT ON DEFAULT State of New York ) County of Kings ). ). ss: ERAN duly sworn, deposes and says: I am a. principal/of Jefferson Capital LLC, holder of a primary lien and position mortgage against the underlying premises located at Jefferson Avenue, Brooklyn, New York (the "Jefferson Property"), I am fully familiar with the facts and circumstances of the within matter, the basis being my personal knowledge. 2. This affidavit is submitted in support of the within application to vacate the default judgment obtained by the plaintiff on default on August in the sum of (the "Judgment"). The Complaint alleges that assignee provided work, labor, services'and/or until January 18, in a total amount of $220,334.58 to the Defendant, Jefferson Realty Partners LLC ("Jefferson Realty"). As
NYSCEF [LED: DOC. KINGS NO. 39 COUNTY CLERK 03/07/2017 12:21 RECEIVED INDEX NO. NYSCEF: 511312/203 07/17/2017 SCEF DOC. NO. 7 RECEIVED NYSCEF: 03/07/20] will be shown herein, the Judgment was obtained upon false swearing and is the product The 3. The Jefferson. Property is combined commercial and residential property located at Jefferson Avenue in the Bushwick section of Brooklyn, New York. The mortgage was originally given to the benefit of Jefferson Realty Partners, LLC by Eastern Capital Group. 4. The subject mortgage is currently in default with respect to a Lis Pendens under the index 14010/2013 and has orally been granted a Judgment of Foreclosure and Sale. ' ' 5. is allegedly assignee of a fuel oil and service company, Chief Energy. Simply there is no way that Jefferson Realty ever contracted for, or received services, work and/or materials from Chief Energy that could possibly come close to being worth $220,000. I have attached list of services provided for 1308 Jefferson Avenue under the agreement (Exhibit A). 6. Attached hereto are copies of the Mechanic's Lien that Chief Energy filed against Jefferson Realty and the Jefferson Property on January [Exhibit B], is the same date plaintiff clauns is last date its assignee provided labor and to the Defendant. The lien is for only $6,952.70, not $220,334.58. The lien was assigned to Plaintiff by assignment dated September [Exhibit C], and after extension on January 9, [Exhibit D] it was released and
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 INDEX NO. SCEF DOC. NO. 7 RECEIVED NYSCEF: discharged by the Plaintiff on June [Exhibit The Release and Discharge states that the "lien has now been paid in full". By Plaintiffs own admission, the lien for any and all services that Chief Energy might have provided to Jefferson Realty through January 18, 2013 was paid and prior to the institution this lawsuit! Failure to Name Superior Lien Holder: 7, As I previously Section 44 of the Lien Law explicitly states: court of record to or public the following are necessary parlies 1. having liens notices of which been filed against the real property public or any part thereof prior filing the notice of pendens such action, where by law the filing of notice of lis pendens is proper or required. 2. All persons having subsequent liens or claims against such properly, by mortgage or otherwise, filed, docketed or recorded prior to the filing of the notice of lis pendens, where by law filing of notice lis pendens is Jefferson Capital LLC was never notified the action were they served and given a chance to respond as a primary lienor in this matter. 8. Jefferson Capital, should have been a party in this action under Lien Law Section 44(1), Jefferson Capital, LLC has a right I under CPLR to mtervene, the s sale must be stayed so that we can an answer and protect our interests, WHEREFORE, it in all respects, together and proper. respectfully requested that the within application be granted such other and further relief as to this Comt may seem just 1 tt. KELVIN TORRES Notary Public State New York t Qualified in Queens County My Commission Expires Dec 2020 rtf""
FILED: KINGS COUNTY CLERK 07/17/2017 01:52 PM INDEX NO. 511312/2016 INDEX NO. NYSCEF DOC. KINGS NO. 39 CLERK RECEIVED NYSCEF: 07/17/2017 RECEIVED NYSCEF: SCEF DOC. NO. 7 Sworn to before- me this 2017 Hoary no. State of New York in Queens County My Commission Expires Dec 2020 Public ft 1 -'-
FILED: KINGS COUNTY CLERK 07/17/2017 01:52 PM INDEX NO. 511312/2016 NYSCEF DOC. NO. 39 INDEX RECEIVED NO. NYSCEF: 511312/20] 07/17/2017 LED: KINGS COUNTY CLERK 03/07/2017 12:21 RECEIVED NYSCEF: 03/07/20] DOC. NO. 8 SUPREME COURT OF THE STATE COUNTY OF KINGS NEW YORK Dclshah Ventures, LLC as assignee of Chief Index No. 511312/2016 Energy Plaintiff EMERGENCY AFFIRMATION Jefferson Realty Partners, LLC Defendant. -X Jimmy Wagner, an duly admitted to the practice law in the State of New York, affirm the following statements, pursuant lo Section of 1. 1 am the attorney the 1308 Jefferson Capital, LLC herein, and submit this emergency affirmation in support of the relief sought in the Order To Show Cause presently before the court.. 2. 1 fully familiar with the facts and circumstances this matter, based. upon a review of the file maintained by my office. 3. The Defendant intervenor herein first learned on this action from Howard attorney for the Defendant in the foreclosure action.. 4. The. Defendant intervenor was neither served with a Summons and Complaint nor any other pleadings in this matter. Even though the Plaintiff is required to name 308 Jefferson Capital, LLC in the lawsuit as a superior lien bolder under Lien Law 44(1). The Defendant was forced to bring Order lo Show Cause at such Late because the attorney for the referee under the foreclosure failed to have this stayed. 6. Jefferson Capital will be irreversibly harmed if sale is permitted to go forward considering this lien has already been satisfied.
INDEX NO. NYSCEF LED: DOC. NO. COUNTY 39 CLERK 03/07/2017 12:21 RECEIVED NYSCEF: 07/17/2017 RECEIVED 03/07/20] DOC. NO. 8 7. previous application under this index number has been for the relief requested WHEREFORE, it is respectfully requested that litis Court grant the sought in the instant Order to Show Cause on an emergency basis. Dated: March 7, York 155 Bay Ridge Avenue York 921-6601 (ISSUE WITH 1308 JEFFERSON
NYSCEF DOC. NO. 39 RECEIVED INDEX NO. NYSCEF: 511312/20] 07/17/2017 /LED: KINGS COUNTY No, SCEF DOC. NO. 8 RECEIVED NYSCEF: 03/07/20] Jimmy Wagner Presenting Order to Show Cause at 2:00pm Today, Index No. 511312/2016 1 message Jimmy Wagner Tue, 7, 2017 at 10:55 AM To: Mr. Epstein, Please be advised, will be presenting an order to show cause under index number, to have the Sale stayed. will be at Kings County Clerk, rm 295, the e>;-parte Office, today at 2:00 p.rn. Also, as a follow up to our phone conversation, please see the attached Release and Discharge of the Mechanic's Lien. Jimmy Wagner The Law Office of Bay Ridge Ave Brooklyn, NY 11220... ': 3xhibite.pdf
FILED: KINGS COUNTY CLERK 07/17/2017 01:52 PM INDEX NO. 511312/2016 NYSCEF [LED: DOC. KINGS NO. 39 COUNTY CLERK 03/07/2017 12:21 RECEIVED NO. NYSCEF: 511312/20] 07/17/2017 DOC. NO. 9 RECEIVED NYSCEF: A P c c o u r n y/ r. rs t N riff) ft e g ( (SB) A Z J. 0 < ') - 4 C C i. ) ) - NY ft / / 5 / 2 2 / 2 3 / 2 /a;; 6 / / / 8 / :l 2. / 2? 1 X 1-5 /? / 2 G 2 i 6 / i 2 /' 1 '? / 2 2 I J E r 1 1 1 3 F 1 J 13SJ 1 1 J F x 1 051 E 1 0 E F 1 r. r J E r Fill 1 3 1 3 Ci J p 0 X 3 1 3 J F 1 3 X F. i i i j. T V / V i A V 2 fr 1 SERVICE T Oil A T E Ft / V I S fop.61. Oil 2 0 i J 2 T ST A 2 LATE S HE'S S A N ) P Y, 2 0 i. 1 Y i VI., p v P., ) A ufi A r ') 6 b 0 (5 s 535390 20/ 8 4 7 9 9 8 7 a % 'i 3 0 0 0 0? 7 2 P 3 0 2 7 3 L 7 55 2 L C 7 IS 0 0 0 L 0 7 9. 0 0. 0 0.0. r?', 2 0.0,. 16 0,0 V.. G. 0... a to.. o o,.,, 8 2, 0,0,0. 0. 0. 5? 2 8 1. 1.1 2, 1 D, 7 2 / 3 5. 4 2 5 8. 552. 5 6. 1. 5, 15 2,?. G j. 3 5 3 23. 3 3 5 026 A? 3 7 552 2 6. 7 7 9, 5'1 'i 7 9 C
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INDEX NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 NOTICE UNDER MECHANIC'S LAW To the of Kings all others whom concern: Chief Energy mm nr. and a lien rhe real property hereinafter described as follows: The names residences the Chief Energy 918 McDonald Brooklyn. NY Corporation Duly organized and existing under and by virtue of the laws of business address at Avenue Brooklyn, NY 11218 State of New York (21 The owner real Jefferson Realty Partners LLC and Orazio Pettto the interest of the far known rhe is Fee The of the was employed is: Orazio of the party or (ate) or whom ion Orazio labor and, Supplied and Installed rials to Service rhe Oil Burner, Etc. material furnished were. The real property are NLA The agreed price the Ichor performed and value the is The agreed price and value of the mfd. ibr but not delivered So the real is agreed for professional is Total agreed price unpaid the performed said material The unpaid to for material mfd. but delivered the real is Total $6,952.70 total amount for which lien is filed is when the first of work was performed The. when the first item of material The when the lass item work as performed was The time when the last item of materiel furnished was 1/17/2013 (7) property subject to the is situated in County of Kings of New York Known as: 1308 Jefferson Avenue Brooklyn, NY said labor and materials performed furnished yd used, and services rendered were the improvement of propeny hereinbefore j January Mark Nash, Agent
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 RECEIVED NYSCEF: 1 STATE OF NEW YORK., OF INDIVIDUAL OR PARTNER being sworn, is of in the within notice of and ihe in the foregoing notice of that deponent has read the notice and knows the contents thereof, the is true to deponent's own knowledge, except as (herein stated to aliened on belief, and as matters deponent believes it true., STATE NEW YORK COUNTY OF Kings ON of Chief. Mark Nash duly says deponent has read notice ten and and that the same is true Lo deponent's as to the be alleged information and belief, that as to those deponent believes it to be true. reason why verification by deponent is drat deponent is an officer, < to wit. the Agent nf Energy which a and deponent with the facts and ) Mark Agent of York of York On the day of in year before me, Public in and for said State, personally appeared Murk Nash, known me or pros ed to me on the basis of satisfactory the individual is subscribed lb the instrument and acknowledged that be/she executed in capacity, and by signature the instrument, the individual, or the person upon of which individual acted, executed the instrument. // Public tvf _. to......
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 Affidavit of by Certified Mail he deposes and says deponent is over years age and served within of Lien on Jefferson Realty 0 83rd Street NY LLC and Orazio Petilo Premises known as: Jefferson Avenue NY Lo,': 5 depositing a true copy enclosed a certified postpaid, properly addressed wrapper, in an official depository United Slate Postal Service New York Slate. - Slew York Mark Nash New York the 18 January in the 2013 before roe. the undersigned, a Notary Public in said State, personally appeared Mark Nash me or proved to me the basis of satisfactory evidence 10 the individual whose name is subscribed lo the within instrument acknowledged to he/she executed same in and that by signature on the instrument, the upon behalf of which individual executed the instrument..
NYSCEF DOC. NO. 39 CLERK RECEIVED NYSCEF: 07/17/2017 SCEF DOC. NO. 10 Claimant Chief Energy McDonald Avenue Brooklyn, NY 11218 718-438-6676 Vincent, President Against Jefferson Realty Partners LLC and Orazio Petito 1960 83rd Street Brooklyn. NY Amount Jefferson Avenue Brooklyn, NY Block: Lot: 3391 5
INDEX NO. [LED: KINGS COUNTY CLERK 12:21 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 07/17/2017 SCEF DOC. NO. 11 RECEIVED NYSCEF: 03/07/20] ASSIGNMENT of LIEN - CORPORATION L i e n L a w 1 4 ) TO: County Clerk. County of Kings New York and all others whom it may COMES NOW. of Chief Energy being a corporation licensed to do work in of New York has provided labor find'o-r materials far the improvement of the property localexl and as : And would state as 1308 Jefferson Avenue, Brooklyn, NY; Block Lot 5 1. On or about the i of 2013 the undersigned lien claimant, Chief the following 8 McDonald Avenue, Brooklyn, NY filed a Notice of Lien regarding the property the of S 2. Said DBA rif : the following of Chief fed fcd STATE NEW YORK ) COUNTY OF,. ) Title On of,. 2013. before me, the. a Notary Public in and for said State, personally appeared /<:.. personally me or proved to the basis of satisfactory evidence to be the whose is subscribed to the within instrument and acknowledged to me the same in capacity and that by on the the individual (s). or the person upon which the individual executed the instrument. ROTH Public, Slate of York No. in County Commission Expires
LED 03/07/2017 12:21 INDEX NO. J NYSCEF SCEF DOC. DOC. NO. NO. 12 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/20] 07/17/2017 Filed by: Suite #2326 York, NY 10001 EXTENSION OF MECHANIC'S LIEN County County of Brooklyn, New York and all others whom it may concern" that the lienor Chief filed a mechanic's under the Mechanic's Lien Law of State York on 18, 2013 and assigned said to Delshah Ventures 1 20.13 and assignee hereby requests that pursuant to Lien Law said he duly continued and as of the date of filing of this extension for one year, ';. The lienor assignee herein is: Name: Address: 13th Street, New York, NY 1 is extension lien private property dwelling. The Owner of property interest such lien is claimed is: Name: Jefferson Realty' Partners LLC Petito Address: 473 Wilson NY 4. A el affected by said extension is: Number. 3391 Lot NY 5. The the initially 6. filing Notice January 9, 2014 LLC BY: Samuel Dan, Agent State of New York- Count)' of Queens ) On the day of before personally came Samuel Dan, to who, being by sworn, did depose sr:y his place of Construction Lien Collections, 5 Plaza, Suite #2326, New NY that is the Agent Delshah Veutures LLC, the Corporation described herein and which executed the above instrument; and that he signed thereto b\ of President of Said '-'A - Public j
KINGS COUNTY CLERK FILED: KINGS COUNTY CLERK 07/17/2017 01:52 PM INDEX NO. 511312/2016 NYSCEF DOC. NO. 13 39 RECEIVED RECEIVED NYSCEF: NYSCEF: 07/17/2017 RELEASE AND DISCHARGE OF MECHANIC'S LIEN TO: The Clerk County of Kings. Stale of New and all interested, PLEASE TA KE NOTICE, Delshah Ventures LLC as Assignee of Chief Energy, Lienor, had and a Lien pursuant to the the State of New York, which Lien was filed with the of the Clerk the County of on the day of January, in the amount of against the real property known as 473 Wilson Avenue, Brooklyn, and designated as Block Lot and which lien has now been paid in full. PLEASE TAKE FURTHER Lienor hereby consents lo the release discharge of the Mechanic's Lien and directs the Clerk of the County of discharge said Mechanic's Lien of record. New York LIENOR 16, Delshah Ventures LLC Lorenzo DeLuca. Manager State New York. County of, On the fi.lmday of in the year, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be whose is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in capacitycies), and that by his/her/their on the instrument, the the person upon behalf of which the acted,