FILED: NEW YORK COUNTY CLERK 07/20/2015 11:42 AM INDEX NO. 158552/2013 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 07/20/2015 Exhibit A
FILED: NEW YORK COUNTY CLERK 09/18/2013 INDEX NO. 158552/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/18/2013 BAKER LESHKO SALINE & BLOSSER, LLP White Plains, New York 10601-1712 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 11-15 EAST 70 TH STREET CONDOMINIUM, -against- Plaintiff, Date Purchased: Index No. SUMMONS 11 EAST 70 TH STREET CORP., Defendant. TO THE ABOVE NAMED DEFENDANT: 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 Plaintiff's attorneys within twenty (20) days of 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 your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 1
Plaintiff designates New York County as the place of trial. The basis of venue is that the real property is located within the County of New York. Plaintiff is located at 11-15 East 70 th Street, New York, New York 10021. Dated: White Plains, New York September 18, 2013 BAKER, LESHKO, SALINE & BLOSSER, LLP To: 11 EAST 70 TH CORP. 11-15 East 70 th Street New York, New York 10021 By: Mitchell J. Baker White Plains, New York 10601 2
BAKER LESHKO SALINE & BLOSSER, LLP White Plains, New York 10601-1712 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 11-15 EAST 70 TH STREET CONDOMINIUM, Plaintiff, Index No. -against- COMPLAINT 11 EAST 70 TH CORP., Defendant. 11-15 EAST 70 TH STREET CONDOMINIUM, by its attorneys, Baker Leshko Saline & Blosser, LLP, complaining of the within defendant, alleges as follows: 1. The Plaintiff is a condominium organized and existing pursuant to Article 9-B of the Real Property Law of the State of New York (hereinafter sometimes referred to as the Condominium ). 2. Defendant is, upon information and belief, a corporation organized under and existing pursuant to the laws of the State of New York. 3. Defendant is the fee simple owner of two units at the Condominium, units 3
1A and the Gallery (hereinafter sometimes referred to as the Units ). 4. The Units are used for commercial purposes. 5. Pursuant to the declaration and by laws of the Condominium, the Board of Managers imposed on all units at the Condominium, including the Units, the obligation to pay common charges. 6. Defendant, as owner of the Units has failed to pay common charges that have been properly imposed upon the Units. 7. As of the date hereof, Defendant owe common charges for unit 1A the sum of $13,446.11, plus interest thereon. 8. As of the date hereof, Defendant owe common charges for the Gallery the sum of $13,202.56, plus interest thereon. AS AND FOR A FIRST CAUSE OF ACTION 9. Pursuant to the Real Property Law of the State of New York, the Declaration and By-Laws of the Condominium, defendant is obligated to pay the common charges in the amount total amount of $26,648.67. 10. Defendant has failed to pay such monies. 11. During the course of this action, defendant may become obligated to pay additional common charges, and other fees, including, but not limited to attorneys fees, to the Condominium. All such sums, together with interest thereon, shall be added to the amount due to plaintiff on the obligations herein. 4
12. During the course of this action, plaintiff may be obligated to make advances for the payment of taxes or other necessary expenses to preserve the security of the Units. All such sums advanced, together with interest, shall be added to the amount due to plaintiff on the obligations herein. WHEREFORE, plaintiff demands judgment against defendant as follows: $26,648.67; 1. On the first cause of action, a judgment in the amount of no less than 2. Costs, disbursements and reasonable legal fees and expenses pursuant to the terms of the Declaration and By-Laws of the Condominium; and 3. For such other further and different relief this Court deems just. Dated: White Plains, New York September 18, 2013 BAKER LESHKO SALINE & BLOSSER, LLP By: Mitchell J. Baker White Plains, New York 10601-1712 5
VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) MITCHELL J. BAKER, being duly sworn deposes and says: 1. I am counsel to the plaintiff in this action. 2. I have read the foregoing complaint, and I know the contents thereof. 3. The same are true to my knowledge, except as to those matters which I believe to be true and as to those matter, I believe them to be true. I make this verification as my client is located in a County other than where my office is located. Sworn to before me this 19 th day of September, 2013 MITCHELL J. BAKER Notary Public 6