FILED: QUEENS COUNTY CLERK 03/03/ :49 AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/03/2017

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1 FILED QUEENS COUNTY CLERK 03/03/ AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 03/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X HK FIRM 1, LLC, Petitioner, - against WILBUR C. MANNING and CARL KATZ, Respondents X Index No. /2017 VERIFIED PETITION Petitioner HK FIRM 1, LLC, by its attorneys, Cornicello, Tendler & Baumel- Cornicello, LLP, as and for his verified petition alleges as follows 1. This action is commenced pursuant to R.P.A.P.L to obtain an Order (i) (ii) (iii) discharging of record a mortgage, given on September 18, 1980, in the sum of $260,000.00, by Vincent Young, Percy Young, Sally Young, and Paul Young, as mortgagors, to Respondents Wilbur C. Manning and Carl Katz, as mortgagees, which was recorded in the Register s Office of the County of Queens, on September 30, 1980, in Reel 1285, Page 904 (the Mortgage ), and now remains a lien on the property designated as Lot 15 in Block 2166 on the Land Map of the City of New York, the County of Queens, and more commonly known as nd Drive, Forest Hills, New York (the Property ), notwithstanding that the Mortgage was paid in full; directing the register or clerk of Queens County to mark the Mortgage as canceled and discharged of record; and directing that the debt or other obligation secured by the Mortgage be canceled. 2. Petitioner HK Firm 1, LLC ( Petitioner ), is the current owner of the Property. (A copy of the deed transferring the Property to Petitioner, dated December 30, 2016, 1 of 5

2 FILED QUEENS COUNTY CLERK 03/03/ AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 03/03/2017 and recorded in the City Register s Office on January 6, 2017 is annexed hereto as Exhibit A). 3. Petitioner is single member LLC in which Vincent Young is the sole member. 4. The Property was previously owned by Vincent Young, as tenant in common, with his father Percy Young, his mother Sally Young, and his brother Paul Young (collectively the Young Family ). (A copy of the deed transferring the Property to the Young Family, as tenants in common, from Wilbur C. Manning, dated September 18, 1980, and recorded in the Register s Office of the County of Queens, on October 1, 1980, in Reel 1285 at Page 1639, is annexed as Exhibit B). 5. Thereafter, the Young Family transferred the Property to an entity known as H & K Firm Inc., by written deed dated March 29, 1999, and recorded in the City Register s Office on May 21, (A copy of said deed is annexed as Exhibit C). 6. As noted above, on December 30, 2016, H & K Firm Inc. transferred the Property to Petitioner (see, Exhibit A). THE MORTGAGE SOUGHT TO BE DISCHARGED 7. At the time the Property was transferred to Petitioner, the title report revealed that a mortgage given thirty-seven (37) years ago by the Young Family remained outstanding on the Office of City Register Parcel Search. (Annexed as Exhibit D is a Title Search performed by a licensed title company, initially conducted on November 1, 2016, and updated before the closing of the transfer to Petitioner on December 30, 2016). 8. Specifically, on September 18, 1980, the same date that the Property was transferred to the Young Family, Respondents Wilbur C. Manning and Carl Katz gave the Young Family a loan in the sum of $260,000.00, which was secured against the Property 2 2 of 5

3 FILED QUEENS COUNTY CLERK 03/03/ AM INDEX NO /2017 NYSCEF DOC. NO. 1 RECEIVED NYSCEF 03/03/2017 through the recorded Mortgage. (A copy of the Mortgage recorded in the City Register s Office of Queens County on September 30, 1980, in Reel 1285 at Page 90, is annexed hereto as Exhibit E). 9. To date, the Mortgage has not been assigned of record or extended, nor does any instrument appear of record bearing upon the Mortgage or the disposition of funds secured thereby. (Annexed as Exhibit F is a certified copy of the Search Results by Parcel Identifier of the Register s Office of the County of Queens, State of New York, evidencing the outstanding chain of title of the Purchase Money Mortgage). 10. As verified in this Petition by the sole surviving mortgagee, Vincent Young, the Mortgage was in fact paid in full by the Young Family many years ago. 11. After conducting a diligent search of the Young Family records, due to the passage of time since the Mortgage was given (over 37 years ago), no records exist confirming payment of the Mortgage. 12. Petitioner s search included efforts to contact its prior accountant, and the attorney who prepared the Mortgage, Edward I. Penson, Esq. who has since been suspended from the practice of law pursuant to an order of the Court dated November 10, Matter of Attorneys in Violation of Judiciary Law 468-a, 2009 NY Slip Op 08049, 70 A.D.3d 132 (1 st Dept. 2009). 13. Nearly thirty-seven (37) years have passed since the Mortgage was given in September Since that date, there has been no demand for unpaid principal or interest on the Mortgage. Since that date, no action has ever been instituted to enforce the Mortgage. 3 3 of 5

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