FILED: QUEENS COUNTY CLERK 12/21/2015 02:19 PM INDEX NO. 713077/2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/22/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X Index No.: 713077/2015 AMERICAN CHENGYI INVESTMENT MANAGEMENT GROUP, INC., -against- Plaintiff, VICTORIA TOWERS DEVELOPMENT CORP., JEFFREY WU, VERONICA WU, VICTORIA CONSTRUCTION LLC, SUPER PLUMBING & BUILDING SUPPLY INC., NEW YORK STATE DEPARTMENT OF TAXAXTION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, THE CITY OF NEW YORK and "JOHN DOE #1" through "JOHN DOE #100," the last fifty names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the complaint, NOTICE OF PENDENCY 133-38 Sanford Avenue, Flushing, New York Block 5121 Lot: 1138 Defendants. NOTICE IS HEREBY GIVEN THAT, an action has been commenced and is pending in the Supreme Court of the State of New York, County of Queens upon a Verified Complaint of the above named plaintiff against the above named defendants for the foreclosure of (i) that certain Amended And Restated Mortgage And Security Agreement dated April 15, 2014 in the original principal amount of $5,000,000.00, made by Victoria Towers Development Corp. ("VTDC") in favor of Plaintiff, and recorded on or about April 29, 2014 in the Office Of The City Register Of The City Of New York (the "Register's Office") as CRFN: 2014000144472; and (ii) that certain Amended And Restated Mortgage And Security Agreement dated May 14, 2014 in the original principal amount of $10,000,000.00, made by VTDC in favor of plaintiff, and recorded on or about May 20, 2014 in the Register's Office as CRFN: 2014000173575.
NOTICE IS FURTHER GIVEN, that the premises affected by the said foreclosure action is located in Queens County, and was at the time of the commencement of said action, as described in the aforementioned mortgages, and is known as 133-38 Sanford Avenue, Flushing, New York, Unit: 10A. THE CLERIC OF THE COUNTY OF QUEENS is hereby directed to index this notice to the names of the following defendants: VICTORIA TOWERS DEVELOPMENT CORP., JEFFREY WU, VERONICA WU, VICTORIA CONSTRUCTION LLC, SUPER PLUMBING & BUILDING SUPPLY INC., NEW YORK STATE DEPARTMENT OF TAXAXTION AND FINANCE, NEW YORK CITY DEPARTMENT OF FINANCE, THE CITY OF NEW YORK, and as against the premises situate in Block: 5121, Lot: 1138 on the land and tax map of the County of Queens in the State of New York, and known as 133-38 Sanford Avenue, Flushing, New York, Unit: 10A. Dated: New York, New York December 18, 2015 PRYOR CASHMAN LLP Attorneys for Plaintiff American Chengyi Investment Management Group, Inc. By: Michael H. Levison Conrad K. Chiu Madelon A. Gauthier 7 Times Square New York, NY 10036-7311 Telephone: (212) 326-0432 Facsimile: (212) 515-6961 2
SCHEDULE A Legal Descrintion 32
Title Number: PSA168-03329Q SCIEEDULE A CONTINUATION Policy Number: M-8912-001101436 The Con dominiuin Units (hereinafter referred to as the "Units") in the building (hereinafter referred to as the "Building"), known as Victoria Towers Condominium and by the Street Number 133-36/133-38 Sanford Avenue, p/k/a 134-49 Maple Avenue, Borough of Queens, County of Queens, City and State of New York, said Units being designated and described as the Residential Units shown on Exhibit A annexed hereto in a Declaration dated July 2, 2010 made by Victoria Towers Development Corp. and Wu Towers, uc, pursuant to Article of the Real Property Law of the State of New York (hereinafter referred to as the Condominium. Act"); establishing a plan for condominium ownership of the Building and the land (hereinafter referred to as the "Land"), upon which the Building is situated (which Land is more particularly described below), which Declaration was recorded in the City Register's Office on October 8, 2010 as CRFN 2010000339616, (which Declaration and Amendments (if applicable) thereto are hereinafter collectively referred: to as the "Declaration"). The Units is also designated as Tax Lots (shown on Exhibit A annexed hereto) in Block 5121 of the Borough of Queens on the Tax Map of the Real Property Assessment Department of the City of New York and on the Floor Plans of the Building, certified by Anthony J. Korai, Registered Architect, on September 17, 2010 and filed with. the Real Propeity Assessment Department of the City of New York on September 23, 2010, as Condominium Plan No. 756, and also filed in the Queens City Register's Office on October 8, 2010 as CRPN 2010000339617. TOGETHER with an undivided percentage interest shown on Exhibit A annexed hereto in the Common Elements (as such term is defined in the Declaration). The Land area on which the Building containing the Unit is erected Is described as follows: ALL that certain plot piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sanford Avenue (70 feet wide), said point being 103.47 westerly from the comer formed by the intersection of the southerly side of Sanford Avenue, and the westerly side of Main Street (formerly Jagger Avenue., 100 feet wide); RUNNING THENCE southerly, parallel with the westerly side of Main Street 251.31 feet to a point; ALTA LOAN POLICY SCEEDULE A PAGE 4
RUNNING 'MINCE westerly, along a line forming an interior angle of 104 degrees 52 minutes 33 seconds on the northwest with the last mentioned course, 37.2.2 feet to a point; RUNNING ragnce northerly at right angles to the last mentioned course, 39.38 feet to a point; RUNNING THENCE westerly, along a line forming an interior angle of 254 degrees 56 minutes 13 seconds on the northeast with the last mentioned course, 44.06 feet to a point; RUNNING THENCE northerly, along a line forming an interior angle of 105 degrees 03 minutes 47 seconds on the northeast with the last mentioned course, 192.06 feet to the southerly side of Sanford Avenue; THENCE easterly along the southerly side of Sanford Avenue, and at right angles to the last mentioned course, 14428 feet to the point or place of BEGINNING. EASEMENT PARCEL (as to Block 5121, lot 45) Terms, covenants, conditions and restriction of an easement for the benefit of Due Lot 23 as described in the Parking Restrictive Dechration dated May 29, 2013; as supplemented by Supplemental Declaration of Easement, Covenants, Restriction and Conditions dated May 29, 2013; and, as modified by Parking Restrictive Declaration dated May 29, 2013 in CON 2013000279223 and MN 2013000279224. Unit No. I Common Elements SB SC 5D SE SG 6A GC 61) 6E 6G Tax Lot No. Percentage 1104 0.72% 1105 0.89% 1106 0.59% 1107 0.52% 1109 0.54% 1110 0.70% 1112 0.89% 1113 0.59% 1114 0.52% 1116 0.59% Unit No. i Common Elements Tax Lot No. Percentage 713 1118 0.72% isata LOAN POLICY SCHEDULE A PAGE 5
7C 1119 0.89% ID 1120 0,59% 7E 1121 0.52% 7G 1123 0.59% 8B 1125 0.72% 8C 1126 0.90% SD 1127 0.52% SE 1128 0.52% SF 1129 0.54% SG 1130 0.59% 9A 1131 0.70% 9B 1132 0,72% 9C 1133 0.89% 91) 1134 0,59% 91E 1135 0.52% 9F 1136 0.54% 93 1137 0,59% 10A. 1138 0.70% 10B 1139 0.71% 10C 1140 1.00% 101) 1141 1.01% 10E 1142 0,54% 10F 1143 0.59% 11A 1144 0.70% 11 C 1146 0.92% 111) 1147 047% 11F 1149 0.59% 12A 1150 0.70% 12C 1152 0.92% 1213 1153 0.87% 123 1154 0.54% 12F 1155 0,59% Unit No. (Common E1em ants T2I Lot No. Percentage 13A 1156 0.70% 1.313 1157 0.71% 13C 1158 0.92% 13E 1160_ 0.54% 13F 1161 0.59% ALTA LOAN POLICY SOMME A PAGE 6
15A 1162 0.70% 15C 1164 0,92% 157 1167. 0.59% 16A 1168 0.70% 16B 1169, 0.71% 16C 1170 0.92% 16D 1171 0.87% 16E 1172 0.54% 16F 1173 0.59% 17A 1174, 0.70% 17/3 1175 0.71% 17C 1176 0.92% 17D 1177 0.87%. 17E 1178 0.54% 17F 1179 0.59% 18A 1180 0.70% 18B 1181 0.71% 18C 1182 0.92% 180 1183 0.87% 18E 1184 0.54% 18F 1185, 0.59% 19A 1186 0.70% 19E 1187 0.71% 19C 1188 190 1189 0.87% 19E 1190 0.54% 191? 1191 0.59% Dalt No. / common Elements Tax Lot No. Percentage 21H 1198 1.82% 211 1199 1.94% 21.7 1200 1.60% 21K 1201 1.92%, ALTA LOAN POLICY SCHEDULE A PAGE 7