FILED: NEW YORK COUNTY CLERK 12/30/2016 02:54 PM INDEX NO. 151386/2015 NYSCEF!FILED: DOC. NEW NO. 37 YORK COUNTY CLERK 02/09/2015 01:52 PMl RECEIVED INDEX NO. NYSCEF: 151386/2015 12/30/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/09/2015 PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------)( THE BOARD OF MANAGERS OF 50 WEST 127TH STREET CONDOMINIUM, INDE:X: NO.: Date of Filing: -against- Plaintiff, SUMMONS AND VERIFIED COMPLAINT CHEKESHA KIDD CHRISTIANA TRUST as Trustee of ALRP Trust 4 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA OLD REPUBLIC INSURANCE COMPANY "JOHN DOE" & "JANE DOE" the last two 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, Defendants. --------------------------------------------------------------------)( New York County as the place of trial Premises: 50 West 127th Street Unit 5B New York, New York 10027 Block: 1724 Lot: I 013 Venue is based upon county in which premises are situated TO THE ABOVE NAMED DEFENDANTS: 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 attorneys 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 your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. NOTICE A FORECLOSURE PROCEEDING HAS BEEN COMMENCED AS A RESULT OF YOUR FAILURE TO PAY YOUR CONDOMINIUM ASSOCIATION COMMON CHARGES. If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the condominium association who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can 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 protect your property. I,,
Sending a pavment to your condominium association will not stop this foreclosure action. YOU MUST RESPOND BY SERVING AN A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF CONDOMINIUM ASSOCIATION AND FILING THE ANSWER WITH THE COURT DATED: New York, New York February 3, 201S Yours, etc. DEFENDANTS' ADDRESSES: CHEKESHA KIDD SO West!27th Street, Unit SB New York, New York 10027 CHRISTIANA TRUST, as Trustee of ALRP Trust 4 c/o Altisource Asset Management Corp. 402 Strand Street Frederiksted, VA 00820 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA 230 North Elm Street Greensboro, NC 27401 OLD REPUBLIC INSURANCE COMPANY 307 N. Michigan Avenue Chicago, IL 60601 JOHN DOE 50 West!27th Street, Unit SB New York, New York 10027 JANE DOE SO West 127 h Street, Unit 5B New York, New York 10027 ANDRi W F. TROIA, ESQ., P.C. By: Andrew F. Troia, Esq. Attorney for Plaintiff 59 Maiden Lane, 41 '' Floor New York, New York 10038 (212) 390-87SO
PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------------)( THE BOARD OF MANAGERS OF 50 WEST 127TH STREET CONDOMINIUM, -against- Plaintiff, INDE)(NO.: Date of Filing: VERIFIED COMPLAINT CHEKESHA KIDD CHRISTIANA TRUST as Trustee of ALRP Trust 4 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA OLD REPUBLIC INSURANCE COMPANY "JOHN DOE" & "JANE DOE" the last two 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, Defendants. --------------------------------------------------------------------)( Plaintiff by its attorney, ANDREW F. TROIA, ESQ., P.C., complaining of Defendant, respectfully alleges upon information and belief, as follows: FIRST: At all times hereinafter mentioned, Plaintiff, The Board of Managers of 50 WEST 127TH STREET CONDOMINIUM, (hereinafter the "Board of Managers") was and still is the governing body of 50 WEST 127TH STREET CONDOMINIUM (hereinafter the "Condominium"), a condominium organized pursuant to Article 9-B of the Real Property Law of the State of New York (hereinafter the "Condominium Act"). SECOND: This is an action brought by The Board of Managers of 50 WEST 127TH STREET CONDOMINIUM (hereinafter the "Board of Managers") seeking to foreclose upon the condominium unit know as and located at 50 West 127'h Street, New York New York 10027 for unpaid common charges and, as such, does not meet the criteria for inclusion in the Residential Foreclosure Program and is not eligible for an optional settlement conference. Upon 'i lf
information and belief, at all times hereinafter mentioned, CHEKESHA KIDD, was and still is the fee owner(s) of apartment 5B of the Condominium at the premises known as and located at 50 West 127 111 Street, New York, New York 10027 (hereinafter the "Premises") and designated on the tax roll(s) of the County of NEW YORK as Block 1724, Lot 1013. THIRD: Upon information and belief, Defendant, CHEKESHA KIDD, acquired title to the Premises by deed dated September 18, 2007 and recorded in the office of the City Registrar of the County of New York on October 09, 2007 and recorded in CRFN 2007000510009. FOURTH: The Declaration of said Condominium (hereinafter the "Declaration") were duly recorded in the office of the Registrar of the City of New York, County of New York recorded on June 12, 2007 as CRFN 2007000303367. FIFTH: Said Declaration and/or said By-Laws, as authorized by the Condominium Act, contains express covenants in substance as follows: A. The Board of Managers is responsible for the management of the Condominium and is entitled to assess each Unit Owner charges for the maintenance of the common elements of the Condominium and for the operating costs of the Condominium and any additional assessments, a11 in accordance with a condominium Offering Plan of the Condominium, as amended, which is on file with the New York State Department of Law. B. All sums assessed by the Board of Managers as comnion charges and/or assessments, but unpaid, together with interest thereon at the maximum rate permissible by law or late charges are chargeable to any Unit Owner in the Condominium, and constitute a lien on his or her Unit. C. In the event of foreclosure, the Condominium is entitled to the appointment of a receiver.
D. In the event of foreclosure, the Condominium is entitled to collect attorneys' fees as well as all reasonable and necessary expenses related thereto incurred by the Board of Managers. E. A suit to recover a money judgment for unpaid common charges can be maintained without waiving the lien for same. SIXTH: To date, Defendant has failed to comply with the obligations of the Condominium by failing to pay common charges and assessments when due, as follows: Common Charges: June 2014 Balance of- $201.96 July 2014 to February 2015 at $1,155.64 per month (8 x $1,155.64 = $9,245.12) Total= $9,447.08 Late Fee(s): October 2013 to April 2014 at $50.00 per month (7 x $50.00 = $350.00). June 2014 to December 2014 at $50.00 per month (7 x $50.00 = $350.00) Total = $700.00 Legal Fee(s): Disbursements: $1,275.00 to date $1,226.13 to date Total Owed Through February 2015: $12,648.21 SEVENTH: On or about September 9, 2014, a Thirty Day Notice of Default was sent to the Defendant demanding payment of the outstanding accounts. Annexed hereto as Exhibit "A" is a copy of the Thirty Day Demand Notice. On or about January 12, 2015, a Verified Notice of Lien for Unpaid Common Charges and late charges and/or legal fees (hereinafter the "Lien") in the amount of $6, 708. 72 was filed against the Premises in the office of the City Register of the County of New York. A copy of said Lien is annexed hereto as Exhibit "B". EIGHTH: The Lien is a continuing lien, and includes all amounts due and owing the Condominium. Defendant, CHEKESHA KIDD, continue in default of his obligation to make payments of said charges to the Board of Managers.
NINTH: Each of the above-named Defendants has or claims to have or may claim to have some interest in or lien upon said premises or some part thereof, which interest or lien, if any, has accrued subsequent to and is subject and subordinate to the lien held by the said Board of Managers. TENTH: No other action or proceeding has been commenced or maintained or is now pending at law or otherwise for the recovery of said common charges, other charges, or part thereof. ELEVENTH: Christiana Trust, as Trustee of ALRP Trust 4 is the first mortgage holder and, as such, has been named as a Defendant in this action. TWELFTH: United Guaranty Residential Insurance Company of North Carolina is a possible secondary mortgage holder, as such, has been named as a Defendant in this action. THIRTEENTH: Old Republic Insurance Company is also a possible secondary mortgage holder, as such, has been named as a Defendant in this action. FOURTEENTH: The Plaintiff requests that in the event that this action proceeds to judgment of foreclosure and sale, said Premises should be sold subject to the following: (a) (b) (c) Any state of facts that an accurate survey of the Premises would disclose; Any state of facts that an accurate survey of the Premises would show; Covenants, restrictions, easements, reservations and public utility agreements of record, if any; ( d) Building and zoning ordinances, if any, filed by any federal, state or municipal agency in which the Premises are located and possible violations of same and/or assessments; ( e) Any rights tenants or persons in possession of the subject Premises; (f) Any equity ofredemption of the United States of America to redeem the Premises within 120 days and/or one year from the date of sale; (g) Any other prior liens of record, if any.
FIFTEENTH: Upon information and belief, any Defendant captioned as a corporation is a corporation duly authorized to conduct business in New York State. WHEREFORE, the Plaintiff demands judgments of the Defendants and each of them and all persons claiming under them or any of them, subject to the priorities contained in Section 339-z of the Real Property Law of the State of New York, subsequent to the commencement of this action and the filing of a notice of pendency thereof and subsequent to the filing of the Declaration of the Condominium, be barred and foreclosed of and from all estate, right, title, interest, claim, lien and equity of redemption of, in and to the said Premises and each and every part or parcel thereof; that the said Premises may be decreed to be sold in or parcel, according to law in as is physical order and condition, subject to the items set forth in this complaint; that the monies arising from the sale thereof may be brought into Court; that the Plaintiff may be paid the amount due it for common charge, other charges and late fees as alleged herein, together with interest to the time of such payment and together with sums expended by the Board of Mangers during the pendency of this action and the expenses of such sale, plus reasonable attorneys' fees, together with the costs, allowance and disbursements of this action, and together with any sums incurred by Plaintiff pursuant to any term or provision of the Declaration and/or By-Laws set forth in this complaint, or to protects the Plaintiffs lien, together with interest upon said sums from dates of the respective payments and advances thereof, so far as the amount of such monies properly applicable thereto will pay the same; that this Court forthwith appoint a receiver of the rents and profits of said Premises, during the pendency of this action with the usual powers and duties; and that the Defendants CHEKESHA KIDD be adjudged to pay any deficiency as the Court may determine to be just and equitable, pursuant to section 1371 of the RP APL, of the debt remaining unsatisfied after a sale of the Premises and the application of the proceeds pursuant to the directions contained in such judgment, and that The Board of Managers be issued a Writ of Assistance from the Court authorizing the Sheriff/Marshall of the County of NEW YORK to remove all occupants of the Premises located at 50 West 127 h Street, Unit 58, New I ~. "
York, New York 10027 from possession thereof; and that the plaintiff may have such other and further relief, or both in the Premises, as may be just and equitable, together with the costs and disbursements of this action. Dated: New York, New York February 3, 2015 Yours, etc. / 2'---c:- Z-~ -- AifnRifvf F. TROIA, ESQ., P.C. By: Andrew F. Troia, Esq. Attorney for Plaintiff 59 Maiden Lane, 41 st Floor New York, New York 10038 (212) 390-8750 k ' i
VERIFICATION STATEOFNEWYORK ) )ss.: COUNTY OF NEW YORK ) I, Stephen Wilson being duly sworn, deposes and say: I am the assistant secretary of the Board of Managers of 50 WEST 127TH STREET CONDOMINIUM, a condominium organized and existing under and by virtue of the laws of the State of New York and the Plaintiff in the within action. I have read the foregoing Verified Complaint and know the contents thereof; and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. Ji~li:~ stephen~n Sworn to before me this 3r<1 day of February 2015 [) ~Qf.1,""e,,_,,,,_(""""'~==''r---r-N_OT._AA_Y p"'~""suci~a~~~~ew YORK l Notary Public NEW YORK COUNTY UC. #01NU6230359 COMM. EXP.!\ - I -LD\ f:,
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ANDREW F. TROIA, ESQ., r.c. 59 MAIDEN LANE, 41 ST FLOOR NEW YORK, NY 10038 TEL: (212) 390-8750 FAX: (646) 390-2847 THIRTY (30) DAY NOTICE OF DEFAULT September 9, 2014 Chekesha Kidd 50 West 127<h Street, Apt. SB New York, New York 10027 Premises: Block: 50West127 111 Street, Unit SB, New York, New York 10027 1724; Lot 1013 Dear Unit Owner(s): PLEASE BE ADVISED THAT UNDER THE PROVISIONS OF THE "FAIR DEBT COLLECTION PRACTICE ACT" WE ARE ACTING AS DEBT COLLECTORS IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU DISPUTE THIS DEBT OR ANY PORTION THEREOF, YOU MAY REQUEST IN WRITING THAT YOU BE PROVIDED WITH VERIFICATION OF THE AMOUNT DUE. UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THE DEBT IS VALID. PLEASE TAKE NOTICE, that you are in default of your obligation to pay common charges and other charges for the captioned condominium unit ("unit") pursuant to the Condominium By-Laws. Your arrears to date total $6, 708. 72, which comprises common charges, late fees, legal fees and assessments. PLEASE TAKE FURTHER NOTICE, that you must cure this breach, i.e. specifically, make full payment of $6,708.72 said amount being inclusive of the legal fees(s) incurred by the Condominium as a result of your default, on or before October 20, 2014. The above sum must be forwarded to the office of Andrew F. Troia Esq., P.C. at 59 Maiden Lane, 41 ''Floor, New York, New York 10038 by BANK CHECK or CERTIFIED CHECK made payable to "50 West 127 111 Street Condominium" on or before October 20, 2014. BE ADVISED that if you fail to make full payment by the said date, the condominium association will file a lien against your condominium unit and, thereafter, will commence a foreclosure action in the Supreme Court of the State of New York.
BE FURTHER ADVISED, that the undersigned attorneys are authorized to act on behalf of the condominium association and to serve you with any notices or court papers. Any response to this notice must be directed to our attention. VeryJyo~ ~w F~oi~ Esq. Sent by Regular Mail and Certified Mail Return Receipt Requested Certified Mail Receipt# 7014 0510 0000 19416384 ADDITIONAL MAILING: Old Republic Insurance Company 307 North Michigan Avenue Chicago, IL 60601 Certified Mail Receipt# 7014 0510 0000 1941 6391 Christina Trust 402 Strand Street Frederiksted, VI 00840-3531 Certified Mail Receipt# 7014 0510 0000 1941 6407
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NYC DEPARTMENT OF FINANCE OFFICE OF THE CITY REGISTER This page is part of the instrument. The City Register will rely on tho information provided by you on this page for purposes of indexing this instrument.the information on this page will control for indexing purposes in the event of any conflict with the rest of the document. 2015010700502001001E005F RECORDING AND ENDORSEMENT COVER PAGE PAGEl OF4 Document ID: 2015010700502001 Document Date: 10-20-2014 Preparation Date: 01-07-2015 Document Type: LIEN OF COMMON CHARGES Document Pn c Count: 3 PRESENTER: AMERICAN LAND SERVICES, INC. (PICK UP-JOHN COX) 690! JERICHO TURNPIKE, SUITE 210 ( ALCR 1090 l 3NY) SYOSSET, NY 11791 516-921-4466 RETURN TO: ANDREW F. TROIA, ESQ. 59 MAIDEN LANE, 41ST FLOOR NEW YORK, NY 1003 8 Borough MANHATTAN Block Lot PROPERTY DATA Unit Address 1724 1013 Entire Lot SB 50 WEST 127 STREET Property Type: SINGLE RESIDENTIAL CONDO UNIT CRFN or CROSS REFERENCE DATA Document!D or Year Reel Page or FileNumber PARTY ONEffiEBTOR: CHEKESHA KIDD 50 WEST 127TH STREET, UNIT 5B NEW YORK, NY 10027 PARTIES PARTY TWO/SECURED PA: BOARD OF MANAGERS OF 50 WEST 127TH STREET CONDOMINIUM, 50 WEST 127TH STREET NEW YORK, NY 10027 Mortgage: Mortgage Amount: $ Taxable Mort a e Amount: $ Exemption: TAXES: Coun Basic): $ Ci (Additional): $ S ec Additional : $ TASF: $ MTA: $ NYCTA: $ Additional MR T: $ TOTAL: $ Recordin Fee: $ Affidavit Fee: $ FEES AND TAXES Filing Fee: 0.00 $ 0.00 0.00 NYC Real Property Transfer Tax: $ 0.00 0.00 NYS Real Estate Transfer Tax: 0,00 $ 0.00 0.00 RECORDED OR FILED IN THE OFFICE 0.00 ~~ -...,OF THE CITY REGISTER OF THE 0.00.#' ~. CITY OF NEW YORK 0.00 Recorded/Filed 01-12-2015 09:50 0.00 City Register File No.~CRFN): 0.00 015000012037 52.00 0.00 ~ City Register Official Signature
NOTICE UNDER THE CONDOMINIUM ACT FOR UNPAID COMMON CHARGES To the Clerk of the County of New York, State of New York, and all others whom it may concern: CJ!fease 'Ta~!!Voticethat the 1Uldersigned Board of Managers, on behalf of the unit owners, as Lienor has and claims a lien on the condominiwn unit described as follows: (!.)The names (if any) and address of the property is 50West127th Street Condominium 50 West 127 1 h Street, New York, New York 10027. (2.) The Iiber and page of record of the declaration is: CRFN# 2007000303367. (3.) The name of the record owner of the unit is Chekesha Kidd ( 4.) The unit designation is 5B - Borough: New York Block: 1724 Lot: 1013 (5.) The amount and purpose for which due is: $6,708.72 for unpaid common charges, assessments and legal fees. (6.) The date when due is October 20, 2014. Dated: October 24, 2014 The Board of Managers (Lienor) II by.,,),.cr/ Stephen ilson Property Manager of the Board of Managers of 50 West!27th Street Condominiwn
STATE OF NEW YORK, COUNTY OF NEW YORK ss.: VERIFICATION Stephen Wilson, being duly sworn, deposes and says: Deponent has read the foregoing notice oflien and knows that contents thereof, and that the same is true to deponents' own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that as to those matters deponent believes it to be true. The reason why this verification is made by deponent is that deponent is Property Manager of the Board of Managers of 50 West l 27'h Street Condominium and deponent is familiar with the facts and circumstances herein.. /I// ),f' - YL~, u:' c ~~/=~~!'/"_-_,, ~1 ----, Stcphe ilson Prope y Manager of the Board of Managers of 50 West 127 10 Street Condominium State of New York ) ) SS: County of New York ) On the 24th day of October 2014, before me personally appeared Stephen Wilson, for 50 West 127 h Street Condominium personally known to me on the basis of satisfactory to be the individual(s) whose name(s) is (are) subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument ~~~ Notary Phli OOllOTHV 0 NUNEZ.. NOTARY PUBLIC STA'IE OF NEW YORK I NEW VORK COUNlY IJC, 'f\nui:_a,o:l5~\l\ COMM. EXP. - 1-""7=0~-~ -----~-- ----
Lien for Common Charges BOARD OF MANAGERS of 50 West 127th Street Condominium against Chekesha Kidd Notice of Lien Amount: $6,708.72 Unit Designation: Unit SB Block: 1724 Lot: 1013 Attorney( s) for Lien or Andrew F. Troia, Esq., P.C. 59 Maiden Lane, 41 ' 1 Floor New York, New York 10038 (212) 390-8750
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK..._...._...-...-...,;;..-...-..-...-...;.;... ~.. x THE BOARD OF MANAGERS OF 50 WEST 127 STREET CONDOMINIUM, INDEX NO.: Plaintiff, -against- CHEKESHA KIDD CHRISTIANA TRUST as Trustee of ALRP Trust 4 UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA OLD REPUBLIC INSURANCE COMPANY "JOHN DOE" & "JANE DOE" the last two 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, Defendants. ---- -" -~ ---- ----- --------- -------- - '" "-X SUMMONS AND COMPLAINT ANDREW F. TROIA ESQ., P.C. By: Andrew F. Troia, Esq. 59 Maiden Lane, 4 l st Floor New York, New York l0038 (212) 390-8750 COMPLIANCE PURSUANT TO 22 NYCRR 130-1.1-a To the best of the undersigned's knowledge, infonnation and belief formed after an inquiry reasonable under the circumstances, the within document( ) and contentions contained herein are not frivolous as defined in 22NYCRR 130-1.1-a