Preview
FILED: NEW YORK COUNTY CLERK 09/09/2019 11:20 AM INDEX NO. 850230/2016
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/09/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
__-.........
_--------.........----. ------------....------- X
HNY CLUB SUITE OWNERS ASSOCIATION
INC., BY AND THROUGH ITS BOARD OF
MANAGERS,
Plaintiff, Index No. 850230/2016
-against- AFFIRMATION IN
SUPPORT
MYRNA S. ROSS, et al.
Defendants.
______ ... ---------------------------------------------X
Maria Sideris, Esq., an attorney admitted to practice in the State of New York, does
hereby affirm to be true, under the penalties of perjury as follows:
1. I am an associate with the Law Firm of DRUCKMAN IAW GROUP PLLC, attorneys
for the Plaintiff, and as such I am fully familiar with the facts herein stated.
2. I submit this Affirmation in support of Plaintiff s Motion seeking to confirm
and/or ratify the Referee's Oath and Report filed herein and to obtain a Judgment of Foreclosure
and Sale pursuant to RPL § 339-aa and RPAPL § 1351.
3. The above-entitled action was brought to foreclose a Notice of Lien for unpaid and
delinquent Timeshare Owners Association Assessments bearing the date of November 6, 2016 and
duly recorded in the New York County Clerk's Office on November 22, 2016 in CRFN#:
2016000413486 of Liens (the "Lien").
4. As shown by the Bargain and Sale Deed duly recorded, the Defendants MYRNA
S. ROSS and JOHN R. ROSS ("Defendants") are the unit owners in fee of a 5,000/28,402,100
undivided tenant in common interest in the timeshare unit known as HNY Club Suites Phase I,
located at 1335 Avenue of the Americas, New York, New York 10019, Block 1006 and Lot 1302
"A"
("Premises") and which unit is more particularly described in the Schedule annexed hereto.
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5. Under and pursuant to the terms, provisions, coveñants, restrictions, conditions and
options contained in the Declaration and Bylaws, the unit owners are bound and obligated to pay all
taxes, assessments, and other charges, fines and impositions attributable to the property.
6. In breach and contravention of the Declaration and Bylaws, the Defendants have
failed to remit assessment charges allocated to and due upon the subject unit from and including
January 1, 2016 to present.
7. As of November 2, 2016 , the Defendants were iñdebted to the Plaintiff in the sum of
Ten Thousand Three Hundred Twenty-Three Dollars and 28/100 ($10,323.28) said sum
representing unpaid assessment charges and related fees through December 31, 2015 relating to
ownership of the Premises.
8. The Summons and Complaint correctly state all the particulars required by law to
be stated in same, and were duly filed in the office of the Clerk of the County of New York, the
county in which the mortgaged premises are situated, on December 2, 2016, which is more than
twenty (20) days from the date hereof, an index number was obtained and paid for, and the
Notice of Pendency of Action was also filed on December 2, 2016. Copies of the Summons, and
Complaint are annexed hereto.
9. Since April 28, 2017, the date of the Affirmation of Regularity of Maria Sideris,
Esq., with respect to the regularity of the proceedings, there has been no change in the status of
the case and there have been no additional proceedings herein other than the Order of this Court
dated May 30, 2017 appointing a Referee to compute, the hearing before the Referee appointed
herein to compute and the Referee's Report dated August 28, 2019 and filed herein.
10. None of the defendants has served an âüswer to the complaint, nor have they
made any motion with respect thereto and none of the defendants have appeared.
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11. The time for all other defendants to appear, añswer or move with respect to the
coinplaint has fully expired and their time to do so has not been extended by stipulation, order of
this Court, or otherwise and the defendants are now in default in appearing except as hereinabove
set forth.
12. On August 28, 2019, the Referee duly executed a report, wherein said Referee
determined that there is due and owing to the Plaintiff the total aggregate sum of $12,834.75 plus
interest and other expenses from June 26, 2019. The Referee also determined that the subject
unit should be sold in one parcel. Thus, Plaintiff respectfully requests that the original Referee's
Oath and Report submitted herewith be ratified and confirmed.
13. It is respectfully requested that the caption of this action be amended to substitute
HNY CLUB SUITES OWNERS ASSOCIATION INC., BY AND THROUGH ITS BOARD OF
DIRECTORS in place and stead of Plaintiff.
14. Plaintiff respectfully requests that Plaintiffs attorneys be awarded of attorney's
fees as the Court may determine to be just and equitable and an additional allowance of $300.00.
Plaintiff respectfully invites the Court's attention to its counsel Affirmation of Reasonable
Attorney Fees and Discretionary Allowance detailing the reasons why the requested relief is
appropriate.
15. None of the Defendants in default is in the military service as defined by the
Soldiers' Sailors'
Service Members Civil Relief Act/Military Law and the and Civil Relief Act;
and none of the Defendants herein is an infant, incompetent or absentee.
16. Pursuant to CPLR Rule 3408(a), this matter is not a foreclosure action on a
residential lien loan as such term is defined in the RPAPL § 1304. Accordingly, a settleiiicñt
conference is not necessary in this matter.
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17. All of the proceedings have been regular and in accordance with the rules and
practices of this court.
18. No previous application has been made for the relief requested herein.
WHEREFORE, affirmant on behalf of the Plaintiff respectfully asks that the Referee's Oath
and Report be ratified and confirmed, the Plaintiff have Judgment of Foreclosure and Sale in the
usual form, together with the costs, disbursements and extra allowance as provided by the Civil
Practice Law and Rules, and such other and further relief as may be just and proper.
Dated: September 9, 2019
Westbury, New York
//Iaria der Esq.
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Preview
FILED: NEW YORK COUNTY CLERK 09/09/2019 11:20 AM INDEX NO. 850230/2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK __-......... _--------.........----. ------------....------- X HNY CLUB SUITE OWNERS ASSOCIATION INC., BY AND THROUGH ITS BOARD OF MANAGERS, Plaintiff, Index No. 850230/2016 -against- AFFIRMATION IN SUPPORT MYRNA S. ROSS, et al. Defendants. ______ ... ---------------------------------------------X Maria Sideris, Esq., an attorney admitted to practice in the State of New York, does hereby affirm to be true, under the penalties of perjury as follows: 1. I am an associate with the Law Firm of DRUCKMAN IAW GROUP PLLC, attorneys for the Plaintiff, and as such I am fully familiar with the facts herein stated. 2. I submit this Affirmation in support of Plaintiff s Motion seeking to confirm and/or ratify the Referee's Oath and Report filed herein and to obtain a Judgment of Foreclosure and Sale pursuant to RPL § 339-aa and RPAPL § 1351. 3. The above-entitled action was brought to foreclose a Notice of Lien for unpaid and delinquent Timeshare Owners Association Assessments bearing the date of November 6, 2016 and duly recorded in the New York County Clerk's Office on November 22, 2016 in CRFN#: 2016000413486 of Liens (the "Lien"). 4. As shown by the Bargain and Sale Deed duly recorded, the Defendants MYRNA S. ROSS and JOHN R. ROSS ("Defendants") are the unit owners in fee of a 5,000/28,402,100 undivided tenant in common interest in the timeshare unit known as HNY Club Suites Phase I, located at 1335 Avenue of the Americas, New York, New York 10019, Block 1006 and Lot 1302 "A" ("Premises") and which unit is more particularly described in the Schedule annexed hereto. 1 of 4 FILED: NEW YORK COUNTY CLERK 09/09/2019 11:20 AM INDEX NO. 850230/2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/09/2019 5. Under and pursuant to the terms, provisions, coveñants, restrictions, conditions and options contained in the Declaration and Bylaws, the unit owners are bound and obligated to pay all taxes, assessments, and other charges, fines and impositions attributable to the property. 6. In breach and contravention of the Declaration and Bylaws, the Defendants have failed to remit assessment charges allocated to and due upon the subject unit from and including January 1, 2016 to present. 7. As of November 2, 2016 , the Defendants were iñdebted to the Plaintiff in the sum of Ten Thousand Three Hundred Twenty-Three Dollars and 28/100 ($10,323.28) said sum representing unpaid assessment charges and related fees through December 31, 2015 relating to ownership of the Premises. 8. The Summons and Complaint correctly state all the particulars required by law to be stated in same, and were duly filed in the office of the Clerk of the County of New York, the county in which the mortgaged premises are situated, on December 2, 2016, which is more than twenty (20) days from the date hereof, an index number was obtained and paid for, and the Notice of Pendency of Action was also filed on December 2, 2016. Copies of the Summons, and Complaint are annexed hereto. 9. Since April 28, 2017, the date of the Affirmation of Regularity of Maria Sideris, Esq., with respect to the regularity of the proceedings, there has been no change in the status of the case and there have been no additional proceedings herein other than the Order of this Court dated May 30, 2017 appointing a Referee to compute, the hearing before the Referee appointed herein to compute and the Referee's Report dated August 28, 2019 and filed herein. 10. None of the defendants has served an âüswer to the complaint, nor have they made any motion with respect thereto and none of the defendants have appeared. 2 of 4 FILED: NEW YORK COUNTY CLERK 09/09/2019 11:20 AM INDEX NO. 850230/2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/09/2019 11. The time for all other defendants to appear, añswer or move with respect to the coinplaint has fully expired and their time to do so has not been extended by stipulation, order of this Court, or otherwise and the defendants are now in default in appearing except as hereinabove set forth. 12. On August 28, 2019, the Referee duly executed a report, wherein said Referee determined that there is due and owing to the Plaintiff the total aggregate sum of $12,834.75 plus interest and other expenses from June 26, 2019. The Referee also determined that the subject unit should be sold in one parcel. Thus, Plaintiff respectfully requests that the original Referee's Oath and Report submitted herewith be ratified and confirmed. 13. It is respectfully requested that the caption of this action be amended to substitute HNY CLUB SUITES OWNERS ASSOCIATION INC., BY AND THROUGH ITS BOARD OF DIRECTORS in place and stead of Plaintiff. 14. Plaintiff respectfully requests that Plaintiffs attorneys be awarded of attorney's fees as the Court may determine to be just and equitable and an additional allowance of $300.00. Plaintiff respectfully invites the Court's attention to its counsel Affirmation of Reasonable Attorney Fees and Discretionary Allowance detailing the reasons why the requested relief is appropriate. 15. None of the Defendants in default is in the military service as defined by the Soldiers' Sailors' Service Members Civil Relief Act/Military Law and the and Civil Relief Act; and none of the Defendants herein is an infant, incompetent or absentee. 16. Pursuant to CPLR Rule 3408(a), this matter is not a foreclosure action on a residential lien loan as such term is defined in the RPAPL § 1304. Accordingly, a settleiiicñt conference is not necessary in this matter. 3 of 4 FILED: NEW YORK COUNTY CLERK 09/09/2019 11:20 AM INDEX NO. 850230/2016 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 09/09/2019 17. All of the proceedings have been regular and in accordance with the rules and practices of this court. 18. No previous application has been made for the relief requested herein. WHEREFORE, affirmant on behalf of the Plaintiff respectfully asks that the Referee's Oath and Report be ratified and confirmed, the Plaintiff have Judgment of Foreclosure and Sale in the usual form, together with the costs, disbursements and extra allowance as provided by the Civil Practice Law and Rules, and such other and further relief as may be just and proper. Dated: September 9, 2019 Westbury, New York //Iaria der Esq. 4 of 4