Preview
FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BANK OF AMERICA, N.A., SUCCESSOR BY Index No.
MERGER TO FLEET NATIONAL BANK Date Filed:
Plaintiff,
-against- SUMMONS
Plaintiff designates
GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A KINGS County as the place of trial
ELI YAHU GREGO; RINA GREGO; NYC based on the location of the
DEPARTMENT OF FINANCE; BANCO POPULAR mortgaged premises in this action.
NORTH AMERICA and "John Doe" and/or "Jane Doe" #
1-10 inclusive, the last ten names being fictitious and
unknown to plaintiff, the persons or parties intended being
the tenants, occupants, persons, corporations or heirs at
law, if any, having or claiming an interest in or lien upon
the premises described in the complaint,
Defendant(s).
We are attempting to collect a debt, and any information obtained will be used for that
purpose.
To the above-named Defendant(s):
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 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) or within (60) days after service of this summons if it is
the United States of America; 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.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy of the answer on
the attorney for the mortgage company 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. Sending a payment to your mortgage
company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER
WITH THE COURT.
NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT
This is an action to foreclose a mortgage lien on the premises described herein.
The object of the above captioned action is to foreclose a Mortgage executed by Gliyahu Grego
and Rina Grego, as Mortgagors, to Fleet National Bank, a Mortgage to secure $150,000.00 and interest,
dated March 23, 2005, (the Mortgage), which was recorded in the Office of the City Register of Kings
County on May 2, 2005 in CRFN 2005000252564, covering premises known as 2210 E 4TH ST,
BROOKLYN, COUNTY OF KINGS, STATE OF NY 11223 (BLOCK: 7130 LOT: 29).
The relief sought in the within action is a final judgment directing the sale of the premises
described above. The Plaintiff also seeks a deficiency judgment against the Defendant, GLIYAHU
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GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO, for any debt secured by said
Mortgage which is not satisfied by the proceeds of the sale of said premises, unless discharged in
bankruptcy.
Dated: Manhasset, New York
June 7, 2024
DAVID A. GALLO & ASSOCIATES LLP
By:/S/ David A. Gallo
David A. Gallo, Esq.
Attorneys for Plaintiff
47 Hillside Avenue - 2nd Floor
Manhasset, NY 11030
(516) 583-5330
(516) 583-5333 - fax
TO GLIYAHU GREGO A/K/A ELIYAHU
GREGO A/K/A ELI YAHU GREGO
2210 E 4TH ST
BROOKLYN, NY 11223
RINA GREGO
2210 E 4TH ST
BROOKLYN, NY 11223
NYC DEPARTMENT OF FINANCE
P.O. BOX 680
NEWARK, NJ 07101-0680
BANCO POPULAR NORTH AMERICA
1200 ST. NICHOLAS AVE
NEW YORK, NY 10032
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BANK OF AMERICA, N.A., SUCCESSOR BY Index No.
MERGER TO FLEET NATIONAL BANK
Plaintiff,
-against- VERIFIED COMPLAINT
MORTGAGE FORECLOSURE
GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A
ELI YAHU GREGO; RINA GREGO; NYC
DEPARTMENT OF FINANCE; BANCO POPULAR
NORTH AMERICA and "John Doe" and/or "Jane Doe" #
1-10 inclusive, the last ten names being fictitious and
unknown to plaintiff, the persons or parties intended being
the tenants, occupants, persons, corporations or heirs at
law, if any, having or claiming an interest in or lien upon
the premises described in the complaint,
Defendant(s).
Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO FLEET NATIONAL
BANK, (hereinafter referred to as "BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO
FLEET NATIONAL BANK"), by its attorneys, David A. Gallo & Associates LLP, complains and
alleges, upon information and belief, as follows:
1. This is an action to foreclose a mortgage lien on the premises described herein.
2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the
owner, has been delegated the authority to institute a mortgage foreclosure action by the owner and
holder of the subject note and mortgage. See attached note incorporated herein. Foreclosing party or
creditor (“Noteholder”), directly or through an agent, has possession of the promissory note. The
promissory note is either made payable to the Foreclosing Party or has been duly indorsed.
3. Where applicable, the plaintiff has complied with all the provisions of the Banking Law § 595-a
and rules and regulations promulgated thereunder, Banking Law § 6-l or 6-m as applicable to the
subject loan, and RPAPL § 1304, as amended.
4. The plaintiff, assignee, or mortgage loan servicer has timely complied with the provisions of
RPAPL § 1306.
5. A demand for payment of the mortgage arrears was made by correspondence. This Notice
complies with the default procedures both as to form and timing as set forth in the mortgage. The
Notice demanded payment at least 30 days after the date in which the Notice was mailed to the
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mortgagor by first-class mail. A copy of the Demand Letters is annexed hereto and made a part
hereof.
6. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to ELIYAHU GREGO on
05/17/2023 to the address of the property, which is the Borrowers' last known address, at 2210 E 4TH
ST, BROOKLYN NY 11223-4823 by registered or certified and first class mail. The certified mailing
bore United States Postal Service Tracking Number (9207190254432932512336) Copies of the 90
Day Notices sent to the Borrower are annexed hereto and made a part hereof.
7. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to RINA GREGO on
05/17/2023 to the address of the property, which is the Borrowers' last known address, at 2210 E 4TH
ST, BROOKLYN NY 11223-4823 by registered or certified and first class mail. The certified mailing
bore United States Postal Service Tracking Number (9207190254432932512343) Copies of the 90
Day Notices sent to the Borrower are annexed hereto and made a part hereof.
8. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The text following
the title of the 90 Day Notice was typed in at least fourteen (14) point font.
9. Plaintiff is, and at all times relevant herein was, a corporation authorized to conduct business in
the State of New York, with its principal place of business located at 7105 Corporate Dr., Plano, TX
75024.
10. The premises, which are the subject of this action, are situated at 2210 E 4TH ST,
BROOKLYN, NY 11223 (the “Premises”).
11. GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO is named as
Defendant because he is a purported owner of record of the Premises and is obligor on a certain note
secured by a mortgage on the Premises. RINA GREGO is named as co-mortgagor and a purported
owner of record of the Premises. Upon information and belief, said Defendants last known residence is
at the Premises.
12. "John Doe" and/or "Jane Doe" # 1-10 inclusive, are fictitious and unknown to plaintiff. They
are named as Defendant(s) to designate any and all tenants, occupants, persons, corporations or heirs at
law, if any, having or claiming an interest in or lien upon the Premises.
13. The following are made party Defendant(s) herein solely because they may have or claim to
have a lien affecting the Premises:
BANCO POPULAR NORTH AMERICA; NYC DEPARTMENT OF FINANCE
The above liens are subject and subordinate to the lien of the Plaintiff's mortgage. (See, copy of
Mortgage/Judgment Schedules attached hereto and made part hereof.)
14. On or about March 23, 2005, Defendant GLIYAHU GREGO executed and delivered to FLEET
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NATIONAL BANK a Note (the "Note"), whereby he agreed to pay to FLEET NATIONAL BANK or
its transferees the sum of $150,000.00, plus increases in principal, if any, with interest thereon,
installments of principal and interest to be paid monthly, in substantially equal payments on the same
date of each month until maturity, all as provided in the Note.
15. As collateral security for the payment of the Note, Defendant(s) GLIYAHU GREGO and RINA
GREGO (“Defendants”), executed, acknowledged, and delivered to FLEET NATIONAL BANK, a
mortgage, to secure $150,000.00 and interest, dated March 23, 2005, (the Mortgage), which was
recorded in the Office of the City Register of Kings County on May 2, 2005 in CRFN 2005000252564,
and the mortgage recording tax was duly paid. A copy of said documents are annexed hereto and
made a part hereof.
16. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and
fully described in Schedule A annexed hereto and made part hereof.
17. The Note provides, inter alia, for the payment of late charges in case of default of any
installment which has become due and remained unpaid in excess of 15 days and further provides, inter
alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is
referred to an attorney for collection.
18. The Mortgage obligates the Defendant(s), inter alia, to pay, on a monthly basis, to plaintiff, at
plaintiff's option, an amount equal to 1/12 of the annual taxes, assessments, ground rents, and hazard
and mortgage insurance premiums to become due in connection with the Premises pursuant to the
Mortgage.
19. The Mortgage provides, inter alia, for the payment of late charges in case of default of any
installment which has become due and remained unpaid in excess of 15 days.
20. The Mortgage provides, inter alia, that in the event of a default in the payment of any principal
or interest that might become due thereon, plaintiff may declare the entire indebtedness secured by the
Mortgage immediately due and payable and commence an action to foreclose the Defendant(s) rights in
the Premises and sell them pursuant to applicable law.
21. The Note and Mortgage obligates the Defendant(s), inter alia, to pay plaintiff's reasonable
attorney's fees in the event of a default and in any action to foreclose the Mortgage.
22. The Defendant(s) defaulted under the terms of the Note and Mortgage by omitting and failing to
make monthly payments of principal and interest due from April 7, 2023, through date.
23. As a result of the foregoing and in accordance with its rights under the Note and Mortgage,
plaintiff has elected to exercise its option to demand immediate payment in full of the amounts
outstanding under the Note and Mortgage and has notified the Defendant(s) of its decision to demand
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immediate payment in full.
24. As a result of the Defendant(s) failure to pay the obligation under the Note and Mortgage, there
is now due and owing to plaintiff on the principal of the Mortgage the sum of $123,231.52 together
with accrued interest from March 7, 2023 at the present rate of 7.24000% as stated in the Note and
Mortgage, and such other payments as are set forth in the Note and Mortgage. Notwithstanding the
foregoing, plaintiff seeks the unpaid principal balance, interest arrears, escrows and such other
payments as may be due under the note and mortgage as may be collected under applicable New York
law. Plaintiff does not seek to sue or collect on any debt that may be barred under the statute of
limitations.
25. In order to protect its security, plaintiff may be compelled during the pendency of this action to
pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer
rents which are or may become liens on the mortgaged premises, and other charges which may be
necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so
paid, together with interest from the date of payment, shall be added to the plaintiff's claim and be
deemed secured by said Note and Mortgage and adjudged a valid lien on the mortgaged premises, and
that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the
mortgaged premises.
26. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in
one parcel.
27. The mortgaged premises under foreclosure herein is to be sold subject to any state of facts an
accurate survey would show; and to covenants, restrictions, reservations, easements and agreements of
record, if any, and any violations thereof; and to building restrictions and zoning ordinances of the town
or municipality in which said mortgaged premises are situated, if any, and any violations thereof; and to
conditional bills of sale, security agreements and financing statements filed in connection with said
mortgaged premises, if any, but only to the extent that any of the foregoing are not barred or foreclosed
by this action; and to existing tenancies, if any, except such tenants who are parties Defendant(s) to this
action; and to all unpaid real estate taxes, assessments, water charges and sewer rents, which are liens
upon the premises but are not due or payable as of the time of the sale. In addition, the purchaser of the
mortgaged premises at the foreclosure sale shall be required to pay all applicable local and state
transfer taxes, deed stamps or other taxes due in connection with the transfer of the mortgaged
premises.
28. The plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment, after the date of the commencement of this action, of any
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or all of the defaults mentioned herein; and such election shall continue and remain effective until the
costs and disbursements of this action, and all present and future defaults under the Note and Mortgage
and occurring prior to the discontinuance of this action are fully paid.
29. In the event the plaintiff possesses any other liens against the mortgaged premises either by way
of a junior mortgage or otherwise, the plaintiff requests that such other liens shall not be merged into
the cause of action set forth in this complaint, but that the plaintiff shall be permitted to enforce said
other liens and seek determination of the priority thereof in any independent action or proceeding
including without limitation any surplus money proceeding.
No prior action or proceeding has been commenced or is now pending to enforce the terms of the
Mortgage, or any part thereof.
WHEREFORE, plaintiff demands judgment against the Defendant(s) as follows:
A. That each and all of the Defendant(s) in this action, and any and all persons claiming by,
through and under any of them, subsequent to the commencement of this action and the filing of
the notice of pendency of this action, may be forever barred and foreclosed of any and all right,
title and interest, claim, lien and equity of redemption in the mortgage Premises;
B. That the Court direct that the Premises can be sold according to law, in one parcel or
otherwise as equity may require;
C. That the monies arising from the sale of the Premises may be brought into Court or paid
to the plaintiff in accordance with RPAPL§ 1354.
D. That the monies due to plaintiff on the Mortgage may be adjudged and computed;
E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with interest
at the time of such payment, together with any monies advanced and paid pursuant to any term
or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes,
insurance premiums and all other charges and liens paid thereon with interest upon said amount
from the date of the respective payments and advances, together with all amounts due by virtue
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of statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees
over and above the amounts covered by the statutory attorney's fees, together with the expenses
of the sale insofar as the amount of such monies properly applicable thereto will pay the same;
F. That if the proceeds of the sale of the Premises are insufficient to pay the amount found
due to plaintiff as set forth in the immediately preceding paragraph, the officer making the sale
be required by the judgment of sale herein to specify the amount of such deficiency in the report
of sale;
G. That a deficiency judgment be awarded in favor of the plaintiff and against the
defendant, GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO;
H. That plaintiff be awarded reasonable attorney's fees as provided in the Note and
Mortgage, as well as the costs and disbursements of this action; and
I. That plaintiff has such other and further relief as may be just and proper.
Dated: Manhasset, New York
June 7, 2024
DAVID A. GALLO & ASSOCIATES LLP
By:/S/ David A. Gallo
David A. Gallo, Esq.
Attorneys for Plaintiff
47 Hillside Avenue - 2nd Floor
Manhasset, NY 11030
(516) 583-5330
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VERIFICATION
STATE OF NEW YORK
COUNTY OF NASSAU
David A. Gallo, hereby affirms under the penalties of perjury and pursuant to CPLR 2106 that
he/she is one of the attorneys for the plaintiff; that he/she has read the foregoing summons and
complaint and knows the contents thereof; that the same is true to his/her own knowledge except as to
matters stated to be upon information and belief, and as to those matters he/she believes them to be
true. The grounds of his/her belief as to matters not stated upon his/her knowledge are statements
and/or records provided by the plaintiff, its agents and/or employees and contained in the file in the
attorneys' office. This verification is made pursuant to CPLR Section 3020(d)(3) as the Plaintiff is not
in the county of Nassau, which is where plaintiff's attorneys' office is located.
Dated: Manhasset, New York
June 7, 2024
DAVID A. GALLO & ASSOCIATES LLP
By:/S/ David A. Gallo
David A. Gallo, Esq.
Attorneys for Plaintiff
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INDEX #
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO FLEET NATIONAL BANK
Plaintiff,
-against-
GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO; RINA GREGO; NYC
DEPARTMENT OF FINANCE; BANCO POPULAR NORTH AMERICA and "John Doe" and/or
"Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or
claiming an interest in or lien upon the premises described in the complaint,
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
Signature (Rule 130-1.1-a)
____________________________
/S/ David A. Gallo
David A. Gallo, Esq.
DAVID A. GALLO & ASSOCIATES LLP
Attorneys for Plaintiff
47 Hillside Avenue - 2nd Floor
Manhasset, NY 11030
(516) 583-5330
Our file #: 8250.1180
To:
Attorney(s) for
Service of a copy of the within _______________ is hereby admitted.
Dated: __________________ ____________________________
Attorney's for:
Sir:-Please take notice
o NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on 2024
o NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented for
settlement to the HON. one of the judges
of the within named court, at
on 2024 at M.
Dated,
Yours, etc.
DAVID A. GALLO & ASSOCIATES LLP
Office & P.O. Address
47 Hillside Avenue - 2nd Floor
Manhasset, NY 11030
(516) 583-5330
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Preview
FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BANK OF AMERICA, N.A., SUCCESSOR BY Index No. MERGER TO FLEET NATIONAL BANK Date Filed: Plaintiff, -against- SUMMONS Plaintiff designates GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A KINGS County as the place of trial ELI YAHU GREGO; RINA GREGO; NYC based on the location of the DEPARTMENT OF FINANCE; BANCO POPULAR mortgaged premises in this action. NORTH AMERICA and "John Doe" and/or "Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendant(s). We are attempting to collect a debt, and any information obtained will be used for that purpose. To the above-named Defendant(s): 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 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) or within (60) days after service of this summons if it is the United States of America; 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 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company 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. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT This is an action to foreclose a mortgage lien on the premises described herein. The object of the above captioned action is to foreclose a Mortgage executed by Gliyahu Grego and Rina Grego, as Mortgagors, to Fleet National Bank, a Mortgage to secure $150,000.00 and interest, dated March 23, 2005, (the Mortgage), which was recorded in the Office of the City Register of Kings County on May 2, 2005 in CRFN 2005000252564, covering premises known as 2210 E 4TH ST, BROOKLYN, COUNTY OF KINGS, STATE OF NY 11223 (BLOCK: 7130 LOT: 29). The relief sought in the within action is a final judgment directing the sale of the premises described above. The Plaintiff also seeks a deficiency judgment against the Defendant, GLIYAHU 2 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO, for any debt secured by said Mortgage which is not satisfied by the proceeds of the sale of said premises, unless discharged in bankruptcy. Dated: Manhasset, New York June 7, 2024 DAVID A. GALLO & ASSOCIATES LLP By:/S/ David A. Gallo David A. Gallo, Esq. Attorneys for Plaintiff 47 Hillside Avenue - 2nd Floor Manhasset, NY 11030 (516) 583-5330 (516) 583-5333 - fax TO GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO 2210 E 4TH ST BROOKLYN, NY 11223 RINA GREGO 2210 E 4TH ST BROOKLYN, NY 11223 NYC DEPARTMENT OF FINANCE P.O. BOX 680 NEWARK, NJ 07101-0680 BANCO POPULAR NORTH AMERICA 1200 ST. NICHOLAS AVE NEW YORK, NY 10032 3 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BANK OF AMERICA, N.A., SUCCESSOR BY Index No. MERGER TO FLEET NATIONAL BANK Plaintiff, -against- VERIFIED COMPLAINT MORTGAGE FORECLOSURE GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO; RINA GREGO; NYC DEPARTMENT OF FINANCE; BANCO POPULAR NORTH AMERICA and "John Doe" and/or "Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendant(s). Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO FLEET NATIONAL BANK, (hereinafter referred to as "BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO FLEET NATIONAL BANK"), by its attorneys, David A. Gallo & Associates LLP, complains and alleges, upon information and belief, as follows: 1. This is an action to foreclose a mortgage lien on the premises described herein. 2. The plaintiff is the mortgagee and the holder of the subject note and mortgage and if not the owner, has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the subject note and mortgage. See attached note incorporated herein. Foreclosing party or creditor (“Noteholder”), directly or through an agent, has possession of the promissory note. The promissory note is either made payable to the Foreclosing Party or has been duly indorsed. 3. Where applicable, the plaintiff has complied with all the provisions of the Banking Law § 595-a and rules and regulations promulgated thereunder, Banking Law § 6-l or 6-m as applicable to the subject loan, and RPAPL § 1304, as amended. 4. The plaintiff, assignee, or mortgage loan servicer has timely complied with the provisions of RPAPL § 1306. 5. A demand for payment of the mortgage arrears was made by correspondence. This Notice complies with the default procedures both as to form and timing as set forth in the mortgage. The Notice demanded payment at least 30 days after the date in which the Notice was mailed to the 4 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 mortgagor by first-class mail. A copy of the Demand Letters is annexed hereto and made a part hereof. 6. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to ELIYAHU GREGO on 05/17/2023 to the address of the property, which is the Borrowers' last known address, at 2210 E 4TH ST, BROOKLYN NY 11223-4823 by registered or certified and first class mail. The certified mailing bore United States Postal Service Tracking Number (9207190254432932512336) Copies of the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof. 7. A ninety (90) day pre-foreclosure notice ("90 Day Notice") was sent to RINA GREGO on 05/17/2023 to the address of the property, which is the Borrowers' last known address, at 2210 E 4TH ST, BROOKLYN NY 11223-4823 by registered or certified and first class mail. The certified mailing bore United States Postal Service Tracking Number (9207190254432932512343) Copies of the 90 Day Notices sent to the Borrower are annexed hereto and made a part hereof. 8. The title of the 90 Day Notice was typed in at least fourteen (14) point font. The text following the title of the 90 Day Notice was typed in at least fourteen (14) point font. 9. Plaintiff is, and at all times relevant herein was, a corporation authorized to conduct business in the State of New York, with its principal place of business located at 7105 Corporate Dr., Plano, TX 75024. 10. The premises, which are the subject of this action, are situated at 2210 E 4TH ST, BROOKLYN, NY 11223 (the “Premises”). 11. GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO is named as Defendant because he is a purported owner of record of the Premises and is obligor on a certain note secured by a mortgage on the Premises. RINA GREGO is named as co-mortgagor and a purported owner of record of the Premises. Upon information and belief, said Defendants last known residence is at the Premises. 12. "John Doe" and/or "Jane Doe" # 1-10 inclusive, are fictitious and unknown to plaintiff. They are named as Defendant(s) to designate any and all tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the Premises. 13. The following are made party Defendant(s) herein solely because they may have or claim to have a lien affecting the Premises: BANCO POPULAR NORTH AMERICA; NYC DEPARTMENT OF FINANCE The above liens are subject and subordinate to the lien of the Plaintiff's mortgage. (See, copy of Mortgage/Judgment Schedules attached hereto and made part hereof.) 14. On or about March 23, 2005, Defendant GLIYAHU GREGO executed and delivered to FLEET 5 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 NATIONAL BANK a Note (the "Note"), whereby he agreed to pay to FLEET NATIONAL BANK or its transferees the sum of $150,000.00, plus increases in principal, if any, with interest thereon, installments of principal and interest to be paid monthly, in substantially equal payments on the same date of each month until maturity, all as provided in the Note. 15. As collateral security for the payment of the Note, Defendant(s) GLIYAHU GREGO and RINA GREGO (“Defendants”), executed, acknowledged, and delivered to FLEET NATIONAL BANK, a mortgage, to secure $150,000.00 and interest, dated March 23, 2005, (the Mortgage), which was recorded in the Office of the City Register of Kings County on May 2, 2005 in CRFN 2005000252564, and the mortgage recording tax was duly paid. A copy of said documents are annexed hereto and made a part hereof. 16. The Premises encumbered by said Mortgage, with all appurtenances thereto, is bounded and fully described in Schedule A annexed hereto and made part hereof. 17. The Note provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days and further provides, inter alia, for the payment of all costs and expenses, including attorney's fees in the event the Note is referred to an attorney for collection. 18. The Mortgage obligates the Defendant(s), inter alia, to pay, on a monthly basis, to plaintiff, at plaintiff's option, an amount equal to 1/12 of the annual taxes, assessments, ground rents, and hazard and mortgage insurance premiums to become due in connection with the Premises pursuant to the Mortgage. 19. The Mortgage provides, inter alia, for the payment of late charges in case of default of any installment which has become due and remained unpaid in excess of 15 days. 20. The Mortgage provides, inter alia, that in the event of a default in the payment of any principal or interest that might become due thereon, plaintiff may declare the entire indebtedness secured by the Mortgage immediately due and payable and commence an action to foreclose the Defendant(s) rights in the Premises and sell them pursuant to applicable law. 21. The Note and Mortgage obligates the Defendant(s), inter alia, to pay plaintiff's reasonable attorney's fees in the event of a default and in any action to foreclose the Mortgage. 22. The Defendant(s) defaulted under the terms of the Note and Mortgage by omitting and failing to make monthly payments of principal and interest due from April 7, 2023, through date. 23. As a result of the foregoing and in accordance with its rights under the Note and Mortgage, plaintiff has elected to exercise its option to demand immediate payment in full of the amounts outstanding under the Note and Mortgage and has notified the Defendant(s) of its decision to demand 6 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 immediate payment in full. 24. As a result of the Defendant(s) failure to pay the obligation under the Note and Mortgage, there is now due and owing to plaintiff on the principal of the Mortgage the sum of $123,231.52 together with accrued interest from March 7, 2023 at the present rate of 7.24000% as stated in the Note and Mortgage, and such other payments as are set forth in the Note and Mortgage. Notwithstanding the foregoing, plaintiff seeks the unpaid principal balance, interest arrears, escrows and such other payments as may be due under the note and mortgage as may be collected under applicable New York law. Plaintiff does not seek to sue or collect on any debt that may be barred under the statute of limitations. 25. In order to protect its security, plaintiff may be compelled during the pendency of this action to pay sums for premiums on insurance policies, real estate taxes, assessments, water charges and sewer rents which are or may become liens on the mortgaged premises, and other charges which may be necessary for the protection of the mortgaged premises, and the plaintiff prays that any sum or sums so paid, together with interest from the date of payment, shall be added to the plaintiff's claim and be deemed secured by said Note and Mortgage and adjudged a valid lien on the mortgaged premises, and that the plaintiff be paid such sums, together with interest thereon, out of the proceeds of the sale of the mortgaged premises. 26. The Mortgage provides that, in the case of foreclosure, the mortgaged premises may be sold in one parcel. 27. The mortgaged premises under foreclosure herein is to be sold subject to any state of facts an accurate survey would show; and to covenants, restrictions, reservations, easements and agreements of record, if any, and any violations thereof; and to building restrictions and zoning ordinances of the town or municipality in which said mortgaged premises are situated, if any, and any violations thereof; and to conditional bills of sale, security agreements and financing statements filed in connection with said mortgaged premises, if any, but only to the extent that any of the foregoing are not barred or foreclosed by this action; and to existing tenancies, if any, except such tenants who are parties Defendant(s) to this action; and to all unpaid real estate taxes, assessments, water charges and sewer rents, which are liens upon the premises but are not due or payable as of the time of the sale. In addition, the purchaser of the mortgaged premises at the foreclosure sale shall be required to pay all applicable local and state transfer taxes, deed stamps or other taxes due in connection with the transfer of the mortgaged premises. 28. The plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment, after the date of the commencement of this action, of any 7 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and all present and future defaults under the Note and Mortgage and occurring prior to the discontinuance of this action are fully paid. 29. In the event the plaintiff possesses any other liens against the mortgaged premises either by way of a junior mortgage or otherwise, the plaintiff requests that such other liens shall not be merged into the cause of action set forth in this complaint, but that the plaintiff shall be permitted to enforce said other liens and seek determination of the priority thereof in any independent action or proceeding including without limitation any surplus money proceeding. No prior action or proceeding has been commenced or is now pending to enforce the terms of the Mortgage, or any part thereof. WHEREFORE, plaintiff demands judgment against the Defendant(s) as follows: A. That each and all of the Defendant(s) in this action, and any and all persons claiming by, through and under any of them, subsequent to the commencement of this action and the filing of the notice of pendency of this action, may be forever barred and foreclosed of any and all right, title and interest, claim, lien and equity of redemption in the mortgage Premises; B. That the Court direct that the Premises can be sold according to law, in one parcel or otherwise as equity may require; C. That the monies arising from the sale of the Premises may be brought into Court or paid to the plaintiff in accordance with RPAPL§ 1354. D. That the monies due to plaintiff on the Mortgage may be adjudged and computed; E. That plaintiff may be paid the amount adjudged to be due on the Mortgage with interest at the time of such payment, together with any monies advanced and paid pursuant to any term or provision of the Mortgage so as to protect the lien of the Mortgage, and together with taxes, insurance premiums and all other charges and liens paid thereon with interest upon said amount from the date of the respective payments and advances, together with all amounts due by virtue 8 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 of statutory costs, allowances and attorney's fees, together with any reasonable attorney's fees over and above the amounts covered by the statutory attorney's fees, together with the expenses of the sale insofar as the amount of such monies properly applicable thereto will pay the same; F. That if the proceeds of the sale of the Premises are insufficient to pay the amount found due to plaintiff as set forth in the immediately preceding paragraph, the officer making the sale be required by the judgment of sale herein to specify the amount of such deficiency in the report of sale; G. That a deficiency judgment be awarded in favor of the plaintiff and against the defendant, GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO; H. That plaintiff be awarded reasonable attorney's fees as provided in the Note and Mortgage, as well as the costs and disbursements of this action; and I. That plaintiff has such other and further relief as may be just and proper. Dated: Manhasset, New York June 7, 2024 DAVID A. GALLO & ASSOCIATES LLP By:/S/ David A. Gallo David A. Gallo, Esq. Attorneys for Plaintiff 47 Hillside Avenue - 2nd Floor Manhasset, NY 11030 (516) 583-5330 9 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 VERIFICATION STATE OF NEW YORK COUNTY OF NASSAU David A. Gallo, hereby affirms under the penalties of perjury and pursuant to CPLR 2106 that he/she is one of the attorneys for the plaintiff; that he/she has read the foregoing summons and complaint and knows the contents thereof; that the same is true to his/her own knowledge except as to matters stated to be upon information and belief, and as to those matters he/she believes them to be true. The grounds of his/her belief as to matters not stated upon his/her knowledge are statements and/or records provided by the plaintiff, its agents and/or employees and contained in the file in the attorneys' office. This verification is made pursuant to CPLR Section 3020(d)(3) as the Plaintiff is not in the county of Nassau, which is where plaintiff's attorneys' office is located. Dated: Manhasset, New York June 7, 2024 DAVID A. GALLO & ASSOCIATES LLP By:/S/ David A. Gallo David A. Gallo, Esq. Attorneys for Plaintiff 10 of 11 FILED: KINGS COUNTY CLERK 07/02/2024 04:38 PM INDEX NO. 518106/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 INDEX # SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO FLEET NATIONAL BANK Plaintiff, -against- GLIYAHU GREGO A/K/A ELIYAHU GREGO A/K/A ELI YAHU GREGO; RINA GREGO; NYC DEPARTMENT OF FINANCE; BANCO POPULAR NORTH AMERICA and "John Doe" and/or "Jane Doe" # 1-10 inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons, corporations or heirs at law, if any, having or claiming an interest in or lien upon the premises described in the complaint, Defendant(s) SUMMONS AND VERIFIED COMPLAINT Signature (Rule 130-1.1-a) ____________________________ /S/ David A. Gallo David A. Gallo, Esq. DAVID A. GALLO & ASSOCIATES LLP Attorneys for Plaintiff 47 Hillside Avenue - 2nd Floor Manhasset, NY 11030 (516) 583-5330 Our file #: 8250.1180 To: Attorney(s) for Service of a copy of the within _______________ is hereby admitted. Dated: __________________ ____________________________ Attorney's for: Sir:-Please take notice o NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 2024 o NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on 2024 at M. Dated, Yours, etc. DAVID A. GALLO & ASSOCIATES LLP Office & P.O. Address 47 Hillside Avenue - 2nd Floor Manhasset, NY 11030 (516) 583-5330 11 of 11