FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`NYSC EF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO. 614639/2017
`
`
`
`
`
`RECEIVED VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`COMMERCIAL FORECLOSURE
`
`*J
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`.______..___. _____ _.____._X
`
`INDEX NO.
`
`NEW YORK COMMUNITY BANK,
`
`Plaintiff,
`
`Plaintiff
`
`designates SUFFOLK
`County as the place
`of trial. The basis
`
`of venue is the
`situs of the real
`
`property.
`
`SUMMONS
`
`—agains:—
`
`
`
`
`163-165 BRIDGE ROAD, LLC, DONNA MIGLIORE BROWN,
`UNITED STATES OF AMERICA (EASTERN DISTRICT),
`CLERK OF THE SUFFOLK COUNTY TRAFFIC & PARKING
`
`
`
`
`
`
`
`
`
`
`
`
`
`EAST DIV.
`
`VIOLATIONS AGENCY, CLERK OF THE SUFFOLK COUNTY
`DISTRICT COURT, NORTH SHORE LIJ MEDICAL GROUP
`
`
`DEPARJMENT OF EMERGENCY WEDICINE, COMMISSIONER
`OF THE STATE INSURANCE FUND, NEW YORK STATE
`
`
`DEPARTMENT OF TAXATION AND FINANCE , A & N
`
`TRADING a/k/a A & N TRADING CORP. a/k/a A & N
`
`TRADING-SRL CORP., AMSTONE PREMIUM SURFACES,
`
`BIG APPLE VISUAL GROUP, ELITE MANUFACTURING
`
`
`GROJP a/k/a ELITE MANUFACTURING GROUP NORTH
`
`
`INC., HAUPPAUGE TILE & MARBLE,
`INC.,
`"JOHN DOE #1" through "JOHN DOE #20," the last
`twenty 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.
`
`To the above named Defendants
`
`
`
`in this
`YOU ARE HEREQY SUMMONED to answer the complaint
`if the complaint is
`
`action and to serve a copy of your answer, or,
`not served with this Simmons,
`to serve a notice of appearance on the
`
`
`
`
`
`lof 63
`1 of 63
`
`

`

`Ga d
`
`NY 11530
`
`en City,
`516) 812—4500
`
`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`
`Plaintiff's attorney within 20 days after the service of this
`summons, exclusive of the day of service (or within 30 days after
`the service is complete if this summons is not personally delivered
`to you within the State of New York)
`in the event
`the United States
`
`of America is made a party defendant,
`the time to answer for the
`said United States of America shall not expire until
`(60) days after
`service of the summons; 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.
`
`
`
`Dated: August 1, 2017
`
`
`
`
`
`STAGG, TERENZ , CON?US:ONE & WABNIK, LLP
`
`Attorneys re‘ Plaintiff
`v”
`,
`
`
`
`[fiacquel ne M. Della Chie
`40Zéfiranklin Avenue, Suite 300
`x_
`
`(
`
`2 of 63
`2 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RECEIVED NYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`_____ —X
`
`NEW YORK COMMUNITY BANK,
`
`—against—
`
`Plaintiff,
`
`VERIFI
`
`
`INDEX NO.
`
`
`
`L‘J
`
`
`D COMPLAINT
`
`
`
`
`
`
`
`163—165 BRLJGE ROAD, LLC, DONNA MIGL ORE BROWN,
`
`UNITED STATES OF AMERICA (EASTERN DISTRICT),
`CLERK OF THE SUFFOLK COUNTY TRAFFIC & PARKING
`
`
`
`
`
`
`
`
`
`
`T 3 G
`
`VIOLATIONS AGENCY, CLERK OF THE SUFFOLK COUNTY
`
`
`D__ STR_CT COURT, NORTH SHORE LIJ MEDICAL GROUP
`
`
`DEPARTMENT OF EMERGENCY MEDICINE, COMMISS ONLR
`
`
`OF THE STATE INSURANCE FUND, NEW YORK STATE
`
`DEPARTMENT OF TAXATION AND FINANCE , A & N
`
`TRADING a/k/a A & N T<AD__NG CORP. a/k/a A & N
`
`
`
`
`
`
`
`
`
`
`
`
`RADING— SRL CORP., AMSTONE PREMIUM SURFACES,
`IIG APPLE VISUAL GROUP,
`LITE MANUFACTURING
`
`EOUP a/k/a ELITE MANUFACTURI_NG GROUP NORTH
`
`
`"NC.,
`{AUPPAUGfl T LE & MARETE,
`INC.,
`EAST DIV;
`"JOHN DOE #1" through "JOHN DOE #20," the last
`twenty 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
`
`The complaint of the above—named plaintiff, by STAGG, TERENZI,
`
`J.
`
`CONFUSIONE & WABNIK, LLP, its attorneys, alleges:
`
`THE PARTIES
`
`1.
`
`That at all times hereinafter mentioned, plaintiff, New
`
`York Community Bank (the “Plaintiff”) was and still is a New York
`
`State Chartered savings bank, having its principal place of business
`
`at 615 Merrick Ave., Westbury, NY 11590.
`
`3 of 63
`3 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD NYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`2.
`
`At all times relevant herein, Plaintiff was and is the
`
`owner and holder of
`
`the mortgage rote and mortgage executed by
`
`163—165 Bridge Road,
`
`LLC
`
`(the
`
`“Borrower”) more particularly
`
`described below affecting the real property which is the subject
`
`of this foreclosure action.
`
`3.
`
`At all times relevant herein,
`
`the Borrower
`
`(i) was and
`
`
`
`still is a domes:ic corporation organized and existing pursuant
`
`to the laws of
`
`the State of New York;
`
`(ii) was
`
`and still
`
`is
`
`
`
`
`
`transacting or doing business within the State of New York; and
`
`(iii) was
`
`and. still
`
`is the obligor on the mortgage note and
`
`mortgage on the property known as 163 Bridge Road, Hauppauge, NY
`
`11788 a/k/a 163—165 Bridge Road, Hauppauge, NY 11788 a/k/a 163
`
`Bridge Road,
`
`lslandia,
`
`NY
`
`11749 a/k/a 163—165 Bridge Road,
`
`lslandia,
`
`NY 11749 and.
`
`
`located. within the County of Suffolk,
`
`State
`
`
`of
`
`New York
`
`(the
`
`“Premises”)
`
`and more particularly
`
`described on Schedule A annexed hereto.
`
`4.
`
`Defendant Donna Migliore Brown
`
`(the
`
`“Guarantor”)
`
`is
`
`named as
`
`ea defendant herein by virtue of
`
`a cgrtain Hazardous
`
`Material Guaranty Vand
`
`Indemnification Agreement
`
`executed and
`
`delivered to Plaintiff
`
`on October
`
`9,
`
`2007
`
`(the
`
`“Guarantee”)
`
`whereby,
`
`
`inter alia, Guarantor absolutely and unconditionally
`
`guaranteed to Plaintiff that Borrower will fully comply with all
`I!
`and provisions 0; paragraph 10 of
`
`the terms,
`
`covenants
`
`subject mortgage and that if Borrower fails to comply, Guarantor
`
`40f 63
`4 of 63
`
`
`
`the
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`
`
`
`shall reimburse Plainti
`
`upon demand for all costs and expenses
`
`incurred by Plaintiff to the extent not otherwise reimbursed to
`
`Plaintiff’ by i30rrower
`
`Borrower’s obligations
`
`
`
`in connection. with Plaintiff performing
`
`as
`
`set
`
`forth in paragraph 10 of
`
`the
`
`mortgage.
`
`5. Additionally, Guarantor is named as a defendant herein
`
`by virtue of
`
`a certain Springing Lease
`
`(“Springing Lease”)
`
`executed and delivered to Plaintiff on October 9,
`
`2007 whereby
`
`Guarantor
`
`acknowledged
`
`that
`
`the Springing Lease
`
`serves
`
`additional
`
`collateral
`
`for
`
`the Mortgage
`
`as
`
`a
`
`guarantee
`
`as
`H
`
`0;
`
`performance
`
`in payment
`
`of
`
`the mortgage
`
`loan and under
`
`the
`
`Assignment of Rents and Leases.
`
`6.
`
`Defendant United States of America
`
`(Eastern District)
`
`is named as a defendant herein by virtue of the fact that in May
`
`2012
`
`it docketed a
`
`lien against Donna Migliore a/k/a Donna
`
`Brown,
`
`a
`
`copy
`
`of which
`
`is
`
`annexed hereto
`
`and which
`
`is
`
`
`subordinate to the lien of Plaintiff’s mortgage sought
`
`to be
`
`foreclosed herein.
`
`7.
`
`
`Defendant Clerk
`
`of
`
`the Suffolk County Traffic
`
`&
`
`Parking Violations Agency is named as
`
`a defendant herein by
`
`virtue of
`
`the fact
`
`that
`
`in March 2017 it docketed a
`
`judgment
`
`
`
`against Donna M. Brown,
`
`a copy of which is annexed hereto and
`
`which is subordinate to the lien of Plaintiff’s mortgage sought
`
`to be foreclosed herein.
`
`50f 63
`5 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017:
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`J1
`
`i
`1
`l
`I
`
`50mm com: CLERK
`
`RECORDS omen
`
`RECORDING pm
`
`Type of Instrument: mm wax 1.1m — IRS 133mm: Filed:
`number of Pages: 0
`at:
`Receipt number
`: 12-0055246
`Lien nun:
`Tax Map #
`:
`EXAMINED AND CflhRGBD AS FOLLOWS
`
`05/14/2012
`02:05:35 EM
`LEED00015320
`‘
`
`Lien Fee
`
`:
`
`$40.00
`
`Received the Following Fees to: Above Instrument
`Exempt
`tees Paid
`
`NO
`
`$40.00
`
`mars me: Is A mm or m msmumw
`mus Is NOT A BILL
`
`JUDITE A. PASCAL!
`
`County Clerk, Suffolk County
`
`1
`I
`1
`1
`
`.
`‘
`
`,
`I
`
`60f 63
`6 of 63
`
`3
`
`:
`=
`
`E
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`NYSC
`3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO .
`614639/2017
`INDEX NO. 614639/2017
`
`
`
`
`
`R*.C fiIVfiD \IYSCEF:
`08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`3712
`
`$231203?
`Area:
`emu. wetness/sane EMPLOYED AREA #1
`Lion Unit Phone: (000) 913-6050
`
`Department of the Treasury — internal Revenue Service
`Notice of Federal Tax lien
`Seriai Number
`.
`
`ForOotioMane await-norm
`
`865891912
`
`A: provided by section 6321', 6322, and 6323 at the internal Revenue
`Code, we are giving a notice that taxes (including interest and penalties)
`have been assessed against the followers-named taxpayer. We have made
`a demand for payment of this liability, but it retrain: unpaid. Therefore,
`there k a lien infavor oftlte United States on all property and rights to
`'prepertylreioneinltodlis taxpayeriertheamotrntoftirete taxmand
`additional penalties, interest, and costs that may accrue.
`Name oi Taxpayer DONNA MIGLIORB ~
`AKA DONNA BROWN
`
`FILED
`JUDITH R. PFISCHLE
`CLERK OF
`WK OWNW
`DQTE 5/14/2012
`SE9 ii LFEDflODi5320
`
`Residence
`
`163 BRIDGE no
`13mm. a! 11749
`
`
`
`IMPORTANT RELEASE INFORMATION: For each assessment listed below.
`' unieae notice of the lien is reiiied by the data given in column to). this notice shall.
`
`{an lair; diggsi‘oigowing such data. operate as a certificate of release as defined
`it
`a
`
`
`1'
`r riod
`“Ending
`(b
`12/31/2010
`
`identitylng Number
`t
`
`Agumauognt
`(ti)em
`12/05/2011
`
`“‘h'iiin'“
`
`01/04/2022
`
`UnpaidBalance
`
`224854. 85
`
`Ind or'rax
`a
`1040
`
`
`
`Place of Filing
`
`Suffolk County clerk
`Suffolk County
`Riverhead, NY 11901
`
`Total
`
`$
`
`224854 . 85
`
`This notice wee prepared and signed at
`
`
`MANHATTAN , NY
`
`. on this.
`
`me
`
`04th day of May
`
`
`. 2012.
`
`333mm: ore-1cm
`Slaw“ We“ .
`(516) 683- 5164
`for MARGARET A WOODMAN
`(NOR: Certificate ei oiiieor authorized by law to take acknowledgment is not «auntie! to the validity 0! Notice oi Federal Tax lien
`Rev Hui. 71-466. i97i- 20MB #09)
`Form 668(1)“) (Rev. 22004)
`2
`CAT. NO BOOZBX
`
`Perth-lntnylieeordln30inte
`
`r-e
`
`21-06-2262
`
`70f 63
`7 of 63
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO. 614639/2017
`
`
`
` fiIVflD
`
`
`\IYSCEF:
`08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`Suffolk Coungx Clerk's Office
`JUDGMENT — RETRIEVAL REPORT
`
`
`,. 07/03/2017
`
`10:56:37 am
`
`
`General Info for Doc'Date: 3/16/2017 Seq# :
`1143
`Doc Type :
`.
`1ST DISTRICT RED LT
`
`INDEX#
`
`DTPERFECTED
`
`
`COURT
`
`COUNTY
`
`SHERIFF FEES mowing
`
`COST (g1 701nm M
`
`816-000386 3/16/2017
`189
`
`.
`
`SCTPVA
`
`SUFFOLK‘
`COUNTY
`
`N
`
`105.00
`
`_
`
`0.00
`
`105
`
`Debtor Info
`
`AUPPAUGE {it
`
`First Name
`
`Mam;
`BROWN DONNA
`M
`
`Creditor Info
`
`Last Ngme
`CLERK OF THE
`SUFFOLK COUNTY
`. TRAFFIC & PARKING
`VIOLATIONS AGENCY
`
`Attorney Info
`
`__Name
`SUFFOLK COUNTY
`ATTORNEY
`
`First Name
`
`Emu:
`100
`
`Street name
`VETERANS
`MEMORIAL
`
`-§E§Ln§ms
`238 POPLAR ST
`
`Street I!-90 A0012
`
`CENTRAL [SLIP
`
`Mm
`VETERANS
`MEMORIAL
`
`MAWr2
`HWY
`
`£1.01
`HAUPPAUGE
`
`Lute
`NY
`
`.ZJE
`11788
`
`ms
`NY
`
`90
`11788
`
`mH
`
`Page 1 of1
`
`80f 63
`8 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD NYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`8.
`
`Defendant Clerk of
`
`the Suffolk County District Court
`
`is named as
`
`
`a defendant herein by virtue of
`
`the fact
`
`that
`
`in
`
`October 2010 and August 2014 it docketed judgments against Donna
`
`Brown,
`
`a
`
`copy
`
`of which
`
`is
`
`annexed hereto
`
`and which
`
`is
`
`subordinate to the lien of Plaintiff’s mortgage sought
`
`to be
`
` foreclosed herein.
`
`
`
`
`Defendant North Shore LIJ Medical Group Department 0;
`
`I)
`
`9.
`
`Emergency Medicine is named as
`
`a defendant herein by virtue of
`
`the fact
`
`that
`
`in February 2014 it docketed a judgment against
`
`Donna Brown,
`
`a
`
`copy of which.
`
`is annexed. hereto and. which is
`
`
`subordinate to the lien of Plaintiff’s .mortgage
`
`sought
`
`to be
`
`foreclosed herein.
`
`
`10. Defendant Commissioner of
`
`the State Insurance Fund is
`
`named
`
`as
`
`a defendant herein by virtue of
`
`the
`
`fact
`
`that
`
`in
`
`January 2017 it docketed a
`
`
`judgment against Donna M. Brown,
`
`a
`
`copy of which is annexed hereto and which is subordinate to the
`
`lien of Plaintiff’s mortgage sought to be foreclosed herein.
`
`11. Defendant New York State Department of Taxation and
`
`Finance is named as
`
`a defendant herein by virtue of
`
`the fact
`
`that it may have a lien against the Premises for unpaid New York
`
`
`State franchise taxes due and owing against 163—165 Bridge Road,
`
`LLC and for no other reason.
`
`12. Defendant A &
`
`N Trading a/k/a A.
`
`&
`
`N Trading Corp.
`
`a/k/a A & N Trading—SRL Corp.
`
`is named as a defendant herein by
`
`9 of 63
`9 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`
`Suffolk County Clerk's Office
`JUDGMENT - RETRIEVAL REPORT
`
`-
`
`07/03/2017
`
`10:57:51 am
`
`General Info for Doc Date: 11/18/2010 Seq # :
`
`679
`
`Doc Type :
`
`151' DISTRICT PARKING
`
`INDEX 7:
`
`D T PERFECTED
`
`COURT
`
`COUNTY
`
`SHERIFF FEES AMOUNT (g
`
`COST (3
`
`TOTAL
`
`REMARKS
`
`A87374464
`
`10/8/2010
`
`1ST
`DISTRICT
`
`SUFFOLK
`COUNTY
`
`N
`
`180.00
`
`0.00
`
`,
`
`180
`
`Debtor Info
`
`M EM
`BROWN
`DONNA
`
`Streetname
`385 DOCTORS
`WWH
`
`Streams Adda
`
`c_itx
`RIVERHEAD
`
`& Z12
`NY
`11901
`
`»
`
`Creditor Info
`
`Last Name
`CLERK OF THE
`SUFFOLK COUNTY
`DISTRICT COURT
`
`Attorney Info
`
`m.
`DISTRICT ATTORNEY OF
`SUFFOLK COUNTY
`
`Filst Name
`
`I
`
`Street name
`CARLETON
`
`Street Type Addr2
`AVE
`
`State
`gm
`CENTRAL ISLIP NY
`
`gig
`11722
`
`Street #
`400
`
`Street name
`CARLETON
`
`Street gge
`. AVENUE
`
`Addfi
`
`§i_ty_
`CENTRAL ISLIP
`
`Page 1 of 1
`
`10 of 63
`10 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`NYSCI
`3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD NYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`Suffolk Conny Clerk's Office
`JUDGMENT - RETRIEVAL REPORT
`
`
`07/03/2017
`
`11:00:45 am
`
`
`'Geneml Info for Doc Date:
`_8/1/2014
`Seq # .'
`3404-
`Doc Type :
`1ST DISTRICT RED LT
`
`INDEX #
`
`D T PERFECTED
`
`coum'
`
`COUNTY
`
`SHERIFF FEES AMOUNT (a
`
`0031' (Q TOTAL (51
`
`REMARKS
`
`312000049 811/2014
`405
`
`1ST
`DISTRICT
`
`SUFFOLK
`COUNTY
`
`N
`
`75.00
`
`0.00
`
`75
`
`1ST DISTRICT COURT RED LIGHT DIV.
`ORIGINALLY INDEXED DATA WITH INCORRECT
`SPACING. CORRECTED ON 12/08/2014
`'
`
`Debtor Info
`
`NY
`
`am
`11722
`
`mC
`
`ENTRAL ISLIP
`
`Street #
`
`glam
`233 POPLAR
`
`Street Tyge Addr2
`
`Last Name
`BROWN
`
`First Name
`DONNA M
`
`CENTRAL ISLIP State
`
`Creditor Info
`
`Est Name
`CLERK OF THE
`SUFFOLK COUNTY
`DISTRICT COURT
`
`Attorney Info
`Name
`SUFFOLK COUNTY
`ATTORNEY
`
`ELI-18.
`
`Stree; #
`400
`
`We
`CARLETON
`
`film _Addr2
`AVE
`
`State
`fl!
`CENTRAL ISLIP NY
`
`£1211722
`
`Street #
`400
`
`Street name
`CARLETON
`
`m1
`
`Page I of 1
`
`11 of 63
`11 of 63
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO .
`614639/2017
`INDEX NO. 614639/2017
`
`
`
`
`
`RfiC fiIVfiD \IYSCEF:
`08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`Suffolk Conny! Clerk's Office
`JUDGMENT - RETRIEVAL REPORT
`
`
`07/03/2017
`
`10:58:29 am
`
`
`
` General Info for Doc Date: 9/24/2014 ‘ Seq # : 280 Doc Type: JU-TRANSCR-JGMT
`
`
`
`
`
`INDEX #
`
`D T PE F CTED
`
`COURT
`
`comm
`
`SHERIFF FEES AMOUNT {g1
`
`cos1' (g)
`
`TOTAL (51
`
`REMARKS
`
`CV 003725
`13 CE
`
`2/6/2014 10:27:00 AM 1ST
`
`SUFFOLK
`
`0
`
`2478.78
`
`166.92
`
`2645.7
`
`Debtor Info
`
`Last Name
`BROWN
`
`Creditor Info
`
`Fitst Name
`DONNA
`
`_u:_T‘3
`
`street #
`102
`
`Street name
`FINCH
`
`.
`
`Street T192 Addr2
`LANE
`
`NY
`
`11751
`
` State a;
`
`Lax; Name
`NORTH SHORE LU
`MEDICAL GROUP
`DEPT OF EMERGENCY
`MED
`
`Attomey Info
`
`M9
`
`Street # §treet ggme
`Street Txge Addrz
`BRUSH HOLLOW ROAD
`4TH FLOOR
`972
`
`9m
`WESTBURY
`
`_sme
`'NY
`
`2:2
`11590
`
`M
`I‘m
`JEFFREY G LERMAN E80 170
`
`Street name
`OLD COUNTRY
`
`Addfl
`SUITE 600
`
`Qt:
`MINEOLA
`
`Late
`NY
`
`£2
`11501
`
`Page 1 0f 1
`
`12 of 63
`12 of 63
`
`
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO' “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`
`Suffolk Coung Clerk's Office
`JUDGMENT - RETRIEVAL REPORT
`
`07/03/2017 11:01:19 am
`
`
`
`
`
`
`
` " General Info for DacDate: 11131201 7 Seq # ; 277 Doc Type .- JUDGMENT
`
`
`
`INDEX #
`
`D T PERFECTED
`
`COURT
`
`COUNTY
`
`SHERIFF FEES AMOUNT Q).
`
`COST 1;)
`
`TOTAL 1;)
`
`REMARKS
`
`1/13/2017 2:14:00 AM SUP
`16 617247
`Debtor Info
`
`SUFFOLK .
`
`0
`
`6,820.29
`
`275.00
`
`7095.29
`
`Last Name
`BROWN
`
`‘FirstName
`DONNA M
`
`BROWN
`CONSTRUCTION
`SERVICES
`
`Creditor Info
`
`Last Name
`COMMISSIONERS OF
`THE STATE
`INSURANCE FUND
`
`First Name
`
`Attomeyi Info
`
`In: M smtname
`INDIVIDUALLY
`34
`BEVERLY
`AND DBA
`
`34
`
`BEVERLY
`
`.
`
`93;,
`BUFFALO
`
`BUFFALO
`
`State gig
`NY
`14208
`
`NY
`
`14208
`
`Street 1: W Street Txge Addr2
`8
`CORPORATE
`DR
`CTR
`
`%
`MELVILLE
`
`§I§J§
`NY
`
`LIB
`11747
`
`LLP
`
`Name
`PANTERIS 8: PANTERIS
`
`Street # 15% Street mg;
`35 16
`BELL
`BOULEVARD
`
`351er
`SUITE 201
`
`EM
`BAYSIDE
`
`3.235
`NY
`
`1'2
`11361
`
`Page 1 of 1
`
`13 of 63
`13 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`
`virtue o:
`
`the fact that it may be a tenant at the Premises.
`
`13. Defendant Amstone
`
`Premium Surfaces
`
`is
`
`named
`
`as
`
`a
`
`defendant herein by virtue of the fact
`
`that it may be a tenant
`
`at the Premises.
`
`14. Defendant Big Apple Visual Group
`
`is
`
`named
`
`as
`
`a
`
`defendant herein by virtue of the fact
`
`that it may be a tenant
`
`at the Premises.
`
`
`15. Defendant Elite Manufacturing
`
`Group
`
`a/k/a Elite
`
`Manufacturing Group North East Div.
`
`Inc.
`
`is named as a defendant
`
`
`herein by virtue of
`
`the fact
`
`that
`
`it may be a
`
`tenant at
`
`the
`
`Premises.
`
`16.
`
`
`
`Defendant Hauppauge Tile & Marble,
`
`Inc.
`
`is named as a
`
`defendant herein by virtue of
`
`
`the fact
`
`that it may be a tenant
`
`at the Premises.
`
`THE LOAN DOCUMENTS
`
`17.
`
`On
`
`the 9th day of October,
`
`2007
`
`the Borrower duly
`
`executed and delivered to Plaintiff,
`
`a mortgage note bearing the
`
`
`
`said date (the “Note"), wherein and whereby it promised to repay
`
`to Plaintiff,
`
`its successors or assigns,
`
`the principal
`
`sum of
`
`$1,450,000.00 with interest at
`
`the initial rate as set forth in
`
`the Note.
`
`18.
`
`The note provides that
`
`in case of default as herein
`
`the whole of the principal
`
`sum or any part thereof and any other
`
`sums of money secured by the mortgage given to secure this Note,
`
`14 of 63
`14 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`shall,
`
`
`forthwith. or
`
`thereafter, at
`
`the option. of
`
`the Holder,
`
`
`become due and payable and any such default shall entitle the
`
`Holder
`
`
`to declare the cntirc principal
`
`sum and all other monies
`
`due, or any part
`
`thereof,
`
`to be due and payable; and all of the
`
`covenants, agreements,
`
`terms and conditions of said mortgage are
`
`
`
`hereby incorporated herein with the same force and effect as if
`
`herein set forth at length.
`
`19.
`
`The Note provides for the payment of a late charge of
`
`four percent
`
`(4%) of any principal or interest payment made more
`
`than fifteen (15) days after the due date.
`
`20.
`
`The Note provides that
`
`the outstanding principal and
`
`accrued interest, shall be due and payable on November 1,
`
`2017
`
`(the “Maturity Date”).
`
`21.
`
`To secure the payment of
`
`the sum represented by the
`
`Note,
`
`
`the Borrower duly executed and delivered to Plaintif:, on
`
`the 9th day of October,
`
`2007 a Hmrtgage
`
`(the “Mortgage”) dated
`
`
`
`and acknowledged on that day whereby it mortgaged to Plaintiff,
`
`its successors or assigns,
`
`the Premises.
`
`22.
`
`The Mortgage was
`
`recorded in the office of
`
`the Clerk
`
`of
`
`the County of
`
`SUFFOLK on
`
`the 24th day of October,
`
`2007
`
`in Liber: 21624 Page: 616 and the mortgage recording tax thereon
`
`was duly paid.
`
`23.
`
`The Borrower executed and delivered to Plaintiff,
`
`a
`
`collateral
`
`assignment
`
`of
`
`rents
`
`and
`
`leases
`
`(“Collateral
`
`15 of 63
`15 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`Assignment
`
`of Rents
`
`and Leases”) whereby,
`
`
`
`inter alia,
`
`the
`
`
`Borrower assigned,
`
`transferred and delivered to Plaintiff, all
`
`leases and lettings of the Premises.
`
`24.
`
`The Mortgage
`
`accompanying
`
`the Note
`
`provided
`
`for
`
`monthly installment payments
`
`for
`
`taxes, etc.,
`
`as set
`
`forth in
`
`the mortgage.
`
`25.
`
`The Mortgage provided,
`
`among' other‘
`
`things,
`
`that
`
`the
`
`total
`
`indebtedness shall become due at
`
`the option of the holder
`
`of
`
`the
`
`said Mortgage after
`
`failure to keep
`
`any promise or
`
`agreement
`
`in the Mortgage including the promise to pay when due
`
`the amounts
`
`owed] to the lender under
`
`the Note and under
`
`the
`
`Mortgage.
`
`26.
`
`Interest
`
`and other charges
`
`allowed pursuant
`
`to the
`
`Note may be added to the unpaid balance of the obligation on the
`
`
`first day of each month and computed on the unpaid balance of
`
`
`the obligation due as of the last day 0:
`
`the preceding month.
`
`27. Plaintiff is in physical possession of
`
`the Note,
`
`the
`
`mortgagee of record and has the authority to foreclose.
`
`28. Copies of
`
`the loan documents are annexed collectively
`
`as Exhibit “1” and made a part hereof.
`
`29. All conditions precedent,
`
`if any,
`
`contained in the
`
`Note and Mortgage have been complied with.
`
`THE DEFAULT
`
`30. Borrower
`
`failed to comply with the terms,
`
`covenants
`
`16 of 63
`16 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`and conditions of
`
`the Note and. Mortgage Iby defaulting'
`
`in the
`
`payment
`
`of
`
`$9,166.62
`
`for
`
`principal
`
`and
`
`interest,
`
`plus
`
`installments for taxes, etc., which became due on the first
`
`day
`
`of April, 2017, and on the first day of each month thereafter.
`
`31.
`
`
`By reason 0: such defaults,
`
`the plaintiff declares the
`
`
`
`immediately
`
`due
`
`and
`
`balance
`
`of
`
`the principal
`
`indebtedness
`
`payable.
`
`32.
`
`There
`
`is
`
`now due
`
`and
`
`owing to the plaintiff,
`
`the
`
`principal.
`
`SUHL of $1,249,087.32 with interest
`
`thereon.
`
`fron1 the
`
`1s: day of March,
`
`
`
`
`with any sums advanced by the plaintiff on behalf of defendant.
`
`2017 plus accumulated late charges,
`
`together
`
`
`
`33.
`
`To protect
`
`its
`
`security afforded by
`
`the Note
`
`and
`
`Mortgage,
`
`it may
`
`be necessary for plaintiff
`
`to pay taxes,
`
`assessments and water rates which are, or may become liens on
`
`the mortgaged premises, and any other charges for the protection
`
`of
`
`the premises,
`
`and plaintiff hereby demands
`
`that any amounts
`
`which may be so expended shall be added to the amount of
`
`the
`
`principal
`
`sum secured by said Note and Mortgage,
`
`together with
`
`interest from the time of any such payment, and that the same be
`
`paid to the plaintiff from the proceeds of
`
`the foreclosure sale
`
`herein.
`
`34.
`
`The Plaintiff alleges that no other proceedings have
`
`been had for
`
`the recovery of
`
`the sum secured by the Note and
`
`Mortgage or any part thereof.
`
`17 of 63
`17 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSC3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`35.
`
`The premises and title thereto are being sold in “AS
`
`IS” physical order and condition and subject to the following:
`
`
`a)The state of facts an accurate survey will show;
`
`b)All covenants, restrictions, easements, agreements and
`reservations, if any, of record, and to any and all violations
`thereof;
`
`C)
`
`Any and all building and zoning regulations, restrictions and
`ordinances of the municipality in which said premises are
`situated, and to any violations of the same,
`including, but not
`
`limited to,
`any;
`
`reapportionment of lot lines, and vault charges, if
`
`Any and all orders or requirements issued by any governmental
`body having jurisdiction against or affecting said premises and
`any violation of the same;
`
`including any building
`The physical condition of the premises,
`
`or structure on the premises as of the date of closing
`hereunder;
`
`
`
`Rights of tenants in possession,
`
`.C
`'
`i_ any;
`
`
`
`Prior liens, mortgages and judgments, if any, now liens of
`record;
`
`Right of Redemption of United States of America, if any;
`
`Rights of any defendants pursuant to CPLR Section 317, CPLR
`
`Section 2003 and CPLR Section 5015, if any;
`
`Rights afforded to tenants pursuant to RPAPL Section 1303 and 1305,
`if any;
`
`Any and all environmental conditions and any and all Hazardous
`Materials in the premises including, but not limited to,
`flammable explosives, radioactive materials, hazardous wastes,
`
`asbestos or any material containing asbestos, and toxic
`substances; and
`
`
`
`Other conditions as set forth in the terms of sale more
`
`particularly to be announced at the sale.
`
`36.
`
`The Plaintiff further alleges that all the defendants
`
`18 of 63
`18 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`have, or may claim to have,
`
`some interest
`
`in, or
`
`lien upon the
`
`mortgaged premises,
`
`or
`
`some part
`
`thereof, which interest or
`
`lien,
`
`if any,
`
`is subject
`
`and subordinate to the lien of
`
`the
`
`mortgage being foreclosed.
`
`37. Plaintiff shall not be deemed to have waived, altered,
`
`released or
`
`changed the election to accelerate the debt by
`
`reason of any payment made after the date of the commencement of
`
`this action, of any or all of the defaults mentioned herein; and
`
`such election shall
`
`continue and remain effective until
`
`the
`
`costs and disbursements of
`
`this action,
`
`and any and all
`
`future
`
`defaults under the note and mortgage, and occurring prior to the
`
`discontinuance of this action are fully paid.
`
`38.
`
`shall be
`
`The
`
`terms of
`
`the Mortgage provide
`
`
`
`
`liable to plaintif
`or
`reasonable attorney’s
`
`that defendants
`
`fees
`
`incurred by plaintiff to protect or enforce plaintiff's security
`
`interest in the premises.
`
`19 of 63
`19 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`INDEX NO. 614639/2017
`INDEX NO~ “4639/2017
`
`
`
`
`
`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`
`WHEREFORE, plaintiff demands judgment that the defendants
`
`and each of them, and all persons claiming under them, or any of
`
`them subsequent to the commencement 0: this action and the filing of
`
`
`
`the Notice of Pendency thereof, may be barred and foreclosed of all
`
`right, title, claim,
`
`lien and equity of redemption in the mortgaged
`
`premises;
`
`that the premises is being sold in “AS 18” physical order
`
`and condition and may be decreed to be sold in one parcel according
`
`to law subject to the various items set forth in allegation numbered
`
`"35" herein;
`
`that the monies arising from the sale may be brought
`
`
`
`into court;
`
`that plaintiff may be paid the amount due on said note
`
`and mortgage as alleged herein,
`
`together with interest to the time
`
`of such payment,
`
`together with the sums expended by plaintiff prior
`
`to and during the pendency of this action, and for thirty days after
`
`any sale demanded herein for taxes, water rates, sewer rents,
`
`assessments,
`
`insurance premiums and other necessary and essential
`
`charges or expenses in connection therewith to protect the mortgage
`
`lien, plus any sums expended for the protection or preservation of
`
`the property covered by said mortgage and note, and the amount
`
`secured thereby, with interest thereon from the time of such payment
`
`and the costs and expenses of this action including reasonable
`
`attorney’s fees so far as the amount of such monies properly
`
`applicable thereto will pay the same;
`
`
`that plaintif: be decreed to
`
`
`be the owner 0: any and all personal property used in connection
`
`
`
`
`with the said mortgaged premises; SUBJECT TO RIGHT OF REDEMPTION OF
`
`20 of 63
`20 of 63
`
`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`NYSC
`3F DOC. NO.
`1
`NYSCEF DOC. NO. 1
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`INDEX NO. 614639/2017
`INDEX NO. 614639/2017
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`flD VYSCEF:
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`
`
`
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`08/02/2017
`RECEIVED NYSCEF: 08/02/2017
`
`
`THE UNITED STATES OF AM
`ERICA; and that the defendant(s)
`
`163—165
`
`Bridge Road, LLC and Donna Migliore Brown, may be adjudged to pay
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`any deficiency which may remain after applying all of said monies so
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`applicable thereto;
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`and that plaintiff have such other and further
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`relief as shall be just and equitable.
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`STAGG, TERENZI,
`
`
`CONFUSIONZ & WABNIK, LLP
`
`Attorneys
`
`/;6§ Pla'n:}ff
` Ji
`
`Della Chiesa
`acqueline M.
`ranklin Avenue, Suite 300
`NY 11530
`
`
`
`401
`
`Garden City,
`(516) 812—4500
`
`21 of 63
`21 of 63
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`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
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`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
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`RaCaIVaD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
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`VERIFICATION
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`ss. :
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF MW )
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`g {514 E‘p/‘Meing duly sworn, deposes and says:
`I am a 714437"; [/69 ngdldpflr/f
`of
`New
`York
`
`//
`
`1.
`
`Community Bank,
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`the Plaintiff in this action.
`
`I have read the
`
`foregoing Verified Complaint,
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`know the contents
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`thereof,
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`and
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`state that the same are true to my knowledge, except as to those
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`matters therein stated to be alleged on information and belief,
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`and as to those matters,
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`I believe to be true.
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`2.
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`The ground of my belief as
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`to all matters
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`in said
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`Verified Complaint not stated upon my knowledge are information
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`acquired from the books and records of Plaintiff.
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`\
`
`Sworn to before me this
`0%?” day 0110/7,
`, 2017
`
`r,—
`
`NADINE M. BARHAM
`Notary Subgfihflgfiof New York
`Qualifig'dinNassazaggumy—LK0
`
`Commission Expires May 1, 2
`
`NOTARY PUBLIC
`
`22 of 63
`22 of 63
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`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK COUNTY CLERK 08m2017 09:15 AM
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`NYSCEF DOC. NO.
`1
`0
`NYSCEF DOC. NO. 1
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`INDEX NO. 614639/2017
`INDEX NO~ 614639/2017
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`RaCflIVflD VYSCEF: 08/02/2017
`RECEIVED NYSCEF: 08/02/2017
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`
`
`EXHIBIT 1
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`23 of 63
`23 of 63
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`

`

`FILED: SUFFOLK COUNTY CLERK 08/02/2017 09:15 AM
`FILED: SUFFOLK_COUNTY CLERK 08m2017 09:15 AM
`
`NYSCEF DOC. NO. 1
`N spar poo. NO.
`1
`v.
`-
`:-
`I
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`INDEX NO. 614639/2017
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`INDEX NO. 614639/2017
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`RECEIVED NYSCEF: 08/02/2017
`R«.c «.Ivm \IYSCEF:
`0 8 / 02 /2 0 17]
`I
`
`MORTGAGE NOTE
`
`Mineola, New York
`
`October 9, 2007
`
`$1,450,000.00
`
`FOR VALUE RECEIVED,
`
`163-165 BRIDGE ROAD, LLC
`
`a limited liability company organized and existing under the laws of the State of New York, having
`a mailing address of 386 Oakwood Road, Huntington Station, New York 11746, hereinafter
`Borrower, and
`.
`
`NEW YORK COMMUNITY BANK
`
`a New York banking corporation having an office at One Jericho Plaza, Jericho, New York 11753,
`hereinafter Holder,
`
`The principal sum of ONE MILLION FOUR HUNDRED FIFTY THOUSAND & 00/100
`($1,450,000.00) DOLLARS, lawful money of the United States, with an initial interest rate of
`6.50% per annum from the date hereof. The Maker does hereby covenant and agree to pay to the
`Holder, in installments as follows:
`
`MONTHLY PAYMENT
`
`By the payment of interest only computed from the date hereof to the last day of the
`1.
`current month which shall be due and payable on t