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SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al

Docket 850401/2024, New York State, New York County, Supreme Court (Oct. 18, 2024)
Case TypeReal Property - Mortgage Foreclosure - Commercial
TagsReal Property, Mortgage Foreclosure, Commercial, Civil
Plaintiff SIG CRE 2023 Venture LLC
Defendant 4 St. Lukes Place Inc.
Defendant Felix giles Giovinazzi
...
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AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Reply affirmation of Mr. Jean-Baptiste

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 47 (N.Y. Sup. Ct., New York County Jan. 20, 2025)
4 St. Lukes Place inc.; Felix Giles Giovinazzi; New York City Depanment of Finance, New index No.: 850401/2024 York State Department of Taxation and Finance: and "John Doe" No. "John Doe" No.
AND FELlX GILES GIOVINAZZI'S The names of the "John Doc" Defendants being the Persons MOTIONTODISMISS and Unkmownto Plaintiff, Fictitious Intended Being Those WhoMay Be and Entities of, or May Have Possessory Liens in Possession or Other Herein the Properties Interests in, Described.
Jean-Baptiste, I amover hereby affirms as follows the age of 18 years and reside of perjury: under the penalty in the State of NewYork.
that at in the course of regularly conducted business The RPAPL§ 1303 notices I posted on the outside and exit of each entrance at 4 Saint Lukes Place a/k/a 91 Leroy Street, NewYork, NY10014 are printed 2 (NYSCEF Doc...No,41p.
206 day of January, I affirm this NewYork, which may include this document may be filed 2025, under a fine or imprisonment, the penalties of perjury under the laws of that the foregoing is true, and I understand paper that in an action or proceeding in a court of law Yoler ean-Baptiste
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AFFIDAVIT OR AFFIRMATION IN REPLY Reply Affirmation Of Christopher A. Gorman, Esq. In Further Support Of Defendants Motion To Dismiss ... show more

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 44 (N.Y. Sup. Ct., New York County Jan. 17, 2025)
The names of the “John Doe” Defendants being Fictitious and Unknown to Plaintiff, the Persons and Entities Intended Being Those Who May Be in Possession of, or May Have Possessory Liens or Other Interests in, the Properties Herein Described,
I am a member with the law firm of Rosenberg & Estis, P.C., counsel for defendants, 4 St. Lukes Place Inc. (“Borrower”) and Felix Giles Giovinazzi (“Guarantor” and when referred to with Borrower, together “Defendants”).
The pictures annexed to the Jean-Baptiste Affirmation only serve to confirm, however, that Plaintiff failed to comply with the strict mandates of RPAPL § 1303, thereby warranting dismissal of this action.
This defect is fatal to Plaintiff’s attempts to establish strict compliance with the statute, as is required under a litany of Appellate Division precedent (see Prior Gorman Aff.
As this Court held in U.S. Real Estate Credit Holdings III-B, LP v. BCS 20 West LLC, 2021 WL 5413145, at *2 [Sup Ct, NY County Nov 10, 2021] [Kahn, J.
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MEMORANDUM OF LAW IN OPPOSITION Memorandum of Law in Opposition to Motion to Dismiss

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 40 (N.Y. Sup. Ct., New York County Jan. 14, 2025)
Although Plaintiff’s process server only observed four apartments and potentially one office space at the property located at 4 Saint Lukes Place a/k/a 91 Leroy Street, New York, NY 10014 (the “Property”), in an abundance of caution, the process server also posted a copy of the RPAPL § 1303(5) notice on the outside of each entrance and exit of the Property in strict compliance of RPAPL § 1303(4).
As acknowledged by Defendants, a full recitation of the factual background leading up to the instant Motion and this opposition thereto can be found in Plaintiff’s Summons and Complaint, filed on October 22, 2024 (the “Complaint,” NYSCEF Doc. No. 2).
To prevail under CPLR 3211(a)(1), the defendant has the burden of showing that the relied- upon documentary evidence resolves all factual issues as a matter of law and conclusively disposes of the plaintiff's claim.
7) is not converted to a summary judgment motion, affidavits may be received for a limited purpose only, serving normally to remedy defects in the complaint.
CPLR 6514(a) mandates cancellation of Notice of Pendency only “if service of a summons has not been completed within the time limitations set by section 6512; or if the action has been settled, discontinued, or abated; or if the time to appeal from a final judgment against the plaintiff has expired; or if enforcement of a final judgment against the plaintiff has not been stayed pursuant to section 5519.” Defendants argue that, should the Action be dismissed, the Notice of Pendency should be cancelled pursuant to CPLR 6514(a).
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AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION Affirmation of Process Server

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 41 (N.Y. Sup. Ct., New York County Jan. 14, 2025)
Plaintiff, Lukes Place 4 St. Felix Giles Inc.; Giovinazzi; New York City Department of Index No.: 850401/2024 Finance, New York of State Department Taxation and Finance; and "John Doe" No.
the "John Doe" Defendants The names of the MOTIONTODISMISS and Unknownto Plaintiff, being Fictitious Persons and Entities Intended Being Those WhoMayBe in Possession of, or MayHave Liens or Other the Interests Possessory Properties Herein Described, in, Defendants.
I am a licensed process server employed by C-MEProcess Service, LLC, located Lindenhurst, NewYork 11757.
Attached hereto as Exhibit 1 is a at 646 South 9th Street, true and correct copy of my license.
I posted a legible copy of the RPAPL § 1303 notices on the outside of each entrance and exit of the building at the Property.
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RJI -RE: NOTICE OF MOTION

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 38 (N.Y. Sup. Ct., New York County Dec. 31, 2024)
If none, leave blank.
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35

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 35 (N.Y. Sup. Ct., New York County Dec. 31, 2024)

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36

Document SIG CRE 2023 Venture LLC v. 4 St. Lukes Place Inc. et al, 850401/2024, 36 (N.Y. Sup. Ct., New York County Dec. 31, 2024)

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