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38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al

Docket EF010363-2024, New York State, Orange County, Supreme Court (Dec. 5, 2024)
Case TypeReal Property - Mortgage Foreclosure - Commercial
TagsReal Property, Mortgage Foreclosure, Commercial, Civil
Plaintiff 38 COMMERCE FUNDING L.P.
Defendant 38 COMMERCE LLC
Defendant MORRIS JACOBS
...
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ANSWER Defendants 38 Commerce LLC and Morris Jacobs' Verified Answer

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 37 (N.Y. Sup. Ct., Orange County Jan. 22, 2025)
Plaintiff’s claims are barred by the doctrine of force majeure, as the commencement of eminent domain proceedings by the Village of Monroe has made it impossible or impractical for the Answering Defendants to perform under the terms of the loan documents.
The commencement of eminent domain proceedings has created a blight on title, impairing the marketability and value of the property and depriving the Answering Defendants of the ability to refinance, sell, or otherwise mitigate their damages, which should preclude foreclosure.
Plaintiff’s claims are barred by the doctrine of equitable estoppel, as Plaintiff was or should have been aware of the impact of the eminent domain proceedings on the property and failed to act in good faith to mitigate the resulting harm to the Answering Defendants.
Plaintiff’s claims are barred, in whole or in part, by the doctrine of unclean hands, as it has acted in bad faith by attempting to enforce the loan terms despite the significant changes in circumstances caused by the eminent domain proceedings.
The filing of this foreclosure action without accounting for the impact of the eminent domain proceedings violates public policy, as it seeks to unjustly benefit from the diminished value of the property while punishing the Answering Defendants for circumstances beyond their control.
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SUMMONS + COMPLAINT Summons & Complaint

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 1 (N.Y. Sup. Ct., Orange County Dec. 5, 2024)
to New York Real Property brought pursuant Actions and to foreclose four (4) defaulted commercial mortgage in Orange County, commonly known as 38 Commerce 108, Block: 1, Lot:
The Suretyship Guaranty provides on Section 3 as follows: the Loan Documents occurs under any of If an Event of Default and continues beyond applicable notice and grace periods set forth Guarantor and immediately comply shall pay, therein, with, perform such of the Guaranteed Obligations as Lender shall of whether the Guaranteed Obligations irrespective direct, by Lender to be paid, complied with and performed by directed Guarantor are those which give rise to the Event of Default.
Plaintiff believes that during the pendency of this action, in order to protect the security of the within Land Loan Mortgage, it may be compelled to make advances to prior mortgagees, for installments of principal and interest if any, taxes, assessments, water rates, and/or insurance premiums that are or may become due or to the receiver of taxes, or to the insurance company, which advances are to be included in the balance due to Plaintiff, plus interest, as provided for in the within Land Loan Mortgage foreclosed and deemed further secured thereby.
to the Lender, now existing and or hereafter incurred, matured or unmatured, including, but not limited to, all principal, interest, fees, costs and expenses and/or charges completion of the Project.
allocating its and Enancial) personnel the ongoing to review, monitoring, and collection of Loan, and (b) administration the Building compensation the Lender to for losses that are difficult to ascertain.
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AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Due Diligence on John Doe #1 - John Doe #12

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 38 (N.Y. Sup. Ct., Orange County Feb. 4, 2025)
The undersigned being duly sworn deposes and says: is over 18 years of age and resides is not a party that deponent to this action,
That on the following date: 01/10/2025 time: the following , at at 38 COMMERCEDRIVESOUTH,HARRIMAN,NY10926 , deponent attempted to serve the within
upon JOHNDOE#1 THROUC-$JOHNDOE#12 / respondent the defendant therein named, and that after due search, inquiry and diligent careful
deponent was unable to effect process upon the person being served because of the following reason(s):
Time Date Place Sworn to before meon 02/03/2025
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NOTICE OF APPEARANCE (PRE RJI)

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 36 (N.Y. Sup. Ct., Orange County Jan. 22, 2025)
FINANCE and “JOHN DOE #1 through JOHN DOE #12”, the last twelve 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, Defendants.
PLEASE TAKE NOTICE that Michael V. Caruso, Esq., of Cuddy & Feder, LLP, hereby appears as attorney for Defendants 38 COMMERCE LLC and MORRIS JACOBS in the above- captioned action, and requests that all papers and communications in this action be served upon the undersigned at the office address stated below.
Dated: White Plains, New York January 22, 2025
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AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service - New York State Department of Taxation and Finance

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 35 (N.Y. Sup. Ct., Orange County Dec. 19, 2024)
HARRIMANCAMPUS,ALBANY, NEWYORK12227, deponent served a SUMMONS
to and leaving with COURTNEYSCHAAPat the above address and that deponent knew the person so served to be the agent By delivering the NEWYORKSTATEDEPARTMENTOFTAXATIONANDFINANCE.
to accept service of process on behalf duly authorized of
height 5'O6" Perceived Gender F Approximate age 34 Approxirnate Color of hair BLONDE/BROWNOther THELOBBY Approximate weight 150 Perceived Race WHITE
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AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service - 38 Commerce LLC

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 34 (N.Y. Sup. Ct., Orange County Dec. 19, 2024)
FILING OF12/5/2024 upon 38 COMMERCELLC, a defendant in the above captioned matter.
by the NEWYORKSecretary of State to accept service of process, with 2 copies of Deponent served SUEZOUKY, a person authorized the NYLIMITED LIABILITY COMPANYLAW.
above described papers and the statutory fee of $40,00 pursuant to section 303 of the
Approximate height 5'02" Perceived Gender F age 56 Approxirnate Color of hair BROWN Approximate weight 140 Perceived RaceWHITE .
Sworn to before meon 12/16/2024
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27

Document 38 COMMERCE FUNDING L.P. v. 38 COMMERCE LLC et al, EF010363-2024, 27 (N.Y. Sup. Ct., Orange County Dec. 5, 2024)

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