Preview
FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE Index No.:
OF STEPHEN G. ROBERTS
SUMMONS
Plaintiffs,
Date Index No.
-against- Purchased:
FEDERAL NATIONAL MORTGAGE ASSOCIATION The basis of venue: The
and BOERUM COURT OWNERS INC. Subject Property is located
in Kings County
Defendants
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To the above-named Defendant:
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 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); 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: May 8, 2024
Brooklyn, New York LAW OFFICES OF JAIME LATHROP, P.C.
Attorneys for Plaintiffs
By: ______/S/Jaime Lathrop ______
Jaime Lathrop, Esq.
182A 26th Street, Suite 2R
Brooklyn, New York 11232
(718) 857-3663
TO:
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE Index No.:
OF STEPHEN G. ROBERTS
COMPLAINT
Plaintiffs,
-against-
FEDERAL NATIONAL MORTGAGE ASSOCIATION
and BOERUM COURT OWNERS INC.
Defendants.
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Plaintiffs, by their attorneys, The Law Offices of Jaime Lathrop, P.C., as and for its
complaint alleges:
PRELIMINARY STATEMENT
1. This action is brought for declaratory judgment as to a certain alleged debt and
security interests related to the shares representing the ownership of the cooperative apartment
known as and located at 96 Schermerhorn Street Apt 11F Brooklyn NY 11201 (“the subject
premises”).
PARTIES
2. Plaintiffs VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE OF STEPHEN
G. ROBERTS is a natural person and represents an Estate which owns an interest in the shares
representing the ownership of the cooperative apartment known as and located at 96
Schermerhorn Street Apt 11F Brooklyn NY 11201 (“the subject premises”).
3. Upon information and belief, Defendant FEDERAL NATIONAL MORTGAGE
ASSOCIATION, is a foreign corporation authorized to do business under the laws of the State of
New York and is joined herein due to a claimed security interest it alleges to have in and to the
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Subject Premises.
4. Defendant BOERUM COURT OWNERS INC is a domestic Co-Op Corporation
authorized to do business under the laws of the State of New York and is joined herein due to
any claimed lien it may have in and to the Subject Premises.
VENUE
5. Venue is proper in Kings County because the basis of the venue is that the subject
property is located, and the actions alleged in the complaint occurred in Kings County.
STATEMENT OF FACTS
6. The subject premises is a single Apartment unit in a cooperative residence.
7. Upon information and belief, On or about June 15, 2005, Defendant FEDERAL
NATIONAL MORTGAGE ASSOCIATION or through a purported predecessor-in-interest,
alleges they acted as the lender to the STEPHEN G. ROBERTS, decedent to the Plaintiff Estate
in this action, secured by the shares of Capital Stock to the Appurtenant Proprietary Lease
allocated to Unit 11F in the building known as and located at 96 Schermerhorn Street Brooklyn
NY 11201 (“the subject premises”).
8. Upon information and belief, the alleged loans are purportedly secured by a
security agreement pledging the subject stock certificate and appurtenant proprietary lease as
collateral.
9. Upon information and belief, On or about April 22, 2024, Defendant FEDERAL
NATIONAL MORTGAGE ASSOCIATION, claimed Plaintiff was $410,107.26 in arrears.
10. Plaintiffs dispute the arrears alleged by Defendant FEDERAL NATIONAL
MORTGAGE ASSOCIATION.
11. Upon information and belief, the calculations by the Defendant FEDERAL
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NATIONAL MORTGAGE ASSOCIATION are incorrect due to a mistake by the Defendant
FEDERAL NATIONAL MORTGAGE ASSOCIATION.
12. Plaintiff has made numerous requests for a proper accounting of all amounts
borrowed and claimed to be oweing and due, but Defendant FEDERAL NATIONAL
MORTGAGE ASSOCIATION has failed to provide documentation of the initial loan amounts,
loan documents, and payment history.
13. As such, upon information and belief, the amounts alleged to be due by Defendant
FEDERAL NATIONAL MORTGAGE ASSOCIATION are the product of a mistake in
calculation and or willful misrepresentation of the proper amounts owing and due on the alleged
loan.
AS AND FOR A FIRST CAUSE OF ACTION
DECLARATORY ACTION
14. Plaintiffs repeat and reallege paragraphs 1 through 13 as if fully set forth herein
and further allege:
15. Plaintiffs seek a declaratory order, establishing that Defendant FEDERAL
NATIONAL MORTGAGE ASSOCIATION has not properly accounted for the value of its
alleged security interest in the subject premises.
16. Despite numerous requests Defendant FEDERAL NATIONAL MORTGAGE
ASSOCIATION has failed to provide any documentation showing the correctness and
legitimacy of its alleged claims against the subject property.
17. Plaintiff has no adequate remedy of law.
18. By reason of the foregoing, Plaintiff seeks a declaratory order to establish the
exact amount and value of Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION’s
alleged security interest in the subject premises.
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AS AND FOR A SECOND CAUSE OF ACTION
19. Plaintiffs repeat and reallege paragraphs 1 through 18 as if fully set forth herein
and further alleged.
20. Plaintiff prays for relief under Section 210-A of the Uniform Commercial Code of
the State of New York disputing the amount claimed to be in default under the purported security
agreement, if any, between the respective parties.
WHEREFORE, Plaintiffs respectfully request that this Court:
(a) Judgment against Defendants, FEDERAL NATIONAL MORTGAGE
ASSOCIATION was mistaken in the amounts it claims is owning and due on the
subject loan secured by the subject premises and direct an accounting of the proper
amounts owing and due;
(b) Such other and further relief as this Court deems just and proper.
Dated: May 8, 2024
Brooklyn, New York LAW OFFICES OF JAIME LATHROP, P.C.
Attorneys for Plaintiff
By: _____/S/Jaime Lathrop________
Jaime Lathrop, Esq.
182A 26th Street, Suite 2R
Brooklyn, New York 11232
(718) 857-3663
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Preview
FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE Index No.: OF STEPHEN G. ROBERTS SUMMONS Plaintiffs, Date Index No. -against- Purchased: FEDERAL NATIONAL MORTGAGE ASSOCIATION The basis of venue: The and BOERUM COURT OWNERS INC. Subject Property is located in Kings County Defendants -------------------------------------------------------------------------X To the above-named Defendant: 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 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); 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: May 8, 2024 Brooklyn, New York LAW OFFICES OF JAIME LATHROP, P.C. Attorneys for Plaintiffs By: ______/S/Jaime Lathrop ______ Jaime Lathrop, Esq. 182A 26th Street, Suite 2R Brooklyn, New York 11232 (718) 857-3663 TO: 1 of 5 FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE Index No.: OF STEPHEN G. ROBERTS COMPLAINT Plaintiffs, -against- FEDERAL NATIONAL MORTGAGE ASSOCIATION and BOERUM COURT OWNERS INC. Defendants. -------------------------------------------------------------------------X Plaintiffs, by their attorneys, The Law Offices of Jaime Lathrop, P.C., as and for its complaint alleges: PRELIMINARY STATEMENT 1. This action is brought for declaratory judgment as to a certain alleged debt and security interests related to the shares representing the ownership of the cooperative apartment known as and located at 96 Schermerhorn Street Apt 11F Brooklyn NY 11201 (“the subject premises”). PARTIES 2. Plaintiffs VICKI ZUBOVIC, AS EXECUTOR OF THE ESTATE OF STEPHEN G. ROBERTS is a natural person and represents an Estate which owns an interest in the shares representing the ownership of the cooperative apartment known as and located at 96 Schermerhorn Street Apt 11F Brooklyn NY 11201 (“the subject premises”). 3. Upon information and belief, Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a foreign corporation authorized to do business under the laws of the State of New York and is joined herein due to a claimed security interest it alleges to have in and to the 2 of 5 FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 Subject Premises. 4. Defendant BOERUM COURT OWNERS INC is a domestic Co-Op Corporation authorized to do business under the laws of the State of New York and is joined herein due to any claimed lien it may have in and to the Subject Premises. VENUE 5. Venue is proper in Kings County because the basis of the venue is that the subject property is located, and the actions alleged in the complaint occurred in Kings County. STATEMENT OF FACTS 6. The subject premises is a single Apartment unit in a cooperative residence. 7. Upon information and belief, On or about June 15, 2005, Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION or through a purported predecessor-in-interest, alleges they acted as the lender to the STEPHEN G. ROBERTS, decedent to the Plaintiff Estate in this action, secured by the shares of Capital Stock to the Appurtenant Proprietary Lease allocated to Unit 11F in the building known as and located at 96 Schermerhorn Street Brooklyn NY 11201 (“the subject premises”). 8. Upon information and belief, the alleged loans are purportedly secured by a security agreement pledging the subject stock certificate and appurtenant proprietary lease as collateral. 9. Upon information and belief, On or about April 22, 2024, Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION, claimed Plaintiff was $410,107.26 in arrears. 10. Plaintiffs dispute the arrears alleged by Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION. 11. Upon information and belief, the calculations by the Defendant FEDERAL 3 of 5 FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 NATIONAL MORTGAGE ASSOCIATION are incorrect due to a mistake by the Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION. 12. Plaintiff has made numerous requests for a proper accounting of all amounts borrowed and claimed to be oweing and due, but Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION has failed to provide documentation of the initial loan amounts, loan documents, and payment history. 13. As such, upon information and belief, the amounts alleged to be due by Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION are the product of a mistake in calculation and or willful misrepresentation of the proper amounts owing and due on the alleged loan. AS AND FOR A FIRST CAUSE OF ACTION DECLARATORY ACTION 14. Plaintiffs repeat and reallege paragraphs 1 through 13 as if fully set forth herein and further allege: 15. Plaintiffs seek a declaratory order, establishing that Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION has not properly accounted for the value of its alleged security interest in the subject premises. 16. Despite numerous requests Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION has failed to provide any documentation showing the correctness and legitimacy of its alleged claims against the subject property. 17. Plaintiff has no adequate remedy of law. 18. By reason of the foregoing, Plaintiff seeks a declaratory order to establish the exact amount and value of Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION’s alleged security interest in the subject premises. 4 of 5 FILED: KINGS COUNTY CLERK 05/08/2024 02:26 PM INDEX NO. 512960/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/08/2024 AS AND FOR A SECOND CAUSE OF ACTION 19. Plaintiffs repeat and reallege paragraphs 1 through 18 as if fully set forth herein and further alleged. 20. Plaintiff prays for relief under Section 210-A of the Uniform Commercial Code of the State of New York disputing the amount claimed to be in default under the purported security agreement, if any, between the respective parties. WHEREFORE, Plaintiffs respectfully request that this Court: (a) Judgment against Defendants, FEDERAL NATIONAL MORTGAGE ASSOCIATION was mistaken in the amounts it claims is owning and due on the subject loan secured by the subject premises and direct an accounting of the proper amounts owing and due; (b) Such other and further relief as this Court deems just and proper. Dated: May 8, 2024 Brooklyn, New York LAW OFFICES OF JAIME LATHROP, P.C. Attorneys for Plaintiff By: _____/S/Jaime Lathrop________ Jaime Lathrop, Esq. 182A 26th Street, Suite 2R Brooklyn, New York 11232 (718) 857-3663 5 of 5