Co-Respondent annexes to his affidavit an email dated October 10, 2020, which attaches the underlying Supreme Court complaint and is addressed to Hankin & Mazel PLLC, the law firm representing Petitioner in this proceeding. 717395/2020-QU against Respondent for fraud, breach of contract, and others claims relating to Respondent's ownership of shares in the subject premises. He further avers that Petitioner knew of his identity since at least 2020, when Co-Respondent's counsel emailed Petitioner's counsel a copy of a complaint filed by Co-Respondent under Supreme Court Index No. In support of his motion, Co-Respondent offers an affidavit, in which he states that he has resided in the subject premises since 2013.
#CLEARVIEW GARDENS CO OP PRO#
Petitioner opposes the motion and cross-moves to join Co-Respondent and to amend the caption nunc pro tunc, in effect asking the court to substitute Co-Respondent's legal name, Jorge Ceballos, in lieu of John Doe. Co-Respondent now moves to dismiss this proceeding pursuant to CPLR(a)(7) and (a)(10) based on improper use of a fictitious named under CPLR 1024, arguing that Petitioner knew his identity before commencing this proceeding. Both Respondent and Co-Respondent have appeared by counsel. Petitioner named John Doe ("Co-Respondent") as an undertenant. Petitioner Clearview Gardens Fourth Corporation ("Petitioner"), a cooperative corporation, commenced the instant nonpayment against Respondent Salvatore Mula ("Respondent") in July 2022 for failure to pay monthly maintenance charges accrued pursuant to a proprietary lease.
Upon the foregoing cited papers, the court's decision and order is as follows: Notice of Cross-Motion & Supporting Affirmation 13-14 Notice of Motion & Affirmation/Affidavits/Exhibits Annexed 8-11 Recitation, as required by CPLR § 2219(a), of the papers considered in the review of Respondent-Undertenant's motion to dismiss, and Petitioner's cross-motion to amend the caption: JOHN DOE AND JANE DOE, Respondents-Undertenants This opinion is uncorrected and will not be published in the printed Official Reports.Ĭivil Court of the City of New York, Queens CountyĬlearview Gardens Fourth Corporation, Petitioner-Landlord, Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. We've already all been through a nightmare the likes of which is incomprehensible, regarding my mother's injury and what she has endured and continues to endure.Civil Court Of The City Of New York, Queens County With this heart wrenching sadness in our lives, the last thing we want to have to contend with is a problem or lack of knowledge in being able to sell my mother's coop, as she wishes, and divide the proceeds between both of us / 2 daughters. My mother suffered a horrific injury 5 months ago and is becoming quite more ill by the day. I would greatly appreciate your swift response. We both agree on what is in my mother's will, neither are fighting the other on it, so is a probate necessary? If so, why and how - what do we do? We know nothing about probating, nor do we want to.
#CLEARVIEW GARDENS CO OP HOW TO#
However, my question is, with regard to the proceeds being divided between my sister and I - what, if any, legal documents and/or recordings need to take place in order to ensue this is legal and - who will be responsible for the gains tax, my mother or my sister and I - and if split between the 2 of us, does that mean that we both have to pay capital gains tax? If so, how do, and to whom, do we record our gift / inheritance monies to?Īdditionally, if my mother passes before we find a seller, and I am the executor of her will, and the will clearly states that the COOP is to be left to both of her children, though neither want to live there, but to sell it immediately, what steps (step 1 through _) do we need to take? And again, if the COOP is in my mother's name, but she has already passed, how do we sell it in her name, merely by her Will that states that she is leaving it to us? And again, how to we handle any capital gains tax, if any, when splitting the proceeds. I am currently her POA so I can execute the selling documents for her.
My mother is very ill and will not be returning to her Coop and has asked us to sell it - the proceeds of the sale to be divided between my sister and I. The mortgage has been paid off for years and the maintenance is current and continues to be.
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