NOTICE OFPE1TJ10N Non -Payme nt Business

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CIVIL COURT OF TIm CITY OF NEW YORK COUNTY OF NEW YORK: NON HOUSING PART 52

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R08EH1LLPROPERTY ASSOC. INC.] . ". L&TIndexNo.:_ OtJ;,L£ '/1 /10

Peti tioner-La nd 101'<1,

·NEWYORIf·STATE DEMOCRA. TIC COMMlTTEE 46] PHl'k A venue South

The Entire] J}th Floor

New York, New Y ork 100161

Petitioner's Business Address: . c/o Rosenberg &.&tis, P.C. 733 Third Avenue+-Islth Floor Ne\'1 York, New York 10017

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Respondent- Tenant,

PATERSON FOR GOVERNOR,lNC. and

nxyz Corp,", ..

Respondent-Underteneiita, :

The name of Undertenant is fiotiti DUS and unknown to petitioner, The person intended is whomsoever is in possession of the premises described herein

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To the respondentjs] above named and described, in possession of the Premises

hereinafter described or-claiming possession thereof;

" PLEASE. TAKE NOTICE, that the annexed Petition requests fI final judgment of

eviction] awarding 10 the Petitioner possession of premises described as follows: all rooms, the

entire l Oth floor, in tb.e building known as.and located at 4.61 Park Avenue South) County o~

New York) in the Cliy of New York.

. PLEASE TAKE FURTHER NOTJeR] that demand is made in the Petition for

judgment against you [01' rent arrears in tbe sum of $28,84&.00 with, interest from October 1,

2..Q1 0, together witb a judgment for attorneys' fees, costs and disbursements:

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PLEASE TAKE FURTHER NOn CE, that WITHlN FIVE DAYS after service of

this Notice of Petition upon you, you must answer> either orally before the Clerk of this Court at

111 Centre Street, City of New York, County of New York, or in writing by sewing a copy

thereof upon the attorney for the Petitioner, and by filing the original answer, with -proof of

service thereof, it) the Office of the Clerk, Your answer may set forth any defense or

counterclaim 'YOll may have against the Petitioner unless such defense Of counterclaim js

. precluded by law or prior agreement of the parties, On r-eceipt of your .an~wel', the Clerk will fix and give notice of the date for trial which will 00 held not less than throe (3)"nD1' more than eight

(8) days thereafter, at which you must appear _ 1f, after the trial, Judgment is rendered against

you, the issuance of a warrant dispossessing you may, in the discretion of the Court, be stayed

for FIVE (5) days from the date of such judgment,

TAKE NOTICE, that under Section 745 of the Real Property Actions arid

Proceedings La'N, you may be required hy the GOUlt to make a ,rent deposit_. or a rent payment to the Petitioner, upon your second request for an adjournment or if the proceeding is not settled or

a final determination has Hot been made by the Court within 30 days' of. the first 'court

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appearance. Failure to comply with an initial rent deposit 01' payment order may result in the

entry- of ·a. final judgment against you without a trial, Failure to make subsequent required deposits Of payments may result in an immediate trial on 'Ule issues raised in your answer,

PLEASE TAKE FURTHER NOTICE, that if YDU fail to interpose and establish

any defense that you may bave OCt 'the Petition, you maybe precluded from asserting such defense

or the claim on whieh it is based in .any other proceeding 01' action.

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Jason 'R, D ldson, Esq. 733 Third A venue

New York, New York 10017 (212} S67-60J}[)

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ACl1NO CHIBF-CLB~

. DEC 1 ~ ,RID . .

NEW VeRt< CdUNTY C,VII ... CO\.lRT

- IF YOU ARE'DEPENDENT-UPON A PERSON IN THE'MILITARY SERVICE OF TIlE UNITED STATES OR THE STATE OF NEW YORK,. ADVISE THE CLERK IMMEDIATELY, IN ORDER TO PROruCfYOUR RIGHTS.

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In the event you fail to answer and appear) final judgment by default will be

enteied against you but a warrant will not be issued until the tenth day following' the date of the

serviceof this Notice of Petition upon ),,011,

Dated: New York, New York December.j, 2{}lO

Jack Baer, Clerk of the Civil Court of the City of New York

ROSENBERG & ESTIS, P.C. Ateorneys for he: Petitioner

IMPORTANT ·TOTENANT

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·duly entered j rr ·th~:()ffic:e of the- clerk of t~'e wlthi n named court

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o NOTltE. OF SEHU:i\m·n

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will be presented for .settkment to the HONwithin named COl!rt, a.t

of Wllkh the wfthin is. a true copy oneof the judges {;f ~he

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D.ated,

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ROS~NBERO: &; ESTIS, P.c.

CIVIL COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK: NON-HOUSING PART 52

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. Petitioner-Landlord,

-against-

NON~PAYMENT BUSINESS PETITION

NEW YORK STATE DEMOCRATIC COMMITIEE 461 Park Avenue South

TIle Entire 10th FlooL'

New YorK> New York 100J6,

PATERSON FOR GOVERNOR, INC, and «XYZ Corp, 1,,"4<

Respondent-Undertenants, :

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The Petition of Rose Hilt Property Assoc. hie. tPetitirmer" OJ:"~<Lf!ndloT{r') shows

that:

1. Petitioner is the owner and landlord of the premises described below (the

"Premises' '). Petitioner is. a New York Corporation.

2, Respondent-tenant New YOlk State Democratic Cotnmitee (the "Tenant")

IS the tenant of the Premises pursuant to a rental agreement made March _, 2007, between

Landlord) as landlord, and Tenant, M tenant. wherein Tenant promised to pay tc Landlord rent

and additional rent each month in advance on the flrst day of each month,

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J. Respondents-undertenants Paterson For GOYema1') Inc, and «XYZ COl'P,"

are the undertenauts of'the Tenant

I< The name of Undertenant is fictitious and unknown-to Petitioner. The person lntended is whomsoever is in possession of'the pmnises described herein,

4; TIle Tenant and Respondents-uudertenants are now in possession 'of the

Premises.

5. The Premises from which removal it sought are described.as follows:

AU rooms, the entire lCrth :floorJ

in the building known as and located at 4ql Park Avenue South, New York, New York

situated wlrhin the territorial jurisdiction of the Civil Court of the City of New York, County of

New York.

6. Pursuant to the rectal agreement, there 'Am due to Landlord from Tenant

rent as follows:

DATEJl\10NTH DUE ' DESCRIPTION AMOUNT
J2.~o ber 1] 21) 1 a Rent $14;424.0D
November II 2010 Rent $14,424'.0(1
TOTAL DUE AND OWING $28,848.00 Tenant hes defaulted in the payments thereof and the total rent in arrears is .$28,848.00.

7. Rent has h:cn demanded by a written ten (10) day demand {a (;OpY of' ,

which is annexed 'hereto with proof of service) frD~ Tenant since the same became due.

8, Respondents hold over and continue in possesslon of Premises without

Landlord's permission after said default.

9, Petitioner lacks written information or notice of any address where the

Tenant resides, is 'employed, has a place of business w ill New York State, other than the Premises

and New York State Democratic Committee, 461 Park Avenue South. the Entire 9th Floor, New

York, New York 10016,

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1 fl. The Premises fire not subject to the el1y Rent and Rehabilitation Law {rent

contra 1) and the Rent StabiUzation Law of 1969 1x:C?lU5e they are rented and used exclusively for business purposes,

11. The Premises are not a multiple dwelling.

J 2. Under the terms of the rental agreement, Petitioner is entitled 10 recover

from Tenant the costs and attorneys' fees Incuned by the Peti tloner. Peti tioner has and will incur such costs and fees. The total amount of such costs and fees win be determined by the Court.

WHEREFORE, Petitioner requests a final judgment awarding Petitioner

(a) possession of'the Premise.'! with issuance of a warrant to remove respondents from possession

of the Premises and (b) a money judgment against Tenant for rent in arrears for $28>848,00 with

. interest from October C 20H}~ attorneys' fees and expenses hum amount to 00 determined by the

Court but believed to be no less than $.3,000,00, and the costs and disbursements of this

pro ceedlng ,

Dated: New Y OT~ New York Decemb~t''f)1 2010

ROSE FfJLL PROPERTY ASSOC. INC, Petitioner

ROSENBERG &.BSTIS. P.C, Attorneys for etitioner

Jason R, idson, Esq.

733 Third Avenu

New York.New rk lQO]7

(212) 867·6{}DD

CORPOn.ATE VERIFICATION

STA-rnOFNEWYORK )

) .'IS.:

COUNTY OF NEW YOR"K )

CATHERlNEBROVlN, being duly sworn, deposes and says:

1. I am the President of Pefltlcner, a. New York corporation

2. J have read the Petition and know the content thereof; and the same is true

to my own knowledge, except as (0 the matters therein stated to be alleged upon jnformation and

belief, and as to those matters, I believe them to be true, The source of my information and

belief IS the books and records of Petitioner.

3. . This Verification is made by deponent because Petitioner is a corporation

and I am an: officer thereof.

Sworn to before me this ~ day of'Decemb ,2010

TEN DAY (10) DAY NOTICE TO TENANT

TO:

NEW YORK STATE DEMOCRATIC COMrvlITTEE 461 Park Avenue South

The Entire 10th Floor . New York, New York 10016

TENANT~ .

RE: PREMISP.3; All moms, the entire 10th floor in the building known as and located at 461 Park Avenue South, New York; New Yolk 10016,

PLEASE TAKE NOTICE, that you are in possession of the above referenced

Premises pursuant to a written lease agreement made' March _) 2007> between Rose Hill

Property Assoc. Inc. tLRll£UOrd~)$ as Jandlord, and New York Staf.e Democratic Committee

("--Tenane), as tenant (the "Lease").

:PLEASE TARE. FURTHER NOnCE, that. Tenant [~ justly indebted to

Landlord of the Premises for the period from October 1.2010 through and rnclndlng November

17.2010 in the amount of $28;848.00 as set forth with more particularity below;

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DATEIMONTH DUE DESCRIPTION AMOUl\T
October 1 j 2010 Rent $14,424,()O
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November I} 2010 Rent $-14,414.00
TOTAL DUE AND OWING $28,848.00 -PLEASE TAKE FURTHER NOTICE, that on or before December ~ 2010,

that being at least ten (l0) days from the day of service of this notice, Tenant must either {a) pay

the total amount due and owing Of (b) surrender PO&le8s10U of the Premises to the landlord. in

default of which, the Landlord will commence summary proceedings under the Statute to recover

possession of the P remi ses and to obtain su ch other relief 8S is penni tted by 1aw.

PLEASE TAKE FliRTImR NOTICE, that any response to 1hls Notice should

be directed 10 the below-named attorneys for Landlord, .

Dated: New York, New York Nov-emberl12010

Rose Hill Property Assoc. Inc. Landlord and OWner

ROSENBERG & EBTISj P.C. Attorney« for Landlord

733. Third Avenue, 14fuFloor New York, New York 10017 (212) 867-6000

Attn; Jason R. Davidson

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All'FIDA VIT OF SERYlCE

STATE OF NEW YORK

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) .!IS,:

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COUNTY OF NEW YORK

Toe undersigned] 'being duly sworn, hereby deposes and says:

1. That deponent is OVer 18 years of age. and is cmJp!oyed at 733 Third Avenue, New York,

New York 10017,

2. On November 19, 201Q, -Ilt 1rot p,m. deponent was unable to serve the Ten (10) D~r

Notice To Ten aut , on New YOrli Sittle Denlocl'atic Comm.ittee, tellant(s)bercinl by personal delivery,

3. The property sought to be recovered is 461 "Park Avenue SGuth, The J'...ntll'e 10th FJool',

NelY York, New York 1()(}16 ("Premises").

4. On Novembe~'19, :uno, at 1;01 p.:m. deponent served a true copy of the aforementioned

documentts), by gaining admirtanoe W the Premises and: delivering to and leaving a copy thereof personally with Marie. Parl<CI' 1 a person of suitable age and diecretion, who identlfled herself as the Office M811ager> who was willing to receive same on the behalf of the above-named t~l11Ult(-S-), and who was employed at the Premises,

5,· Deponent describes the said individual in paragraph 'w' as:

Sex: FemElle Skin Color: Black
Height: 5' 5'> A pp rox , Age; 3.J~38
Weight: 15U-155 . Miso.:
Hair Color: Black 6, Wlthtn one day after ttt~ ser .... ice recited in paragraph. "4"J on No~relllber 19. 201Q,

deponent mailed true. coples of !he aforemcntioaed documentts) to tellant{sj New Yurk State pemocratie Committee. individually in post-paid, properly addressed wrappers, addressed to New YQi'k §W.te Democratic Committoo at the Premises, by Re8u1at', First Class ~iIJ by Certlfled Mail and by Certified Mall, Return Recejpt Requested} by de1ivering same to a Post Office and leaving .same ytithin the excfusive care and custody of the United States Postal Service.

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