SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES.SERIES 2006F. NOTICE OF
Plaintiff, CROSS-MOTION TO
DISMISS AND FOR
-against- SANCTIONS
Justice
MICHAEL KRICHEVSKY,et al. Oral argument is not
Defendants. requested

COUNSELORS:

PLEASE TAKE NOTICE,that upon the annexed affidavit of Michael Krichevsky, sui

juris, sworn to the 27th day of November. 2017 and upon all the pleadings and proceedings

heretofore had herein without presence of Falsely Accused, he will cross-move. Under Duress,

before this Court at an IAS Part I. room 756. at the Courthouse located at 360 Adams Street,

Brooklyn,New York on the 8th day of November,2017 at 9:30 a.m. in the forenoon ofthat day or

as soon thereafter as counsel can be heard for judgment dismissing the action with prejudice and

granting the relief requested in this Omnibus Cross-Motion as follows:

1. Take judicial notice of Defendant"s status as alive man, not juristic entity or legal fiction

such as corporation, trust or estate spelled NAME in all capital letters on caption and in exhibits of

this action.

2. As a first step, set in-court identification testimony of Plaintiffand order alleged plaintiffs

attorney, WOODS OVIATT OILMAN, LLP. to show authority per New York State Agency laws

to represent alleged Plaintiff by disclosing identity of the parties to retainer per CPLR 3013 and

3015(b), and order continuance to conduct disclosure.

3. Dismiss the action with prejudice per CPLR 3211 (a)(5)-as 6 years Statute of Limitation
run.

4. Set up Traverse Hearing.

5. Order WOODS OVIATT OILMAN. LLP. to rebut my supporting affidavit point for point

with paper evidence in their possession per CPLR 2214(c)as I expect that they would not do it

intentionally.

6. Thereafter, per CPLR 2214(c) papers to be produced on notice and per CPLR 2218 trial of

issue raised on motion compel WOODS OVIATT OILMAN. LLP. to produce the jury proof of

Plaintiffs standing and identity; direct attorney allegedly representing corporation or trust in court

to appear with corporate charter and/or other forming documents to rule out champerty, verify

Plaintiffs status, name, address and requirement to post a non-resident bond.

7. Thereafter or alternatively, per CPLR 3024(b)strike affidavits, affirmations and

assignments as bazaar, fabrications, sham, false, prejudicial and misleading; alternatively, set up

Evidentiary Hearing.

8. Dismiss the action with prejudice per CPLR 3211 (a)(1),(2),(3),(5),(7),(8),(10); 5015

upon the grounds offraud, misrepresentation; misconduct,.ludiciary 478, evidence tampering and

per unclean hands doctrine.

9. Additionally and alternatively, dismiss with prejudice NUNC PRO TUNG the action per

CPLR 3216 for failure to prosecute 2009 action, doctrines of equitable estoppels and laches.

10. In the event this motion is not persuasive, compel Plaintiff to accept filed answer with

counterclaim per CPLR 3012(d).

11. In addition, for such other and further relief as to this Court may seem Just and Equitable,

including the costs ofthe cross-motion.

12. Dismiss the action per CPLR 3211 (a)(1),(2),(3).(5),(7),(8)and dismiss the action
upon the grounds offraud, misrepresentation and misconduct.

13. Alternatively, dismiss NUNC PRO TUNC the action per CPLR 3216 for failure to

prosecute and doctrine of laches.

14. Alternatively, dismiss the action under doctrine of unclean hands.

15. Sanction attorneys for alleged Plaintiff for frivolously starting this action.

16. Issue entry of defaultjudgment on counter-claim.

17. In the event this motion is lost, compel plaintiff accept my Answer and counter-claim.

18. In addition, for such other and further relief as to this Court may seem Just and Equitable,

including the costs of the cross-motion.

This action is not on the trial calendar.

Dated: Brooklyn, New York
September 27,2017

Michael Krichevsky, Sui Juris

4221 Atlantic Ave
Brooklyn, New York 11224
(718)687-2300

WOODS OVIATT OILMAN,LLP.

700 Crossroads Building
2 State Street
Rochester, NY 14614
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

~~ INDEX NO.506127/2016
U.S. BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR
BANC OF AMERICA FUNDING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES 2006F,
Unidentified Plaintiff.

-against-

MICHAEL KRICHEVSKY,et al.

Falsely Accused.

AFFIDAVIT IN OPPOSITION TO ALLEGED PLAINTIFF'S MOTION FOR AN ORDER

OF REFERENCE AND IN SUPPORT OF CROSS-MOTION TO DISMISS AND FOR
SANCTIONS

STATE OF NEW YORK ss.:

COUNTY OF KINGS

Michael Krichevsky, Sui Juris duly sworn to God,deposes and says:

1. 1 am alive man,the Falsely Accused in the within fraudulent and by nature felonious action

by attorneys from WOODS OVIATT OILMAN,LLP.

2. The facts stated in this affidavit are within my first-hand knowledge and personal

experience from 2009,and if called on as a witness, I could competently testify as follows below.

3. 1 make this affidavit in self-defense. Under Duress and Coercion (including Violence as I

am being eaten, killed, or destroyed by the BAR)since this action is Round III(two rounds were

lost) by some interloper. As such, I do not consent to this unlawful kangaroo court proceeding

violating BAR's own rules and laws.

4. 1 make this affidavit in support ofthis cross-motion to dismiss, for default judgment and

Order to Show Cause for Sanctions to establish a recorded pattern ofconcerted criminal acts(mens

ria) of all officers ofthis court, which is extortion racket.

5. I make this Affidavit in opposition to WOODS OVIATT OILMAN,LLP motion for an

order of reference.

BRIEF HISTORY OF PRIOR LITIGATION,ABOUT WHICH ATTORNEYS

FROM WOODS OVIATT OILMAN,LLP ARE INTENTIONALLY SILENT IN
THEIR MOTION FOR ORDER OF REFERENCE

6. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORTGAGE

PASS-THROUGH CERTIFICATES,SERIES 2006F and U.S. BANK NATIONAL

ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING CORPORATION

MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006F(US BANK)is a corporate

bankster "straw men" invented by some interloper(WELLS FARGO?)and/or later by WOODS

OVIATT OILMAN,LLP(WOODS)to conduct this felonious robbery action.

Round 1: 2009 foreclosure lawsuit

7. Unidentified, alleged Plaintiff, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE

FOR MORTGAGE PASS-THROUGH CERTIFICATES,SERIES 2006F(US BANK),

represented by notorious foreclosure mill Steven J. Baum,P.C. started foreclosure of my property

on or about October 2009 by filing notice of pendency, summons,complaint and affidavits of

service in this court. Exhibit A. The reason they are notorious because in 2010 they were

investigated by New York State Attorney General and United States Attorney for their fraudulent

robo-signing practices in creating assignments and fraud upon the court. As result, Steven J.

Baum,P.C. settled, paid fines and disbanded. Upon information and belief, my case was on a class

member list that law enforcement investigated since Steven J. Baum, P.C. abandoned foreclosure

against me. Particularly, in numerous cases that Steven J. Baum,P.C. handled and in my case,

undisclosed employee from said firm permitted and rented her name to unidentified people who
were fabricating, inter alia, notarized assignments and used said employee name to sign those

assignments. Investigation revealed that said employee, Elpiniki M. Bechakas Esq., turn out to be

- attorney of Steven J. Baum,P.C. while falsely claiming that she is Assistant Secretary and Vice

President" ofMERS.In that round of litigation, I asked Steven J. Baum,P.C. to clarify and identify

whom or what U.S. BANK is and why it suing me. They went silent.

8. Accordingly, said Notice of Pendency, Foreclosure Complaint and affidavits attached

thereto were fictitious, false, and fraudulent legal documents filed in the Court and County Clerk's

office under penalty of perjury, which is crime in New York.

9. Foreclosing party as plaintiff has the burden of proof. According to doctrine ofjudicial

estoppel, I rebutted presumptions of validity of plaintifPs name and its averments in complaint.

This, in turn, shifted burden of proofon alleged Plaintiff and its attorneys to come with admissible

evidence. They intentionally failed to meet the burden by acting professionally incompetent and/or

blissfully ignorant of my demands in my affidavit supporting motion to dismiss and for sanctions,

Exhibit B.

10. Simultaneously, said law enforcement authorities started investigation ofthe major 5

banks, including Wells Fargo - alleged servicer. Upon information and belief that investigation

resulted in fines and consent judgments including against Wells Fargo for fraudulent foreclosure

practices.

11. On or about 2013, Administrative Judge Lawrence Knipel dismissed tbe action for failure

to prosecute and vacated lis pendens. Exhibit C.

Round 2: 2014 foreclosure lawsuit

12. In January 2014, alleged Plaintiff. U.S. BANK,allegedly hired Frenkel, Lambert, Weiss,
Weisman & Gordon, LLP to restore foreclosure action to calendar and for order of reference.

Supporting affirmation, attached as Exhibit E, now states different facts from facts in

2009-foreclosure complaint contrary to doctrine ofjudicial estoppel.

13. Once again, still undisclosed interloper forced me to defend my property and me against

new false aceusations by filing cross-motion to dismiss foreclosure action. Once again, 1 rebutted

identity of US BANK,all their sworn statements, newly fabricated exhibits and so-called

'corrective assignment of mortgage."

14. As attorneys, they knew that by operation of law, they required filing counter-affidavit or

my affidavit stands as facts and truth of the case admitted by them. Again,accordingly to doctrine

ofjudicial estoppel, 1 rebutted presumptions of validity of each document. This, in turn, shifted

burden of proofon alleged Plaintiff and its new attorneys to come with admissible evidence. They

intentionally failed to meet the burden. In my cross-motion to dismiss, 1 requested trial by jury in

order to dismiss this action with prejudice. In reply, they filed cross-motion to discontinue and

requested that 1 do not oppose that motion and that I will be never bothered again. Per their request,

1 did not oppose that motion and it was granted by Hon. Bert Bunyan, Exhibit F.

Round 3: 2016 foreclosure lawsuit

15. According to common law, WOODS OVIATT OILMAN,LLP committed barratry, a

crime of instigating controversy and profiting from it while Federal law, inter alia, calls it RICO.

16. Unified Court System's rules published on its website in section Affidavit in Support of

motion says the following:

"The Affidavit should say:

what is being asked for and why
the facts about the case
 whether or not the movant has ever asked the court for this before, and if so, what
happened and why the movant is asking again/'[Emphasis mine]

17. In this case, movant is U.S. BANK. Because it is legal fiction, some employee with

authority and competence to verify complaint must sign verification in order for the complaint to

be valid.

18. Upon my personal investigation of foreclosure mills, no bank's employee ever verified

complaint, which is also the case in all 3 Rounds offoreclosure.

19. Alleged Plaintiffs motion for order of reference, which is second after 2013, too does not

have movant's affidavit in support from US BANK.

NOTICE; Victoria Munian, Esq. you must rebut this affidavit point for point and/or should
contact your licensed attorney for advice on how to report this case to your professional
liability insurance carrier

20. Fact, I have not seen any and therefore aver that there is no documentary evidence in this

case that shows existence ofany employee from US BANK.

21. This makes its motion defective and nullity. Alleged Plaintiffs attorneys deceitfully use

so-called 'witness affidavit' from alleged servicer. Wells Fargo, to cover up this defect.

22. WOODS OVIATT OILMAN, LLP does it on purpose to avoid identifying interloper who

hired them. As attorneys' from said firm allegedly awarded status of Super Lawyers, they

definitely know that attorney's affirmation is an opinion or argument before the court and must

rely on facts averred by their client, U.S. BANK. As such, 1 object to this defective motion and

demand sworn supporting affidavit from qualifying employee of US BANK. Without this

affidavit, 1 cannot be compelled to argue fraud with fiction as fiction is dead and 1 cannot impeach

it in front ofJury. 1 can cross-examine attorneys from WOODS OVIATT OILMAN,LLP who are

deceitfully attempting to act as fact witnesses in violation of"advocate - witness" rule of New
York Rules of Professional Conduct, but that would still create a Theater of Absurdity since I

know already their perjurious, hearsay answers.

23. In addition to this obvious fraud upon the court by officers of the court from WOODS

OVIATT OILMAN,LLP, no attorney from the firm or employee from alleged servicer has any

firsthand knowledge as to what allegedly happened in 2005 and thereafter.

24. In addition, none ofthe people involved dares to say that in 2005 and/or thereafter they

were custodians ofthe documents they allegedly reviewed. 1 bet that most ofthem if not all did not

even work as attorneys or servicer's employees from 2005. As such, any certification from

attorney's office, affirmation or affidavit under penalty of perjury, or exhibit they are pushing into

the court's record is inadmissible hearsay,and even worse-fabrication from Wells Fargo given to

them.

25. In addition to this obvious fraud upon the court. Affirmation ofregularity (Exhibit G)

from Victoria Munian, Esq. is perjury for reasons stated below.

26. Victoria Munian, Esq. in ^111 of her affirmation of regularity writes,"11. That no previous

application has been made for this or like relief."

27. Victoria Munian, Esq. knows that there is history of prior foreclosure vexatious litigation,

which ended in my favor.

28. Victoria Munian, Esq. intentionally omits this history in her affirmation of regularity.

29. The statement in ^ 11 of affirmation of regularity is false because this is second order of

reference.

30. Noticeably, Jason Bailey, clerk of WOODS was itching to say to me who the interloper is

in this case and did so in his affidavit of mailing below notary stamp. Exhibit G:
"Re: Affidavit of Mailing of Motion for Order of Reference
WELLS FARGO BANK,N.A. vs. KRICHEVSKY,MICHAEL,et al.
Kings Co. Supreme Court # 506127/2016"

31. 1 take it as insider s information and now will rely on it.

No joinder and no jurisdiction over alive man Michael Krichevsky and US BANK under

legal maxim - dissimilar things are not to be joined

32. 1 move this Honorable Court to take mandatory judicial notice that under common law of

this Nation, my proper name, as alive man. must be styled according to Judeo-Christian

Appellation as Michael Krichevsky. As a man of God, 1 take personal insult when my name

fraudulently spelled or styled MICHAEL KRICHEVSKY as in cemetery or graveyard. 1 believe

that this done on purpose to join US BANK and me, Michael Krichevsky, in this felonious and

simulated action. To achieve this goal. Supper Lawyers from WOODS OVIATT OILMAN,LLP

decided to mischaracterize my status and me as legal person -a legal fiction in Roman law

corporation (dead corps) without God's given Natural Rights that only alive man posses so that

they can human traffic me into their corporate fiction Jurisdiction. A legal fiction is an assumption

that something that is(or may be)false or nonexistent is true or real. Intemationally recognized

The Chicago Manual of Style supports my contention. Even "Chambers Handbook for Judges'

Law Clerks and Secretaries"(available in the web)states,"It is also useful to have a stylebook,

such as The Chicago Manual ofStyle, published by the University of Chicago Press." In

conclusion, the lawful court takes mandatory Judicial notice that 1 am not the legal fiction

MICHAEL KRICHEVSKY,and whatever alleged plaintiff attached to documents against

Michael Krichevsky do not apply to me.

33. Based on above, 1 conclude that all so called "evidence" attached as exhibits where my
name styled MICHAEL KRICHEVSKY is bizarre, prejudicial, fraudulent and misleading the

court even under presumption that these documents are copies of originals 1 allegedly signed,

which they are not. On the other hand, if I assume for the sake of argument that 1 did sign them,

which 1 deny,these documents would be void due to fraud that would be perpetrated against me by

deceit and nondisclosure ofintent to mischaracterize my status as a dead man or corporate legal

fiction. As such, this action must be dismissed with prejudice for lack ofjurisdiction as courts

should not aid and abate criminals.

34. In court there is slogan In God We Trust. Scripture says,"Lying lips are abomination to the

LORD: but they that deal truly are his delight. Proverbs 12:22. This case is continuation of prior

pattern and practice where alleged plaintiff and its prior attorneys were "lying lips."

35. One of the fundamental pillars of Anglo-Saxon Jurisprudence is the adversary system

based on the premise that the truth is best determined in court if equally equipped and intelligent

advocates argue their adverse positions before a disinterested neutral judiciary or jury.

36. State and federal laws require that litigation be brought in the name of a legal real party in

interest having capacity to sue which in foreclosure cases means that a purported foreclosing

mortgagee with legal capacity to sue(synonymous with standing) must own the loan when filing a

foreclosure lawsuit.

37. NOTICE: due to threat from hurricanes projected to hit New York in the beginning of

September, as hurricane Sandy survivor, I abandoned work on that affidavit and started packing to

evacuate. Thereafter, as threat subsided I started unpacking. As such, I did not completely finished

my affidavit and notify WOODS OVIATT OILMAN,LLP that I will supplement the later.

WHEREFORE,1 respectfully move this court forjudgment on this cross-motion dismissing this
action with prejudice and sanctioning attorneys of WOODS OVIATT OILMAN,LLP; and for

such other and further relief as to this Court seemsjust and proper, including the costs of this

litigation.

Under Duress. Michael Krichevsky. Sui Juris

Sworn to before me this

28 day of September 2017

NOTARY PUBLIC

ALICE ASHER
t'lOTARY PUBLIC,Slate Of New York
N0.01AS6062200
Qualifiedin Kings County
Commission Expires 07/30/2021
 -M
J

HELP FOR HOMEOWNERS IN FORECLOSURE

NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.

SUMMONS AND COMPLAINT

YOU ARE IN DANGER OF LOSING YQUR HOME. IF YOU FAIL TO RESPOND TO THE
.'.1
SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION,YOU MAY LOSE
YOUR HOME. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY. YOU
SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID
OFfICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.

SOURCES OF INFORMATION AND ASSISTANCE

The state encourages you tp becorne informed abbtit your options in

foreclosure. In addition to seeking assistance from an attorney or legal aid
office, there are government agencies and non-profit organizations that you
may cPntact for information about possible options, including trying to work
with your lender during this process.

To locate an entity near you, you may call the toll-free helpline maintained by
the New York State Banking Department at 1-877-BANK-NYS (1-877-226-5697).
or visit the department's website at WWW.BANTCING^tATE NY.US.

FORECLOSURE RESCUE SCAMS

Be careful of people who approach you with offers to ''save'' your home. There
are individuals who watch for notices of foreclosure actions in order to unfairly
-<
M
profit from a homeowner's distress. You should be e^remely careful about any
:.i
. i
such promises and any suggestions that you pay them a fee or sign over your
deed. State law requires anyone offering such services for profit to enter into a
contrail which fully describes the services they will perform and fees they will
charge, and which prohibits them from taking any money from you until they
have completed all such promised services.

1303 NOTICE

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220 Niwfltpoinn'Pirkiv,!*' ATTORNEYS AT LAW

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Amhmi. NY I422H WWWMBAUMCOM

PERSONAL AND CONFIDENTIAL

MICHAEL KRICHEVSKY
4221 ATLANTIC AVENUE
BROOKLYN, NY 11224

Re:Plaintiff: US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR MORTGAGE PASS-THROUGH

CERTIFICATES,SERIES 2006-F
Properly: 4221 ATLANTIC AVENUE,BROOKLYN. NY 1 1224
Loan No.: 0149183295-708

Dear Mr. MICHAEL KRICHEVSKY:

This office represents the above named creditor. Plea.se be advised that a claim in the amount of
$771,683.85 calculated through 10/07/2009 ,has been referred to us for appropriate action, such as a mortgage
foreclosure proceeding.

As of 10/07/2009 , the unpaid balance of the debt secured by the Property is $771,683.85, comprised of
the following:

Principal Amount $746,256.13

Interest at 6.5% from 04/01/2009 up to
and including 10/07/2009(190 days)at SI 32.89 / day $25,250.04
Late charges through 10/07/2009 $323.36
Included Inspection Fees $15.00
Deduction of amount remaining in escrow account $160.68

TOTAL $771,683.85

If you have been granted a discharge in bankruptcy, our client does not seek to hold you personally liable
for the debt. However, we are prepared to foreclose on the Property to satisfy the debt.
 Because of interest, late charges, property tax advances, property insurance advances, inspection fees
and other charges that may vary from day to day. the amount due on the date payment is made may be greater
than the current balance set forth above. Hence, if the amount shown above is paid, an adjustment may be
necessary after payment is received, in which event we will inform you before depositing the payment.

For further information, call our office at 716-204-2400 or 716-204-9400. If you are actively engaged in
military service, or have been activated from re.serve status, it is important that you contact us.

Unless you notify us within thirty days after receipt of this letter that you dispute the validity of this
debt, or any portion thereof, the debt will be assumed by us to be valid. If you notify us in writing within thirty
days after receipt of this letter that the debt or any portion thereof is disputed, we will obtain verification of the
debt or a copy of a judgment against you, if any, and we will mail you a copy of such verification or judgment.
Upon your written request within thirty days after receipt of this letter, we will provide you with the name and
address of the original creditor, if different from the current creditor.

This communication pertains to your dealings with me as a debt collector. It does not affect your
dealings with the New York State Court, and in particular, it docs not change the time at which you must answer
the Complaint, or other legal pleading. The Summons is a command from the Court, not from me, and you must
follow its instructions even if you dispute the validity or amount of the debt. This communication al.so does not
affect my relations with the Court. As a lawyer, 1 may file papers in the suit according to the Court's rules and
the Judge's instructions.

Very truly yours,

STEVEN J. BAUM,P.C.

By: Michael J. Wrona, Esq.

The law firm of Steven J. Baum, P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be u.sed for that purpo.se.
 STATE OF NEW YORK
SUPREME COURT:COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006-F
3476 Statevicw Boulevard
Foil Mill, SC 29715

Plaintiff, SUMMONS

vs.
ORIGINAL FEL] THE
CLERK ON
MICHAEL KRICHEVSKY,CAPITAL RESOURCES
CORPORATION,NATIONAL CITY BANK. NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY PARKING VIOLATIONS MORTGAGED PREMISE:
BUREAU,NEW YORK CITY TRANSIT 4221 ATLANTIC AVENUE
ADJUDICATION BUREAU, BROOKLYN.NY 11224

JOHN DOE(Said name being fictitious, SBLH:

it being the intention ofPlaintiff to
BLOCK 7026, LOT 53
designate any and all occupants of
premises being foreclosed herein, and
any parties, corporations or entities,
ifany, having or claiming an interest
or lien upon the mortgaged premises.)

Defendant(s).
-X
TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to serve
a copy ofyour Answer on the Plaintiffs attorney within twenty(20)days after the service ofthis Summons
exclusive of the day ofservice, or within thirty(30)days after completion ofservice where service is made in any
other rnanner than by personal delivery within the State. The United States of America,ifdesignated as a
Defendant in this action, may answer or appear within sixty(60)days ofservice hereof. In case of your failure to
appear or answer,judgment will be taken against you by default for the relief demanded in the Complaint.

NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME

If you do not respond to this summons and complaiiit bv serving a copy

of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against vou and filing the answer with the court, a
default ludgment may be entered and you can lose vour home.
 Speak to an attorney or go to the court where vour case is pending for
further information on how to answer the summons and protect vnnr
property. ~

Sending a payment to vour mortgage comDapv will not ston this

foreclosure action.

YOU MUST RESPOND RY SERVING A COPY OF THE ANSWER ON

THE ATTORNEY FOR THE PLAINTIFF(MORTGAGE COMPANY^
AND FILING THE ANSWER WITH THE COUrT

prenus !>" of mortsaged

DATED; October 7,2009

Michael J. Wrona, Esq.

Steven J. Baum, P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.: 716-204-2400

f
to collect a debt. Any infonnatjon obtained by them will be used" ^'np'oys are debt collectore who are attempting
for that purpose.
 STATE OF NEW YORK
SUPREME COURT:COUNTY OF KINGS
-X
US BANK NATIONAL ASSOCIATION. AS
TRUSTEE FOR MORTGAGE PASS-THROUGH
CERTIFICATES,SERIES 2006-F
3476 Stateview Boulevard
Fort Mill, SC 29715

Plaintiff,

vs. COMPLAINT

MICHAEL KRICHEVSKY,CAPITAL RESOURCES INDEX NO

CORPORATION,NATIONAL CHT BANK. NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD. MORTGAGED PREMISES:
NEW YORK CITY PARKING VIOLATIONS 4221 ATLANTIC AVENUE
BUREAU.NEW YORK CITY TRANSIT BROOKLYN.NY 11224
ADJUDICATION BUREAU,
SBL#:
JOHN DOE(Said name being fictitious, BLOCK 7026, LOT 53
it being the intention ofPlaintiff to
designate any and all occupants of
premises being foreclosed herein, and
any parties, corporations or entities,
if any. having or claiming an interest
or lien upon the mortgaged premises.)

Defendant(s).

The Plaintiff by its attorneys, Steven J. Baum, P.C., for its complaint against the Defendanl(s) alleges
upon information and belief as follows:

AS AND FOR A FIRST CAUSE OF ACTION:

FIRST. Plaintiff is a national banking association duly organized and existing under and by virtue of the
laws of the United States of America and having its principal place of business in Cincinnati. OH,and the owner
and holder ofa note and mortgage being foreclosed.

SECOND: On or about the I4th day of December, 2005, MICHAEL KRICHEVSKY duly executed and
delivered an adjustable rate note whereby MICHAEL KRICHEVSKY promised to pay the sum of S747.600.00
with interest on the unpaid balance ofthe debt.

THIRD: That as security for the payment of said note MICHAEL KRICHEVSKY duly executed and
delivered a mortgage in the amount of $747,600.00 which mortgage was recorded as follows and mortgage fax
paid thereon:

Recording Date: December 21,2005

Instrument Number: 2005000701375
County(or City Register of): Kings
 The mortgage was subsequently assigned to US BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-F by assignment dated the 25'*' day of
August, 2009 and sent for recording in the Office of the Clerk of Kings County.

FOURTH; The mortgaged premises are commonly known as 4221 ATLANTIC AVENUE,
BROOKLYN, NY 11224 and more fully described in "Schedule A" attached to this complaint. The tax map
designation is known as all or part ofSBL: Block 7026,Lot 53.

FIFTH: That the Defendantfs) MICHAEL KRICHEVSKY so named, has/have failed to comply with the
conditions of the mortgage and note by failing to pay principal and interest and/or taxes, assessments, water rates,
insurance premiums, escrow and/or other charges that came due and payable on the 1st day of May, 2009 as more
fully set forth below. Accordingly, Plaintiffelects to call due the entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:

Principal balance: $746,256.13

Interest Rate: 6.5%
Date interest accrues from; April 1, 2009
Escrow balance; $160.68
Late charges: $323.36
Inspection fees; $15.00

Together with monies advanced for taxes, insurance, maintenance of premises and the costs, allowances
and reasonable attorney's fees if permitted by the mortgage. The interest rate stated above may change in
accordance with the adjustable rate featiue of the note or loan agreement.

SEVENTH; In order to protect its security interest the Plaintiff or its agent has paid or may be compelled
to pay during the pendency of this action, taxes, assessments, water rates, insurance premiums and other charges
affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together with interest,
be included in the sum otherwise due as provided for and secured by the mortgage.

EIGHTH; Upon information and belief all the defendants herein have or claim to have some interest in or
lien upon said mortgaged premises or some part thereof which interest or lien, if any, has accrued subsequent to
the lien of Plaintiffs mortgage, or has been paid or equitably subordinated to Plaintiffs mortgage, or has been
duly subordinated thereto. The rea.son for naming said defendants is set forth in "Schedule B" that is attached to
this complaint.

NINTH; The reason for naming any govenunental agency or instrumentalities of the Federal, State or
local government(however designated), is set forth in "Schedule C" that is attached to this complaint.
TENTH; Upon information and belief the defendant(s)"John Doe" are occupants of the premises being
foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest
against the premises.

ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a and
6-1 or 6-m and the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any
rules and regulations promulgated thereunder, Section 6-1 and 6-in of the Banking I.aw, and Section 1304 of the
Real Property Actions and Proceedings Law.
 said premises be sold subject state of fects^M' P'"'' 'ojudgment offoreclosure and sale,
survey ofthe premises wSslrcotnal ^---'
any; building and zoning ordinances and possible violation.: oTi^ '' agreements ofrecord, if
possession of the premises; any equity of redemntion of ih/. n i l ^ persons in
within 120 days; prior mortgage^aid HeiL ut^^0^^.
requests
to satisfythejudgment offoreclosure provide for theLe ofthe0^/
the indebtedness. moreorder
parcels in a particular thantoone parcel.necessary
the extent Plaintiff

and -nnan a m,oto aciona nr pnmling pcdigs a. law to colto or onfoioo u,e
AS AMD FOR A SECOND CAUSE OF ACTION
PLAINTIFF HEREIN Alt Fr.ps:

through'THmTCENTH'\arSS^ a"cgations contained in Paragraphs "FIRST"

in or So "'"i"-' aonte intent
to the lien of Plaintiffs m"dLaT^^ ^M f snbseqoeni
aiia^l^rtLrn^S- -idT^di'n^isTfot^inSl^Sor
aLTSis"tote"p.S'JS^,^rSSpeT^S
Recording date: May 28,1986
Book/Page: 1818/323
(County of)(City Register oO: Kings

1818 at "> ""^"-sagn recorded the 28- day of May. I98d in Book
SEVEOTEENTH: The interea of Plaintiff in the property is set forth in paragraph "Fntsr', above,
infants, ' -

commencement of this actiM"wto'w"any cont!neeniv''!^i" ".i"". "icing or ascenained at the

become entitled to a beneficial estate or inffllMi ii, on'mned m a devise or otherwise, could afterward
herein will not and may not affect any such pereon^nm^i,r^'^'^
commencement of this action. ascertained at the time of the

and adveT^!oTmorigSe RESOURCES CORPORATION appears to be prior

Article 15 of the Real Property Actions and Proceedhigs Uw. ^''''"g^^hed pursuant to
TWENTY-FIRST: Plaintiff hereby requests that the Judgment of Foreclosure state the following:
 the mongp being forec osed, namely ^decreed, that the licn(s)CAPITAL
the lien of Defendant(s) which appear(s) to be prior
RESOURCES and advei^e to
CORPORATION
is/are hereby declared invalid and extinguished pursuant to RPAPL Article 15; and it is further

CORPDRATinM'A^^^' DECREED, that Defendant CAPITAL RESOURCES

? r /if by- through or under them, be and are hereby forever barred

r* r j CAPITAL
Defendant raA AND DECREED,
RESOURCES CORPORATION thatand
is invalid theextinguished;
record be reformed
and it istofurther
reflect that the lien of

AS AND FOR A THIRD CAUSE OF ACTION,

PLAINTIFF HEREIN ALLEGES:

.ho :"That the recorded

the address ofthe property encumbered mortgage,
by the mortgage as:that
4221is Atlantic
the subject of thisBrooklyn,
Avenue, action, accurately
New York.references
n n ^oscription contained in deed dated December 14,2005 and recorded
-h saidV"
accurately describes property. 2005000701374 (attached hereto as> Schedule nA-l)
ij,

20050nn7nIt^?T"J^?' ^he mortgage recorded December 21, 2005 in City Register File No.(CRFN)
D^ember 2^700? V f "f'0" 'hereto and the description contained in deed recorded on
^CthAarti^ ^ 2005000701374 should be substituted to reflect the intent
mnc hereby requests reformation of the said mortgage recorded December 21

ALLthatcertain plot,pieceor parcel ofland,with thebuildingsand improvementsthereon erected,situate,lyingand

being intheBorough ofBiooklyn,CountyofKings,CityandStateofNew York,knownand designated on mapentitled
"Map ofSection A Norton Point"made byFontand Beachsiuveyors, i894 and filed in the Office ofRegister Kings
County,April20,1894,#351-352-353in Block#7ofsaid map and described with reference to the privateroad,laid
down on said map as follows:

BEGINNING at a point on thcNortherly lineofAdanticAvenueonsaid map,160feet Westerly fi-om theintersection

ofsaid Northerly line with the Westerly side ofBeach 42nd Street;

RUNNINGTHENCEWeslerlyaloiigthe NortherlylineofAtlanticAvenueasilcurves to the Weslerlyiineoflot351

on said map;
 THENCENortheriyalongthe Westerly lineoflot35](whichlineisonaiadius oflheconceniriccurvesofAtlantic and
SurfAvenues); 100 feet to the middle line of block between Atlantic and Surf Avenues;

THENCEEasterly alongthe middlelineofthe block asitcurves,60feetto the Westerly lineoflot354onsaid map;

I THENCESoutherlyatrightanglesto Atlantic Avenncand alongthe Westerlylineofsaid lot#354,100feetto the point
THENCESoutherlyatrightj
or place ofBEGINNING.

WHEREFORE,PLAINTIFF DEMANDS JUDGMENT;

1. Adjudging and decreeing the amounts due the Plaintiff for principal, interest, costs, late charges
expenses ofsale, allowances and disbursements, reasonable attorney's fees if provided for in the
mortgage and any monies advanced and paid which are secured by the mortgage.
2. That the defendants all persons claiming by, through or under them and every other person or
entity whose right, title, conveyance or encumbrance is subsequent to or subsequently recorded
or whose lien is being challenged by being a defendant in this action, be barred and foreclosed of
Md from all nght,claim, lien, interest or equity ofredemption in and to said mortgaged premises
3. I hat the sard mortgaged premises, or such part thereof as may be necessary to raise the amounts
according to law subject to the provisions of paragraph
TWEi^FTH"ofthis complaint.
4. That out ofthe monies arising from the sale thereof, the Plaintiff may be paid the amounts due on
sard note arid mortgage, plus those items referenced in paragraph 1, above, together with any
si^ expended as aforesaid, with interest as allowed by law upon any advances from the dates of
the respective payments,so far as the amount ofsuch money properly applicable thereto will nay
the same. ^
5. That either or ariy ofthe parties to this action may become a purchaser upon such sale.
6. That this court, if requested, forthwith appoint a receiver ofthe rents and profits ofsaid premises
with the usual powers and duties.
That the defendants referred to in paragraph "FIFTH" of this complaint and any original or
subsequent obligors so named in this action, may be adjudged to pay any deficiency that may
rmain after applying all ofsaid monies so applicable thereto, unless the debt has been listed and
disctorged in a bankruptcy petition, or unless the Plaintiff is unable to produce a copy ofthe note
m which case no deficiencyjudgment will be sought.
in the event Plaintiff possesses any other liens against the premises, they shall not be merged with
the same Plaintiff specifically rescues its right to share in any surplus monies ari.sing from the
sale of the subject premises by virtue of its position as a judgment or otlier lien creditor
excluding the mortgage being foreclosed herein. '
That Defendant CAPITAL RESOURCES CORPORATION'S interest in the mortgaged premises
and all persons or entities claiming by, through or under them, be declared invalid and
extinguish^, and that Defendant CAPITAL RESOURCES CORPORATION and all persons or
entities claiming by, tlirough or under them, be barred and foreclosed of and from all right, claim
lien, interest or equity or redemption in and to said mortgaged premises and that the plaintiff be
granted reformation of the record to reflect said lien being extinguished.
10. Awarding the reliefrequested in the SECOND cause ofaction stated in this complaint.
 11. Awarding the relief requested in the THIRD cause of action stated in this complaint
12. That the Plaintiff may have such other and further reliefas may bejust, equitable and proper.

By.
Michael Jv-Wrona, Esq.
Steven J. Baum,P.C.
Attorneys for Plaintiff
220 Northpointe Parkway Suite G
Amherst, NY 14228
Tel.; 716-204-2400

The law firm ofSteven J. Baum,P.C. and the attorneys whom it employs are debt collectors who are attempting
to collect a debt. Any information obtained by them will be used for that purpose.
 PRIME TITLE SEARCH,LLC

Title No.PT-70347-09 (File No. 170181)

SCHEDULEA
DESCRIPTION

Block 7026 and Lot 53

ALLthatcertain plot,pieceorparcel ofland,with the buildings and improvementsthereon erected,situate,lying and

beinginiheBoiough ofBrooklyn,CountyofKings.Cityand StateofNew York,knownand designated on map entitled
"MapofSection A Norton Point"madebyFontand Beach surveyors,1894and filed in the GlEceofRegister Kin^
County,April 20,1894,#351-352-353inBlock#?ofsaidmapand described with referenceto the private road,laid
down on said map as follows;

BEGINNING ata pointontheNortherly line ofAtlantic Avenueonsaid map,160feet Westerly fiom the intersection
ofsaid Northerly line with the Westerly side of Beach 42nd Street;

RUNNING THENCE Westerly alongthe Northerlyline ofAtlantic Avenueasitcurvesto the Westerlyline oflot 351
on said map;

THENCENortherlyalonglhe Westerlylineoflot351(whichlineisonaradiusoftheconcentriccurvesofAtlanticand
Surf Avenues); 100 feet to the middle line of block between Atlantic and Surf Avenues;

THENCEEasterly along the middle lineofthe block as itcurves,60feettothe Westerly line oflot354 on said map;
THENCESoutherly atrightanglesto Atlantic Avenueand along the Westerly lineofsaid lot#354,100feet to the point
or place ofBEGINNING.

Premises known as 4221 Atlantic Avenue,Brooklyn, New York

SCHEDULE A
 NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER

Tills page is part of die iastnimeat.The City

Register willtely on the infonnntion provided
by you on this page for purposes ofindexing
(liis Inslrvment.The informalion on (his page
willcontrol forindexing purposes in the event
ofany conflict with the rest of tite document.
200512150020400100iElEBA
RECORDING AND ENDORSEMENT COVER PAGE PAGE 1 OF 5
Document ID: 2005121500204001 Document Date:12-14-2005 Preparation Date: 12-15-2005
Document Type: DEED
Document Pane Count:3
RETURN TO:
ATLANTIC LANDTITLE AND ABSTRACT,LTD. FRANCIS X. TUZIO
5417 18TII AVENUE 7412 ISTTI AVENUE
BROOKLYN,NY 11204 BROOKLYN.NY 11204
718-331-6400
ATLANTICLTA@AOL.COM (AL2387K)

PROPERTY DATA
Borough Block Lot Unit Address
BROOKLYN 7026 53 Entire Lot 4221 ATLANTIC AVENUE
Property Type: 1- 2 FAM WITH ATTCH GAR/OR VACANT LAND

CROSS REFERENCE DATA

CRFN. or Document ID_ _ or Year Reel. Page. or File Number.

PARTIES
GRANTOR/SELLER: GRANTEEmUYER:
SAMUEL W.COHEN MiaiAEL KRICHEVSKY
4505 BEACH 45TH STREET 120 OCEANA DRIVE W., APT 5D
BROOKLYN. NY 11224 BROOKLYN. NY 11235

X Additional Parties Listed on Continuation Page

FEES AND TAXES
Mortgage Recording Fee:$ 52.00
Moiteaee Amount: 0.00 Affidavit Fee: 3 0.00
Taxable Mortgage Amount: 0.00 NYC Real Property Transfer Tax Inltng Fee;
Exetnnlion: $ 75.00
TAXES: County fBasicl: 0.00 NYS Real EstateTransferTax:
Citv/Additionan.- 0.00 $ 3.738.00
Spec(Additional): 0.00 RECORDED OR FaED IN THE OFFICE
TASF: 0.00 THE CITY REGISTER OF THE
MTA: 0.00 CITY OF NEW YORK
NYCTA: 0.00 Recorded/Filed 12-21-200512-.54
Additional MRT: 0.00 City Register Flic Nu.(CRFN):
TOTAL: 1.1 0.00 2005000701374
n
NYC HPD Affidavit in Lieu of Registration Siatcmeot

City Register Official SiRnature

SCHEDULE A-1

10
 NYC DEPARTMENT OF FINANCE
OFFICE OF THE CITY REGISTER

ill
2005121500204001001C1C3A
RECORDING AND ENDORSEMENT COVER PACE fCONTINUATIONI PACE 2 OF
jDoeament ID: 2005121500204001 Document Dale: 12-14-2005 Preparation Date: 12-15-2005
1 Document Type:DEED
PARTIES
GRANTOR/SELLER:
FRANCES COHEN
4505 BEACH 45TH STREET
BROOKLYN,NY 11224

SCHEDULE A-1

11
 CONSULT VOUR UWR BEFORE SICHIHO THIS[NSTHUBEHT-THtSINSIRUMBfrSHCWLD BE USED B*UWERSONLY
THIS INDENTURE,made Uie /V"day of DECEMBER.200S
BETWEEN
SAMUEL W.COHEN and FRANCES COHEN
eSOS BEACH STTfEET
BROOKLYN. NEW YORK 11224
paity of the first part,and
MICHAEL KRICHEVSKY
120 OCEANA DRIVE W.,APT 50
BROOKLYN. NEWYORK11235
party of(he second part
WITNESSETH,that the party of(he(irst part,in eonsideiation of
UP'tf".!'"
does h^by giani and release unto ^ 'Wats
Bie party of the second part paW by
the heirs or successors
the party ofanti
theas^ns
secondofpart,
Ore
party ofthe second part forever.
ALL Itiet certain pSoL piece or parcel of land. wi9i the buildings and iraptuvements thereon erected situate
lying and being In Die '
SEE SCHEDULE'A'ANNEXED HERETO.
1 PREMISES COMMONLY KNOWN AS;
42-21 ATLANTIC AVENUE
BROOKLYN. NEWYORK
l-'^"-'S3
BEING and Intended to be the same premises conveyed (o (he party of (ho first part by deed dated
12/2011993. and recorded In the OOice of(he City Register of Kings County 02f03f1994 In Reel 3206 Page
1640.
I TOGETHER wUh all right, tlDo and inleresL If any.of the party of the first part fo and to any streets and roads
I abutting the above desctaied premises to the center lines theroo( TOGETHER with the appurtenances and aO
I the estate and tights of the party of the first part In and to said prembes; TO'HAVE AND TO KOLO(he
}the second part forever.
AND the party of the first part covenants that the party of Die first part has not dona or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of Die first part. In compfiance with Secfion 13of the Uen law.covenants that the party of the
first part wilt receiva the consJderalion for this conveyance and will hold ihe right to receive such consldeiaUon
as a trust fund to be applied fitsl for the purpose o(paying the cost of Die Improvement and wiD apply the same
firs!to the payment of the cost of the Improvement betoio using any part of(he total of the same for any other
purpose. The word -party shall be construed as if it read parties" when aver the sense of Ihfs Indenfure so
requires.
IN WITNESS WHEREOF,the parly of Ihe first part has duly execUed this deed Ihe day and year first above
wtittea
IN PRESENCE OF:
SAMUEL W.COHEN
SCHEDULE A-1
FRANCES COHEN
Slandaiit N.Y.aT.U.Fiuin SOOZ Cian<ei's4cti-tlniiixiAdaxMieilsmeitl
 Schedule A Description
Title Number AL2387K
Page 1

f County of Kings. City and State'y*"9

Borough of Brooklyn, andYork,
of New beingknown
in theand
designated on map entWed "Map of Section A Norton Point" made tjy Font and

pnvate mad, oSm?p """ "

V^ " "ne of AtlanUc Avenue on said map 160
SSStac intersection ofsaidNo,tt.erlyiinewitlitl.e Westerly side of
RUNNING TO^CE Westerly along tile Norttiedy line of AtlanOc Avenue as it
curves to the Westeriy fine of lot 351 on said map;
Northerly along the Westeriy line of lot 351 (which line Is on a radius of
file concentric curves of Atlantic and Surf Avenues); 100 feet to the middle line of
block between Atlantic and Surf Avenues;
THENCE Easterly along the middle line ofthe block as it curves.60 feet to the
Westerly line of lot 354 on said map;

sTd'iotS Avenue and along the Westeriy line

or said lot 354,100 feet to the point or place of BEGINNING, w

SCHEDULE A-1
13
 TO BE USED OMLY WHEW THE ACKMOWLEOBMEWT IS MADE M HEW YORK STATE

sola of Near Yotic, County oi Stato of York* Count/of ss:

Onlhsiyui dayof DECEMBER in Ihe year 2005
before me.fits undeoln'ibtl. personally appeared
SAMUEL W.COHEN end FRANCES COHEN
porsonsly known to mo or proved to mo on llio liasis ol
setisfedoiy ovtdeneo to be the lndMduaI(s) whose namefs)Is
(ate)subsciUwd(o the wUNn bitbioneiil and aebuwledgcd to
mo thai ha/Sheniey oxecuted ibo camo in MsdioMholr
capac^es), and that by Hsflier/lheb sIgnakneCs) on the
InsltumanL tta bidMdualfe),or(ho person ttpon behalf of which iostntm^ Bio indMdualfsj,or the poison upon beh^ol which
the lndtv<dual{c)octsd,oxecutedflu^nstnronL^
On His dayol tn the year
bebrs me,the unitsrsigiied. personally appeared
peiscisally known to roo or proved to me on Ilia basis ol
sadsfn^ry ovtdanee to bo the tndlvfdialfs) whose natne(s) Is
(aro)subtotbod to the wtlhin Instnmtenl and adtnowlodQed to
mo tliat InMiaRhsy eieculad the same In hlsfliaifthelf
capadlylies), and lhal by tdslhadthalr sipnatuiefs) on the
dio indhfjdualfs)aetod.oxecuted Bib MsSnnnanL

(stgnaiure^nd office olIndlvfdual taking asknowtedpmenl) (slpnalure and ofRcoofImErtdual taking adonwledgaieii!)
} AimOHOMBIRNflAOM
Noli/yPiSloSlatoofNy
lte.OlB15OOtt0
OiaSSod In Mnos County
Comm.Exptre*0TOdl20C8
TO BE USED OMLY tWMEN THE ACKWOWLEDGMEHT13 MADE OtlTSlOE NEW YORK STATE

Stats(or District of Coliimbia,Taniloiy,or Foreign Counlry)ol

Onthe dayol tnlhoyoar befoio mo.Bia undorsigned. peisonadyappsarod

personally known to me or pmvod to mo on the basis ol saGslacloty evideoca to bo ttia Individuals) whose naine(s) is(are)
subsorBisd to the within tnstnimeid and acknowtadgad to mo Biat hobhefilwy oxocutad Bio same In Ms/hsifBieir capac%(Ie9},and
that^ hislhor/iheir slgnahirets)on Ute InstomenL tha lndMduaI(s). or Sio person upon bohalf of which Iho ln(9vMual(s)adad,
executed the ihstcvmenL and Biat such IndMdual made such appoaranco befone tho undorsigned In the
'n.
(InsOfi Bio City or olhor potRlcat subdtvislcn) (and iniett Iho Slate or Counlry orother placa Bie acknoMedgnieiit wasialen|

(slgnaluro and aaco ot individual lakiiig acknowtedgrnant]

SECTION:21
BLOCK: 7026
LOT:S3
COUNTY OR TOWN: KINGS
STREET ADDRESS: 42-24 ATLANTIC AVENUE
Bargain and Sale Deed BROOKLYN.NEW YORK
1MTH COVENANT AGAINST GRANTOR'S ACTS

TIUsNo. AL238TK

SAMUEL COHEN and FRANCES COHEN

TO
Recorded at Request of
MICHAEL KRICUEVSKY
COMMONWEALTH LAND TTIIE INSURANCE COMPANY

PPTIIHMHYMAII TO-

SIXXCXKOrORMOFKEWYOnxSOAROOXnrUIUKOQtlMtnERS
FRANCtSXTUZlO.ESQ.
Dkibftailodb/
741218 AVENUE
Commonwealth BROOKLYN.NEtAI YORK 11204
*bciAaMeAffib#*Kr

COMMOMWCMTM UKD Tine tKSmUtMX COWANT

SCHEDULE A-1
 Schedule B - Defendants
MICHAEL KJUCHEVSKY
CAPITAL RESOURCES CORPORATION
NATIONAL CITY BANK
JOHN DOE
Record owner and original mortgagor.
Holder of a mortgage.
Named as a party Defendant herein to extinguish
said Defendant's lien, as Plaintiff believes
Defendant has been paid in foil, and that the
lien ofthe Plaintiffis superior.
Holder ofa mortgage.
Said name being fictitious, it being the
intention of Plaintiffto designate any and all
occupants of premises being foreclosed herein,
and any parties, corporations or entities, if
any, having or claiming an interest or lien upon
the mortgaged premises.
15
 Schedule C - Defendants

NEW YORK CITY PARKING Holder of possiblejudgments against Michael

VIOLATIONS BUREAU Krichevsky.

NEW YORK CITY ENVIRONMENTAL Holder of possiblejudgments against Michael

CONTROL BOARD Krichevsky.

NEW YORK CITY TRANSIT Holder of possiblejudgments against Michael

ADJUDICATION BUREAU Krichevsky,judgments cannot be certified since
docket books are missing.

16
 STATE OF NEW YORK )
COUNTY OF ERIE )SS.:

Michael J. Wrona, Esq., being duly sworn, deposes and says:

Thai your deponent is the attorney for the plaintiff, having an office at 220 Northpointe Parkway,
Amherst,New York, and that he has read the foregoing Summons and Complaint and knows the contents thereof;
that the same is true to his knowledge except as to the matters therein stated to be alleged upon information and
belief, and as to those matters your dqionent believes it to be tnie. Deponent further states that the grounds ofhis
beliefas to all matters in the Complaint not stated to be upon his knowledge are based upon copies ofdocuments
and communications provided by my client.

That the reason this verification is made by your deponent instead ofthe Plaintiffis because the Plaintiff
does not reside or have an office for the conduct of business within the County of Erie, which is the County where
your deponent has his office.

By:
Michael J. Wrona, Esq

Subscribed and sworn to before me

this 7*^ day o/8>ctobcr, 2009.

LISA M. WILLIAMS
NOTARY PUBLIC. STATE OF NEW YORK
QUALIFIED IN NIAGARA COUNTY
MY COMMISSION EXPIRES 8/26/20_i)

17
 SUPREME COURT OF THE STATE OF NEW YORJC
COUNTY OF BONGS

US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR INDEX NO.25477/2009

MORTGAGE PASS-TBIROUGH CERTIFICATES,SERES
2006-F,
3476 Stateview Boulevard NOTICE OF MOTION TO
Fort Mill, SC 29715 DISMISS AND FOR
Plaintiffs, SANCTIONS
-against- Justice Bert Bunyau
MICHAEL KRICHEVSKY,CAPITAL RESOURCES Oral argument is not
CORPORATION,NATIONAL CITY BANBC,et all. requested
Defendant.

COUNSELORS: ^
PLEASE TAKE NOTICE,that upon the annexed affidavit of MICHAEL KRICHEVSKY,Pro Se,
affirmed to the day ofJanuary, 2010,an upon all the pleadings and proceedings heretofore had herein,
the undersigned will move before this Court at an IAS Part 8, room 438, at the Courthouse located at 360
Adams Street, Brooklyn,New York on the day of ,2010 at 9:30 a.m. in the forenoon of
that day or as soon thereafter as counsel can be heard:
For an order pursuant to CPLR 3211(a), dismissing the complaint herein on the grounds that: Plaintiff
has no legal capacity to sue, it fails to state a cause of action and complaint was not properly served; and
for such other and further relief as to this Court may seem just and proper.
The above-entitled action is foreclosure. This action is not on the trial calendar.

TAKE FURTHER NOTICE that, pursuant to Section 2214(b)ofthe Civil Practice Law and Rules,
all answering papers,if any, shall be served at least seven(7) days before the return date ofthis motion.
Dated: Brooklyn,New York
January 25,2010 uyi 1
/PTTT
Michael Krichevsky,Pro Se
4221 Atlantic Ave
Brooklyn,New York 11224
(718)687-2300

STEVEN J. BAUM,P.C.
Attorneys for Plaintiff
220 Northpointe Parkway, Suite G
Buffalo,New York 14228

fc
 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR INDEX NO.25477/2009

MORTGAGE PASS-THROUGH CERTIFICATES,SERIES
2006-F,
Plaiatiffs, AFFIDAVIT IN SUPPORT
-against- OF MOTION TO DISMISS
AND FOR SANCTIONS
MICHAEL KRICHEVSKY,CAPITAL RESOURCES
CORPORATION,NATIONAL CITY BANK,et all,"
Defendant.

STATE OF NEW YORK ss.:

COUNTY OF KINGS

MICHAEL KRICHEVSKY,Pro Se, by special appearance affinnatively deposes and says:

1. I make this afSdavit in support of this motion to dismiss the plaintiffs' complaint.
2. This is foreclosure action.

3. The Court lacks personal jurisdiction over the Defendant due to Plaintiffs failure to serve process in
accordance with Section 308 ofthe Civil Practice Law and Rules. PlaintijEf did not send debt validation

letter, did not comply with requirements ofParagraphs 1303 and 1304 ofRPAPL.Plaintiff's affidavits of
service (Exhibit A)constitute SEWER SERVICE. The address of89 Faimew Avenue,New York, New
York is not single-family house without an apartment number as it misleadingly appears from affidavit,
but apartment building where Defendant(a) did not reside as claimed by process server Robert
Winckelraann; and(b)there is no John Krichevsky in Defendants family either. This proves the process
server did not go to tliis location and made up facts in this affidavit. Ifcopy ofthe complaint really mailed
at this address-it would be undeliverable. The second Affidavit by Jeffry Conocchioli fails to state that
at the time ofservice at the address of4221 Atlantic Ave there was renovation going on and he must have
seen it. There was no defendant's dwelling where he lived with the door where pleadings could be
attached. That, again, proves that process server did not go to that location. Plaintiffknew from
Defendant' conversations with the sendcer that there is renovation going on. On the other hand, servicer

knew where Defendant worked. What a better place to serve defendant than place of abode? All ofthe
above makes me think that Plaintiff went out ofits way in order to perform SEWER SERVICE and tried
to obtain a defaultjudgment. Accordingly, defendant demands sanctions for frivolous lawsuit pursuant to
Plaintifffor commencing and maintaining this frivolous action and awarding costs, disbursements and
attorneys' fees.
4. The Plaintiffs complaint is so vague and ambiguous that 1 can not reasonably be required to prepare a
responsive pleadings because tlie complaint fails to attach any document to identify who or what" US
BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR MORTGAGE PASS-THROUGH

CERTIFICATES,SERIES 2006-F" is; nor can I determine from the Plaintiffs complaint upon what
facts the Plaintiff is claiming to be the real party in interest witli legal capacity to pursue this foreclosure
action on a promissory note which is required by the New York State Law. Plaintiff in Complaint(Exhibit
B)does not affinnatively state when it became the owner of mortgage and note. Nor plaintiff
affmnatively states that it is the owner and holder ofthe mortgage and note. Plaintiff does not state whom
I delivered the mortgage and note and who assigned my instruments to them. No assignment, mortgage or
note attached to the complaint either.
5. According to UCC 3-301 a "person entitled to enforce" the promissory note, if negotiable, is
limited to:

(1) The holder oftlie instrument;

(2)A nonholder in possession ofthe instrument who has the rights of a holder; or
(3)A person not in possession ofthe instrument who is entitled to enforce the instrument pursuant to
section 3-309 or section 3-418(d).

6. The Plaintiffs complaint fails to contain proved and sufficient facts to establish who the Plaintiffis or
the Plaintiffs relationship to the Defendant. Due to the foregoing, the complaint should be dismissed in
its entirety for lack oflegal capacity to sue and failure to state a cause of action.
WHEREFORE,it is respectfiilly requested that tliis motion be granted in its entirety, or as an alternative
to order tlie plaintiff(a)comply witli RPAPL to make its complaint more definite and certain in the
particulars identified hereinabove,for an awai'd of attorney's fees and for such other and further relief as to
Interest of Justice and this Court seems just and proper, including tlie costs ofthis motion.

MICHAEL KRICHEVSKY,Pro Se
Sworn to before me this
day of January 2010
2$4n/30M Orifcr tftcaiL cdkiti.tfKd[A9(tot of Pfie1ef1

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

\J(S- PIaiatif(s), ORDER OF DISMISSAL

(CPLR32IS(c))
-agamsc-
IndcxNoi

V Defeiidant(s),

AtaStete ConfemoeheM Msday,itis the findbgoftUs CourtthaltheplaindffluisMed

to ptoceed to eiitty ofjadgtoeot withta ooe year of deWt. Time spent prior to discharge iiom
mandatory setUement conference has not been computed in calculating the one year period.
Accordingly, the instant complaint is dismissed as ^andoned
pursuant to CPLR 3215(c),
without costs or prejudice and the County Clerk is directed to vacate the Notice ofPendency.
. EN T E

Date: AU6"1 2013 HON.IAWRNC& KNIPL

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ^
US Bank National Association, as Trustee for Mortgage
Pass-Through Certificates, Series 2006-F
AFFTRMATION TN SUPPORT
Pliumtiff,

-against- Indei No.: 25477/2009

Michael Krichevsky, Capital Resources Corporation,
National Cify Bank,New York City Environmental Control
Board,New York City Parking violations Bureau,New
York Ci^'Transit Adjudication Bureau,

John Doe(Said name being fictitious, it being the intention

ofPlaintiffto designate any and all occupants of premises
being foreclosed herein, and any parties, corporations or
entities, ifany,having or claiming an interest or lien upon
the Mortgaged premises.)
Defendants.

Settlement Conference Held March 17,2010, May 19,2010,June 24,2010,July 7,2010,

August 16,2010,September 22,2010 and October 28,2010 defendant faUed to appear,
matter released from conference part;

Ordered permission to proceed with Foreclosure on or about October 28,2010.

Kent O. Markgraf,an attorney admitted to practice law in the Courts ofthe State ofNew
York,hereby affirms the following to be true under the penalty ofpeijury:
1. That I am an associate with the firm of Frenkel, Lambert, Weiss, Wcisman &
Gordon,LLP,attorneys for the Plaintiff and am fiilly familiar with the facts and circumstances
hereinafter contained and submit this affirmation in support ofplaintifrs application to restore
this action to the Court's calendar; to vacate the Order ofthe Hon.Lawrence Knipel dated
August 1,2013;for an Order appointing a referee to compute the total sums due and owmg to
plaintiff; for a Default Judgment pursuant to CPLR 3215;for an Order amending the caption

E
excising defendants, Capital Resources Corporation and the John Doe defendants; for an Order
amending, nuncpro tune, plaintiff's name to U.S. Bank National Association, as Trustee for
Banc of America Funding Corporation Mortgage Pass-Through Certificaies, Series 2006-F and
amend the caption accordingly for an Order amending the Mortgage, nuncpro tune, by adding
the legal description from the deed; and for such other and further relief as to this court may
deem just and proper

2. As evidenced by the Summons and Complaint, copies of which are annexed

hereto as Exhibit "A",this is an action to foreclose a Mortgage on property located at 4221
Atlantic Avenue Brooklyn,NY 11224.'ITie defendant, Michael Krichevsky, executed a Note on
December 14,2005 in favor of Fairmont Funding,Ltd. As security for the Note, defendant,
Michael Krichevsky, executed a Mortgage in favor ofMortgage Electronic Registration Systems,
Inc., as Nominee for Fairmont Funding. Ltd. to secure payment oftlie principal sum of
$747,600.00. TheMortgagc was recorded on December 21,2005 in CRFN 2005000701375 in
the Office ofthe City Register ofthe City ofNew York. An assignment was than executed on
August 25,2009 into US Bank, National Association, by an which was recorded on October 19,
2009 as CRFN 2009000339958,which was corrected by a correction assignment recorded
September 17,2013 in CRFN 2013000380865. Plaintiff is the holder ofthe Note and Mortgage
as plaintiff has been, and remains,in physical possession ofthe Note,since prior to the
commencementofthis proceeding. A Note and Mortgage may be transferred by either a written
assignment or the physical delivery ofthe Note prior to commencement ofthe foreclosure action.
The Mortgage passes with the debt as an inseparable incident. See Flyer v- Sullivan,284 A.D.
697,134 NYS2d 521(1st Dept. 1954); Mortgage Electronic Registration Svg,Inc. v. 41
AD3d 674,838 NYS2d 622(2nd Dept. 2007);See also In Re Feinbetg,442 BR 215(SDNY
2010). Copies ofthe Note, Mortgage and assignments are annexed hereto as Exhibit"B".
3. As stated in the afBdavit of Anisha N.Suns submitted herewith, prior to the
commencement ofthis action,a breach letter was sent in accordance with the subject Mortgage.
A copy ofthe breach letter is annexed hereto as Exhibit "C". The letter was mailed via first
class mail Service by mail is deemed to be complete upon deposit ofsuch papers in the mail.
Waff V New York Citv Transit Authority.97 AJD.2d 466, 467 N.Y.S.2d 655(2d Dept 1983).

The notice states the default, the amount needed to cure the default,the time firame by which the
default must be cured,the consequences ofdefendant's failure to timely cure the default and
defendant's right to assert any defenses to a foreclosure proceeding. Thus,the notice fully meets
all the requirements as outlined in paragraphs 15 and 22 ofthe Mortgage.
4. Pursuant to the affidavit of Anisha N.Sims the 90-day pre-foreclosure notice was
not sent to the borrower because the Complaint was filed before January 14,2010,and the loan
exceeded Fannie Mae's conforming loan amount A copy ofFannic Mae's Historical
Conventional Limits is annexed hereto as Exhibit "D". Because the Plaintiff was not required to
send a 90-day pre-foreclosure notice in this matter, it did not make any filing regarding said
notice with the superintendent ofbanks.

5 This action was commenced by the filing ofthe Summons,Complaint and Notice
ofPendency in the Kings County Clerk's Office on October 8,2009. The Notice ofPendency
contained correctly and fiilly aU ofthe particulars required by law to be stated and since the filing
ofsaid Notice ofPendency,the Summons and Complaint have not been amended in any manner.
A copy ofthe Notice ofPendency is annexed hereto as Exhibit"E".
6. All ofthe defendants were duly served with copies ofthe Summons and
Complaint and the foreclosure homeowner's notice in accordance with RPAPL 1303. The
Summons contained the language required by RPAPL 1320. Moreover, the foreclosure
homeowner's notice, required by RPAPL 1303, was printed on its own page,in bold 14 point
type with the title ofthe notice in bold,20 point type on colored paper. The colored paper was
different than the color of the page upon which the Summons and Complaint were printed.
Copies ofthe afSdavits ofservice arc annexed hereto as Exhibit
7. None ofthe defendants, exceptPNC Bank,N.A.successor by merger to National
City Bank,N.A. appeared, answered or made any motion raising any objection to the Complaint
and arc in default. Their time to answer or appear was not extended by Court order or
stipulation. However,they are entitled to notice ofthis application pursuant to CPLR 3215(g).
The defendant,PNC Bank,NA.successor by merger to National City Bank,N.A., appeared in
this action. The Notice of Appearance is annexed hereto as Exhibit "G".
8. The defendant, Capital Resources Corp., is no longer a necessary party defendant
Plaintiff is further unaware of any John Doe defendants. Plaintiff rcspcctfiilly requests that this
action be discontinued as against the defendant. Capital Resources Corp., and the John Doe
defendants and the caption ofthe action be amended accordingly.
9^ review of the recorded Mortgage armcxed hereto as Exhibit B,revealed that

the legal description was not affixed to said document. The legal description contained in the
deed dated December 14,2005 and recorded December 21,2005 in CRFN 2005000701374
accurately describes the property. Said Deed is attached hereto as Exhibit"H". The deed and
the Mortgage were intended to describe the same property and thus reformation ofthe Mortgage
is warranted. Therefore, it is respectfully requested that the Mortgage be amended nuncpro tune
to add to the legal description as contained in the subject deed.
10. Plaintiff has complied with the requirements of CPLR 3215(gX3)C0 by mailing
the required additional notice to those individual defendants who have defaulted. The original
Affidavit of Additional Mailing is annexed hereto as Exhibit "I".
11. Settlement conferences were held in this matter on March 17,2010, May 19,
2010, June 24.2010, July 7,2010, August 16,2010, September 22,2010 and October 28,2010
and plaintiff was permitted to proceed with foreclosure. Annexed hereto as Exhibit **3" is the
Judicial Hearing Officer's Directive, dated October 20,2010,releasing this matter from the
foreclosure settlement conference part.

12. On December 30,2011. Frenkel, Lambert, Weiss, Weisman & Gordon,LLP were
substituted as counsel for plaintiff. A copy ofthe filed Consent to Change Attorneys is annexed
hereto as Exhibit "K".

13. Due to damage from Hurricane Sandy,this matter was placed on a FEMA hold
from November 28,2012 until March 18,2013.

14. This office has filed simultaneously with the Court tlie required Supplemental
Attorney Affirmation pursuant to the Administrative Order ofthe Chief Administrattve Judge of
the Courts AO/431/11 directing plaintiffs' counsel in residential Mortgage foreclosure actions
file a siqjplemental affirmation. A copy is annexed hereto as Exhibit "L".
15. On or about July 18,2013,youraffiimanl'sofficereccivcdnoticeofastatus
conference scheduled for August 1.2013. A copy ofthe status conference notice is annexed
hereto as Exhibit"M".

16. Upon mformation and belief, at a status conference on August 1,2013,the Hon.
Uwrence Knipel purported to dismiss this action without prejudice pursuant to CPLR 3215(c).
17. Due to an inadvertent error, a truncated version ofplaintiff's name was used when
the Summons and Complaint was filed. Plaintiff respectfully requests that the plaintiffs name
be amended,nuncpro lunc, to U.S. Bank National Association, as Trustee for Banc of America
Funding Corporation Mortgage Pass-Through Certificates, Series 2006-F and that the caption be
amended accordingly. Per CPLR 2001,"at any stage ofan action, including filing ofa...
Summons and Complaint... the Court may permit a mistake, omission, defect or irregularity...
to be corrected [or]... if a substantial right ofa party is not prejudiced, the mistake, omission,
defect or irregularity shall be disregarded..

THE COURT E'AE.ED TO COMPLY WITH REQUIRED

PREDICATES PRIOR TO DISMISSING THIS ACTION

18. The ryipellate Courts have lield that a court's power to dismiss a Complaint sua
sponte is to be used sparingly and only in extraordinary circumstances. VSBapk,NAv.
Fmtri^nnel 83 AD3d 1047,921 NYS2d 320(2d Dept 2011);HSBC Bank UgA,NA v. Tahei;,
104 A.D.3d 815,962 N.Y.S.2d 301 (2d Dept 2013).

19. Dismissal ofa Complaint for want ofprosecution is not warranted where the court
or a party seeking such rcliefdoes not make a written demand of plaintiff to resume prosecution.
V. Chenanco r.P.ntral School DisL.92 A.D.3d 1016,938 N.Y.S.2d 360(3d Dept

2012). A trial court's order directing plaintiff to file a Note ofissue is defective ifit does not
provide the requisite statutory notice as required by CPLR 3216(b)(3). Mil see also Bergou-sova
V. Long. 37 A.D.3d 645,830 N.Y.S.2d 330(2d Dept 2007);Klevanskaya v. Khanimova,21
A.D.3d 350,798 N.Y.S.2d 912(2d Dept 2005).
20. CPLR 3216 permits a coinl to dismiss an action for want of prosecution only after
the court or the defendant has served the plaintiff with a written notice demanding that the
plaintiffresume prosecution ofthe action and serve and file a Note ofissue within 90 days after
receipt ofthe demand,and also stating that the failure to comply with the demand will serve as
the basis for a motion to dismiss the action. "Since CPLR 3216 is a legislative creation and not part

of a court's inherent power, the failure to serve a written notice that conforms to the provisions of

CPLR 3216 is the failure of a condition precedent to dismissal of the action." Wasif v. Khan.82

A.D.3d 1084, 1085,919 N.Y.S.2d 203, 204 (2d Dept 2011)(internal citations omitted); sec also

Docteur v. Interfaith Medical Center. 90 A.D.3d 814,815,935 N.Y.S.2d 114(2d Dept 2011).

21. A matter will not be dismissed based on a claim of lack of prosecution unless the

party seeking such reliefcan affirmatively demonstrate that it served a written demand on plaintiff
pursuant to CPLR 3216. Metcalfv.Progressive Ins..33 Misc.3d 1223(A),943 N.Y.S.2d 792(Table)
(N.Y.Sup.2011). Moreover,"[i]n the absence ofa 90-day notice pursuant to CPLR 3216,restoring
a cu.se marked inactive is auti>ma(ic." Andre v. Bonetto Realty Corp.. ct al.,32 A.D.3d 973,975,822

N.Y.S.2d 292(2d Dept 2006); Transtechnologv Com, v. Board of Assessors ofCountv of Nassau.
21 Misc.3d 215,864 N.Y.S.2d 826(N.Y.Sup. 2008).

22. The conditions precedent to bringing a motion to dismiss for failure to prosecute

under CPLR 3216 must be complied with strictly." Frank L. Ciminelli Const. Co.. Inc. v.

City of Buffalo. 110 A.D.2d 1075,488 N.Y.S.2d 932,933(4th Dept 1985); Rauchwereer v. North

Shore University Host).. 18 Misc.3d 1105 (A), at *5, 856 N.Y.S.2d 26(Table)(N.Y.Sup. 2007).

One such condition is that the written demand for a Note ofissue be served by registered or certified

mail. Where there was a failure to serve by registered or certified mail, then the notice is

jurisdictionally defective, prejudicial, and cannot be deemed a mere procedural irregularity. See
Carlncci v. Carlucci. 140 A.D.2d 290, 527 N.Y.S.2d 540(2nd Dept 1988); S.C.E.F. Realty Corp.

v. DeVema. 175 A.D.2d 118, 571 N.Y.S.2d 813(2d Dept 1991) ("[TJhe demand for service of a
Note ofissue wasjurisdictionally defective, as it was not served by registered or certified mail
and service was not acknowledged, thus resulting in prejudice to a substantial right ofthe
plaintifli")* Jurisdiotionfll defects may not be disregarded by the Court. See Reed v.,State pf
New York. 147 A.D.2d 767,537 N.Y.S.2d 350(3d Dept 1989); Baggett v, gt^t? ofNew York,
124 A.D.2d 969,508 N.Y.S.2d 823(4th Dept 1986).
23. Your afSrmant's office is not in receipt ofa Notice pursuant to CPLR 3216. As
such,in the absence ofproofthat the Court sent such a notice via registered or certified mail,this
action must be restored to the calendar.

24. Furthermore, plaintiff is not in receipt or aware ofan Order dismissing this acfion.
25. Based on the foregoing, it is respectfully submitted that the Plaintiff has
operated in good faith and has not abandoned this action.
26. No previous application has been made for the reliefrequested herein.

WHEREFORE,it is respectfully requested

1. An Order to restore the action to tiie court's calendar as an active matter, and
2. An Order vacating the dismissal ofHon.Lawerence Knipe! dated Augustl,2013; and
3. An Order,pursuant to RPAPL 1321,appointing a referee to ascertain and compute the
amount due to the plaintiffin this action for principal and interest on the Note and Mortgage used
upon and set forth in the Complaint and for any other expenses plaintiffhas or will incur affecting
said premises and that said sums so paid or to be paid be added to the sum otherwise due to the
plaintiff; take proof and to examine the plaintiffor the agent ofthe plaintiff under oath as to any
payments which have been made if any defendant be deemed an infant or absentee;to ascertain
and compute the amount due to plaintiffin accordance with the Complaint herein and to examine
and report whether Mortgaged premises can be sold in one parcel; and that said referee make
his/her report with all convenient speed; and
4. An Order amending the caption excising defendants. Capital Resources Corporation
and the John Doc defendants; and

5. An Order amending,nwtc pro tune, plaintiffs name to U.S. Bank National

Association, as Trustee for Banc of America Funding Corporation Mortgage Pass-Through
Certificates, Series 2006-F,and amending the caption accordingly; and
6. An Order amending the Mortgage, nuncpro tune, by adding the legal description from
the deed; and

7. For the reliefdemanded in the Complaint; and

8. For such other and further relief as this court may deem just and proper.

Dated: Bay Shore,New York

January 27,2014

Kent O. Markgfm^
 SUPREME COURT OF THE STATE OF NliW YORK
COUN TV OF KINGS
-X Index No.: 25477/09
US Bank National Association, as trustee for Mortgage Pass-Tlirouglr
Certificates, Series 2006-F,
AFFIDAVIT OF
PlaintilT, SERVICE

-against-

Michael Krichevsky, Capital Resources Corporation, National City Bank, New

York City Environmental Control Board, New York City Parking Violations
Bureau, New York City Transit Adjudication Bureau and JOHN DOE (said
name being fictitious, it being the intention of plaintiffto designate any and all
occupants of premise being foreclosed herein,and any parties, corporations or
entities, if any, having or claiming an interest or lien upon the mortgaged
premises.).

Defendants.

STATE OF NEW YORK )

)ss:
COUNTY OF NEW YORK )

Sabrina L. Oscar, being duly sworn,deposes and says that 1 am over 18 years ofage. I am not a party to the action,
and I reside in New York County in the State of New York. On June 27,2014,1 served a true copy ofthe annexed
REPLY AFFIRMATION

by mailing the same in a sealed envelope, with postage prepaid thereon, in an official depository of the Federal
Express within the Stale of New York, addressed to the last known address of the addressee as indicated below:
Michael Krichevsky
Pro Se Delendant
89 Fairview Avenue
NY
York NY 10040 ,X .

Sabriina L. Oscar

Subs^ijbed and sworn to before m^his 271' day of June 2014.

Notary Public
PAMELA A. WEBSTER
Notary Public, State of New York
NO.01WE5072915
Qualified in Queens County
Commission Expires February 10, 2015

Our File No.: 01-051186-FOO

9/28/2017 New York Supreme Court Case Detail

Michael Krichevsky
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eDocket c?VVs tCti eCaiendar eCopy

SUPREME COURT
US BANK NATIONAL ASSOCIATION
KINGS COUNTY
V.

Index Number; 25477/2009
KRICHEVSKY, MICHAEL
Case Status: DISPOSED
ORIDElleCOPY |
Accoa'ances Woticns

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By MOTION, originally made returnable on NOVEMBER 04,

2015, A PARTY FOR PLAINTIFF MOVED THIS COURT, in
SUBSEQUENT MOTION PART, seeking the following relief:
Case Details
DISCONTINUE ACTION This motion was decided on JANUARY
Filings & Fees 06, 2016 by Judge BERT BUNYAN
Appearances
Motions The Judge's decision is set forth in A LONG FORM ORDER This
Attorneys
decision was presented to the County Clerk for entry and filing on
MARCH 24, 2016. Please note that this presentation date is NOT
Print This Page
THE DATE OF ENTRY. The Date of Entry, or filing date, by the
County Clerk appears on an actual stamped copy of the
decision/order Click -e' ^ an c:Copv.

Search Again According to court records, the motion was decided as follows:
As to the relief described as: DISCONTINUE ACTION, the motion
is GRANTED SETTLE ORDER ON NOTICE.

Complete Motion Appearance Activity;

On JANUARY 06, 2016, an appearance was held on this motion
before Judge BERT BUNYAN in MOTION TRIAL TERM 8 The
clerk marked the motion MOTION DECIDED-OPEN
APPEARANCE with the following additional comments: GSON,
Position: 85

On NOVEMBER 04, 2015, an appearance was held on this

motion before Judge BERT BUNYAN in SUBSEQUENT MOTION
PART The clerk marked the motion ADJOURNED', Position: 20

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 /*Ny /**\

STATE OF NEW YORK

SUPREME COURT COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE

FOR BANC OF AMERICA FUNDING CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-F,

Plaintiff,
AFFIRMATION OF
REGULARITY

MICHAEL KRICHEVSKY,NEW YORK STATE

DEPARTMENT OF TAXATION AND FINANCE, Index No.: 506127/2016
UNITED STATES OF AMERICA BY THE INTERNAL
REVENUE SERVICE,CITY OF NEW YORK PARKING
VIOLATIONS BUREAU,
and JOHN DOE,

Defendants.

Pursuant to CPLR 2106,and under penalty of peijury Victoria E. Munian, Esq., afiinns the
following:

1. AfGimant is an attorney with Woods Oviatt Gilman LLP the attorneys ofrecord for
the plaintiffin the above entitled action.

2. The complaint in this action was filed in the Office of the Clerk of the County of
Kings on April 1S,2016.

3. This action is brought to foreclose a mortgage executed by Michael Krichevsky,

dated December 14 2005 and recorded in the Office ofthe City Register ofthe City ofNew York on
December 21, 2005, CRFN 2005000701375. Said Mortgage was assigned by an Assignment of
Mortgage executed on August 25,2009 and recorded in the OflBce of the City Register of the City
of New York on October 19, 2009 in CRFN 2009000339958. A Corrective Assignment of
Mortgage was executed on August 29,2013 to correct the said Assignment recorded in the Office of
the City Register ofthe City ofNew York on October 19,2009 in CRFN 2009000339958 as relato
to the assignee. Said Corrective Assignment of Mortgage was recorded in the Office of the City
Register ofthe City ofNew York on September 17,2013 in CRFN 2013000380865.
4. On April 18, 2016 a notice of pendency was filed in the office of the Clerk of the
County of Kings and since the filing of the notice the complaint in this action has not been
amended.

{5115360:2)20160296
 5. Upon infonnation and belief, all of the defendants are of full age, none of the
defendwts are of unsound mind and none ofthe defendants, who have not appeared, are absentees.

6. More than twenty days have elapsed since the due service of the Sununons and
Complaint herein upon all of the defendants personally served and more than thirty days have
elaps^ since the due service of the summons and complaint herein upon all of the Defendants
served by means other than personal service as appears by the proofof service filed previously, and
attached. That the time ofthe Defendants to appear, answer or otherwise move, with respect to the
Complaint has not been extended,and that none ofthe Defendants have answered to the Complaint,
and none ofthem have appeared in action except Michael Krichevsky, which appeared pro se,and
is requesting service ofdl papers.

7. Plaintiff has complied with the provisions of RPAPL 1303 and 1320. As shown
on the Affidavits of Service on file in this action, the Defendants were served with a Summons
containing the notice required under RPAPL 1320 and with the separate notice required under
RPAPL 1303 on colored paper.

8. Plaintiff has complied with the provisions of RP.APL 1304 and 1306. Plaintiff
issued the required notice pursuant to RPAPL 1304 on December 22, 2015. Thereafter Plaintiff
made the requisite filing under RPAPL 1306 with the Superintendent ofBanks.

9. Plaintiff has complied with the provisions of CPLR 3408. As shown in the
Affirmation of CPLR 3408 Settlement Conference submitted herewith, the required conference
was held on this matter and this matter was thereafter released from the conference to permit the
Plaintififto proceed with this foreclosure action.

10. On December 16,2016,our office conducted a search with the Department of

Defense,Defense Manpower Data Center and confirmed that the Defendant Michael Krichevslq' is
not in any branch ofthe military service on active duty at the present time. Affiant lacks sufficient
information to determine whether the defendants Jane Doe,and Maria Tomkevych are in active military
service.. A copy ofthe filed Affidavit ofInvestigatorNon-Military Status is annexed
hereto. On May 23,2017 our office conducted an additional search with the Department of
Defense, Defense Manpower Data Center and confumed that the Defendant Michael Krichevsky is
not in any branch ofthe military service on active duty at the present time. Affiant lacks sufficient
information to determine whether the defendants Jane E)oe,and Maria Tomkevych are in active military
service. Said search results are annexed hereto.

11. That no previous application has been made for this or like relief.

12. Upon information and belief there are 2 tenants on the premises who would be
included undw the designation John Doe and as is shown on the attached affidavits of serMce the
actual names are Jane Doe and Maria Tomkevych.

13. Annexed hereto as exhibits are copies of the following documents, which exhibits
are specifically incorporated herein and made a part hereof:

{SI 15360:2)20160296
 /*\

A. Plaintiff AfiSdavit of Merit

a) RPAPL 1304 90 Day Pre-Foreclosure Notice
B. Affidavit ofPossession ofOriginal Note
C. Note
D. Mortgage and an Assignments thereof
. Notice ofDefault
F. Notice ofPendency
G. Summons and Complaint
H. Certificate of Merit
I. RPAPL 1303 Help for Homeowners Notice
J. Affidavits ofService
K. CPLR 3215 Affidavit of MaUing
L. Rejection ofAnswer
M. Filed Non-Military Affidavit and Search Results dated December 16, 2016 and
Additional Searches dated May 23,2017
N. Request for Judicial Intervention
0. SetUement Conference Release Order
P. Pooling and Servicing Agreement
Q. Power of Attorney

14. The undersigned affums that the foregoing statements are true, under the penalties of
perjury.

WHEREFORE,your affirmant prays for an order ofthis Court:

(a) Appointing a referee to determine the amount due and ascertain whether the
premises can be sold in parcels;

(b) Adding Jane Doe and Maria Tomkevych, as party defendants to this action in place
of"John Doe"and amending ofthe caption ofsaid action to reflect same;

(c) Deeming all non-appearing and non-answering Defendants in default;

(d) Such other and further reliefas the Court may deem Just and proper.

Dated:-May 31,2017

an,Esq.^
Vfaoria E. Munian.
Attorneysfor Plaintiff
Woods Oviatt Oilman LLP
700 Crossroads Building
2 State Street
Rochester,NY 14614
Tel.:(855)227-5072

(SI153602 )20160296
STATE OF NEW YORK
SUPREME COURT:COUNTY OF KINGS

U.S. BANK NATIONAL ASSOCIATION, AS

TRUSTEE FOR BANC OF AMERICA
FL^T)ING CORPORATION MORTGAGE
PASS-THROUGH CERTIFICATES,SERIES
2006-F,
AFFIDAVIT OF MAILING
Plaintiff,
INDEX 506127/2016
V.

MORTGAGED PREMISES:
MICHAEL KRICHBVSKY,NEW YORK STATE 4221 Atlantic Avenue a/k/a 4219-4221
DEPARTMENT OF TAXATION AND Atlantie Avenue
FINANCE.UNITED STATES OF AMERICA BY Brooklyn, NY 11224
THE INTERNAL REVENUE SERVICE,CITY
OF NEW YORK PARKING VIOLATIONS
BUREAU,
And JOHN DOE,

Defendants.

LJaawx 6n;lw. being duly sworn,deposes and says:

I am not a party to the aetion,am over 18 years ofage,and reside in Rochester, New
York.

On May :;i IMI. 1 served a copy ofthe Notice of Motion for Order of Reference
and all relating docunients to the above matter in a sealed envelope, with postage prepaid
thereon, in a post ofliee or depository ofthe United States Postal Service within the State ofNew
York, addressed to the last knovm address ofthe individuals as indicated below.

TO:

Michael Kiichevsky
4221 Atlantie Avenue a/k/a 4219-4221 Atlantic Avenue
Brooklyn, NY 11224

New York State Department of Taxation and Finance

W.A. Harriman State Campus
Albany,NY 12227
Beth P. Schwartz
271 Cadman Plaza East
Brooklyn,NY 11201

ISIIS39I )
City ofNew York Parking Violations Bureau
210 Joralemon Street, First Floor
Brooklyn, NY 11201

Jane Doe
4221 Atlantic Avenue,2nd Floor
Brooklyn,NY 11224

Maria Tomkevych
4221 Atlantic Avenue
Brooklyn. NY 11224

J/jn/Mfl M&j
Clerk

Sworn to before me this day of ,2017.

LAUREN M.VITO
'^lum
Notary Public
Notary Pidilicstale ol New York
Na01VI6332942

My Commission Bqn'rss November9,2oR

Re: Affidavit of Mailing of Motion for Order of Reference
WELLS FARGO BANK,N.A. vs. KRICHEVSKY,MICHAEL,et al.
Kings Co. Supreme Court U 506127/2016

{5115391;)