Riskin v Cumberbatch

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Riskin v Cumberbatch 2020 NY Slip Op 32335(U) July 10, 2020 Supreme Court, Kings County Docket Number: 504200/2020 Judge: Bruce M. Balter Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*[FILED: 1] KINGS COUNTY CLERK 07/13/2020] INDEX NO. 504200/2020 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/15/2020 At L.\S Pan 13 of the Supreme Court of lhe State of New York, Kings Cmmty, 320 Ji1y Srrcct, Hrooklyn. N~w York 11201, on the lOth day of July. 2020 PRESENT: Hon. BRUCE M. BALTER JUSTlCE OF THE SUPREME COURT SUPR F.ME COURT STATE OF NEW YORK COUNTY OF KINGS MAR TIN R[SKH\') GRACF. TURKlSHER a/kla GRACE RISKIN. and NEL-DEL REAL TY Index AS SOCIA TES~ LLC, ORDER AND JUDG~ENT ~o. 504200/2020 Pla int ijp;, -againstNiCOLE CUMBERHA TCH~ De(c ndm1t_ WHEREAS, by order dated February 4, 2.020 an inquest was urdered lo be held in fav~lr of plaintiffs Martin Risk.in. Grace Turkisheraik/aGrace Risk.in 1 and Nd-Del RealtyAswctates,LLC and against defendant Nicole Cumb~rbatch; and 1 Y.lHEREA S, due 1o the CO V ID- 19 cri.!i is a remote con ferenc c was schodu led by the Court and prcsld1.:d over by Hon. llru.;;e ~. Ba~ter on May 13, 2020, and attended by Ravi Batra, Esq. of The Law Finn of Ravi Batra, P.C as counscJ for theplaintiffs; and, Robert Rambadadt, Esq. of the Ra.mbadadr Law Office. as counsel for defcndantNicolc Cumberbatch. l he Court sc he.du Ied an inquest for June 17, 20 20; and, WHEREAS Justice Balter amended saiJ May 1J, 2020 ruling to delete an ''in person" inque5t and 1n its plt.u;e ordered a <•virtual" inque.\il, consistent with Chief Judge DiFiore and Chief AdministrativcJudge\farks' mandates resuhing from lhc COVID-l9 cri~is and the closure of the Courthouses. the parties were nolificd by the Court on June l 2, 2020. PJaintiffs uploaded inq ucst exhibits on JuntJ l 2, 20 20 and on June 15, 2020, and de fondant Nico le Cumberbatch uploaded cxh1bits on June 13, 2020. WHEREAS~ heard~ the p.artles aH had m:>tice of the inquest and w1..-re affur<lcd an opportunity ~o be and. Page l of 19 1 of 19 [*[FILED: 2] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 Wl lEREAS. on June 17, 2020, a remote inquest was held to completion in this action; and. WHEREAS. at the i nqucst the plaintiffs appeared sofeJy by Ravi Batra. Esq. of The Law Firm of Ravi Balm. P.C .• and defendant Nicole Cumberbatch appeared solely by Robert Rambadadt. Esq. of the Rambadadt Law Office~ and. WHEREAS, at the inquest the plaintiffs provided sworn admissible rcstimony of the unitedin-interest plaintiffs hy way of the sworn :;latcmcnt of Martin Riskin, pur$ua11t t~) 22 NYCRR 202.46(b), sworn to June 16. 2020, and a:-; s.pecifically authorized by th~ February 4, 2020 Order and Judgmc nl; antl, WHEREAS. by way of the sworn statement of Martin Riskin pursuan1 to 22 NYCRR 202.46(b), !>worn to June 16, 2020, Martin Riskin cslablished ex.pertilSc an<l nearly 70 years of ex.tensive experience in the fields of real estate management. development, andvaluation~ and, WHEREAS. at the inquest, the plaintiffs provided the sworn admissibte testimony of the way of the Verified Amended Pleading (NYSCEF Doc. 2, 52), which pleading was perwnally verified by each of the plaintiffs and serves as an affidav[t pursuant to C.P.LR. Rule l05(u); and. uniwd-in~imerest plaintiffs by WHEREAS. at the inquest the p]aintiffs offered the foHowing documents which were reuived in evidence and considered by lhc Coun: Inquc!lit Brief Description Ex. No. Pleading Exhibits l Bookmarked Amended Pleading served Scph.-:mbcr 14~ 20 l 7., with 68Ellhibils; lA Table of 68·ExhibiLS appended to the Amended Pleachng; lB Paginated Table of 68-Exhibits appended to the Amended Pleading; Property Tax and Wa.tt:r Payment Exh-;.;;.;ib;;;.;i;.;. ;t.o;'-"·(2;;;..0;;..;0;.;;5-'&;;.;;..;;2;.;o0-=2-=-0),___ _ _ _ _ __ 2 Associates Property Tax and Water Payrnen ts by plaint i IT Nel-Del Re.a 1t y LLC~ Page 2 of 19 2 of 19 [*[FILED; 3] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 3 NYC Depanmc nt of Finance ·•rax 1i en" sa ~e doc um enca ti on dated February 2020, concerning property taxes due w5'h respect to 764Nostrand Avenue. Brooklyn, New York. (a/k/a 844 Sterling Place. Brooklyn. New York); 4 Receipt for February l 4, 202 0 pa ymcnt of propcny laxes on beha If of plaintiffNel-Del Realty Associates. LLC, by Ravi Batra, Esq. 1 to stop tax lien sale~ Three Exh1bi ted Stipulations between the Panics s Stipulation between the parties to lhis action da led December 20. 2017 and related cmai Is; 6 Stipulation between the parties to this action daied January i2, 2018 providing for a condicional default and admissions by defendant Nicole Cuinberbatch, and an Inquest ('fi' 1, 4& 7); 7 Stipulation b~tw~~n the parties to this action dated January 25-26. 2018, whereby defendant Nicole Cumberbatch admincd each and every aHcgation in the plaintiffs' Verified Amended Pleading and consented to Judgment and lnquest (ml 1. 6. 7. l 0); Exhibited Orders of Hon. Karen B. Rothenberg, Juscice of rhe Supreme Coun, Entered June 29, 2018 and March 5, 2019, Leading to the Order and Judgment 8 Order of the Supreme Court, Kings County (Rothenberg, J.), entered June 29, 201 ~j wirh Notice of Entry, which amongst other things directed ent1y of a judgment against defendant Nicole Cumberbatch given ht..'"I January 25-26. 2018 stipulaled·lO a<lmissiuns, and an Inquest on damages~ 9 Order of the Supreme Coun. Kings County (Rothenberg. J.}. entered March 5. 20i9, w!1h Notice of Entry, which amongst other chings denied d cfcndant N icoJc Cumberbatch· s. motion to reargue the Order entered June 29 1 2018 ·after a transcribed argument of almost 4 hrs on January 24 ~ 2019 ~ Page 3 of i9 3 of 19 [*[FILED.: 4] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 Exhibits Conceming Defendant Nicole Cumberbatch Impersonating Plaintiff Ne I-Del Realty Associates, LLC 10 Documents related to dcfondant Nico Jc Cumberbatch impersonating plain ti ff Nd-Del Realty Associates LLC; ll Documencs related to defendant Nicole Cumberbatch causing the City of?\lcw York to change the mailing address in its records for plaintiff !'d-Dd Realty Associates, LLC to dcfondrmt Nicole Cumberbatch ~s auention at 764 ~ostrand Avenue, Brooklyn, New York (a/kla 844 Sterling Place, Brooklyn, New York); Exhibited Transcript or January 24, 2019 Oral Argument before Ju st ic c Rothenberg Undcrl ying Order Entered March 5. 2020 12 on January 24 ~ 2019; Transcript of oral argument before f Ion. Karen B. Rothenberg Exhibhed [mage!i of764 Nostrand Avenue, Brooklyn, New York (a/kla 844 Sterling Place. Brooklyn, New York) 13 lmagcsofand ncar764 NostrandA\fenue. Brooklyn. New York .a/kla 844 Sterling Place. Brooklyn. New York) 'aken on March 4, 2020; E:lhibiled Overview of Deposition Testimony in 2015 and 2016 by Defendant Nicole Cumberbatch 14 Nicole or Overview sworn deposition testimony by defendant Cumberbatch in 2015 and 20 i 6; and. \\1-:IEREAS. at the inquest the defendant offered the following documents, and over che objection of plaintiff Net·Del Realty Associates, LLC to de fondants [nquest Exhibit A and Inquest Exhibit D, which were all received incvidcnce and conf.idered by the Court: Brief Dcsc rlptio n Doc. No. Inquest Ex. No. 6:5 A Emails regarding dcfend ant Nk ole Cum berbalch •s re fu sa I to sett te and her cross-motion to dbmi:-;s, whkh was untimely and barred by ii l ()f the stipulation dated January 25-26. 2018; ~YSCEF Page 4 of 19 4 of 19 [*[FILED: 5] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 66 Putative deed, retying upon Referee Tafuri 's September 27, 2000 deed - itself void, ab initio - as it. intfN' cilia, recited the wrong mortgage held by Greenpo int (NYS CEF Doc. 52 [Inquest Exhibit 1] Ex. 37 Reel 2259/Pagcs 1432-143 8, pp. 754-760), not Riskin 's second mortgage actually foreclosed (NYSCEF Doc. 52 [Inquest Exhibi[ l] Ex. 37 Reel 2250/Pages3 34~33 7, pp. 748-7 51 }j and for which Orcenpoinl-mortgage Tafuri was not appointed '-' Referee to St:U, purporting to convey title to 764 Nostrand A venue. Brooklyn, New York (a/k/a 844 Stcding Place) Hrooklyn, New York) to ddendant Nicolc Cumberbatch (Id. at Red 5107/Pagcs. 1446-1449, pp. 780-783, recorded 3120/200 l )j which deed was cancdkd as void by the Order and Judgment dated February 4. 2020 (NYSCEF Doc. I)~ 67 c P111.ative mongagc on 764 Nostrand Avenue. Brooklyn. New York {a/k/a 844 Sterling Place. Brooklyn. New York}. (NYSCEF Doc. 52 [lnquesi Exhibit l] Ex. 37. Reel 5107/Pages 1450-1462. recorded 3/20/2001. Pp. 784-796). which the Order and Judgment <lated f"ebruary 4. 2020 (N YSCEF Doc. l) con finned was made without authority. to cloud litlc 10 the propcny. and v.·as cancelled: and. 68 D A pulative information only ti~lc search conceming 764 Nostrand Avenue. Brooklyn. New York. which title searc:h does no1 rcnccc lhe Order and Judgment da1ed Februaty4. 2020 cancelling any putative deeds to 764 Nostrand Avenue ReaI1yCorp. and NicolcCurnberbatch as void~ and. WHEREAS, p]aintiff Nel-Del Realty Associates, LLC offered and the Court accepted and considered a trial memorandum dated June 15, 2020~ and. WHEREAS, defendant N}cole Cumberbatch offered. and the Court accepted and considered Robert Ram badadt, Esq.' s correspond.en-cc dated June 16, 2020~ and, WHEREAS, plaintiff Nel·Del Realty Associates, LLC offered, and the Court accepted and considered Ravi Batra1 faq.'s. reply-~orrcspondenc.c dated JWle 16, 2020. and as amended, on June 16, 2020~ and, WHEREAS, plaintiff Nel-De] Realty Associates, LLC offered, and the Court accepted and considered correspondence dated June 17, 2020 regarding RP APL§ l 521 {I} .. to award posses:sion,'' in conjunction with the sixth claim against defendant Nicole Cumberbatch for RPAPL § 1521{1) indemnification {NYSCEF Doc. 78)~ and. Page 5 of l9 5 of 19 [*[FILED: 6] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 WHEREAS. at the inquest, based upon a review and consideration of the entirety of the record, plaintiff Ncl·Del Realty A:ssoc1.ates LLC has established its entitlement to the damages sought in the Verified Amended Pleading, which included valuation-facts that were admiucd by defend.ant Nicole Cumberbatch and such Cumberbatch-admissions. verified by defendant Nicole Cumberbatch 's attorney Rambadadt in the January 25-26, 20 J 8 stipulation{Inqucst Exhibit 7] ~ 1, 4-7, 10) with respoct to the Verified Amended Pleadjng served Scpccmbcrl4~ 2017 Llnquest Exhibit I]); WHEREAS, while none of the part ics~ aside from counsel appeared for the inq ucs. t, and, \VHEREAS, defendant Nicole Cumberbatch did not provide any evidence to rebut p]aintiff Nd-Dcl Really Associates, LLC' s proofo f damages, wh Ich dam ages and valuation-fact~ defendant N [colc Cumberbatch had already admitted to in 20 I fl by her two prior stipulation~ dated January 12, 2018 [Inquest Exhibit 6]) and January 25-26~ 2018 [lnqucstExhibit 71)~ and, WHEREAS, the instant action had been designated a third-party action in lhe rnancr cnlitkd el. at., Kings County Suprcm~ Court [ndex No. 15812/2001 and by Order and Judgment dated Fcbruary4, 2020 the instant action was severed from Singer.et. al. v. Riskin, et. al., Kings County Supreme Court lntlex No. 15812/2001. and was as.signed theabove captioned Index No. 504200/2020; and. Singer, et. al. v. Risk.in, WHEREAS, by the parties• January 25-26. 20 l 8 st ipula1 ion. defendant Nico le Cumberbatch acknowJedged that she affinnatively "admits all of the facrual aHegations made !n lhe Riskins' Verified Amended Pleading served Septem her l 4, 201 7, for all purposes, as 5f she had ti me ly and proper1y answered the Riskinl'i' Verified Amended Pleading by admitting all factual allegations." (NYSCEF Doc. 59 [[nquest Exhibit 7] "!! 1). and such .. global-admission" W35 verified by Cumbcrbtatch's allumey {Id.~ JO)~ and VlHEREAS, by way of the February 4. 2020 Order and Judgment, the Court effectuated Justice Rothenbcrg's. prior Orders entered June 29, 2018 [Inque.~t Exhibit 8]) and March 5, 2019 { {lnq uest Exhibit 9J) and dctcnn i ncd lha t Page6of 19 6 of 19 [*[FILED: 7] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 a. since December 22. 2000. defendant Ni co1e Cumberbatch does not now and has never had any right, tit le. or interest in 764 Nostrand Avenue~ Brook l)'Tl, New York (a/k/a 844 S~erling Place. Brooklyn. New York); b. plaintiff Nel·Del Reahy Associates LLC is the rightful owner of all right. t91lc, and in,erest in 764 Noslrand Avenuet Brooklynt New York {alk/a 844 Sterling Piace~ Brooklyn, New York); c. plaintiff ..Ncl-Dcl Realty Asaociatest LLC holds the vahd claim to title to the real property and improvcmen•s al 764 Nosrrand Avenue. Bmoklyn~ New York (aik/a 844 Slerling Place. Brooklyn. New York), in fo.e Slmplc absolute~ .. d. ..that any claim ofti1lc andior interest by Nicole Cumberbatch 10 the real property and i mprovc ments a1 764 Nostrand A vc nuc. Brook l)'ll, New York (aikla 844 Ster~ i ng P~acc, Brooklyn~ New York) has been adjudged invalid;"' e. ..ihat any claim of title and/or interesl by 764 Nostrand Avenue Realty Corp. to the real propcny anJ improvemcnls at 764 Nomand Avenue. Brooklyn. New York (a/kfa 844 Sterling Place. Brooklyn. New York) has been conceded by 764 Noscrand Avenue Realty Corp. co have been invalid and any such claim has been adjudged invalid;" f. .., hat Nicole Cumberbatch, her agencs. cmp loyccs. personnel. corporations. businesses. heirs. executors, adminislrators. insurers. successors and assigns be forever barred from asseriing any claim to an estate or imercsr in the real property and improvemen's ai 764 Noslrand Avenue. Brooklyn. Ncw York (a/k/a 844 Stcrl i ng Place. Brook Iyn. New York) contrary lo chat adjudged.. in the February 4, 2020 Order and Judgment (NYSCEF Doc. l )~ g. ·1hat 764 Nostrand A venue Reahy Corp.• its agents, employees. personnel, officers. dircc,ors. members, heirs, cxccu1ors, administrators, jnsurers, successors and assigns be forever barred from asserting any claim to an estate or interest in the real propcny and improvements at 764 Nostrand Avenue, Brooklyn, New York (alk/a 844 Sterling Place. Brooklyn. New York) contrary to that adjudged'' in the Order and Judgment dated February 4. 2020 (NYSCEF Do<:. l )~ h. ..that every person or cntily claiming under Nicole Cumberbatch any right or imercs' 1n the rca I propeny and improvcmcms at 764 Nostrand A venue, Brook Iyn. New York (a/k/a 844 Sterling Place. Brooklyn, New York) be forever barred from as.sen1ng such claim 'o an estate or i ntercst, Lhc invalidity of which is cscab Ii shed ..."; i. ·1hat every person or entity daiming under 764 Nomand A venue Realty Corp. any right or interes' in ~he real propeny and improvcmcms at 764 Nostrand Avenue. Brooklyn. New York (alk/a 844 Sterling Place. Brooklyn, New York), be forever barred from asser1ing such claim to an csLatc or interest. the invaUdity of which is established ... "; Page 7 of 19 7 of 19 [*[FILED: 8] KINGS COUNTY CLERK 07/13/2020] INDEX NO. 504200/2020 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/15/2020 j. "'that any conveyance, deed. mortgage. or other lien or encumbrance jnconsistent with lhc transfer of title to and owncrsh9p in fee simple absolute of the real propeny and jmp-rovemcms a•. 764 Nostrand Avenue. Brooklyn. New York (a/k/a 844 Stcrl ing Place, Brooklyn. Ncw York). first to Martin Riskin on December 22, 2000. and ! hen from Manin Riskin 10 Ncl-Del Realty Associates LLC, on December 22. 2000. is cancelled;" k. "1hal ihe Clerk of 'he County of Kings and the New York City Register for the Coun•y of Kings., Borough of Brooklyn. are authorized, dir«ted and mandated to cancel of record any conveyance. deed, mortgage. lien or other encumbrance or the rea I property and improvements at 764 Nostrand Avenue. Brooklyn, New York purponing to convey any title to 764 Nostrand Avenue. Brooklyn. New York (alk!a 844 Sterling Place, BrookJyn. New York), or encumber or lien 764 Nostrand Avenue. Brooklyn, New York (alk/a 844 Sterling Place, Brooklyn. New York} to or for 764 Noslrand Avenue Reahy Corp. and/or Nicole Cumberbatch, including, but nol necessary Jim i led lo: BnllPm Recontlm Bite s10711440 3120/2001 Putatjve Referee's Deed from Peter Tafuri. as Referee. to 764 Nostrand Avenue RcahyCorp. (all based upon a fraudulent "cut and paste" assignment of mortgage. wherein Singer's pu1ativc assignee. Olin Rcahy Corp .• was not yec even crc~tcd) [~nd {Referee Tafurfs September 27. 2000 deed was void ab in Wo - as it inter alia recited the wrong mortgage held by Greenpoint (NYSCEF Doc. 52 [Inquest Exh~bir 1] Ex. 37 "'Reel 2259/Pagcs ]432-l438. pp. 754~760). not Riskin• s second mortgage actually foreclosed (NYSCEF [Xx. 52 [[nqucst Exhibit 1) Ex. 37 Reel 22SO!Pages334~337. pp. 748-75]). and for which GrecnpoinHnortgagc Tafuri wu not appointed a Referee to Sell)] [matter in brach!ts added fol' clarity]. SL 0711446 31201200 I Pu,ative Deed from 764 Nostrand Avenue Rcahy Corp. to Nicole Cumberbatch; and, Sl07/1450 3120/2001 Putative Mortgage. and any Rc1aEed Note and/or Ridcr(s). Identifying Nicole Cumberbatch as Mor1gagor, and 764 Nostrand Avenue Realty Corp. as Mongagee~ Page 8 of 8 of 19 ~9 [*[FILED: 9] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 ·l it is ·•oRDERED that title to the real property and improvements at 764 Nostrand Avenue. Brooklyn. New York (a/k!a 844 Sterling Place. Brooklyn. New York} is vested in fee simple abs;olute to Ncl-Dd Realty Associates LLC;" and, WHEREAS. the predtcate for the Coun 's February 4. 2020 order, and damages. found at the June 17, 2020 inquest. resulting in this money judgment and RP APL§ 1521 ( l )award of indemni flcation costs and award of possession judgment results from defendant Nicole Cumberbatch having admitted. and the Court having found that: a. plaintiff Nel·Dd Realty Associales LLC ha~ been the rightful own-er of all right, title. and interest in 764 Nostrand Avenue. Brooklyn 1 New York (a/kfa 844 Sterhng Place, Brooklyn. New York) s[nce conveyance of a deed to it on December 22. 2000 by Manin Ril'ikin~ b plairiti ff Marlin Riskin was the righrfol owner of all right, title, and interest in 764 No.'ilrand A venue, Brooklyn. New York (a/Ida 844 Ste-ding Place. Brookl)'TI. New York) from not later 1han January 13, l 993 until he conveyed title to plaintiff Nel·Del Realty Associalcs LLC on December 22, 2000 ~ c. defendant Nicole Cumberbatch k.nowing1y engaged in a scheme to fraudulently and deceitfully obtain a putali vc deed lo {he real propcny and improvements at 764 Nos.lrand Avenue, Brooklyn. New York (a/k/a 844 S{crhng Place, Brooklyn, New York) from Ted Singer and bus i nc:sscs th at he o-v..·ned. including. but not hmi t cd to 764 ~ ostrand Aven uc Realty Corp., Jiffy Realty Corp .. and Olin Realty Corp. none of whom ever held any valid righc. title. or interest in the real property and lmprovcments al 764 Nostrand Avenui.:, Bruoklyn 1 New York (a/k/a 844 Sterling Place, Brooklyn. New York)~ d. a.s part of the scheme co fraudulcncly and deceitfully obtain a putati\-·c deetl to the real propct1y and improvements at 764 Nostrand A venue, Brooklyn, New York (a/k/a 844 Sterling Place, Brooklyn. New York). defendant Nico1e Cumberbacch admiucd that she: t. knew that on January 19, 1988, Martin Riskin invested monies on a first mortgage on 764 Nustrnnd Avenue. Brooklyn. New York property, then Owned by Ciro (a/k/a Jerry) Noccrino ·s corporation. 209- 2 l l RcaJty Corp. (NY SCEF Doc. 52 [lnq ucst Ex. l ]~ I P( l ). 1Z{ d),(3 7) at Reel 2162/Pagcs 2291 ~2394. pp. 744· 74 7)~ ii. knew that on July 7, 1988. by Ciro (a/kla Jerry) Nocerino sold 764 Nostrand Avenue) Brooklyn. New York, to George Henry. who wanted a fin;t mortgage from Green point and needed Marlin Riskin to go from holder of rhe first mortgage to holder of the second mortgag~. ''behind" Grccnpoint's first mortgage. which Martin Riskin did by issuing a satisfaction of the first mongagc and taking a second mongage. [lnqucst Exhibit 1] T'" 1G(B( I ).(8(2))1 P (2)--(5), l Z(d)-(c),90-95, Ex~. (37) at Reel 2250/Pages 334-337 pp. 748- 75C Rccl2259/Pages 1430· l 439, pp. 752-760, R~d 2259/Pages i 979~ 1980 pp. 761-762, (4 7) pp. 857 ·859); Page 9 of 19 9 of 19 [*[FILED: 10] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 m. knew that on November 15, l 989. George Henry executed a Modification Agreement with Martin Ri~kin to increase the amount of the mortgage anJ to give additional collateral, for a total of three properties: 764 Nostrand Avenue, 129 East 39~1i Street, and 7 Alice Coun, each in Brooklyn. l\'ew York, and r~itcd al,., l (a) of the modification that unpaid inten~sc had accrued v.:hich was being added to the principal owe<l lo Martin Risk.in. [ [nquest Exhibit\] Ex. 37 Reel 2.503/PaKt)S l337-U42~ pp 763-768}~ iv. knew that in 1990, Martin Riskin had attorney Jerald DcSoc1o commence a foredosurc action against George J knry, captioned as Ri.rkin. el. al. v. fie-my, et. al., assigned Kings Cotmcy Index Nu. 30885/l 990, where after a Jw1c 17, l 99 l Final Judgment of Foreclosure and Sale, al a forcdosure saJe court appotnted Referee Peter Tafuri sold the three properties to Martin Riskin, individually; [Inquest Ex. l JTf 1G(B2), l P(6), 1Q-S,1 U-V, l Y(f}-(g),2 (8), 14,80,96-97, 10l-102.110-111)160-166, Eu. 38,58) and post-sa1e, Riskin sold thc129 Ea.~t 39'~ Street property by assigning hi,'; bid to Hoosevclc Carrington. Claudette Carrington, andAnthony Fos.ccr, for which Referee Tafuri issued his deed on January J 3, 1993, and as to '764 Nostrand Avenue and 7 Ahcc Court, Referee Tafuri issued his deeds to Martin Riskin, a!> sworn to in ,. THIRD of the judkiaHy confirmed Referee's Report of Sale. [Inquest Ex. 1] JQ. l Z(f}-{g). Exs. 38.49,58)~ v. knew that in late 2000, James Mcrcaldo informed Marlin Risk[ri that Ted Singer, R!skin's property manager for 764 Nostrand A venue. was trying to steal Manin Riskin 1s title and sell it. [Inquest Exhib~I l} ~ 1V, 85, l 02); knew that on December 22, 2000, James Mercaldo gol a Rcfcree 1s Replacement Deed issued to Martin Risk.in, and Martin Riskin mm.~ forrcd title to Nd-Del Realty Associate.~. LLC chat same day, each recorded scqul.:"nl1ally on Dec.:: ember 27, 2000. [[nqucst Exhibit l niil JG(Il2), l P( 6H 7). 1Q· Y(f)-(g)j 2(8), ~ 4, 42. 80, 96~97, 101-103. 11 O~ ! l l .144. 158. vi. 163-167, 169-170~ Ex. 37, Reel 5038fPages 654-658, pp. 769-773): vii. knew that on July 25, 2000. Ted Singer obtained a:n Order lo Show Cause in Supreme Court, Kings County, in Riski'• 1·. Belirida. King.~ Cmmty Index N(~. 48555/1998, endorsed by fosticc Larry Marlin, which supporting papers by Singer contained an ahered "Exhibit E" (Header pp. Al 99-201) which was an 8-paragraph documcn{ when signed by Marlin Riskin and notari7-ed by anomcy Jerald DcSucio - but when submitted to the Court by Sol Mcrmel!>tein, on behalf ofTed Singer. as an cxhibi1 lo the Order lo Show Cause, che w~·p<iragraph "'8~ deleted, ex post facto. (NYSCEF Doc. 52 ([nquc.sc Exhibit 1] ft lG(Al. lG(2).(3). lL(bHc).,2{18). Exs. 14 pp. 331333 vs. Ex.s. 27, 2!'.l, and 29 with 1[ 8: ''8. This agreement shall become efft:cltvc 011 ly upon execution by all three (3) parties hcrclo", and Ex. 25 DeSocio's EBT testimony confirming the fraudulent~ 8 ex postjactu deletion by Singer and Mermd8lC}n); vtlL knew thal 2 days later, on July 27. :2000, Ted Singer. who ha"> no right, title. or interest in the real property and improvements al 764 Nostrand Avenue, HrookJyn. New York~ via his then attomey Sol Mennelstdn, sent his purported contract for sale, with riders. Page JO of 19 10 of 19 [*[FILED_: 11] KINGS COUNTY CLERK 07/13/2020] INDEX NO. 504200/2020 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/15/2020 to putatively selt fee simple absolute title to 764 Noslrand Avenue to Nicole Cumberbatch and her mother. Gloria Wilson, via one of his business entities, Jiffy Realty Corp. [lnquest Exhibit 1J mf lG(Bl), lU, IAB(l),(12H13), 77, 80, 101, 116. 118, 168, 184~ Ex~. SJ, 62,63); ix. knew that on Scptembel' 27 2000, Ted Singer. via his then attomey SoJ Mcnncl.stein ~formed a New York State corporation named 764 Nostrand A venue Really Corp., which Singer used to deceive auomey Jerald DeSocio into believing that this entity was a corporation owned by Mart\n Riskin, and had De-Socio get Referee Tafuri ro issue a rcp\accmcnt deed (in place of the lost/misplaced Refmec's Deed to Martin Riskin of January 13, 1993). v..·hich DcSocto got done by inadvertently. bul fortu[tously. c:reating an iucorrccc dee<l which recited the wrong Grcenpoint first mortgage [Inquest Exhibit 1] Ex. 37 Reel 2259/Pagesl432-l438. pp. 754· 760) as being foreclosed. and not Manin Riskin· s ~ond mortgage [lnq uesl Exh1 bi E l J Ex 37 Reel 225UfPages334-337, pp. 748-75 l) - and after Taruri'ssignature gave the deed to Ted Singer. {N YSCEF Doc. 52 ~ 1G(B2}, 1S, 1U, l3. 77. 10 l. l 06- l 28, 146, 153. l 6 l-193. Ex5. 37 ar Red 5 l07/Pagcsl440-1445, pp. 774-779, 56, 63); and. on February 26, 2003. anomey DeSm:io sem a letter to Judicial Headng Officer Luigi Marano hstjng the 764 Noscrand A venue property file as a ·~Riskin,, maUcr. {Id. at Ex. 45 at p. 84 7-848}; < knew that 011 IJcccm bcr 2 3, 199 8, a g!o bal sett lcmcnt had rn:~ um::d bet WC\.-'ll Tcd Singcr and Martin Riskin, wi lh the a j d oh.ttomey Jerald De Socio· s ·•good offices, .. and an Agrc\:mcnl was signed wherein Ted Singer agreed he owed Martin Riskin $724, l 38.00 in connedton to various propenies., indutling 764 Nostrand A'"·enue, Brooklyn, New York. and that upon paying Martin R [skin, Riskin would release two unrelated mortgage-assi gnmenLo; from escrow with DeSocio to Singer. ([nquesr Exhibir J] ?II l L(c)-(e},(g). 9. l 1. 40. 57-59, 61-62. 69; Exs. 30-31); x. xi. knew that on October 26, 2000, after several hours the putattve ..dosing'' between Jiffy Really Corp. co defendant Nicole Cumberbatch was "b~1sted" due to a break in the "chain ()f title,'' as identified by the title company in its report as no lit le was ever recurded to Jiffy Realty Corp. vr 764 No s.tran d Avenue Realty Corp. and that creating a new cont racl between 764 Nostrand A venue Realty Corp. as seller in place of Jiffy Realty did not pcnnit a successful cJosing, tha1 the dosing was never completed because of the break jn the •·chain of title'' was never remedied, tha1 there was never any rescheduling of the closing and th.al she never attended a rescheduled closing.[Jnqucst Exhibit 1] ~ JG(Bl HB2), 1K(c),1P(9}-(JO), 1U,l W. lZ( l ). lAA j lJJ, ~AB{6), 42* 77. 80, 117~ 131; Bxs. 5~~ 56-57~ 59·80~ 62-63); xii. knew that on May ] , 200 t. Tcd Singer commenced a lawsu ?t aga!n51. amongst others, Martin Risk.in (Singer, et. al. v. RiJkin. et. al., King::; County [ndcx No. 158 \ 21200 J) and by his personally verified complaint Singer affirmatively alleged, under oath, that Riskin "failed and refust:d to ~ssign·· to Singer the note and mortgage on 764 Nostrand Avenue, Brooklyn, New York [Inquest Exhibit 1J Ex. 2 -,i'l[ 36, 54 }. Page ll of 19 11 of 19 [*[FILED: 12] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 xrn. knew that on May 20, 2003, Ted Singer again sued, inter alia, Martin Riskin, and added Nicole Cumberb<nch as a defendant. in an action captioned Singer, e-t. at. v. Riskin, ct. at .• Kings Counly Index No. 18886/2003 [lnquest Exhibit I] Ex. 20), afterboth Ted Singer and Nicole Cumbcrbah:h have filed insurance claims with Fidelity Title ImuranceCompany, and Sjnger and Cumberbatch collectively collected $315,000.00 on their phony d.eed amlrnongag~ insurance claim-when the transaction never closed and neither ever had L~tlc. (Id. Ex. 43); xtv, knew that on February 6, 2008, Ted Singer commenced another <iction against Martin Ri1'lkln (Singer. et. Q/. v. Ri$kin. Kings County Index No. 3972/2008), wherein fort ht:! first ti rne Singer ex hi bhed an c:r post facto fob rica tcd, "cul and paste" instrument. purponed ly d<tted February 1, 1989, purporting to be an assignment ofa first mortgage ,when it is reaHy a second mortgage from George I lenry ro Martin Riskin purportedly being assigned to Singer's Olin Realty Cmp. [lnquest Exhibit 1] Ex. 42), when Olin Realty Corp. had not even been formed yet as il was created later. on March 3. 1989 {Id. Ex. 35 p. 716); and, that the lawsuit wa~dismissed by order of the Supreme Court. Kings County, Hon. Michael Ambrosio. dated June 22.2009 (Id. Ex. 6); "'"· knew that on July 20, 2009 1 Senior United States District Judge Frederic Block dismissed a federal lawsu1tcommcnccd by Ted Singer against Martin Riskin (Sir1ger v. Riskin, EDNY Case No. 07-CV·S036(FB)(RER)). where Singer was dcmonslratcd to have used altered documents and comm~Ucd pcrj ury. warning Singer that the District Court· s ca veals were ··sufficient to dissuade Singer from ancmpting 10 use lhc federal judiciary as a iool of harassment," and rcsulhng in Singer· s then anomey. R•clrnrd Tanncnbaum. from withdrawing as Si ngcr' s counsel. (1 nquest fa.hi bi1 I ] 1 I G( C 2). Ex. 12 )~ and, prcv i ously. then the late Chi er Bankruptcy Judge Conrad Duberstein lold Singer, in pertinent part: .. ] don't believe you. You can sue me. Here's the order..... (Id.~ 1G. I G(C2), I G(C2)(4), Ex. l 2 [Header p. A3S6]. p. 240,Ex. l S [Header p. A356]. p. 360)~ xvi. knew that che fraudulent February l. l989 assignment ofa morigagc had been crca•ed. ex post.facto, years after the 200 l lawsuit, Singer. et. al. v. Riskin, el. al., assigned Index Kings County Index. No. L5812/200 l, by •·cutting and pasting" documents [mqucsl Ex. l (42)] pp. 822·824) and thal the putative assignee. Olin Rcahy Corp .• had nm yet even been fonncd al the time of the fabricated assignment. as it was incorporaced on March 3.1 ~R9 [lnquest Ex. I (35)] p. 7 l 6); xvii. knew that such exposlfacto created deed was created with a putative deed that had blank jurat page. hut an "allonge"-acknowledgmcnl pages were added Inquest Exhibit l]~ 1G(B2), iP(9).{ I 0). 1U. lAA{ I ).42. 77. 101·I02, 106, 120-131. 171-193; Ex.37 al Reel 5 l07.:Pag~:s 1446·1449, pp. 780· 783) and that months faller the pulat[ve dcc<l w<ts i8su~d by 764 Nostrand Avenue Realty Corp., an entity with no right, title, or interest in the prcmjscs; Page l2 of 19 12 of 19 [*[FILED: 13] KINGS COUNTY CLERK 07/13/2020] NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 e. as part of her scheme to fraudulently and deccitfolly a(;quire and continue to maintain the color oftitlc to the real property and 1mprovemcrits at 764 Nostrand Avenue, Brooklyn, New York {alk/a 844 Srcrhng Place, Brooklyn, New York), defendant Nicole Cumberbatch: i. caused and perm ined a pucati ve deed to the real property and improvements at 764 Nostrand Avenue, Brooklyn. New York (a/kia 844 Sterling Place, Brooklyn, New York) from 764 Nostrand Avenue Realiy Corp., to be recorded with the New York City Register, while knowing that such deeds ju rat was issued by an entity with no right, {iCle, or interest in the premises; ii. ca u~ed and pcrmi Ucd a putative deed to the real property and improvements at 764 Nostrand A venue, Brooklyn. New York (a/k/a 844 Sterling Place, Brook1)1l, ~ew York) from 764 Nostrand Avenue Rcahy Corp., to be recorded with 1hc New York City Register. while knowing ~hat no right, tide. or inlcrcst in the premsses was 1;onvcy00 by the pucativc deed to Nicole Cumberbatch; ca-1.L.:;ed and p.ennitted a putative deed to the real property and improvements at 764 Nostrand Avenue, Brooklyn, New York {aik/a 844 Sterling Place, Brooklyn, New York) from 764 Nostrand Avenue R~alty Corp., to be recorded with the New York City Register, knowing that such invalid deed was an improper cloud on plaintiff Nd-Del Realty Associates LLC 's rightful title, and this judgment results from such conduct; m. iv. caused and pennitted a putati\"e mongage on 1he real property and improvcmenls at 764 Nostrand A venue. Brooklyn, New York (alk/a 844 Sterling Place, Brooklyn, New York) from 764 Nnmand Avenue Really Corp .. to be recorded with the New York City Rcgi-.ter, while knowing that she had no right or title to collateralize the premises. and chis judgment res uIts from such conduc lt v. caused and pem1itted a putat ivc mortgage on the real property and improvements at 764 Nostrand A venut\ Brooklyn, New York (a/k/a 844 Sterling Place, Brooklyn, New York) frnm 7M Nostrand Avenue Realty Corp., to be recorded w1th the Nev.' York City Register, while knowing that such putative mortgage was an improper cloud on pJaintiffNcl-Del Realty Ass.ociaces LLC s rightful tit le. and lh is judgmen1 rcsu Its from such conducl; vi. ca.used and pcnnittcd false documentation to be submitted co government authorities, including agencies of the City of New Yark, to provide the false impres:.;;:ion thm she was a representative of and was acting for and on behalf of plaintiff Nel-Del Realty Aswciate,~, LLC, and thi~ judgment results from .such conduct; caused am.1 permined false documentation and representations to be IUbmittedto government authoritics, 1nclud1ng agencies. of the City of New York. to cause the City ofNew York to change the address ofrecord for plaintiff Ne1-De1 Realty Associates, LLC from i(s vii. Page 13 of 19 13 of 19 [*[FILED: 14] KINGS COUNTY CLERK 07/13/2020] 0 NYSCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 correct address to the attention of defendant Nicole Cumberbatch, at 764 Nostrand A venue, Brooklyn~ Ncw Yor~ and th is judgment resuhs from such conduct; f. in order to protect its interest!; in the real property and improvements at 764 Nostrand Avenue, Brookl)'TI, New York (a/k/a 844 Sterling Pla~1:. Brooklyn. New York}, Nel-Del Realty LLC has calL"ed property laxes and warcr charges associated with the property to be pa id, and this judgment results from such payment-failur~s by defendant Nicole Cumberbatch requiring payment by plaintiff Ne I-Del Realty A!>sociaccs, LLC; defendant Nicole Cumberbatch obtain1."d the property of p1atntiff Nd-Del Rca]ty Associates, LLC at 764 Nostrand Avenue. Brooklyn, New York (a/kla 844 Sterling Place, Brooklyn, New York) by (a) false pretense; (b) false represenrations; and, (c) actual fraud, and this judgment results from such conduct; and. g. h. defendant Nicole Curnberbalch obtatncd lhc property of plaintiff Nel-Del Realty Assof.::iatcs, LLC, to which plain{iffNel-Dcl Realty Associates, LLC has consistently had a va1id right. through larceny and this judgment results from such conduct~ and, i. dcfendanr Nicole Cumberbatch willfully and maliciously injured plaintiff Nel-Del Realty Associarcs, LLC and the property of p1aintiff Nel-Dd Realty Associates. LLC, and this judgment results from such conduct~ and. j. defendant Nicole Cumberbatch, individually. and by way of a restaurant business she O"'TIS, contro Is. an<l operates as a so Ie~propri ctorship. doing business as ( t) Gloria• s~ (ii) Gloria 1s Caribbean Cuisine; (iii} Gloriats In & Out III; (iv) Gloria's.# 3; (v) other derivations of the name "GI ori a' s"; and. (vi) Ni co le Cum bcrbateh. alk/ a Ni colc W. Cum be rba tdi, a/k/ a Nico Ie W. Cwnberbatch·Cox, a/k/a NicoJe W. Cumberbatch Cox: i. since December 22. 2000, has been continuously, knowingly, and wrongfuUy trespassing upon and within the real property and improvements owned by Nel-Dd Really Associates LLC at 764 No~trand A venue. Brooklyn, New York (aik/a 844 Stcrl ing Place, Brooklyn. New York). antl lhis judgment results from such c-ond uct; ii. remains in unlawful possession of 764 Noscrnnd Avenue, Brooklyn. New York (alkla 844 Sterling Placc 1 Brookl}ll. New York), and this judgment resuhs from such conduc'~ m. has never paid any of the plainriffs any consideration or monies for using and occupying 764 No'>trand A venue, Brookl}Tl, New York (a/k/a 844 Sterling Place, Brookl )'Tl, New York). and th is judgment resu 11s from such conduct; Page l4 of 19 14 of 19 [*[FILED: 15] KINGS COUNTY CLERK 07/13/2020] N~SCEF DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 iv. has never had permission or authority ro enter, remain, use, or occupy 764 Nostrand Avenue, Brooklyn, New York (a/k/a M4 Sterhng Placcj Brooklyn. New York). and this judgment results from such conduct~ v. have not paid, or caused to be pa;d. any of the properly taxes and water charges associated with the real property and improvements, since taking possession of 764 Nostrand A vc m1c. Brook 1)'Tl, Ncw York (aJkJ a 844 Sterling Pl ace, Brooklyn, New York). and this judgment results from such conduct~ k. Nicole Cumbnbatch's actions had a high degree of moral cuipability which manifested a conscious dis regard of lhe rights of the plaintiffs, including plaintiff Nc I~ De I Realty Associates, LLC; and, WHEREAS, the Court finds that plaintiffNd~Dd Rcahy A~snciatcs, LLC, in or<lcr to further protect its interest~ in the real property and improvements at 764 Nmarand Avenue, Brooklyn, New York (a/k/a 844 Sh:rling Place, Bmoklyn, New York), and to prevent a tax lien foreclosure by the City of ~ew York. Ne1-Dcl Really. LLC caused proper1)' taxes associalcd with the property to be paid as recent Iy alS February 14, 2020, and th1s judgment resu]ts from such conduct~ and now. le is OR DE RED AND ADJUDGED that: 1. Pursuant to RPAPL 1521(1), full and exclusive possession of the real property and improvements al 764 Nostrand A\'enuc. Brooklyn, New York (alk.la 844 Sterling Place. Brooklyn. New York) is hereby awarded, forthwith, to plaintiff Nel-De I Realty Associates LLC. without !Imitation and for all purpose~~ Ui ven de femlan t Cumberba lch' s anorn ey Rubert Ram badadt' s repres en lat ion during the inqu~s.t that defendant Cumberbatch cannot pay the damages admitted to by her, defendant Nicole Cumberbatch {alk/a Ntcolc W. Cumberbatch, a/k./a Nicole W. Cumberbatch·Cox, a/k/a ~ icok W. Cu mberhatch Cox) is Ordered and Di rccted to not remove. damage, waste. destroy the real prorcny anJ irnprovcmcntf. at 764 !'ostrand A v~'Jluc, Brooklyn, New York (a/kla H44 Sterling Place, Brooklyn, New York) and aU chattel!>, fixtt1res, busine~~ and per1-ional items, itemi; {)Wncd by Nicole Cumberbatch or by her business entitic~, located at or within at 764 Nostrand Avenue, Brooklyn, New York (a!k/a 844 Sterling Place. Brooklyn. New York) and at any other place. and olher real property and improvements owned by Nicole Cumberbatch. including, but in no way limited to 1553 Eastern Parkway. Brooklyn. New York 11233.ascestificdtobyNicolcCumberbatch and included in the pleading she admined to [lnqucst Exhibit l(67) pp. l020-1024];, to be seized and auctioned by the New York City Sheriff and/or New York City Man;hal in furthernncc of the 5a tis. faction of this j u<lgmen t, as we lI as the f ebruary 4, 2020 Order and Judgmem, for money damages in ihe amounl of $1, 750.00.; 2. Page 15 of 19 15 of 19 [*[FILED: 16] KINGS COUNTY CLERK 07/13/2020] NYSCEF .DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 3. Defendant Nioolc Cumberbatch ( a/k/a Nicole: W. Cumberbatch, a/k/a Nico le W. Cumberbacch-Cox.. a/k/a Nicole W. Cumberbatch Cox), and any ofhcr bu5incsses opera(ing at 764 Nostrand Avenue, Brooklyn, New York (alk/a 844 Sterling Place, Brooklyn. New York). including Cumbcrbat~h 's restaurant doing business as {i) Gloria· s~ (ii} Gloria's Caribbean Cuisine; ti ii) Gloria's In & Oul lit (iv} Gloria's # J; {v) any derivation with the name "Gloria·s"; and, (vi) Nicole Cumberbalch, alk/a Nicole W. Cumberbatch, a.ikla Nico1e W. Cumberbatch~Cox, a/k/a NicoJe W. Cumberbatch Cox is and are Ordered and Directed to immediately vacate the premises at 764 Nostrand Avenue, Brooklyn, New York (a!k/a 844 Sterling Place. Brooklyn. New York). but not later than 15 days after service of r..:oth::c of Encry of the Order and Judgmcni on Robert Kambadadt. &q. via NYSCEF; and~ a. Immediately nfter timely and complete vacatur of the premises, defendant Cumbcrbati:h or via her attorney Robert Rambadadt. Esq., is directed to immediately send all keys co a11 locks <1 l the rca1property and i mprovcments at 764 Nosuand Avenue, Brooklyn. New York. without ma1ntaining duplicates of same, via overnight delivery service with tracking, to The Law Firm of Ravi Batra, P.C., The Batra Building, 142 Lexington Avenue, New York, NY 10016. and m additionally send an affidavit, or affirmation. respectively. to Ravi Ba1ra, Esq., confirming Che departure withou{ forcible ejection. and mailing all of the keys. v.·ith identification of the tracking number, 10 be imrnedialcJy and conlcmporaneously filed via NYSCEF by on behalf of deft.."1ldant Cumberbutch; 4. The Sheri ff of the City of New York, or any New York C il y Marshal. orthetr authorized agents, arc authorized, di rccted, and ordered lO put Nel-Del Rea Ity Associates. LLC in exclusive posses!:>ion ofthe real prop~rty and improvements at 764 Noscrand Avenue, Brooklyn, New York (alk/a 844 Sterling Place. Brooklyn., New York) and accordingly. a. if dt:fcndam Nk:olc Cumberbatch (afk/a Nicole W. Cwnberbatch. a/kla Nicote W. Cumberbatch·Cox, a/k/a Nicole W. Cumberbatch Cox) and al? those present or iI1 possession have not vacated within 30 days of service of the Notice of Entry of this Order and Judgment fikd via NYSCEF. along with an attorney affirmation to that effect issued by The Law Firm of Ravi Batra. P.C.. as attorneys for pJainciff Nel-Dcl Realty Associates, LLC. filed via NYSCEF, the Sheriff of the City of New York, or any New York City Marsha], or their authorized agents are directed to forcibly remove: i. defendant Nicole Cumberbatch {a/k.ia Nicole W. Cumberbatch. a/k/a NicoJc W. Cumberbatch-Cox. alk/a Nico]e W. Cumberbatch Cox)~ ii. the per~onnel of any business entity owned by Nicole Cumberbatch. aJk!a Nicole W. Cumberbatch, a/k/a Nicole W. Cumberbatch-Cox, a/k/a Nicole W. Cumberbatch Cox operating at 764 Nostrand Avenue {including her restaurant doing business as {H Gloria's~ (i9) Gloria's CarihbeJTI Cuisine; (iii) Gloria 1.s In & Out 111; (iv} Glcria 's # 3; (v) any other t.h:ri vation or the name .. Gloria's''; and. (v) Nicol~ Cumbcrbalch, a/k/a Nic<)k: W. Cumberbatch, a/k./a Nicole W. Cumberbatch-Cox. alkla Nicole W. Cumberbatch Cox), including, but not limited to, Wayne Cox~ Page 16 of 19 16 of 19 [*[FILED: 17] KINGS COUNTY CLERK 07/13/2020] NYSCEF-DOC. NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 m. any other persons, or busine~~es. present and/or occupying any parl or por1ton of the rea' property and improvements ~ocatcd at 764- Noscrand Avenue, Brooklyn, New York~ 5. Tili: Sheriff of the City of New York, or any New York City Marshal, or their author•zed agents are directed lo seize; a. the fixtures, personal, and business property located at 764 No-strand Avenue, Brooklyn, Nev.· York. o~'Ticd by Nicole Cumberbatch (a/k;a Nicole W_ Cumberbatch. a/k.:a l'\icole W. Cumbcrbatch·Cox, a/k/a Nico]e W. Cumberbatch Cox) and/or her sole-proprietorship restaurant doing business at 764 No.strand Avenue, Brooklyn New York, doing brnsincss as {i) Gloria's~ (ii) GJorta's Caribbean Cuisine~ (i}i) Gloria's In & Out ill~ (iv) Gloria's# 3; (v) any derivation of the name "Groria's•·; and, (vi) Nicole Cumberbatch, a/k/a Nicole W. Cumberbatch~ a/le/a Nicole W. Cumberbatch-Cox.. a/k/a Nicole W. Cumberbatch Coxi b. personal propi::rty ofNicote Cumberbatch (a/k/a Nicole W. Cumberbalch, a/k/a Nicole W. Cumberbatch-Cox, a/k/a Nicole W. Cumberbarch Cox). ofwhatever kind, including, but in no way limited to, motur vehicle~. bank accounts, .~~fe deposit box contents, stocks, bonds, securities, investments, po lldcs of insurance., jewelry. of wha~cver kind, wherever Iocated, ind uding lhat !oca<cd at 1553 Eastern Parkway. Brooklyn, New York 11223 [Block 1468, Lot 30] and 609 Bradford Streetj Brooklyn, New York l 1207 [Block 382 7, Lot 1}; c. real property owned. in whole or in pan, by Nicole Cumberbatch (a/k/a Nicole W. Curnberbacch, a/k/a Nicole W. CumberbatchTCox, a/kia Nicole W. Cumberbarcn Cox) including, but in no way limited to 1553 Eastern Parkway, Brooklyn, New York J1223 [Bloi:k 1468, Loc 3oV 6. Defendant Nkole Cumberbatch (a/kJa Nicole W. Cumberbatch. a/k/a Nicole W_ Curnberbatch...Cox, a/k/a Nicole W. Cumberbatch Cox) is Ordered and Directed lo not sell, transfer, or encumber ti rIe to any real or personal propeny that may be used lo satisfy th is judgmcm; 7. The Sheriff of the City of New York, or any New York City Marsha], or tht:lr authorized agents are authorized, dirccced, and ordered lo put p1atnti ff NeJ-Dcl Realty Associates LLC in exclusive possession of the real property and improvements located at 764 Nostrand A venue, Brooklyn. New York (a/k/a 844 Sterling Place, Brooklyn, New York). 1 As reflcc led in the Bargain and Sale dc-cd from Ncw Zion Church of God in Christ, Jnc. to Nico le W_Cumberbatch, dated March 4, 1991, rew-rded with the New York Ci ly Regisler on March 22, 1991, at Reel 2679!Pages 1632· 1633; and the subsequent Quitclaim deed from Nicole W. Cumberbatch a/kia Nicole W. Cumberbatch Cox to Nicole W. Cumberbatch Cox., date<l May 20 1 2008. recorded wilh the New York City Register on June 9, 2008, assignedCRFN 2008000230039, Doc umcn t [d: 200805 29008 3600 l . Page 17 of 19 17 of 19 [*[FILED: 18] KINGS COUNTY CLERK 07/13/2020] N~SCEF DOC. 0 NO. 87 INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 8. That plaintiff Ncl~Del Realty Associates. LlC, c/o Ravi Bacra, Esq .. The Law Firm of Ravi Batra, Esq., The Batra Building, 142 Lcxjngton Avenue, New York, NY 10016, (212) 5451993, ravi@ravibacraiaw.com, has established its entitlement to and shalJ recover cf defendanc Nicole Cumberbatch. of 609 Brudford Street. Brooklyn, NY 1 l 207 {also as owner of 1553 Eastern Parkway, Brooklyn. New York l 1233), money damages in the amount of i. $7.500,000.00 on the first crnss·claim for Fraud and Deceit by defendant Nicole Cumberbatch (NYSCEF Doc. 52 [Inquest Ex. l] pp. 49, 71 ~ NYSCEF Doc. 2 pp. 49, 71 ); ii. $10,000,000.00 on the fourth cross-claim for Trespass by defendant Nicole Cumberbatch. representing $500,000.00 per year since December 22. 2000, when Nd-Del ReaJty Associates LLC received title (NYSCEF Doc. 52 [Inquest Ex. l] pp. 62, 72; $40~132.30 on lhc sixth cross-claim for indemnlfication for damages resulting from defendant Nicole Cumberbatch·~ withhold[ng of the prope1iy from pJaintiff Ncl-De~ Realty Associates LLC, as au{horized by RPAPL § 1521 (I). comprised of property taxes and water charges that plaimiffs estabhshe.d were OU1·of-pocket payments on behalf o(Nel·Del Realcy Associates LLC. as Cumberbatch had paid nothing co New York City for real estate taxes for 20 years and exposed 111. the property to Nd-Del Rcahy Associates to luss of ics propcn)· in February 2020 lo tax lien foreclosure (NYSCEF Doc. 52 [Inquest Ex. l] pp. 69, 72;); LV. the Coun has declined w award punitive damages. for a total of SI 7,540~132.00 (seventeen million five hundred fony thousand one hundred thirty nvo dollar.~}. and_illaint~ff :--.Jcl-Dcl Rca~ty A~.~~1cia<es, LLC shall recover that of defendant Nico?e Cumberbatch and have cxeclltion for that amount; along with prc-,tudgment interest in the statutory amount of 9% per mmum to be computed from December 22, 2000 for the cros.~-claims sounding in Fraud and Deceit and T res.pass. and $0 on the cross·claim sounding in indemni fica1 ion pursuant to RP APL § l 521 ( 1) asp lainti ffs have waived pre-judgment ~meres1 only as to thal da i m. for a tota] principle amount for computat1<.m of pre-judgment interest being S! 7,500.000.00 ($7.SQU,000.00 + 10,000,000.00 t S40, 132 .30 ~ $17,540, 132.30). a per amwm pre-judgment ~nd post judgment interest in the amount of S 1,578,61 I. 88 for a total interest in the amount of $31,572,237.60, for a total judgment in the amount of $49t 112t369.90. Post-judgment Lntere.sl in lhe starutory amount of 9% per anmmt on the em ire judgment computed from cmry of the iudgmem anJ to run umH the t!nt ire j udgmem is paid and satisfied in fu It Page lH of 19 18 of 19 [*[FILED: 19] KINGS COUNTY CLERK 07/13/2020] INDEX NO. 504200/2020 RECEIVED NYSCEF: 07/15/2020 rYSCEF DOC. NO. 87 9. The plaintiff has waived costs and disbursements putsuanr to C. PLR. §§ 8201, 8301. and 8302, as are lypicaHy taxed and added to the judgment by th<: County Clerk by way of u Bill of Costs. i 0. Thal the Court expressly reserves the right and jurisdiction over the parties, upon notice to fhe artorneys for 1hc panies who have appeared in this action. to add to this judgment such fun her provisions and dfrecl ions as it may deem proper or necessary to carry out the provisions of lhis judgment and to completely establish the valid~ty of plaintitTNel-Dcl Realty Associates, LLC's ritlc to the premises. real property and improvement~ at 764 Nostrand A venue. Brooklyn, New York (a/k/a 844 Sterling Place) Hn.mklyn) New York) and the exclusive pos.~cssion in plaintiff Ncl·Del Re<ilty Associates, LLC'.s of and at chc premises at 764 Nosnand Avenue, Brooklyn~ New York (a/k/a 844 Sterling Place, Brooklyn, New York): and, it is further, ORDERED that the CJcrk oflhe Coun is directed to enter this Order as a Judgmenc in favor ofNel-Del ReaJty Associates, LLC. c/o Ra. vi Balra, Esq., The Law F9nn of Ravi Barra, Esq .• The Batra Building. 142 Lexington Avenue, ~ew York, NY l0016. (212) 545-1993, ravi@ravibacralaw.com and againsc Nicole Cumberbatch, a/k/a Nicole W. Clunberbatch, a/k/a Nicole W. Cumberbatch·Cox.. a/k/a Nicole V-./. Cumberbatch Cox of 609 Bradford Street, Brooklyn. NYl l207 (also as nwncr of l553 Eastern Parkwayj Brooklyn, New York l l 233). forthwith . ENTER FORTHWITH: ~·-~ ~ ;•" Hon. BRLJCE M. BALTER ~A JUSTrCE OF THE SUPREME COURfP"- - ..,, ~ ~ = = % c- .-.~ ~· ~ ..,.,c -c:· ~ ~ ;:C'li' r-' ~~ i..... ~~·: -·· ..... ~ t'V ' ~·(" ~ - ~ ~ c._ ~ 1-r' ;.~ ·.• ~ z. 0 VI C-.• r:: ··' -~-:(.~ -c:. i--~ ....... L,,. ·. ~. -~~ ::;:: er-. Ul Page 19 of 19 19 of 19 C:'ft .... .. ~ ~ I - j'' -:'"·":'!'

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