Non-Marital Trust Under Art. VI of Melvin Last Revocable Trust U/A/D July 2, 2007 v A Class Realty
Annotate this Case
Download PDF
Non-Marital Trust Under Art. VI of Melvin Last Revocable Trust U/A/D July 2, 2007 v A Class Realty 2022 NY Slip Op 31112(U) February 28, 2022 Supreme Court, Queens County Docket Number: Index No. 701661/19 Judge: Allan B. Weiss 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. INDEX NO. 701661/2019 FILED: QUEENS COUNTY CLERK 02/28/2022 03:08 PM NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 02/28/2022 Order Form Order Short Form - QUEENS NEW YORK QUEENS COUNTY COUNTY COURT SUPREME COURT YORK SUPREME WEISS B. WEISS ALLAN B. Present: HONORABLE HONORABLE ALLAN Justice Justice ARTICLE VI OF NON~MARITAL UNDER ARTICLE TRUST UNDER NON~MARITAL TRUST U/A/D MELVIN LAST REVOCABLE TRUST U/A/D TRUST MELVIN LAST REVOCABLE TRUSTEE, JULY 2, 2007, CAROL LAST, TRUSTEE, 2, 2~07, CAROL lAS IAS Part 2 Index No. Index No. 701661/19 701661/19 Motion 10/27/21 Motion Date: 10/27/21 Motion Motion Seq. No. 2 Plaintiff, Plaintiff, -against-against- FILED CLASS REALTY A CLASS /a A A a/k/a REALTY REALTY a/k CLASS REALTY A CLASS INT., REALTY INT., INTERNATIONAL CLASS REALTY A/K/A CLASS INTERNATIONAL A/K/A ANTHOANE CORP., ANTONIO MAZZARA, ANTHOANE ANTONIO MAZZARA, PERALTA, Defendants. Defendants. 2/28/2022 3 :05 PM COUNTY CLERK QUEENS COUNTY motion by read on this motion were read following numbered papers were numbered papers The following (moving Peralta defendants Antonio Mazzara and Anthoane Peralta (moving Anthoane and Mazzara def ~ndants Antonio vacate to vacate defendants) (a) (1) (1) seeking seeking to 5015 (a) CPLR 5015 pursuant to CPLR defendants) pursuant January dated January judgment dated an order and judgment 2020 and December 21, 2020 dated December order dated an summary them granting order 5,2021, and upon vacatur, order granting them summary an vacatur, upon and 5, 2021, by motion by judgment, CPLR 3212; and cross cross motion 3212; and pursuant to CPLR judgment, pursuant judgment and judgment caption and plaintiff seeking an amendment amendment of the the caption of plaintiff seeking Antonino as known also is to reflect that Antonio Mazzara also known Antonino Mazzara Antonio that to reflect Mazzara. Mazzara. Papers Papers Numbered Numbered Notice Notice of Notice of Notice of Answering Answering Motion Exhibits . . . . . . . . - Exhibits Affidavits - Affidavits Motion - Exhibits Cross Motion Exhibits .. .. Affidavits - Affidavits Motion Cross . . . . . . . . . . . . . . . Affidavits Exhibits . . Exhibits Affidavits 52-70 52-70 71-91 71-91 92-93 92-93 motion and Upon the foregoing foregoing papers ordered that the motion papers it is ordered Upon the determined as follows: motion are determined cross motion unpaid rent recover unpaid Plaintiff action to recover commenced this action Plaintiff commenced known as 30-77 premises known pursuant commercial lease 30-77 lease for premises pursuant to aa commercial lease agreement Steinway Street, Astoria, agreement was Astoria, New York. The lease Steinway A (LC) and A Realty Co. between agent LC Realty Co. (LC) management agent plaintiff's management between plaintiff's 1 of 5 [* 1] FILED: QUEENS COUNTY CLERK 02/28/2022 03:08 PM NYSCEF DOC. NO. 99 INDEX NO. 701661/2019 RECEIVED NYSCEF: 02/28/2022 A a/k/a A Internatio nal a/k/a Realty International Class Class Realty A Class a/k/a A Corp. a/k/a Realty Corp. Class Realty guaranteed personally guaranteed Class (A Class) and was personally Int., Corp. (A Realty Int., Class Realty from period from year period eight year by lease was for an eight defendant s. The lease moving defendants. by moving were premises were 30, 2023. The premises December 1, 2015 November 30, through November 2015 through December 1, plaintiff . surrenderedd on delivering the keys to plaintiff. 30, 2018 by delivering July 30, on July surrendere and complaint The filing aa summons summons and complaint commenced by filing was commenced action was The action Class's A based on January 29, 2019. Plaintiff alleges that based on A Class's alleges Plaintiff 2019. 29, on January months for recover default under lease, to recover rent the months seeks it the under default 2018 December November of March 2017, June 2018 through November 2018, December 2018 through of March 2017, liquidated through additionall rent, liquidated well as additiona August 2019, as well through August s defendant Moving interest. damages, attorneys' fees and interest. Moving defendants damages, attorneys ' April 17, complaint initially appeared pro-se and answered the complaint on April 17, answered and initially appeared pro-se June 2019 16, May dated 2019. Subsequently, amended answers dated May 16, 2019 and June 2019. Subsequen tly, amended answers defendants by attorney 3, 2019 asserted on behalf attorney behalf of all defendants were asserted 2019 were 3, Arthur Trakas (Trakas). G. Trakas Arthur G. 2015, December 1, dated December Pursuant II of the lease, dated 1, 2015, Rider II Pursuant to Rider the.moving d~fendants agreed: the-moving defendants payment of rent for the "to be liable for full payment personal liable be personal "to premises are term of the until the keys and premises Lease or until the Lease term of premises surrendered, whichever come first. Keys and premises d, whichever surrendere (90) ninety (90) with ninety Tenant with may surrenderedd by the Tenant only be surrendere may only However, Landlord. days' written notice to the Landlord. However, in the notice days' written Tenant forfeits event Tenant breaks forfeits breaks the Lease, Tenant the Tenant that the event that security." the full amount amount in security." 21, 2020, the court By order dated dated December court granted granted December 21, By order without judgment plaintiff"s applicationn for summary summary judgment without opposition opposition.. plaintiff 's applicatio against entered Judgment $206,060.2 7 was entered against all amount of $206,060.27 the amount in the Judgment in 5, 2021. defendants January 5, defendants on January vacate the aforesaid Moving currently seek to vacate aforesaid defendants currently Moving defendants the to the judgment to order and granting summary summary judgment court granting judgment of the court and judgment order vacatur, upon vacatur, (1), and upon (a) (1), plaintiff CPLR 5015 (a) pursuant to CPLR plaintiff pursuant Moving defendant awarding defendantss their favor. Moving judgment in their summary judgment awarding summary a as a well as excuse as well contend reasonable excuse a reasonable they have a that they contend that to failure attribute They meritorious defense to action. They attribute the failure to the defense s meritoriou office "law on judgment oppose the motion summary judgment the "law office summary for motion oppose the them of the summary failure" advise them summary counsel to advise former counsel their former of their failure" of 11• complied s defendant Also, they contend that as defendants complied judgment motion contend they judgment motion • Also, premises ng surrenderi with the provisions of the guarantee by surrendering the premises guarantee with the provisions defendant s executed by defendants J1 A Consent to Change Attorney Attorney was executed to Change A Consent s as themselve ng and Trakas on August 31, substituting themselves substituti 2020, 31, August on and Trakas Trakas. of "Defendants Pro place place in Se" ts "Defendan 2 of 5 [* 2] FILED: QUEENS COUNTY CLERK 02/28/2022 03:08 PM NYSCEF DOC. NO. 99 INDEX NO. 701661/2019 RECEIVED NYSCEF: 02/28/2022 they are notice2,2 , they written notice and day written ninety day pursuant to aa ninety keys pursuant and keys They pursuant to the lease. They relieved liability pursuant personal liability any personal of any relieved of to prior default prior a default notice of a deny uncured notice receipt of an uncured deny receipt premises. surrendering ng the premises. surrenderi defendants moving defendants In contends that moving plaintiff contends opposition , plaintiff In opposition, aware of were aware they were lack a default as they of excuse for the default reasonable excuse a reasonable lack he that he being advised the motion. Upon advised by Trakas Trakas that Upon being judgment motion. summary judgment the summary 3 3 to out reached plaintiff , plaintiff reached to , was no longer representing defendants defendants ng representi was no longer alia, plaintiff submits, defendants directly. In support, plaintiff submits, inter inter alia, defendants directly. October Trakas and copy of correspondence sent to defendants Trakas on October defendants ence copy of correspond had judgment had summary judgment motion for summary 27, them that the motion advising them 2020 advising 27, 2020 was ence correspond Said been adjourned to December 9, 2020. Said correspondence 9, December been adjourned proof of delivery, served by accompaniedd by proof delivery, indicating indicating and accompanie FedEx and by FedEx served of copy submits plaintiff Also that someone had signed for them. Also plaintiff submits copy of that someone had signed ra@atony.mazza emails sent sent to answering answering defendant defendant at tony.mazzara@aemails the 26, 2020, advising classrealty.com Trakas on October advising that the October 26, y.com and Trakas classrealt had opposition no returnable and motion for summary summary judgment opposition had judgment was returnable motion for motion been submitted and on December 8, 2020, advising advising that the motion December 8, been submitted Furthermo re, plaintiff was adjourned adjourned to December December 9, 9, 2020. Furthermore, plaintiff was A meritoriou s defense lack aa meritorious maintains defense as as A defendants lack moving defendants that moving maintains that Class' surrender surrender of the property 30, 2018 was less than than property on July 30, Class' notice. In support, ninety day notice. ninety days days from May 22, 22, 2018 ninety from its May ninety 22, 2018, signed May 22, plaintiff submits a ninety day notice dated May signed notice dated a ninety plaintiff submits its and Class A behalf by moving defendant Anthoane Peralta on behalf of A Class and its Peralta Anthoane defendant by moving attorney. attorney. Pursuant to CPLR 5015: to CPLR Pursuant judgment or order: Relief Relief from judgment judgment or "(a)On court which rendered aa judgment which rendered motion. The court "(a)On motion. terms as such upon it from order may relieve a party upon such terms order may relieve a party with person interested may motion of any interested person with be just, on motion may be ground the upon may direct, upon such notice court may ground notice as the court such within of: 1. excusable excusable default, motion is made made within default, if such motion of: 1. judgment or copy of the judgment one year after service service of aa copy year after one moving upon the moving order with entry upon notice of its entry written notice with written order judgment party, or, if the moving entered the judgment party has entered moving party party, or, within one year after after such entry". or order, within 2 There are two ninety two ninety There are defendants seek to rely on defendants seek but ninety a ninety also a is also there is but there plaintiff plaintiff relies. Moving day notices notices at issue. Moving 2018 May 1, dated May notice dated a 1, 2018 ninety day notice a ninety which 22, 2018 on which May 22, dated May day notice notice dated email court by email 3 Trakas advised plaintiff plaintiff's attorney and the court 's attorney Trakas advised by counsel as relieved dated September 1, 2020 that he was relieved counsel by dated September 1, going forward, themselves going defendants, representi ng themselves would be representing who would s, who defendant oppose could oppose s could defendant and requested an adjournment that the defendants so and requested an adjournme nt the motion. motion. 3 of 5 [* 3] FILED: QUEENS COUNTY CLERK 02/28/2022 03:08 PM NYSCEF DOC. NO. 99 INDEX NO. 701661/2019 RECEIVED NYSCEF: 02/28/2022 judgment vacate an order It is well settled settled that to vacate order or judgment establish obligated is party entered upon obligated to establish moving party upon default, the moving entered existence the both excuse for the default default and existence of aa reasonable excuse a reasonable both a Eugene Di potentially defense to the action. (See (See Eugene meritorious defense potentially meritorious NY2d 138 [1986]; Co., 67 Lorenzo, 67 NY2d Dutton Lbr. Co., v A.C. Dutton Inc. v Lorenzo, Inc. Inc., 186 AD3d Rochdale AD3d Nursing Care Ctr., Inc., Fairview Nursing Co. vv Fairview Ins. Co. Rochdale Ins. AD3d 747 [2d Inc., 166 AD3d [2020]; Kaung [2d Kaung Hea Lee vv 354 Mgt., Inc., 1425 [2020]; Dept 2018].) determination of what constitutes constitutes aa reasonable reasonable 2018) .) The determination excuse is left to the sound sound discretion discretion of the court. (See (See U.S. u.S. excuse Nationstar 2019]; Dept [2d 876 Bank, N.A. [2d Nationstar AD3d Essaghof, 178 AD3d N.A. vv Essaghof, 2019] .) [2d Dept 2019].) AD3d 886 [2d Mortg., Ramnarine, 172 AD3d v Ramnarine, LLC v Mortg., LLC failure can be accepted Although, the claim claim of law office office failure accepted by Although, undetailed and the court court as aa reasonable conclusory, undetailed reasonable excuse, aa conclusory, a amount to a uncorroborated office failure failure does not amount claim of law office uncorroborated claim v Fund Socy., FSB v Sav. Fund reasonable excuse. (See (See Wilmington Wilmington Sav. reasonable Mellon Trust of N.Y. Mellon Bank of Rodriguez, [2d Dept 2021]; Bank AD3d 784 [2d Rodriguez, 197 AD3d Sav. Eastern Dept [2d Co., N.A. v AD3d [2d 2019]; Eastern Sav. 772 AD3d 176 Talukder, v N.A. aa Furthermore, .) 2013] Dept [2d Bank, FSB v Charles, 103 AD3d [2d 2013].) Furthermore, 683 AD3d v Bank, provide must attorney prior a party attributing their default to a prior attorney must provide their default party attributing credible explanation explanation of the default. default. (See (See Torres vv detailed and credible aa detailed v Bank N.A. v Rely Us, Inc., [2d Dept 2018]; U.S. u.S. Bank AD3d 731 [2d Inc., 165 AD3d Rely On Us, .) Barr, 139 AD3d AD3d 937 [2d [2d Dept 2016] 2016].) reasonable moving defendants defendants fail to establish establish aa reasonable Here, moving uncorroborated allegation excuse for their their default. default. Their Their uncorroborated allegation that excuse judgment motion failure to oppose oppose the summary summary judgment motion was due to the failure plaintiff's of plaintiff's them apprise to their counsel's failure apprise them failure counsel's former their v. Singh, 196 N.A. Fargo Wells motion is not credible. (See Fargo Bank, N.A. v. (See credible. motion Ramnarine, v LLC Mortg., LLC v Ramnarine, 172 AD3d [2d Dept 2021]; Nationstar Nationstar Mortg., AD3d 728 [2d AD3d LoRusso, 155 AD3d AD3d 886 [2d [2d Dept 2019]; LaSalle LaSalle Bank, N.A. vv LoRusso, AD3d Bank Natl. Assn. vv Barr, 139 AD3d [2d Dept 2017]; U.S. u.S. Bank AD3d 937 706 [2d and [2d Dept 2016) 2016].) defendants' unsubstantiated unsubstantiated Moving defendants' .) Moving [2d reasonable excuse conclusory allegations allegations do not establish establish aa reasonable excuse for conclusory AD3d Fund Socy., FSB, 197 AD3d Sav. Fund their Wilmington Sav. their default. (See Wilmington 155 LaSalle 886; AD3d 784; Nationstar Mortg., AD3d 886; LaSalle Bank, N.A., 172 Nationstar 784; of lack the of light In 937.) AD3d 706; u.S. Bank N.A., 139 AD3d 937.) lack AD3d AD3d 706; U.S. Bank to unnecessary is reasonable excuse for their their default, it unnecessary reasonable excuse meritorious potentially meritorious determine whether defendants have aa potentially whether defendants determine AD3d 710; LLC, 172 AD3d Mortg., LLC, defense (See Nationstar Nationstar Mortg., defense to the action. (See AD3d 731; La Salle AD3d 706; U.S. u.S. Torres, 165 AD3d N.A., 155 AD3d Salle Bank, N.A., Torres, Bank AD3d 937.) 937.) Bank Natl. Assn., 139 AD3d the of Plaintiff's seeking an amendment amendment of the motion seeking Plaintiff's cross motion Mazzara is also Antonio Mazzara that Antonio caption and and judgment also reflect that judgment to reflect caption 2001 and CPLR 2001 (See (See CPLR and known granted. Mazzara is granted. Antonino Mazzara known as Antonino .) 5019(a) 5019(a) .) 4 of 5 [* 4] INDEX NO. 701661/2019 FILED: QUEENS COUNTY CLERK 02/28/2022 03:08 PM NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 02/28/2022 Accordingly, Accqrdingly, ORDERED, f it is that the motion motion is denied; and . it is further further cross motion seeking to to amend amend the caption caption and ORD~RED, that the cross motion seeking judgment, to reflect is also also known judgment, t6 reflect that Antonio Antonio Mazzara Mazzara is known as Antonino granted; and it is further further Antonino Mazzara Mazzara is granted; ORDERED, follows: ORDERED, that the caption caption shall read as· as'follows: SUPREME cobRT COURT OF THE STATE STATE OF NEW YORK SUPREME YORK QUEEjNS COUNTY COUNTY QUEENS -----------------·--x ---~------------------------------------~--X ___ ! _____________ .. ., NON~EXEMPT TRUST UNDER UNDER ARTICLE ARTICLE VI NON ~EXEMPT MARITAL MARITAL TRUST MELVIN LAST REVOCABLE TRUST U/A/D U/A/D JULY OF MELVIN REVOCABLE TRUST 2, 2007, CAROL CAROL LAST, TRUSTEE, 2, 2007, Plaintiff Plaintiff Index 701661/2019 Index No. No. 7-01661/2019 ~against-:againstA CLASS REALTY CORP, a/k/a a/k/a A A CLASS CLASS REALTY REALTY A CLASS REALTY CORP. INTERNATIONAL a/k/a A CLASS REALTY INT., INTERNATIONAL a/k/a A CLASS REALTY INT., ANTONINO CORP., ANTONIO ANTONIO MAZZARA MAZZARA a/k/a ANTONINO MAZZARA, MAZZARA, ANTHOANE ANTHOANE PERALTA, Defendant(s) Defendant(s) ___ ~ X. ___ · ______ ·------------ -- - --------------x. and'it further and~ it is further Antonio Mazzara's a~ended throughout ORDERED, that Antonio Mazzara's name be a~ended thrbughout the jud~ment reflect that he is also known known as Antonino jud1ment to reflect Aritoninci Mazzara Mazzara a/k/a Antonino Antonino M~zzara). Mazzara) . (Antonio Mazzara Mazzara a/k/a Dated: February ,2_ February 2. g 8 ,' 2022 v J.S.C. FILED 2128/2022 3:05 PM COUNTY CLERK QUEENS COUNTY [* 5] /t Lt 5 of 5
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
