Notice To Absent Defendants

Published on July 09, 2015, 12:51 pm
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
INDEX NO. 35435/2014E

NOTICE TO ABSENT DEFENDANTS

 

STATE OF NEW YORK TO: Kim Marie Gervasi a/k/a Kim Marie Gervasi Vanzandt and Raul Salazar 

You are hereby summoned and required to serve upon Norris, McLaughlin & Marcus, PA, plaintiff’s attorneys, whose address is 875 Third Avenue, 8th Floor, New York, New York 10022, an answer to the verified complaint in a civil action in which ARS Investors II 2012-1 HVB, LLC is plaintiff and 1314 Blondell Ave. Corp. a/k/a 1314 Blondell Avenue Corp., and others, including you, are defendants pending in the Supreme Court of New York, Bronx County within 30 days after July 10, 2015, exclusive of said date. If you fail to do so, judgment by default may be rendered against you for the relief demanded in the verified complaint.  

This action has been instituted for the purpose of foreclosing a mortgage and recovering possession of the lands and premises described in a mortgage dated January 4, 2005, recorded in the Office of the City Registrar of the City of New York on January 25, 2005 under CRFN 2005000045102, made by 1314 Blondell Ave. Corp. a/k/a 1314 Blondell Avenue Corp. (“1314 Blondell”) to Hudson Valley Bank, N.A. and covers real estate located at 1314 Blondell Avenue, Bronx, New York. Plaintiff is the holder of the Mortgage by way of an Assignment recorded on June 28, 2012 in the Office of the City Registrar of the City of New York under CRFN 2012000256276.    

You, Kim Marie Gervasi a/k/a Kim Marie Gervasi Vanzandt are made a defendant because on January 4, 2005 you and others executed a Commercial Guaranty in favor of HVB by which you guaranteed all monies due under the Note and Modification Agreement, which is secured by the mortgage. To the extent, the value of the mortgaged premises is insufficient to satisfy the amounts due under the Note, Plaintiff seeks a deficiency judgment against you.  

You, Raul Salazar are made a defendant because you hold a judgment against 1314 Blondell in the amount of $1,278,347.50, which judgment was docketed in the City Registrar of the City of New York’s Office on September 13, 2010 under control number 001276849-01. This lien or other interest in the Mortgaged Premises is subsequent and/or subordinate to the mortgage being foreclosed herein. You are named hereto for the purposes of terminating your interest in the mortgaged premises.  

Dated: July 9, 2015 

 

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