SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO.

TWO, Plaintiff, -againstMICHAEL KRICHEVSKY, ELENA SVENSON, MERS, AS NOMINEE FOR UNITED MEDICAL BANK, FSB, UNITED STATES OF AMERICA/ INTERNAL REVENUE SERVICE, WELLS FARGO BANK, NA., PARKING VIOLATIONS BUREAU OF NEW YORK CITY, AND "JOHN DOE" No. 1 through "JOHN DOE" No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the Iiened premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT in this action and to serve a copy of your answer, or a notice of appearance, on plaintiffs attorneys within twenty (20) days after the service of this summons, exclusive of the day of service, or within thirty (30) days after the service is complete if the summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff designates Kings County as the Place of Trial. The basis of venue is: the liened property is located in Kings County Index No.

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SUMMONS

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THIS IS AN ACTION TO FORECLOSE A LIEN ON REAL PROPERTY LOCATED IN KINGS COUNTY. Dated: New York, New York March 14 2012
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BELKIN BURDEN WENIG & GOLDMAN, LLP Attorneys for Plaintiff 270 Madison Avenue New York, New York 10016 (212) 8674466 By:&kJV.x.Q1 JAMIE B; CHAPMA$& ESQ.

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BOARD OF MANAGERS OF OCEANA CONDOMINIUM NO. TWO, Plaintiff, -againstVERIFIED COMPLAINT

Index No.

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MICHAEL KRICHEVSKY, ELENA SVENSON, MERS, AS NOMINEE FOR UNITED MEDICAL BANK, FSB, UNITED STATES OF AMERICA/ INTERNAL REVENUE SERVICE, WELLS FARGO BANK,. N.A., PARKING VIOLATIONS BUREAU OF NEW YORK CITY, AND "JOHN DOE" No. 1 through "JOHN DOE" No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the liened premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants.

Plaintiff, the Board of Managers of Oceana Condominium No. Two ("Plaintiff'), by its attorneys, Belkin Burden Wenig & Goldman, LLP, for its complaint against defendants alleges: 1. Plaintiff is a residential condominium board of managers acting

on behalf of all residential unit owners located at 120 Oceana Drive West, Brooklyn, New York 11235. 2. Defendant Michael Krichevsky ("Krichevsky") is, upon

information and belief, a resident of the State of New York. 3. Defendant Elena Svenson ("Svenson") is, upon information and

belief, a resident of the State of New York.

4.

Defendant MERS, as nominee for United Bank, FSB is, upon

information and belief, a Delaware corporation with an office and place of business in the State of Michigan. 5. Defendant United States of America/ Internal Revenue Service

is, upon information and belief, a federal agency with an office and place of business in the State of New York. 6. Defendant Wells Fargo Bank, N.A. is, upon information and

belief, a national banking association with an office and place of business in the State of New York. 7. Defendant Parking Violations Bureau of New York City is, upon

information and belief, a municipal agency with an office and place of business in New York County.

AS AND FOR A FIRST CAUSE OF ACTION

8.

Plaintiff repeats and realleges each and every allegation

contained in paragraphs 1 through 7 of the complaint as if more fully set forth herein. 9. Krichevsky and Svenson are the owners in fee of unit 5D (the

"Unit") in the premises known as and located at 120 Oceana Drive West, Brooklyn, New York (the "Condominium'). 10. Krichevsky and Svenson, as the owners of the Unit in the

Condominium, are liable for the common charges of the Condominium with respect to the Unit. 11. Pursuant to Article V, Section 4 of the Condominium By-Laws,

common charges are payable in installments on the first day of each month in advance.

12.

Pursuant to Article V. Sections 6 and 7 of the Condominium By-

Laws, the plaintiff has the right and obligation to file liens for unpaid common charges, and to institute any and all other actions or proceedings deemed necessary or desirable by the plaintiff to recover unpaid common charges. Any suit to recover a money judgment for unpaid common charges can be maintained without foreclosing or waiving a lien for unpaid common charges. 13. Pursuant to Article V, Section 6 of the Condominium By-Laws, in

the event a unit owner fails to promptly pay common charges, the plaintiff is entitled to charge the delinquent unit owner a late charge on all unpaid sums. 14. Pursuant to Article V, Section 6 of the By-Laws, all costs and

expenses incurred, by Plaintiff as a result of Krichevsky and Svenson's breach of their obligations under the By-Laws are payable by Krichevsky and Svenson and, for all purposes, such expenses constitute Common Charges payable by Knchevsky and Svenson. 15. On or about December 31, 2007, Krichevsky and Svenson

defaulted in their obligations to pay common charges and assessments pursuant to the Condominium By-Laws. 16. On December 23, 2011, plaintiff filed against the Unit a

Continuing Lien for Unpaid Common Charges in the amount of $44,145.92 with the Office of the City Register, New York County, which was recorded on January 11, 2012 in CRFN 2012000012722. 17. Plaintiff has not been paid the monthly common charges,

assessments, interest, late charges and legal fees due and payable on December 31, 2007 and there have been recurring defaults thereafter. 18. The grace period for the payment of common charges,

assessments, late charges and interest has long since expired.

19.

During the pendency of this action, the plaintiff, in order to

protect its lien, may be compelled to pay sums due on prior mortgages, insurance premiums, tax assessments, water rates, sewer rates, and other expenses or charges affecting the premises described and plaintiff prays that any amount so paid and so extended by it during the pendency of this action be added to its claim and repaid to it from the proceeds of the sale of said liened premises, together with
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interest thereon, from the date of making suctT expenditures; so that the same may be added to, and secured by said lien. 20. Article V, Section 6 of the Condominium By-Laws contains a

provision entitling plaintiff to recover attorneys' fees incurred in the prosecution of this action. 21. Michael Krichevsky is named as a party defendant herein

inasmuch as he is a record owner of the liened premises. 22. Elena Svenson is named as a party defendant herein inasmuch

as she is a record owner of the liened premises. 23. MERS, as nominee for United Bank, FSB is named as a party

defendant herein inasmuch as it has or may have a credit line mortgage against the Unit, which credit line mortgage is subordinate to the lien being foreclosed in this action. 24. The defendant The United States of America Internal Revenue

Service is made a party defendant to cut off liens for unpaid federal taxes imposed by the United States of America and owed by defendant Elena Svenson. Plaintiff does not know if defendant Elena Svenson, a record owner and mortgagor herein, is the subject of the lien set forth below. Pursuant to the provisions of 26 U.S.C. 2410 dealing with liens arising under the Internal Revenue Laws, defendant Elena Svenson's address is 120 Oceana Drive West, Unit 5D, Brooklyn, New York. Any 4

United States redemption rights are preserved. The taxpayer(s) whose liability created a federal tax lien or liens is: Elenva Svenson 120 Oceana Drive Unit 5D Brooklyn, New York Filed 9/11/06 West, Amount: $108,269.06 Assessment Date: 2/7/05 Date: Expiration 9/11/31 District Office: Unknown, but believed to be Cincinnati, Ohio

25.

Wells Fargo Bank, N.A. is named as a party defendant herein

inasmuch as it has or may have a judgment/lien against the Unit by virtue of a judgment against Michael Krichevsky as set forth in Exhibit A, which judgment/lien is subordinate to the lien being foreclosed in this action. Plaintiff is unsure whether the judgment debtor is the Defendant herein. 26. Parking Violations Bureau of New York City is named as a party

defendant herein inasmuch as it has or may have a judgment/lien against the Unit, which judgment/lien is subordinate to the lien being foreclosed in this action. 27. "John Doe" No. 1 through "John Doe" No. 15, the true names of

said defendants being unknown, are made party defendants herein to exclude them from any right, title, lien or interest which they may have in the subject premises by virtue of any claim, lien, lease or right of occupancy which they may have in all or part of the subject premises. 28. The defendants, and each of them, have or claim to have some

interest, lien or liens upon said liened premises, or some part thereof, which interest or lien, if any, has accrued subsequent to plaintiff's lien or was, in express terms, made subject thereto.

29.

Unless otherwise stated, upon information and belief, no

defendant is an infant, nor been judicially declared impaired or incompetent, nor has a guardian ad lit em been appointed for any defendant.

AS AND FOR A SECOND CAUSE OF ACTION

30. Plaint ft repeats and realleges each and every allegation set forth

in paragraphs 1 through 29 of the complaint as if fully set forth herein at length. 31. In accordance with Article V, Section 6 of the Condominium By-

Laws, plaintiff is entitled to recover reasonable attorneys fees, together with the costs and disbursements and additional allowance permitted by law incurred in the prosecution of this action.

WHEREFORE, the plaintiff demands judgment on the first cause of

action as follows: that the defendants and each of them, and all persons claiming under them or any of them claiming upon liens docketed as well as all persons or parties making claims subsequent to the filing of the notice of pendency be barred and foreclosed of and from all estate, right, title, interest, claim, lien and equity of redemption, of, in and to the said liened premises and each and every part and parcel thereof, excepting the right of the United States of America and its political subdivisions, if it or they be a party to this action, to redeem as provided under applicable law; that the same premises may be decreed to be sold according to law and subject to any state of facts an accurate survey may show, the covenants, restrictions, reservations, easements and agreements of record, if any, and to any violation thereof, to building restrictions and zoning ordinances of the town or municipality in which said premises are situated and to any violation thereof, and to conditional bill of sale, security agreements and financial statements filed in connection with said premises, if any, but only to the extent that any of the foregoing are

not barred or foreclosed by this action, the lien of the unpaid balance due on prior mortgages of record, if any, and all liens of record prior to the date the lien herein became a lien of record, if any, and existing tenancies, except such tenants as are party defendants to this action and, that the monies arising from this sale be brought into court; that the plaintiff be paid the amount due, as hereinbefore set forth, with an interest to the time of such payments together with any monies advanced and paid.
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pursuant to- any term or provision of the bonds or notes and mortgages, and extension or modification agreement, if any set forth in this complaint or to protect the lien of the plaintiff's lien, including the taxes, assessments, water charges and sewer rents, insurance premiums and other expenses to repair and preserve said property, and all of the charges and liens thereon to be paid to protect the plaintiffs lien, including interest and principal installments on prior mortgages, if any, with interest on said amounts from the dates of their respective advances and payments, the expenses of such sales together with the costs, allowances, and disbursements of this action and attorneys' fees incurred in the' prosecution of this action; that this Court forthwith appoint a receiver of rent and profits of said premises during the pendency of this action with the usual powers and duties and that the plaintiff have such other and further relief as may be just and equitable; On the second cause of action, that plaintiff be awarded reasonable attorneys' fees as provided in the Condominium By-Laws as well as the costs and disbursements of this action; and

Such other and further relief as is just and proper.

BELKIN BURDEN WENIG & GOLDMAN, LLP Dated: New York, New York March'- .2012 Attorneys for Plaintiff 270 Madison Avenue New York, New York 10016 (212) 867-4466

Jmie B. Chapman, Esq.

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VERIFICATION

STATE OF NEW YORK ss.: COUNTY OF KINGS )

LANA KAPLUN, being duly sworn, deposes and says:

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1. Deponent is the President of the Board of Managers of Ocearia Condominium No. Two, a New York condominium board of managers, plaintiff in the within action. 2. Deponent has read the foregoing complaint and knows the content thereof; and the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters, deponent believes them to be true. 3. This Verification is made by deponent because the Board of

Managers of Oceana Condominium No. Two is a condominium board of managers and deponent is an officer thereof.

LANA KAPLUN Sworn to before me this 1 day of March, 2012

MiDID Notary Public, State of New York ?4o.01ME6251033 Qualified In Kinge County salon Ires Nov. 14, 2015

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NOTARY Pt.(BLIC

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