FILED: NEW YORK COUNTY CLERK 03/27/ :56 PM INDEX NO /2008

Transcription

1 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 1 of 03/27/ RE: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Ryan Miller Sent: To: Cc: Wednesday, June 19, :43 PM cfitch@rosicki.com aridge@rosicki.com Attachments: to Jennifer L. Andre~1.pdf (462 KB) ; Attachment 1 to of M~1.pdf (2 MB) Ms. Fitch: I am in receipt of your dated June 18, 2013 and submit this in response thereto. Please note my responses to your numbered requests are BOLD as follows: 1. The 2011 Federal Tax Returns are not signed. Please have borrower and non-borrower sign tax returns This documentation was supplied to Jennifer Andrews on May 8, To ask for this documentation again when your Office has been in receipt of same for over a month is truly disingenuous. I am attaching herewith a copy of the issued to Ms. Andrews on May 8, 2013 along with a copy of Attachment 1 from said which, as may be seen on page 2 of the attachment, contains the signatures of the borrower and non-borrower to their 2011 tax returns. 2. Still need proof of income for the $100 on the RMA. First, to state "still need proof of income for $100 on the RMA" is also a completely disingenuous comment as this is the first request for same. Further, this was merely an estimated aggregate of small sundry items relating to interest dividends (as that line is actually labeled on the RMA). Proof of this is set forth in the tax returns already supplied to the Bank. More importantly, the Bank needs proof of a $ per month line item for a total of approximately $1, per year on a multi-million dollar loan? Quite frankly, this request by the Bank is quite dubious and feels more like a stall tactic. I would strongly urge this request be dropped forthwith and, instead, the Bank focus on resolving this matter in a reasonable and expeditious manner as this Office has already supplied the Bank with all documents requested and, more importantly, the Bank has been in possession of these documents for well over a month. 3. Does borrower receive income from the Dreyfuss Family Trust Income? If so, please provide benefit letter that states the amount of frequency & 2 months proof of receipt. No. Nothing contained herein should be deemed a waiver of any of the Defendant's rights or remedies in law, contract or equity. Very truly yours, 6/19/2013

2 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 2 of 03/27/ Ryan O. Miller, Esq. Law Offices of Kishner & Miller 420 Lexington Avenue, Suite 300 The Graybar Building New York, New York T: (212) ext. 2 F: (212) Direct: (212) From: Caitlin M. Fitch [cfitch@rosicki.com] Sent: Tuesday, June 18, :54 PM To: Ryan Miller Subject: RE: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Good afternoon, Please be advised that the lender is in receipt of the documentation submitted for review. At this time, the lender is requiring additional documentation in order to complete the review. Please submit the following by June 26 as requested by the lender. 1. The 2011 Federal Tax Returns are not signed. Please have borrower and non-borrower sign tax returns 2. Still need proof of income for the $100 on the RMA. 3. Does borrower receive income from the Dreyfuss Family Trust Income? If so, please provide benefit letter that states the amount of frequency & 2 months proof of receipt. Please let me know if I can be of any further assistance in this matter. Thank you, Caitlin M. Fitch Team Lead - Home Retention Department Rosicki, Rosicki & Associates, P.C. 26 Harvester Avenue Batavia, NY Tel: (585) ext 1135 Fax: (585) cfitch@rosicki.com -----Original Message----- From: Ryan Miller [mailto:rmiller@kishnerlegal.com] Sent: Friday, May 10, :34 PM To: Jennifer L. Andrews Subject: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Importance: High 6/19/2013

3 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 3 of 03/27/ Ms. Andrews: I now attach herewith the Trust Documents requested by the Bank. We have now provided all documents requested by the Bank. Please get back to us as soon as possible. Thank you. Very truly yours, Ryan O. Miller, Esq. Law Offices of Kishner & Miller 420 Lexington Avenue, Suite 300 The Graybar Building New York, New York T: (212) ext. 2 F: (212) Direct: (212) From: Ryan Miller Sent: Wednesday, May 08, :47 PM To: Jennifer L. Andrews Subject: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Ms. Andrews: My client has now been able to organize the documents the Bank has requested except for the materials for the Trust. Unfortunately those materials are taking a bit more time to obtain but, in the interim, I have now received and am providing to you herewith all of the other documentation the Bank requested. Specifically, please note the following to the requests in red: For the Borrower Federal Returns signature and date - See the Attached. 2. For properties 25 Central Park West and 56 W. 91st Street: 2 months proof of receipt for the rental properties if using bank statement (include all pages) and identify the rents received. 6/19/2013

4 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 4 of 03/27/ Attached herewith for 91st Street; at 25 Central Park West, the rent is paid yearly in advance in a lump sum; To this effect, I attach herewith a copy of the last check my client received in August 2012, which was net of the year's HOA dues, which were required to be paid in advance by the building. 3. For properties 25 Central Park West and 56 W. 91st Street: The mortgage statements (see the attached), Taxes (see the attached as part of the mortgage statement insofar as they are broken out in the statement) and Insurance (see attached as part of the mortgage statement insofar as they are broken out in the statement) and HOA (if applicable) (see the attached) 4. Two month banks statements and/or quarterly investments statement for Dreyfuss Family Trust Income - As I explained above we are awaiting this documentation but expect to have same to you shortly. For the Non Borrower Federal Tax Returns - See the attached 2. Current Pay stub - See the attached Thank you for your attention to this matter. Very truly yours, Ryan O. Miller, Esq. Law Offices of Kishner & Miller 420 Lexington Avenue, Suite 300 The Graybar Building New York, New York T: (212) ext. 2 F: (212) Direct: (212) From: Jennifer L. Andrews [jandrews@rosicki.com] 6/19/2013

5 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 5 of 03/27/ Sent: Tuesday, April 09, :27 PM To: Ryan Miller Subject: DAVID DREYFUSS Mr. Miller, Our client has reviewed the documents that were submitted and are requesting the below documents. Please have your client submit as soon as possible. For the Borrower Federal Returns signature and date 2. For properties 25 Central Park West and 56 W. 91st Street: 2 months proof of receipt for the rental properties if using bank statement (include all pages) and identify the rents received. 3. For properties 25 Central Park West and 56 W. 91st Street: The mortgage statements, Taxes and Insurance and HOA (if applicable) 4. Two month banks statements and/or quarterly investments statement for Dreyfuss Family Trust Income. For the Non Borrower Federal Tax Returns 2. Current Pay stub *Feel free to contact me if you have any questions. Have a good week! Thank You, Jennifer Andrews Paralegal-Home Retention Department Rosicki, Rosicki & Associates, P.C. 26 Harvester Avenue Batavia, NY Ext (Fax) jandrews@rosicki.com<mailto:jandrews@rosicki.com> WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Come Visit Us At: 3cthismessage/ To escalate concerns, please concerns@rosicki.com<mailto:concerns@rosicki.com> To send a compliment on our service, please compliment@rosicki.com<mailto:compliment@rosicki.com> This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is confidential. If the reader of this message is not the intended recipient, any dissemination, distribution or copying of this communication is prohibited. If you received this message in error, please delete and/or notify the sender by return . Although our company attempts to sweep and attachments for viruses, it does not guarantee that either are virus-free and accepts no liability for any damage sustained as a result of viruses. Thank you. IRS Circular 230 Disclosure: To ensure compliance with U.S. Treasury regulations we inform you that any U.S. tax advice contained in this communication (including any attachments or enclosures) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein. WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY 6/19/2013

6 NYSCEF RE: DOC. FOR NO. SETTLEMENT 34 PURPOSES ONLY PURSUANT TO CPLR RE: RECEIVED DAVI... NYSCEF: Page 6 of 03/27/ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Come Visit Us At: To escalate concerns, please concerns@rosicki.com To send a compliment on our service, please compliment@rosicki.com This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is confidential. If the reader of this message is not the intended recipient, any dissemination, distribution or copying of this communication is prohibited. If you received this message in error, please delete and/or notify the sender by return . Although our company attempts to sweep and attachments for viruses, it does not guarantee that either are virus-free and accepts no liability for any damage sustained as a result of viruses. Thank you. IRS Circular 230 Disclosure: To ensure compliance with U.S. Treasury regulations we inform you that any U.S. tax advice contained in this communication (including any attachments or enclosures) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein. 6/19/2013

7 NYSCEF Fw: FORDOC. SETTLEMENT NO. 34 PURPOSES ONLY PURSUANT TO CPL... RECEIVED NYSCEF: 03/27/2017 From: Bryan Kishner To: Bryan W. Kishner Subject: Fw: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Date: Mon, Mar 4, :06 am Attachments: Additional_Documents_Issued_to_Bank's_Attorney pdf (829K) Bryan W. Kishner, Esq. 420 Lexington Avenue, Suite 300 Graybar Building (between 43rd and 44th St.) New York, NY , ext (dir.) (fax) kishner@kishnerlegal(alt ) From: Ryan Miller <rmiller@kishnerlegal.com> Date: Mon, 4 Mar :37: To: Jennifer L. Andrews<jandrews@rosicki.com> Subject: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR RE: DAVID DREYFUSS Jennifer: In accordancew with your request, please find attached herewith the documents you requested that my client complete. Please note that since my client already provided the documentation as sought by the Uniform Borrower Assistance Form previously completed and turned over, we have not attached those documents again. Very truly yours, Ryan O. Miller, Esq. Law Offices of Kishner & Miller 420 Lexington Avenue, Suite 300 The Graybar Building New York, New York T: (212) ext. 2 F: (212) Direct: (212) From: Jennifer L. Andrews [jandrews@rosicki.com] Sent: Wednesday, February 27, :34 AM To: Ryan Miller Subject: DAVID DREYFUSS Hi Ryan. An update was received from our client. The below docs are needed to continue the review. RMA- due to investor the 710 cannot be accepted 1 of 2 3/6/2013 3:32 PM

8 NYSCEF Fw: FORDOC. SETTLEMENT NO. 34 PURPOSES ONLY PURSUANT TO CPL... RECEIVED NYSCEF: 03/27/2017 Borrower advises he is self-employed- please provide a P&L in the format of the attached. (Sign and dated for the most recent 3 months) Dodd Frank Certification (attached) Please feel free to contact me with any questions. Thank You, Jennifer Andrews Paralegal-Home Retention Department Rosicki, Rosicki & Associates, P.C. 26 Harvester Avenue Batavia, NY Ext (Fax) jandrews@rosicki.com WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Come Visit Us At: To escalate concerns, please concerns@rosicki.com To send a compliment on our service, please compliment@rosicki.com This message is intended only for the use of the individual or en ty to which it is addressed, and may contain informa on that is confidenal. If the reader of this message is not the intended recipient, any dissemina on, distribu on or copying of this communica on is prohibited. If you received this message in error, please delete and/or no fy the sender by return e mail. Although our company a empts to sweep e mail and a achments for viruses, it does not guarantee that either are virus free and accepts no liability for any damage sustained as a result of viruses. Thank you. IRS Circular 230 Disclosure: To ensure compliance with U.S. Treasury regula ons we inform you that any U.S. tax advice contained in this communica on (including any a achments or enclosures) is not intended or wri en to be used, and cannot be used, for the purpose of (i) avoiding penal es under the Internal Revenue Code, or (ii) promo ng, marke ng or recommending to another party any ma ers addressed herein. 2 of 2 3/6/2013 3:32 PM

9 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

10 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

11 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

12 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

13 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

14 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

15 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

16 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

17 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

18 NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 03/27/2017

19 NYSCEF Fw: FORDOC. SETTLEMENT NO. 34 PURPOSES ONLY PURSUANT TO CPL... RECEIVED NYSCEF: 03/27/2017 From: Bryan Kishner To: Bryan W. Kishner Subject: Fw: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR US Bank v. Dreyfuss - Index #117146/08 Date: Wed, Feb 6, :07 pm Attachments: Document_(119).pdf (52K), Document_(120).pdf (88K), Document_(121).pdf (997K), Document_(78).pdf (1656K), Document_(109).pdf (2743K), Document_(122).pdf (268K), Document_(89).pdf (584K), Document_(123).pdf (1072K), Document_(102).pdf (457K), Document_(108).pdf (440K), Document_(111).pdf (450K), Document_(116).pdf (442K), Document_(118).pdf (470K), Document_(127).pdf (895K) Bryan W. Kishner, Esq. 420 Lexington Avenue, Suite 300 Graybar Building (between 43rd and 44th St.) New York, NY , ext (dir.) (fax) kishner@kishnerlegal(alt ) From: Ryan Miller <rmiller@kishnerlegal.com> Date: Wed, 6 Feb :46: To: erugino@rosicki.com<erugino@rosicki.com> Cc: twells@rosicki.com<twells@rosicki.com>; kishner@aol.com<kishner@aol.com> Subject: FOR SETTLEMENT PURPOSES ONLY PURSUANT TO CPLR US Bank v. Dreyfuss - Index #117146/08 Mr. Rugino: Please find enclosed herewith the following documents from my client, as requested by the Bank for a modification of my client's Loan: Hardship letter signed by David Dreyfuss Two recent pay stubs of Mr. Dreyfuss' wife, Gertrude Chavez Recent quarter of bank statements, which covers both Mr. Dreyfuss' business and his personal income 2010 and 2011 joint tax returns Most recent Con Ed bill Rental agreements - there is one for Apartment 3X at 25 Central Park West and three for 56 West 91st Street, and also five agreements covering 6 weeks for Mr. Dreyfuss' home in New Hampshire, with another three to come covering a further 4 weeks. With regard to the New Hampshire home, it is being rented for $6,750 per week (netting about $5,000 a week), and so far 10 weeks have been booked for summer Financial worksheet 4506T-EZ Form signed by both Mr. Dreyfuss and Ms. Chavez HAMP RMA Form, duly completed Dodd-Frank Certification Non-Borrower Credit Authorization Form signed by Ms. Chavez As I am sure your Office is aware, another Court appearance is scheduled before Judge Hagler on March 4, Needless to say, if we may receive a response from the Bank prior thereto, this will certainly make said appearance productive. 1 of 2 2/8/2013 1:20 PM

20 NYSCEF Fw: FORDOC. SETTLEMENT NO. 34 PURPOSES ONLY PURSUANT TO CPL... RECEIVED NYSCEF: 03/27/2017 Thank you for your attention to this matter. Very truly yours, Ryan O. Miller, Esq. Law Offices of Kishner & Miller 420 Lexington Avenue, Suite 300 The Graybar Building New York, New York T: (212) ext. 2 F: (212) Direct: (212) of 2 2/8/2013 1:20 PM