FILED: QUEENS COUNTY CLERK 12/28/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/28/2016

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1 FILED: QUEENS COUNTY CLERK 12/28/ :55 PM INDEX NO /2016 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/28/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS IYCTL TRUST and THE BANK OF NEW YO ZELLON, as Collateral Agent and Custodian for the NYC Trust, Plaintiffs, - against - Index No /16 OATH,ICARDO GOURSAHAB, BOARD OF MANAGERS O ARSONS PLAZA CONDOMINIUM, NEW YORK CIT ENVIRONMENTAL CONTROL BOARD, STATE OF NEW YORK ) ss.: COUNTY OF QUEENS ) Defendants. I, Richard Gutierrez, Esq., the appointed by an order of this Court, made on July 25, 2016 and entered in the above entitled action on August 1, 2016 to ascertain and compute the amount due to the plaintiff for principal and interest and otherwise upon the tax liens upon which this action was brought, and to examine and report whether the premises can be sold in parcels, do solemnly swear that I will faithfully and fairly determine the questions so referred to me, and make a just and true report thereon according to the best of my understanding and as the said order requires. Dated: September I ~, 2016 Sworn to before me this ~, /~C day of September, ~~~ R chard Gutie z, Esq.,yam Notary Publ c DIANE J. LUFT IVdf~~l Wublic, State of New Yd'k I'Jti, OtLU61846B5 C~lili~rd In Kings County ~~iifr~tli~wlion ~npires April 7, 20,E 1 of 6

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 1YCTL TRUST and THE BANK OF NEW YO ZELLON, as Collateral Agent and Custodian for the NYC Trust, Plaintiffs, - against - Index No /16 REPORT OF AMOUNT DUE,ICARDO GOURSAHAB, BOARD OF MANAGERS O 'ARSONS PLAZA CONDOMINIUM, NEW YORK CIT ENVIRONMENTAL CONTROL BOARD, Defendants. TO THE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS: In pursuance of an order of this Court, made on July 25, 2016 and entered in the above entitled action on August 1, 2016, whereby it was referred to the undersigned as to ascertain and connpute the amount due to the plaintiff for principal and interest and otherwise upon and by virtue of the tax liens upon which this action was brought, and also to examine and report whether in his opinion the subject premises can be sold in parcels. I, Richard Gutierrez, Esq., the in the said order named, DO REPORT that before the proceeding to hear the testimony, I was first duly sworn, faithfully and fairly to determine the questions referred to me, and to make a just and true report thereon, according to the best of my understanding; that Kurt Shadle, a Managing Director of i ower iapitai Tvianagement, LLV, the servicing agent of Plaintiit Herein, submitted testimony in the form of an affidavit submitted herewith, sworn to on 2 of 6

3 September 7, 2016; that I have computed and ascertained the amount due to the Plaintiff upon and by virtue of the said tax liens and that I find, and accordingly report, that there is due to the Plaintiff for principal and interest on the Tax Lien Certificate dated August 8, 2013, as of the date of September 7, 2016, the sum of $3,103.84, plus interest from September 7, 2016 as provided in the complaint, and on the Tax Lien Certificate dated August 12, 2015, as of the date September 7, 2016, the sum of $2,142.90, plus interest from this date as provided in the complaint, exclusive of counsel fee. Schedule A, hereunto annexed, contains a schedule of the documentary evidence introduced before me, and shows the original amounts due for principal and interest respectfully, the period of the computation of the interest and its rate. I have made inquiry as to the advisability of selling the subject premises in parcels and find accordingly that the subject premises should be sold in one parcel. Dated: September ~, 2016 chard Guti rez, Esq. 3 of 6

4 REFEREE'S COMPUTATION SCHEDULE FOR 2013 TAX LIEN DOF Property Taxes: $ Noticing Fee on DOF Property, Water, Other and ERP Taxes: $ 5% Surcharge on DOF Property, Water, Other, ERP Taxes and Noticing Fee : $ Total Principal Due on Certificate: $ DOF Property Tax Interest on $2, from May 17, 2013 to September 7, 2016 at 9% compounded daily: $ DOF Water, Other, Noticing, Surcharge Tax Interest on $ from May 17, 2013 to September 7, 2016 at 9% compounded daily: $ 2, , Total Due as of September 7, , Dated: September /~, 2016 ichard Gu errez, Esq. 4 of 6

5 REFEREE'S COMPUTATION SCHEDULE FOR 2015 TAX LIEN DOF Property Taxes: $ 1, Noticing Fee on DOF Property, Water, Other and ERP Taxes: $ % Surcharge on DOF Property, Water, Other, ERP Taxes and Noticing Fee : $ Total Principal Due on Certificate: $ 1, DOF Property Tax Interest on $1, from July 21, 2015 to September 7, 2016 at 9% compounded daily: $ DOF Water, Other, Noticing, Surcharge Tax Interest on $ from July 21, 2015 to September 7, 2016 at 9% compounded daily: $ Total Due as of September 7, 2016 Dated: September~~, 2016 ~~~ $ 2, ichard G ierrez, Esq. 5 of 6

6 SCHEDULE A ABSTRACT OF DOCUMENTARY EVIDENCE One tax lien certificate dated August 8, 2013 in the sum of $2, with interest at the rate of 9%per annum and recorded at CRFN on August 13, 2013 in the Office of the New York City Register. Marked Exhibit "A." One tax lien certificate assignment dated May 31, 2015 and recorded in the Office of the New York City Register at CRFN on June 17, Marked Exhibit "B." One tax lien certificate dated August 12, 2015 in the sum of $1, with interest at the rate of 9%per annum and recorded at CRFN on August 25, 2015 in the Office of the New York City Register. Marked Exhibit "C." One Summons and Complaint filed on March 25, 2016 and bearing index number /16. Marked Exhibit "D." One Notice of Pendency filed on March 25, 2016 and bearing index number /16. Marked Exhibit "E." One Order of Reference dated July 25, 2016 and entered in the Office of the Queens County Clerk on August 1, 2016, along with Notice of Entry thereof. Marked Exhibit "F." One Affidavit in Support of 's Report of Amount Due sworn to by Kurt Shadie, a l~~anaging Director of i ower Capital ivianagement, LLi;, the servicing agent of Plaintiff, on September 7, Marked Exhibit "G." 6 of 6