Demonstrative Exhibit History of ... - My GREEK TRAGEDY

Demonstrative ExhibitHistory of Ancillary New York Estate

May 2011- December 2016with Exhibits Annexed

* each Exhibit corresponds to the dates in the Table

• Exhibit A- Schematic for Dump & Pump Scheme• Exhibit B (5/16/13): Defaulted Payment Plan for

Bronx Property negotiated by N. Panuthos and time-sensitive Amnesty Agreement negotiated by E. Lana on 11/28/16 for Bronx Property—payment due 12/28/16

• Exhibit C (10/21/13) : Settlement checks from NY Settlement received by N Panuthos before posting bond

• Exhibit D (5/15/15): Severe water damage to unit occupied by E Lana (500B) , who has sought permission to repair and pursue payment from upstairs Condo Owner. The Unit has no kitchen and cannot be rented.

• Exhibit E (12/1/16): Order to Show Cause to remove to Surrogate’s court filed by E Lana in Tax Lien Foreclosure Case Nos. 157775/16

Date Conduct Cost Remedial Measure Exhibit or Record Citation

05/10/13 NICOLLE Files Order to Show Cause for Ancillary Letters to "save" estate; annexes cash-sale agreement for only income nbearing property - condo 500B, devised to Max LANA . NICOLLE seeks to dump all estate properties so no trust can be funded. At Par 18., she writes "All three (3) condominium units the Decedent owns should be sold."

potential loss of only income to for Trust and clear plan to defund Trust and frustrate testemenatry scheme

sell other propperties, such as plot of land in Bronx (Grand Ave)

Docket 2012-1154, Order to Show Cause with NICOLLE'S Affidavit

05/16/13 NICOLLE negotiates settlement to pay $173,908.57 to NYC for ECB violations and Judgments, promising $6,625.92 in quarterly payments, which she defaults on within a year. This property is devised to Nicolle's children,. NICOLLE does not share this information with the court in her Order to Show Cause or at 6/11/13 hearing on her Order tioShow cause and instead writes "there is a vacan t parcel in Bronx County valued at$75,000. I am greatly concerned that there is no equity left in this parcel due to accruing real estate taxes . The delays caused by Eva's litigation tact ics have rendered it impossible for the Estate to sell this lot before mounting real estate taxes extinguished any equity in the parcel." In truth the parcel had a two family home that was demolished due to rat infestation in 2009, before the decedent died in 2010, and which cost contributed caused the property, valued at $275,000 to become upside down. On February 2010, the debt of the property was $130,252

improvident allocation of assets to an unused land that does not produce income. No source of income to pay agreement except sale of condo that could readliy produce income. Default on secret agreement may disqualify some debt from amnesty program

Settle ECB judgments under amnesty program and save over $54,000 (75% of debt) if paid by Dec 28, 2016 (or no later than January 12, 2017). Amnesty Agreement will reduce $71,208.36 in debt to $16,498.66, but is time-sensitive

Bronx Invoices 2010-2014; Settlement default 2014; 2016 Settlment for judgments and ECB Violations negotiated by EVA.

06/26/13 Honorable SURROGATE'S Written decision granting ancillary letters-- but not endorsing sale of Condo-500B (devised to MAX LANA) which was annexed to order to Nioclle's order to Show Cause

Decision prevents the improvdient sale of an income-generating trust asset

Docket 2012-1154

09/12/13 NICOLLE files Accounting affidavit but does not include significant Judgments (over $100,000) upon or proper value of Bronx property. Meanwhile she had negotiated a settlement to pay the debts on Bronx Property in May 2013.

lack of candor payment of debt or sale of upside down Bronx property

Docket 2012-1154, Accounting

09/25/13 DECREE ANCILLARY LETTERS- Bond Required $990,000 n/a Docket 2012-1154, 10/21/2013 NICOLLE receives check for estate from New York Settlement of

personal injury case (Index Number 104716/07) in the amount of $10,750.

New York Creditors are not paid; a bond is not filed

use funds for new York costs, bond and debts

Affirmation with checks annxed and mailing reciepts for Index Number 104716-2007

11/27/2013 FIRST FORECLOSURE ACTION, Index No. 16107/13 (Both Condos Units 103W & 500B): Condominium Board files mass- foreclosure suit against all delinquent owners, including the two estate condominiums. NICOLLE receives notice of suit, but fails to appear or substitute the estate into the case. Hamden Baskin. Esq. (counsel for Florida estate) keeps "missing" calls with Condo attorney. Case moves to judgment and NICOLLE refuses to appear or even reply to suit.

Waste, legal fees and Judgment against the asbentee estate, which will allow an "emergency" to preciptiate the sale of the condos

use property and fund trust

Index No. 16107/13, Summons and Compaint

12/1/2013 Approximate time NICOLLE's New York esatte counsel withdraws. JULES EPSTEIN tells EVA that he submitted a written resignation from the case.

Risk to estate due to lack of counsel and qualified advisor

retain estate counsel or qualified fiduciary

12/6/2013 NICOLLE receives second check for estate from New York Settlement of personal injury case (Index Number 104716/07) in the amount of $10,750.

New York Creditors are not paid; a bond is not filed.

use funds for new York costs, bond and debts

Affirmation with checks annxed and mailing reciepts for Index Number 104716-2007

01/29/14 EVA receives emergency notice from Condominium superintendent, LUIS QUERO, who needs to make urgent repairs due to a steam pipe leak. NICOLLE could not be located, and EVA authorizes repairs and provide acces to the condominiums, leaves key copy with LUIS QUERO

Damage to neighboring unit and the estate's property. Disgruntled super (eventually files employment action against Condimnium for unpaid overtime)

EVA authorized building to repair problem and repair neighbor's unit, paid for repairs personally

See email, Invoices, employment Case

09/14/14 EVA first discovers Condominium Board's foreclosure case (Index No. 16107/13); she makes an appearnce case with judge's permission . EVA negotiates to remove the estate from the case and settle the account with proceeds from instant case.

Judgment, Foreclosure, and legal fees

Settle the accounts, transfer properties to Trust and utilize these assets

Affidavit read into record, Stipulation to settle and remove estate from any judgment

10/15/14 EVA & MAX LANA move into Condomium unit 500, which is devised to Max and perfomr industrial clean up; repairs; replace plumbing; pay tax lien and current taxes. EVA requests invoices for common charges from Condominium, but NICOLLE insists on receiving all communications

Waste, tax foreclosure, legal fees and Judgment

EVA settles $16,500 Tax lien for Condo 500B; and maintains property, which is currently NOT foreclosed

Tax Lien exhibits

02/15/15 NICOLLE appears at accounting proceeding in the present case, demanding at least a $50,000 advance as representative of the estate.

Unbonded, unqualified foreign fiduciary removes money form the forum without paying creditor and property expenses

Place estate funds in a court account so that the payment of creditors can be overseen by the Surrogate and New york creditors are satisfied

05/15/15 Condominium 500B is heavily damaged by flood from upstairs unit, and ceiling are destroyed, especially in bathroom. NICOLLE ignores the situation and has not taken out any insruance for the estate's real property. NICOLLE has not authorized EVA to make repair and pursue claim against other unit owner, who is insured.

Loss of property value, lack of insurance

Repair damage and pursue claim against upstairs unit owner and/or his insurer

See pictures

10/06/15 SECOND FORECLOSURE ACTION, INDEX 850293/15 (only Condo Unit 103W): NICOLLE ignores this tax lien and foreclosure even though she was made aware of this lien by mail (NICOLLE only accepts mail for Condominium Unit 103W, which is devised to her children); she received repeated notice from EVA about a pay-off agreement EVA negotiated; and by exhibits filed in EVA's objections in this very case (February 2015)

Tax Lien Foreclosure, additional $10,000 in legal fees

Settle the tax bill, just as EVA settled an analogous tax lien on the second estate Condominium Unit 500B

Tax Lien exhibits, From Objection to Account and Summons and Complaint Index No. 850293/15

11/20/15 Condominium Board Cross-Claims in case 850293/15, and NICOLLE ignores the suit, though she is ic communication with Condominium attorney. NICOLLE also ignores EVA's pleas to stipulate to payment of the Condominium fees in exchange for EVA withdrawing her objection to this accounting

Property at risk and wasted; accouting continues

Stipulate to a list of creditors that will get paid immediately from accounting funds or Place estate's funds in court account for distribution

Cross Claim of Condominium Board in Index No. 850293/15

02/15/16 Court Conferences in this case are commenced. NICOLLE refuses to provide list of creditors and instead offers letter from Hamden Baskin, stating the estate has no creditors. NICOLLE continues to refuse to stipulate to list of creditors that she will pay in exchange for EVA withdrawing her objections to the accounting.

Risk to New York assets and creditors, especially since NICOLLE is not the sole Florida fiduciary-- curator has active letters

Place funds in a court account so that the payment of creditors can be overseen by the Surrogate and New york creditors are satisfied

see emails, letters from Baskin

04/15/16 In order to receive the estate's share of this accounting o, NICOLLE finally posts a bond and perfects her letters on April 13, 2016-- over 2.5 years after this court signed the Decree Granting Limited Ancillary Letters, c.t.a. September 26, 2013, in response to NICOLLE's "urgent" Order to Show Cause.

Risk to New York assets and creditors, while the estate's ancillary administrator fails to post a bond for 2.5 years.

Removal and appointment of qualified fiduciary. Place funds in a court account so that the payment of creditors can be overseen by the Surrogate and New york creditors are satisfied

letters of administration, emails

10/06/15 THIRD FORECLOSURE ACTION, INDEX NOS. 157775/16: Tax Lien Foreclosure is refiled to cure service defects in prior filing, and NICOLLE and EVA are both served in action in their capacity as Co-Trustees

Loss of assets, legal fees

Settle Tax lien Summons & Complaint - Index Nos. 157775/16

10/28/16 Public Administrator files her Motion for (partial) Summary Judgment seeking to dismiss EVA's accounting objections, and to make a partial distribution to NICOLLE so that the estate of their mother can be ostensibly helped.

Piecemeal and inappropriate intervention that does not end judicial labor in any case, and also risks loss of properties, funds derelict fiduciary

Remove the Tax Lien Foreclosure to the Surrogate' Court pursuant to CPLR 325[e]

See emails stating she is not involved in mother's estate, and Eva's reauests to consider risks to mother's estate

11/01/16 Timothy Wedeen, Esq. files an Answer on behalf of NICOLLE in the tax lein foreclosure Index Nos. 157775/16

Answer- Index Nos. 157775/16

11/17/16 Condominium Board Cross-Claims in case Nos. 157775/16 , for $42,989.04 in delinquent common charges and assessments.

Loss of assets, legal fees

Settle the account, possible sale of Unit 103W

Verified Answer with Cross Claims- Index Nos. 157775/16

12/01/16 EVA files an RJI for Index Nos. 157775/16 along with an Order to Show Cause as to why the case should not be removed to Surrogate's Court. Judge is assigned and matter set for removal hearing pursuant to CPLR 325[e].

Lack of consolidation will raise costs and risk loss of property

Efficient resolution of decedent's affairs in a single court

Order to Show Cause pursuant to CPLR 325[e] - Index Nos. 157775/16

12/01/16 Constructive trust file by NICOLLE'S Florida counsel, HAMDEN BASKIN, who waited six years to bring this claim even though the Florida Probate court had tasked the Curtaor, GARY FERNALD, with securing the inter vivos funds held by testatrix's brother ALEXANDER P. ALEXANDER by December 1, 2011. NICOLLE sought to displace the curator and hire Mr. BASKIN to secure the funds from ALEXANDER. Mr. BASKIN filed Emergency Motion insiting that the Funds could not be obatiend unless EVA was removed as Co-Personal Representative and she gave ALEXANDER a complete release. In 2011, EVA signed a settlement and was removed withotu due process or grounds, but NICOLLE failed to secure the ALEXNADER funds, even though her constructive trust motion states that ALEXANDER was happy to provide these ffunds to his sister's estate, trust or grandchildren. In 2013, EVA filed a nearly identical declaratory action before the statute of limitations on undue influence woudl run, and she asked NICOLLE to join the suit, and NICOLLE threatened to oppose EVA on the same cause of action she is filing now.

supports the pump and dump scheme described herein- by starving the estate of liquidity so that Trust is never funded, and real assets in Trust must be liquidated. The estate is prolonged and costly, while Trust assets are converted andthe testementary plan is compeltely frustrated

immediatley secure inter vivos funds procured through the undue influence of Alexander; close estate and fund trust.

Constructive Trust action and tortious Interference. Eva's Civil case. History of Settlement, Order, etc.

12/05/15 NICOLLE files an Affirmation and Brief in support of the Motion for Summary Judgment, falsely claiming she has no estate funds, when she has, in reality, breaxhed her duty to secure the ALEXANDER funds since 2011. Meanwhile her own Declaratory Motion indicates that ALEXANDER was willing to surrender the assets that were entrusted to him before he resigned as the Trustee and declined to serve as the Personal Representative of the decedent. NICOLLE annexes a menage of Florida court papers that are meant to discredit EVA, even after NICOLLE had EVA forcibly removed as Co-Personal Representative in 2011, so NICOLLE would be free to manage the estate.

Loss of New York assets to party who has ebhaved in an incocnistent manner unless viewed through the lens of the dump and pump scheme. Places vital assets in the hands of a derelict, unqualified fiduciary

Place estate funds in a court account so that the payment of creditors can be overseen by the Surrogate and New york creditors are satisfied

PREPTEST 661 JUNE 2012 EXHIBIT A

Residuary‐ Inter vivosaccounts

Estate‐ Pour Over Will

Lifetime Trust

EXHIBIT ATestator’s Estate Plan to avoid

Probate and enrich her Lifetime Trust, but the DUMP & PUMP plan

frustrates this intention

Inter vivos accounts‐ Never marshalled!

Estate‐ in constant crisis

Lifetime Trust‐ depleted during probate

By Dumping the Real Assets intended for the Trust into the Estate, the Estate gets Pumped with Assets that are liquidated to support administration costs, and the Trust is not funded (or even defuned). This scheme is enhanced by refusing to marshallavailable liquid assets- such as the inter vivosaccounts held by Alexander in this case, which were not marshalled for 6 years

PREPTEST 6 JUNE 2012 EXHIBIT B

ECB Violations Resolution Agreement

Agreement Between the City of New York, Department of Finance (Finance) and the Estate of

Paula Assimakopoulos (Payor) for payment of certain ECB violations relating to the premises

reflected on the accompanying Schedule A

Date: 11/28/2016

WHEREAS, Payor is requesting an Agreement from Finance for the payment of the violations listed on Schedule A.

WHEREAS, Payor is requesting that Finance allow Payor to pay the Resolution Amount

Due on certain violations that are in default. NOW THEREFORE, Payor and Finance agree as follows:

1. Violations subject to this agreement:

A. The ECB violations listed on Schedule A attached hereto and incorporated herein were issued to Respondent(s) indicated on Schedule A. The violations included on Schedule A were issued by City departments and agencies. The violations allege that Respondent(s) violated the City’s Administrative Code, rules or another law, rule or regulation. Such violations were adjudicated by the Environmental Control Board (“ECB”). ECB then transferred these judgments to Finance for collection.

B. JUDGMENTS The violations listed on Schedule A have all been entered into judgment

by ECB. The docketed judgment amount plus the interest that has accrued to the date of this Agreement ( minus any payments ) for the specific violation appears on Schedule A column named “Amount Due”. The total amount due of all of the judgments on Schedule A including interest that remains outstanding as of the date of this Agreement is: $71,208.36. Interest continues to accrue until payment.

2. Agreement amount:

A. Default Violations: The Default violations are violations where the ECB records show that a hearing was held but the Respondent failed to appear. As a result ECB entered a default judgment against the Respondent. The Schedule A lists the violation number, and the Amount Due on the default judgment. The schedule also lists the Resolution Value, the interest owed on the Resolution Value to the date of this agreement and the Resolution Amount Due. Under this agreement, Finance is agreeing to allow the Payor to pay the Resolution Amount Due, set forth on the Schedule A for each of the default violations. Interest continues to accrue until the violations are paid.

Eva Lana

Text Box

Urgent Amnesty Deadline- Dec 28, 2016 (perhaps Jan 15, 2017)

Eva Lana

Oval

2

B. In-violation Violations:

For judgments entered after a hearing at which Respondent(s) appeared, the Respondent will pay Finance the amount of the fine imposed plus interest. This is on Schedule A as the Amount due. Interest continues to accrue until paid.

C. Amount Due:

Therefore, under this Agreement, the Payor shall pay the amount of the total of all the default violations at the resolution amount Due plus the total of all the in-violation amounts. This amount is $16,498.66. D. The Agreement must be signed and the Resolution amount paid by 12/28/2016 or the Agreement shall be void. 3. Payment:

The payment(s) shall be made to the order of the Department of Finance, New York City and shall be mailed to New York City Department of Finance, 345 Adams Street, 3rd Floor, Brooklyn, New York--11201, ATTENTION: Esther Simon

The Payment shall be deemed to be full payment for all amounts

due from the Respondent(s) for such violations on the attached Schedule.

4. Time is of the Essence: Time is strictly of the essence for this Agreement 5. Waiver of Rights to a Hearing or to Challenge Debt Respondent gives up any further rights to challenge the alleged violations or the amounts due as follows:

Respondent waives:

Any right to challenge any of the ECB Violations listed on the

attached Schedule in any forum including waiving the right to seek to vacate the default judgments.

The right to challenge or contest an underlying ECB Violation.

Any rights to challenge or otherwise contest the fine amounts due.

Any defenses in connection with such violations including any

claims or defenses relating to failure to receive notice of such ECB Violation.

Eva Lana

Oval

Eva Lana

Oval

3

Any claims that the judgments or debt have expired or are otherwise non-enforceable due to the expiration of a statute of limitations for ECB debt.

6. The Payor acknowledges that all of the ECB violations listed on Schedule are currently due and payable and that there are no set-offs or defenses. 7. Payor and Respondent also releases the City from any claims it might have brought relating to such ECB Violations. This release shall not affect any other lawsuit, violation, claim, motion, demand, agreement, claim or any other action existing or which shall arise between the City of New York and any of its agencies or entities, and Respondent on or with respect to other matters. 8. Satisfaction of violation: When Finance receives the payment in full, the amount set forth in 2C plus any additional interest that may have accrued, the City will fully satisfy the Respondent from further liability for the violation as follows:

The City, on behalf of itself and its agencies, departments and subdivisions, shall satisfy the violations against the Respondent(s) (listed on the Schedule).

This satisfaction shall not affect any other lawsuit, violation, claim, motion, demand, agreement, claim or other action existing or which shall arise between the City of New York and any of its agencies or entities, and Respondent on any other matter.

9. No Compliance Actions Required: Payor and Respondent represent that no ECB violation listed on the attached Schedule require any further remedial action, compliance or any other action to correct a violating condition.

This debt resolution agreement relates only to the Respondent’s obligation to pay money with respect to ECB Violations listed on Schedule A.

In the event that a default violation listed on schedule A required compliance, it is

explicitly understood that the Resolution Amount will not be applicable and the full judgment amount plus interest shall be due for that violation. ( “Amount Due” Column on ScheduleA)

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10. This agreement contains all terms and conditions agreed upon by the parties for such violation. The agreement may not be changed other than in writing signed by all parties. 11. Payor represents and warrants that no payment, gift or thing of value has been made, given or promised to any Finance employee to obtain this agreement between the parties. A breach of this representation Finance shall annul this agreement and all debts owed shall immediately be due and payable. 12. By executing this Agreement, Payor acknowledges that it has read and understands it and agrees to be bound by its terms and it further acknowledges that this Agreement embodies the entire understanding of the parties and that it supersedes all other written communication between the parties concerning the violations listed on Schedule. THE CITY OF NEW YORK DEPARTMENT OF FINANCE ESTHER SIMON BY:__________________________________ NAME NAME ____________________________________ ____________________________________ SIGNATURE SIGNATURE ____________________________________ ____________________________________ TITLE TITLE ________________________ ____________________ DATE DATE

2306 Grand Avenue

Respondent Name Summons # Issued Date

Premise Address

Premise City, State Zip

Issuing Agency

Infraction Description Disposition Docket Date

Fine Amount

Net Balance Amount

Interest Amount

Amount Due

Resolution Value

Resolution Interest

Resolution Amount Due

ASSIMAKOPOULOUS PAULA X 0156938147 29‐Sep‐08

2306 GRAND AVENUE

BRONX, NY 10468 DSNY

DIRTY SIDEWALK/DIRTY AREA In Default 30‐Apr‐09 $300.00 $300.00 $204.83 $504.83 $100.00 $68.28 $168.28

PAULA Y ASSIMAKOPOULOS 0157828523 11‐Jun‐08

2306 GRAND AVENUE


DIRTY SIDEWALK/DIRTY AREA In Default 31‐Jan‐09 $300.00 $300.00 $211.41 $511.41 $100.00 $70.47 $170.47

ASSIMAHOPULOS PAULA X 0159058231 24‐Aug‐08

2306 GRAND AVENUE


FAILURE TO PROPERLY PUT RECYCLABLES OUT FOR COLLEC In Default 30‐Apr‐09 $25.00 $25.00 $17.07 $42.07 $25.00 $17.07 $42.07

ASSIMAKOPOULOS PAULAX 0159292459 22‐May‐08

2306 GRAND AVENUE



ASSIMAKOPOULOS PAULA X 0161164154 10‐Sep‐08

2306 GRAND AVENUE




2306 GRAND AVENUE



PAULAX ASSIMAKOPOULOS 0161175448 09‐Oct‐08

2306 GRAND AVENUE



ASSIMAHOPOULOS PAULA X 0161176218 06‐Oct‐08

2306 GRAND AVENUE



ASSIMOKO POULOS PAULA X 0163463237 27‐Oct‐08

2306 GRAND AVENUE



ASSIMAKOPOULOS PAULA X 0171070240 22‐Jul‐09

2306 GRAND AVENUE



11/28/2016

2306 Grand Avenue

ASSIMAKOPOULOS PAULA X 0171078097 21‐May‐09

2306 GRAND AVENUE


DIRTY SIDEWALK/DIRTY AREA In Default 31‐Oct‐09 $300.00 $300.00 $191.22 $491.22 $100.00 $63.74 $163.74

ASSIMAK OPOULOS PAULA X 0172299041 24‐Jan‐09

2306 GRAND AVENUE


SNOW,ICE & DIRT ON SIDEWALKS In Default 31‐Jul‐09 $350.00 $350.00 $231.03 $581.03 $100.00 $66.01 $166.01

PAULA ASSIMAKOPODOS 0172392000 12‐Jan‐09

2306 GRAND AVENUE



ASSIMAKO POLILOS PAULA T 0172393569 13‐Jan‐09

2306 GRAND AVENUE



ASSIMAKOPOULOS PAMLA X 0172398811 17‐Jan‐09

2306 GRAND AVENUE



ASSIMAKOPOULOS PAULA X 0172399930 19‐Feb‐09

2306 GRAND AVENUE


DIRTY SIDEWALK/DIRTY AREA In Default 31‐Jul‐09 $300.00 $300.00 $198.02 $498.02 $100.00 $66.01 $166.01

ASSIMAVOPOULOS PAULA X 0172521874 05‐Mar‐09

2306 GRAND AVENUE



ASSIMAKOPOULOS PAULA X 0172522570 04‐Mar‐09

2306 GRAND AVENUE



ASSIMAVOPOULOS PAULA X 0172522772 04‐Mar‐09

2306 GRAND AVENUE




2306 GRAND AVENUE



PAULA X ASSIMAKOPOULOS 034647389X 18‐Jun‐08

2306 GRAND AVENUE BX, NY 10468 DOB

FAILURE TO MAINTAIN BUILDING: INTERIOR In Violation 30‐Apr‐09 $800.00 $800.00 $546.21 $1,346.21 $800.00 $546.21 $1,346.21

11/28/2016

2306 Grand Avenue

ASSIMAKOPOULOS PAULAX 034759892J 17‐Apr‐09


FAILURE TO MAINTAIN BUILDING IN CODE‐ In Default 31‐Oct‐09 $5,000.00 $5,000.00 $3,186.99 $8,186.99 $1,000.00 $637.40 $1,637.40

ASSIMAKOPOULOS PAULAX 034786900Y 01‐Jul‐09


DEMOLITION WORK WITHOUT REQUIRED DEMOLITION In Default 31‐Jan‐10 $24,000.00 ######## ######## $38,753.10 $4,800.00 $2,950.62 $7,750.62

PAULAX ASSIMAKOPOULOS 034786901X 01‐Jul‐09


WORK WITHOUT A PERMIT In Default 31‐Jan‐10 $4,000.00 $4,000.00 $2,458.85 $6,458.85 $800.00 $491.77 $1,291.77

ASSIMAKOPOULOS PAULA X 034821613M 16‐Nov‐09


FAIL TO COMPLY W/COMMISSIONER ORDER TO FILE CERT O In Default 30‐Apr‐10 $4,000.00 $4,000.00 $2,371.07 $6,371.07 $800.00 $474.21 $1,274.21

$71,208.36 $16,498.66

11/28/2016

2306 Grand Avenue

11/28/2016

Previous charges $38,066.56 Amount paid $0.00Interest $1,771.63Unpaid charges, if any $39,838.19

Current charges $749.70

Total amount due by July 1, 2014 $40,587.89

Payment agreement charges you can pre-pay $154,805.86

Interest $2,066.89

Charges you can pre-pay $949.08

If you want to pay everything you owe by July 1, 2014 please pay $198,397.07

If you pay everything you owe by July 1, 2014, you would save $12.65

Mailing address:ASSIMAKOPOULOS PAULA X. C/O ESTATE OF PAULA ASSIMAKOPO11891 WALKER AVE. SEMINOLE, FL 33772-7128

95620151406060100140001YYNP�

Property Tax BillQuarterly StatementActivity through June 06, 2014

Statement Billing Summary

001400.0122425

Owner name: ASSIMAKOPOULOS PAULA X.Property address: 2306 GRAND AVE. Borough, block & lot: BRONX (2), 03198, 0012

Your Payment Agreement is in Default

ASSIMAKOPOULOS PAULA X. C/O ESTATE OF PAULA ASSIMAKOPO11891 WALKER AVE. SEMINOLE FL 33772-7128

Please include this coupon if you pay by mail or in person. 2-03198-0012 Pay today the easy waynyc.gov/payonline

Amount enclosed:

Mail payment to:NYC Department of Finance59 Maiden Lane - Agreement Section, 19th FloorNew York, NY 10038-4502

Total amount due by July 1, 2014 $40,587.89If you want to pay everything you owe by July 1, 2014 please pay $198,397.07

9562015140606 01 2031980012 0000004058789 0000019839707 140701270081001 7

#BWNFFBV#9562015140606012#

Eva Lana

Oval

Eva Lana

Oval

Statement DetailsJune 6, 2014

Assimakopoulos Paula X.2306 Grand Ave. 2-03198-0012

Page 2

You Have A Payment Installment Agreement

Agreement Agreement number date 0000000064972 05/16/2013

Originalamount due$173,908.57

Remainingamount due$190,002.35

Quarterlyinstallment amount$6,625.92

Installment payments due are $33,129.60 of total amount due by July 1, 2014

Payment Agreement Activity Date Due Date Amount

Health-Extermination 06/28/1997 $5.28

Health-Inspection 12/28/1997 $378.09 Interest $8.49

Health-Extermination 01/28/1998 $264.82 Interest $5.95

Health-Extermination 01/28/1998 $264.82 Interest $5.95Health-Cleanup 01/28/1998 $30,590.03 Interest $1,606.17* Period balance remaining $40,914.55

Total payment agreement installment due $33,129.60

Previous Charges Due Date Amount

Total previous charges including interest and payments $6,708.59

Current Charges Activity Date Due Date Amount

Finance-Property Tax 07/01/2014 $316.36

Health-Extermination 07/01/2014 $62.50 Sales Tax 03/01/2014 $5.55




Did your mailing address change?

If so, please visit us at nyc.gov/changemailingaddress or call 311.

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronicfund transfer from your account or to process the payment as a check transaction.

Pay today the easy waynyc.gov/payonline

Eva Lana

Oval



Page 3

Current Charges Activity Date Due Date Amount

Health-Inspection 07/01/2014 $85.50 Sales Tax 05/16/2014 $7.59


Total current charges $749.70

Tax Year Charges Remaining Activity Date Due Date Amount




Total tax year charges remaining $949.08

Payment Agreement Charges You Can Pre-payActivity Date Due Date Amount

Health-Cleanup 01/28/1998 $40,914.55


Health-Cleanup 04/28/1998 $4,752.22 Interest $106.69
















Page 4


Interest $1.59

























Page 5


Interest $2.17



Health-Cleanup 07/01/2009 $517.61 Interest $11.14

Finance-Property Tax 04/01/2009 $344.71 Interest $7.82





Housing-Emergency Repair 01/01/2010 $158.06 Interest $2.64


Housing-Emergency Repair 01/01/2010 $1,387.28 Interest $23.17








Housing - ERP Demolition 04/01/2010 $76,218.64 Interest $1,271.72

Housing - ERP Demolition 07/01/2010 $2,366.47 Interest $39.45

Housing - ERP Demolition 10/01/2010 $1,558.12 Interest $25.86

Health-Sanitation 01/01/2010 $1,065.69



Page 6


Interest $22.87
















Health-Sanitation 10/01/2010 $1,212.66 Interest $25.92






Health-Inspection 10/01/2010 $124.76



Page 7


Interest $2.65
















Health-Sanitation 04/01/2012 $223.29 Interest $4.71






Health-Sanitation 07/01/2012 $1,664.33



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Interest $35.10

















Total payment agreement charges you can pre-pay $156,872.75

Annual Property Tax Detail

Tax class 1B - Vacant Land, Zoned Residential Tax rate Current tax rate 19.1910%

Estimated market value $169,000 Billable assessed value Tax rate Taxes** Tax before exemptions and abatements $6,594 X 19.1910% = $1,265**

Tax before abatements $6,594 $1,265**Annual property tax $1,265**

PREPTEST 1 JUNE 2012 EXHIBIT C

PREPTEST 6 JUNE 2012 EXHIBIT D

PREPTEST 661 JUNE 2012 EXHIBIT E

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY --------------------------------------------------------------------------X NYCTL 2014-A TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian, Index No.: 157775/2016

Plaintiff, AFFIDAVIT IN SUPPORT OF CPLR 325(e)REMOVAL MOTION

-against- NICOLLE A. PANUTHOS A/KIA NICOLLE E. ASSIMAKOPOULOS-PANUTHOS AS ADMINISTRATRIX, C.T.A AND CO-TRUSTEE OF THE PAULA X. ASSIMAKOPOULOS TRUST AND HEIR AND DISTRIBUTEE OF THE ESTATE OF PAULA X. ASSIMAKOPOULOS, EVA LANA AS CO-TRUSTEE OF THE PAULA X. ASSIMAKOPOULOS TRUST AND HEIR AND DISTRIBUTEE OF THE ESTATE OF PAULA X. ASSIMAKOPOULOS, THE BOARD OF MANAGERS OF 4260 BROADWAY CONDOMINIUM, et. al.,

Defendants. --------------------------------------------------------------------------X STATE OF NEW YORK } ss: COUNTY OF NEW YORK }

EVA LANA, being duly sworn, deposes and says:

1. I am a Defendant in this action, a Successor Co-Trustee of the Paula X. Assimakopoulos Trust; and an heir and distributee of the Estate of Paula X. Assimakopoulos.

2. Paula X. Assimakopoulos was my mother, and she died on March 11, 2010.

3. The subject property, a condominium located at 160 Wadsworth Avenue, Unit 103, New York, NY 10033 (the “condominium”), is an asset of my late mother’s Estate and the Trust has a residuary future interest in that estate See Exhibit 1.

4. I have knowledge of the tax lien that is the subject of this

proceeding, as well as extensive knowledge of the affairs relating to my late mother’s trust and estate. Since 2010, there have been many disputes relating to my mother’s assets.

5. The tax lien resulted from a failure to pay real estate taxes on the condominium, which is a property my mother assigned to her inter vivos trust dated April 15, 2008. The deed was not recorded due to undue influence, sudden illness and death.

6. There are currently two pending Surrogate’s court cases relating to the condominium, namely: (1) File Nos. 1154/2012, which is the ancillary administration of my mother’s estate, and (2) File Nos. 874/2011, which is the accounting proceeding of my father’s estate.

7. My father, Nick Assimakopoulos, died intestate with Public Administrator administering his estate. Since my father predeceased my mother, my mother was a beneficiary of my father’s estate. My mother’s intestate share is approximately $115,000.00.

8. The Plaintiff here seeks an award of approximately $25,230.37.

9. The Condominium Board—-a Defendant and Cross-Claimant in this case—-also seeks payment for condominium common charges in the amount of $42,989.04. Additional monies are owed to the Condominium Board by the estate for a second property.

10. On October 28, 2016, the Public Administrator filed a Motion for Summary Judgment in File Nos. 874/2011, to which she annexed the Complaint in the instant case—thereby conjoining these matters by urging that $50,000 from my father’s estate be used to pay the tax debt in the instant case. Such a piecemeal solution will not fully resolve this case.

11. Adjudicating claims in this forum involving res that is the subject of pending Surrogate’s Court cases will undoubtedly raise costs and create delays, or even inconsistent rulings, which could cause the loss of assets.

12. I have not had a previous Order to Show Cause regarding this case nor have I made a prior application for this relief.

WHEREFORE, I pray that this case be removed pursuant to

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY --------------------------------------------------------------------------X NYCTL 2014-A TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian, Index No.: 157775/2016

Plaintiff, MEMORANDUM OF LAW IN SUPPORT OF CPLR 325(e) REMOVAL MOTION

-against- NICOLLE A. PANUTHOS A/K/A NICOLLE E. ASSIMAKOPOULOS-PANUTHOS AS ADMINISTRATRIX, C.T.A AND CO-TRUSTEE OF THE PAULA X. ASSIMAKOPOULOS TRUST AND HEIR AND DISTRIBUTEE OF THE ESTATE OF PAULA X. ASSIMAKOPOULOS, EVA LANA AS CO-TRUSTEE OF THE PAULA X. ASSIMAKOPOULOS TRUST AND HEIR AND DISTRIBUTEE OF THE ESTATE OF PAULA X. ASSIMAKOPOULOS, THE BOARD OF MANAGERS OF 4260 BROADWAY CONDOMINIUM, et. al.,

Defendants. --------------------------------------------------------------------------X

This memorandum of law is respectfully submitted in support of Defendant, EVA LANA’s motion for an Order removing the instant case from Supreme to Surrogate’s Court pursuant to CPLR 325(e).

1. On October 6, 2015, Plaintiff commenced an action in this court with Index Nos. 850293/2015 by allegedly serving the decedent, Paula X. Assimakopoulos, who died on March 11, 2010. Since service upon a deceased person is a nullity, the case was discontinued on August 18, 2016, restyled as the current case, and refiled on September 16, 2016.

2. The tax lien and real property that are the subject of this case affect the property of a decedent. The decedent’s real assets are subject to the jurisdiction of the Surrogate’s Court of New York County. See New York Surrogate’s Files Nos. 1154/2012 & Nos.874/2011; and annexed Affidavit.

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3. Since the Surrogate’s Court of New York has already exercised its jurisdiction over the real property being foreclosed by this action (i.e., the condominium at 160 Wadsworth Avenue, Unit 103, New York, NY 10033, hereinafter the “condominium”); and since the taxes on said property are a cost of the administration of this property, this case is subject to removal pursuant to CPLR 325(e), which states in relevant part:

“§ 325. Grounds for removal: (e) From supreme court to surrogate's court where decedent's estate affected. Where an action pending in the supreme court affects the administration of a decedent's estate which is within the jurisdiction of the surrogate's court, the supreme court, upon motion, may remove the action to such surrogate's court upon the prior order of the surrogate's court. The right of jury trial shall be preserved in the subsequent proceedings.” Civil Practice Law and Rules 325

4. “The Supreme Court and the Surrogate's Court have concurrent jurisdiction over the administration of a decedent's estate. However, whenever possible, all litigation involving the property and funds of a decedent's estate should be disposed of in the Surrogate's Court” (Cipo v. Van Blerkom, 28 AD3d 602 (2nd Dept. 2006). (emphasis added).

5. “The Supreme Court upon motion, may transfer an action to the Surrogate's Court where an action pending in the Supreme court affects the administration of a decedent's estate which is within the jurisdiction of the surrogate's court” (CPLR 325(e); see N.Y. Const, art VI, § 12(f); § 19(a); Goodwin v. Rice, 79 AD3d 699 (2d Dept.2010). Moore v Holland, 48 Misc 3d 1222(A)(Sup Ct 2015).

6. Surrogate's Court has a duty to accept transfer to Surrogate's Court of action pending in Supreme Court if so ordered by Supreme Court. In re Meister's Estate, 55 Misc.2d 1050, 287 N.Y.S.2d 511 (1968).

7. “The institution of an action in the Supreme Court is not a basis for denial of the transfer. On the contrary it is now settled law in this department that the Supreme Court of its own motion will refuse jurisdiction so as to concentrate the

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administration of estates in the Surrogate's Court.” In re Pollak's Estate, 183 Misc 671, 672 (Sur Ct 1944)citing Matter of Ranft's Will, 268 App.Div. 136, 49 N.Y.S.2d 125.(emphasis added).

8. “The statute under which action pending in Supreme Court which affects administration of decedent's estate may be transferred to Surrogate's Court which has jurisdiction over estate is designed to expedite settlement of estates, and to foster judicial economy by permitting free transfer of actions affecting estate to Surrogate's Court, which presumably has calendar less subject to delays.” Berger v. Ickovicz, 175 Misc.2d 677, 669 N.Y.S.2d 488 (1998).

9. It is an undisputed fact that the outcome of this case will affect the administration of the decedent’s estate and trust, since the two are intertwined. See Exhibit 1, annexed to Affidavit.

10. In Trask v. Cohen 72 A.D.2d 549, 420 N.Y.S.2d 724 (2nd Dept. 1979), an “inter vivos trust was so intimately connected with decedent's estate that dispute over debts allegedly owed to

estate affected the administration of the estate; thus, action by coexecutor of estate against other coexecutor was not improperly transferred to surrogate's court.”

11. The Surrogate’s Court file reveals a number of disputes relating to the decedent’s affairs; the distribution of decedent’s property (as between the decedent’s trust and estate); and the personal representative’s frustration of the decedent’s testamentary plan. See Affidavit. Such complex matters can be resolved more easily by removal to the Surrogate’s Court, where a global resolution of the affairs of the decedent can be achieved.

12. In a similarly complex case, it was held that the “Supreme Court should have transferred action by specific devisee of real property to declare void a contract for sale of the property to Surrogate's Court since alleged wrongs asserted by devisee concerned attempted conversion of assets of testatrix and partial frustration of her testamentary plan.” Nichols v. Kruger, 113 A.D.2d 878, 493 N.Y.S.2d 605(2nd Dept. 1985).

13. Moreover, since the monies required to settle this case will

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originate in a related accounting for another estate (File Nos.874/2011), which is pending in Surrogate’s Court; and since the decedent’s representatives and main creditors are parties to this action; it is clear that the outcome of this case will effect cases pending in Surrogate’s Court. Thus, removal is proper here, just as it was in Norton v. Marine Midland Trust Co. of Southern New York,72 A.D.2d 633, 421 N.Y.S.2d 148 (3 Dept. 1979):

[T]he fact that the funds from the accounting of the father’s estate are flowing into Where petition for final accounting was pending in surrogate's court in estate of mother and petition for accounting of trusts created by will of father was also pending in the same court, where the same parties were representatives in the accounting proceedings before the surrogate's court and were parties defendant in the Supreme Court, and where the outcome of the Supreme Court action would affect administration of each estate, removal of such action to the surrogate's court was proper.

14. “In order to properly effectuate transfer of action pending in Supreme Court … to surrogate's court, … petitioner was required to make appropriate motion in Supreme Court, … not in surrogate's court. Matter of Estate of Weinberg (2 Dept. 1986) 125 A.D.2d 398, 509 N.Y.S.2d 119 (2nd Dept. 1986).

15. “Administrator … was not required to seek Surrogate's Court's consent prior to making motion to transfer consolidated actions … from Supreme Court to Surrogate's Court, despite statutory requirements to the contrary, given the Supreme Court's authority under the State Constitution to effect the transfer without Surrogate's Court's prior consent. DiTomasso v. Plaza Apartments, Inc., 30 Misc.3d 655, 913 N.Y.S.2d 504 (2010). WHEREFORE it is respectfully requested that the Court grant the removal of this case from Supreme to Surrogate's Court pursuant to CPLR 325(e), together which such other relief as the Court deems proper.

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_____________________________

Eva Lana, Pro Se Defendant; dated: December 1, 2016 Co- Trustee of the Paula X. New York, NY Assimakopoulos Trust; Heir & Distributee of the Paula X. Assimakopoulos Estate 99 Hudson Street, Fl. 5 New York, NY 10013 Tel 646.206.4396 Fax 646.304.9009

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Eva Lana

Pencil

P X ASSIMAKOPOULOS 1154/12 EXHIBITS for RESPONSE TO AFFIRMATION PAGE 85


















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