SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

The Island Now

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

TELEGRAPH LLC,

Plaintiff,                           

SUMMONS

Index No.615257/2018

against

TOWER PLACE REALTY, INC., FREDERIC CARLTON, JOHN D. NICOLELLO TRUST, JOSEPH        H. NICOLELLO, TRUSTEE, SUSAN BERNTHEISEL, HAYDEN CARLTON A/K/A T. HAYDEN CARLTON,      MISTER CARLTON, NEW YORK STATE

DEPARTMENT OF TAXATION & FINANCE, JOHN                              

DOE AND JANE DOE and all other Persons having or claiming an interest in property commonly known as 8 Tower Place, Roslyn, New York 11576, Defendants.               

Plaintiff designates Nassau County as place of trial.

The basis of venue is: Nassau County is the county in which the subject property is located.                    

To the above-named Defendant:

You are hereby summoned to answer the verified complaint in this action and to serve

a copy of your answer or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff’s Attorney(s) within 20 days after the service of this summons exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein.

Dated: Uniondale, New York

November 12, 2018

FORCHELLI DEEGAN TERRANA LLP

Attorneys for Plaintiff/s/Danielle B. Gatto

By: Danielle B. Gatto

The Omni

333 Earle Ovington Blvd.,

Suite 1010

Uniondale, New York 11553

(516) 248-1700

BRIEF STATEMENT OF THE OBJECT OF THE ACTION AND DESCRIPTION OF THE PROPERTY

This action is brought pursuant to Article 15 of the Real Property Actions and

Proceedings Law (‘RPAPL’) to compel the determination of claims to the real property located at 8 Tower Place, Village of Roslyn, Town of North Hempstead, County of Nassau, New York 11576, Section 7, Block B, Lot 17 on the Nassau County Land and Tax Map (‘Property’); to declare plaintiff Telegraph LLC as the lawful owner vested with absolute and unencumbered title in fee to the Property; to declare that all other persons’ claims to an estate or interest in the Property, including all of the Defendants’ claims and each of them and every person claiming under them or under any of them, to an estate or interest in the Property, have been adjudged invalid; to declare that all such persons are forever barred from making or asserting any claim to an estate or interest in the Property; and, to the extent necessary, to secure the cancellation and discharge of record of a mortgage recorded against the Property on or about November 15, 1996

by the Nicolello Trust in the Nassau County Clerk’s Office in Liber 17665 pages 205-21, which, upon information and belief, was purchased by defendant Susan Berntheisel pursuant to a note purchase agreement on or about August 3, 1998, which affects the Property.

The foregoing summons is served upon you by publication pursuant to an order of the Honorable Denise L. Sher A.J.S.C. dated February 13, 2019

RT #150415

4X 2/22, 3/1, 3/8, 3/15/2019

#150415

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