SHORT FORM ORDER/JUDGMENT

SUPREME COURT - STATE OF NEW YORK

CIVIL TERM - IAS PART 34 - QUEENS COUNTY
25-10 COURT SQUARE, LONG ISLAND CITY, N.Y. 11101

P R E S E N T : HON. ROBERT J. MCDONALD

Justice
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J&T PARTNERS, LLC, THOMAS TSONGAS, Index No.: 23449/09
IRENE TSONGAS KAPETANOS, GUS TSONGAS
and LINDA TSONGAS LADOPOULOS, Motion Date: 2/4/10

Plaintiffs, Motion No.: 12

- against - Motion Seq.: 1

CHARLES KAPLAN, RUBEN LEVY, SELMA

SWEDLICK and THE REGISTER OF THE CITY
OF NEW YORK, QUEENS COUNTY,

Defendants.
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The following papers numbered 1 to 4 were read on this motion by

the plaintiffs is resolved as follows:

Papers
Numbered

Plaintiffs' Notice of Motion-Affirmation-

Affidavit(s)-Service-Exhibit(s) 1-4
_________________________________________________________________

Plaintiffs, by notice of motion, seek an order of the Court,

granting them a default judgment against defendants pursuant to
CPLR § 3215(a); and, canceling and discharging a private mortgage
in the sum of $75,000.00 dated June 24, 1976, against the premises
known as 68-20/30 Roosevelt Avenue, Woodside, NY, Block 1300, Lot
31.

On June 24, 1976, plaintiff, Thomas Tsongas and an individual

named John Kampas were conveyed interest in the above mentioned
premises. On June 24, 1976, plaintiff Thomas Tsongas and John
Kampas borrowed $75,000 and gave a purchase money mortgage to
defendants Kaplan, Levy and Swedlick which was recorded on June 30,

1
1976 in Reel 917, pages 119, 120, 121 and 122 in the Office of City
Register, Queens County.

On March 15, 1999, Thomas Tsongas and John Kampas transferred

their interest in the premises to J&T Partners, LLC. On May 21,
2007, John Kampas transferred his fifty (50%) percent interest in
J&T Parnters, LLC to Irene Tsongas Kapetanos, Gus Tsongas, and
Linda Tsongas Ladopoulos. John Kampas no longer has an interest in
J&T Partners, LLC or said property.

The terms of the mortgage were for ten (10) years, payable at
eight and one-half (8 ½%) percent at a monthly payment of $929.90.

Plaintiffs maintain that every installment has been made from

the date of its execution on June 24, 1976 until the date it
matured on July 24, 1986.

Plaintiffs also contend that there has been no satisfaction of

mortgage received from defendants although requests have been made,
and as such, a cloud remains on the title.

Defendants have failed to appear and answer the complaint and

the statute of limitations to commence an action to foreclose on
the mortgage has expired (RPAPL § 1501(4); CPLR § 213(4)).

Accordingly, plaintiffs motion for a default judgment in favor

of plaintiffs as against defendants is granted; and, it is further

ORDERED AND ADJUDGED, the debts or other obligations secured

by the aforesaid mortgage be canceled; and, it is further

ORDERED AND ADJUDGED, that the Register of the City of New

York, County of Queens is directed to mark the mortgage dated June
24, 1976 in the sum of seventy-five thousand ($75,000.00) dollars,
recorded in his office in Reel 917, pages 119, 120, 121 and 122 on
June 30, 1976 against the premises known as 68-20/30 Roosevelt
Avenue, Woodside, New York, Block 1300, Lot 31, canceled and
discharged of record upon the production and delivery to the
Register of the City of New York, County of Queens, a certified
copy of this Order/Judgment with Notice of Entry plus payment of
statutory fees required for the recording of this Order/Judgment.

Dated: Long Island City, N.Y.

February 8, 2010

______________________________
ROBERT J. MCDONALD
J.S.C.