The case filed against Deidra Galloway 425 Clinton_ Kings

1. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 1 of 106 PageID #: 5 SI'PREME COURT OF TIIE STATE OF NEW YORK COTJNTY OF KINGS ----x \bb81pq EARL R. DAVIS, VINCENT LONGOBARDI EDDIE DORAN lndex NO Plaintiff VERIFTED COMPLAINT *against- Block:01961 Lot: 0016 DEIDRA GALLOWAY, Individually and as Co-Conservator and Co-Administrator of The Estate of Julia T. Saunders, KATHRYN ELISE SOSA, Individually and as Co*Administrator of The Estate of Julia T, Saunders, ANGELICA PLUMMER, Individually and As Surviving Heir/Beneficiary/Distributee of Julietta Plummer Jackson, THE NATIONAL ARCHITECTURAL TRUST, INC., SANTANDER BANK flkla SOVEREIGN BANK flkla INDEPENDENCE COMMLINITY BANK INTERNAI REVENI'E SERVICE-IINITED STATES OF AMERICA, NEW YORK STATE DEPARTMENT OF TAX ATION and FINANCE -Tax Compliance Divis ion, All the heirs at law, next of kin, distributees, devisees, grantees, trustees, lienors, creditors, assignees, and successors in interest thereofofthe aforesaid classes ofperson, ifthey or any ofthem be dead, all of whom and whose names and places of residence are unknown to the Plaintiff of Julia T. Saunders a/k/a Julia Etta Saunders and Henly T. Saunders Jr., Henry T. Saunders III aka Henry Thomas III, Julietta Plummer Jackson Defendants, x Plaintiff Earl R. Davis, (hereinafter referred to as '?laintiff'), Pro Se, as for the Verified Complaint (hereinafter the "Complaint") complains ofthe defendants above named and alleges:

2. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 2 of 106 PageID #: 6 Defendants, Deidra Galloway, in her individual Capacity and as Co-Conservator and as Co-Administrator of The Estate of Julia T. Saunders alValuliaTaylor Saunders a/k/a Julia Efta Saunders (ai all times hereinafter urentioned "Galloway'') Kathryn Elise Sosa, in her individual Capacity and as Co-Administrator of The Estate of Juiia T. Saunders a/r/aJukaTaylor Saunders aya lultaEtta Saunders (at ail times hereinafter mentioned "Sosa") Angelica D. Plummer, in her individual capacity, as Surviving Heir/Beneficiary/Distributee of Julietta Plurnmer Jackson (at all times hereinafter mentioned Angelica"), The National Architectural Trust, fnc., a non- profit 501(cX3) organization, organized under the laws of the United States of America (at all times hereinafter mentioned 'National Architecfural"), Santander Banh flkla Sovereign Bank f/lc/a Independence Cornmunity Bank, a national association, organized under the laws of the United States of America, fnternal Revenue Service-United States of America and New York State Department of Taxation and Finance are made, a party to this action as possible holder of a lien which is subordinate to that of the plaintiff collectively referred to as "Defendants"), alieges as follows: PARTMS. JURTSDICTION. AND VENIIE 1. The Plaintiff is a natural person residing in the state of New York. Z. Upon information and beliet at all times mentioned and at the date of the commencement ofthis action, defendant Galloway, is a natural person, who is being sued in her individual capacity, and as Co-Conservator, pursuant to Kings County Supreme Court Index #:99144/1991 and as Co- Administrator of The Estate of Julia Saunders, alkla JaliaT. Saunders alkiaJuliaTaylor Saunders a/lr/a Julia Etta Saunders, pnrsuant to.Kings County Surrogates Court File #: 2013-2887 and is conducting business in Kings CountY'

3. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 3 of 106 PageID #: 7 3. Upon information and belie{ at all times mentioned and at the date of the commencernent of this action, Defendant Sosa, is a natural person, who is being sued in her individual capacity and as Co-Administrator of The Estate of Julia T. Saunders, alkla Julia Taylor Saunders a/klaJuliaF.tta Saunders, pursuant to Kings County Sunogates Court File #:20L3-2887 is conduoting business in Kings County. 4. Upon information and belie4 at all times mentioned and at the date of the commencement of this action, Defendant Angelica is a natural person, who is being sued in her individual capacity as Surviving HeirlBeneficiary/Distributee of Julietta Plurnmer Jackson, and is conducting business in Kings County. 5. Upon information and belief, at all times mentioned and at the date of the corunencement of this action, Defendant The National Architeclural Trust, Inc., is a non-profit 50i(c)(3) organization, organized and existing under the laws ofthe United States of America, who is being sued in its organization capacity and is conducting business in Kings Counfy, 6. Santander Bank flkla Sovereign BankflHalndependence Community Bank, a national association, organized under the laws of the United States of America and is conducting business in Kings County. 7. Upon information and belief, at all times mentioned and at the date of the commencement of this action, Defendant Intemal Revenue Service, is organized and existing under the laws of the United States America and is conducting business in Kings County. 8. Upon information and belief, at all times mentioned and at the date of the commencement of this action, Defendant New York State Department of Taxation and Finance, is organized and

4. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 4 of 106 PageID #: 8 existing under the laws ofNew York state and is conducting business in Kings county' g, At all times herein mentioned, the Defendants are subject to the jurisdiction of this Court pursuant to CpLR $ 301. This Court has jurisdiction since the acts and transactions complained of took place in the state ofNew York and ihe claim sued upon arose in whole or in part in the Siate of New york. All Defendants reside in, can be found in, have agents in, transact, or have transacted their aftairs in whole or in part in the state of New York. 10. venue is properly cited in Kings county as the location of the real properly that is the subject of this complaint, and the location of the acts complained of. 12. The record ownef of the parcel of real properly located at 425 Clinton Avenue, Brooklyn (Block: 01961 - Lot: 0016) (the'?roperty''), pursuant to a deed dated June 30, 1965 and recorded in The Kings county Department of Finance/official Records on July 6,1965 was Henly T' Saunders Jr and Julia T. Saunders ,,His wife,,. upon inforrnation and belief Henry T. Saunders Jr., predeceased .,His wife'l Julia T. saunders and by "operation of Law" as "surviving Tenant by The Entirety'' a fee simple interest solely vested in Juiia T' Saunders' A copy of the Deed is attached hereto as ("Exhibit A") and made a material part hereto' 13. On February l7,I}}z,Julia T, saunders died in North carolina "Intestate"' l4.Uponinformationandbelie{acontributingfactortoherdeathwasAlzheimer,sDisease. 15. Upon information and belief, at the time of her death, Julia T' Saunders, had four surviving Children: Deidra Galloway ("Ga11oway''), Kath4m Elise Sosa ("Sosa")' Julietta Plummer Jackson

5. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 5 of 106 PageID #: 9 ("Julietta"), and Henry Thomas Saunders III ('T{enry''). A copy of a Family Tree Diagram is attached hereto as ("Exhibit B") and made a material part hereto. 16. By "Operation of Law" upon the intestate death of Julia T. Saunders "Decedent", title as to an undivided ownership interest wouid have passed to her surviving distributees as follows: Galloway 25Yo, Sosa25%o,Iulietta25o/o, and Henry 25%. Allparties owning an undivided interest, 17. On October L8,2002 Henry T, Saunders iII, died a resident of Kings County, "Intestate", i8. At the time of his death ("Henry"), was survived by his wife Cynthia Jordan, who post deceased on January 31, 2005 and tbree Children Julia Crystal-Rose Saunders, ("Crystal"), Johnathan E. Saunders ("Johnathan") and Bahe Saunders Aldean ("Bahe"). 19, By "Operation of Law" upon the intestate death of "Henry'' and the post-deceased death of his surviving spouse Cynthia Jordan, title as to his undivided ownership interest would pass to his surviving distributees as follows: ("Crystaf'), ('Tohnathan") and ("Bahe"), each as to an 8.33333333% undivided ownership interest. 20. On August 26,2012, Julietta Plummer Jackson, died a resident of Kings County, 'Tntestate". 21. Althe time of her death ("Julietta"), had two surviving children Lloyd Plummer ("Lloyd"), and Angelica D. Plummer ("Angelica"). 22,By "Operation of Law" upon the intestate death of "Julietta'?, title as to her undivided ownership interest would pass to her two surviving distributees as follows: ("Lloyd") and ("Angelica"), each as to a l?.SYoundivided ownership interest. 23. Anor about September 4, I99I Defendant Galioway filed in Kings County Supreme

6. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 6 of 106 PageID #: 10 Couri under Index #: 99144/1991, an Application to be duly appointed Co-Guardian of '?roperty" for Julia T. Saunders. 24.Ilponinformation and belief Julia T. Saunders was severely suffering fi'om Alzheimer's disease and upon information and belief suffered from Alzheimer's disease for at least the last 20 years ofher 1ife. 25. An Order datecl May 21, 1992, deemed Julia T. Saunders incompetent and appointed Defendant Galloway Co-Guardian of Property dBond. 26, Upon information and belief at some point during the year of 1992, at ieast ten years prior to her death, Julia T. Saunders relocated to North Carolina to live out the final years of her life and had never retumed to New York City, specifically Kings County, any time thereafter prior to her death. 27. OnJanuary 3I, lggl,Julia T. Saunders allegedly executed a Statutory Power of Attorney to Defendant Galloway, thereby separately appointing Defendant Galloway as her "Agent". Said '?OA" was allegedly executed by Julia T. Saunders, as "Principal" and recorded in The Kings county Department of Finance/official Records on February 2,7996. A copy of the Statutory POA is attached hereto as ("Exhibit C") and made a material part hereto. 30, On January 29,Iggl,exactly two days prior to the execution of the purported POA, a (.,Deed',) was drafted to convey a 50o/o undivided ownership interest n 425 Clinton Avenue, Brooklyn, to defendant Galloway for $0.00 consideration. Said Deed was executed simultaneousiy with the purported POA on January 3 1 , 1996 ReeyPglFite 3647 /1gI . A copy of the POA is attached hereto as ("Exhibit D") and made a materiai part hereto.

7. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 7 of 106 PageID #: 11 31 , On September 17 ,2003 Defendant Galloway obtained a Credit Line Mortgage in the amount of $200,000.00 from Santander Bank f/lc/a Sovereign Bank f/lcia Independence Community Bank. This Mortgage was recorded in the Kings County Department of Finance/Official Records on January 12,2004 CRFN #: 2004000017532. A copy of the Mortgage is attached hereto as ("Exhibit E") and made a material part hereto. 32. On July 8,2005 Defendant Galloway obtained a second Credit Line Mortgage in the amount of $100,000.00 from Santander Bank f/lcla Sovereign Bankf/rJa Independence Community Bank. This Mortgage was recorded in the Kings County Deparhnent of Finance/Official Records on August 22,2005,CRFN #: 2005000 412197. A copy of the Mortgage is attached hereto as ("Exhibit F') and made a material part hereto. 33. Upon information and belief, Defendant Galloway and Burris has never obtained an Order ftom the Guardianship proceeding allowing the conveyance of any "Real Property" specificaily the demised premises in which is the subject of this action. 34. On or about June 20, 2014 twelve years after the death of Julia T. Saunders, Defendant Galloway, under lndex #:2887-2013 applied to be appointed Co-Adminiskators of the Estate of Julia T. Saunders and on March 10, 2015 a Decision-Decree Appointing Adminishators was issued by the Honorable Diana A. Johnson 35. Upon information and belief, prior to the issuance of a Decree, during a general return date, the Grahdchildren in who irppeared before the court became aware that Defendant Gailoway,' had owned a 50Yo interest of decedents "Real Property" 425 Clinton Avenue, Brooklyn.

8. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 8 of 106 PageID #: 12 36. Plaintiff, is an Investor/Purchaser of "Fractional Undivided Ownership Interest" in resideniial and commercial real estate assets, involving highly complex real estate litigation/title claims. 37. Upon a diligent inquiry/investigation, Plaintiff determined through sound opinion, experience and expert legal advice, that the POA, allegedly executed by Julia T, Saunders to Defendant Gailoway, was an entirely counterfeit/fals ifi ed instrument. A copy of an "Opinion Letter" and its habits is attached hereto as ("Exhibit G") and made a rnaterial part hereto. 39. If the POA aliegedly executed by Julia T. Saunders was a counterfeit/falsified document from the very begiruring, the conveyance of any percentage or the encumbrance of the demised premises by Defendant Galloway in her "Agent Capacity'' based upon the purported POA, is not voidable in the contents of the law but "void ab initio" (i.e. to be treated invalid from the outset/from the beginning) 40. Based upon Plaintiffs frrdings, had Defendant Galloway not commiited such acts of identity theft and forgery, the surviving Distributees of Julia T. Saunders, would/should have inherited an undivided ownership interest by "Operation of Law" as follows: ("Galloway") 25Yo, ("Sosa") 25%, ("Julietta") 25o/o, and ("Henry") 25Vo. 41. On November 7 ,20L6 ("Lloyd') executed a Deed conveying his undivided ownership to ERD Hoidings, Inc., a Corporation, in which PlaintiffEarl R. Davis, is a principal investor and serves as its Chief Executive Officer. Said deed was recorded in the Kings Counfy Department of Finance/Official Records on December 23.,2016 rmder CREN#: 20i6000455350 A copy of the Deed is attached hereto as ("Exhibit H") and rnade a material part hereto.

9. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 9 of 106 PageID #: 13 42, Hoping to reach an applicable resolution, on November 11, 2016 Plaintifl Earl R. Davis contacted Defendant Galloway informing her of the recent purchase of Lloyd's interest and asking her to refurn the call to discuss in greater detail. 43. Between November 12,2016 and March 4,2017 Plaintiff Earl R. Davis and Defendant Galloway, engaged in a series of text messages to no resolution, which is now the basis of this insist action, A copy of those text messages is attached hereto as ("Exhibit I") and made a material part hereto. 44, Upon information and beliefDefendant Galloway engaged in an on-gong scheme to intentionally defraud the ward for self-benefit through an otherwise elaborate, deceitful, financial con to solely benefit and enrich hersel{ with the clear intentions to defraud and disinherit her very only family members. 45. On March 3,2077 ERD Holdings, Inc., conveyed its interest of 12.5% to Vincent Longobardi and Eddie Dorn, each as to a 3.125% interest and Earl R. Davis, as to a 6.25% interest, all interest undivided. 46. Said Deed is pending recording in the Kings Counfy Department of Finance/Official Records. A copy of the Deed is attached hereto as ("Exhibit J") and made a material part hereto. 50. On March 15,2017 ("Crystal") and ("Jonathan"), collectively executed a Deed conveying their combined 16.6666667%owdivided ownership interest to Eddie Dorn, 51. Said Deed is pending recording in the Kings County Department of Finance/Official Records. A copy of the Deed is attached hereto as ('(Exhibit I(") and made a material part hereto. 52. On March 16, 2017 ("Bahe") executed a Deed conveying his 8,33333333% undivided ownership interest to Eddie Dorn. 53. Said Deed is pending reoording in the Kings County Department of Finance/Official Records. A copy of the Deed is attached hereto as (o'Exhibit L") and made a material part hereto.

10. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 10 of 106 PageID #: 14 54. On April 3, 2016 Eddie Doran, executed a Deed conveying his combined acquiled undivided interest from ("Crystaf'), ("Johnathan") and ('tsahe") of 25o/o to Vincent Longobardi, Eddie Doran and Earl R. Davis, each as to an undivided ownership interest of 8.3334%. 55. Based upon the various purchases of Interest by the Piaintiff, Plaintiffnow owns the following 'Undivided Ownership Interest" in the subject premises 425 Clinton Avenue, Brookipr as follows: Earl R, Davis l4.5834yo, Vincent Longobardi and Eddie Dotan, each as to a 1i ,4584% 56, It is simply impossible for Defendant Galloway to realistically claim to be a bona fide title owner to an undivided ownership interest of 62.5%. AND FOR TIIE FIRST CAUSE OF ACTION F'raud-Deid ra Galloway 57, The Plaintiff repeats and re-alleges the allegations in each paragraph set forth above and incorporated by reference as if fully set forth herein. 58. A Conveyance based upon a counterfeit document is not an instrument of transfer in regard to any right, title, or interest in property and therefore has no value, 59. A counierfeit document is made as an exact imitation of something valuable or importance with intention deceive or deAaud. The purported POA is a fake, forgery and imitation. 60. On or about May21,1993 a Court of Competent Jurisdiction issued an order deeming Julia T. Saunders incompetent and appointed Defendant Galloway "her daughter" as Co-Conservator. 61. On January 31, 1996 Defendant Galloway appears to claim Julia T. Saunders, the'very same individual in whom was deemed incompetent nearly 3 years earlier, executed a "Statutory Power

11. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 11 of 106 PageID #: 15 of Attorney''appointing her as agent. 62. Any such document of this nature is an absolute nullity as any Contract by a Ward while under a conservatorship are consequently void. Only when an individual has the capacity to do so he or she may draft alegal document, cailed a power of attorney, to give authority to another individuai to act on his/or behalf. Given the court appointment of Defendant Galloway, the ward could not have had the cognitive or comrrrunicative capacity to make decisions for herself or give infonned consent for personal medical, or financial affairs. 63. Upon information and beliet the initials on the POA granting specific authority to Defendant Galloway are not the initials of Julia T. Sarurders. 64. Upon information and belief, Julia T. Saunders did not reside in New York State nor did she visit New York State in 1996 when the purported POA was allegedly executed. 65. Defendant Galloway could not irave legally acted as the ward's agent via POA in 1996, after her appointrnent in 1993 as Co-Conservator. 66. The record clearly reflects, Julia. T. Saunders was incompetent and the POA allegedly executed, even in its counterfeit nature does not serve subsequent disability or incompetence of the principal. Accordingly, subdivision Qri) of the POA states the following: if the blank space in the box to tlte right is initialed by the principal, this power of attorney shall not be afficted btrt the subsequent disaQility or incompetence of the principal; Un-initialed [ ] 67. Defendant Galloway, was so excited by greed she obviously forgot to initial subdivision N. 68. Even if the court concluded with the assistance of David Blaine, Julia T. Saunders magically signed the POA, the court can't ignore the ultimate fact, without initialing subdivision ${)

12. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 12 of 106 PageID #: 16 that the pOA was not in ftll force and effect given her incompetency at the time of the alleged execution. 69. Furthermore, the shiking exact similarity of signatures between the aileged POA principal Julia T. Saunders and Defendant Galloway's signature as agent, even a blind man can see are exactly same. 70, Self-dealing is simply not tolerated in the relationship between a fiduciary whose interest he or she is to protect. 71. A Conservator cannot, by POA divest themselves of any required legal responsibilities' 72. Defendant's Galloway is a classic notorious paper tenorist who has used the stroke of a pen to steal not only from her elder mother but from her immediate family. 73. As Co-Conservator, Defendant Galloway was appointed by the court to inanage the affails of someone who, due to mental or health problems, lacked the capacity to manage her own affairs' Tnstead, Defendant Galloway took advantage by engaging in obvious brazen conduct of self- dealing to solely benefit herse$ even if it meant depriving relatives of their rightful inheritance. 74. As far as personal properly is concerned, guardians and conservators have free reign to seli and transfer the ward's assets without court approval. However, it's a different matter altogether for real estate. A guardian or conseryator can only sell, lease or mortgage real estate of a ward by court license. The methodology to obtain such a license is akin to that of an estate fiduciary (n.b. notice requirements, sale amount, description ofproperfy, etc')' In fact the stafutes which provide the manner in which conservators and guardians are permitted to sell a ward's real estate directly incorporates by reference the "descent and distribution" statutes which

13. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 13 of 106 PageID #: 17 describe the required framework Sales to Pa:t Debts. If the personal property is tnsfficient to pay debts or expenses, then a guardian or conservator may be licensed to sell real estate of a ward. Salesfor Maintenance or Investrrnent. The applicable statute provides very broad discretion in utilizing this aption. 75. This procedure is used more frequently than the other when property of a ward is being sold. However, although the motivation for the sale differs, the same methodology applies for purposes of obtaining the license. 76. Under either instance, full details of the guardian's or conservator's authority should be described in the execution of the deed with reference to the license, its date, the authorization by the supreme court and the docket number for the case. 77. Leases or mortgages of a ward's real estate must be simiiarly approved by the court. 78. To avoid obtaining a License to Sale, Defendant Galloway acted alone to steal the rightftl identity of the ward by creating a fraudulent, terribly counterfeit document to deprive the Ward of her rnost valuable asset. 79. Defendant Galloway has engaged in and demonstrated a pattern of crcating falsified documents and therefore, should noi reap the "fruits of her fraud/deceit" AND AS FOR THE SECOND CAUSE OF ACTION Declaratory Judgement- As to Deidra Galloway, The National Archltectural Trust, fnc. and Santander Bank flk/a tMa Sovereign Bank f/k/a'Independence Community Bank 80. The Plaintiff repeats and re-alleges the allegations in each paragraph set forth above

14. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 14 of 106 PageID #: 18 and incorporated by reference as if fully set forth herein. 81. This claim is brought put'suant to Article 15 of the Real Properly Actions and Proceedings Law of The State ofNew York to compel the detennination of claims to real property hereinafter described and set forth. ALL that certain plot, piece, or parcel of land, situate, lying and being in the Borough of Brooklyn of the City of New York, Caunty of Kings and State of NewYork, bounded and described asfollows: to wit:- BEGINNING at point on the easterly side of Clinton Avenue, old line, distant three hundred andJifty-two feet, three inches northerlyfrom the cornerformed by the intersection of the easterly side of Clinton Avenue with the northerly side of Gates Avenue; running thence easterly parallel with Gates Avenue, twenty-four feet, to the distance through a party wall, one hundred and twenty feet, to the easterly stde of Clinton Avenue, and thence southerly along the easterly side of Clinton Aventrc, twenty-fourfeet, ten and one half inches to the point or place of beginning. The premises more commonly described as: 425 Clinton Avenue, Brooklyn, N.Y. 11238 (Block: 01961 Lot: 0016) 82. Defendant Galloway in her attempt to defraud the ward, did so knowingly and intentionally, with no regard for the law and/or the entitlement of others by engaging in self-dealing via the transfer of a 50o/o interest in the Ward's real property known as 425 Clinton Avenue, Brooklyn. 83. Defendant Galloway is a professional, full time swindier and therefore precisely knew what she was doing by orchestrating and executing such abrazen act of fraud against her very own mother 84. Defendant Galloway cannot possibly consider herself a bona fide purchaser, particularly through her "Agent" capacity based upon such a counterfeit Power of Attorney. 85. Defendant The National Architectural Trust, lnc., cannot claim io have any valid interest, particularly through its Conservation Deed of Easement. 86. Defendant The National Architecfural Trust, Inc., was aware, knew or should have been aware that Plaintiff was in fact not the sole owner of the demised premises at the time in which said Conservation Deed of Easement was executed.

15. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 15 of 106 PageID #: 19 87. Defendant Santander Bank f/k/a Sovereign Bank flkla Independence Community Bank, cannot claim to have any valid interest and clearly was aware, knew or should have been aware that Defendant Galloway had no legal right to encumber or mortgage the demised premises beyond Defendant Galloway's own undivided interest. 88. All claims that Defendant Galloway, The National Architectural Trust, Inc,, and Santander Bank flkla Sovereign Bank f/k/a Independence Cornmunity Bank may attempt to extract frorn the Premises are invalid and are of no force and effect and all such claims have been wholly and effecfually extinguished, cut off and barred by Plaintiff s interest, and Plaintiff is seized and possessed of the premises free o{ and wholly discharged, from any and every claim, dernand, or encurnbrance alleged by Defendant Galloway, The National Architectural Trust, Inc., and Santander Bank flirla Sovereign Bank fllc/a Independence Community Bank. 89. All the claimants to the interest is known, and none are infants, mentally retarded, mentaily ill, or alcohol or drug abusers expect for any possible claimant represente.d by a iegal guardian and/or parent (if any) are not a party to this action. 90. Any judgement granted herein will not affect any person or persons not in being or ascertained at the cofltmencement of this action, who by any contingency contained in device or grant or otherwise, could afterward become entitled to Defendant Galloway's undivided interest in the premises ln addition, every person in being who would have been entitled to such is named as party to this action. 91. No personal claim is made against any party hereto expect such parties as may defend this.action. 92. Accordingly, the Power of Attorney recorded with the New York City Register on February 2,

16. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 16 of 106 PageID #: 20 1996, ReellPgffile #: 3647lIg|,the Deed recorded with the New York City Register on Februaryz,1996 ReeVpglFil e #: 36471194, the Mortgage recorded with the New York City Register on January 4,2A04, CRI'N #: 2004000017532,the Morlgage recorded with the New York City Register on Augnst 22, 2005, CRFN #: 2005000472197,the Easement recorded with the New York City Register on December 26,2006, should all be canceled ofrecord, AND AS F'OR TIIE THIRD CAUSE OF'ACTION Sale of the Premises 93. The Plaintiff repeats and re-alleges the aliegations in each paragraph set forth above and incorporated by reference as if fully set forth herein. 94. Physical partition of the premises is appropriate and completely warranted as it has been demonstrated that if not, such would cause great prejudice to the plaintiffi as well as the other owners ofthe premises. 95. Accordingly, the premises should be sold at public auction' 96. In the altemative, the premises should be listed with a reputable local real estate broker designated by plaintiff and sold to the highest and best offer made by a third-party, unrelated buyer, with net proceeds to be distributed among the plaintiffand defendants Deidra Galioway' Kathryn Elise Sosa and Angelica Plummer, according to their respective rights, interest and obligations' 97. Once the premises are sold, a division of net proceeds of sale shall be made between plaintiffs and defendants Deidra Galloway, Kathryn Elise Sosa and Angelica D. Plummer, Proceeds shall also, be first applied to reimburse plaintiffs for their share of rents, issueS and profits not paid to them, together with inierest at the rate of (9%)percent from February 7,2002, and reimbursement of plaintiffls

17. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 17 of 106 PageID #: 21 fees and costs ofthis action. AND AS FOR THE THTBD CAUSE OF ACTION Accounting 98. The Plaintiff repeats and re-alleges the allegations in each paragraph set forth above and incorporated by reference as if fully set forth herein, gg. Defendant Galloway has received all rents, issues and profits from the premises to the exclusion of the plaintiff and has neglected and refused to pay plaintiffits fair share' 100. There exists no adequate legal remedy. 101. A duty exists upon the part of the defendants to account and special circumstances are present warranting equitable relief in the interest ofjustice to compel an accorurting of the rents and income received from the tenants and leases of the premises. 102. Plaintiff had made a demand for accounting and defendants have refused to provide an accounting. 103. By reason of the foregoing, plaintiff demands an order requiring defendants to account to plaintiff for all rents, issues and profits or other monies and properly received, directly or indirectly or collected from said premises by them and that defendants pay to the plaintiff any sum of money as may be found due to said plaintiff according to their respective rights and interest as foresaid, together with interest, thereon at the statutory rate of (9%) percent per annum from Februaty 7 ,2002. WIIEREFORE, the Plaintiff demands judgement against the Defendants for the following relief: (a) Adeclaratoryjudgementpursuantto CPLR$ 3001 AndArticle 15 oftheRealPropertyActions and Proceedings Law a"ciuiing tUe Plaintiffas true owner of the subject property as follows: EarlR. Davis l4.Sg34%,Vincent Lonlobardi and Eddie Doran, each as to a 11.4584%, vesting the plaintiffs with absolute and unencumbered title in fee in the subject property and declaring the Defendants and every p"t*oo or entity ciaiming under them are forever barrid from all claims to an estate or interest in the subject

18. Case 1-18-01081-cec Doc 1 Filed 07/09/18 Entered 07/09/18 14:35:11 Case 1:18-cv-02764-FB-CLP Document 1-2 Filed 05/09/18 Page 18 of 106 PageID #: 22 property, except for those Defendants identified as owing an undivided ownership interest in the subject premises. A declaratory judgement pursuant to CPLR $ 3001 And Article 15 of the Real Property Actions and proceedings iaw declaring the Power of Attorney recorded with the New York City Register on February Z-, lgg6,the Deed recorded with the New York City Register on February 2, 19d6, the Mortgage recorded with the New York City Register on January 4,20A4, the Mortgage recorded with the New York City Register on August 22,20A5, the Easement recorded with the New york City Register on Decimb ir 26,2006 as void ab initio, and directing the offlrcer of the city Register ortne county ofKings to vacate/expuneg slid-Power of Attorney, Deed, Mortgage(s) and Easement, currentiy fiteA unaJr Reev?gffile #:36471191, Reel./Pg/File#:36471L94, CRFN #: 2004000017 532, and CRFN #: 2005000472197 . &) (c) Actual partition of the premises, as a sale of the premises thereof is necessary and that said pr.-ir* be sold by and under the direction of the court, and that the proceeds be divided among the plaintiff and defendants Deidra Gailoway, Kathqm Elise Sosa and Angelica D. Piummer according to their respective rights, interest and obligations as foresaid, after payment of the costs of this action and of the sale; independent of all cost/expenses directly incurred by ihe Defendants. (c) Awarding plaintifftheir cost, disbursements and fees; and (d) Awarding plaintiffsuch other, different or firther relief as the court shail deem just and proper' Dated: Brooklyn, New York May22,2016 R. intiff Pro 133 Decatur Street Brooklyn, N.Y. 11216 (917) 349-7124 (not for Service)