ROCKLAND COUNTY CLERK 01/02/2018 03: 50 PMI INDEX ?03'0005/2013 Doc. no. 1 RECEIVED NYSCEF: SUPREME COURT on THE STATE on NEW YORK COUNTY OF ROCKLAND . . Index No. COUNTY OF ROCKLAND, Plaintiff, COMPLAINT -against- JOSEPH GREENBAUM and BLAZER DANCZIGER - I Deihnd?nts. - The Plaintiff, County of Reckland, by no attorney, Thomas E. Humbaeh County Attemey, hereby alleges for its Complaint herein, as follows: OF THE CASE .- 1. I This matter is oomnlenced to enjoin the Defendants, Blazer Dancziger and Joseph Greenbaum, to recover damages in the form of use or occupancy and restitution, for the-ur?aw?il occupation of the pren?ses owned by the Plaintiff, County of Rookland, which. premises are located at 749 N. Main Street, New Hempstead, New York. PARTIES 2. The County of Roekland is a duly formed municipal entity? of the State of New York. 3 This aetion by the County of Roekland was requested and authorized by the County Executive. I I 4. The County Executive has the authority to bring this action since the County I Executive has the duties, among others, to supervise, direot and control the adminisn'ation of all 20156 01/02/2018.? ROCKLAND COUNTY CLERK 01/02/2018 03:50 - INDEX 0300'05/2018 m?scne DOC. no. 1 RECEIVED NYSCEF: 01/02/2013 departments of the county govermnent; be chief administrative of?cer of the County of Rookland; and look after the physical properties of Rockland County 5. Blazer Danez1 ger is an individual residing' 1n the County of Rookland. 6. Joseph Greenbaum is an individual residing inthe County of Roekland. STATEWNT OF THE CASE 7. I Between September '18, 2017 at the time the deed was taken, and the preempt, Greenhaum and Dancziger have continued to represent to some persons that they owned the property I 8-. Between September 1-8, 2017 at the time? the deed was-taken, and the present, and Daneziger have Continued to represent to some persons that they had the authority to let the property 9. Between September 18, 2017 at the time the deed was taken, and the present, Greenbeum Hand Dancziger have 'eontinued to take rent from tenants at the property 10. BetWeen ISepteInber 18, 2017 at the time the deed was taken, and the present, Greenbaum and Dencziger have continued to obtain new tenants to oeeupy the Premises I 11.. Between September 1-8, 2017 at the time the deed was taken, and the-present, Greenhauin and Daneziger have :eontinued to lead such. new tenants to occupy the Premises . 12. Between September 18, 2017 at the time the deed was taken, and the present, IGreenbaurn and Daneziger have continued to undertake other acts at the Premises which have pro?ted'Danoziger and Greenbainn. 30f6 FILED: ROCKLAND COUNTY CLERK oIZozgzom o3: 50E: INDEX NO- 930005/2018 NYS CEF DOC NO. RECEIVED NYSCEF: 01/02/2018 i, . '13. At no time between September 18. 2017 at the time the deed was taken, and the I present, has either Greenbanrn or Deneziger had the right or authority to dispose of the Couhty owned real property at the Premises or any other location. I I 14. At no time between September 18, 20-17 atthe time the deed was taken, and the present. has either Greenbeum or Daneziger had the right or to lease the Premises to another. I 15. Arno time between September 13,2017 at the time the deed was taken, and the . present, has either Greenbaum or Daneziger had the right or authority to collect rents ?om persons otcupying the Premises. I 16. At no time between September 18, 2017 at the time the deed was-taken, and the present; has either Greenhaum or. Dancziger had the right or authority to receive any revenue or pro?t from the use of the Premises I 17. As the sole owner of the property, only the County has the right or authority to lease the premises to others, to collect rents, or to otherudSe pro?t from or receive revenue from the use of the Premises. FIRST CAUSE OF ACTION {Trespass} 18. On September 18, 2017, the County of Roekland tool; a deed to 749 North Mam Street, New Hempstead, New York (the Premises), by a. deed awarded through an I'm-rem - I foreclosure for non-payment of taxes. I 19. Prior to the time the deed were taken, on September 18, 2017, the owner of the Premises, was Joseph Greenbaum 4of6 7. ROCKLAND COUNTY CLERK 0110212018 03:50 PE INDEX :03009'5/2018 not: no. 1 RECEIVED cum/r2013 a . . 20. Prior to the time the deed was taken, on September 18,, 2017, Blazer Dancziger was the property manager for the Premises, on behalf of Greenbaum. 21. Between September 18, 2017 at the time the deed was taken, and the present, Danoziger and-Greenbaum, occupied the premises pursuant to the occupancy of their tenants. 3' 22. At no time between September 18, 2017 at the time the deed was taken, and the present neither Daucziger nor Greenbaum had any legal right or the authorityr of the owner of the property, the County of Rockland, to occupy the Premises in any manner. 23. Between September 1-8, 2017 at the time the deed was taken, and the present, Dancziger and Greenbaum engaged in an intentional entry onto the County?s load without justi?cation or pennission 24. The damages sustained by the County are all of those amounts by which Daneziger or Greenhaum were unjustly enriched by their conduct. 25. Upon-information and belief, Dancziger and Greenbaum have obtained monetary bene?t ?om their use and cecupancy and- alleged dominion oVer the Premises. 26. All such monetary benefit constitutes unjust enrichment at the expense of the - cause. I 27.. The County has been damaged by Dancziger and Greenbaum?s use and occupancy of the Premises. 28. The County is entitled to receive restitution in an amount to be determined by me - Court which is greater than the jurisdiction of any lower court. I 29. It is respect?tlly. requested that the County be awarded a judgment in the amount of Dancziger and Greenbaum?s use and occupancy, in the amount of the revenue obtained by Daneziger and Greenbaum through such use and occupancy, or the fair market value of such use Sofs NO. 1' and occupancy, andfor far such amounts as shall oomp?ae-appropriate restimtion for Daneziger and Greeuhamu?s use of the Premises. WHEREFORE, it is respeet?rlly redeemed thatthe court grant judgment as follows: a. upon? the ?rst cause of action, in the amount of the revenue obtained by Daueziger and Greenbaurn through sueh use and occupancy, or the fair market value of ouch use and occupancy, andfor for such amounts as shall comprise appropriate restitution for Dancziger and Greenhaum?s use of the Premises; and b. . fer the costs and expenses of this action; and fer suehi other relief as the court may deem just, proper,- and equitable under the circumstances herein. Dated: January 2, 2013? New City, New York Yours, etc.- THOMAS E. HUMBACH Ra eklaud County Attorney Attomey for Plain??s) - Of?ce and Box Address 11 New Hempstead Road New City, ew York 109 56 (845) .6 0 By: Tho?i?o-Ef??umhach 6of6 . ROCKLAND COUNTY CLERK 01/62/2018 03:50 PEI INDEX ?30?05?29?. I RECEIVED NYSCEF: 01/02/2013.