Supreme Court, Kings County

Decided on May 26, 2026

Index No. 538034/2022

Richard Velasquez, J.

[*1]

The following papers NYSCEF Doc #'s _125__ to _210__read on this motion:

Papers NYSCEF DOC NO.'s

Notice of Motion/Order to Show Cause

Affidavits (Affirmations) Annexed 125-129; 130-145

Opposing Affidavits (Affirmations) 150-186; 187; 188-193

Reply Affidavits 197-203; 204-210

After having come before the Court and the court having heard Oral Argument on October 8, 2025 and after review of the foregoing papers the court finds as follows:

Defendant, Pernon Dunston moves for an order pursuant to CPLR § 6401 appointing a receiver for Dekalb Funeral Services, Inc. and the real property known as 491 Dekalb Avenue, Brooklyn, NY and granting such other and further relief to the movant as this court deems just and proper. (MS#5) Plaintiff opposes the same and cross-moves.

Plaintiff cross-moves for an order granting the Plaintiff's Cross-Motion to void Deed (CRFN) 2022000264748 ab initio and deny the Defendants Motion in its entirety and for such other and further relief. Defendants oppose the same.

BACKGROUND/PROCEDURAL HISTORY

The plaintiff in this action has made a claim of deed fraud against the defendant. The defendant is plaintiff's half-brother. The following facts are undisputed.

Dekalb Funeral Services Inc. operates its funeral business at 491 DeKalb Avenue, Brooklyn, New York. Plaintiff is and has been the only family member working for Dekalb Funeral Services, Inc. with her late father Samuel Dunston from 2002 to the present. It is undisputed defendant has never worked for the Dekalb Funeral Services Inc.. The Number One Star Management Corp. is and has always been the owner of 491 Dekalb Avenue, Brooklyn New York. The Decedent was the sole owner and sole officer of both Dekalb Funeral Services Inc. and The Number One Star Management Corp. at the time of his death on December 24, 2020. In his Will the Decedent Samuel Dunston bequeathed 100% of the Dekalb Funeral Services Inc. to his wife Patricia Dunston and he bequeathed 50% of The Number One Star Management Corp. to his wife Patricia Dunston and 50% to his daughter the Plaintiff Sonya Dunston. It is also undisputed, Defendant PERNON DUNSTON was not bequeathed any interest in 491 Dekalb Avenue, Brooklyn, New York, The Number One Star Management Corp. or Dekalb Funeral Services, Inc. in the Decedents will. See NYSCEF Doc No. 134.

From the date of the Decedent Samuel Dunston's death on December 24, 2020, up until the date Chase bank began its foreclosure proceeding, The Plaintiff was paying the mortgage on the subject property owned by The Number One Star Management Corp. from the Chase account # XXXXX0800 for The Number One Star Management Corp., 491 Dekalb Avenue, Brooklyn, New York 11205. These payments include mortgage payments from September 2022 through December of 2022 the time period the bank claims in their foreclosure complaint to not have received mortgage payments. (NYSCEF DOC. NO. 141) Notably, Plaintiff continued paying said mortgage until Chase refused to accept payments due to the foreclosure. Again, it is undisputed, and evidenced in this record up until the date the foreclosure action was filed, the Plaintiff SONYA DUNSTON was paying the mortgage on the property held by Chase Bank, including the taxes and the upkeep of the subject property located at 491 Dekalb Avenue, Brooklyn, New York. Upon filing the foreclosure action, Chase Bank refused any further payments sent in by Plaintiff SONYA DUNSTON.

In Paragraph 8 of the Rider of sale both Defendant Pernon Dunstan and Defendant Sassgona Equities LLC acknowledge that the subject property located at 491 Dekalb Avenue, Brooklyn New York is encumbered by a mortgage of $990,000.00, the same mortgage that was not paid off when the Defendant's allegedly "sold" the property and transferred ownership in the deed filed with The City Register No.: CRFN 2022000264748 causing the foreclosure action. Defendant Pernon Dunston' attorney in their February 15, 2024, response to Discovery and Inspection, enclosed their complete closing file on the sale of 491 Dekalb Avenue, Brooklyn, New York. Said file indicates not only was the mortgage not paid but also that Defendant Pernon Dunston did not receive any proceeds of the $1,800,000.00 "sale". Moreover, only two checks distributed were $62,827.60 to the title company Wellington Abstract LLC and $98,000.00 to Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP attorneys for Defendant Pernon Dunston with a memo stating "escrow agreement regarding 491 Dekalb." (NYSCEF [*2]DOC NO 144 )

Wellington Abstract, LLC, the title company for Defendant SASSGONAEQUITY, LLC does not make any mention of the $644,000.00 plus mortgage that Chase Bank had on 491 Dekalb Avenue, Brooklyn, New York at the time of this alleged deed transfer. Neither Deena Rosenfeld, the manager of Wellington Abstract, LLC in her affidavit nor attorney Weber in his affirmation nor anyone else on behalf of Defendant SASSGONA EQUITY, LLC explains how this deed was transferred from The Number One Star Management Corp. to Defendant SASSGONA EQUITY, LLC without paying off the Chase mortgage. By not paying off the Chase mortgage The Number One Star Management Corp. and Defendant SASSGONA EQUITY, LLC triggered the foreclosure action currently pending on this property. It should also be noted, neither The Number One Star Management Corp., which DEFENDANT PERNON DUNSTON signed on behalf of nor Defendant SASSGONA EQUITY, LLC, have appeared in the foreclosure action pending in Supreme Court, Kings County, under Index No.: 502559/2024. (NYSCEF DOC NO. 199). On May 8, 2025, NYSCEF document No.: 41, in the above mentioned foreclosure action, Judge Knipel granted the Chase Bank's motion and ordered that a Default Judgment be entered against all Defendants in the foreclosure action including The Number One Star Management Corp. and Defendant SASSGONA EQUITY, LLC, as well as appointing a Referee. (NYSCEF DOC NO. 200)

Please note that in, NYSCEF Document No.162 attached to attorney Weber's affirmation on behalf of Defendant SASSGONA EQUITY, LLC is a seller's affidavit of title signed by Defendant PERNON DUNSTON in which he affirms on June 21, 2022, that there are no liens or encumbrance which included no mortgages on 491 Dekalb Avenue, Brooklyn, New York, as well as there were no tenants at the subject property 491 DeKalb Avenue, Brooklyn, New York, on June 21, 2022, as Defendant PERNON DUNSTON was transferring to Defendant SASSGONA EQUITY, LLC the Deed from The Number One Star Management Corp. The court reiterates from the established facts above all of these statements are false. Notably, Defendant PERNON DUNSTON was well aware that Dekalb Funeral Services, Inc. was a tenant operating a funeral business at that location as he attempted to have them evicted in a landlord tenant action which this court stayed. (NYSCEF Doc No.: 72) Nor did Defendant PERNON DUNSTON mention the five (5) residential tenants: Apt 1; Laurlyn Jessica Leach, Apt 3; Kathryn Ruel, Apt 4; Fernando Santana, Apt 5; Zachary Philips, and, Apt 6; Jon Mosquito.

It is well settled that a forged deed is a nullity. "Forged conveyances are void ab initio and do not transfer title", Cruz v. Cruz, 37 AD3d 754, 832 NYS2d 217 (2007). "A forged deed is a void deed and transfers no interest", quoting Faison v. Lewis, 25 NY3d 220, 230, 32 N.E.3d 400 (2015). Additionally, "A void deed is not subject to a statutory time bar." Faison v. Lewis, 25 NY3d 220, 230, 32 N.E.3d 400 (2015).

The Court would also like to note, "a deed based on forgery or obtained by false pretenses is void ab initio, and a mortgage based on such a deed is likewise invalid" (Citibank N.A. v Burns, 187 AD3d 839, 840 [2d Dept 2020]; Cruz v Cruz, 37 AD3d 754, 754, 832 NYS2d 217 [2007]; see Matter of Bowser, 167 AD3d 1001, 1002, 88 NYS3d 901 [2018]; Deramo v Laffey, 149 AD3d 800, 802, 52 NYS3d 119 [2017]. Additionally, it is well settled "if a document purportedly conveying a property interest is void, it conveys nothing, and a subsequent bona fide purchaser or bona fide encumbrancer for value receives nothing" (ABN AMRO Mtge. Group, Inc. v Stephens, 91 AD3d 801, 803, 939 NYS2d 70 [2012]; see Jiles v [*3]Archer, 116 AD3d 664, 666, 983 NYS2d 283 [2014]). Furthermore, it is also well settled "a lender who takes a mortgage to a property subject to a void deed does not have anything to mortgage, so the lender's mortgage is invalid as well'" (see Broder v Pallotta & Assoc. Dev., Inc., 186 AD3d 1189, 1192 [2d Dept 2020]; Weiss v Phillips, 157 AD3d 1, 10, 65 NYS3d 147). Additionally, the Court of Appeals has held no property shall be encumbered, including by a mortgagee, in reliance on a forged or fraudulent deed (see Faison v Lewis, 25 NY3d 220 [2015]; see also Cruz v Cruz, 37 AD3d 754, 754, 832 NYS2d 217 [2d Dept 2007] ["A deed based on forgery or obtained by false pretenses is void ab initio, and a mortgage based on such a deed is likewise invalid"]; Jiles v Archer, 116 AD3d 664, 666, 983 NYS2d 283 [2d Dept 2014] ["If a document purportedly conveying a property interest is void, it conveys nothing, and a subsequent bona fide purchaser or bona fide encumbrancer for value receives nothing"].

As evidenced in the undisputed facts above, the transfer of this deed was done fraudulently. The transfer of this deed void abinitio.

Accordingly, Defendant, Pernon Dunston motion for an order pursuant to CPLR § 6401 appointing a receiver for Dekalb Funeral Services, Inc. and the real property known as 491 Dekalb Avenue, Brooklyn, NY is hereby Denied in its entirety (MS#5). Plaintiff's Cross-Motion to void Deed (CRFN) 2022000264748 ab initio is hereby granted in its entirety. (MS#6)

It is Further ORDERED: the Deed filed with the City Register under CRFN 2022000264748 is hereby deemed void ab initio, as it was obtained under false pretenses.

It is further ORDERED: the City Register of the City of New York shall delete this transfer from its records on July 5, 2022, City Register File No. (CRFN): 2022000264748 (NYSCEF DOC 139) this transfer is void abinitio.

It is Further ORDERED the foreclosure action index number 502559/2024 is hereby stayed for 120 days for the proper parties to be substituted as the owner in the foreclosure action and to take any other necessary steps, as well as to allow the owner's to take whatever necessary relief they may be entitled to.

This constitutes the Decision/Order of the court.

Dated: May 26, 2026

Brooklyn, New York

ENTER FORTHWITH:

HON. RICHARD VELASQUEZ