ELECTRONICALLY FILED DOC# ANTHONY J. CENTONE, P.C, _ [| DATE FILED: __3/16/2026 _ ATTORNEY AT LAW 1950 East Main Street, Suite 205A Mohegan Lake, New York 10547 (914) 528-4529 ANTHONY J. CENTONE* anthony □□□□□□□□□□□□□□□□□□□□□□□
* ALSO ADMITTED IN PA & NJ March 13, 2026
The Honorable Nelson S. Roman United States District Court Judge The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, NY 10601-4150 Re: Imad Ayoubi y. Doaa Ayoubi 7:26 CV 01028 (NSR)
Dear Judge Roman: Please be advised that I represent the defendant, Doaa Ayoubi, in the above- referenced case. I write this letter pursuant to Section 8 of Your Honor’s Individual Practice Rules, as defendant Ayoubi would like to file a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff's complaint fails to state any cause of action upon which relief can be granted. Instead of alleging any proper cause of action, plaintiff's complaint demands part of the proceeds from the sale of Ms. Ayoubi’s lawful property, which she solely owned pursuant to a divorce decree. Furthermore, pro-se plaintiff Imad Ayoubi served a summons with a “letter” addressed to the court (see attached Exhibit “A”). No formal complaint was attached to the summons. The form of any complaint requires the plaintiff to state its claim in numbered paragraphs and a demand for the relief sought (Fed. R. Civ. P. 10(b)). The complaint must also state the grounds for relief sought (Fed. R. Civ. P. 7(b)). Here, the plaintiff does no such thing. Plaintiff does not number his paragraphs, nor does he ever state a proper claim. Instead of stating a proper claim, the plaintiff merely attempts to argue that he is entitled to the proceeds of the sale of the home. The plaintiff never outlines under what grounds he is entitled to these proceeds. To state a plausible claim for relief, the plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Additionally, the factual allegations within a complaint “must be enough to raise a right to relief above the speculative level on the assumption that all of the complaint’s allegations are true.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Substantively, it is well established under New York law that the owner of property in fee simple absolute cannot be subject to alienation restrictions, as that would run contrary to the owner’s rights under fee simple absolute. See Application of Mazzone, 281 N.Y. 139, 146 (1939). The New York Court of Appeals has previously held “[t]here can be no doubt that the rule of common law as well as the constitutional provision was intended to and did void covenants in voluntary conveyances of a fee which had the effect of restraining subsequent alienation of the property.” Id. Consequently, the plaintiff has failed to assert any facts which could demonstrate legal misconduct by the defendant. The plaintiff clearly admits in his complaint that he transferred the former marital property to the defendant. Additionally, the stipulation of settlement for the divorce states that the “Husband shall transfer and assign to wife, and hereby waives and relinquishes, all of his right title and interest in and to the marital residence” (see attached Exhibit “B” pg. 18 { 2). Thus, any alleged agreement not to transfer the property between the parties would be void. Such an agreement would run contrary to well established New York law that restrictions on alienation are void as they run contrary to owner’s right of fee simple absolute. Taking all the plaintiffs claims as true, he has failed to establish any facts which would tend to show misconduct by the defendant. Therefore, defendant Ayoubi seeks leave to file a motion seeking dismissal of plaintiff's complaint pursuant to FRCP 12(b)(6). I look forward to hearing from the court in this regard. The Court waives the pre-motion conference and sets the following briefin schedule for Defendant Doaa Ayoubi's motion to dismiss: Very truly yours, oy (1) Defendant's moving papers are to be served (not filed) by April 27, 202¢€ {_ JATT ae. (2) Plaintiff's opposition papers are to be served (not filed) by June 8, 2026; Xntho y/J. Centone (3) Defendant's reply papers are to be served and filed on June 22, 2026.
All motion papers are to be filed on the reply date, June 22, 2026. □□□□□□□□ ce. Imad Ayoubi directed to file all motion papers, including pro se Plaintiff's opposition pa The parties shall mail two courtesy copies to chambers of their respective papers as they are served. Defendant is further directed to provide an electr copy of all motion papers (including pro se Plaintiff's papers) by email to chambers as soon as practicable after filing. The Clerk of Court is kindly directed to terminate the motion at ECF No. 8 mail a copy of this endorsement to Plaintiff at the address on the docket, ar show service on the docket. ‘ SO ORDERED: Dated: March 16, 2026 D> White Plains, New York Cf NELSONS. ROMAN _- UNITED STATES DISTRICT JUDGE
EXHIBITA
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“Imad Ayoubl ee Be □□
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SEE SEU es HAS! LS Bee eee Ee a oe
□ a ee oo ook □□ □□□
sibs ELE OSes Se ee 2 es oe ae ae ae □□
□□ SS ee : oe ee Ee a oe Be a □□
Deaa aye ee oo fl. oe a
uae fs... Bee Le Ws SPREE □□□□
PS) TE ee oa ee CF oe ae □□
Katonah, NY 10536 oe a. a Ge
ho ak ee ane oe PU HAE ee: □□
e Judge and Feder: at ae ve ae
oO1B Lameeailie. end Federal Comm. 5 ee ee
slagreediwi oO Ege □□ er oe ae eee Sear
as Nername a □□ h my. ex-wifk ‘thant will ee oF ee ring □□□□□
ern art ope f Se eS see: Bee ate: Ee nt) amitlio BAER □□□□ □□ □ □□□□
the dy a : eae □ Soke □□ Ce Se te ant wase □□□
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did not have money to! Histom my own challenging a Middle □□
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Free access — add to your briefcase to read the full text and ask questions with AI
ELECTRONICALLY FILED DOC# ANTHONY J. CENTONE, P.C, _ [| DATE FILED: __3/16/2026 _ ATTORNEY AT LAW 1950 East Main Street, Suite 205A Mohegan Lake, New York 10547 (914) 528-4529 ANTHONY J. CENTONE* anthony □□□□□□□□□□□□□□□□□□□□□□□
* ALSO ADMITTED IN PA & NJ March 13, 2026
The Honorable Nelson S. Roman United States District Court Judge The Honorable Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, NY 10601-4150 Re: Imad Ayoubi y. Doaa Ayoubi 7:26 CV 01028 (NSR)
Dear Judge Roman: Please be advised that I represent the defendant, Doaa Ayoubi, in the above- referenced case. I write this letter pursuant to Section 8 of Your Honor’s Individual Practice Rules, as defendant Ayoubi would like to file a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff's complaint fails to state any cause of action upon which relief can be granted. Instead of alleging any proper cause of action, plaintiff's complaint demands part of the proceeds from the sale of Ms. Ayoubi’s lawful property, which she solely owned pursuant to a divorce decree. Furthermore, pro-se plaintiff Imad Ayoubi served a summons with a “letter” addressed to the court (see attached Exhibit “A”). No formal complaint was attached to the summons. The form of any complaint requires the plaintiff to state its claim in numbered paragraphs and a demand for the relief sought (Fed. R. Civ. P. 10(b)). The complaint must also state the grounds for relief sought (Fed. R. Civ. P. 7(b)). Here, the plaintiff does no such thing. Plaintiff does not number his paragraphs, nor does he ever state a proper claim. Instead of stating a proper claim, the plaintiff merely attempts to argue that he is entitled to the proceeds of the sale of the home. The plaintiff never outlines under what grounds he is entitled to these proceeds. To state a plausible claim for relief, the plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Additionally, the factual allegations within a complaint “must be enough to raise a right to relief above the speculative level on the assumption that all of the complaint’s allegations are true.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Substantively, it is well established under New York law that the owner of property in fee simple absolute cannot be subject to alienation restrictions, as that would run contrary to the owner’s rights under fee simple absolute. See Application of Mazzone, 281 N.Y. 139, 146 (1939). The New York Court of Appeals has previously held “[t]here can be no doubt that the rule of common law as well as the constitutional provision was intended to and did void covenants in voluntary conveyances of a fee which had the effect of restraining subsequent alienation of the property.” Id. Consequently, the plaintiff has failed to assert any facts which could demonstrate legal misconduct by the defendant. The plaintiff clearly admits in his complaint that he transferred the former marital property to the defendant. Additionally, the stipulation of settlement for the divorce states that the “Husband shall transfer and assign to wife, and hereby waives and relinquishes, all of his right title and interest in and to the marital residence” (see attached Exhibit “B” pg. 18 { 2). Thus, any alleged agreement not to transfer the property between the parties would be void. Such an agreement would run contrary to well established New York law that restrictions on alienation are void as they run contrary to owner’s right of fee simple absolute. Taking all the plaintiffs claims as true, he has failed to establish any facts which would tend to show misconduct by the defendant. Therefore, defendant Ayoubi seeks leave to file a motion seeking dismissal of plaintiff's complaint pursuant to FRCP 12(b)(6). I look forward to hearing from the court in this regard. The Court waives the pre-motion conference and sets the following briefin schedule for Defendant Doaa Ayoubi's motion to dismiss: Very truly yours, oy (1) Defendant's moving papers are to be served (not filed) by April 27, 202¢€ {_ JATT ae. (2) Plaintiff's opposition papers are to be served (not filed) by June 8, 2026; Xntho y/J. Centone (3) Defendant's reply papers are to be served and filed on June 22, 2026.
All motion papers are to be filed on the reply date, June 22, 2026. □□□□□□□□ ce. Imad Ayoubi directed to file all motion papers, including pro se Plaintiff's opposition pa The parties shall mail two courtesy copies to chambers of their respective papers as they are served. Defendant is further directed to provide an electr copy of all motion papers (including pro se Plaintiff's papers) by email to chambers as soon as practicable after filing. The Clerk of Court is kindly directed to terminate the motion at ECF No. 8 mail a copy of this endorsement to Plaintiff at the address on the docket, ar show service on the docket. ‘ SO ORDERED: Dated: March 16, 2026 D> White Plains, New York Cf NELSONS. ROMAN _- UNITED STATES DISTRICT JUDGE
EXHIBITA
Pe ey epee aiuiniti ne 2 oo □□ oo Tee
ae ae Be SS |. nee ees □□□□
“Imad Ayoubl ee Be □□
408 Moore AVE □□ meee ae ae
SEE SEU es HAS! LS Bee eee Ee a oe
□ a ee oo ook □□ □□□
sibs ELE OSes Se ee 2 es oe ae ae ae □□
□□ SS ee : oe ee Ee a oe Be a □□
Deaa aye ee oo fl. oe a
uae fs... Bee Le Ws SPREE □□□□
PS) TE ee oa ee CF oe ae □□
Katonah, NY 10536 oe a. a Ge
ho ak ee ane oe PU HAE ee: □□
e Judge and Feder: at ae ve ae
oO1B Lameeailie. end Federal Comm. 5 ee ee
slagreediwi oO Ege □□ er oe ae eee Sear
as Nername a □□ h my. ex-wifk ‘thant will ee oF ee ring □□□□□
ern art ope f Se eS see: Bee ate: Ee nt) amitlio BAER □□□□ □□ □ □□□□
the dy a : eae □ Soke □□ Ce Se te ant wase □□□
home tal ert ® said qoeeaty fo mefrom my. ole erenl one ad
purch Wee oes ft MO oo ee
i : oe ie. a A □□ ae one
Villa eels Was paid bstiy by sé ao detaber 204 a any
did not have money to! Histom my own challenging a Middle □□
clderhome. ana linck hase the old home a wee vork, When [married □□
Bmedntot 45.900 □□ a le ee lided my other home in Flor eneverhadthat statusto
‘ site vol baa ws a eee ee. bes COREE as a oe ae tment for □□□ □□
did infection‘cont mate NY trom 2005 to201 aS ne Lo ees ee □□
Ce Saseictd ace’ oe □□ □□□□□□□□□□□□□□□□□□□□□□□□□□□□ CE ea ne oe Sonar od Saag a gk SNe Gane ee ee ce co.
M Wane yee □□□ GEN i □□ Ne Saas ee omer
Le PTE LANG RES CS es uy te DUR) BELT PORE Ce SHER oF ee □□ □
Pes LES AMON ye ee Renee aeidGrat RE LR ES ey Se Oe □□□ □□□□□
et ee Spy ee ees Cloreapict pe 8 CU ee ee
= oe Athi, □ vc a LOE ESE ee Led LR Eas Sepa Pee geen Dy A See, □□□□□ □□ □□□
ort nat the court to asked mytelt of the ho {6 Sell the Home tS mov. es □□
oe. AL oe ee Te LO WED ae int Ce IE □□ Se nae ING Une □□□□□□ a
ere AGHEY, anc oa meee ein Ul oo @, she Saic Mhehometomove □
nat money Ora. nd sh 6 now ay a = Situatio □□□ ead that
a RUSSEL vue aoc eee w away: i Nehewe ne □□□ ee AR is
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EXHIBIT B
This STIPULATION OF SETTLEMENT AND AGREEMENT made this _day of May, 2018, between DOAA ELSAYED AYOUBL residing at 12 Logging Road, Katonah, New York 10536 (hereinafter referred to as “Wife” or “Mother”), and IMAD EDDIN AYOUBI, residing at 1 Kennedy Avenue, Apartment 1214, Danbury, Connecticut 10536 (hereinafter referred to as “Husband” or “Father’). RECIFALS WHEREAS, the parties were married to each other in a civil ceremony in Kew Gardens, Queens, New York on October 11, 2002; WHEREAS, there are (2) unemancipated children of the marriage, fe wit: Angelina Imad Ayoubi, born August 23, 2006 and Regina Imad Ayoubi, born November 6, 2008 (the “Children”), There are no additional children of the marriage expected; WHEREAS, in consequence of disputes and irreconcilable differences between them, the parties have separated and are now living separate and apart, and intend to continue to live separate and apart for the rest of their natural lives; and WHEREAS, an action for divorce based on DRL §170(7), irretrievable breakdown of relationship for at least 6 months, was commenced on April 16, 2018 by the Wife against the Husband in the Supreme Court of the State of New York, County of Westchester, entitled DOAA ELSAYED AYOUBI, Plaintiff, against IMAD EDDIN AYOUBL Defendant, and bearing the Index number 55545/2018 (the “Divorce Action”); and WHEREAS, by way of the instant Stipulation of Settlement and Agreement (“Agreement”), the parties desire to confirm their separation and make arrangements in connection therewith, including fixing their respective rights to custody and access, together with
2. The parties expressly agree that as part of the equitable distribution of all property that might be considered to be marital property of the parties and in consideration therefor, Husband shall transfer and assign to Wife, and Husband hereby waives and relinquishes, all of his right, title and interest in and to the Marital Residence. Within thirty (30) days of the execution of this Agreement, the Husband shall deliver all documents in his possession, if any, relating to the Marital Residence to the Wife including, but not limited to, any architectural plans, surveys and receipts for improvements, 3. Within five (5) days of receipt thereof from the Wife, the Husband shall execute and return to the Wife or her attorney a deed and all paperwork as may be necessary in order to transfer title to the Marital Residence from the parties’ joint name to the Wife’s sole name. 4. Within five (5) days of the execution hereof, the Husband shall return to the Wife all keys to the Marital Residence in his possession. 5. The Wife and/or her legal representative shall be responsible for any filing or recording of the deed and all ancillary documents necessary to transfer title of the Marital Residence to her name alone with the County Clerk of Westchester County. Wife shall be solely responsible for the payment of ail costs associated with the transfer, including without limitation, transfer taxes and fees, recording costs and filing fees, and the Wife hereby indemnifies the Husband and holds him harmless in regard to all such expenses. 6. The Marital Residence is presently encumbered by a mortgage held by Home Point in the parties’ joint names with an approximate balance of $613,000 as of April 20, 2018 (the “Mortgage”). 7. Except for the Mortgage, the Husband represents that he has not caused (nor will cause) any loan, lien or encumbrance of any kind to be placed on the Marital Residence. Upon