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At an I.A.S. Term, Part ___ of the Supreme
Court of the County of Westchester held in
the Westchester Supreme Court in the city
of White Plains, New York on the
__________ day of _______________,
20________.
PRESENT: HON. WILLIAM J. GIACOMO
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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WILMINGTON SAVINGS FUND SOCIETY, ORDER GRANTING SUMMARY
FSB, D/B/A CHRISTIANA TRUST, NOT JUDGMENT, DEFAULT AND
INDIVIDUALLY BUT AS TRUSTEE FOR REFERENCE TO COMPUTE
PRETIUM MORTGAGE ACQUISITION
TRUST
Plaintiff,
vs
INDEX #: 60242/2023
RICHARD TOMASULO, MEB LOAN TRUST
VII, LLC, JPMORGAN CHASE BANK, N.A. MORTGAGED PREMISES:
FKA JPMORGAN CHASE BANK FKA THE 105 Douglas Road
CHASE MANHATTAN BANK FKA Chappaqua, NY 10514
CHEMICAL BANK AKA aka 105 Douglas Road, New
Castle, NY 10514
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs, Mortgage Servicer:
distributees, executors, administrators, trustees, Selene Finance LP
guardians, assignees, creditors or successors Mortgage Servicer Phone Number:
claiming an interest in the mortgaged premises.) (877) 735-3637
Defendant(s).
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Upon considering Plaintiff’s Motion for Summary Judgment, default, for appointment of
a Referee to compute, and other relief dated January 19, 2024, the Summons, Complaint,
Certificate of Merit, Notice of Pendency, Affidavits of Service upon all defendants, Affirmation
of Melissa M. Loecher, Esq. dated January 19, 2024, Affidavit of Dawn Fox in support dated
August 07, 2023, all prior papers filed and proceedings held in this action, proof of compliance
with all statutory conditions precedent to a foreclosure action; and
The Answer of Defendant Richard Tomasulo, and opposition to Plaintiff’s motion
submitted by _________________; and
The time to answer for defendants MEB Loan Trust VII, LLC and JPMorgan Chase
Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical Bank
expiring with no answer being filed; and
It appearing to the satisfaction of this court that this action was brought to foreclose a
mortgage on real property located at 105 Douglas Road, Chappaqua, NY 10514 AKA 105
Douglas Road, New Castle, NY 10514, in the County of Westchester, State of New York,
Section 100.6 Block 1 Lot 37 and;
NOW, on motion of Gross Polowy LLC, attorney for the plaintiff, it is hereby
ORDERED, that Plaintiff’s motion is granted in its entirety; and it is further
ORDERED, that Plaintiff is granted summary judgment pursuant to CPLR § 3212; the
defenses asserted in the answer filed by Defendant Richard Tomasulo, are dismissed pursuant to
CPLR § 3211(b); and Plaintiff shall treat the answer as a limited notice of appearance requiring
Plaintiff to serve the answering Defendant, without prior notice, a copy of the entered Judgment
of Foreclosure and Sale, notice of sale, notice of discontinuance, and notice of surplus money
proceedings pursuant to CPLR § 320: and it is further
ORDERED, that default judgment is granted against defendants MEB Loan Trust VII,
LLC and JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan
Bank FKA Chemical Bank, and the defaults are fixed and determined pursuant to CPLR § 3215;
and it is further
ORDERED, that this action is hereby referred to ____________________________ of
_________________________ as Referee to compute the amount due to the plaintiff and to
examine and report whether the mortgaged premises can be sold in parcels pursuant to RPAPL §
1321, and that the Referee report to the Court with all convenient speed; and it is further;
ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321. The
Referee may ascertain and compute the amount due to the Plaintiff for principal, interest, and
other disbursements advanced, on the papers submitted by the Plaintiff without holding a hearing
on notice pursuant to CPLR 4313, and it is further
ORDERED, that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not
limited to § 36.2 (c) ("Disqualifications from appointment"), and § 36.2 (d) ("Limitations on
appointments based upon compensation"); and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
Appointing Judge, and it is further
ORDERED, that pursuant to CPLR § 8003(a)(the statutory fee of $350.00) (in the
discretion of the court, a fee of $_______), shall be paid to the Referee for the computation of the
amount due and upon the filing of his/her report, the Referee shall not request or accept
additional compensation for the computation unless it has been fixed by the court in accordance
with CPLR § 8003 (b); and it is further
ORDERED, that the Referee is prohibited from accepting or retaining any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED, that, "John Doe" be removed as a party defendant in this action as no
occupants reside at the premises, and that the caption of this action be amended to reflect the
removal of "John Doe" as a party defendant; and it is further
ORDERED, that the lien which appears to be prior and adverse to the mortgage being
foreclosed, namely the lien against Defendant Richard P. Tomasulo, given by the Defendant
JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank
FKA Chemical Bank, recorded on April 07, 1994 at Book 19191 and Page 93 in the amount of
$183,000.00 is hereby satisfied and discharged of record as they pertain to the subject property
pursuant to RPAPL Article 15; and it is further
ORDERED, that all Defendants and all persons or entities claiming by, through or under
them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest
or equity of redemption in and to said mortgaged premises; and it is further
ORDERED, that the record be reformed to reflect that the lien of Defendant JPMorgan
Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical
Bank is satisfied and discharged of record as they pertain to the subject property; and it is further
ORDERED, that the Westchester County Clerk is hereby directed to record a certified
copy of this Order upon the payment of its requisite and lawful fees and index same against
premises known as and by 105 Douglas Road, Chappaqua, NY 10514 AKA 105 Douglas Road,
New Castle, NY 10514 and SBL: Section 100.6 Block 1 Lot 37; and it is further
ORDERED, that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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WILMINGTON SAVINGS FUND SOCIETY,
FSB, D/B/A CHRISTIANA TRUST, NOT
INDIVIDUALLY BUT AS TRUSTEE FOR INDEX NO: 60242/2023
PRETIUM MORTGAGE ACQUISITION
TRUST MORTGAGED PREMISES:
105 Douglas Road
Plaintiff, Chappaqua, NY 10514 AKA aka 105
vs. Douglas Road, New Castle, NY 10514
RICHARD TOMASULO, MEB LOAN TRUST
VII, LLC, JPMORGAN CHASE BANK, N.A.
FKA JPMORGAN CHASE BANK FKA THE
CHASE MANHATTAN BANK FKA
CHEMICAL BANK
Defendant(s).
----------------------------------------------------------------X; and it is further
ORDERED, that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
ENTER:
_________________________________
Preview
At an I.A.S. Term, Part ___ of the Supreme Court of the County of Westchester held in the Westchester Supreme Court in the city of White Plains, New York on the __________ day of _______________, 20________. PRESENT: HON. WILLIAM J. GIACOMO SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------X WILMINGTON SAVINGS FUND SOCIETY, ORDER GRANTING SUMMARY FSB, D/B/A CHRISTIANA TRUST, NOT JUDGMENT, DEFAULT AND INDIVIDUALLY BUT AS TRUSTEE FOR REFERENCE TO COMPUTE PRETIUM MORTGAGE ACQUISITION TRUST Plaintiff, vs INDEX #: 60242/2023 RICHARD TOMASULO, MEB LOAN TRUST VII, LLC, JPMORGAN CHASE BANK, N.A. MORTGAGED PREMISES: FKA JPMORGAN CHASE BANK FKA THE 105 Douglas Road CHASE MANHATTAN BANK FKA Chappaqua, NY 10514 CHEMICAL BANK AKA aka 105 Douglas Road, New Castle, NY 10514 JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, Mortgage Servicer: distributees, executors, administrators, trustees, Selene Finance LP guardians, assignees, creditors or successors Mortgage Servicer Phone Number: claiming an interest in the mortgaged premises.) (877) 735-3637 Defendant(s). ----------------------------------------------------------------X Upon considering Plaintiff’s Motion for Summary Judgment, default, for appointment of a Referee to compute, and other relief dated January 19, 2024, the Summons, Complaint, Certificate of Merit, Notice of Pendency, Affidavits of Service upon all defendants, Affirmation of Melissa M. Loecher, Esq. dated January 19, 2024, Affidavit of Dawn Fox in support dated August 07, 2023, all prior papers filed and proceedings held in this action, proof of compliance with all statutory conditions precedent to a foreclosure action; and The Answer of Defendant Richard Tomasulo, and opposition to Plaintiff’s motion submitted by _________________; and The time to answer for defendants MEB Loan Trust VII, LLC and JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical Bank expiring with no answer being filed; and It appearing to the satisfaction of this court that this action was brought to foreclose a mortgage on real property located at 105 Douglas Road, Chappaqua, NY 10514 AKA 105 Douglas Road, New Castle, NY 10514, in the County of Westchester, State of New York, Section 100.6 Block 1 Lot 37 and; NOW, on motion of Gross Polowy LLC, attorney for the plaintiff, it is hereby ORDERED, that Plaintiff’s motion is granted in its entirety; and it is further ORDERED, that Plaintiff is granted summary judgment pursuant to CPLR § 3212; the defenses asserted in the answer filed by Defendant Richard Tomasulo, are dismissed pursuant to CPLR § 3211(b); and Plaintiff shall treat the answer as a limited notice of appearance requiring Plaintiff to serve the answering Defendant, without prior notice, a copy of the entered Judgment of Foreclosure and Sale, notice of sale, notice of discontinuance, and notice of surplus money proceedings pursuant to CPLR § 320: and it is further ORDERED, that default judgment is granted against defendants MEB Loan Trust VII, LLC and JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical Bank, and the defaults are fixed and determined pursuant to CPLR § 3215; and it is further ORDERED, that this action is hereby referred to ____________________________ of _________________________ as Referee to compute the amount due to the plaintiff and to examine and report whether the mortgaged premises can be sold in parcels pursuant to RPAPL § 1321, and that the Referee report to the Court with all convenient speed; and it is further; ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321. The Referee may ascertain and compute the amount due to the Plaintiff for principal, interest, and other disbursements advanced, on the papers submitted by the Plaintiff without holding a hearing on notice pursuant to CPLR 4313, and it is further ORDERED, that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to § 36.2 (c) ("Disqualifications from appointment"), and § 36.2 (d) ("Limitations on appointments based upon compensation"); and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge, and it is further ORDERED, that pursuant to CPLR § 8003(a)(the statutory fee of $350.00) (in the discretion of the court, a fee of $_______), shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance with CPLR § 8003 (b); and it is further ORDERED, that the Referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, that, "John Doe" be removed as a party defendant in this action as no occupants reside at the premises, and that the caption of this action be amended to reflect the removal of "John Doe" as a party defendant; and it is further ORDERED, that the lien which appears to be prior and adverse to the mortgage being foreclosed, namely the lien against Defendant Richard P. Tomasulo, given by the Defendant JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical Bank, recorded on April 07, 1994 at Book 19191 and Page 93 in the amount of $183,000.00 is hereby satisfied and discharged of record as they pertain to the subject property pursuant to RPAPL Article 15; and it is further ORDERED, that all Defendants and all persons or entities claiming by, through or under them, be and are hereby forever barred and foreclosed of and from all right, claim, lien, interest or equity of redemption in and to said mortgaged premises; and it is further ORDERED, that the record be reformed to reflect that the lien of Defendant JPMorgan Chase Bank, N.A. FKA JPMorgan Chase Bank FKA The Chase Manhattan Bank FKA Chemical Bank is satisfied and discharged of record as they pertain to the subject property; and it is further ORDERED, that the Westchester County Clerk is hereby directed to record a certified copy of this Order upon the payment of its requisite and lawful fees and index same against premises known as and by 105 Douglas Road, Chappaqua, NY 10514 AKA 105 Douglas Road, New Castle, NY 10514 and SBL: Section 100.6 Block 1 Lot 37; and it is further ORDERED, that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ----------------------------------------------------------------X WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR INDEX NO: 60242/2023 PRETIUM MORTGAGE ACQUISITION TRUST MORTGAGED PREMISES: 105 Douglas Road Plaintiff, Chappaqua, NY 10514 AKA aka 105 vs. Douglas Road, New Castle, NY 10514 RICHARD TOMASULO, MEB LOAN TRUST VII, LLC, JPMORGAN CHASE BANK, N.A. FKA JPMORGAN CHASE BANK FKA THE CHASE MANHATTAN BANK FKA CHEMICAL BANK Defendant(s). ----------------------------------------------------------------X; and it is further ORDERED, that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. ENTER: _________________________________