On February 01, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Blc Prime Lending Fund Ii, Llc,
and
Bryce Properties, Llc,
Dan'S Hauling & Demo, Inc.,
John Or Jane Doe,
New York State Department Of Taxation And Finance,
Safespan Scaffolding, Llc,
Syvertsen Rigosu Architects, Pllc,
The Pike Company, Inc.,
Tk Elevator Corporation,
Troy Holdings Spe Llc,
Uncle Sam Garages Llc,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Rensselaer County.
Preview
INDEX NO. EF2024-275992
(FILED: RENSSELAER COUNTY CLERK 05/15/2024 02:39 PM
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER
ORDER GRANTING
BLC PRIME LENDING FUND II, LLC, DEFAULT JUDGMENT,
DISCONTINUE AS
Plaintiff, AGAINST JOHN AND JANE
DOES AND THE
- against — APPOINTMENT OF A
REFEREE TO COMPUTE
BRYCE PROPERTIES, LLC, UNCLE SAM GARAGES
LLC, THE PIKE COMPANY, INC., SYVERTSEN Index No.: EF2024-275992
RIGOSU ARCHITECTS, PLLC, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, TROY Property Addresses:
HOLDINGS SPE LLC, DAN’S HAULING & DEMO, 2 Third Street, Troy, NY
INC,, SAFESPAN SCAFFOLDING, LLC, TK
ELEVATOR CORPORATION and “JOHN OR JANE 4 Third Street, Troy, NY
DOE” (such designation intending to refer to any and all
other individuals occupying the subject premises and/or 15-35 Third Street, Troy, NY
claiming any interest whatsoever in such premises), (a/k/a 15-25 Third Street)
Defendants.
The Plaintiff, BLC Prime Lending Fund II, LLC, having moved this Court for an Order (i)
granting Plaintiff default judgment pursuant to CPLR 3215 against the Defendants, all of who are
in default; (ii) discontinuing the action against Defendants John or Jane Doe pursuant to CPLR
3217(b); (iii) appointing a Referee pursuant to RPAPL §1321 to compute the amount due to
Plaintiff; and (iv) for such other and further relief as to this Court seems just and proper;
NOW, upon reading and filing the Summons and Verified Foreclosure Complaint, and
Amended Notice of Pendency in this action now on file in the Office of the Rensselaer County
Clerk, upon proof by Affidavit or notice of appearance that each and all of the necessary defendants
have been served with the Summons and Complaint, upon the Affirmation of Paul A. Levine, Esq.,
with the exhibits thereto, dated April 5, 2024, and the Affidavit of Frederic Mills, III, sworn to
April 1, 2024; and
1 of 2
INDEX NO. EF2024-275992
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/15/2024
UPON all proceedings heretofore had herein, whereby it appears that this is an action to
foreclose a commercial mortgage upon real properties located in the County of Rensselaer by
reason of default in the payment of principal, interest, and taxes and pursuant to the terms of a
Note; that all Defendants have either defaulted in appearing or answering after having been
properly served, and that none of the Defendants are an infant or absentee;
NOW, upon the motion of Lemery Greisler LLC, attorneys for the Plaintiff herein,
and no one appearing in opposition thereto, it is hereby
ORDERED that Plaintiffs motion for default judgment is, in all respects, granted
as to all Defendants; and it is further
ORDERED that this action be and hereby is referred to
‘i G » Esq. with offices at BE Thay bf Bat Heenfain. 00 rool
telephone number ok YG3- 4333 , as Referee, who shall compute the amount due the
Plaintiff on the Note set forth in the Verified Foreclosure Complaint, and otherwise report to the
Court as to the manner of sale of the mortgaged premises in one or more parcels, and it is further
a _
ORDERED that said Referee shall be paid a fee of 3 380 CO _ for
carrying out the above specified duties; and it is further
ORDERED that the caption of the case be amended as set forth above on the caption
iny
of this Order to exclude John and Jane Doe.
Signed this o Pay of Me, » 2024 at New
York.
Hon.
Justice, Supreme Court
J. McNally, Jr.
ENTER:
2 of 2
Preview
INDEX NO. EF2024-275992 (FILED: RENSSELAER COUNTY CLERK 05/15/2024 02:39 PM NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER ORDER GRANTING BLC PRIME LENDING FUND II, LLC, DEFAULT JUDGMENT, DISCONTINUE AS Plaintiff, AGAINST JOHN AND JANE DOES AND THE - against — APPOINTMENT OF A REFEREE TO COMPUTE BRYCE PROPERTIES, LLC, UNCLE SAM GARAGES LLC, THE PIKE COMPANY, INC., SYVERTSEN Index No.: EF2024-275992 RIGOSU ARCHITECTS, PLLC, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, TROY Property Addresses: HOLDINGS SPE LLC, DAN’S HAULING & DEMO, 2 Third Street, Troy, NY INC,, SAFESPAN SCAFFOLDING, LLC, TK ELEVATOR CORPORATION and “JOHN OR JANE 4 Third Street, Troy, NY DOE” (such designation intending to refer to any and all other individuals occupying the subject premises and/or 15-35 Third Street, Troy, NY claiming any interest whatsoever in such premises), (a/k/a 15-25 Third Street) Defendants. The Plaintiff, BLC Prime Lending Fund II, LLC, having moved this Court for an Order (i) granting Plaintiff default judgment pursuant to CPLR 3215 against the Defendants, all of who are in default; (ii) discontinuing the action against Defendants John or Jane Doe pursuant to CPLR 3217(b); (iii) appointing a Referee pursuant to RPAPL §1321 to compute the amount due to Plaintiff; and (iv) for such other and further relief as to this Court seems just and proper; NOW, upon reading and filing the Summons and Verified Foreclosure Complaint, and Amended Notice of Pendency in this action now on file in the Office of the Rensselaer County Clerk, upon proof by Affidavit or notice of appearance that each and all of the necessary defendants have been served with the Summons and Complaint, upon the Affirmation of Paul A. Levine, Esq., with the exhibits thereto, dated April 5, 2024, and the Affidavit of Frederic Mills, III, sworn to April 1, 2024; and 1 of 2 INDEX NO. EF2024-275992 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 05/15/2024 UPON all proceedings heretofore had herein, whereby it appears that this is an action to foreclose a commercial mortgage upon real properties located in the County of Rensselaer by reason of default in the payment of principal, interest, and taxes and pursuant to the terms of a Note; that all Defendants have either defaulted in appearing or answering after having been properly served, and that none of the Defendants are an infant or absentee; NOW, upon the motion of Lemery Greisler LLC, attorneys for the Plaintiff herein, and no one appearing in opposition thereto, it is hereby ORDERED that Plaintiffs motion for default judgment is, in all respects, granted as to all Defendants; and it is further ORDERED that this action be and hereby is referred to ‘i G » Esq. with offices at BE Thay bf Bat Heenfain. 00 rool telephone number ok YG3- 4333 , as Referee, who shall compute the amount due the Plaintiff on the Note set forth in the Verified Foreclosure Complaint, and otherwise report to the Court as to the manner of sale of the mortgaged premises in one or more parcels, and it is further a _ ORDERED that said Referee shall be paid a fee of 3 380 CO _ for carrying out the above specified duties; and it is further ORDERED that the caption of the case be amended as set forth above on the caption iny of this Order to exclude John and Jane Doe. Signed this o Pay of Me, » 2024 at New York. Hon. Justice, Supreme Court J. McNally, Jr. ENTER: 2 of 2