Preview
â€
FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
- - - - - - - - - - - - - - - - - - - - - x
DEUTSCHE BANK NATIONAL TRUST COMPANY, Index No.: 2018-50043
AS TRUSTEE FOR AMERIQUEST MORTGAGE
SECURITIES ASSET-BACKED PASS-
INC.,
THROUGH CERTIFICATES, SERIES 2005-R11,
Plaintiff(s),
AFFIRMATION IN SUPPORT
OF DISCONTINUING ACTION,
-against- AND CANCELING LIS
PENDENS
LYNDA JAMES, CORTLAND JAMES A/K/A
CORTLAND LAMES, DUTCHESS COUNTY CLERK,
Section 7167, Block 13,
Lot 083360
#1" #12,"
"JOHN DOE through "JOHN DOE
the last twelve names being fictitious
and unknown to plaintiff, the persons
or parties intended being the tenants,
occupants, persons or corporations, if
any, having or claiming an interest in
or lien upon the premises, described in
the complaint,
Defendant(s).
- - - - - - - - - - - - - - - - - - - - - x
Christal S. Prinz, Esq., an attorney and counselor at law
admitted to practice before all the courts of the State of New York,
respectfully affirms the following under penalties of perjury and
pursuant to CPLR 2106:
1. I am associated with LEOPOLD & ASSOCIATES, PLLC, the
attorneys of record for the Plaintiff in the within foreclosure
action and as such I am familiar with the proceedings heretofore had
herein and the subject foreclosure action.
2. This Affirmation is submitted in support of Plaintiff's
1 of 3
FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018
application for an order discontinuing the above entitled action, and
canceling a Notice of Pendency heretofore filed in this action on
January 8, 2018, against property known as 9 Morton Place A/K/A 9
Mortin Place, Amenia, NY 12501, parcel identification number Section
7167, Block 13, Lot 083360.
3. Prior hereto, on January 8, 2018, there was duly filed with
the Clerk of this Court a Summons, Complaint and Notice of Pendency
wherein an action was commenced by Plaintiff to foreclose a mortgage
held by it on premises situate within the territorial jurisdiction of
this Court by reason of the default of the mortgagors of the premises
in making payments under the aforesaid mortgage.
4. As appears by the Affidavits of Service heretofore filed,
all of the Defendants were served with copies of the Summons and
Complaint and none of the said Defendants answered, moved or appeared
with respect thereto, although the time for them to do so has
expired, except for the following:
JAMES M. FEDORCHAK, ESQ.
COUNTY ATTORNEY
ATORNEY FOR DEFENDANT COUNTY OF DUTCHESS
5. The above entitled action having been compromised and
settled by way of a fully executed loan modification, and there being
no party who is an infant or incompetent person for whom a committee
has been appointed, and there being no person not a party who has any
interest in the subject matter of said action, it is respectfully
requested that this action be discontinued, and the Lis Pendens filed
herein canceled.
2 of 3
â€
FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018
6. No Referee has been appointed in this action.
7. No previous application has been made by this office for
the relief requested herein.
WHEREFORE, your affirmant prays for an order of this Court
discontinuing the instant action, canceling the Notice of Pendency,
and for such other and further relief as the Court may deem just,
equitable, and proper.
Dated: Armonk, New York
July 19, 2018
Ch istal S. Prinz, Esq.
Leopold & Associates, PLLC
Attorneys for Plaintiff
80 Business Park Drive,
Suite 110
Armonk, NY 10504
Phone: (914)219-5787
Fax: (914)219 55
3 of 3
Preview
†FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS - - - - - - - - - - - - - - - - - - - - - x DEUTSCHE BANK NATIONAL TRUST COMPANY, Index No.: 2018-50043 AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES ASSET-BACKED PASS- INC., THROUGH CERTIFICATES, SERIES 2005-R11, Plaintiff(s), AFFIRMATION IN SUPPORT OF DISCONTINUING ACTION, -against- AND CANCELING LIS PENDENS LYNDA JAMES, CORTLAND JAMES A/K/A CORTLAND LAMES, DUTCHESS COUNTY CLERK, Section 7167, Block 13, Lot 083360 #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). - - - - - - - - - - - - - - - - - - - - - x Christal S. Prinz, Esq., an attorney and counselor at law admitted to practice before all the courts of the State of New York, respectfully affirms the following under penalties of perjury and pursuant to CPLR 2106: 1. I am associated with LEOPOLD & ASSOCIATES, PLLC, the attorneys of record for the Plaintiff in the within foreclosure action and as such I am familiar with the proceedings heretofore had herein and the subject foreclosure action. 2. This Affirmation is submitted in support of Plaintiff's 1 of 3 FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018 application for an order discontinuing the above entitled action, and canceling a Notice of Pendency heretofore filed in this action on January 8, 2018, against property known as 9 Morton Place A/K/A 9 Mortin Place, Amenia, NY 12501, parcel identification number Section 7167, Block 13, Lot 083360. 3. Prior hereto, on January 8, 2018, there was duly filed with the Clerk of this Court a Summons, Complaint and Notice of Pendency wherein an action was commenced by Plaintiff to foreclose a mortgage held by it on premises situate within the territorial jurisdiction of this Court by reason of the default of the mortgagors of the premises in making payments under the aforesaid mortgage. 4. As appears by the Affidavits of Service heretofore filed, all of the Defendants were served with copies of the Summons and Complaint and none of the said Defendants answered, moved or appeared with respect thereto, although the time for them to do so has expired, except for the following: JAMES M. FEDORCHAK, ESQ. COUNTY ATTORNEY ATORNEY FOR DEFENDANT COUNTY OF DUTCHESS 5. The above entitled action having been compromised and settled by way of a fully executed loan modification, and there being no party who is an infant or incompetent person for whom a committee has been appointed, and there being no person not a party who has any interest in the subject matter of said action, it is respectfully requested that this action be discontinued, and the Lis Pendens filed herein canceled. 2 of 3 †FILED: DUTCHESS COUNTY CLERK 07/19/2018 05:08 PM INDEX NO. 2018-50043 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 07/19/2018 6. No Referee has been appointed in this action. 7. No previous application has been made by this office for the relief requested herein. WHEREFORE, your affirmant prays for an order of this Court discontinuing the instant action, canceling the Notice of Pendency, and for such other and further relief as the Court may deem just, equitable, and proper. Dated: Armonk, New York July 19, 2018 Ch istal S. Prinz, Esq. Leopold & Associates, PLLC Attorneys for Plaintiff 80 Business Park Drive, Suite 110 Armonk, NY 10504 Phone: (914)219-5787 Fax: (914)219 55 3 of 3