Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------x
THE BOARD OF MANAGERS OF THE REGATTA
CONDOMINIUM, Index No. 0150523/17
Plaintiff, ORDER WITH
NOTICE OF ENTRY
-against-
VINAY K. DEWAN, ANJALI DEWAN, JP MORGAN
DOE"
CHASE BANK, and "JOHN No. 1 through
DOE"
"JOHN No. 15, the true name of said
Defendants being unknown to plaintiff, the parties
Intended to be those persons having or claiming
An interest in the liened premises described in the
Complaint by virtue of being tenants, or occupants,
Or judgment-creditors, or lienors of any type or nature
In all or part of said premises,
Defendants,
-----------------------------------------------------------------------x
S I R S :
PLEASE TAKE NOTICE, that an ORDER, dated February 21, 2018, of which the
within is a true copy, was duly entered in the Office of the Clerk of the County of New York
on the 22nd day of February, 2018.
DATED: New York, New York
March 5, 2018
SICHENZIA ROSS FERENCE KESNER LLP
By: To J. Manister, Esq.
Attorney for the Defendant
37*
1185 Avenue of the Americas, Floor
New York, NY 10036
(212) 930-9700
1 of 5
FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018
TO:
BELKIN BURDEN WENIG & GOLDMAN, LLP
Christina Proctor, Esq..
Attorneys for Plaintiff
270 Madison Avenue
New York, New York 10016
Tel. No.: (212) 867-4466
Fax No.: (212) 297-1859
Email: eproctor@bbwg.com
SHAPIRO, DICARO & BARAK, LLC
Ellis M. Oster, Esq.
Attorneys for Defendant, JP Morgan Chase Bank, N.A.
175 Mile Crossing Boulevard
Rochester, NY 14624
(585) 247-9000
2 of 5
FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018
INDEX No. 150523/ 2017
FILED: NEW YORK COUNTY CLERK 02/22/ 2018 04: 39 PM)
RECEIVED NYSCEF: 02/22/2018
NYSCEF DOC. NO. 43
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MARGARET A. CHAN PART 33
Justice
..---..--..----------------------------------X X
BOARD OF MANAGERS OF THE REGATTA CONDOMINIUM. INDEX NO. 15Ò523/2017
Plaintiff,
MOTION DATE 02/21/2018
- v -
VINAY DEWAN, ANJALI DEWAN, JP MORGAN CHASE BANK, MOTION SEQ. NO. 001
JOHN DOE NO. 1 THROUGH JOHN DOE NO. 15
Defendant.
DECISION AND ORDER
____________________.--..---X
The followinge-fileddocuments, listedby NYSCEF document number 10, 11, 12, 13, 14, 15, 16, 17,
18, 19,20, 21, 22, 23, 24, 25, 26,27, 28, 29, 32, 33,34, 35, 36, 37,38, 39, 40, 41
were read on this motion to/for JUDGMENT - DEFAULT
Upon the documents, it is decided and ordered as follow:
foregoing
Plaintiff brought a foreclosure action against owners of condominium units
638 and 639 at 21 South End Avenue in the city, state and county of New York, for
failure to pay common charges, assessments, late fees, and interest since January 1,
2016. Defendants Vinay Dewan and Anjali Dewan have not answered the complaint
2017'
which was served on March 23, 2017; thus, plaintiff seeks a default judgment
against defendants Vinay Dewan and Anjali Dewan. Plaintiff also moves to dismiss
defendants John Doe No. 1 through John Doe No. 15; discontinue the action as
prejudice'
against defendant JP Morgan Chase Bank without prejudice; and for appointment
of a referee to assess the 2 units in suit. The Dewan defendants oppose the motion
for a default judgment against them and cross-move for an extension of time to
answer or compel plaintiff to accept their proposed answer. There was no opposition
to the cross-motion.
It is the general policy of the courts to permit actions to be determined by a
trial on the merits wherever possible (see 38 Holding Corp. v City ofNew York, 179
AD2d 486, 487 {1st Dept 1992]). As defendants have indicated their intent to
litigate the issues presented, this court will permit them to file a late answer.
150523/20t7 BOARD OF MANAGERS OF THE vs.DEWAN, VINAY K. Page 1 of 2
MotionNo. 001
1 of 2
3 of 5
FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018
INDEX NO. 150523/2017
IFILED: NEW YORK COUNTY CLERK 02/22/2018 04:39 PM)
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/22/2018
Accordingly, it is hereby, ORDERED, plaintiffs motion for a default
defendants'
judgment is denied, and cross-motion is granted to the extent that their
proposed answer is deemed timely. The parties are instructed to appear for a
preliminary conference on April 11, 2017 at 9:30 AMin this Part located at 71
Thomas Street, Room 103.
This constitutes the decision and order of the court.
2/21/2018
DATE MARGARET A. CHAN J.S.C.
CHECKONE: CASEDISPOSED X NON.FINALDISPOSITION
GRANTED DENIED GRANTEDIN PART X OTHER
APPLICATION: SETTLEORDER SUBMITORDER
CHECKIF APPROPRIATE: DO NOTPOST FIDUCIARYAPPOINTMENT REFERENCE
150523/2017 BOARD OF MANAGERS OF THE vs. DEWAN, VINAY K. Page 2 of 2
MotionNo. 001
2 of 2
4 of 5
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and resides in Staten
Island, New York;
5"'
That on the day of March, 2018, I served a true and complete copy of the annexed
ORDER WITH NOTICE OF ENTRY, by First Class mail by depositing the same in a
postpaid, properly addressed wrapper in an official depository under the exclusive care and
custody of the United States Postal Service, addressed to:
BELKIN BURDEN WENIG & GOLDMAN, LLP
270 Madison Avenue
New York, New York 10016
SHAPIRO, DICARO & BARAK, LLC
175 Mile Crossing Boulevard
Rochester, NY 14624
that being the addresses designated by him½er\them upon the last paper served by
him½er\them in this action.
a Roberts
Sworn to before me this
5th day of M h, 2018.
NOTARY PUBLIC
TODD J. MANISTER
Notary Public, State of New York
M 49 75
Qualified
in NassauCounty
Commission Expires March 26,20+&
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------x THE BOARD OF MANAGERS OF THE REGATTA CONDOMINIUM, Index No. 0150523/17 Plaintiff, ORDER WITH NOTICE OF ENTRY -against- VINAY K. DEWAN, ANJALI DEWAN, JP MORGAN DOE" CHASE BANK, and "JOHN No. 1 through DOE" "JOHN No. 15, the true name of said Defendants being unknown to plaintiff, the parties Intended to be those persons having or claiming An interest in the liened premises described in the Complaint by virtue of being tenants, or occupants, Or judgment-creditors, or lienors of any type or nature In all or part of said premises, Defendants, -----------------------------------------------------------------------x S I R S : PLEASE TAKE NOTICE, that an ORDER, dated February 21, 2018, of which the within is a true copy, was duly entered in the Office of the Clerk of the County of New York on the 22nd day of February, 2018. DATED: New York, New York March 5, 2018 SICHENZIA ROSS FERENCE KESNER LLP By: To J. Manister, Esq. Attorney for the Defendant 37* 1185 Avenue of the Americas, Floor New York, NY 10036 (212) 930-9700 1 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018 TO: BELKIN BURDEN WENIG & GOLDMAN, LLP Christina Proctor, Esq.. Attorneys for Plaintiff 270 Madison Avenue New York, New York 10016 Tel. No.: (212) 867-4466 Fax No.: (212) 297-1859 Email: eproctor@bbwg.com SHAPIRO, DICARO & BARAK, LLC Ellis M. Oster, Esq. Attorneys for Defendant, JP Morgan Chase Bank, N.A. 175 Mile Crossing Boulevard Rochester, NY 14624 (585) 247-9000 2 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018 INDEX No. 150523/ 2017 FILED: NEW YORK COUNTY CLERK 02/22/ 2018 04: 39 PM) RECEIVED NYSCEF: 02/22/2018 NYSCEF DOC. NO. 43 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MARGARET A. CHAN PART 33 Justice ..---..--..----------------------------------X X BOARD OF MANAGERS OF THE REGATTA CONDOMINIUM. INDEX NO. 15Ò523/2017 Plaintiff, MOTION DATE 02/21/2018 - v - VINAY DEWAN, ANJALI DEWAN, JP MORGAN CHASE BANK, MOTION SEQ. NO. 001 JOHN DOE NO. 1 THROUGH JOHN DOE NO. 15 Defendant. DECISION AND ORDER ____________________.--..---X The followinge-fileddocuments, listedby NYSCEF document number 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20, 21, 22, 23, 24, 25, 26,27, 28, 29, 32, 33,34, 35, 36, 37,38, 39, 40, 41 were read on this motion to/for JUDGMENT - DEFAULT Upon the documents, it is decided and ordered as follow: foregoing Plaintiff brought a foreclosure action against owners of condominium units 638 and 639 at 21 South End Avenue in the city, state and county of New York, for failure to pay common charges, assessments, late fees, and interest since January 1, 2016. Defendants Vinay Dewan and Anjali Dewan have not answered the complaint 2017' which was served on March 23, 2017; thus, plaintiff seeks a default judgment against defendants Vinay Dewan and Anjali Dewan. Plaintiff also moves to dismiss defendants John Doe No. 1 through John Doe No. 15; discontinue the action as prejudice' against defendant JP Morgan Chase Bank without prejudice; and for appointment of a referee to assess the 2 units in suit. The Dewan defendants oppose the motion for a default judgment against them and cross-move for an extension of time to answer or compel plaintiff to accept their proposed answer. There was no opposition to the cross-motion. It is the general policy of the courts to permit actions to be determined by a trial on the merits wherever possible (see 38 Holding Corp. v City ofNew York, 179 AD2d 486, 487 {1st Dept 1992]). As defendants have indicated their intent to litigate the issues presented, this court will permit them to file a late answer. 150523/20t7 BOARD OF MANAGERS OF THE vs.DEWAN, VINAY K. Page 1 of 2 MotionNo. 001 1 of 2 3 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018 INDEX NO. 150523/2017 IFILED: NEW YORK COUNTY CLERK 02/22/2018 04:39 PM) NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/22/2018 Accordingly, it is hereby, ORDERED, plaintiffs motion for a default defendants' judgment is denied, and cross-motion is granted to the extent that their proposed answer is deemed timely. The parties are instructed to appear for a preliminary conference on April 11, 2017 at 9:30 AMin this Part located at 71 Thomas Street, Room 103. This constitutes the decision and order of the court. 2/21/2018 DATE MARGARET A. CHAN J.S.C. CHECKONE: CASEDISPOSED X NON.FINALDISPOSITION GRANTED DENIED GRANTEDIN PART X OTHER APPLICATION: SETTLEORDER SUBMITORDER CHECKIF APPROPRIATE: DO NOTPOST FIDUCIARYAPPOINTMENT REFERENCE 150523/2017 BOARD OF MANAGERS OF THE vs. DEWAN, VINAY K. Page 2 of 2 MotionNo. 001 2 of 2 4 of 5 FILED: NEW YORK COUNTY CLERK 03/06/2018 02:38 PM INDEX NO. 150523/2017 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 03/06/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in Staten Island, New York; 5"' That on the day of March, 2018, I served a true and complete copy of the annexed ORDER WITH NOTICE OF ENTRY, by First Class mail by depositing the same in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service, addressed to: BELKIN BURDEN WENIG & GOLDMAN, LLP 270 Madison Avenue New York, New York 10016 SHAPIRO, DICARO & BARAK, LLC 175 Mile Crossing Boulevard Rochester, NY 14624 that being the addresses designated by him½er\them upon the last paper served by him½er\them in this action. a Roberts Sworn to before me this 5th day of M h, 2018. NOTARY PUBLIC TODD J. MANISTER Notary Public, State of New York M 49 75 Qualified in NassauCounty Commission Expires March 26,20+& 5 of 5