Preview
[FILED
FILED: : NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 08/24/2020 10:37 AM INDEX
INDEX NO.
NO. 601039/2019
601039/2019
07/17/2019]
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 51
61 RECEIVED NYSCEF: 08/24/2020
RECEIVED NYSCEF: 07/18 /2019
At a(n) frf upreme
Court the State of New Yorl unty
of spau held at 100 Supreme urt
Dri e, Mineola, NY 11501, o he
day 1 6 2 9 , 2019
PRESENT: t/w
WOWWW
MTGLQ INVESTORS, L.P.,
ORDER GRANTING
Plaintiff, SUMMARY JUDGMENT,
-against- NUNC PRO
REFERENCE,
TUNC RELIEF AND
NADINE OCHS; PETER OCHS; CADLES OF AMENDMENT OF CAPTION
GRASSY MEADOW II LLC; JPMORGAN CHASE
#1"
BANK, N.A.; "JOHN DOE through "JOHN DOE
#10"
inclusive the names of the ten last name Index No. 601039/2019
Defendants being fictitious, real names unknown to the
Plaintiff, the parties intended being persons or
corporations having an interest in, or tenants or persons
in possession of, portions of the mortgaged premises
described in the Complaint,
Defendants. a
UPON the Notice of Pendency of Action, Summons and Complaint, all y filed
hereinon January 22, 2019, and upon reading the Notice of Motion, Affirmation in Support and
Memorandum of Law of Sara A. Coletti, Esq., both dated May 1, 2019, the Affidavit of Justin
Jenkins, Assistant Vice President of Rushmore Loan Management Services, LLC, servicer for
the Plaintiff, the Affidavits of Service, and the Answer with Affirmative Defenses of Defendants
Peter D. Ochs and Nadine Ochssworn to on March 28, 2019, and on motion of the law firm of
Knuckles, Komosinski & Manfro, LLP, attorneys for the Plaintiff, said motion having come on
to be heard before this Court on b - and pursuant to the Decision
ef , 2019,
and Order of this Court, dated- afterdue deliberation, itis:
ORDERED, that Plaintiff's motion shall be in all respects granted; and itis further
1
1 of 3
[FILED
FILED: : NASSAU
NASSAU COUNTY
COUNTY CLERK
CLERK 08/24/2020 10:37 AM INDEX
INDEX NO.
NO. 601039/2019
601039/2019
07/17/2019|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 51
61 RECEIVED NYSCEF: 08/24/2020
RECEIVED NYSCEF: 07/18/2019
.
ORDERED, that Summary Judgment shall be and the same hereby is granted to
Plaintiff; and it isfurther
ORDERED, that the Answer of Defendants Peter D. Ochs and Nadine (hereinafter
"Defendant") shall be and the same is hereby dismissed, and the appearance of such Defendant
shall be limited to a Notice of Appearance and Waiver; and itis further
John G. Kennedy, Esq.
3 Avenue
this action and the same is referred to Quincy
ORDERED, be, hereby
Bayville, N.Y. 11709
628-0003
(516)
Fid # 672501
attorneys'
as Referee to ascertain and compute the amount due, except for fees, to Plaintiff for
priñcipal, interest and other disbursements advanced as provided for in the note and mortgage
upon which this action was brought, to examine and report whether or not the mortgaged
premises can be sold in parcels, and that the referee make his/her report to the Court with all
convenient speed; and itis further
ORDERED, that if required, said Referee take testimony pursuant to RPAPL § 1321;
and itis further
ORDERED, that the caption of this action as well as all papers previously filed herein be
amended by striking John Doe #1 through John Doe #10; and itis further
O that the New York State Banking D ep@fi#ngsvMeffWcTrred
on January 31, 2019, be r unc as if same had occurred within five (5) business
cþyeeftE Y ng of the Lis Pendens on January 22, itairfmWier
2
2 of 3
FILED: NASSAU COUNTY CLERK 08/24/2020 10:37 AM INDEX
INDEX NO.
NO. 601039/2019
601039/2019
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 51
61 RECEIVED NYSCEF: 08/24/2020
RECEIVED NYSCEF: 07/18/2019
.
.
ORDERED, that the amended caption shall read as follows:
MTGLQ INVESTORS, L.P.,
Plaintiff,
-against-
Index No. 601039/2019
NADINE OCHS; PETER OCHS; CADLES OF
GRASSY MEADOW II LLC; JPMORGAN CHASE
BANK, N.A.
Defendants.
; and itis 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 it isfurther
ORDERED, that pursuant to CPLR 8003(a) and in the discretion of the Court, a fee of
$ shall be paid to the Referee upon the filing of his/her report, and in accordance
with CPLR 8003(b), the statutory fee shall be paid to the referee at the time of the foreclosure
sale; and itis 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.
SUBMISSIONOF JUDGEMENT
is directed to
the plaintiff
The Order of Reference is hereby issued and
the
to confirm RefereeReportand to submit its
proceed to submit its application
and
Foreclosure Salewithin6months of this Order.
Judgement of
may result in sanctions
Failure to submit the Jud;;cment as directed
actionbasedon abandenmara pursuant to
and/oran orderofthe of
dismissal this
herein.
22 NYCRR202.48 and as directed
appears at the next scheduled status
Accordingly, when the matter
compliance
regarding with this directive will be made and the
conference, inquiry , J.S.C
furtherorder with
consistent shall issue.
this directive
issuance of any
THOMAS A ENsTERED
3 JUL 17 208
NASSAU COUNTY
COUNTY CLERICS OFFICE
3 of 3
Preview
[FILED FILED: : NASSAU NASSAU COUNTY COUNTY CLERK CLERK 08/24/2020 10:37 AM INDEX INDEX NO. NO. 601039/2019 601039/2019 07/17/2019] NYSCEF NYSCEF DOC. DOC. NO. NO. 51 61 RECEIVED NYSCEF: 08/24/2020 RECEIVED NYSCEF: 07/18 /2019 At a(n) frf upreme Court the State of New Yorl unty of spau held at 100 Supreme urt Dri e, Mineola, NY 11501, o he day 1 6 2 9 , 2019 PRESENT: t/w WOWWW MTGLQ INVESTORS, L.P., ORDER GRANTING Plaintiff, SUMMARY JUDGMENT, -against- NUNC PRO REFERENCE, TUNC RELIEF AND NADINE OCHS; PETER OCHS; CADLES OF AMENDMENT OF CAPTION GRASSY MEADOW II LLC; JPMORGAN CHASE #1" BANK, N.A.; "JOHN DOE through "JOHN DOE #10" inclusive the names of the ten last name Index No. 601039/2019 Defendants being fictitious, real names unknown to the Plaintiff, the parties intended being persons or corporations having an interest in, or tenants or persons in possession of, portions of the mortgaged premises described in the Complaint, Defendants. a UPON the Notice of Pendency of Action, Summons and Complaint, all y filed hereinon January 22, 2019, and upon reading the Notice of Motion, Affirmation in Support and Memorandum of Law of Sara A. Coletti, Esq., both dated May 1, 2019, the Affidavit of Justin Jenkins, Assistant Vice President of Rushmore Loan Management Services, LLC, servicer for the Plaintiff, the Affidavits of Service, and the Answer with Affirmative Defenses of Defendants Peter D. Ochs and Nadine Ochssworn to on March 28, 2019, and on motion of the law firm of Knuckles, Komosinski & Manfro, LLP, attorneys for the Plaintiff, said motion having come on to be heard before this Court on b - and pursuant to the Decision ef , 2019, and Order of this Court, dated- afterdue deliberation, itis: ORDERED, that Plaintiff's motion shall be in all respects granted; and itis further 1 1 of 3 [FILED FILED: : NASSAU NASSAU COUNTY COUNTY CLERK CLERK 08/24/2020 10:37 AM INDEX INDEX NO. NO. 601039/2019 601039/2019 07/17/2019| NYSCEF NYSCEF DOC. DOC. NO. NO. 51 61 RECEIVED NYSCEF: 08/24/2020 RECEIVED NYSCEF: 07/18/2019 . ORDERED, that Summary Judgment shall be and the same hereby is granted to Plaintiff; and it isfurther ORDERED, that the Answer of Defendants Peter D. Ochs and Nadine (hereinafter "Defendant") shall be and the same is hereby dismissed, and the appearance of such Defendant shall be limited to a Notice of Appearance and Waiver; and itis further John G. Kennedy, Esq. 3 Avenue this action and the same is referred to Quincy ORDERED, be, hereby Bayville, N.Y. 11709 628-0003 (516) Fid # 672501 attorneys' as Referee to ascertain and compute the amount due, except for fees, to Plaintiff for priñcipal, interest and other disbursements advanced as provided for in the note and mortgage upon which this action was brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the referee make his/her report to the Court with all convenient speed; and itis further ORDERED, that if required, said Referee take testimony pursuant to RPAPL § 1321; and itis further ORDERED, that the caption of this action as well as all papers previously filed herein be amended by striking John Doe #1 through John Doe #10; and itis further O that the New York State Banking D ep@fi#ngsvMeffWcTrred on January 31, 2019, be r unc as if same had occurred within five (5) business cþyeeftE Y ng of the Lis Pendens on January 22, itairfmWier 2 2 of 3 FILED: NASSAU COUNTY CLERK 08/24/2020 10:37 AM INDEX INDEX NO. NO. 601039/2019 601039/2019 NYSCEF NYSCEF DOC. DOC. NO. NO. 51 61 RECEIVED NYSCEF: 08/24/2020 RECEIVED NYSCEF: 07/18/2019 . . ORDERED, that the amended caption shall read as follows: MTGLQ INVESTORS, L.P., Plaintiff, -against- Index No. 601039/2019 NADINE OCHS; PETER OCHS; CADLES OF GRASSY MEADOW II LLC; JPMORGAN CHASE BANK, N.A. Defendants. ; and itis 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 it isfurther ORDERED, that pursuant to CPLR 8003(a) and in the discretion of the Court, a fee of $ shall be paid to the Referee upon the filing of his/her report, and in accordance with CPLR 8003(b), the statutory fee shall be paid to the referee at the time of the foreclosure sale; and itis 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. SUBMISSIONOF JUDGEMENT is directed to the plaintiff The Order of Reference is hereby issued and the to confirm RefereeReportand to submit its proceed to submit its application and Foreclosure Salewithin6months of this Order. Judgement of may result in sanctions Failure to submit the Jud;;cment as directed actionbasedon abandenmara pursuant to and/oran orderofthe of dismissal this herein. 22 NYCRR202.48 and as directed appears at the next scheduled status Accordingly, when the matter compliance regarding with this directive will be made and the conference, inquiry , J.S.C furtherorder with consistent shall issue. this directive issuance of any THOMAS A ENsTERED 3 JUL 17 208 NASSAU COUNTY COUNTY CLERICS OFFICE 3 of 3