Preview
FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL Index No.: 506027/2014
ASSOCIATION, SUCCESSOR IN INTEREST BY
PURCHASE FROM THE FEDERAL DEPOSIT
INSURANCE CORPORATION AS RECEIVER OF
WASHINGTON MUTUAL BANK F/K/A NOTICE OF ENTRY
WASHINGTON MUTUAL BANK, FA, SUCCESSOR
IN INTEREST TO NORTH AMERICAN
MORTGAGE COMPANY,
Plaintiff,
vs.
PETER K. MCKENZIE; SHERREL FARNSWORTH
A/K/A SHERREL A. FARNSWORTH; JPMORGAN
CHASE BANK, N.A.; RAB PERFORMANCE
RECOVERIES, LLC; AMERICAN EXPRESS, FSB;
CAPITAL ONEBANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY ENVIRONMENTAL CONTROL BOARD;
NYC DEPARTMENT OF FINANCE - PARKING
VIOLATIONS BUREAU; WILLIAM DOE; AND
DANIELLE MOORE,
Defendants.
PLEASE TAKE NOTICE that annexed hereto for service upon you is a copy of the
Decision and Order dated January 16, 2020, signed by the Honorable Noach Dear, J.S.C., and
entered in the Kings County Clerk's Office on January 24, 2020.
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FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020
Dated: New York, New York
February 3, 2020
PARKER IBRAHIM & BERG LLP
Attorneys for Plaintiff
JPMorgan Chase Bank, National
Association, successor in interest by
purchase from the Federal Deposit Insurance
Corporation as Receiver of Washington
Mutual Bank f/k/a Washington Mutual
Bank, FA, successor in interest to North
American Mortgage Company
Scott W. Parker, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Phone: (212) 596-7037
E-mail: scott.parker@piblaw.com
Please reply to Somerset address:
5*
270 Davidson Avenue, Floor
Somerset, New Jersey 08873
Phone: (908) 725-9700
To: Kevin Spikes, Esq.
Thomas & Spikes, Esqs.
111 Court Street, 2nd FL.
Brooklyn, New York 11201
Attorneys for Defendant,
Sherrel Farnsworth a/k/a Sherrel A. Farnsworth
David J. Aronstam, Esq.
40 Exchange Place, Suite 2010
New York, New York 10005
Attorneys for Defendant,
Peter McKenzie
JPMorgan Chase Bank, N.A.
c/o CT Corp
8* 13*
111 Avenue, Floor
New York, New York 10011
Defendant
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NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020
RAB Performance Recoveries, LLC
Office of Secretary of State, State of New York
One Commerce Plaza
99 Washington Avenue
Albany, New York 12231
Defendant
American Express, FSB
c/o CT Corp
8* 13*
111 Avenue, Floor
New York, New York 10011
Defendant
Capital One Bank
85 13*
111 Avenue, Floor
New York, New York 10011
Defendant
City of New York Transit Adjudication Bureau
130 Livingston Street
Brooklyn, New York 11201
Defendant
New York City Environmental Control Board
100 Church Street
New York, New York 10007
Defendant
NYC Department of Finance -
Parking
Violations Bureau
100 Church Street
New York, New York 10007
Defendant
William Doe
1"
240 Greene Avenue, Floor
Brooklyn, New York 11238
Defendant
Danielle Moore
1"
240 Greene Avenue, Floor
Brooklyn, New York 11238
Defendant
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FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014
NYSCEF INDEX NYSCEF:
NO. 506027/2014
FILED DOC.
: NO. 233 COUNTY
KINGS CLERK 01/24/2020| RECEIVED 02/03/2020
NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/30/2020
IN@SC t T
Y CLERK At an IAS Part of the
Term, FRP-1, Supreme Court
of the State of New York, held in and for the .
AM 9: 48 County of Kings, at the Courthouse, at 360 Adams
2020 JAN 24
Street, Brooklyn, New York, on the 16*dayof
January 2020.
P R E S E N T:
HON. NOACH DEAR,
J.S.C.
Index No.: 506027/14
JPMORGAN,
ms45
Plaintiff, DECISION AND ORDER
-against-
PETER MCKENZIE et al,
Defendant,
x
Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this
Motion:
Papers Numbered
Motion (MS 5) ___1__
Opposition 2
Reply
Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:
Defendant's motion for a stay is denied. Insufficient basis have been provided for the relief
requested. The Court further notes that the time to close requested in the motion has already elapsed.
In the interest of judicial economy, Plaintiff's time to hold a foreclosure sale is extended until
ninety days following entry of the instant order.
ENTER:
Hon. ch ar, .C.
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FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL Index No.: 506027/2014 ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A NOTICE OF ENTRY WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS, FSB; CAPITAL ONEBANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE - PARKING VIOLATIONS BUREAU; WILLIAM DOE; AND DANIELLE MOORE, Defendants. PLEASE TAKE NOTICE that annexed hereto for service upon you is a copy of the Decision and Order dated January 16, 2020, signed by the Honorable Noach Dear, J.S.C., and entered in the Kings County Clerk's Office on January 24, 2020. [Signaturepagefollows] 1 506027/2014 1 of 4 FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020 Dated: New York, New York February 3, 2020 PARKER IBRAHIM & BERG LLP Attorneys for Plaintiff JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA, successor in interest to North American Mortgage Company Scott W. Parker, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Phone: (212) 596-7037 E-mail: scott.parker@piblaw.com Please reply to Somerset address: 5* 270 Davidson Avenue, Floor Somerset, New Jersey 08873 Phone: (908) 725-9700 To: Kevin Spikes, Esq. Thomas & Spikes, Esqs. 111 Court Street, 2nd FL. Brooklyn, New York 11201 Attorneys for Defendant, Sherrel Farnsworth a/k/a Sherrel A. Farnsworth David J. Aronstam, Esq. 40 Exchange Place, Suite 2010 New York, New York 10005 Attorneys for Defendant, Peter McKenzie JPMorgan Chase Bank, N.A. c/o CT Corp 8* 13* 111 Avenue, Floor New York, New York 10011 Defendant 2 506027/2014 2 of 4 FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 233 RECEIVED NYSCEF: 02/03/2020 RAB Performance Recoveries, LLC Office of Secretary of State, State of New York One Commerce Plaza 99 Washington Avenue Albany, New York 12231 Defendant American Express, FSB c/o CT Corp 8* 13* 111 Avenue, Floor New York, New York 10011 Defendant Capital One Bank 85 13* 111 Avenue, Floor New York, New York 10011 Defendant City of New York Transit Adjudication Bureau 130 Livingston Street Brooklyn, New York 11201 Defendant New York City Environmental Control Board 100 Church Street New York, New York 10007 Defendant NYC Department of Finance - Parking Violations Bureau 100 Church Street New York, New York 10007 Defendant William Doe 1" 240 Greene Avenue, Floor Brooklyn, New York 11238 Defendant Danielle Moore 1" 240 Greene Avenue, Floor Brooklyn, New York 11238 Defendant 3 506027/2014 3 of 4 FILED: KINGS COUNTY CLERK 02/03/2020 04:28 PM INDEX NO. 506027/2014 NYSCEF INDEX NYSCEF: NO. 506027/2014 FILED DOC. : NO. 233 COUNTY KINGS CLERK 01/24/2020| RECEIVED 02/03/2020 NYSCEF DOC. NO. 232 RECEIVED NYSCEF: 01/30/2020 IN@SC t T Y CLERK At an IAS Part of the Term, FRP-1, Supreme Court of the State of New York, held in and for the . AM 9: 48 County of Kings, at the Courthouse, at 360 Adams 2020 JAN 24 Street, Brooklyn, New York, on the 16*dayof January 2020. P R E S E N T: HON. NOACH DEAR, J.S.C. Index No.: 506027/14 JPMORGAN, ms45 Plaintiff, DECISION AND ORDER -against- PETER MCKENZIE et al, Defendant, x Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion: Papers Numbered Motion (MS 5) ___1__ Opposition 2 Reply Upon the foregoing cited papers, the Decision/Order on this Motion is as follows: Defendant's motion for a stay is denied. Insufficient basis have been provided for the relief requested. The Court further notes that the time to close requested in the motion has already elapsed. In the interest of judicial economy, Plaintiff's time to hold a foreclosure sale is extended until ninety days following entry of the instant order. ENTER: Hon. ch ar, .C. 1 of 1 4 of 4