Preview
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/21/2021
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
INDEX NO. 850133/201E
[FILEDDOC.:
NYSCEF NEW32 YORK
NO. COUNTY CLERK 03/16/2020 12:2 7 P1d RECEIVED NYSCEF: 07/21/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/202C
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
......---..._.............................................
HILTON RESORTS CORPORATION,
Index No.: 850133/2018
Plaintiff,
AFFIRMATION IN SUPPORT
GIOVANNI FRABASILE and HELEN
PASEK,
Defendants.
...........................................................
CARLA BRYDSON, ESQ., pursuant to CPLR2106 and under the penalties ofperjury, affirms
as follows:
1. I am an attorney at law and attorney of record for the Plaintiff in this action and as such I
am fully familiar with the facts of this case and the proceedings heretofore had herein.
2. The within action is for foreclosure of a mortgage upon real property situated in New York
County.
3. The original Summons and Complaint and Notice of Pendency were duly and regularly
filed in the Office of the County Clerk of New York County on May 11, 2018. Copies of
"A" A-
both are annexed hereto as Exhibit ( Exhibit pp10-40).
4. A copy of the Summons and Complaint herein was upon the Defendent, GIOVANNI
FRABASILE, on September 7, 2018, by personally serving a true copy of each upon the
Defendant, as more fully appears from the original affidavit of service, pursuant to Art. 6
of the Hague Convention, filed with this Court on August 2, 2018, a copy ofwhich is
"B"
annexed hereto as Exhibit ( Exhibit B isat pp 41-42).
5. A copy of the Summes and Complaint herein was upon the Defeñdañt, HELEN PASEK,,
on September 7, 2018, by personally serving a true copy of each upon the Defenda.at, as
more fully appears from the original affidavit of service, purssoñt to Art. 6 of the Hague
Convention, filed with this Court on August 2, 2018, a copy of which is annexed hereto as
"C"
Exhibit ( Exhibit C isat pp 43-44 ).
(Firm/727/00581/02459517.DOCX}5
1 of 3
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
INDEX NO. 850133/2018
[FILED : NEW YORK COUNTY CLERK 03/16/2020 12 i 27 PM|
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/21/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/2020
6. More than thirty (30) days have elapsed since Defendant(s) who were served by personal
delivery pursuant to CPLR 308 (1) and CPLR 308 (2) of the Summons and Complaint were
so served as aforesaid and the said Defendant(s) have not appeared herein and the time to
answer or appear has expired, and more than thirty (30) days have elapsed since the
Defeñdant(s) who were served pursuant to CPLR 308 (2) and CPLR 308 (3) and CPLR
308 (4) of the Summons and Complaint was so served as aforesaid and the said
Defendant(s) have not appeared herein and the time to answer or appear has expired.
7. Upon information, Defendant herein is an infant, absentee or incompetent.
8. No Defendant has answered the Complaint or served a notice of appearance or made a
motion raising an objection to the Complaint, The time for the Defendants to appear or
answer has not been extended nor has such extension been requested and the Defendets
are now in default for want of pleading.
9. The mortgaged premise sought to be sold is described in the attached two page legal
D"
description annexed herein as "Exhibit (Exhibit D is atpp 45-46).
10. The interest sought to be foreclosed is a percentage interest in a timeshare unit. AlthGugh
other parties may have a similar interest in the unit, no other party has an interest in the
same .0271980765638990% tenant in enmman interest sought to be forecicsed.
11. The proceedings herein have all been regular in accordance with the rules and practices of
this Court.
12. No previous apphaticm has been made for the relief requested in the annexed Order.
13. Plaintiff has not abandoned itspositicñ in proceeding with thisaction. After the action was
com...m.wd, Plaintiff Attorneys attempted to made contact with the Defendants on sever
occasions, to ascertain their desirability of having the action settled. However the
Plaintiff's attorneys have been unable to make to make cüñtact with them and to secure an
{Firm/727/00581/02459517.DOCX}6
2 of 3
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
INDEX NO. 850133/201
pr1LEDDOC.:
NYSCEF NEW32YORK
NO. COUNTY CLERK 03/16/2020 12: 27 PN| RECEIVED NYSCEF: 07/21/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/202
agreernent to date. Hence, the Plaintiff was constrained to proceed with the foreclosure
action.
WHEREFORE, your Affirmant respectfully prays for the relief requested in the annexed
Order.
Dated this day of March 2020
CARLATikYD N, ESQ.
CRUSER, MITCHELL, NOVITZ,
SANCHEZ, GASTON & ZIMET, LLP
Attorneys for the Plaintiff
341 Conklin Street, 2nd Floor
Farmingdale, NY 11735
(516) 586-8513
(Firm/727/00581/02459517.DOCX }7
3 of 3
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
INDEX NO. 850133/2018
|FILED:
NYSCEF DOC. NEW 32YORK
NO. COUNTY CLERK 06/01/2021 04 : 48 P1W) RECEIVED NYSCEF: 07/21/2021
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/01/2021
bUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. FRANCIS A. lil PART IAS MOTION 32
KAHN, __
Acting Justice
--_______.____ _.__·--- --X INDEX NO. 850133/2018
HILTON RESORTS CORPORATION,
MOTION DATE N/A
Plaintiff,
MOTION SEQ. NO. 001
- v -
GlOVANN) FRABASlLE, HELEN PASEK DECISION + ORDER ON
MOTION
Defendants.
---.-------------- -------------X
The following e-fileddocuments, listedby NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14,
15. 16, 17, 18
ORDER OF REFERENCE/ REFERENCE TO
were read on this motion to/for COMPUTE
Upon the foregoing documents', the motion is granted without opposition as follows:
ORDERED that the motion for a default judgment against the Defendant is granted; and itis
5th 972-
ORDERED that Paul Sklar, Esq., 551 Avenue Ste 2200 New York, NY 10176-0001 (212)
8845 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and
to examine whether the tax parcel can be sold in parcels; and itis further
ORDERED that the Referee shall hold no hearing and take no testimony or evidence other than by
written submission; the Court is the ultimate arbiter and the Referee's report is merely an advisory fmding; and
itis further
ORDERED that by accepting thisappointment the Referee certifiesthat he isin 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, ifthe
Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall
immediately notify the Appointing Judge; and itis further
ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of $_15_0 shallbe
paid to the Referee for the computation of the amount due and upon the filing of his report and the Referee shall
not request or accept additional compensation for the computation unless ithas been fixed by the court in
accordance with CPLR 8003(b); and itis further;
' Upon the affirmationof itis claimed thatan AO 157/20 conference is not based upon Adminierative Order
counsel, necessary
232/20 as theproperty is a vacantand abandoned timeshare.
850133/2018 HILTON RESORTS CORPORATION vs.FRABASILE. GlOVANNI Page 1 of 2
Motion No. 001
1 of 2
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018
INDEX NO. 850133/2018
FILED : NEW YORK COUNTY CLERK 06/01/2021 04: 48 PM|
NYSCEF
NYSCEF
DOC. NO.
DOC.
32 RECEIVED NYSCEF: 06/01/2021
NYSCEF:
07/21/2021
NO. 23 RECEIVED
ORDERED that the Referee is prohibited from or funds for himself or
accepting retaining any paying
funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is
further
ORDERED that plaintiff shall forward all necessary documents to the Referee and to defendants who
have appeared in this case within 30 days of the date of this order and shall promptly respond to every inquiry
made by the referee (promptly means within two business days); and itis further
ORDERED that ifdefendant(s) have objections, they must submit them to the referee within 14 days of
the rnailing of plaintiff's submissions; and include these objections to the Court ifopposing the motion for a
judgment of foreclosure and sale; and itis further
ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of
objections before the Court on an application for a judgment of foreclosure and sale; and itis further
ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale
within 30 days of receipt of the referee's report; and itis further
ORDERED that ifplaintiff fails to meet these deadlines, then the Court may sua sponte vacate this order
and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interestdepending
on whether the delays are due to plaintiff's failure to move this litigation forward; and itfurther
ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the
County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 1 19),
who are directed to mark the court's records to reflect the parties being removed pursuant hereto; and itis
further
ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be
made in accordance with the procedures set forth inthe Protocol on Courthouse and County Clerk Procedures
"E-Filing"
for Electronically Filed Cases (accessible at the page on the court's website at the address
(www.nycourts.gov/supctmanh)]; and itis further
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on allparties and persons
entitled to notice, including the Referee appointed herein.
All parties are to appear for a virtual conference via Microsoft Teams on August 19, 2021 at 2:20 p.m.
If a motion for judgment of foreclosure and sale has been filed Plaintiff may contact the Part Clerk Tamika
Wright (tswright@nvcourt.aov) in writing to request that the conference be cancelled. If a motion has not been
made, then a conference is required to explore the reasons for the delay.
5/25/2021
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
J.S.C.
X GRANTED DENIED GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
cHECK tF APPROPRIATE: INCLUDES TRANSFER/REASSIGN X FIDUCIARY APFGiNTiviENT REFERENCE
850133/2018 HILTON RESORTS CORPORATION vs.FRABAS!LE, GlOVANNI Page 2 of 2
MotionNo. 001
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/21/2021 EXHIBIT A FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 INDEX NO. 850133/201E [FILEDDOC.: NYSCEF NEW32 YORK NO. COUNTY CLERK 03/16/2020 12:2 7 P1d RECEIVED NYSCEF: 07/21/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/202C SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ......---..._............................................. HILTON RESORTS CORPORATION, Index No.: 850133/2018 Plaintiff, AFFIRMATION IN SUPPORT GIOVANNI FRABASILE and HELEN PASEK, Defendants. ........................................................... CARLA BRYDSON, ESQ., pursuant to CPLR2106 and under the penalties ofperjury, affirms as follows: 1. I am an attorney at law and attorney of record for the Plaintiff in this action and as such I am fully familiar with the facts of this case and the proceedings heretofore had herein. 2. The within action is for foreclosure of a mortgage upon real property situated in New York County. 3. The original Summons and Complaint and Notice of Pendency were duly and regularly filed in the Office of the County Clerk of New York County on May 11, 2018. Copies of "A" A- both are annexed hereto as Exhibit ( Exhibit pp10-40). 4. A copy of the Summons and Complaint herein was upon the Defendent, GIOVANNI FRABASILE, on September 7, 2018, by personally serving a true copy of each upon the Defendant, as more fully appears from the original affidavit of service, pursuant to Art. 6 of the Hague Convention, filed with this Court on August 2, 2018, a copy ofwhich is "B" annexed hereto as Exhibit ( Exhibit B isat pp 41-42). 5. A copy of the Summes and Complaint herein was upon the Defeñdañt, HELEN PASEK,, on September 7, 2018, by personally serving a true copy of each upon the Defenda.at, as more fully appears from the original affidavit of service, purssoñt to Art. 6 of the Hague Convention, filed with this Court on August 2, 2018, a copy of which is annexed hereto as "C" Exhibit ( Exhibit C isat pp 43-44 ). (Firm/727/00581/02459517.DOCX}5 1 of 3 FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 INDEX NO. 850133/2018 [FILED : NEW YORK COUNTY CLERK 03/16/2020 12 i 27 PM| NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 07/21/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/2020 6. More than thirty (30) days have elapsed since Defendant(s) who were served by personal delivery pursuant to CPLR 308 (1) and CPLR 308 (2) of the Summons and Complaint were so served as aforesaid and the said Defendant(s) have not appeared herein and the time to answer or appear has expired, and more than thirty (30) days have elapsed since the Defeñdant(s) who were served pursuant to CPLR 308 (2) and CPLR 308 (3) and CPLR 308 (4) of the Summons and Complaint was so served as aforesaid and the said Defendant(s) have not appeared herein and the time to answer or appear has expired. 7. Upon information, Defendant herein is an infant, absentee or incompetent. 8. No Defendant has answered the Complaint or served a notice of appearance or made a motion raising an objection to the Complaint, The time for the Defendants to appear or answer has not been extended nor has such extension been requested and the Defendets are now in default for want of pleading. 9. The mortgaged premise sought to be sold is described in the attached two page legal D" description annexed herein as "Exhibit (Exhibit D is atpp 45-46). 10. The interest sought to be foreclosed is a percentage interest in a timeshare unit. AlthGugh other parties may have a similar interest in the unit, no other party has an interest in the same .0271980765638990% tenant in enmman interest sought to be forecicsed. 11. The proceedings herein have all been regular in accordance with the rules and practices of this Court. 12. No previous apphaticm has been made for the relief requested in the annexed Order. 13. Plaintiff has not abandoned itspositicñ in proceeding with thisaction. After the action was com...m.wd, Plaintiff Attorneys attempted to made contact with the Defendants on sever occasions, to ascertain their desirability of having the action settled. However the Plaintiff's attorneys have been unable to make to make cüñtact with them and to secure an {Firm/727/00581/02459517.DOCX}6 2 of 3 FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 INDEX NO. 850133/201 pr1LEDDOC.: NYSCEF NEW32YORK NO. COUNTY CLERK 03/16/2020 12: 27 PN| RECEIVED NYSCEF: 07/21/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/16/202 agreernent to date. Hence, the Plaintiff was constrained to proceed with the foreclosure action. WHEREFORE, your Affirmant respectfully prays for the relief requested in the annexed Order. Dated this day of March 2020 CARLATikYD N, ESQ. CRUSER, MITCHELL, NOVITZ, SANCHEZ, GASTON & ZIMET, LLP Attorneys for the Plaintiff 341 Conklin Street, 2nd Floor Farmingdale, NY 11735 (516) 586-8513 (Firm/727/00581/02459517.DOCX }7 3 of 3 FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 INDEX NO. 850133/2018 |FILED: NYSCEF DOC. NEW 32YORK NO. COUNTY CLERK 06/01/2021 04 : 48 P1W) RECEIVED NYSCEF: 07/21/2021 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/01/2021 bUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. FRANCIS A. lil PART IAS MOTION 32 KAHN, __ Acting Justice --_______.____ _.__·--- --X INDEX NO. 850133/2018 HILTON RESORTS CORPORATION, MOTION DATE N/A Plaintiff, MOTION SEQ. NO. 001 - v - GlOVANN) FRABASlLE, HELEN PASEK DECISION + ORDER ON MOTION Defendants. ---.-------------- -------------X The following e-fileddocuments, listedby NYSCEF document number (Motion 001) 9, 10, 11, 12, 13, 14, 15. 16, 17, 18 ORDER OF REFERENCE/ REFERENCE TO were read on this motion to/for COMPUTE Upon the foregoing documents', the motion is granted without opposition as follows: ORDERED that the motion for a default judgment against the Defendant is granted; and itis 5th 972- ORDERED that Paul Sklar, Esq., 551 Avenue Ste 2200 New York, NY 10176-0001 (212) 8845 is hereby appointed Referee in accordance with RPAPL § 1321 to compute the amount due to Plaintiff and to examine whether the tax parcel can be sold in parcels; and itis further ORDERED that the Referee shall hold no hearing and take no testimony or evidence other than by written submission; the Court is the ultimate arbiter and the Referee's report is merely an advisory fmding; and itis further ORDERED that by accepting thisappointment the Referee certifiesthat he isin 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, ifthe Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED that, pursuant to CPLR 8003(a), and in the discretion of the court, a fee of $_15_0 shallbe paid to the Referee for the computation of the amount due and upon the filing of his report and the Referee shall not request or accept additional compensation for the computation unless ithas been fixed by the court in accordance with CPLR 8003(b); and itis further; ' Upon the affirmationof itis claimed thatan AO 157/20 conference is not based upon Adminierative Order counsel, necessary 232/20 as theproperty is a vacantand abandoned timeshare. 850133/2018 HILTON RESORTS CORPORATION vs.FRABASILE. GlOVANNI Page 1 of 2 Motion No. 001 1 of 2 FILED: NEW YORK COUNTY CLERK 07/21/2021 12:46 PM INDEX NO. 850133/2018 INDEX NO. 850133/2018 FILED : NEW YORK COUNTY CLERK 06/01/2021 04: 48 PM| NYSCEF NYSCEF DOC. NO. DOC. 32 RECEIVED NYSCEF: 06/01/2021 NYSCEF: 07/21/2021 NO. 23 RECEIVED ORDERED that the Referee is prohibited from or funds for himself or accepting retaining any paying funds to himself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED that plaintiff shall forward all necessary documents to the Referee and to defendants who have appeared in this case within 30 days of the date of this order and shall promptly respond to every inquiry made by the referee (promptly means within two business days); and itis further ORDERED that ifdefendant(s) have objections, they must submit them to the referee within 14 days of the rnailing of plaintiff's submissions; and include these objections to the Court ifopposing the motion for a judgment of foreclosure and sale; and itis further ORDERED the failure by defendants to submit objections to the referee shall be deemed a waiver of objections before the Court on an application for a judgment of foreclosure and sale; and itis further ORDERED that plaintiff must bring a motion for a judgment of foreclosure and sale within 30 days of receipt of the referee's report; and itis further ORDERED that ifplaintiff fails to meet these deadlines, then the Court may sua sponte vacate this order and direct plaintiff to move again for an order of reference and the Court may sua sponte toll interestdepending on whether the delays are due to plaintiff's failure to move this litigation forward; and itfurther ORDERED that counsel for plaintiff shall serve a copy of this order with notice of entry upon the County Clerk (60 Centre Street, Room 141B) and the General Clerk's Office (60 Centre Street, Room 1 19), who are directed to mark the court's records to reflect the parties being removed pursuant hereto; and itis further ORDERED that such service upon the County Clerk and the Clerk of the General Clerk's Office shall be made in accordance with the procedures set forth inthe Protocol on Courthouse and County Clerk Procedures "E-Filing" for Electronically Filed Cases (accessible at the page on the court's website at the address (www.nycourts.gov/supctmanh)]; and itis further ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on allparties and persons entitled to notice, including the Referee appointed herein. All parties are to appear for a virtual conference via Microsoft Teams on August 19, 2021 at 2:20 p.m. If a motion for judgment of foreclosure and sale has been filed Plaintiff may contact the Part Clerk Tamika Wright (tswright@nvcourt.aov) in writing to request that the conference be cancelled. If a motion has not been made, then a conference is required to explore the reasons for the delay. 5/25/2021 CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION J.S.C. X GRANTED DENIED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER cHECK tF APPROPRIATE: INCLUDES TRANSFER/REASSIGN X FIDUCIARY APFGiNTiviENT REFERENCE 850133/2018 HILTON RESORTS CORPORATION vs.FRABAS!LE, GlOVANNI Page 2 of 2 MotionNo. 001 2 of 2