Preview
FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------X
DEUTSCHE BANK NATIONAL TRUST INDEX NO. 520498/2021
COMPANY, AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT NOTICE OF MOTION FOR
RELATING TO IMPAC SECURED ASSETS SUMMARY DEFAULT
JUDGMENT,
CORP., MORTGAGE PASS-THROUGH JUDGMENT AND APPOINTING
CERTIFICATES, SERIES 2006-1, REFEREE TO COMPUTE
Plaintiff,
MORTGAGED PROPERTY:
-against-
639 HENDRIX STREET
'
JAMES FREDERICK; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW
COUNTY: KINGS
YORK CITY PARKING VIOLATIONS
BUREAU; NEW YORK CITY TRANSIT
Block: 4075
ADJUDICATION BUREAU, Lpt: 44
#1"
"JOHN DOE through "JOHN DOE #12", 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
Subject Property described in the Complaint
Defendants.
--------------------------------------------------X
Counselor:
PLEASE TAKE NOTICE, that upon the attached affirmation of Ankit Mehta, Esq., dated
July 13, 2022, the affidavit of Shana Golding, sworn to March 29, 2022, the exhibits attached
thereto, and all prior proceedings in this case, Plaintiff Deutsche Bank National Trust Company,
as Trustee under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp.,
Mortgage Pass-Through Certificates, Series 2006-1 ("Plaintiff") will move this Court at an IAS
Term Part _ on the 1_2th day of August, 2022 at 9:30 AM., of the Supreme Court of Kings
County located at 360 Adams Street, Brooklyn, NY 11201, or as soon thereafter as the parties may
be heard, for an order:
21-049689 - HaA
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FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022
1. Awarding Plaintiff Summary Judgment against Answering Defendant JAMES
FREDERICK, and to strike the Answer interposed by said Defendant;
2. Appointing a Referee to compute the amount due Plaintiff, examine whether the
mortgaged property known as 639 HENDRIX STREET, BROOKLYN, NY 11213 may be sold in
parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL §
1321;
3. Declaring that all non-appearing and non-answering defendants are in default
pursuant to CPLR § 3215;
DOE"
4. Amending the caption of the action by substituting the names of "JOHN
DOE" DOE"
(REFUSED NAME); "JOHN (REFUSED NAME); "JOHN (REFUSED NAME);
DOE" "DOE"
"JOHN (REFUSED NAME); SAMANTHA (REFUSED LAST NAME); "JOHN
DOE" DOE" DOE"
(REFUSED NAME); "JOHN (REFUSED NAME); "JOHN (REFUSED
DOE" "JOHN"
NAME); "JOHN (REFUSED NAME); JENNINGS (REFUSED FIRST NAME)
#1" #10"
in place and stead of "JOHN DOE through "JOHN DOE and by removing the remaining
#11" #12"
Defendants sued herein as "JOHN DOE through "JOHN DOE as a party defendant in
this action; and
5. Granting such additional relief as the Court may deem just and proper.
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers
and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned
at least seven (7) days prior to the return date of this motion.
Dated: July 13, 2022
Westbury, New York ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorneys for P ff
Ankit Mehta, Esq.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
(516) 280-7675
TO:
ANGELYN D. JOHNSON, ESQ.
ATTORNEY FOR DEFENDANT JAMES FREDERICK
26 COURT STREET, SUITE 2610
BROOKLYN, NY 11242
(718) 875-2145
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD
100 CHURCH STREET
NEW YORK, NY 10007
NEW YORK CITY PARKING VIOLATIONS BUREAU
100 CHURCH STREET
NEW YORK, NY 10007
NEW YORK CITY TRANSIT ADJUDICATION BUREAU
130 LIVINGSTON STREET
BROOKLYN, NY 11201
DOE"
"JOHN (REFUSED NAME)
#1"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
21-049689 - HaA
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NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022
DOE"
"JOHN (REFUSED NAME)
#2"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#3"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#4"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
"DOE"
SAMANTHA (REFUSED LAST NAME)
#5"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#6"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#7"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#8"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
DOE"
"JOHN (REFUSED NAME)
#9"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
"JOHN"
JENNINGS (REFUSED FIRST NAME)
#10"
AS "JOHN DOE
639 HENDRIX STREET
BROOKLYN, NY 11213
21-049689 - HaA
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FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022
Index No. 520498/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS
MORTGAGE PASS-THROUGH SERIES 2006-
CORP., CERTIFICATES,
1,
PLAINTIFF,
vs.
JAMES FREDERICK; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW
YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY TRANSIT
ADJUDICATION BUREAU,
#1"
"JOHN DOE through "JOHN DOE #12", 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 Subject Property described in the
Complaint
DEFENDANTS.
NOTICE OF MOTION FOR SUMMARY JUDGMENT,
DEFAULT JUDGMENT
AND APPOINTING REFEREE TO COMPUTE
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
21-049689 - HaA
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Preview
FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------X DEUTSCHE BANK NATIONAL TRUST INDEX NO. 520498/2021 COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT NOTICE OF MOTION FOR RELATING TO IMPAC SECURED ASSETS SUMMARY DEFAULT JUDGMENT, CORP., MORTGAGE PASS-THROUGH JUDGMENT AND APPOINTING CERTIFICATES, SERIES 2006-1, REFEREE TO COMPUTE Plaintiff, MORTGAGED PROPERTY: -against- 639 HENDRIX STREET ' JAMES FREDERICK; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW COUNTY: KINGS YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY TRANSIT Block: 4075 ADJUDICATION BUREAU, Lpt: 44 #1" "JOHN DOE through "JOHN DOE #12", 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 Subject Property described in the Complaint Defendants. --------------------------------------------------X Counselor: PLEASE TAKE NOTICE, that upon the attached affirmation of Ankit Mehta, Esq., dated July 13, 2022, the affidavit of Shana Golding, sworn to March 29, 2022, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff Deutsche Bank National Trust Company, as Trustee under the Pooling and Servicing Agreement Relating to Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2006-1 ("Plaintiff") will move this Court at an IAS Term Part _ on the 1_2th day of August, 2022 at 9:30 AM., of the Supreme Court of Kings County located at 360 Adams Street, Brooklyn, NY 11201, or as soon thereafter as the parties may be heard, for an order: 21-049689 - HaA 1 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022 1. Awarding Plaintiff Summary Judgment against Answering Defendant JAMES FREDERICK, and to strike the Answer interposed by said Defendant; 2. Appointing a Referee to compute the amount due Plaintiff, examine whether the mortgaged property known as 639 HENDRIX STREET, BROOKLYN, NY 11213 may be sold in parcels, and make his/her computation and report with all convenient speed pursuant to RPAPL § 1321; 3. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR § 3215; DOE" 4. Amending the caption of the action by substituting the names of "JOHN DOE" DOE" (REFUSED NAME); "JOHN (REFUSED NAME); "JOHN (REFUSED NAME); DOE" "DOE" "JOHN (REFUSED NAME); SAMANTHA (REFUSED LAST NAME); "JOHN DOE" DOE" DOE" (REFUSED NAME); "JOHN (REFUSED NAME); "JOHN (REFUSED DOE" "JOHN" NAME); "JOHN (REFUSED NAME); JENNINGS (REFUSED FIRST NAME) #1" #10" in place and stead of "JOHN DOE through "JOHN DOE and by removing the remaining #11" #12" Defendants sued herein as "JOHN DOE through "JOHN DOE as a party defendant in this action; and 5. Granting such additional relief as the Court may deem just and proper. 21-049689 - HaA 2 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: July 13, 2022 Westbury, New York ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for P ff Ankit Mehta, Esq. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 (516) 280-7675 TO: ANGELYN D. JOHNSON, ESQ. ATTORNEY FOR DEFENDANT JAMES FREDERICK 26 COURT STREET, SUITE 2610 BROOKLYN, NY 11242 (718) 875-2145 NEW YORK CITY ENVIRONMENTAL CONTROL BOARD 100 CHURCH STREET NEW YORK, NY 10007 NEW YORK CITY PARKING VIOLATIONS BUREAU 100 CHURCH STREET NEW YORK, NY 10007 NEW YORK CITY TRANSIT ADJUDICATION BUREAU 130 LIVINGSTON STREET BROOKLYN, NY 11201 DOE" "JOHN (REFUSED NAME) #1" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 21-049689 - HaA 3 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022 DOE" "JOHN (REFUSED NAME) #2" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #3" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #4" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 "DOE" SAMANTHA (REFUSED LAST NAME) #5" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #6" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #7" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #8" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 DOE" "JOHN (REFUSED NAME) #9" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 "JOHN" JENNINGS (REFUSED FIRST NAME) #10" AS "JOHN DOE 639 HENDRIX STREET BROOKLYN, NY 11213 21-049689 - HaA 4 of 5 FILED: KINGS COUNTY CLERK 07/13/2022 04:50 PM INDEX NO. 520498/2021 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 07/13/2022 Index No. 520498/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS MORTGAGE PASS-THROUGH SERIES 2006- CORP., CERTIFICATES, 1, PLAINTIFF, vs. JAMES FREDERICK; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU; NEW YORK CITY TRANSIT ADJUDICATION BUREAU, #1" "JOHN DOE through "JOHN DOE #12", 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 Subject Property described in the Complaint DEFENDANTS. NOTICE OF MOTION FOR SUMMARY JUDGMENT, DEFAULT JUDGMENT AND APPOINTING REFEREE TO COMPUTE ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 21-049689 - HaA 5 of 5