On June 08, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Jong Shin,
and
Accredited Home Lenders, Inc.
Nd,
U.S. Bank, N.A, As Trustee, On Behalf Of The Holders Of The J.P. Morgan Mortgate Acquisition Trust 2006-Acc1, Asset Backed Pass-Through Certificates, Series 2006-Acc1,
for Commercial - Other (DJA action)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 10/04/2022 03:37 PM INDEX NO. 712081/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
JONG SHIN, Index No.: 712081/2022
Plaintiff,
- against -
ACCREDITED HOME LENDERS, INC., and U.S. NOTICE OF MOTION
BANK, N.A., AS TRUSTEE, ON BEHALF OF THE
HOLDERS OF THE J.P. MORGAN MORTGAGE
ACQUISITION TRUST 2006-ACC1, ASSET
BACKED PASS-THROUGH CERTIFICATES,
SERIES 2006-ACC1,
Defendants.
PLEASE TAKE NOTICE that, upon the annexed Affirmation of Margaret S. Stefandl,
Esq., dated October 4, 2022, with accompanying exhibits and the Memorandum of Law, the
undersigned counsel for defendant U.S. Bank, N.A., as Trustee, on behalf of the Holders of the
J.P. Morgan Mortgage Acquisition Trust 2006-ACC1, Asset Backed Pass-Through Certificates,
Series 2006-ACC1 (“Defendant”), will move at Queens Supreme Court, on Friday, October 28,
2022, at 9:30 a.m., or as soon as counsel may be heard, for an order:
(i) granting the motion to dismiss the Complaint in its entirety and with prejudice, pursuant
to CPLR § 3211(a); and
(ii) granting such other and further relief as this Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, any answering affidavits are required to be
served at least seven (7) days before the return date of this motion, pursuant to CPLR 2214(b).
(Signature page to follow.)
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FILED: QUEENS COUNTY CLERK 10/04/2022 03:37 PM INDEX NO. 712081/2022
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2022
Dated: New York, New York
October 4, 2022 HINSHAW & CULBERTSON LLP
Attorneys for Defendant,
U.S. Bank, N.A., as Trustee, on behalf of the
Holders of the J.P. Morgan Mortgage
Acquisition Trust 2006-ACC1, Asset Backed
Pass-Through Certificates, Series 2006-
ACC1
/s/ Margaret S. Stefandl
Margaret S. Stefandl, Esq.
800 Third Avenue
13th Floor, New York, NY 10022
Tel: 212-471-6200
mstefandl@hinshawlaw.com
To: James J. Quail, Esq.
James J. Quail & Associates, P.C.
5550 Merrick Road, Suite 300
Massapequa, NY 11758
Attorneys for Plaintiff
2
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Preview
FILED: QUEENS COUNTY CLERK 10/04/2022 03:37 PM INDEX NO. 712081/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS JONG SHIN, Index No.: 712081/2022 Plaintiff, - against - ACCREDITED HOME LENDERS, INC., and U.S. NOTICE OF MOTION BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-ACC1, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-ACC1, Defendants. PLEASE TAKE NOTICE that, upon the annexed Affirmation of Margaret S. Stefandl, Esq., dated October 4, 2022, with accompanying exhibits and the Memorandum of Law, the undersigned counsel for defendant U.S. Bank, N.A., as Trustee, on behalf of the Holders of the J.P. Morgan Mortgage Acquisition Trust 2006-ACC1, Asset Backed Pass-Through Certificates, Series 2006-ACC1 (“Defendant”), will move at Queens Supreme Court, on Friday, October 28, 2022, at 9:30 a.m., or as soon as counsel may be heard, for an order: (i) granting the motion to dismiss the Complaint in its entirety and with prejudice, pursuant to CPLR § 3211(a); and (ii) granting such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, any answering affidavits are required to be served at least seven (7) days before the return date of this motion, pursuant to CPLR 2214(b). (Signature page to follow.) 1054673\311610263.v5 1 of 2 FILED: QUEENS COUNTY CLERK 10/04/2022 03:37 PM INDEX NO. 712081/2022 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2022 Dated: New York, New York October 4, 2022 HINSHAW & CULBERTSON LLP Attorneys for Defendant, U.S. Bank, N.A., as Trustee, on behalf of the Holders of the J.P. Morgan Mortgage Acquisition Trust 2006-ACC1, Asset Backed Pass-Through Certificates, Series 2006- ACC1 /s/ Margaret S. Stefandl Margaret S. Stefandl, Esq. 800 Third Avenue 13th Floor, New York, NY 10022 Tel: 212-471-6200 mstefandl@hinshawlaw.com To: James J. Quail, Esq. James J. Quail & Associates, P.C. 5550 Merrick Road, Suite 300 Massapequa, NY 11758 Attorneys for Plaintiff 2 1054673\311610263.v5 2 of 2