Preview
At Part ______ of the Supreme Court
held in and for the County of New
York, at the courthouse located at 60
Centre Street, New York, NY, on the
_____day of _________________,
20__.
PRESENT: HON. FRANCIS A. KAHN, III
JUSTICE OF THE SUPREME COURT
------------------------------------------------------------------X Index No: 602374/09
STREET SNACKS, LLC, Motion Seq. No. 007
Plaintiff, ORDER CONFIRMING
REFEREE’S REPORT AND
-against- JUDGMENT OF
FORECLOSURE AND SALE
BRIDGE ASSOCIATES OF SOHO, INC.,
ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., MORTGAGED PROPERTIES:
YORK RESOURCES LLC, STERLING NATIONAL
BANK, NEW YORK STATE DISTRICT ATTORNEY, 619 Bridge Street
STATE OF NEW YORK, CITY OF NEW YORK, NEW Woodmere, NY
YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY DEPARTMENT OF FINANCE, 62 Clark Street
Long Beach, NY
Defendants.
------------------------------------------------------------------X
UPON the Summons, Complaint, and Notice of Pendency filed in this action on August 3,
2009 and August 24, 2009 and supplemental Notices of Pendency filed on August 24, 2017,
August 29, 2017, and January 20, 2022, and all pleadings thereon, and upon the Decision and
Order on Motion dated August 19, 2022 granting summary judgment and related relief in favor of
plaintiff and against defendants Bridge Associates of Soho, Inc., Adam D. Luckner, and Midway
Holdings Corp. (the “Order”), and all proceedings thereon, and on reading and filing the
Affirmation in Support of Plaintiff’s Motion to Confirm Referee Report and for Judgment of
Foreclosure and Sale of Amy D. Carlin, Esq. dated December 14, 2022, with exhibits attached
thereto and the Affirmation of Legal Services of Amy D. Carlin, Esq. dated December 14, 2022,
with exhibit attached thereto, from which it appears that each of the defendants herein have been
duly served with the Summons and Complaint in this action and stating that more than the legally
required number of days had elapsed since said defendants were so served and/or appeared; and
that pursuant to the Order, plaintiff’s motion for summary judgment on the claims asserted in said
Complaint were granted, and that the Complaint herein and Notices of Pendency containing all the
particulars required to be stated therein were duly filed in the Offices of the Clerks of the Counties
of New York and Nassau, and have not been amended to add new parties—or to embrace real
property not described in the original Complaint, and a Referee having been duly appointed to
compute the amount due to plaintiff under the Note dated May 16, 2005 (the “Note”) and the
Consolidation, Modification and Extension Agreement dated May 16, 2005 (the “Mortgage”) set
forth in the Complaint and to examine and report whether the mortgaged premises can be sold in
parcels, and that plaintiff has established to the Court’s satisfaction that a judgment against
defendants is warranted;
AND, on reading the report of Thomas Kleinberger, Esq., the Referee named in the
Reference Order, by which Report of Amount Due, dated October 31, 2022 (the “Referee’s
Report”), it appears that the sum of $7,924,441.80 was due to plaintiff as of September 1, 2022,
plus a per diem interest for every day thereafter, exclusive of counsel fees and statutory costs and
disbursements and that the mortgaged premises should be sold in more than one parcel;
NOW, upon proof of due notice of this application upon all parties who had not waived the
same, and upon proof of service of the Order as provided therein,
On motion by LaRocca Hornik Rosen & Greenberg LLP, attorneys for plaintiff, it is
ORDERED, that the motion is granted; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee’s Report be, and the same is,
hereby in all respects ratified and confirmed; and it is further
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ORDERED, ADJUDGED AND DECREED, that plaintiff is hereby awarded judgment
herein for the sum of $7,924,441.80, together with interest at the rates set forth in the Note and
Mortgage from September 2, 2022, to the date this judgment is entered, and legal interest from the
date of entry, together with advances from the date specified in the Referee’s Report, plus the sum
of $_____________ as taxed by the Clerk of the Court and hereby adjudged to plaintiff for costs
and disbursements of this action, with interest thereon from the date of entry hereof, together with
an additional allowance of $300.00 hereby awarded to plaintiff in addition to costs and
disbursements, with interest thereon from the date of entry hereof; and it is further
ORDERED, ADJUDGED AND DECREED that the above-described mortgaged premises,
or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of sale and
the costs of this action as provided by the Real Property Actions and Proceedings Law be sold, in
two parcels, at public auction at ___________________________________________ on
___________________________________, by and under the direction of Thomas Kleinberger,
Esq., who is hereby appointed Referee for that purpose; that said Referee shall set the date and
give public notice of the time and place of such sale in accordance with law, practice of this Court
and RPAPL § 231 in ________________________________________________ (of Nassau
County); and it is further
ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the
Referee certifies that he 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, if the Referee is disqualified
from receiving an appointment pursuant to the provisions of this Rule, the Referee shall
immediately notify the Appointing Judge; and it is further
3
ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting
or retaining any funds for himself or paying funds to himself without compliance with Part 36
Rules of the Chief Administrative Judge; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure
sale only if plaintiff, its successors and/or assignees, or its representative is present at the sale or
the Referee has received a written bid and Terms of Sale from plaintiff, itssuccessors and/or
assigns, or its representative; and it is further
ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale
within 90 days of the date of the judgement, in accordance with CPLR 2004, the time fixed by
RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable;
and it is further
ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept
a written bid from plaintiff or plaintiff’s attorney, just as though plaintiff were physically present
to submit said bid; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid
offered by a bidder who shall be identified upon the court record, and shall require that the
successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to
the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the
successful bidder is plaintiff in which case no deposit against the purchase price shall be required;
and it is further
ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder
fails to execute the Terms of Sale immediately following the bidding upon the subject property or
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fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately
and on the same day be reoffered at auction; and it is further
ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down
payment and proceeds of sale, as necessary, in _____________________ his own name as
Referee, in accordance with CPLR 2609; and it is further
ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee
shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale,
which shall be deemed a binding contract; and it is further
ORDERED, ADJUDGED AND DECREED that, in the event a party other than the
plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days
after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee, upon receiving the
proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to
law, the taxes, assessments, sewer rents or water rates which are or may become liens on the
premises at the time of sale with such interest or penalties which may have lawfully accrued
thereon to the date of payment; and it is further
ORDERED, ADJUDGED AND DECREED, that said Referee shall deposit the balance of
said proceeds of sale in his own name as Referee in _____________________ and shall thereafter
make the following payments in accordance with RPAPL §1354, as follows:
FIRST: The Referee's statutory fees for conducting the sale, in accordance with
CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more,
and, in the event a sale was cancelled or postponed, plaintiff shall compensate the Referee
5
in the sum of $350.00 for each adjournment or cancellation, unless the Referee caused the
delay;
SECOND: All taxes, assessments, and water rates that are liens upon the property
and monies necessary to redeem the property from any sales for unpaid taxes, assessments,
or water rates that have not become absolute, and any other amounts due in accordance
with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on
any real property taxes accruing after the sale. The Referee shall not be responsible for the
payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the
Referee harmless from any such penalties or fees assessed;
THIRD: The expenses of the sale and the advertising expenses as shown on the
bills presented and certified by said Referee to be correct, duplicate copies of which shall
be annexed to the report of sale;
FOURTH: The Referee shall also pay to the plaintiff, or plaintiff’s attorney, the
following:
Amount Due per Referee's Report: $7,924,441.80, with interest thereon at the Note
rate from September 2, 2022 until the date of judgment, together with any advances as
provided for in the Note and Mortgage which plaintiff has made for taxes, insurance,
principal, and interest, and any other charges due to prior mortgages or to maintain the
property pending consummation of this foreclosure sale, not previously included in the
computation, upon presentation of receipts for said expenditures to the Referee, all together
with interest thereon pursuant to the Note and Mortgage, and then with interest from the
date of entry of this judgment at the statutory rate until the date the deed is transferred;
6
Costs and Disbursements: $_________________ adjudged to plaintiff for costs and
disbursements in this action to be taxed by the Clerk and inserted herein, with interest at
the statutory judgment rate from the date of entry of this judgment;
Additional Allowance: $_________________ is hereby awarded to plaintiff in
addition to costs, with interest at the statutory judgment rate from the date of entry of this
judgment, pursuant to CPLR Article 83;
Attorney Fees: $_________________ is hereby awarded to plaintiff as reasonable
legal fees incurred for services rendered through October 31, 2022 herein, with interest at
the statutory rate from the date of entry of this judgment;
FIFTH: Surplus monies arising from the sale shall be paid into court by the officer
conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and
in accordance with local County rules regarding Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED, that if plaintiff is the purchaser of the
mortgaged premises at said sale, or in the event that the rights of the purchasers at said sale and
the terms of sale under this judgment shall be assigned to and be acquired by plaintiff, and a valid
assignment thereof filed with said Referee, said Referee shall not require plaintiff to pay in cash
the entire amount bid at said sale, but shall execute and deliver to plaintiff, or it’s assignee, a deed
or deeds of the premises sold upon the payment to said Referee of the amounts specified in items
marked “FIRST,” “SECOND,” and “THIRD” above; that the Referee shall allow plaintiff to pay
the amounts specified in “SECOND” and “THIRD” above when it is recording the deed; that the
balance of the bid, after deducting the amounts paid by plaintiff, shall be applied to the amount
due plaintiff as specified in paragraph “FOURTH” above; that plaintiff shall pay any surplus after
7
applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph
“FIFTH” above; and it is further
ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee’s
deed, including real property transfer tax, which is not a lien upon the property at the time of sale,
shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax
shall be paid in accordance with Tax Law §1404; and it is further
ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in
accordance with paragraphs “FIRST,” “SECOND,” “THIRD,” and “FOURTH” above are
insufficient to pay plaintiff the Amount Due per the Referee’s Report as set forth in paragraph
“FOURTH” above, plaintiff may seek to recover a deficiency judgment against defendants
BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, and MIDWAY HOLDINGS
CORP., jointly and severally, in accordance with RPAPL §1371 if permitted by law; and it is
further
ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in
two parcels in “as is” physical order and condition, subject to any condition that an inspection of
the property would disclose; any facts that an accurate survey of the property would show; any
covenants, restrictions, declarations, reservations, easements, right of way, and public utility
agreements of record, if any; any building and zoning ordinances of the municipality in which the
mortgaged property is located and possible violations of same; any rights of tenants or persons in
possession of the subject property; prior liens of record, if any, except those liens addressed in
RPAPL §1354; any equity of redemption of the United States of America to redeem the property
within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or
8
any appeal of the underlying action or additional litigation brought by any defendant or its
successor or assignee contesting the validity of this foreclosure; and it is further
ORDERED, ADJUDGED AND DECREED that the purchaser or purchasers at said sale
be let into possession of the property upon production or delivery of the Referee’s deed or deeds;
and it is further
ORDERED, ADJUDGED AND DECREED, that all the defendants in this action and all
persons claiming under them, or any or either of them, and any person obtaining an interest in the
property after the filing of such Notice of Pendency of this action, be and they are hereby forever
barred and foreclosed of all right, claim, lien, title,interest, and equity of redemption in said
mortgaged premises and each and every part thereof; and it is further
ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale
and executing the proper conveyance to the purchaser, unless the time is extended by the court,
the officer making the sale shall file with the clerk a report under oath of the disposition of the
proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules
regarding handling of Surplus Monies; and it is further
ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale
default(s) upon the bid and/or the terms of sale the Referee may place the property for resale
without prior application to the Court unless plaintiff’s attorneys shall elect to make such
application; and it is further
ORDERED, ADJUDGED AND DECREED that plaintiff shall serve a copy of this
Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in
this action, and any other parties or persons entitled to service, including the Referee appointed
herein; and it is further
9
ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve
plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and maintain
the property until such time as ownership of the property has been transferred and the deed duly
recorded; and it is further
ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale,
he shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further
ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, plaintiff
shall file a written report with the court within six months from the date of entry of this judgment
stating whether the sale has occurred and the outcome thereof.
Said mortgaged premises are commonly known as: (a) 619 Bridge Street, Woodmere, New
York; and (b) 62 Clark Street, Long Beach, New York.
Descriptions of said mortgaged premises are annexed hereto and made a part hereof as
Schedule “A.”
ENTER:
______________________________
Hon. Francis A. Kahn, III J.S.C.
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Preview
At Part ______ of the Supreme Court held in and for the County of New York, at the courthouse located at 60 Centre Street, New York, NY, on the _____day of _________________, 20__. PRESENT: HON. FRANCIS A. KAHN, III JUSTICE OF THE SUPREME COURT ------------------------------------------------------------------X Index No: 602374/09 STREET SNACKS, LLC, Motion Seq. No. 007 Plaintiff, ORDER CONFIRMING REFEREE’S REPORT AND -against- JUDGMENT OF FORECLOSURE AND SALE BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, MIDWAY HOLDINGS CORP., MORTGAGED PROPERTIES: YORK RESOURCES LLC, STERLING NATIONAL BANK, NEW YORK STATE DISTRICT ATTORNEY, 619 Bridge Street STATE OF NEW YORK, CITY OF NEW YORK, NEW Woodmere, NY YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, 62 Clark Street Long Beach, NY Defendants. ------------------------------------------------------------------X UPON the Summons, Complaint, and Notice of Pendency filed in this action on August 3, 2009 and August 24, 2009 and supplemental Notices of Pendency filed on August 24, 2017, August 29, 2017, and January 20, 2022, and all pleadings thereon, and upon the Decision and Order on Motion dated August 19, 2022 granting summary judgment and related relief in favor of plaintiff and against defendants Bridge Associates of Soho, Inc., Adam D. Luckner, and Midway Holdings Corp. (the “Order”), and all proceedings thereon, and on reading and filing the Affirmation in Support of Plaintiff’s Motion to Confirm Referee Report and for Judgment of Foreclosure and Sale of Amy D. Carlin, Esq. dated December 14, 2022, with exhibits attached thereto and the Affirmation of Legal Services of Amy D. Carlin, Esq. dated December 14, 2022, with exhibit attached thereto, from which it appears that each of the defendants herein have been duly served with the Summons and Complaint in this action and stating that more than the legally required number of days had elapsed since said defendants were so served and/or appeared; and that pursuant to the Order, plaintiff’s motion for summary judgment on the claims asserted in said Complaint were granted, and that the Complaint herein and Notices of Pendency containing all the particulars required to be stated therein were duly filed in the Offices of the Clerks of the Counties of New York and Nassau, and have not been amended to add new parties—or to embrace real property not described in the original Complaint, and a Referee having been duly appointed to compute the amount due to plaintiff under the Note dated May 16, 2005 (the “Note”) and the Consolidation, Modification and Extension Agreement dated May 16, 2005 (the “Mortgage”) set forth in the Complaint and to examine and report whether the mortgaged premises can be sold in parcels, and that plaintiff has established to the Court’s satisfaction that a judgment against defendants is warranted; AND, on reading the report of Thomas Kleinberger, Esq., the Referee named in the Reference Order, by which Report of Amount Due, dated October 31, 2022 (the “Referee’s Report”), it appears that the sum of $7,924,441.80 was due to plaintiff as of September 1, 2022, plus a per diem interest for every day thereafter, exclusive of counsel fees and statutory costs and disbursements and that the mortgaged premises should be sold in more than one parcel; NOW, upon proof of due notice of this application upon all parties who had not waived the same, and upon proof of service of the Order as provided therein, On motion by LaRocca Hornik Rosen & Greenberg LLP, attorneys for plaintiff, it is ORDERED, that the motion is granted; and it is further ORDERED, ADJUDGED AND DECREED that the Referee’s Report be, and the same is, hereby in all respects ratified and confirmed; and it is further 2 ORDERED, ADJUDGED AND DECREED, that plaintiff is hereby awarded judgment herein for the sum of $7,924,441.80, together with interest at the rates set forth in the Note and Mortgage from September 2, 2022, to the date this judgment is entered, and legal interest from the date of entry, together with advances from the date specified in the Referee’s Report, plus the sum of $_____________ as taxed by the Clerk of the Court and hereby adjudged to plaintiff for costs and disbursements of this action, with interest thereon from the date of entry hereof, together with an additional allowance of $300.00 hereby awarded to plaintiff in addition to costs and disbursements, with interest thereon from the date of entry hereof; and it is further ORDERED, ADJUDGED AND DECREED that the above-described mortgaged premises, or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of sale and the costs of this action as provided by the Real Property Actions and Proceedings Law be sold, in two parcels, at public auction at ___________________________________________ on ___________________________________, by and under the direction of Thomas Kleinberger, Esq., who is hereby appointed Referee for that purpose; that said Referee shall set the date and give public notice of the time and place of such sale in accordance with law, practice of this Court and RPAPL § 231 in ________________________________________________ (of Nassau County); and it is further ORDERED, ADJUDGED AND DECREED that by accepting this appointment, the Referee certifies that he 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, if the Referee is disqualified from receiving an appointment pursuant to the provisions of this Rule, the Referee shall immediately notify the Appointing Judge; and it is further 3 ORDERED, ADJUDGED AND DECREED that the Referee is prohibited from accepting or retaining any funds for himself or paying funds to himself without compliance with Part 36 Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall conduct the foreclosure sale only if plaintiff, its successors and/or assignees, or its representative is present at the sale or the Referee has received a written bid and Terms of Sale from plaintiff, itssuccessors and/or assigns, or its representative; and it is further ORDERED, ADJUDGED AND DECREED that if the Referee does not conduct the sale within 90 days of the date of the judgement, in accordance with CPLR 2004, the time fixed by RPAPL §1351(1) is extended for the Referee to conduct the sale as soon as reasonably practicable; and it is further ORDERED, ADJUDGED AND DECREED that at the time of sale the Referee shall accept a written bid from plaintiff or plaintiff’s attorney, just as though plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall accept the highest bid offered by a bidder who shall be identified upon the court record, and shall require that the successful bidder immediately execute Terms of Sale for the purchase of the property, and pay to the Referee, in cash or certified or bank check, ten percent (10%) of the sum bid, unless the successful bidder is plaintiff in which case no deposit against the purchase price shall be required; and it is further ORDERED, ADJUDGED AND DECREED that, in the event the first successful bidder fails to execute the Terms of Sale immediately following the bidding upon the subject property or 4 fails to immediately pay the ten percent (10%) deposit as required, the property shall immediately and on the same day be reoffered at auction; and it is further ORDERED, ADJUDGED AND DECREED that the Referee shall then deposit the down payment and proceeds of sale, as necessary, in _____________________ his own name as Referee, in accordance with CPLR 2609; and it is further ORDERED, ADJUDGED AND DECREED that after the property is sold, the Referee shall execute a deed to the purchaser, in accordance with RPAPL §1353 and the terms of sale, which shall be deemed a binding contract; and it is further ORDERED, ADJUDGED AND DECREED that, in the event a party other than the plaintiff becomes the purchaser at the sale, the closing of title shall be held no later than 30 days after the date of such sale unless otherwise stipulated by all parties to the sale; and it is further ORDERED, ADJUDGED AND DECREED, that said Referee, upon receiving the proceeds of the sale, shall forthwith pay therefrom, in accordance with their priority according to law, the taxes, assessments, sewer rents or water rates which are or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment; and it is further ORDERED, ADJUDGED AND DECREED, that said Referee shall deposit the balance of said proceeds of sale in his own name as Referee in _____________________ and shall thereafter make the following payments in accordance with RPAPL §1354, as follows: FIRST: The Referee's statutory fees for conducting the sale, in accordance with CPLR 8003(b), not to exceed $750.00 unless the property sells for $50,000.00 or more, and, in the event a sale was cancelled or postponed, plaintiff shall compensate the Referee 5 in the sum of $350.00 for each adjournment or cancellation, unless the Referee caused the delay; SECOND: All taxes, assessments, and water rates that are liens upon the property and monies necessary to redeem the property from any sales for unpaid taxes, assessments, or water rates that have not become absolute, and any other amounts due in accordance with RPAPL §1354(2). Purchaser shall be responsible for interest and penalties due on any real property taxes accruing after the sale. The Referee shall not be responsible for the payment of penalties or fees pursuant to this appointment. The Purchaser shall hold the Referee harmless from any such penalties or fees assessed; THIRD: The expenses of the sale and the advertising expenses as shown on the bills presented and certified by said Referee to be correct, duplicate copies of which shall be annexed to the report of sale; FOURTH: The Referee shall also pay to the plaintiff, or plaintiff’s attorney, the following: Amount Due per Referee's Report: $7,924,441.80, with interest thereon at the Note rate from September 2, 2022 until the date of judgment, together with any advances as provided for in the Note and Mortgage which plaintiff has made for taxes, insurance, principal, and interest, and any other charges due to prior mortgages or to maintain the property pending consummation of this foreclosure sale, not previously included in the computation, upon presentation of receipts for said expenditures to the Referee, all together with interest thereon pursuant to the Note and Mortgage, and then with interest from the date of entry of this judgment at the statutory rate until the date the deed is transferred; 6 Costs and Disbursements: $_________________ adjudged to plaintiff for costs and disbursements in this action to be taxed by the Clerk and inserted herein, with interest at the statutory judgment rate from the date of entry of this judgment; Additional Allowance: $_________________ is hereby awarded to plaintiff in addition to costs, with interest at the statutory judgment rate from the date of entry of this judgment, pursuant to CPLR Article 83; Attorney Fees: $_________________ is hereby awarded to plaintiff as reasonable legal fees incurred for services rendered through October 31, 2022 herein, with interest at the statutory rate from the date of entry of this judgment; FIFTH: Surplus monies arising from the sale shall be paid into court by the officer conducting the sale within five days after receipt in accordance with RPAPL §1354(4) and in accordance with local County rules regarding Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED, that if plaintiff is the purchaser of the mortgaged premises at said sale, or in the event that the rights of the purchasers at said sale and the terms of sale under this judgment shall be assigned to and be acquired by plaintiff, and a valid assignment thereof filed with said Referee, said Referee shall not require plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to plaintiff, or it’s assignee, a deed or deeds of the premises sold upon the payment to said Referee of the amounts specified in items marked “FIRST,” “SECOND,” and “THIRD” above; that the Referee shall allow plaintiff to pay the amounts specified in “SECOND” and “THIRD” above when it is recording the deed; that the balance of the bid, after deducting the amounts paid by plaintiff, shall be applied to the amount due plaintiff as specified in paragraph “FOURTH” above; that plaintiff shall pay any surplus after 7 applying the balance of the bid to the Referee, who shall deposit it in accordance with paragraph “FIFTH” above; and it is further ORDERED, ADJUDGED AND DECREED that all expenses of recording the Referee’s deed, including real property transfer tax, which is not a lien upon the property at the time of sale, shall be paid by the purchaser, not by the Referee from sale proceeds, and that any transfer tax shall be paid in accordance with Tax Law §1404; and it is further ORDERED, ADJUDGED AND DECREED that if the sale proceeds distributed in accordance with paragraphs “FIRST,” “SECOND,” “THIRD,” and “FOURTH” above are insufficient to pay plaintiff the Amount Due per the Referee’s Report as set forth in paragraph “FOURTH” above, plaintiff may seek to recover a deficiency judgment against defendants BRIDGE ASSOCIATES OF SOHO, INC., ADAM D. LUCKNER, and MIDWAY HOLDINGS CORP., jointly and severally, in accordance with RPAPL §1371 if permitted by law; and it is further ORDERED, ADJUDGED AND DECREED that the mortgaged property is to be sold in two parcels in “as is” physical order and condition, subject to any condition that an inspection of the property would disclose; any facts that an accurate survey of the property would show; any covenants, restrictions, declarations, reservations, easements, right of way, and public utility agreements of record, if any; any building and zoning ordinances of the municipality in which the mortgaged property is located and possible violations of same; any rights of tenants or persons in possession of the subject property; prior liens of record, if any, except those liens addressed in RPAPL §1354; any equity of redemption of the United States of America to redeem the property within 120 days from the date of sale; and any rights pursuant to CPLR 317, 2003, and 5015, or 8 any appeal of the underlying action or additional litigation brought by any defendant or its successor or assignee contesting the validity of this foreclosure; and it is further ORDERED, ADJUDGED AND DECREED that the purchaser or purchasers at said sale be let into possession of the property upon production or delivery of the Referee’s deed or deeds; and it is further ORDERED, ADJUDGED AND DECREED, that all the defendants in this action and all persons claiming under them, or any or either of them, and any person obtaining an interest in the property after the filing of such Notice of Pendency of this action, be and they are hereby forever barred and foreclosed of all right, claim, lien, title,interest, and equity of redemption in said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED that within 30 days after completing the sale and executing the proper conveyance to the purchaser, unless the time is extended by the court, the officer making the sale shall file with the clerk a report under oath of the disposition of the proceeds of the sale in accordance with RPAPL §1355(1) and follow all local County rules regarding handling of Surplus Monies; and it is further ORDERED, ADJUDGED AND DECREED that if the purchaser or purchasers at said sale default(s) upon the bid and/or the terms of sale the Referee may place the property for resale without prior application to the Court unless plaintiff’s attorneys shall elect to make such application; and it is further ORDERED, ADJUDGED AND DECREED that plaintiff shall serve a copy of this Judgment with Notice of Entry upon the owner of the equity of redemption, any tenants named in this action, and any other parties or persons entitled to service, including the Referee appointed herein; and it is further 9 ORDERED, ADJUDGED AND DECREED that nothing herein shall be deemed to relieve plaintiff of any obligation imposed by RPAPL §1307 and RPAPL §1308 to secure and maintain the property until such time as ownership of the property has been transferred and the deed duly recorded; and it is further ORDERED, ADJUDGED AND DECREED that, when the Referee files a report of sale, he shall concurrently file a Foreclosure Actions Surplus Monies Form; and it is further ORDERED, ADJUDGED AND DECREED that to ensure compliance herewith, plaintiff shall file a written report with the court within six months from the date of entry of this judgment stating whether the sale has occurred and the outcome thereof. Said mortgaged premises are commonly known as: (a) 619 Bridge Street, Woodmere, New York; and (b) 62 Clark Street, Long Beach, New York. Descriptions of said mortgaged premises are annexed hereto and made a part hereof as Schedule “A.” ENTER: ______________________________ Hon. Francis A. Kahn, III J.S.C. 10