Preview
FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
WELLS FARGO BANK, N.A.,
Plaintiff,
-against- NOTICE OF ENTRY
PAULINE LOVELACE; NEW YORK CITY TRANSIT
ADJUDICATION BUREAU; NEW YORK CITY PARKING Index No. 704716/2021
VIOLATIONS BUREAU; NOTICE OF MOTION GLENN A
BECKER, M.D.; NEW YORK CITY ENVIRONMENTAL
CONTROL BOARD,
Defendants.
PLEASE TAKE NOTICE that the annexed Short Form Order made on October 27, 2022, by the
Hon. Maurice E. Muir, J.S.C., of which the within isa true copy, was entered on October 27, 2022, in the
Queens County Clerk's Office, Supreme Court of Queens County, 8811 Sutphin Blvd, Queens, New York
1 1435.
KNUCKLES, KOMOSINSKI & MANFRO,
LLP
Attorneys for Plaint ff
By:
Dated: Upper Saddle River, New Jersey
October 28, 2022
L UIS A. LEVITHAN, ESQ.
600 E. Crescent Avenue, Suite 201
Upper Saddle River, New Jersey 07458
(201) 391-0370
lal@kkmilp.com
New York Office
565 Taxter Road, Suite 590
Elmsford, NY 10523
(914) 345-3020
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FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021
NYSCEF INDEX NO. 704716/2021
FILEDDOC.: NO. 41
QUEENS COUNTY CLERK 10/27/2022 04:03 PM)
RECEIVED NYSCEF: 10/28/2022
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/27/2022
Short Form Order
NEW YORK SUPREME COURT - QUEENS COUNTY
FILˆD
10/27/2022
Present: HONORABLE MAURICE E. MUIR
. COUNTY CLERK
Justice QUEENS COUNTY,
WELLS FARGO BANK, N.A.,
IAS Part - 42
Plaintiff(s),
Index No.: 704716/2021
-against-
Motion Date: 10/6/22
PAULINE LOVELACE; NEW YORK CITY
TRANSIT ADJUDICATION BUREAU; NEW Motion Cal. No. 45
YORK CITY PARKING VIOLATIONS
BUREAU; NOTICE OF MOTION GLENN A Motion Seq. No. 12
BECKER, M.D.; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD,
Defendant(s).
The filed ("EF") documents read on thismotion by Pauline
following electronically
Lovelace"
Lovelace ("Ms. or "Movant") for an order: permitting submission of newly
discovered evidence of lack of and effective assignment of mortgage pursuant to CPLR
standing
2309 on thegrounds that the complaint failsto state a cause of action and assignment of
mortgage and this court lacks subject matter jurisdiction over this action because neither this
discovered evidence, lending and that plaintiff lack standing to sue the
court, newly predatory
defendant herein and judgment on the issue of fraud and discharge of mortgage based
declaratory
upon misrepresentation and defective filings and further reliefas to the Court seems just and
proper in the herein.
Papers
Numbered
Notice of Motion-Affirmation in Support-Exhibits........................... EF 15
Opposition-Exhibits-Service................................... EF 16 - 19
Affirmation in
Upon the foregoing papers, itis ordered that thismotion is determined as follows:
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FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021
NYSCEFFILEDDOC.: NO. 41
QUEENS COUNTY CLERK 10 27 2022 0 4 :03 RECEIVED NYSCEF:
INDEX NO. 10/28/2022
704716/2 021
/ / PM)
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/27/2022
This is an action to foreclosure a mortgage encumbering real property commonly known
'
as 161-19 128 Avenue, Jamaica, New York 11434 ("subject premises"). On August 12, 2013,
Fargo"
Wells Fargo Bank, N.A. ("Wells or "plaintiff") commenced the instant foreclosure
action. On May 6, 2022, the Pauline Abby Lovelace Living Trust (the "Trust") filed a Voluntary
Chapter 7 Bankruptcy petition with the United States Bankruptcy Court for the Eastern District
of New York, which triggered the automatic bankruptcy stay, pursuant to 11 U.S.C. § 362(a).
(see Castaldini v. Walsh, 166 AD3d 577 [2d Dept 2018] ; but see, e.g., Wells Fargo Bank, N.A. v.
Ranalli, 140 AD3d 1156 [2d Dept 2016]). Notwithstanding the same, on June 23, 2022, Ms.
Lovelace filed the instant motion.
Itis well settled law that although the filing of a bankruptcy petition results in an
automatic stay of actions against a debtor (see 11 U.S.C. § 362(a)(1), the commencement of an
action in violation of the automatic stay does not deprive the court of jurisdiction but merely
suspends the proceedings during the pendency of the automatic stay. (see Wells Fargo Bank,
N.A. v. Ranalli, 140 AD3d 1156 [2d Dept 2016] ; U S. Bank National Association v. Cid, 178
AD3d 875 [2d Dept 2019]). Here the plaintiff correctly argues that the defendant filing the
Voluntary Chapter 7 Bankruptcy petition merely suspends the instant foreclosure action during
the pendency of the automatic stay; and itis prohibits the parties from taking steps in thisaction
until the bankruptcy proceeding is eitherdismissed and/or the stay terminated.
Accordingly, itis hereby
ORDERED, that Pauline Lovelace's motion is denied without prejudice and with leave to
renew after the bankruptcy stay is lifted;and itis further,
ORDERED, that this case is stayed, and the Clerk of the Court shall note his or her
records accordingly; and itis further,
ORDERED, that counsel for plaintiff shall advise this Court when the stay is liftedvia
letteruploaded to NYSCEF and e-mailed to QSCPART42@nycourts.2ov within twenty (20) of
the subject event; and itis further,
ORDERED, that the plaintiff shall serve a copy of this Order with notice of entry upon
alldefendants, via firstclass mail and NYSCEF, on or before November 30, 2022.
This constitutes the Decision and Order of the court.
't
Dated: October 27, 2022
Long Island City, New York
FILED MAURICE E. MUIR, J.S.C.
10/27/2022
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CoUNTY CLERK
QUEENSCOUNTY,
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Preview
FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 10/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS WELLS FARGO BANK, N.A., Plaintiff, -against- NOTICE OF ENTRY PAULINE LOVELACE; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING Index No. 704716/2021 VIOLATIONS BUREAU; NOTICE OF MOTION GLENN A BECKER, M.D.; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendants. PLEASE TAKE NOTICE that the annexed Short Form Order made on October 27, 2022, by the Hon. Maurice E. Muir, J.S.C., of which the within isa true copy, was entered on October 27, 2022, in the Queens County Clerk's Office, Supreme Court of Queens County, 8811 Sutphin Blvd, Queens, New York 1 1435. KNUCKLES, KOMOSINSKI & MANFRO, LLP Attorneys for Plaint ff By: Dated: Upper Saddle River, New Jersey October 28, 2022 L UIS A. LEVITHAN, ESQ. 600 E. Crescent Avenue, Suite 201 Upper Saddle River, New Jersey 07458 (201) 391-0370 lal@kkmilp.com New York Office 565 Taxter Road, Suite 590 Elmsford, NY 10523 (914) 345-3020 1 of 3 FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021 NYSCEF INDEX NO. 704716/2021 FILEDDOC.: NO. 41 QUEENS COUNTY CLERK 10/27/2022 04:03 PM) RECEIVED NYSCEF: 10/28/2022 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/27/2022 Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY FILˆD 10/27/2022 Present: HONORABLE MAURICE E. MUIR . COUNTY CLERK Justice QUEENS COUNTY, WELLS FARGO BANK, N.A., IAS Part - 42 Plaintiff(s), Index No.: 704716/2021 -against- Motion Date: 10/6/22 PAULINE LOVELACE; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW Motion Cal. No. 45 YORK CITY PARKING VIOLATIONS BUREAU; NOTICE OF MOTION GLENN A Motion Seq. No. 12 BECKER, M.D.; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, Defendant(s). The filed ("EF") documents read on thismotion by Pauline following electronically Lovelace" Lovelace ("Ms. or "Movant") for an order: permitting submission of newly discovered evidence of lack of and effective assignment of mortgage pursuant to CPLR standing 2309 on thegrounds that the complaint failsto state a cause of action and assignment of mortgage and this court lacks subject matter jurisdiction over this action because neither this discovered evidence, lending and that plaintiff lack standing to sue the court, newly predatory defendant herein and judgment on the issue of fraud and discharge of mortgage based declaratory upon misrepresentation and defective filings and further reliefas to the Court seems just and proper in the herein. Papers Numbered Notice of Motion-Affirmation in Support-Exhibits........................... EF 15 Opposition-Exhibits-Service................................... EF 16 - 19 Affirmation in Upon the foregoing papers, itis ordered that thismotion is determined as follows: 1 of2 1 of 2 2 of 3 FILED: QUEENS COUNTY CLERK 10/28/2022 11:48 AM INDEX NO. 704716/2021 NYSCEFFILEDDOC.: NO. 41 QUEENS COUNTY CLERK 10 27 2022 0 4 :03 RECEIVED NYSCEF: INDEX NO. 10/28/2022 704716/2 021 / / PM) NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 10/27/2022 This is an action to foreclosure a mortgage encumbering real property commonly known ' as 161-19 128 Avenue, Jamaica, New York 11434 ("subject premises"). On August 12, 2013, Fargo" Wells Fargo Bank, N.A. ("Wells or "plaintiff") commenced the instant foreclosure action. On May 6, 2022, the Pauline Abby Lovelace Living Trust (the "Trust") filed a Voluntary Chapter 7 Bankruptcy petition with the United States Bankruptcy Court for the Eastern District of New York, which triggered the automatic bankruptcy stay, pursuant to 11 U.S.C. § 362(a). (see Castaldini v. Walsh, 166 AD3d 577 [2d Dept 2018] ; but see, e.g., Wells Fargo Bank, N.A. v. Ranalli, 140 AD3d 1156 [2d Dept 2016]). Notwithstanding the same, on June 23, 2022, Ms. Lovelace filed the instant motion. Itis well settled law that although the filing of a bankruptcy petition results in an automatic stay of actions against a debtor (see 11 U.S.C. § 362(a)(1), the commencement of an action in violation of the automatic stay does not deprive the court of jurisdiction but merely suspends the proceedings during the pendency of the automatic stay. (see Wells Fargo Bank, N.A. v. Ranalli, 140 AD3d 1156 [2d Dept 2016] ; U S. Bank National Association v. Cid, 178 AD3d 875 [2d Dept 2019]). Here the plaintiff correctly argues that the defendant filing the Voluntary Chapter 7 Bankruptcy petition merely suspends the instant foreclosure action during the pendency of the automatic stay; and itis prohibits the parties from taking steps in thisaction until the bankruptcy proceeding is eitherdismissed and/or the stay terminated. Accordingly, itis hereby ORDERED, that Pauline Lovelace's motion is denied without prejudice and with leave to renew after the bankruptcy stay is lifted;and itis further, ORDERED, that this case is stayed, and the Clerk of the Court shall note his or her records accordingly; and itis further, ORDERED, that counsel for plaintiff shall advise this Court when the stay is liftedvia letteruploaded to NYSCEF and e-mailed to QSCPART42@nycourts.2ov within twenty (20) of the subject event; and itis further, ORDERED, that the plaintiff shall serve a copy of this Order with notice of entry upon alldefendants, via firstclass mail and NYSCEF, on or before November 30, 2022. This constitutes the Decision and Order of the court. 't Dated: October 27, 2022 Long Island City, New York FILED MAURICE E. MUIR, J.S.C. 10/27/2022 2 of2 CoUNTY CLERK QUEENSCOUNTY, 2 of 2 3 of 3