On July 01, 2014 a
Exhibit,Appendix
was filed
involving a dispute between
Jpmorgan Chase Bank, National Association, Successor In Interest By Purchase From The Federal Doposit Insurance Corporation As Receiver Of Washington Mutual Bank F K A Washington Mutual Bank, Fa, Successor In Interest To North American Mortgage Company,
and
American Express Bank Fsb,
Capital One Bank,
City Of New York Transit Adjudication Bureau,
John Doe And Jane Doe,
Jpmorgan Chase Bank, N.A.,
New York City Environmental Control Board,
Nyc Department Of Finance-Parking Violations Bureau,
Peter K. Mckenzie,
Rab Performance Recoveries, Llc,
Sherrel Farnesworth
A K A Sherrel A. Farnsworth,
for Foreclosure (residential mortgage)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
EXHIBIT F
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
1 i SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS CIVIL TERM: PART 70
2 -----------------------------------··--------x
SHERRELL FARNSWORTH,
3 . Index No.
! 003346/2015
4 Plaintiff
-against-
5
6 PETER McKENZIE,
Defendant.
7
________...- _____,----,__..----------------------x
8 360 Adams Street . .
Brooklyn, New York 11201
9 July 11, 2019
10
11
B E F O R E: HONORABLE WAVNY TOUSSAINT, !
12 JUSTICE
13 A P P E A R A N C E S:
14
THOMAS & SIKES, LLP
15 Attorney for the Plaintiff
111 Court Street, 2nd Floor
16 Brooklyn, New York.11201
BY: KEVIN H. SPIKES, ESQ. .
17
18
DAVID J. ARONSTAM, ESQ.
19 Attorney for the Defendant
85 Broad Street, 29th Floor
20 New York, New York 10004 j
BY: DAVID J. ARONSTAM, ESQ.
21
22
23
24 Harold. Ortiz
Senior Court Reporter
25
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
O'
P R C E E D I N G S
1 (Whereupon, the following takes place on the .
2 record, in open court, in the presence of the Court, the
3. plaintiff, Ms. Farnsworh, the defendant, Mr. McKenzie, and
4 the respective attorneys.)
5 THE COURT: This is the matter of Sherrell .
6 Farnsworth versus Peter McKenzie. Index No. 3346 of 2015.
7 Counsels, can we have your appearances for the
8 record.
9 MR. SPIKES: For the plaintiff, Thomas & Spikes by
10 Kevin Spikes, 111 Court Street, 2nd Floor, Brooklyn, New York
11 11201.
12 . MR. ARONSTAM: David Aronstam for defendant, Peter
13 McKenzie 85 Broad Street, New York, New York 10.0¯04.
14 THE COURT: Very well.
15 This matter is before. the Court for a bench·trial
16 in this action. The Court has been advised that the parties
17 have reached a resolution.
18 Counsels, would you like to put that resolution on
19 the record?
20 MR. SPIKES: Yes.
21 THE COURT: You may proceed.
22 MR. SPIKES: The parties have agreed to resolve
23 the petition in full satis.faction of the claims made by the
24 defendant for $145,000.
25 . While we did discussed the payment date I am
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
O'
P R C E E D I N G S
1 requesting November the 11th for payment to be made. In
2 return the defendant will agree to sign any doomments
3 necessary to transfer their interest of the property to allow
4 my client to sell the property and to pay off the mortgage
5. and to pay the proceeds.
6 THE COURT: So that $145,000 presumes any interest
7 cost and so on. It's a straight 145?
8 .. MR. SPIKES: Correct.
9 THE COURT: And the payment is to be made by when?
10 MR. SPIKES: November the 11th.
11 MR. ARONSTAM: 2019.
12 MR. SPIKES: 2019.
13 . THE COURT: And that would be payment in full.
14 MR. ARONSTAM: Yes, your Honor.
15 MR. SPIKES: Correct.
16 MR. ARONSTAM: And upon receipt of the payment
17 defendant will deliver a qui k claim deed and any other
18 documents necessary to relinquish his one percent interest in
19 the premises to 40 Green Avenue.
20 MR. SPIKES: Well,.actually, that has to be
done -- if counsel wants to attend the to obtain the
21 closing
22 moneys, but we need that doomment at the same time or prior
23 to the actual closing as oppose to afterwards. So I mean it
24 can be held subject to the payment of the moneys.
25 I am sorry. We didn't discuss the whole thing and
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
P R O" C.E E D I N G S
1 we came and put it on the record. We require the consent of
2 the defendant to actually sell the and to provide
property
3 the quick claim deed or sign the deed at the olosing in order
4 to get the funds.
5 MR ARONSTAM: If there is a closihg.
6 MR. SPIKES: You get your funds at that time. I
7 . am just making it clear you required to attend and sign the
8 documents at that time simultaneously.
9 MR. ARONSTAM: Correct.
10 . . THE COURT: So essentially what would happen is a
11 closing would be scheduled, both parties- would have to be at
12 the closing, they provide the quick claim deed so that the
13 property gets transferred into the plaintiff's name and then
14 'we can have to close it because she then transfers it to
15 whoever the buyer is.
16 MR. SPIKES: Correct.
17 THE COURT: That would have to be the process for
18 this action, because he's going to be paid out of the
.
19 proceeds from the sale of the property.
20 Is that the understanding?
21 MR. SPIKES: That's the understanding.
22 MR, ARONSTAM: Yes. j
23 THE COURT: Very well.
24 MR. ARONSTAM: Your Honor, I also need a default
25 provision. If the plaintiff fails to pay by November 11th I
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
P R O C E E D I N G S
1 want the right to enter judgment upon 10 days notice for the
2 settlement amount.
3 THE COURT: Do you need a minute to speak to your
4 client?
5 MR. SPIKES: Yes, your Honor.
6 That's fine, your·Honor. I would just ask if the
7 Court then in that event retain jurisdiction in the event
8 there was contingency I need to discuss and extend that time.
9 For example, we might be closing in a few weeks as
10 oppose to the next day outside of the 10 day notice and it
11 would be better not to have a judgnent entered at that point
12 if we were close to closing.
13 MR. ARONSTAM: Make it a 20 day. We would be
14 going into December.
15 MR. SPIKES: That's fine.
16 . THE COURT: So then the default provision that if
17 the closing doesn't take plac,e on or before November 11, 2019
18 then upon 20 days notice to the plaintiff the defendant may
19 enter judgment for the agreed amount of $145,000.
20 MR. SPIKES: Yes.
21 MR. ARONSTAM: Yes, your Honor.
22 THE COURT: Okay. Very well. Since your client
23 is not present here in the courtroom I am not going to swear
24 him in.
25 I am simply going to ask, Ms. Farnsworth you have
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 O' RECEIVED NYSCEF: 01/10/2023
P R C E E D I N G S
1 heard the terms of the settlement that the attorneys have
2 placed on the record. Are you to accept this
willing
3 settlement?
4 MS. EARNSWORTH: Yes, I am to accept this
willing
S settlement.
6 THE COURT: And, Mr. McKenzie, same question for
7 you. You heard the terms?
8 MR. McKENZIEi I accept.
9 THE COURT: And are you both doing so freely and
10 voluntarily?
11 MS. EARNSWORTH: Yes.
12 MR. McKENZIE: Yes.
13 THE COURT: And no one is forcing you to accept
14 this.agreement?
15 MS. FARNSWORTH: That's right. Nobody is forcing
16 to me to accept it. I am doing it voluntarily.
17 MR. McKENZIE: No.
18 THE ÓOURT: Neither of you are under the inf.1uence
19 of any medication, any drugs, any alcohol which would affect
20 your ability to understand the terms of this agreement?
21 MS. EARNSWORTH: No. Lots of coffee but no
22 . alcohol. . .
23 MR. McKENZIE: Same here. No problem.
24 THE COURT: Thank you very much. So very well.
25 Is there anything else counsels need to place on
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023
P R O'C E E D I N G S
1 the record with respect to this settlement?
2 MR. SPIKES: No, yoùr Honor.
3 THE COURT: Very well. So this matter is. settled
4 for a total sum of $145,000 to be paid on November 11, 2019
5 at the closing for the sale of the subject property. At that
6 closing the defendant, Mr. McKenzie, will.provide a quick
7 claim deed for his one percent interest to the plaintiff so
8 that the closing can take place and at that closing the sum
9 of $145,000 will be paid from the sale of the premises. If
10 the sale does not take place on or before November 11, 2019 ,
11 the parties consent to of the default -- of a
entry entry
12 judgment in favor of the defendant upon 20 days notice to the
13 plaintiff's attorney.
14 MR. SPIKES: Yes, your Honor.
15 THE COURT: Very good. So the matter is settled
- .
16 in accordance with the agreement counsel has placed on the
17 record.
18 MR. SPIKES: Thank you very much, your Honor.
19 THE COURT:. Go in peace... ·
20 MR.'ARONSTAM: Thanks for your patience, your
21 Honor..
22 Certified to be a true and accurate transcript of
23 the stenographic minutes taken wit in
25 Harold Ortiz
Senior Court Repor r
Preview
FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 EXHIBIT F FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 1 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CIVIL TERM: PART 70 2 -----------------------------------··--------x SHERRELL FARNSWORTH, 3 . Index No. ! 003346/2015 4 Plaintiff -against- 5 6 PETER McKENZIE, Defendant. 7 ________...- _____,----,__..----------------------x 8 360 Adams Street . . Brooklyn, New York 11201 9 July 11, 2019 10 11 B E F O R E: HONORABLE WAVNY TOUSSAINT, ! 12 JUSTICE 13 A P P E A R A N C E S: 14 THOMAS & SIKES, LLP 15 Attorney for the Plaintiff 111 Court Street, 2nd Floor 16 Brooklyn, New York.11201 BY: KEVIN H. SPIKES, ESQ. . 17 18 DAVID J. ARONSTAM, ESQ. 19 Attorney for the Defendant 85 Broad Street, 29th Floor 20 New York, New York 10004 j BY: DAVID J. ARONSTAM, ESQ. 21 22 23 24 Harold. Ortiz Senior Court Reporter 25 FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 O' P R C E E D I N G S 1 (Whereupon, the following takes place on the . 2 record, in open court, in the presence of the Court, the 3. plaintiff, Ms. Farnsworh, the defendant, Mr. McKenzie, and 4 the respective attorneys.) 5 THE COURT: This is the matter of Sherrell . 6 Farnsworth versus Peter McKenzie. Index No. 3346 of 2015. 7 Counsels, can we have your appearances for the 8 record. 9 MR. SPIKES: For the plaintiff, Thomas & Spikes by 10 Kevin Spikes, 111 Court Street, 2nd Floor, Brooklyn, New York 11 11201. 12 . MR. ARONSTAM: David Aronstam for defendant, Peter 13 McKenzie 85 Broad Street, New York, New York 10.0¯04. 14 THE COURT: Very well. 15 This matter is before. the Court for a bench·trial 16 in this action. The Court has been advised that the parties 17 have reached a resolution. 18 Counsels, would you like to put that resolution on 19 the record? 20 MR. SPIKES: Yes. 21 THE COURT: You may proceed. 22 MR. SPIKES: The parties have agreed to resolve 23 the petition in full satis.faction of the claims made by the 24 defendant for $145,000. 25 . While we did discussed the payment date I am FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 O' P R C E E D I N G S 1 requesting November the 11th for payment to be made. In 2 return the defendant will agree to sign any doomments 3 necessary to transfer their interest of the property to allow 4 my client to sell the property and to pay off the mortgage 5. and to pay the proceeds. 6 THE COURT: So that $145,000 presumes any interest 7 cost and so on. It's a straight 145? 8 .. MR. SPIKES: Correct. 9 THE COURT: And the payment is to be made by when? 10 MR. SPIKES: November the 11th. 11 MR. ARONSTAM: 2019. 12 MR. SPIKES: 2019. 13 . THE COURT: And that would be payment in full. 14 MR. ARONSTAM: Yes, your Honor. 15 MR. SPIKES: Correct. 16 MR. ARONSTAM: And upon receipt of the payment 17 defendant will deliver a qui k claim deed and any other 18 documents necessary to relinquish his one percent interest in 19 the premises to 40 Green Avenue. 20 MR. SPIKES: Well,.actually, that has to be done -- if counsel wants to attend the to obtain the 21 closing 22 moneys, but we need that doomment at the same time or prior 23 to the actual closing as oppose to afterwards. So I mean it 24 can be held subject to the payment of the moneys. 25 I am sorry. We didn't discuss the whole thing and FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 P R O" C.E E D I N G S 1 we came and put it on the record. We require the consent of 2 the defendant to actually sell the and to provide property 3 the quick claim deed or sign the deed at the olosing in order 4 to get the funds. 5 MR ARONSTAM: If there is a closihg. 6 MR. SPIKES: You get your funds at that time. I 7 . am just making it clear you required to attend and sign the 8 documents at that time simultaneously. 9 MR. ARONSTAM: Correct. 10 . . THE COURT: So essentially what would happen is a 11 closing would be scheduled, both parties- would have to be at 12 the closing, they provide the quick claim deed so that the 13 property gets transferred into the plaintiff's name and then 14 'we can have to close it because she then transfers it to 15 whoever the buyer is. 16 MR. SPIKES: Correct. 17 THE COURT: That would have to be the process for 18 this action, because he's going to be paid out of the . 19 proceeds from the sale of the property. 20 Is that the understanding? 21 MR. SPIKES: That's the understanding. 22 MR, ARONSTAM: Yes. j 23 THE COURT: Very well. 24 MR. ARONSTAM: Your Honor, I also need a default 25 provision. If the plaintiff fails to pay by November 11th I FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 P R O C E E D I N G S 1 want the right to enter judgment upon 10 days notice for the 2 settlement amount. 3 THE COURT: Do you need a minute to speak to your 4 client? 5 MR. SPIKES: Yes, your Honor. 6 That's fine, your·Honor. I would just ask if the 7 Court then in that event retain jurisdiction in the event 8 there was contingency I need to discuss and extend that time. 9 For example, we might be closing in a few weeks as 10 oppose to the next day outside of the 10 day notice and it 11 would be better not to have a judgnent entered at that point 12 if we were close to closing. 13 MR. ARONSTAM: Make it a 20 day. We would be 14 going into December. 15 MR. SPIKES: That's fine. 16 . THE COURT: So then the default provision that if 17 the closing doesn't take plac,e on or before November 11, 2019 18 then upon 20 days notice to the plaintiff the defendant may 19 enter judgment for the agreed amount of $145,000. 20 MR. SPIKES: Yes. 21 MR. ARONSTAM: Yes, your Honor. 22 THE COURT: Okay. Very well. Since your client 23 is not present here in the courtroom I am not going to swear 24 him in. 25 I am simply going to ask, Ms. Farnsworth you have FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 O' RECEIVED NYSCEF: 01/10/2023 P R C E E D I N G S 1 heard the terms of the settlement that the attorneys have 2 placed on the record. Are you to accept this willing 3 settlement? 4 MS. EARNSWORTH: Yes, I am to accept this willing S settlement. 6 THE COURT: And, Mr. McKenzie, same question for 7 you. You heard the terms? 8 MR. McKENZIEi I accept. 9 THE COURT: And are you both doing so freely and 10 voluntarily? 11 MS. EARNSWORTH: Yes. 12 MR. McKENZIE: Yes. 13 THE COURT: And no one is forcing you to accept 14 this.agreement? 15 MS. FARNSWORTH: That's right. Nobody is forcing 16 to me to accept it. I am doing it voluntarily. 17 MR. McKENZIE: No. 18 THE ÓOURT: Neither of you are under the inf.1uence 19 of any medication, any drugs, any alcohol which would affect 20 your ability to understand the terms of this agreement? 21 MS. EARNSWORTH: No. Lots of coffee but no 22 . alcohol. . . 23 MR. McKENZIE: Same here. No problem. 24 THE COURT: Thank you very much. So very well. 25 Is there anything else counsels need to place on FILED: KINGS COUNTY CLERK 01/10/2023 02:22 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 303 RECEIVED NYSCEF: 01/10/2023 P R O'C E E D I N G S 1 the record with respect to this settlement? 2 MR. SPIKES: No, yoùr Honor. 3 THE COURT: Very well. So this matter is. settled 4 for a total sum of $145,000 to be paid on November 11, 2019 5 at the closing for the sale of the subject property. At that 6 closing the defendant, Mr. McKenzie, will.provide a quick 7 claim deed for his one percent interest to the plaintiff so 8 that the closing can take place and at that closing the sum 9 of $145,000 will be paid from the sale of the premises. If 10 the sale does not take place on or before November 11, 2019 , 11 the parties consent to of the default -- of a entry entry 12 judgment in favor of the defendant upon 20 days notice to the 13 plaintiff's attorney. 14 MR. SPIKES: Yes, your Honor. 15 THE COURT: Very good. So the matter is settled - . 16 in accordance with the agreement counsel has placed on the 17 record. 18 MR. SPIKES: Thank you very much, your Honor. 19 THE COURT:. Go in peace... · 20 MR.'ARONSTAM: Thanks for your patience, your 21 Honor.. 22 Certified to be a true and accurate transcript of 23 the stenographic minutes taken wit in 25 Harold Ortiz Senior Court Repor r