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FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
THE BOARD OF MANAGERS OF THE REGATTA Index No. 150523/17
CONDOMINIUM,
Plaintiff,
NOTICE OF MOTION
-against-
VINAY K. DEWAN, ANJALI DEWAN, JP MORGAN
DOE"
CHASE BANK, AND "JOHN No. 1 through "JOHN
DOE"
No. 15, the true name of said defendants being
unknown to plaintiff, the parties intended to be those
persons having or claiming an interest in the liened
premises described in the complaint by virtue of being
tenants, or occupants, or judgment-creditors, or lienors of
any type or nature in all or part of said premises,
Defendants.
PLEASE TAKE NOTICE that upon the affirmation of Christina Simanca-
Proctor, Esq. dated June 12, 2018, the affidavit of Conor McCarthy sworn to on June 7,
2018, the exhibits annexed thereto, and upon all the pleadings and proceedings hereto
filed and had herein, Plaintiff will move this Court in the General Motion Part at the
29th
Courthouse thereof, Room 130, 60 Centre Street, New York, New York, on the day
o'
of June 2018 at 9:30 clock in the forenoon of that day, or as soon thereafter as
counsel can be heard, for an Order:
(a) Pursuant to CPLR R 3212, granting Plaintiff summary
judgment in its favor as a matter of law as against
defendants Vinay K. Dewan and Anjali Dewan
(" Defendants"
("Defendants") on the grounds that there are no
triable issues of fact; and
(b) Pursuant to CPLR R 3211(b), dismissing the
Defendants'
affirmative defenses contained answer
on the grounds that their affirmatives defense are
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FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018
without merit and cannot be properly interposed in
this action; an
(c) Pursuant to CPLR R 3025, directing that defendants
Doe" Doe"
"John No. 1 through "John No. 15 be
dismissed as party defendants in this action and the
omnibus clause deleted from the caption, all without
prejudice to all of the pleadings and proceedings
heretofore had herein;
(d) Pursuant to CPLR R 3217, discontinuing this action
as against defendant JP Morgan Chase Bank without
prejudice to all of the pleadings and proceedings
heretofore had herein;
(e) Pursuant to RPAPL §1321, directing that a Referee
be appointed to compute and ascertain the amount
due the Board on the lien for which this action was
brought to foreclose and to report whether the
premises should be sold in one or separate parcels;
and
(f) For such other and further relief as to this Court may
seem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b),
answering affidavits, ifany, are to be served upon the undersigned at least two (2) days
before the return date of this motion.
Dated: New York, New York
June 12, 2018 Yours, etc.
BELKIN BURDEN WENIG 8 GOLDMAN, LLP
Attorneys for Plaintiff
270 Madison Avenue
New York, New York 10016
(212) 8 7 4466
By.
By:
CHRI8ÝlNAJÍMÄNCA-PROCTOR, ESQ.
(Rule 130-1.1-a)
-2-
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FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018
TO: SICHENZlA ROSS FERENCE KESNER LLP
Attorneys for Defendants Vinay K. Dewan and Anjali Dewan
37th
1185 Avenue of the Americas, Floor
New York, New York 10036
(212) 930-9700
Attn: Todd J. Manister, Esq.
SHAPIRO, DICARO, 8 BARAK, LLC
Attorneys for Defendant JP Morgan Chase Bank, N.A.
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Attn: Eliis M. Oster, Esq.
-3-
CP RO CTOR/11 85.2321/2363428
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Preview
FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE BOARD OF MANAGERS OF THE REGATTA Index No. 150523/17 CONDOMINIUM, Plaintiff, NOTICE OF MOTION -against- VINAY K. DEWAN, ANJALI DEWAN, JP MORGAN DOE" CHASE BANK, AND "JOHN No. 1 through "JOHN DOE" No. 15, the true name of said defendants being unknown to plaintiff, the parties intended to be those persons having or claiming an interest in the liened premises described in the complaint by virtue of being tenants, or occupants, or judgment-creditors, or lienors of any type or nature in all or part of said premises, Defendants. PLEASE TAKE NOTICE that upon the affirmation of Christina Simanca- Proctor, Esq. dated June 12, 2018, the affidavit of Conor McCarthy sworn to on June 7, 2018, the exhibits annexed thereto, and upon all the pleadings and proceedings hereto filed and had herein, Plaintiff will move this Court in the General Motion Part at the 29th Courthouse thereof, Room 130, 60 Centre Street, New York, New York, on the day o' of June 2018 at 9:30 clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for an Order: (a) Pursuant to CPLR R 3212, granting Plaintiff summary judgment in its favor as a matter of law as against defendants Vinay K. Dewan and Anjali Dewan (" Defendants" ("Defendants") on the grounds that there are no triable issues of fact; and (b) Pursuant to CPLR R 3211(b), dismissing the Defendants' affirmative defenses contained answer on the grounds that their affirmatives defense are 1 of 3 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018 without merit and cannot be properly interposed in this action; an (c) Pursuant to CPLR R 3025, directing that defendants Doe" Doe" "John No. 1 through "John No. 15 be dismissed as party defendants in this action and the omnibus clause deleted from the caption, all without prejudice to all of the pleadings and proceedings heretofore had herein; (d) Pursuant to CPLR R 3217, discontinuing this action as against defendant JP Morgan Chase Bank without prejudice to all of the pleadings and proceedings heretofore had herein; (e) Pursuant to RPAPL §1321, directing that a Referee be appointed to compute and ascertain the amount due the Board on the lien for which this action was brought to foreclose and to report whether the premises should be sold in one or separate parcels; and (f) For such other and further relief as to this Court may seem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR §2214(b), answering affidavits, ifany, are to be served upon the undersigned at least two (2) days before the return date of this motion. Dated: New York, New York June 12, 2018 Yours, etc. BELKIN BURDEN WENIG 8 GOLDMAN, LLP Attorneys for Plaintiff 270 Madison Avenue New York, New York 10016 (212) 8 7 4466 By. By: CHRI8ÝlNAJÍMÄNCA-PROCTOR, ESQ. (Rule 130-1.1-a) -2- 2 of 3 FILED: NEW YORK COUNTY CLERK 06/14/2018 10:36 AM INDEX NO. 150523/2017 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 06/14/2018 TO: SICHENZlA ROSS FERENCE KESNER LLP Attorneys for Defendants Vinay K. Dewan and Anjali Dewan 37th 1185 Avenue of the Americas, Floor New York, New York 10036 (212) 930-9700 Attn: Todd J. Manister, Esq. SHAPIRO, DICARO, 8 BARAK, LLC Attorneys for Defendant JP Morgan Chase Bank, N.A. 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Attn: Eliis M. Oster, Esq. -3- CP RO CTOR/11 85.2321/2363428 3 of 3