Preview
FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
WELLS FARGO BANK, N.A., SUCCESSOR BY NOTICE OF MOTION FOR
MERGER TO WACHOVIA MORTGAGE, FSB, VACATURE OF JUDGMENT
FORMERLY KNOWN AS WORLD SAVINGS BANK, OF FORECLOSURE AND
FSB, SALE, CANCELLATION OF
Plaintiff, LIS PENDENS AND
vs. DISCONTINUANCE OF
DARREN S. HARRIS, SURVIVING JOINT TENANT ACTION
WITH LORETTA HARRIS, KINGS SUPREME COURT,
CAPITAL ONE BANK, CRIMINAL COURT OF THE Index No.: 18271/2013
CITY OF NEW YORK, CITY OF NEW YORK
ENVIRONMENTAL CONTROL BOARD, CITY OF Property Address:
NEW YORK DEPARTMENT OF FINANCE PARKING 318 E 57th St
VIOLATIONS BUREAU, CITY OF NEW YORK Brooklyn, NY 11203
TRANSIT ADJUDICATION BUREAU, CONTI
MORTGAGE, BANKERS TRUST COMPANY OF Block 4741 Lot 15
CALIFORNIA, NA, AS TRUSTEE UNDER THE
POOLING AND SERVICING AGREEMENT DATED AS
OF MARCH 27, 1997 DELTA FUNDING HOME
EQUITY LOAN TRUST 1997-1,
Defendant.
PLEASE TAKE NOTICE that the undersigned will move this Court on October 26, 2022,
at 9:30am, on submission, in front of Hon. Cenceria P. Edwards at the Kings County Supreme
Court located at 360 Adams Street, Brooklyn, NY 11201 for the relief specified below, on the
pleadings and all other papers, and upon the Affirmation of Aleksandra K. Fugate, Esq. dated
9/14/2022.
Plaintiff seeks the following relief:
1. An Order vacating the Judgment of Foreclosure and Sale.
2. An Order discharging the referee.
3. An Order cancelling the Lis Pendens and discontinuing this action, with
prejudice.
4.
Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al.
Kings County Supreme Court, Index #: 18271/2013
1 of 3
FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if
any, are required to be served upon the undersigned at least seven (7) days prior to return date of
this motion.
Dated: 9/14/2022
By:
Aleksandra K. Fugate, Esq.
Woods Oviatt Gilman LLP
Attorneys for Plaintiff
500 Bausch & Lomb Place
Rochester, NY 14604
Tel.: 855-227-5072
TO:
Darren S. Harris, surviving Joint Tenant with Loretta Harris
318 E 57th Street
Brooklyn, NY 11203
Kings Supreme Court
25 Beaver Street
New York, NY 10004
Capital One Bank
340 Washington Ave
Brentwood, NY 11717
Criminal Court of the City of New York
25 Beaver Street, 11th Floor
New York, NY 10004
City of New York Environmental Control Board
100 Church Street, 4th Floor
New York, NY 10007
City of New York Department of Finance Parking Violations Bureau
100 Church Street, 4th Floor
New York, NY 10007
Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al.
Kings County Supreme Court, Index #: 18271/2013
2 of 3
FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022
City of New York Transit Adjudication Bureau
130 Livingston Street
Brooklyn, NY 11201
Conti Mortgage
600 N. 2nd Street, Suite 401
Harrisburg, PA 17101
Bankers Trust Company of California, NA,
1761 East Street, Andrews Place
Santa Ana, CA 92705
Mark A. Longo, Esq., as appointed referee
Longo & D'Apice, Esqs.
26 Court Street, Suite 1700
Brooklyn, NY 11242
Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al.
Kings County Supreme Court, Index #: 18271/2013
3 of 3
Preview
FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS WELLS FARGO BANK, N.A., SUCCESSOR BY NOTICE OF MOTION FOR MERGER TO WACHOVIA MORTGAGE, FSB, VACATURE OF JUDGMENT FORMERLY KNOWN AS WORLD SAVINGS BANK, OF FORECLOSURE AND FSB, SALE, CANCELLATION OF Plaintiff, LIS PENDENS AND vs. DISCONTINUANCE OF DARREN S. HARRIS, SURVIVING JOINT TENANT ACTION WITH LORETTA HARRIS, KINGS SUPREME COURT, CAPITAL ONE BANK, CRIMINAL COURT OF THE Index No.: 18271/2013 CITY OF NEW YORK, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, CITY OF Property Address: NEW YORK DEPARTMENT OF FINANCE PARKING 318 E 57th St VIOLATIONS BUREAU, CITY OF NEW YORK Brooklyn, NY 11203 TRANSIT ADJUDICATION BUREAU, CONTI MORTGAGE, BANKERS TRUST COMPANY OF Block 4741 Lot 15 CALIFORNIA, NA, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF MARCH 27, 1997 DELTA FUNDING HOME EQUITY LOAN TRUST 1997-1, Defendant. PLEASE TAKE NOTICE that the undersigned will move this Court on October 26, 2022, at 9:30am, on submission, in front of Hon. Cenceria P. Edwards at the Kings County Supreme Court located at 360 Adams Street, Brooklyn, NY 11201 for the relief specified below, on the pleadings and all other papers, and upon the Affirmation of Aleksandra K. Fugate, Esq. dated 9/14/2022. Plaintiff seeks the following relief: 1. An Order vacating the Judgment of Foreclosure and Sale. 2. An Order discharging the referee. 3. An Order cancelling the Lis Pendens and discontinuing this action, with prejudice. 4. Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al. Kings County Supreme Court, Index #: 18271/2013 1 of 3 FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022 PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2214(b), answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to return date of this motion. Dated: 9/14/2022 By: Aleksandra K. Fugate, Esq. Woods Oviatt Gilman LLP Attorneys for Plaintiff 500 Bausch & Lomb Place Rochester, NY 14604 Tel.: 855-227-5072 TO: Darren S. Harris, surviving Joint Tenant with Loretta Harris 318 E 57th Street Brooklyn, NY 11203 Kings Supreme Court 25 Beaver Street New York, NY 10004 Capital One Bank 340 Washington Ave Brentwood, NY 11717 Criminal Court of the City of New York 25 Beaver Street, 11th Floor New York, NY 10004 City of New York Environmental Control Board 100 Church Street, 4th Floor New York, NY 10007 City of New York Department of Finance Parking Violations Bureau 100 Church Street, 4th Floor New York, NY 10007 Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al. Kings County Supreme Court, Index #: 18271/2013 2 of 3 FILED: KINGS COUNTY CLERK 09/16/2022 11:17 AM INDEX NO. 18271/2013 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/21/2022 City of New York Transit Adjudication Bureau 130 Livingston Street Brooklyn, NY 11201 Conti Mortgage 600 N. 2nd Street, Suite 401 Harrisburg, PA 17101 Bankers Trust Company of California, NA, 1761 East Street, Andrews Place Santa Ana, CA 92705 Mark A. Longo, Esq., as appointed referee Longo & D'Apice, Esqs. 26 Court Street, Suite 1700 Brooklyn, NY 11242 Wells Fargo Bank, N.A., etc. vs. Darren S. Harris, et al. Kings County Supreme Court, Index #: 18271/2013 3 of 3