On April 24, 2023 a
ORDER TO SHOW CAUSE ( PROPOSED )
was filed
involving a dispute between
Wells Fargo Bank,
National Association, Successor By Merger To Wachovia Bank National Association,
and
16Th Street Regency, Llc,
Ace Installers
Dba Accurate Custom Entrances,
Benjamin Mutzen,
Board Of Managers Of 198-210 16Th Street Condominium,
Builders Assistance Corp.,
City Of New York By Environmental Control Board,
City Of New York By Transit Adjudication Bureau,
Jessica Akami,
Nathan Hirsch
A K A Nathan Hirch,
National Association,
National Association
Successor By Merger To Wachovia Bank,
Negar Akami,
Wells Fargo National Bank,
William Mcnutt,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Preview
At an I.A.S. Term, part ____________ of
the Supreme Court of the County of Kings
held in the Kings Supreme Court in the city
of Brooklyn, New York on the __________
day of _______________, 20________.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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WELLS FARGO BANK, NATIONAL ORDER TO SHOW CAUSE
ASSOCIATION, SUCCESSOR BY MERGER
TO WACHOVIA BANK NATIONAL
ASSOCIATION
Plaintiff,
vs
INDEX #: 10493/2010
16TH STREET REGENCY LLC, NATHAN
HIRSCH AKA NATHAN HIRSH, BENJAMIN MORTGAGED PREMISES:
MUTZEN, WELLS FARGO NATIONAL 200 16th Street, Unit 1B
BANK, NATIONAL ASSOCIATION, Brooklyn, NY 11215
SUCCESSOR BY MERGER TO WACHOVIA
BANK, NATIONAL ASSOCIATION, CITY OF
NEW YORK BY ENVIRONMENTAL
CONTROL BOARD, CITY OF NEW YORK
BY PARKING VIOLATIONS BUREAU, CITY
OF NEW YORK BY TRANSIT
ADJUDICATION BUREAU, ACE
INSTALLERS, DBA ACCURATE CUSTOM
ENTRANCES, BUILDERS ASSISTANCE
CORP., BOARD OF MANAGERS OF 198-210
16TH STREET CONDOMINIUM, WILLIAM
MCNUTT, JESSICA AKAMI, NEGAR AKAMI
Defendant(s).
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Upon reading and filing the affirmation of Alexandra R. Heaney, Esq. sworn to on
August 7, 2023, and upon the exhibits attached thereto.
Let the Defendant (“16th Street Regency LLC”) show cause before a motion term of this
Court, to be held at the Courthouse located at 360 Adams Street, Brooklyn, NY 11201 on the
_________day of __________________, at _____________ or as soon thereafter as counsel may
be heard for an Order:
i) Denying the Defendant’s cross-motion for failure to obtain jurisdiction over
Plaintiff;
ii) Pursuant to CPLR 5015(a)(4) vacating the Plaintiff’s default in appearing at the
July 31, 2023 Conference and vacating Plaintiff’s default in opposing the
Defendant’s motion for lack of proper service on Plaintiff;
iii) Pursuant to CPLR 2004 for an extension of time for Plaintiff to submit opposition
to Defendant’s cross-motion 60 days from a final determination of this motion;
iv) Restoring Plaintiff’s Motion for Judgment of Foreclosure and Sale to the Active
calendar; and
v) For Such other and further relief as this Court may deem equitable, just, and
proper.
ORDERED: that pursuant to CPLR 2004, Plaintiff’s time to submit opposition to
Defendant’s cross-motion is hereby extended 60 days from a final determination of this Motion;
and Plaintiff’s Motion for Judgment of Foreclosure and Sale is restored to the Active calendar.
Sufficient cause appearing therefor, let service of this Order and all supporting
documents upon all parties to this action as follows: on Defendant via Electron Service via
NYSCEF on or before ____________________________________________, be deemed good
and sufficient.
That Defendant shall file its opposition by: _______________________, and Plaintiff
shall file its Reply by:______________________________.
An affidavit or other proof of service shall be presented to this Court on or before
_________________________________________.
Enter:
_____________________________________________
Larry D. Martin, J.S.C.
Document Filed Date
August 08, 2023
Case Filing Date
April 24, 2023
Category
Real Property - Mortgage Foreclosure - Residential
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