On April 24, 2023 a
NOTICE OF CROSS-MOTION
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
FILED: KINGS COUNTY CLERK 06/16/2023 03:15 PM INDEX NO. 10493/2010
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/16/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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WELLS FARGO BANK, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO WACHOVIA BANK
NATIONAL ASSOCIATION,
NOTICE OF
Plaintiff, CROSS-MOTION
-against- Index No. 10493/2010
16TH STREET REGENCY LLC, NATHAN HIRSCH
a/k/a NATHAN HIRSH, BENJAMIN MUTZEN, WELLS
FARGO NATIONAL BANK, NATIONAL ASSOCIATION,
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 AJUDICATION BUREAU,
ACE INSTALLERS, d/b/a ACCURATE CUSTOM ENTRANCES,
BUILDERS ASSISTANCE CORP., BOARD OF MANAGERS
OF 198-210 16TH STREET CONDOMINIUM,
WILLIAM NCNUTT, JESSICA/AKAMI, NEGAR AKAMI,
Defendants.
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CROSS-MOTION BY: Defendants 16th Street Regency LLC, Nathan Hirsch
a/k/a/ Nathan Hirsh and Benjamin Mutzen (the
“Defendants”).
DATE, TIME AND PLACE: July 31, 2023 at 9:30 a.m. or as soon thereafter as
counsel can be heard before the Honorable Larry
Martin of the Supreme Court of the State of New
York, County of Kings, at the courthouse located at
360 Adams Street, Brooklyn, New York 11201.
RELIEF REQUESTED: An order pursuant to: (a) Part F, Rule 8 of the Kings
County Supreme Court Uniform Civil Term Rules
dismissing this action for Plaintiff’s failure to file a
motion for judgment of foreclosure and sale within
one year of entry of the Order of Reference; (b)
CPLR 6514(a) vacating and cancelling all Notices of
Pendency filed herein; or, in the alternative, (c)
pursuant to CPLR 4403(a), rejecting the Referee’s
Report of Amount Due to the extent of rejecting the
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FILED: KINGS COUNTY CLERK 06/16/2023 03:15 PM INDEX NO. 10493/2010
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/16/2023
Referee’s computation of principal, interest and
other charges due under the Note and Mortgage and
directing entry of judgment of foreclosure and sale in
favor of Plaintiff for nominal damages in the amount
of $1.00 together with Plaintiff’s reasonable
attorneys’ fees; and (d) together with such other and
further relief as the Court deems just and proper.
SUPPORTING DOCUMENTS: Affirmation of Anthony R. Filosa, Esq., dated June
16, 2023 together with the exhibits annexed thereto
and the accompanying Memorandum of Law dated
June 16, 2023.
NATURE OF ACTION: Mortgage foreclosure.
FURTHER NOTICE: Pursuant to the Stipulation dated May 8, 2023,
answering affidavits, if any, are required to be served
upon the undersigned on or before July 18, 2023
Dated: Garden City, New York
June 16, 2023
ROSENBERG FORTUNA &
LAITMAN, LLP
By: Anthony R. Filosa
ANTHONY R. FILOSA
Attorneys for Defendants
16th Street Regency LLC, Nathan Hirsch
a/k/a Nathan Hirsh and Benjamin Mutzen
666 Old Country Road, Suite 810
Garden City, New York 11530
(516) 228-6666
2
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Preview
FILED: KINGS COUNTY CLERK 06/16/2023 03:15 PM INDEX NO. 10493/2010 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X WELLS FARGO BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO WACHOVIA BANK NATIONAL ASSOCIATION, NOTICE OF Plaintiff, CROSS-MOTION -against- Index No. 10493/2010 16TH STREET REGENCY LLC, NATHAN HIRSCH a/k/a NATHAN HIRSH, BENJAMIN MUTZEN, WELLS FARGO NATIONAL BANK, NATIONAL ASSOCIATION, 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 AJUDICATION BUREAU, ACE INSTALLERS, d/b/a ACCURATE CUSTOM ENTRANCES, BUILDERS ASSISTANCE CORP., BOARD OF MANAGERS OF 198-210 16TH STREET CONDOMINIUM, WILLIAM NCNUTT, JESSICA/AKAMI, NEGAR AKAMI, Defendants. ---------------------------------------------------------------------X CROSS-MOTION BY: Defendants 16th Street Regency LLC, Nathan Hirsch a/k/a/ Nathan Hirsh and Benjamin Mutzen (the “Defendants”). DATE, TIME AND PLACE: July 31, 2023 at 9:30 a.m. or as soon thereafter as counsel can be heard before the Honorable Larry Martin of the Supreme Court of the State of New York, County of Kings, at the courthouse located at 360 Adams Street, Brooklyn, New York 11201. RELIEF REQUESTED: An order pursuant to: (a) Part F, Rule 8 of the Kings County Supreme Court Uniform Civil Term Rules dismissing this action for Plaintiff’s failure to file a motion for judgment of foreclosure and sale within one year of entry of the Order of Reference; (b) CPLR 6514(a) vacating and cancelling all Notices of Pendency filed herein; or, in the alternative, (c) pursuant to CPLR 4403(a), rejecting the Referee’s Report of Amount Due to the extent of rejecting the 1 of 2 FILED: KINGS COUNTY CLERK 06/16/2023 03:15 PM INDEX NO. 10493/2010 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/16/2023 Referee’s computation of principal, interest and other charges due under the Note and Mortgage and directing entry of judgment of foreclosure and sale in favor of Plaintiff for nominal damages in the amount of $1.00 together with Plaintiff’s reasonable attorneys’ fees; and (d) together with such other and further relief as the Court deems just and proper. SUPPORTING DOCUMENTS: Affirmation of Anthony R. Filosa, Esq., dated June 16, 2023 together with the exhibits annexed thereto and the accompanying Memorandum of Law dated June 16, 2023. NATURE OF ACTION: Mortgage foreclosure. FURTHER NOTICE: Pursuant to the Stipulation dated May 8, 2023, answering affidavits, if any, are required to be served upon the undersigned on or before July 18, 2023 Dated: Garden City, New York June 16, 2023 ROSENBERG FORTUNA & LAITMAN, LLP By: Anthony R. Filosa ANTHONY R. FILOSA Attorneys for Defendants 16th Street Regency LLC, Nathan Hirsch a/k/a Nathan Hirsh and Benjamin Mutzen 666 Old Country Road, Suite 810 Garden City, New York 11530 (516) 228-6666 2 2 of 2