Preview
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 08/22/2023
EXHIBIT H
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 243
209 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/22/2023
05/19/2023
. At an IAS Part _ of the Supreme Court
of the State of New York held in and for
the County of Montgomer at the
Courthouse thereof, on the day of
. 2023.
PRESENT: HON. FELIX J. CATENA
Acting Justice of the Supreme Court
ORDER GRANTING
FAIRBRIDGE REAL ESTATE INVESTMENT TRUST,
SUMMARY JUDGMENT,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
APPOINTING A
TRUST LLC,
REFEREE TO
COMPUTE AND FOR
OTHER RELIEF
-against. Index No.: EF2022-477
MORTGAGED
LITTLE FALLS GARDEN APARTMENTS LLC, PROPERTIES:
ROBINHOOD PROPERTIES L.L.C., BROOKVIEW TOWN
HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC,
60 EAST MAIN STREET
COR HOLDINGS DAVID CARL ORSINI FONDA, NEW YORK
LLC, RAVEN,
SEC 35-12 BLK 3 LOT 23
A/K/A CARLOS M. ORSINI, NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, GEORGE
7p5 E ONONROE EREET
LUMBER & BUILDING MATERIAL INC., KEYBANK AS
IASS
SUCCESSOR BY MERGER TO FIRST NIAGARA BANK, LITTLE FALLS, NEW YORK
N.A., SEC 45 BLK 1 LOT 2.2
97 METTOWEE STREET
Defendants. GRANVILLE, NEW YORK
SEC I17.9 BLK 1 LOT 32.2
UPON reading and filing of the motion of Plaintiff, Fairbridge Real Estate Investment
Trust, LLC f/k/a RealFi Real Estate Investment Trust LLC ("Plaintiff") ated April 24, 2023 for
@
an Order dismissing all of Defendants', Little Falls Garden Apartments LLC, Robinhood
Properties L.L.C., Brookview Town House LLC a/k/a Brookview Town Houses LLC, Gor-
1 of 4
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 243
209 RECEIVED
RECEIVED NYSCEF:
NYSC F:
08/22/2023
05/19/2023
Defendants'
Held ags.J±G and David Raven ("Defendants"), defenses asserted in Verified
Answer, granting summary judgment in favor of the Plaintiff against Defendants for the relief
demanded in the Verified Complaint filed in this action and an Order of Reference together with
other and further relief ("Plaintiff's Motion"); and upon the affidavit of Steven J. Wissak, sworn
24th
to the day of April, 2023, and upon the affirmation of Andrew M. Roth, Esq., dated April 24,
2023 together with the exhibits attached thereto, all together with proof of due service and upon
the Summons and Verified Complaint herein duly filed with the. Clerk of the County of
Montgomery on September 13, 2022 and upon the Notices of Pendency filed in this action in
Montgomery County on September 13, 2022, in Herkimer County on September 14, 2022 and in
Washington County on September 16, 2022, respectively, and upon the Order of Reference and
Default Judgment issued by the Supreme Court of the State of New York, County of Montgomery .
(Catena, J.), dated May 18.2023 (the"Order of Reference") pursuant to which, inter a Benjamin
C. McGuire, Esq. was appointed as referee in this action (the "Referee") in accordance with
RPAPL Section 1321 to ascertain and compute the amount due to Plaintiff herein for principal,
interest and other disbursements advanced as provided for by statute jand in the subject
consolidated note and consolidated mortgage upon which this action was to examine
and report whether the mortgage premises should be sold in individual parcels;
NOW, upon the motion of SAHN WARD BRAFF KOBLENZ PLLC, attorneys for the
Plaintiff, it is
ORDERED, that Plaintiff's MotiorCis GRANTED in its entirety; and it is further
Defendants'
ORDERED, that Verified Answer is stricken from the record; and it is further
ORDERED, that Benjamin C; McGuire, Esq., with an address of .8 Freemont St.,
Gloversville, NY 12078-3206, telephone number (518) 725-0653 is hereby confirmed as the
2 of 4
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477
NYSCEF DOC.
NYSCEF DOC.
NO. 243
NO. 209
RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/22/2023
05/19/2023
appointed. as. Referee (hereinafter "Referee"), in accordance with RPAPL Section 1321, to
ascertain and compute the amount due to Plaintiff herein for. principal, interest and other
disburseinents advanced as provided for by statute and in the Consolidated Note and Consolidated
Mortgage upon which this action was brought, to examine and report whether the mortgaged
premises should be sold in individual parcels, and that the Referee make his/her,report no later
than 60 days of the date of this order, and that, except for good cause shown, the Plaintiff shall
move for judgment no later than 60 days of the date of the Referee's report; and it is further
ORDERED that, if necessary, the Referee may take testimony in accordance with RPAPL
Section 1321; and it is further
g culdt
ORDERED that, upon submission of the Referee's report, Plaintiff shall pay $250.00 to
for amat 4 4 sto.°°,
the Referee as compensation for his/h¾services, which sum may be recouped as a cost of
litigation; and it is further
ORDERED that, by accepting this appointment, the Referee certifies that he/sle is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including but not
limited to section.36.2(c) ("Limitations on Appointment Based on Compensation"), ánd if the
Referee is disqualified from receiving an appointment pursuant to provisions of that Rule, the
Referee shall immediately notify the appointing Judge; and it is further
ORDERED that, the Referee is prohibited from accepting or retaining any funds for
him/fittself or paying funds to him/m'rself without compliance with Part 36 of the Rules of the
.-
Chief
w«
Administrative Judge; and it is further
oRoeReb c man emmomoyw
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477
.....--- . ......,---.-... -,..-.,-- --....... ,, ,-- ,,- . -- --,
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 243
209 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 08/22/2023
05/19/2023
ORDERED that, Plaintiff shall serve a copy of the Order with Notice of Entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes a decision and order of the Court dated
E N TER:
A.J.s.c.
ENTERED
05/22/2023
Preview
FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 243 RECEIVED NYSCEF: 08/22/2023 EXHIBIT H FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477 NYSCEF NYSCEF DOC. DOC. NO. NO. 243 209 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/22/2023 05/19/2023 . At an IAS Part _ of the Supreme Court of the State of New York held in and for the County of Montgomer at the Courthouse thereof, on the day of . 2023. PRESENT: HON. FELIX J. CATENA Acting Justice of the Supreme Court ORDER GRANTING FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, SUMMARY JUDGMENT, LLC F/K/A REALFI REAL ESTATE INVESTMENT APPOINTING A TRUST LLC, REFEREE TO COMPUTE AND FOR OTHER RELIEF -against. Index No.: EF2022-477 MORTGAGED LITTLE FALLS GARDEN APARTMENTS LLC, PROPERTIES: ROBINHOOD PROPERTIES L.L.C., BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC, 60 EAST MAIN STREET COR HOLDINGS DAVID CARL ORSINI FONDA, NEW YORK LLC, RAVEN, SEC 35-12 BLK 3 LOT 23 A/K/A CARLOS M. ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, GEORGE 7p5 E ONONROE EREET LUMBER & BUILDING MATERIAL INC., KEYBANK AS IASS SUCCESSOR BY MERGER TO FIRST NIAGARA BANK, LITTLE FALLS, NEW YORK N.A., SEC 45 BLK 1 LOT 2.2 97 METTOWEE STREET Defendants. GRANVILLE, NEW YORK SEC I17.9 BLK 1 LOT 32.2 UPON reading and filing of the motion of Plaintiff, Fairbridge Real Estate Investment Trust, LLC f/k/a RealFi Real Estate Investment Trust LLC ("Plaintiff") ated April 24, 2023 for @ an Order dismissing all of Defendants', Little Falls Garden Apartments LLC, Robinhood Properties L.L.C., Brookview Town House LLC a/k/a Brookview Town Houses LLC, Gor- 1 of 4 FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477 NYSCEF NYSCEF DOC. DOC. NO. NO. 243 209 RECEIVED RECEIVED NYSCEF: NYSC F: 08/22/2023 05/19/2023 Defendants' Held ags.J±G and David Raven ("Defendants"), defenses asserted in Verified Answer, granting summary judgment in favor of the Plaintiff against Defendants for the relief demanded in the Verified Complaint filed in this action and an Order of Reference together with other and further relief ("Plaintiff's Motion"); and upon the affidavit of Steven J. Wissak, sworn 24th to the day of April, 2023, and upon the affirmation of Andrew M. Roth, Esq., dated April 24, 2023 together with the exhibits attached thereto, all together with proof of due service and upon the Summons and Verified Complaint herein duly filed with the. Clerk of the County of Montgomery on September 13, 2022 and upon the Notices of Pendency filed in this action in Montgomery County on September 13, 2022, in Herkimer County on September 14, 2022 and in Washington County on September 16, 2022, respectively, and upon the Order of Reference and Default Judgment issued by the Supreme Court of the State of New York, County of Montgomery . (Catena, J.), dated May 18.2023 (the"Order of Reference") pursuant to which, inter a Benjamin C. McGuire, Esq. was appointed as referee in this action (the "Referee") in accordance with RPAPL Section 1321 to ascertain and compute the amount due to Plaintiff herein for principal, interest and other disbursements advanced as provided for by statute jand in the subject consolidated note and consolidated mortgage upon which this action was to examine and report whether the mortgage premises should be sold in individual parcels; NOW, upon the motion of SAHN WARD BRAFF KOBLENZ PLLC, attorneys for the Plaintiff, it is ORDERED, that Plaintiff's MotiorCis GRANTED in its entirety; and it is further Defendants' ORDERED, that Verified Answer is stricken from the record; and it is further ORDERED, that Benjamin C; McGuire, Esq., with an address of .8 Freemont St., Gloversville, NY 12078-3206, telephone number (518) 725-0653 is hereby confirmed as the 2 of 4 FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477 NYSCEF DOC. NYSCEF DOC. NO. 243 NO. 209 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/22/2023 05/19/2023 appointed. as. Referee (hereinafter "Referee"), in accordance with RPAPL Section 1321, to ascertain and compute the amount due to Plaintiff herein for. principal, interest and other disburseinents advanced as provided for by statute and in the Consolidated Note and Consolidated Mortgage upon which this action was brought, to examine and report whether the mortgaged premises should be sold in individual parcels, and that the Referee make his/her,report no later than 60 days of the date of this order, and that, except for good cause shown, the Plaintiff shall move for judgment no later than 60 days of the date of the Referee's report; and it is further ORDERED that, if necessary, the Referee may take testimony in accordance with RPAPL Section 1321; and it is further g culdt ORDERED that, upon submission of the Referee's report, Plaintiff shall pay $250.00 to for amat 4 4 sto.°°, the Referee as compensation for his/h¾services, which sum may be recouped as a cost of litigation; and it is further ORDERED that, by accepting this appointment, the Referee certifies that he/sle is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including but not limited to section.36.2(c) ("Limitations on Appointment Based on Compensation"), ánd if the Referee is disqualified from receiving an appointment pursuant to provisions of that Rule, the Referee shall immediately notify the appointing Judge; and it is further ORDERED that, the Referee is prohibited from accepting or retaining any funds for him/fittself or paying funds to him/m'rself without compliance with Part 36 of the Rules of the .- Chief w« Administrative Judge; and it is further oRoeReb c man emmomoyw FILED: MONTGOMERY COUNTY CLERK 08/22/2023 12:06 PM INDEX NO. EF2022-477 .....--- . ......,---.-... -,..-.,-- --....... ,, ,-- ,,- . -- --, NYSCEF NYSCEF DOC. DOC. NO. NO. 243 209 RECEIVED RECEIVED NYSCEF: NYSCEF: 08/22/2023 05/19/2023 ORDERED that, Plaintiff shall serve a copy of the Order with Notice of Entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes a decision and order of the Court dated E N TER: A.J.s.c. ENTERED 05/22/2023