On September 13, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Fairbridge Real Estate Investment Trust, Llc
F K A Realfi Real Estate Investment Trust Llc,
and
Brookview Town House Llc
A K A Brookview Town Houses Llc,
Carl Orsini
A K A Carlos M. Orsini,
Cor Holdings Llc,
David Raven,
George Lumber & Building Material Inc.,
John Doe Company Nos. 1-100,
John Doe Corporation Nos. 1-100
And,
Key Bank
As Successor By Merger To First Niagara Bank, N.A.,
Little Falls Garden Apartments Llc,
New York State Department Of Taxation And Finance,
Robinhood Properties L.L.C.,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Montgomery County.
Preview
FILED: MONTGOMERY COUNTY CLERK 06/15/2023 02:52 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 06/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
FAIRBR1DGE REAL ESTATE INVESTMENT TRUST,
LLC F/K/A REALFI REAL ESTATE INVESTMENT
STIPULATION
TRUST LLC,
Index No.: EF2022-477
- against -
LITTLE FALLS GARDEN APARTMENTS LLC,
ROBINHOOD PROPERTIES LLC, BROOKVIEW
TOWN HOUSE LLC a/k/a BROOKVIEW TOWN
HOUSES LLC, COR HOLDINGS LLC, DAVID
RAVEN, CARL ORSINI a/k/a CARLOS M, ORSINI,
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE, GEORGE LUMBER & BUILDING
MATERIAL INC. and KEY BANK, as Successor by
Merger to FIRST NIAGARA BANK, N.A.,
Defendants.
IT IS HEREBY STIPULATED, AGREED AND CONSENTED TO, by and between
counsel for Plaintiff, FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC FR(/A
REALFI REAL ESTATE INVESTMENT TRUST LLC ("Plaintiff"), and Defendants,
LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES LLC,
BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC AND
DAVID RAVEN ("Defendants"), as follows:
1. Plaintiff and Defendants agree and consent that the duly appointed receiver in the
above captioned foreclosure proceeding, Peter Sciocchetti (the "Receiver"), is authorized and
directed to immediately release and distribute to the Plaintiff, the sum of SS23,483,01 received
by the Receiver from the Department of Housing and Urban Development ("HUD"), in
connection with the Little Falls Oardens Apartments, and identified and authorized by HUD to
FILED: MONTGOMERY COUNTY CLERK 06/15/2023 02:52 PM INDEX NO. EF2022-477
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 06/15/2023
I
flum HUD
be released to the Plaintiff together with any future monies received by the Receiver
and specifically identified and authorized by HUDbereleased to the Plaintiff.
Stipulation be executed in counterparts and a faxed or e-mailed
2. This may
signature shall be deemed an original for purposes of this Stipulation.
agree that this Stipulation shallbefiledwith the Supreme
3. Plaintiff and Defendants
Court of the State of New York, County of Montgomery (Catena, J.) to be so-ordered.
Dated: May 31, 2023
FAIRBRIDGE REAL ESTATE
INVESTMENT TRUST, LLC F/K/AREALF1
REAL ESTATE INVESTMENTTRUST, LLC
By
Steven J. Wissak, Managing Member
LITTLE FALLS OARDEN APARTMENTS
LLC
By:
avid Raven, Managing Member
ROBINHOOD PROPERTIES L.L.C.
By:
David Raven, Managing Member
BROOKVIEW TOWN HOUSF3 LLC A/K/A
BROOKVIEW TOWN HOUSES LLC
David Raven, Managing Member
SO-ORDERED:
Hon.FelixJ. Catenn, J.S.C.
Document Filed Date
June 15, 2023
Case Filing Date
September 13, 2022
Category
Real Property - Mortgage Foreclosure - Commercial
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: MONTGOMERY COUNTY CLERK 06/15/2023 02:52 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 06/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY FAIRBR1DGE REAL ESTATE INVESTMENT TRUST, LLC F/K/A REALFI REAL ESTATE INVESTMENT STIPULATION TRUST LLC, Index No.: EF2022-477 - against - LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES LLC, BROOKVIEW TOWN HOUSE LLC a/k/a BROOKVIEW TOWN HOUSES LLC, COR HOLDINGS LLC, DAVID RAVEN, CARL ORSINI a/k/a CARLOS M, ORSINI, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, GEORGE LUMBER & BUILDING MATERIAL INC. and KEY BANK, as Successor by Merger to FIRST NIAGARA BANK, N.A., Defendants. IT IS HEREBY STIPULATED, AGREED AND CONSENTED TO, by and between counsel for Plaintiff, FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC FR(/A REALFI REAL ESTATE INVESTMENT TRUST LLC ("Plaintiff"), and Defendants, LITTLE FALLS GARDEN APARTMENTS LLC, ROBINHOOD PROPERTIES LLC, BROOKVIEW TOWN HOUSE LLC A/K/A BROOKVIEW TOWN HOUSES LLC AND DAVID RAVEN ("Defendants"), as follows: 1. Plaintiff and Defendants agree and consent that the duly appointed receiver in the above captioned foreclosure proceeding, Peter Sciocchetti (the "Receiver"), is authorized and directed to immediately release and distribute to the Plaintiff, the sum of SS23,483,01 received by the Receiver from the Department of Housing and Urban Development ("HUD"), in connection with the Little Falls Oardens Apartments, and identified and authorized by HUD to FILED: MONTGOMERY COUNTY CLERK 06/15/2023 02:52 PM INDEX NO. EF2022-477 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 06/15/2023 I flum HUD be released to the Plaintiff together with any future monies received by the Receiver and specifically identified and authorized by HUDbereleased to the Plaintiff. Stipulation be executed in counterparts and a faxed or e-mailed 2. This may signature shall be deemed an original for purposes of this Stipulation. agree that this Stipulation shallbefiledwith the Supreme 3. Plaintiff and Defendants Court of the State of New York, County of Montgomery (Catena, J.) to be so-ordered. Dated: May 31, 2023 FAIRBRIDGE REAL ESTATE INVESTMENT TRUST, LLC F/K/AREALF1 REAL ESTATE INVESTMENTTRUST, LLC By Steven J. Wissak, Managing Member LITTLE FALLS OARDEN APARTMENTS LLC By: avid Raven, Managing Member ROBINHOOD PROPERTIES L.L.C. By: David Raven, Managing Member BROOKVIEW TOWN HOUSF3 LLC A/K/A BROOKVIEW TOWN HOUSES LLC David Raven, Managing Member SO-ORDERED: Hon.FelixJ. Catenn, J.S.C.