Preview
MON OM PV kK WV INDEX NO. EF2022-477
OUN Ud
NYSCEF BOC. NO. 209 RECEIVED NYSCEF: 05/19/2023
At an IAS Part of the Supreme Court
of the State of New York held in and for
tt
the County of Montgom: 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
Plaintiff,
-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 LLC, DAVID RAVEN, CARL ORSINI FONDA, NEW YORK
A/KiA CARLOS M. ORSINI, NEW YORK STATE SEC 35-12 BLK 3 LOT 23
DEPARTMENT OF TAXATION AND FINANCE, GEORGE
LUMBER & BUILDING MATERIAL INC., KEYBANK AS 759 EAST MONROE STREET
EXTENSION
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 117.9 BLK I 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 (“Plaintif! Py Dated 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-
lof 4
| :
MON OM PV OUN NK Ud
WV INDEX NO. EF2022-477
| NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 05/19/2023
@
Heldings-LEG and David Raven (“Defendants”), defenses asserted in Defendants’ 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
to the 24" 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 aie Benjamin
C. McGuire, Esq. was appointed as referee in this action (the “Referce”) 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 gand in the subject
q TAMeNHCE,
consolidated note and consolidated mortgage upon which this action was Samsast 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
eS
ele
ORDERED, that Plaintiff's Motion'is GRANTED in its entirety; and it is further
ORDERED, that Defendants’ 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
20f 4
MON OM PV kK WV INDEX NO. EF2022-477
OUN Ud
NYSCEF BOC. NO 209 RECEIVED NYSCEF: 05/19/2023
appointed.
2s Referee (hereinafter “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 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/heg 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 an oeiivnel &)
ORDERED that, upon submission of the Referee’s report, Plaintiff shall pay $250.00 to
areTar of FSD0.°°
the Referee as compensation for his/fes,services, 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/She 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”), and 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
hinVferself or paying funds to hin/Rerself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED Huerte Couck Snail ContemporOneously exccure ©
am waiten Decision and Order aianny Soa Yelarp) ond wis
Putri
3 0f 4
=: INDEX NO. EF2022-477
NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 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 May 102.3
ENTER:
-
A.JS.C. \ %
ENTERED
05/22/2023
Pillans Fveby
4 of 4
Preview
MON OM PV kK WV INDEX NO. EF2022-477 OUN Ud NYSCEF BOC. NO. 209 RECEIVED NYSCEF: 05/19/2023 At an IAS Part of the Supreme Court of the State of New York held in and for tt the County of Montgom: 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 Plaintiff, -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 LLC, DAVID RAVEN, CARL ORSINI FONDA, NEW YORK A/KiA CARLOS M. ORSINI, NEW YORK STATE SEC 35-12 BLK 3 LOT 23 DEPARTMENT OF TAXATION AND FINANCE, GEORGE LUMBER & BUILDING MATERIAL INC., KEYBANK AS 759 EAST MONROE STREET EXTENSION 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 117.9 BLK I 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 (“Plaintif! Py Dated 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- lof 4 | : MON OM PV OUN NK Ud WV INDEX NO. EF2022-477 | NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 05/19/2023 @ Heldings-LEG and David Raven (“Defendants”), defenses asserted in Defendants’ 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 to the 24" 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 aie Benjamin C. McGuire, Esq. was appointed as referee in this action (the “Referce”) 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 gand in the subject q TAMeNHCE, consolidated note and consolidated mortgage upon which this action was Samsast 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 eS ele ORDERED, that Plaintiff's Motion'is GRANTED in its entirety; and it is further ORDERED, that Defendants’ 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 20f 4 MON OM PV kK WV INDEX NO. EF2022-477 OUN Ud NYSCEF BOC. NO 209 RECEIVED NYSCEF: 05/19/2023 appointed. 2s Referee (hereinafter “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 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/heg 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 an oeiivnel &) ORDERED that, upon submission of the Referee’s report, Plaintiff shall pay $250.00 to areTar of FSD0.°° the Referee as compensation for his/fes,services, 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/She 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”), and 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 hinVferself or paying funds to hin/Rerself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED Huerte Couck Snail ContemporOneously exccure © am waiten Decision and Order aianny Soa Yelarp) ond wis Putri 3 0f 4 =: INDEX NO. EF2022-477 NYSCEF DOC. NO. 209 RECEIVED NYSCEF: 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 May 102.3 ENTER: - A.JS.C. \ % ENTERED 05/22/2023 Pillans Fveby 4 of 4