Preview
FILED: SULLIVAN COUNTY CLERK 04/08/2022 03:04 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 04/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
THE BANK OF NEW YORK MELLON, F/K/A THE : Index No. 927/2017
BANK OF NEW YORK AS SUCCESSOR TO :
JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR :
ASSET BACKED FUNDING CORPORATION, :
ASSET-BACKED CERTIFICATES, SERIES 2005- :
HE1, :
:
Plaintiff, :
:
-against- :
:
MONIQUE DEFOUR JONES, JUSERENE, LLC, et. al., :
:
JOHN DOE #1” through “JOHN DOE #12,” the last :
twelve names being fictitious and unknown to plaintiff, :
the persons or parties intended being the tenants, :
occupants, persons or corporations, if any, having or :
claiming an interest in or lien upon the Subject Property, :
described in the Complaint, :
:
Defendants. :
:
NOTICE OF ENTRY
PLEASE TAKE NOTICE, that within is a true and correct copy of the Order of the
Honorable Julian D. Schreibman J.S.C., dated March 29, 2022 and entered March 29, 2022,
granting the Motion for Summary Judgment filed by Plaintiff The Bank Of New York Mellon,
F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A. As Trustee For
Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1, among other
relief therein.
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FILED: SULLIVAN COUNTY CLERK 04/08/2022 03:04 PM INDEX NO. E2017-927
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 04/08/2022
Dated: April 8, 2022
New York, New York Respectfully Submitted,
GREENBERG TRAURIG, LLP
By:
/s/ Leah N. Jacob
Leah N. Jacob
Patrick G. Broderick
One Vanderbilt Avenue
New York, New York 10017
Tel: (212) 801-9200
jacobl@gtlaw.com
Counsel for plaintiff HSBC Bank USA,
National Association, As Trustee For
Fremont Home Loan Trust 2006-C,
Mortgage-Backed Certificates, Series
2006-C
TO:
Ronald D. Weiss, PC
734 Walt Whitman Road, Suite 203
Melville, NY 11747
Attorneys for Defendants
Monique Defour Jones and Juserene, LLC
John Doe No. 1 through John Doe No. 12
112 Blackberry Lake
Callicoon, New York 12748
Non-Appearing Defendants
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AM INDEX NO. E2017-927
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NYSCEF DOC. NO. 71 03/29/2022
RECEIVED NYSCEF: 04/08/2022
Before the Honorable , J.S.C, of
the Supreme Court of the State of New York,
held in and for the County of Sullivan, the
Courthouse thereof, Courthouse, 414
Broadway, Monticello. New York on the
A9 day oi Maral^r ,2011
PRESENT:
HONO RABLE Julian D. Schreibman, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
THE BANK OF NEW YORK MELLON, F/K/A THE Irrdex No. F,2017 -927
BANK OF NEW YORK AS SUCCESSOR TO
JPMORGAN CHASE BANK, N,A. AS TRUSTEE FOR
ASSET BACKED FLINDING CORPORATION. Property Address:
ASSET-BACKED CERTIFICATES. SERIES 2OO5-
HEI. l2 Blackberry Lake,
I
Callicoon. New York 12748
Plaintifl,
RD4 ERTNWNG
-against- 5ui4M A{X Ju Dgil4VrR^/U
MONIQUE DEFOUR JONES, JUSERENE, LLC, DgDfl ol Ra-ree'(o-E
Defendants.
Upon reading and filing the annexed Affrmation of Ryan Sirianni, dated September 27,
2021, and the exhibits annexed thereto; the Affidavil of Benjamin Verdooren, swom to September
3,2021, and the exhibits annexed thereto, and upon all proceedings and pleadings previously had
i)n[ Or"-*.lh-,n( nd . V,*: y, c"eil e*'a w z-rnrt{1 \"1"'it/
hereinr
avQ ro U'ao
a-19-zr,{rUvf ri
fu.,
be .,t 1ida3t4]-/x^
ORDERED. thar thc , interposed by defendants Moniq
DeFour Jones and Juserene, LLC ("Defendan t"),'{?er"by stricken from the record and shall be
treated as a limited Notice of Appearance, and it is further
ORDERED, thar this action be and the same is hereby referred to
l\OqO l,knO,
Esq.,of P.D.boxJDl ,6. FatlaburS ,Newyork 1a111 ,telephone
number 8{5 -544 - 5i ?g as Referee to ascertain and compute the amount due to the plaintiff
'
herein for principal, interest, and other disbursements advanced as provided
for in the note and
mortgage, excluding attomey's fees, upon which this action was brought,
to examine and report
whether or not the mortgaged premises can be sold in parcels, and
that the Referee make his/her
report to the Court with all convenient speed; and it is further
ORDERED, that the referee's computation may be had in any county
of the state of New
York; and it is further
oRDERED, that pursuant to cpLR 8003(a) the sratutory fee of $ '36c.gbha[
be paid
to the Referee for the computation stage and upon the filing ofhis/her
report; and it is further
oRDf,RED, that the Referee is prohibited from accepting or rehrming any funds for
him/herself or paying funds to him,&erself without compliance with part
36 of the Rules of the
Chief Administrative Judge; and it is further
ORDERED, that by accepting this appointment the referee certifies that he/she
is in
compliance with Parr 36 of the Rules of the chief Judge (22 N.y.c.R.R. part
36), incruding, but
not limited to, section 36.2(c) ("Disqualifications from appointment,'), and section
36.2(d)
("Limitations on appointments based upon compensation,'); and it
is further
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70
NYSCEF DOC. NO. 71 03/29/2022
RECEIVED NYSCEF: 04/08/2022
ORDER-ED' that this motion be and the same is hereby granted,
and that praintiff is
awarded summary judgment for the relief demanded in the
complaint, and for such other and
further reliefas this Court may deem just and proper.
ENrER a lrelaa
ulian D. Schreibman, J,S.C.
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Preview
FILED: SULLIVAN COUNTY CLERK 04/08/2022 03:04 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 04/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN THE BANK OF NEW YORK MELLON, F/K/A THE : Index No. 927/2017 BANK OF NEW YORK AS SUCCESSOR TO : JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR : ASSET BACKED FUNDING CORPORATION, : ASSET-BACKED CERTIFICATES, SERIES 2005- : HE1, : : Plaintiff, : : -against- : : MONIQUE DEFOUR JONES, JUSERENE, LLC, et. al., : : JOHN DOE #1” through “JOHN DOE #12,” the last : twelve names being fictitious and unknown to plaintiff, : the persons or parties intended being the tenants, : occupants, persons or corporations, if any, having or : claiming an interest in or lien upon the Subject Property, : described in the Complaint, : : Defendants. : : NOTICE OF ENTRY PLEASE TAKE NOTICE, that within is a true and correct copy of the Order of the Honorable Julian D. Schreibman J.S.C., dated March 29, 2022 and entered March 29, 2022, granting the Motion for Summary Judgment filed by Plaintiff The Bank Of New York Mellon, F/K/A The Bank Of New York As Successor To JPMorgan Chase Bank, N.A. As Trustee For Asset Backed Funding Corporation, Asset-Backed Certificates, Series 2005-HE1, among other relief therein. 1 1 of 5 FILED: SULLIVAN COUNTY CLERK 04/08/2022 03:04 PM INDEX NO. E2017-927 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 04/08/2022 Dated: April 8, 2022 New York, New York Respectfully Submitted, GREENBERG TRAURIG, LLP By: /s/ Leah N. Jacob Leah N. Jacob Patrick G. Broderick One Vanderbilt Avenue New York, New York 10017 Tel: (212) 801-9200 jacobl@gtlaw.com Counsel for plaintiff HSBC Bank USA, National Association, As Trustee For Fremont Home Loan Trust 2006-C, Mortgage-Backed Certificates, Series 2006-C TO: Ronald D. Weiss, PC 734 Walt Whitman Road, Suite 203 Melville, NY 11747 Attorneys for Defendants Monique Defour Jones and Juserene, LLC John Doe No. 1 through John Doe No. 12 112 Blackberry Lake Callicoon, New York 12748 Non-Appearing Defendants 2 2 of 5 03/29/2022 03:04 FILED: SULLIVAN COUNTY CLERK 04/08/2022 11:59 PM AM INDEX NO. E2017-927 70 NYSCEF DOC. NO. 71 03/29/2022 RECEIVED NYSCEF: 04/08/2022 Before the Honorable , J.S.C, of the Supreme Court of the State of New York, held in and for the County of Sullivan, the Courthouse thereof, Courthouse, 414 Broadway, Monticello. New York on the A9 day oi Maral^r ,2011 PRESENT: HONO RABLE Julian D. Schreibman, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN THE BANK OF NEW YORK MELLON, F/K/A THE Irrdex No. F,2017 -927 BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N,A. AS TRUSTEE FOR ASSET BACKED FLINDING CORPORATION. Property Address: ASSET-BACKED CERTIFICATES. SERIES 2OO5- HEI. l2 Blackberry Lake, I Callicoon. New York 12748 Plaintifl, RD4 ERTNWNG -against- 5ui4M A{X Ju Dgil4VrR^/U MONIQUE DEFOUR JONES, JUSERENE, LLC, DgDfl ol Ra-ree'(o-E Defendants. Upon reading and filing the annexed Affrmation of Ryan Sirianni, dated September 27, 2021, and the exhibits annexed thereto; the Affidavil of Benjamin Verdooren, swom to September 3,2021, and the exhibits annexed thereto, and upon all proceedings and pleadings previously had i)n[ Or"-*.lh-,n( nd . V,*: y, c"eil e*'a w z-rnrt{1 \"1"'it/ hereinr avQ ro U'ao a-19-zr,{rUvf ri fu., be .,t 1ida3t4]-/x^ ORDERED. thar thc , interposed by defendants Moniq DeFour Jones and Juserene, LLC ("Defendan t"),'{?er"by stricken from the record and shall be treated as a limited Notice of Appearance, and it is further ORDERED, thar this action be and the same is hereby referred to l\OqO l,knO, Esq.,of P.D.boxJDl ,6. FatlaburS ,Newyork 1a111 ,telephone number 8{5 -544 - 5i ?g as Referee to ascertain and compute the amount due to the plaintiff ' herein for principal, interest, and other disbursements advanced as provided for in the note and mortgage, excluding attomey's fees, upon which this action was brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court with all convenient speed; and it is further ORDERED, that the referee's computation may be had in any county of the state of New York; and it is further oRDERED, that pursuant to cpLR 8003(a) the sratutory fee of $ '36c.gbha[ be paid to the Referee for the computation stage and upon the filing ofhis/her report; and it is further oRDf,RED, that the Referee is prohibited from accepting or rehrming any funds for him/herself or paying funds to him,&erself without compliance with part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, that by accepting this appointment the referee certifies that he/she is in compliance with Parr 36 of the Rules of the chief Judge (22 N.y.c.R.R. part 36), incruding, but not limited to, section 36.2(c) ("Disqualifications from appointment,'), and section 36.2(d) ("Limitations on appointments based upon compensation,'); and it is further 2 2 of 5 4 3 03/29/2022 03:04 FILED: SULLIVAN COUNTY CLERK 04/08/2022 11:59 PM AM INDEX NO. E2017-927 70 NYSCEF DOC. NO. 71 03/29/2022 RECEIVED NYSCEF: 04/08/2022 ORDER-ED' that this motion be and the same is hereby granted, and that praintiff is awarded summary judgment for the relief demanded in the complaint, and for such other and further reliefas this Court may deem just and proper. ENrER a lrelaa ulian D. Schreibman, J,S.C. 3 3 of 5 5 3