On April 10, 2019 a
NOTICE OF MOTION
was filed
involving a dispute between
Phh Mortgage Corporation,
and
Alphonso Cino,
Asset Acceptance Llc A P O Wfnnb Peebles,
Asset Acceptance Llc
A P O Wfnnb Peebles,
Bank Of America N.A. S B M Fleet National Bank,
Bank Of America N.A.
S B M Fleet National Bank,
Cavalry Portfolio Services Llc As Assignee Of Cavalry Spv I, Llc, As Assignee Of Hilco Receivables, Llc, As Assignee Of Bank Of America,
Cavalry Portfolio Services Llc
As Assignee Of Cavalry Spv I, Llc, As Assignee Of Hilco Receivables, Llc, As Assignee Of Bank Of America,
Discover Bank,
First Resolution Investment Corp,
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,
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,
Lhr Inc,
Lvnv Funding Llc,
Tribeca Asset Management Llc,
U.S. Equities Corporation,
for Commercial - Other (Other)
in the District Court of Columbia County.
Preview
FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/17/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
PHH MORTGAGE CORPORATION,
Index No. E012019014263
Plaintiff,
-against-
NOTICE OF MOTION
ALPHONSO CINO, BANK OF AMERICA, N.A. S/B/M TO CANCEL NOTICE
FLEET NATIONAL BANK; CAVALRY PORTFOLIO OF PENDENCY
SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, PURSUANT TO CPLR
LLC, AS ASSIGNEE OF HILCO RECEIVABLES, LLC, AS 6514 (a) AND
DISCONTINUE
ASSIGNEE OF BANK OF AMERICA; ASSET
ACTION
ACCEPTANCE, LLC A/P/O WFNNB/PEEBLES; U.S.
EQUITIES CORPORATION; FIRST RESOLUTION
INVESTMENT CORP.; LHR, INC.; DISCOVER BANK;
TRIBECA ASSET MANAGEMENT, LLC; LVNV
FUNDING LLC;
“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.
PLEASE TAKE NOTICE, that upon the annexed Affirmation of Chantee Nelson of
Duane Morris LLP, dated June 16, 2021, and all prior pleadings and proceedings herein, the
Plaintiff, PHH Mortgage Corporation (“Plaintiff”), will move this Court for a motion pursuant to
CPLR § 6514 (a), through its undersigned attorneys, at an IAS Part thereof, to be held at the
Columbia County Supreme Court, 401 Union Street, Hudson, NY 12534, on the 15th day of July
2021, or soon thereafter as counsel can be heard, for an Order cancelling the Notice of Pendency
pursuant to CPLR § 6514 (a) and discontinuing the action without prejudice, and for such other
and further relief as to this court may seem just, proper and equitable.
DM1\12157773.1
1 of 2
FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/17/2021
PLEASE TAKE FURTHER NOTICE THAT, pursuant to § 2214(b) of the CPLR,
answering affidavits, if any, are required to be served upon the undersigned at least seven (7)
days prior to the return date of this motion.
Dated: June 16, 2021 DUANE MORRIS LLP
By: __/s/ Chantee Nelson______________
Brett Messinger
Chantee Nelson
1540 Broadway
New York, NY 10036-4086
Telephone: 212-471-1836
Fax: +1 212-202-7503
E-mail: cnelson@duanemorris.com
Attorneys for Plaintiff,
PHH Mortgage Corporation
2
DM1\12157773.1
2 of 2
Document Filed Date
June 17, 2021
Case Filing Date
April 10, 2019
Category
Commercial - Other (Other)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/17/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA PHH MORTGAGE CORPORATION, Index No. E012019014263 Plaintiff, -against- NOTICE OF MOTION ALPHONSO CINO, BANK OF AMERICA, N.A. S/B/M TO CANCEL NOTICE FLEET NATIONAL BANK; CAVALRY PORTFOLIO OF PENDENCY SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, PURSUANT TO CPLR LLC, AS ASSIGNEE OF HILCO RECEIVABLES, LLC, AS 6514 (a) AND DISCONTINUE ASSIGNEE OF BANK OF AMERICA; ASSET ACTION ACCEPTANCE, LLC A/P/O WFNNB/PEEBLES; U.S. EQUITIES CORPORATION; FIRST RESOLUTION INVESTMENT CORP.; LHR, INC.; DISCOVER BANK; TRIBECA ASSET MANAGEMENT, LLC; LVNV FUNDING LLC; “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. PLEASE TAKE NOTICE, that upon the annexed Affirmation of Chantee Nelson of Duane Morris LLP, dated June 16, 2021, and all prior pleadings and proceedings herein, the Plaintiff, PHH Mortgage Corporation (“Plaintiff”), will move this Court for a motion pursuant to CPLR § 6514 (a), through its undersigned attorneys, at an IAS Part thereof, to be held at the Columbia County Supreme Court, 401 Union Street, Hudson, NY 12534, on the 15th day of July 2021, or soon thereafter as counsel can be heard, for an Order cancelling the Notice of Pendency pursuant to CPLR § 6514 (a) and discontinuing the action without prejudice, and for such other and further relief as to this court may seem just, proper and equitable. DM1\12157773.1 1 of 2 FILED: COLUMBIA COUNTY CLERK 06/17/2021 02:52 PM INDEX NO. E012019014263 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/17/2021 PLEASE TAKE FURTHER NOTICE THAT, pursuant to § 2214(b) of the CPLR, answering affidavits, if any, are required to be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: June 16, 2021 DUANE MORRIS LLP By: __/s/ Chantee Nelson______________ Brett Messinger Chantee Nelson 1540 Broadway New York, NY 10036-4086 Telephone: 212-471-1836 Fax: +1 212-202-7503 E-mail: cnelson@duanemorris.com Attorneys for Plaintiff, PHH Mortgage Corporation 2 DM1\12157773.1 2 of 2