On January 07, 2020 a
Motion-Secondary
was filed
involving a dispute between
Elmira Savings Bank,
and
George W Coolbaugh Jr,
Zac A Dildine,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Chemung County.
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At a Term of Supreme Court of the State of New
York held in and for the County of Chemung at the
Chemung County Courthouse, Elmira, New York, on
the day of , 2023
PRESENT: Hon.
Justice of Supreme Court
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHEMUNG ORDER GRANTING
SUPPLEMENTAL SUMMONS
AND AMENDED COMPLAINT
Elmira Savings Bank,
Index No.: 2019-1590
Plaintiff
Mortgaged Premises:
435 West Clinton Street
Elmira, NY 14901
Tax Parcel: 89.18-4-5
City of Elmira
Zac A. Dildine County of Chemung
George W. Coolbaugh, Jr.
and "John Doe", said name being fictitious
and intended to include any and all parties
having an interest in the mortgaged premises
and not otherwise identified above,
Defendants.
ON the Summons and Complaint and Notice of Pendency ofthis action filed in the office of
the Clerk of the County of Chemung on January 7, 2020, and on Notice of Motion and Affirmation
dated October f,- , 2023, of Esther. S Gabriel, Esq., of Harris Beach, PLLC, attorneys for the
plaintiff and upon any exhibits attached thereto; and on all the pleadings, papers and proceedings
heretofore had herein; and the Plaintiff's motion having come on to be heard before this Court; and
due deliberation having been had on all the issues and matters raised therein; it is hereby
ORDERED, that the Plaintiff's motion is granted in all respects; and it is further
HARRIS BEACH d
ATTORNEYS
ATLAW
3 102I 7\4862-8782-9603\ v1
ORDERED, that pursuant to CPLR §§305(a), 3025(b), the Plaintiff is permitted to file a
Supplemental Summons and Amended Complaint naming and adding Crown Asset Management,
LLC and Discover Bank, as necessary party defendants herein, and then effectuate service of the
Supplemental Summons and Amended Complaint upon the same, and the caption ofthis action shall
be so amended in all further proceedings herein; and it is further
ORDERED, that Community Bank, N.A. s/b/m to Elmira Savings Bank is substituted as
Plaintiff and the caption be amended to reflect such substitution; and it is further
ORDERED, that the caption shall be amended to read as follows:
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHEMUNG
Community Bank, N.A. s/b/m Elmira Savings Bank Index No. 2019-1590
Plaintiff
v.
Zac A. Dildine
George W. Coolbaugh, Jr.
Crown Asset Management, LLC
Discover Bank
Defendants.
and it is further;
2
HARRIS BEACH
ATTORNEYS
ATLAW
ORDERED, that the Plaintiff has demonstrated good cause pursuant to CPLR §306-b and, as
such the Plaintiff is hereby granted leave to serve the Supplemental Summons and Amended
Complaint together with a copy of this Order upon all defendants by regular mail except, that service
of the Supplemental Summons and Amended Complaint upon Crown Asset Management, LLC and
Discover Bank, shall be made pursuant to Article 3 of the CPLR, and the time to effect service is
extended for a period of 120 days after the filing of the Supplemental Summons and Amended
Complaint herein; and it is further
ORDERED, that Plaintiff is authorized to file an Amended Notice of Pendency.
Dated: , 2023
Hon. ,J.S.C.
GRANTED:
3
HARRIS BEACH
ATTORNEYS
ATLAW
Document Filed Date
October 12, 2023
Case Filing Date
January 07, 2020
Category
Real Property - Mortgage Foreclosure - Residential
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At a Term of Supreme Court of the State of New York held in and for the County of Chemung at the Chemung County Courthouse, Elmira, New York, on the day of , 2023 PRESENT: Hon. Justice of Supreme Court STATE OF NEW YORK SUPREME COURT COUNTY OF CHEMUNG ORDER GRANTING SUPPLEMENTAL SUMMONS AND AMENDED COMPLAINT Elmira Savings Bank, Index No.: 2019-1590 Plaintiff Mortgaged Premises: 435 West Clinton Street Elmira, NY 14901 Tax Parcel: 89.18-4-5 City of Elmira Zac A. Dildine County of Chemung George W. Coolbaugh, Jr. and "John Doe", said name being fictitious and intended to include any and all parties having an interest in the mortgaged premises and not otherwise identified above, Defendants. ON the Summons and Complaint and Notice of Pendency ofthis action filed in the office of the Clerk of the County of Chemung on January 7, 2020, and on Notice of Motion and Affirmation dated October f,- , 2023, of Esther. S Gabriel, Esq., of Harris Beach, PLLC, attorneys for the plaintiff and upon any exhibits attached thereto; and on all the pleadings, papers and proceedings heretofore had herein; and the Plaintiff's motion having come on to be heard before this Court; and due deliberation having been had on all the issues and matters raised therein; it is hereby ORDERED, that the Plaintiff's motion is granted in all respects; and it is further HARRIS BEACH d ATTORNEYS ATLAW 3 102I 7\4862-8782-9603\ v1 ORDERED, that pursuant to CPLR §§305(a), 3025(b), the Plaintiff is permitted to file a Supplemental Summons and Amended Complaint naming and adding Crown Asset Management, LLC and Discover Bank, as necessary party defendants herein, and then effectuate service of the Supplemental Summons and Amended Complaint upon the same, and the caption ofthis action shall be so amended in all further proceedings herein; and it is further ORDERED, that Community Bank, N.A. s/b/m to Elmira Savings Bank is substituted as Plaintiff and the caption be amended to reflect such substitution; and it is further ORDERED, that the caption shall be amended to read as follows: STATE OF NEW YORK SUPREME COURT COUNTY OF CHEMUNG Community Bank, N.A. s/b/m Elmira Savings Bank Index No. 2019-1590 Plaintiff v. Zac A. Dildine George W. Coolbaugh, Jr. Crown Asset Management, LLC Discover Bank Defendants. and it is further; 2 HARRIS BEACH ATTORNEYS ATLAW ORDERED, that the Plaintiff has demonstrated good cause pursuant to CPLR §306-b and, as such the Plaintiff is hereby granted leave to serve the Supplemental Summons and Amended Complaint together with a copy of this Order upon all defendants by regular mail except, that service of the Supplemental Summons and Amended Complaint upon Crown Asset Management, LLC and Discover Bank, shall be made pursuant to Article 3 of the CPLR, and the time to effect service is extended for a period of 120 days after the filing of the Supplemental Summons and Amended Complaint herein; and it is further ORDERED, that Plaintiff is authorized to file an Amended Notice of Pendency. Dated: , 2023 Hon. ,J.S.C. GRANTED: 3 HARRIS BEACH ATTORNEYS ATLAW