Preview
FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WINCHESTER
Wilmington Fund Society,
Savings FSB, not in its
Individual capacity but solely as Certificate
Trustee of Bosco Credit VI Trust Series 2012-1,
Judgment Creditor Index #
-against-
AFFIDAVIT IN SUPPORT OF MOTION
FOR SUMMARY JUDGMENT IN LIEU
Zvi Schiff and Zvi Schiff Enterprises, LTD., COMPLAINT
Judgment Debtors
dt\Î f) ? ÊY t , being first duly sworn, deposes and says:
1. I am the L Î(2 fub of Franklin Credit Management Corporation,
the servicer for the Judgment Creditor in this action. I have personal knowledge of the facts set forth
herein. I submit this affidavit in support of Judgment Creditor's motion, pursuant to CPLR § 3213, for
summary judgment in lieu of complaint.
2. This action is brought to renew a judgement for $126,283.19 rendered July 11, 2007, in favor
of Judgment Creditor and against the Judgment Debtors. A true copy of the Judgment is attached hereto
as Exhibit A.
3. The Judgment was docketed in the office of the County Clerk, County of Westchester on or
about July 11, 2007.
4. There is now due and owing to Judgment Creditor the sum of $126,283.19 together with
interest thereon of $171,426.83 commencing July 1 1, 2007, for a total sum due and owing of $297,710.02
as of July 21, 2023, with Per Diem interest of $6.92 thereafter.
5. The Judgment was transferred to Wilmington Savings Fund Society, FSB, not in its
Individual capacity but solely as Certificate Trustee of Bosco Credit VI Trust Series 2012-1, assigning to
Plaintiff the rights to title and interest in the Judgment. The Assignment of Judgment is being recorded
with the Westchester County Clerk's Office.
6. There is no defense to this action and Judgment Creditor is entitled to summary judgment as a
matter of law.
7. No previous application for the relief requested herein has been made.
NY2022-00237
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FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024
WHEREFORE, plaintiff Judgment Creditor respectfully asks for an order granting summary
judgment in favor of Judgment Creditor and against defendants, in the sum of $297,710.02 as of July 21,
2023, with Per Diem interest of $6.92 thereafter, and the costs and expenses in connection with this
action, and for such other and further relief as the Court may deem just and proper.
Date:
Wilmington Savings
Fund Society, FSB Not In
Its Individual Capacity But Solely As Certificate
Trustee of Bosco Credit VI Trust Series 2012-1,
Plaintiff
By Franklin Credit Management Corporation
Its p óinted Attorney-i -Fact and Servicer
State of NPw 30 (,c
County of
Hs da O n
On the (4 day of Der,onbuin the year of 2023 before me, the undersigned, personally appeared
ChrNina Randowh -s es
r proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed
capacity same in his/her and that by his/her signature on the
instrument, the individual, or person upon behalf of which the individual acted, executed the instrument,
and that suchindividual made such appearance before the undersigned in , NgÉ
Nersty (jh ksey
(Insert the city or other political subdivision and the state or county or other place the acknowledgment was
taken)
Notary Public
inuns,
OTTL
New
...-"" ·"-..
gg N 0
a c . .. NobryPublic"State of New
E * Commission # 50188960
My Comm. Expires Mar.24 2027
P
n #
stuttu
NY2022-00237
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FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024
EXHIBIT A
NY2022-00237
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FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024
(9 14 ) 2 8 S - 1 9 62 p . 2
07 1O: 2 4 a Mc G o v e r n & B mo d i o
u l 13
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
------ --------------------------X Index No. 4422/07
HOME VEST CAP1TAL LLC,.
Plaintift
DEFAULT JUDGMENT
-against-
ZVI SCRIFF,
and ZVI SCH1FF . . - N.
ENTERPRISES, LTD.,
Defendants.
--------.--..-------------------X
The summons and verified complaint in this action were personally serv a ant Zvi
Schiff pursuant to CPLR §308(1) on March 28, 2007 and defendant Zvi Schiff Enterprises, Ltd.
pursuant to BCL §306 on March 21. 2007 and the time for defendants to appear, answer, move or
raise and objection to the complaint in point of law baving expired and an additional copy of the
summons has been mailed to the defendants on May 18,.2007, by first class mail addressed to each
defendant at his/its last known address.
NOW, upon the summons and verified complaint (Exhibit A to the Arnodio Affidavit), and
proof of service of the summons and verified complaint (Exhibit B to the Amodio Affidavit), the
affidavit of Sara Estep, Legal Facilitator of plaintig the proof ofservice of the additional summons,
the affidavit of Michael P. Amodio, sworn to on June 25, 2007, and the motion of McGovern &
Amodio, attorneys for plaintif¶ it is
ADJUDGED: That plaintiff, HOMEVEST CAPITAL LLC, having an o8ce at 6701 Cannel
Road, Suite 401, Charlotte, North Carolina 28266, recover of Zvi Schiff residing at 6 Taft Lane,
Spring Valley, New York 10977 and Zvi SchiffEnterprises Ltd. with an office at 6 Taft Lane, Spring
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FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024
. 289-1982 P,3
ern&F1modio 1914)
07 10:24a McGo
ul 13
Valley, New York 10977 in the armount of$117,807.98 with interest fromNovember 26, 2006 in the
amount of $7,830.21 with costs and disbursements as taxed by the Clerk in the amount of $¶ OO
, amounting to thetotalsomofS 9 ,andthatplaintiffHOMEVEST
. CAPITAL LLC have execution therefore.
JUDGMENT ENTERED THIS DAY OF '2007.
CLERK OF WESTCHESTER COUNT ·
y
2
5 of 5
Preview
FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WINCHESTER Wilmington Fund Society, Savings FSB, not in its Individual capacity but solely as Certificate Trustee of Bosco Credit VI Trust Series 2012-1, Judgment Creditor Index # -against- AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT IN LIEU Zvi Schiff and Zvi Schiff Enterprises, LTD., COMPLAINT Judgment Debtors dt\Î f) ? ÊY t , being first duly sworn, deposes and says: 1. I am the L Î(2 fub of Franklin Credit Management Corporation, the servicer for the Judgment Creditor in this action. I have personal knowledge of the facts set forth herein. I submit this affidavit in support of Judgment Creditor's motion, pursuant to CPLR § 3213, for summary judgment in lieu of complaint. 2. This action is brought to renew a judgement for $126,283.19 rendered July 11, 2007, in favor of Judgment Creditor and against the Judgment Debtors. A true copy of the Judgment is attached hereto as Exhibit A. 3. The Judgment was docketed in the office of the County Clerk, County of Westchester on or about July 11, 2007. 4. There is now due and owing to Judgment Creditor the sum of $126,283.19 together with interest thereon of $171,426.83 commencing July 1 1, 2007, for a total sum due and owing of $297,710.02 as of July 21, 2023, with Per Diem interest of $6.92 thereafter. 5. The Judgment was transferred to Wilmington Savings Fund Society, FSB, not in its Individual capacity but solely as Certificate Trustee of Bosco Credit VI Trust Series 2012-1, assigning to Plaintiff the rights to title and interest in the Judgment. The Assignment of Judgment is being recorded with the Westchester County Clerk's Office. 6. There is no defense to this action and Judgment Creditor is entitled to summary judgment as a matter of law. 7. No previous application for the relief requested herein has been made. NY2022-00237 1 of 5 FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024 WHEREFORE, plaintiff Judgment Creditor respectfully asks for an order granting summary judgment in favor of Judgment Creditor and against defendants, in the sum of $297,710.02 as of July 21, 2023, with Per Diem interest of $6.92 thereafter, and the costs and expenses in connection with this action, and for such other and further relief as the Court may deem just and proper. Date: Wilmington Savings Fund Society, FSB Not In Its Individual Capacity But Solely As Certificate Trustee of Bosco Credit VI Trust Series 2012-1, Plaintiff By Franklin Credit Management Corporation Its p óinted Attorney-i -Fact and Servicer State of NPw 30 (,c County of Hs da O n On the (4 day of Der,onbuin the year of 2023 before me, the undersigned, personally appeared ChrNina Randowh -s es r proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed capacity same in his/her and that by his/her signature on the instrument, the individual, or person upon behalf of which the individual acted, executed the instrument, and that suchindividual made such appearance before the undersigned in , NgÉ Nersty (jh ksey (Insert the city or other political subdivision and the state or county or other place the acknowledgment was taken) Notary Public inuns, OTTL New ...-"" ·"-.. gg N 0 a c . .. NobryPublic"State of New E * Commission # 50188960 My Comm. Expires Mar.24 2027 P n # stuttu NY2022-00237 2 of 5 FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024 EXHIBIT A NY2022-00237 3 of 5 FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024 (9 14 ) 2 8 S - 1 9 62 p . 2 07 1O: 2 4 a Mc G o v e r n & B mo d i o u l 13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ------ --------------------------X Index No. 4422/07 HOME VEST CAP1TAL LLC,. Plaintift DEFAULT JUDGMENT -against- ZVI SCRIFF, and ZVI SCH1FF . . - N. ENTERPRISES, LTD., Defendants. --------.--..-------------------X The summons and verified complaint in this action were personally serv a ant Zvi Schiff pursuant to CPLR §308(1) on March 28, 2007 and defendant Zvi Schiff Enterprises, Ltd. pursuant to BCL §306 on March 21. 2007 and the time for defendants to appear, answer, move or raise and objection to the complaint in point of law baving expired and an additional copy of the summons has been mailed to the defendants on May 18,.2007, by first class mail addressed to each defendant at his/its last known address. NOW, upon the summons and verified complaint (Exhibit A to the Arnodio Affidavit), and proof of service of the summons and verified complaint (Exhibit B to the Amodio Affidavit), the affidavit of Sara Estep, Legal Facilitator of plaintig the proof ofservice of the additional summons, the affidavit of Michael P. Amodio, sworn to on June 25, 2007, and the motion of McGovern & Amodio, attorneys for plaintif¶ it is ADJUDGED: That plaintiff, HOMEVEST CAPITAL LLC, having an o8ce at 6701 Cannel Road, Suite 401, Charlotte, North Carolina 28266, recover of Zvi Schiff residing at 6 Taft Lane, Spring Valley, New York 10977 and Zvi SchiffEnterprises Ltd. with an office at 6 Taft Lane, Spring 4 of 5 FILED: WESTCHESTER COUNTY CLERK 02/28/2024 09:56 AM INDEX NO. 57733/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/28/2024 . 289-1982 P,3 ern&F1modio 1914) 07 10:24a McGo ul 13 Valley, New York 10977 in the armount of$117,807.98 with interest fromNovember 26, 2006 in the amount of $7,830.21 with costs and disbursements as taxed by the Clerk in the amount of $¶ OO , amounting to thetotalsomofS 9 ,andthatplaintiffHOMEVEST . CAPITAL LLC have execution therefore. JUDGMENT ENTERED THIS DAY OF '2007. CLERK OF WESTCHESTER COUNT · y 2 5 of 5