Preview
INDEX NO. 610162/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024
SUPREME COURT: STATE OF NEW YORK
OUNTY OF
OF NASSAU
PRESENT:
HON. JEFFREY A. GOODSTEIN,
A.J.8.C.
PART 31
EMIGRANT BANK, SUCCESSOR BY MERGER WITH
EMIGRANT SAVINGS BANK-LONG ISLAND, Index No. 610162/2023
Plaintife£,
Sequence No. :2 oo2
- against -
DECISION & ORDER
SEYMOUR COHEN, THE BOARD OF DIRECTORS
OF BROADHOLLOW HOMEOWNERS ASS LATION,
Er AL.,
Defendant (s) .
The wd Ss were tread on this motion:
te. otion AE davit and Af Fin
firm ation in Support and Exhibits
N of Motlon,
A idav of Dilic e, and Exh: Ss
Ey atvb Leen
oF a te fox eg papers, Savings Bank’s
ra an for
on Or extene g nb ‘st @ to personally serve
SsSi ar yRour c & mn endant’) pursuant ko
Lo CPLR §306-b, vd {2 2) directing
er a}
ternative service on Defe t pursuant to CBLR § 3c8(5), e ( Ba}
sese on ye e ndant 3S3 cou axw h gel
set ce per service on Defer fant is
Or ey lee snd
and counsel re ng ative inn Bp. OCE agg an
v pu dod On
On, termined as 8 forth
Defendant's behalf, or {b)
hi
On Aug 27, 2016, Def ant executed a be and Mortgage in thhe
exty Loc Ey ns Drive
amount of $2,100,606, sec re: d by real op ex Loc. ec ai Evans
in Looky. 2 New York. The Note and Mortgage were rear o
»PL S predecessor interes esat,
3 & igrant Savings Bank of Li
@ neX€ ryre
Island, and became the holder of th Note fol ing the
Defendant au t ed on th
def aut terms
ter of the Note and Mortgag y f aili ag to
owing on Sept r4 q, 200i?
make the pay due @
si B £4 stior
actior fore on the mortgage on July 19,
fi led @ 1 bo
Ce y ndex
2018 Ry grant Sav SsS ohex a Ro
1 of 3
(FILED: NASSAU COUNTY CLERK 0470272024 11:20 AM INDEX NO. 610162/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024
:
609593/201 fte tion prac cee, inelu
clu a ing a a s th part
ior ad a sis pul ° Th é cor
OF mun at on oor Janua: y oy 202
Plai nne ££ th a com enced ta nstar t ac ion by f ag the Sur Or
Comp the co hark yo
eo erk’s OF Se on June 27, 2
wa able to eff s. ervi 2 on August 25, 2023, by pers ally serv, co an
galatoii vans D. ive who ident ied herself a s D fenda nts
nt 8 wi &,
a ddition
a person of g8 e age an a discretion in a copy of the
s mons and Complaint was dled to Defer ow ng t Ss ser
he
De appe 2k n the ac via an Answer at Ww as loaded Q
@ we o yet ent 25, a3 dan
ew York o on October De
as rt aS his Four Affi amativ e a e he was roperly
8 ex 3 wi th
ch a plead ngs and that er efore the Court fh no
a 19 ON
AS a esult of 3 sertion, aintiff renewed Ox to
pe cs
rs séSe defendan ce ainsi second cess rver set
et
gery. ce However, thes ef ort e mace unavadl ng. Plaintiff
s 8 that Def endant repeatedly ses
refu Ses to swer t door ¢ his
pr s es tr proce server te ed xvice on DDe adant on
pce, 53
se eren Oc ons be WEED d 2023 and Octo: 5 2023
ririm th £L attempt to rve De idant , Sess
CASS s rv Yr wa as
by the po 2, whe threatened him w h arrest returned to the a ea
Flaintiff now seeks to have this Court
<
Cour t extend lts ti to per. ly
dant and to
toa s vi ex on or on
Be ne
mc at arn
atto has not £ led y Opps
th first ins nce, Cou not that Defendant is, at
very east, aware of th 8 & in tha he has led an Ar we
xe€ 1 cP. R 25
320, OWeVer, ine: Defendan has assert 2d ex sonal
per
no
ayy Gs ve
juriseed ebion as sS ar defense, he nas ent red ted
ap) va
va nee this act ion
act (CPLR § 320 [bd] }y. Plal iff hi Ags pr 2d no
evi ace tot court to sugge th
thy at ndant‘s cow 8 el is author Ze
to 300)
ace pt service of process as late darn t Ss ao uy and this may
Ob ake pre ptt o mn he an tore has entered d
ne LO cor on over al nh atAo.
Yone pl
PL shown at Defendant as repeated
ey de: service bro
pro cess. une ihe e co¢ tances, ar ext 28
2 of 3
INDEX NO. 610162/2023
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024
ea e £o 5x in to ef e ser e WAXY 3 The
hat m stated in ie ts 0. paper 8S$ hat i L20-day window to
fe a pi on wast
se axod 3 27, 2623 iff's
adaN of th
t di atte, ad Plaint DULG be hel daa harm Ss
ss for the
Cou His & nQR re go
go iving t motion. Accordi gly, Plain. ££
tete 8 ery defe Ty a. t is ex nded, mune pro bunc, om October 27 2023 tc
ry of this
80 ai a ys £t the ate of Order Plaint Ef s aise
< 5 ation eo g hn }
dir OX jant via pobl gOu an, Lo cP 8$é 20 g{5)
30
and
Accord, dy, is hereby
ORDERED, that Plair ‘s request to © e se
ve
ndan i s GRANTED; 86
ORDERED, el at
must ve the Defendant w go days
of this Lon
Decl ssion cedex; and it is £
DERED, that the Lff" 5s request to serve the Defendant by
fA ie.cat on
on is GRANTED. Pub. ication be two {2} newspapers, at
least one of which shall in hyAs lish lang to wit Newsday and
oy. Ba yl¥ Herald, 2 Endo Bived, Garden cys 30, publi hed
4
dbut of ssau and State New
an & ibut ed in the County Ne Ssau, York,
ely tete od
g ve
gi not too the
th defendant, oO Ce aw k for four (4)
con ve
vé w 8
eo
con ta te.
gdite on ex Court
Aat M neola, New Yorx
26, 4a
ENTER:
HONS EP RRE! A. GOODSTEIN, A.J.S.C.
ENTERED
Apr 02 2024
NASSAU COUNTY
COUNTY CLERK'S OFFICE
3 of 3
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INDEX NO. 610162/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024 SUPREME COURT: STATE OF NEW YORK OUNTY OF OF NASSAU PRESENT: HON. JEFFREY A. GOODSTEIN, A.J.8.C. PART 31 EMIGRANT BANK, SUCCESSOR BY MERGER WITH EMIGRANT SAVINGS BANK-LONG ISLAND, Index No. 610162/2023 Plaintife£, Sequence No. :2 oo2 - against - DECISION & ORDER SEYMOUR COHEN, THE BOARD OF DIRECTORS OF BROADHOLLOW HOMEOWNERS ASS LATION, Er AL., Defendant (s) . The wd Ss were tread on this motion: te. otion AE davit and Af Fin firm ation in Support and Exhibits N of Motlon, A idav of Dilic e, and Exh: Ss Ey atvb Leen oF a te fox eg papers, Savings Bank’s ra an for on Or extene g nb ‘st @ to personally serve SsSi ar yRour c & mn endant’) pursuant ko Lo CPLR §306-b, vd {2 2) directing er a} ternative service on Defe t pursuant to CBLR § 3c8(5), e ( Ba} sese on ye e ndant 3S3 cou axw h gel set ce per service on Defer fant is Or ey lee snd and counsel re ng ative inn Bp. OCE agg an v pu dod On On, termined as 8 forth Defendant's behalf, or {b) hi On Aug 27, 2016, Def ant executed a be and Mortgage in thhe exty Loc Ey ns Drive amount of $2,100,606, sec re: d by real op ex Loc. ec ai Evans in Looky. 2 New York. The Note and Mortgage were rear o »PL S predecessor interes esat, 3 & igrant Savings Bank of Li @ neX€ ryre Island, and became the holder of th Note fol ing the Defendant au t ed on th def aut terms ter of the Note and Mortgag y f aili ag to owing on Sept r4 q, 200i? make the pay due @ si B £4 stior actior fore on the mortgage on July 19, fi led @ 1 bo Ce y ndex 2018 Ry grant Sav SsS ohex a Ro 1 of 3 (FILED: NASSAU COUNTY CLERK 0470272024 11:20 AM INDEX NO. 610162/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024 : 609593/201 fte tion prac cee, inelu clu a ing a a s th part ior ad a sis pul ° Th é cor OF mun at on oor Janua: y oy 202 Plai nne ££ th a com enced ta nstar t ac ion by f ag the Sur Or Comp the co hark yo eo erk’s OF Se on June 27, 2 wa able to eff s. ervi 2 on August 25, 2023, by pers ally serv, co an galatoii vans D. ive who ident ied herself a s D fenda nts nt 8 wi &, a ddition a person of g8 e age an a discretion in a copy of the s mons and Complaint was dled to Defer ow ng t Ss ser he De appe 2k n the ac via an Answer at Ww as loaded Q @ we o yet ent 25, a3 dan ew York o on October De as rt aS his Four Affi amativ e a e he was roperly 8 ex 3 wi th ch a plead ngs and that er efore the Court fh no a 19 ON AS a esult of 3 sertion, aintiff renewed Ox to pe cs rs séSe defendan ce ainsi second cess rver set et gery. ce However, thes ef ort e mace unavadl ng. Plaintiff s 8 that Def endant repeatedly ses refu Ses to swer t door ¢ his pr s es tr proce server te ed xvice on DDe adant on pce, 53 se eren Oc ons be WEED d 2023 and Octo: 5 2023 ririm th £L attempt to rve De idant , Sess CASS s rv Yr wa as by the po 2, whe threatened him w h arrest returned to the a ea Flaintiff now seeks to have this Court < Cour t extend lts ti to per. ly dant and to toa s vi ex on or on Be ne mc at arn atto has not £ led y Opps th first ins nce, Cou not that Defendant is, at very east, aware of th 8 & in tha he has led an Ar we xe€ 1 cP. R 25 320, OWeVer, ine: Defendan has assert 2d ex sonal per no ayy Gs ve juriseed ebion as sS ar defense, he nas ent red ted ap) va va nee this act ion act (CPLR § 320 [bd] }y. Plal iff hi Ags pr 2d no evi ace tot court to sugge th thy at ndant‘s cow 8 el is author Ze to 300) ace pt service of process as late darn t Ss ao uy and this may Ob ake pre ptt o mn he an tore has entered d ne LO cor on over al nh atAo. Yone pl PL shown at Defendant as repeated ey de: service bro pro cess. une ihe e co¢ tances, ar ext 28 2 of 3 INDEX NO. 610162/2023 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/02/2024 ea e £o 5x in to ef e ser e WAXY 3 The hat m stated in ie ts 0. paper 8S$ hat i L20-day window to fe a pi on wast se axod 3 27, 2623 iff's adaN of th t di atte, ad Plaint DULG be hel daa harm Ss ss for the Cou His & nQR re go go iving t motion. Accordi gly, Plain. ££ tete 8 ery defe Ty a. t is ex nded, mune pro bunc, om October 27 2023 tc ry of this 80 ai a ys £t the ate of Order Plaint Ef s aise < 5 ation eo g hn } dir OX jant via pobl gOu an, Lo cP 8$é 20 g{5) 30 and Accord, dy, is hereby ORDERED, that Plair ‘s request to © e se ve ndan i s GRANTED; 86 ORDERED, el at must ve the Defendant w go days of this Lon Decl ssion cedex; and it is £ DERED, that the Lff" 5s request to serve the Defendant by fA ie.cat on on is GRANTED. Pub. ication be two {2} newspapers, at least one of which shall in hyAs lish lang to wit Newsday and oy. Ba yl¥ Herald, 2 Endo Bived, Garden cys 30, publi hed 4 dbut of ssau and State New an & ibut ed in the County Ne Ssau, York, ely tete od g ve gi not too the th defendant, oO Ce aw k for four (4) con ve vé w 8 eo con ta te. gdite on ex Court Aat M neola, New Yorx 26, 4a ENTER: HONS EP RRE! A. GOODSTEIN, A.J.S.C. ENTERED Apr 02 2024 NASSAU COUNTY COUNTY CLERK'S OFFICE 3 of 3