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NYSCE Bo NO 43 REGEMEP NGREEE | 0 918 948924
At COMM Part 6 of the Supreme Court of
the State of New York; held in-and for-the
County of Kings, at the Courthouse located at
360 Adams Street, Brookly; ew York, on.
the day of >
2024.
PRESENT:
HON. LAWRENCE KNIPEL, J.
donee mae a----
EITAN ZVIELY, Index No. 528469/2022
Plaintiff; ORDER RESETTLING
JUDGMENT OF
-against- FORECLOSURE.AND SALE
DATED JULY 13, 2023
THE BROOKLYN STANDARD IX LLC, ROBERT
CADOCH, CITY OF NEW YORK Foreclosure of:
ENVIRONMENTAL. CONTROL BOARD, NEW
YORK CITY DEPARTMENT OF FINANCE, NEW 26 St. Felix Street
YORK STATE DEPARTMENT OF TAXATION & Brooklyn, New York 11217
FINANCE, “John Doe tenant or occupant [name (Block: 2096, Lot: 42)
refused] and “John Doe. tenant or occupant of
basement {riame refused)”,
Defendants.
penne ne semen eee te nite,
ORDERED; that the annexed Judgment of Foreclosure and Sale (“Judgment’)-of the
Honorable, Lawrence Knipel dated hily 13, 2023, and entered in the Office of the Kings:County
Clerk on August 7, 2023, is hereby resettled.
ORDERED, that-a copy of this Order with Notice of Entry shall be served upon the owner
of the equity of redemption, any tenants named in this action and ‘any other party entitled to notice
within twenty (20) days of-entry.
DATED: S 1,0 [2D
ENTER:
HON. LAWRENCE KNIPEL, JSC.
HON. LAWREN
ADMINISTRATICE KNIPEL
VE JUDGE
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At COMM Part 6 of the Supreme Court of
the. State of New York, held in and for the
County of Kings, at-the- Courthouse located
at 360 Adams Street, Brooklyn, New York,
on the. | day of TAG »
2023.
PRESENT:
Hi LAWRENCE. PEL, J.
ane =:
EITAN ZVIELY, Index No, 528469/2022
Plaintiff,
JUDGMENT OF FORECLOSURE
~against- AND SALE
THE BROOKLYN STANDARD IX LLC, Foreclosure
of:
ROBERT CADOCH, CITY OF NEW YORK
ENVIRONMENTAL CONTROL BOARD, NEW 26 St. Felix Street
YORK CITY DEPARTMENT OF FINANCE, Brooklyn, New York {1217
NEW YORK STATE SPARTMENT OF (Block: 2096, Lot: 42)
TAXATION & FINANCE, “John Doe tenant or
occupant [name refused)” and “John Doe tenant or
occupant of basement [name refused}”,
Defendants.
eneeneetenennn
en x
On the Summons (the “Summans”), Verified Complaint in a Foreclosure Action (the
“Complaint”) and Notice of Pendency (the “NOP") duly filed in this action on September 30.
22; dir the Order'of Reference (the °Order") dated Apri! 24, 2023 and entered in the Office of
2022;
the Kings County Clerk (the "Clerk's Office”) on April. 7, 2023; and upon all prior pleadings.
papers und proceedings had heretofore, and on reading and filing the Affirmation of Michael J.
Bonneville, E: counsel for EITAN ZVIELY (the “Plaintiff), dated May $, 2023, from which
it appears that each of the defendants herein have been duly served with the Surmmons,
Complaint, and NOP in ‘this action, and stating that more than the. legally required number of
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days had clapsed since ‘the defendants were so served and/or appeared: and that none af the
defendants: had served. any answer to. the Complaint, nor had their time to. do so been extended;
éxcept defendants The Brooklyn Standard LX LLC and Robert.Cadoch, by and through: their
attorneys Goldberg Weprin Finkel Goldstein LLP, in response to the Complaint op March 29,
2023, interposed a late Answer to Verified Complaint with Counterclaims. The. Late Answer was
rejected pursuant to that certain Notice of Rejection filed on March 29, 2023, whereby. the Late
Answer was-rejected, as the: Borrower's and Guarantor’s time to answer, moved or appear with
respect to the Complaint expired; and that the Complaint herein and NOP containing all the
particulars required to be stated therein was duly: filed in:the Office of the. Clerk of the County of
Kings on September 30, 2022, and has nat been amended to add new parties orto embrace real
property..not described in the original Complaint, or some. part thereof, and a Referee: having
been duly appointed to compute the amount due to the Plaintiff upon that: (i). Mortgage,
Assignment of Leases und Rents and Security Agreement (the “2016 Mortgage”), dated June. 28,
2016 inthe principal amount of $850,000.00, securing that certain Secured Promissory Note (the
"2016 Note”), dated, June 28, 2016,.to secure an indebtedness in the principal amount of
§850.000.00: (ii) Mortgage, Assignment of Leases and Rents and Security Agreement (the “2018
Mortgage”), dated January 23, 2018 in the principal amount of $150,000.00, securing that.cenain
s
Seeured Proniissory Note (the "2018 Note"), dated January 23, 2018..to. secure an indebtednes
and
in the principal amount of $ 150,000.00; and (iii) Mortgage, Assignment of Leases and Rents
Agreement (the “2019 Mortguge”, together with the 2016 Morigage and 2018
Security
Mortgage, collectively, the “Mortgages”), dated December 16, 2019 in the principal amount of
together-with the
$600,000.00, securing that certain Secured Promissory Note (the “2019. Note”,
, the
2016 Note.and the 2018 Note, collectively, the “Notes” and together with the Mortgages
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“Loan Documents”), dated December 16, 2019, to secure an indebtedness in the principal
amount of $600,000.00, as ‘set forth in the Complaint and 10 cxamine and report: whether the
moitgaged premises commonly known as: 26 Sf, Felix Street, Brooklyn, New: York 11217
(Block: 2096, Lot: 42) (the*Property”) should be sold in one or more parcels;
AND, on reading the Referee’s Oath and the Referce’s Report of Amount Due swarnto
and dated May 2, 2023 (collectively, the “Report”) of Philip L. Kamaras, Fsq., the Referee
named in the Order, which Report was duly filed in this-action on May: » 2023 and is
exhibited (o Plaintiff's application for, inter alia, a consolidated Judgment of Foreclosure. and
Sale (the “Motion”), it appears that there is duc to Plaintiff for principal, interest on principal,
protective advances, itterest on protective. advances, late charges and other charges, if any the
aggregate suny of $3,205,072.74 as of April-26, 2023 and that the Property should.be sold in one
parcel, and itis
NOW, upon proofof due notice of this application upon all parties wha had not waived.
f of the Order as provided therein.
of service
the'same, and upon proo
ON MOTION, of Kriss and Feuerstein LLP, altorneys for Plaintiff, it is
ORDERED, that Plaintiff's motion for a judgment of forcclosure and sale. is granted ip
ils entirety without opposition; and itis further
ORDERED, ADJUDGED AND DECREED, that the Report of Philip L. Kamuaras,
Esq,. as referee swom to and dated an May 2, 2023 and filed with the Clerk’s Office an May. 3.
it is
2023, be. and the same is hereby. to the extent provided herein, ratified and confirmed: and
further
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ORDERED, ADJUDGED AND. DECREED, that the Mortgages which are the subject
of this foreclosure action.and as. described in the Complaint, are hereby consol ed so Plaintiff
be awarded the aggregate sum as determined and set forth in the Report; and it is further
ORDERED, ADJUDGED AND. DECREED, that the above-described Property and the
personal propeity secking therein, if any. as described in the Complaint or such part thereof as
may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of this
action as provided by the Real Property Actions-and Procecdings Law be sold in one parcel by
the Referee, at public auction at the KIN INTY SUPREME COURT, 360 Adams
Street, Room 224, Brooklyn, New York, ON A THURSDAY AFTERNOON AT 2:30 P.M.,
by and under the direction of PHILIP MAS, E: who is hereby appointed Referee for
that purpose, that the Referee shall set the date of sale and give public notice of the time, and
place of sale in accordance with RPAPL §2: 7"
’
4ioe\layn a8 ‘e sand it is further
ORDERED, ADJUDGED AND DECREED, that the Referce shall accept at such sale
the highest bid offered by a bidder, who shall be identified upon the court record, and shall
require that such successful bidder immediately pay to the Referce in cash or certified or bank
check payable, to such Referee, ten percent of the sum bid and shall execute Terms of Sale forthe
purchase of the premises, unless such successful bidder is the Plaintif( herein, in which case, no,
deposit against the purchase price shall be required, and it is further
ORDERED, ADJUDGED AND DECREED, that in the event that the first successful
bidder ‘fails to immediately pay-the ten (10%) percent deposit as provided herein or fails to
execute the Terms of Sale immediately following the bidding upon the Property, the Property
shal} thereafter immediately, on the same day, be reoffered at auction, and is further
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ORDERED, ADJUDGED AND DECREED, that the closing! of title shall take place at
the office of the Referee or at such other Jogation as the Referee shall detetmine: within thirty
(307 days: after such sale unless otherwise stipulated by all partics, The Referee shall transfer
title only to the successful bidder at-the auction, Any delay or adjournment of the closing date
beyond thirty (30) days may be. stipulated among the parties, with the Referee's consent, up lo
ninety (90) days from the date of the sale, but any adjournment beyond ninety (90) days may be
set only with the approval of this Court; and it is further
ORDERED, ADJUDGED.AND DECREED, that the Referee deposit al} funds received
pursuant to this Order in his‘her own name as: Referee in the Referce’s LO.L.A, account
Ly
maintained for legal clients ata bank within the City of New York or in an FDIC-insured ba
the Referce’s' choice within the City of New York £6flog £
oo
Bank), and it is further On
_7PORDERED, ADJUDGED AND DECREED, that the Referee on receiving the proceeds
of puch sale. shall. forthwith pay therefrom:
FERST: The starry fees and commissions of the Referee pursuant to CPLR §X003(b).
which shall not exceed-S882 unless the sale price (the amount-of accepted bid). exceeds $50,000.
In the event the sale price ex: eeds fifty thousand dollars and additional compe
5
ation (including
Cothmissiotis) in excess of 2460 is sought pursuant to CPLR §8003(b), and if no surplus. monies:
|
are produced by the sale, the parties may present a stipulation, signed by the: Referee and all
part appearing, agreeing to-a stated sum, to be so-ordered by the Court. Where surplus monics
will be available following distribution of sums as provided herein, or where the parties are
uuable to agree io the Referee’s proper compensation under CPLR §8003(b), application shall be
'Th clos
failure of the successlul bidder to pay the Full purchase price-bid and appropriateof the. ts ata closing wo
10" pasit.
be'scligduled within thirty (30) days following the auction may cesuit ini the forfeiture
5
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made to this Court on notice to all parties known to. be entitled to claim against any surplus
monies, including the defaulting owner of the ‘equity of redemption. Such application shall be
promptly submitted to. the Court within five (S) days of the wansfer of the deed and prior to filing
the Repost of Sale. “The five (5) day period for payment of surplus money into Court as set forth
in RPAPL § 1354(4}, and the thirty (30)-day period set forth in RPAPL § 1355 for the filing of
the Report of Sale shall be decmed extended pending the decision of the Court regarding such
application,
In the event: a scheduled sale is cancelled or postponed, pursuant to CPLR § 8003(a),
Plaintiff shall compensate ‘the Referce in the sum’ of $250.00 for each adjournment. or
cancellation ‘unless the Referee has requested the delay, Such compensation may be recouped
from the proceeds of gale as a cost to Plaintiff. This Order shal! constitute the necessary prior
authorization for compensation as'set forth herein,
No compensation in excess of $750, including compensation authorized pursuant to
CPLR $8003(a) for computation of the sum due fo Plaintiff. may be accepted by the Referee
of
without Court approval and. compliance with the filing provisions of Section 36.4 of the Rules
the Chief Judge.
SECOND: The expenses of the sale, including the cost of advertising as shown on the.
hills presented and certified by the Referee to be correct, copies of which shall be annexed to the.
Report of Sale. The Referee shall not be held responsible for the payment of penalties. or fees
pursuant (o this appoiniment. The Purchaser shall hold the Referee harmless from any such
penalties or fees accessed,
e
THIRD: Pursuant to Real Property Actions and Proceedings Luw §1354, in accordanc
with their priority according to law, taxes, assessinenis, Sewer rents, water-rates and any charges
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placed upon the: property by a city agency which have. priority over the foreclosed mortgage,
which may iave lawfully accrued thereon to the date of payment,
FOURTH: The Referee shall then pay to Plaintiff or its attomey the sum of
Lys C fH 3204-9 due to Plaintiff for costs and disbiirsements in this action ta be taxed by
-
the Ciel and inserted herein with interest thereon at the default interest rate as set forth in the
Notes and Mortgages. together with an additional allowance of Ss 300 hereby
awarded to Plaintiff with interest thereon ot the default interest rate as sci forth in the Notes and
Mortgages in addition to costsand also. the aggregate sum of $3,205,072.74 the amount so
in
reported by the Referee in the Report, together with interest at the default interest rate set forth
the ‘Notes: and’ Mortga; es from April 26, 2023, the date’ the interest was calculated to in the
Repony, until the date of entry of this judgment. continuing with interest at the default interest
rate-set forth in the Notes and Mortgages until the date of the transfer of the Referce’s. Deed. or
tA
much thereaf as the purchase money of the Property will pay of the same, together with
$, Seu v hereby awarded to Plainti(f as ceasonable legal fees with interest at the default
interest rate as set forth in the Notes and Mortgages thercon, together with any advances as
provided for in the Notes.and Mortgages which Plaintiff may have made for taxes, insurance,
Property
ptincipal and interest and-any other charges duc to prior mortgages or to. maintain the
pending consummation of this foreclosure sale by delivery of the Referes's Deed. not previously.
the consummation of this foreclosure. sale, not previously included in the
included in
together with
computation, upon presentation to the Referee of receipts for the expenditures, all
s from the date of the
interest at the default interest rate as set forth in-the Notes and Mortgage
the default interest
advance until-the date judgment is entered and then continuing with interest'at
Referee’s Deed,
rate as set-forth in the Notes anid Morigages until the date of the transfer of the
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Plaintiff shall timely
Copies of such receipts shall be annexed tothe Referee’s Report-of Sale.
itis further
move to confirm the Referee’s Report of Sale pursuant to RPAPL §1355; and
ORDERED, ADJUDGED AND DECREED that in case Plaintiff be the purchaser of
in cash the entire amount
the Property at the sale, the Referee shall not require Plaintiff to pay
Property sold upon the
bid atihe sale, but stiail execute and deliver only to Plaintiff a deed of the
payment to the Refe ree of the sum awarded to him or her under the above provisions marked
or in liew of the
“FIRST”, "SECOND", and “THIRD” if such-expenses were paid by the Referee,
of the proper
payment of the last mentioned amounts, upon filing with the Referee receipts.
municipal authorities showing payment thereof. The balance of the amount bid, after deducting.
payments to the Referee for compensation and expenses, ‘laxes,
therefrom the aforementioned
shall be allowed to the
assessments, sewer rents, water rates, and priority liens of a city agency,
as specified in tiem
PlaintitT and applicd by the Referee upon the amounts duc to the Plaintiff
marked “FOURTH". [f upon so applying the balance of the amount bid, there shall be.a surplus
over and above the amounts duc to the Plaintiff, the Plaintiff shall pay (o the Referee, upon
by
of the Referce’s deed, the amaunt of such surplus [which shall be applied
delivery to Plaintiff
proof satisfactory tw the
th ¢ Referee, upon motion made pursuant to RPAPL § 1351(3) and
to any subordinate mortgage duly recorded against the
Referee of the sums duc thereon,
shall be reported in the. Referees Report
property. pursuant to RPAPL § 1354(3), which payment
herein provided shall be deposited into
of Sale.) Any surplus: re maining after all payments as
shall immediately give. notice of
Court in accotdance with RPAPL. § 1354(4) and the Referee
such surplus to the owner of the Property as identified by Plaintiffat the time of the sale, and it is:
further
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ORDERED, ADJUDGED AND DECREED, that the Referee take the receipt. of the
Plaintiff or Plaintiff's attlomey for the amounts paid. as hereinbefore directed in item marked
“EOURTH", and file it with him Repoit of Sale, that she-deposit the surplus monies, if any, with
the Kings County Clerk’within five (5) days after'the same shall be received unless such period
to
be deemed extended by fiting of an application for. additional compensalion as set forth herein,
the
the eredit of this action, to be withdrawn only upon order of the Court, signed by a Justice of
of the
Court; that the Referee make him Report of such Sale under outh showing the disposition
was mads,
proceeds of the.sale, accompanied by the vouchers of the persons to whom payment
Justice,
and file it with. the Kings County. Clerk, with a copy to the Chambers of the Appointing
within thirty (0) days afler completing the sate and executing the proper conveyance to the
application
purchaser or within thirty (30) days of the devision of the court with respect to any
for. additional compensation; and it is further
ORDERED, ADJUDGED AND DECREED. that if the proceeds of such sale be.
as aforesaid, the
insufficient to pay the amount reported due to Plaintiff with interest and costs
BROOKLYN STANDARD IX LLC and
Plaintiff may recover of the defendants, THE
ROBERT CADOCH, the whole defiviency or so much thereof as the Court may determine to
unsatisfied afler a sale of the
be just and equitable of the residue of the mortgage debt remaining,
for deficiency judgment
Property and the.application of the procee ds. thereof, provided a. motion
Actions and Proceedings Law
shall be made as prescribed by Section 1371 of the Real Property
and the amount thereof is
within tiinety (90) duys of the delivery of the deed by the Referee,
d for in the action; and it is further
detetmined and awarded by an order of this. Court as provide
ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such
-it is further
sule be | et into possession on production of the Referee’s deed or deeds; und
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ORDERED, ADJUDGED AND DECREED, that each and all-of the defendants in this
action, be
action, and all persons claiming under any of them after the filing of such NOP of this
title, interest and.
and they are hereby: forever. barred and foreclosed of all right. claim, lien,
is further
equity of redemption in the Property and cach and every part thereof; and it
ORDERED, ADJUDGED AND. DECREED, that the Property is to be’sold in one
any state of facts that,
parcel “as is” physical order-and condition on the day of the sale, subject to
accurate survey of the
an inspection of the premises would disclose, any state of facts that an
ns, casements, right of
premises would show, any coy cnants; restrictions, declarations, reservatia
zoning ordinances of the
way and public utility agreements of record, any: building and
ns of same, any rights of
municipality in which the. Property: is focated and possible. violatio
tenants or persons in poss sion of the subject premises, prior liens of record, if any, except those
law, und any:
liens. addressed in section 1354 of the Real Property Actions and Proceedings.
within 120 days
equity of redemption of the United States of America to redeém the premises
from the date of sale. Risk of | all not pass fo purchaser until closing of title.
that in Absence of the Referee, the Court may Uesignale a. Substitute
ORDERED,
Referee forthwith; and it is further
of Rule 36,2
ORDERED, that the Referee appointed herein is subject to the requirements
from receiving an appointment pursuant
(c) of the Chief Judge, and if the Referee is disqualified
Appointing Judge forthwith: and it is
to the provisions of that t Rule, the Referee: shall notify the
further
sold under the
ORDERED, that pursuant to RPAPL §1351 (1) the Property is to be
of this order: and it is further
direction of the referee within ninety (90) days of the date
10
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of the date of the
ORDERED, that if the referee docs not conduct the sale within 90.days
fixed by RPAPL §1351(1) is extended for
judgment, in accordance with CPLR §2! 004, the time
ably practicable; and it is further
the referee to conduct the:sale as soon as reason
purchaser and/or purchasers at the
ORDERED, ADJUDGED AND DECREED, that the
, City, Hamlet transfer taxes, New Yark
foreclosure sale shall pa} y any and all: (i) Town, Village
of title; and
ed upon and/or arising from-the transfer
State transfer taxes.and any-other tax itnpos
the transfer of tite, including but not limited to
(i) any other charges occurring us a resul t of
title insurance costs shall be borne by
dced stamps. recording fees. title continuation charges.and
r
the purchaser and/or purchasers; and itis furthe
ORDERED, ADJUDGED AND DECREED, that if the successful bidder at the
ction at the purchase price, he/she may be liable
foreclosure sale defaults in concluding the transa
to
qu ently sold atauction for a sum which is ittadequate
for-thy difference if the property is subse
. Judgment. of Foreclosure and. Sale;
cover all it ems allowed in this Final Order and consolidated
and it is further
that a cop: y of this consolidated Judgment of Forecl
osure and Sale with
ORDERED,
designated. Referee, the owner of the equity of
Notice of Entry shall be sceved. upon the
r, uny tenants named in this action and. any other party
redemption as of the date of this Order
s than thirty. (30) days prior rita sale;
entitled to notice within twenty (20) days of entry and no-les
and it is: further
of the Notice of Sale upon the owner of
ORDE! RED, that the Plaintiff shall serve a copy
wddress (affidavit of
ef fast known address a nd the property
equity Gf redemption at both his‘/h
upon
losure Clerk on or before the auction sale} and
such service shall be p reserited. tw the Forec
least ten (10) days prior to the seh
eduled sale.
the. Foreclosure Department at
i
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The Property cammonly- known as:.26 St. Felix Street, Brooklyn, Ne
Preview
(FI hi is ry ti 2! ray T30/ O4-06-PM yop iD 5 ANREX sO 526888746222 NYSCE Bo NO 43 REGEMEP NGREEE | 0 918 948924 At COMM Part 6 of the Supreme Court of the State of New York; held in-and for-the County of Kings, at the Courthouse located at 360 Adams Street, Brookly; ew York, on. the day of > 2024. PRESENT: HON. LAWRENCE KNIPEL, J. donee mae a---- EITAN ZVIELY, Index No. 528469/2022 Plaintiff; ORDER RESETTLING JUDGMENT OF -against- FORECLOSURE.AND SALE DATED JULY 13, 2023 THE BROOKLYN STANDARD IX LLC, ROBERT CADOCH, CITY OF NEW YORK Foreclosure of: ENVIRONMENTAL. CONTROL BOARD, NEW YORK CITY DEPARTMENT OF FINANCE, NEW 26 St. Felix Street YORK STATE DEPARTMENT OF TAXATION & Brooklyn, New York 11217 FINANCE, “John Doe tenant or occupant [name (Block: 2096, Lot: 42) refused] and “John Doe. tenant or occupant of basement {riame refused)”, Defendants. penne ne semen eee te nite, ORDERED; that the annexed Judgment of Foreclosure and Sale (“Judgment’)-of the Honorable, Lawrence Knipel dated hily 13, 2023, and entered in the Office of the Kings:County Clerk on August 7, 2023, is hereby resettled. ORDERED, that-a copy of this Order with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in this action and ‘any other party entitled to notice within twenty (20) days of-entry. DATED: S 1,0 [2D ENTER: HON. LAWRENCE KNIPEL, JSC. HON. LAWREN ADMINISTRATICE KNIPEL VE JUDGE 1 of 20 = 174 PFs 7 HETS5 75954 Ae ENDER ND. BA848920922 NYSEeeO Gono Pag RECELYED WWSGER: 08943920984 At COMM Part 6 of the Supreme Court of the. State of New York, held in and for the County of Kings, at-the- Courthouse located at 360 Adams Street, Brooklyn, New York, on the. | day of TAG » 2023. PRESENT: Hi LAWRENCE. PEL, J. ane =: EITAN ZVIELY, Index No, 528469/2022 Plaintiff, JUDGMENT OF FORECLOSURE ~against- AND SALE THE BROOKLYN STANDARD IX LLC, Foreclosure of: ROBERT CADOCH, CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD, NEW 26 St. Felix Street YORK CITY DEPARTMENT OF FINANCE, Brooklyn, New York {1217 NEW YORK STATE SPARTMENT OF (Block: 2096, Lot: 42) TAXATION & FINANCE, “John Doe tenant or occupant [name refused)” and “John Doe tenant or occupant of basement [name refused}”, Defendants. eneeneetenennn en x On the Summons (the “Summans”), Verified Complaint in a Foreclosure Action (the “Complaint”) and Notice of Pendency (the “NOP") duly filed in this action on September 30. 22; dir the Order'of Reference (the °Order") dated Apri! 24, 2023 and entered in the Office of 2022; the Kings County Clerk (the "Clerk's Office”) on April. 7, 2023; and upon all prior pleadings. papers und proceedings had heretofore, and on reading and filing the Affirmation of Michael J. Bonneville, E: counsel for EITAN ZVIELY (the “Plaintiff), dated May $, 2023, from which it appears that each of the defendants herein have been duly served with the Surmmons, Complaint, and NOP in ‘this action, and stating that more than the. legally required number of 4873-7481-657, v. 1 i of 19 2 of 20 = FRO Fe PEALE By aE rane A AA ASB 1 TANREXUO - 383966948022 NYSGEESP Oba noe TAB; g RESERVED NUGRGEF 08768048984 days had clapsed since ‘the defendants were so served and/or appeared: and that none af the defendants: had served. any answer to. the Complaint, nor had their time to. do so been extended; éxcept defendants The Brooklyn Standard LX LLC and Robert.Cadoch, by and through: their attorneys Goldberg Weprin Finkel Goldstein LLP, in response to the Complaint op March 29, 2023, interposed a late Answer to Verified Complaint with Counterclaims. The. Late Answer was rejected pursuant to that certain Notice of Rejection filed on March 29, 2023, whereby. the Late Answer was-rejected, as the: Borrower's and Guarantor’s time to answer, moved or appear with respect to the Complaint expired; and that the Complaint herein and NOP containing all the particulars required to be stated therein was duly: filed in:the Office of the. Clerk of the County of Kings on September 30, 2022, and has nat been amended to add new parties orto embrace real property..not described in the original Complaint, or some. part thereof, and a Referee: having been duly appointed to compute the amount due to the Plaintiff upon that: (i). Mortgage, Assignment of Leases und Rents and Security Agreement (the “2016 Mortgage”), dated June. 28, 2016 inthe principal amount of $850,000.00, securing that certain Secured Promissory Note (the "2016 Note”), dated, June 28, 2016,.to secure an indebtedness in the principal amount of §850.000.00: (ii) Mortgage, Assignment of Leases and Rents and Security Agreement (the “2018 Mortgage”), dated January 23, 2018 in the principal amount of $150,000.00, securing that.cenain s Seeured Proniissory Note (the "2018 Note"), dated January 23, 2018..to. secure an indebtednes and in the principal amount of $ 150,000.00; and (iii) Mortgage, Assignment of Leases and Rents Agreement (the “2019 Mortguge”, together with the 2016 Morigage and 2018 Security Mortgage, collectively, the “Mortgages”), dated December 16, 2019 in the principal amount of together-with the $600,000.00, securing that certain Secured Promissory Note (the “2019. Note”, , the 2016 Note.and the 2018 Note, collectively, the “Notes” and together with the Mortgages 4873-7481-8657.N. 3 2 0f 19 3 of 20 S: VTNco ee FY ATEDIZ_565-24079094. At ae oT INA fy CREE Us , = THER MP - 538948943922 NYSGEE UO oc Ny Big RECEDED NUQRGEE 08768948084 “Loan Documents”), dated December 16, 2019, to secure an indebtedness in the principal amount of $600,000.00, as ‘set forth in the Complaint and 10 cxamine and report: whether the moitgaged premises commonly known as: 26 Sf, Felix Street, Brooklyn, New: York 11217 (Block: 2096, Lot: 42) (the*Property”) should be sold in one or more parcels; AND, on reading the Referee’s Oath and the Referce’s Report of Amount Due swarnto and dated May 2, 2023 (collectively, the “Report”) of Philip L. Kamaras, Fsq., the Referee named in the Order, which Report was duly filed in this-action on May: » 2023 and is exhibited (o Plaintiff's application for, inter alia, a consolidated Judgment of Foreclosure. and Sale (the “Motion”), it appears that there is duc to Plaintiff for principal, interest on principal, protective advances, itterest on protective. advances, late charges and other charges, if any the aggregate suny of $3,205,072.74 as of April-26, 2023 and that the Property should.be sold in one parcel, and itis NOW, upon proofof due notice of this application upon all parties wha had not waived. f of the Order as provided therein. of service the'same, and upon proo ON MOTION, of Kriss and Feuerstein LLP, altorneys for Plaintiff, it is ORDERED, that Plaintiff's motion for a judgment of forcclosure and sale. is granted ip ils entirety without opposition; and itis further ORDERED, ADJUDGED AND DECREED, that the Report of Philip L. Kamuaras, Esq,. as referee swom to and dated an May 2, 2023 and filed with the Clerk’s Office an May. 3. it is 2023, be. and the same is hereby. to the extent provided herein, ratified and confirmed: and further 4673-7481-8657, v.1 3 of 19 4 of 20 51} Ro as Sy Fe yenGH ETF Crs ZZ He 73072 SeYay ae ope F- ay + TARBNYO s AES AaP? WET D oe Go 8g EEG EIME NW BISEEF 'o PA3%2924 ORDERED, ADJUDGED AND. DECREED, that the Mortgages which are the subject of this foreclosure action.and as. described in the Complaint, are hereby consol ed so Plaintiff be awarded the aggregate sum as determined and set forth in the Report; and it is further ORDERED, ADJUDGED AND. DECREED, that the above-described Property and the personal propeity secking therein, if any. as described in the Complaint or such part thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of this action as provided by the Real Property Actions-and Procecdings Law be sold in one parcel by the Referee, at public auction at the KIN INTY SUPREME COURT, 360 Adams Street, Room 224, Brooklyn, New York, ON A THURSDAY AFTERNOON AT 2:30 P.M., by and under the direction of PHILIP MAS, E: who is hereby appointed Referee for that purpose, that the Referee shall set the date of sale and give public notice of the time, and place of sale in accordance with RPAPL §2: 7" ’ 4ioe\layn a8 ‘e sand it is further ORDERED, ADJUDGED AND DECREED, that the Referce shall accept at such sale the highest bid offered by a bidder, who shall be identified upon the court record, and shall require that such successful bidder immediately pay to the Referce in cash or certified or bank check payable, to such Referee, ten percent of the sum bid and shall execute Terms of Sale forthe purchase of the premises, unless such successful bidder is the Plaintif( herein, in which case, no, deposit against the purchase price shall be required, and it is further ORDERED, ADJUDGED AND DECREED, that in the event that the first successful bidder ‘fails to immediately pay-the ten (10%) percent deposit as provided herein or fails to execute the Terms of Sale immediately following the bidding upon the Property, the Property shal} thereafter immediately, on the same day, be reoffered at auction, and is further 4879-7451-8657. v. 1 40f 19 5 of 20 5: 7+ eT TUB EXnOO “5 RPAH YR92 2 NYE PO NGo 1484 RBEEEPYB ON MYSGEF ‘a SEA ORDERED, ADJUDGED AND DECREED, that the closing! of title shall take place at the office of the Referee or at such other Jogation as the Referee shall detetmine: within thirty (307 days: after such sale unless otherwise stipulated by all partics, The Referee shall transfer title only to the successful bidder at-the auction, Any delay or adjournment of the closing date beyond thirty (30) days may be. stipulated among the parties, with the Referee's consent, up lo ninety (90) days from the date of the sale, but any adjournment beyond ninety (90) days may be set only with the approval of this Court; and it is further ORDERED, ADJUDGED.AND DECREED, that the Referee deposit al} funds received pursuant to this Order in his‘her own name as: Referee in the Referce’s LO.L.A, account Ly maintained for legal clients ata bank within the City of New York or in an FDIC-insured ba the Referce’s' choice within the City of New York £6flog £ oo Bank), and it is further On _7PORDERED, ADJUDGED AND DECREED, that the Referee on receiving the proceeds of puch sale. shall. forthwith pay therefrom: FERST: The starry fees and commissions of the Referee pursuant to CPLR §X003(b). which shall not exceed-S882 unless the sale price (the amount-of accepted bid). exceeds $50,000. In the event the sale price ex: eeds fifty thousand dollars and additional compe 5 ation (including Cothmissiotis) in excess of 2460 is sought pursuant to CPLR §8003(b), and if no surplus. monies: | are produced by the sale, the parties may present a stipulation, signed by the: Referee and all part appearing, agreeing to-a stated sum, to be so-ordered by the Court. Where surplus monics will be available following distribution of sums as provided herein, or where the parties are uuable to agree io the Referee’s proper compensation under CPLR §8003(b), application shall be 'Th clos failure of the successlul bidder to pay the Full purchase price-bid and appropriateof the. ts ata closing wo 10" pasit. be'scligduled within thirty (30) days following the auction may cesuit ini the forfeiture 5 4873-7481-8657, v. 5 S of 19 6 of 20 = 5 CA eh 6 INBPEndO -s BRAG 202022 NYE Boe NQo 1489 RBEGEPME On IYSGEF 19 PV59002024 made to this Court on notice to all parties known to. be entitled to claim against any surplus monies, including the defaulting owner of the ‘equity of redemption. Such application shall be promptly submitted to. the Court within five (S) days of the wansfer of the deed and prior to filing the Repost of Sale. “The five (5) day period for payment of surplus money into Court as set forth in RPAPL § 1354(4}, and the thirty (30)-day period set forth in RPAPL § 1355 for the filing of the Report of Sale shall be decmed extended pending the decision of the Court regarding such application, In the event: a scheduled sale is cancelled or postponed, pursuant to CPLR § 8003(a), Plaintiff shall compensate ‘the Referce in the sum’ of $250.00 for each adjournment. or cancellation ‘unless the Referee has requested the delay, Such compensation may be recouped from the proceeds of gale as a cost to Plaintiff. This Order shal! constitute the necessary prior authorization for compensation as'set forth herein, No compensation in excess of $750, including compensation authorized pursuant to CPLR $8003(a) for computation of the sum due fo Plaintiff. may be accepted by the Referee of without Court approval and. compliance with the filing provisions of Section 36.4 of the Rules the Chief Judge. SECOND: The expenses of the sale, including the cost of advertising as shown on the. hills presented and certified by the Referee to be correct, copies of which shall be annexed to the. Report of Sale. The Referee shall not be held responsible for the payment of penalties. or fees pursuant (o this appoiniment. The Purchaser shall hold the Referee harmless from any such penalties or fees accessed, e THIRD: Pursuant to Real Property Actions and Proceedings Luw §1354, in accordanc with their priority according to law, taxes, assessinenis, Sewer rents, water-rates and any charges 4873-7481-8657, v. 1 6 of 19 7 of 20 Fa[Et a od 1 Neo er ENSRES COG cry hr 2 Sei 7 He Zan VS Tae eee ee e HPP ud? 3284849963922 NYRUE RECEIVE WINSSFF 069969968024 placed upon the: property by a city agency which have. priority over the foreclosed mortgage, which may iave lawfully accrued thereon to the date of payment, FOURTH: The Referee shall then pay to Plaintiff or its attomey the sum of Lys C fH 3204-9 due to Plaintiff for costs and disbiirsements in this action ta be taxed by - the Ciel and inserted herein with interest thereon at the default interest rate as set forth in the Notes and Mortgages. together with an additional allowance of Ss 300 hereby awarded to Plaintiff with interest thereon ot the default interest rate as sci forth in the Notes and Mortgages in addition to costsand also. the aggregate sum of $3,205,072.74 the amount so in reported by the Referee in the Report, together with interest at the default interest rate set forth the ‘Notes: and’ Mortga; es from April 26, 2023, the date’ the interest was calculated to in the Repony, until the date of entry of this judgment. continuing with interest at the default interest rate-set forth in the Notes and Mortgages until the date of the transfer of the Referce’s. Deed. or tA much thereaf as the purchase money of the Property will pay of the same, together with $, Seu v hereby awarded to Plainti(f as ceasonable legal fees with interest at the default interest rate as set forth in the Notes and Mortgages thercon, together with any advances as provided for in the Notes.and Mortgages which Plaintiff may have made for taxes, insurance, Property ptincipal and interest and-any other charges duc to prior mortgages or to. maintain the pending consummation of this foreclosure sale by delivery of the Referes's Deed. not previously. the consummation of this foreclosure. sale, not previously included in the included in together with computation, upon presentation to the Referee of receipts for the expenditures, all s from the date of the interest at the default interest rate as set forth in-the Notes and Mortgage the default interest advance until-the date judgment is entered and then continuing with interest'at Referee’s Deed, rate as set-forth in the Notes anid Morigages until the date of the transfer of the AB73-7485-8657.. 1 7 of 19 8 of 20 Ae FA Gy Vey sI7 OE 73072 NBDE Xid!0 5284849962022 Boe “Ko. TPs RBEEEISENISGSEF 089249962024 Plaintiff shall timely Copies of such receipts shall be annexed tothe Referee’s Report-of Sale. itis further move to confirm the Referee’s Report of Sale pursuant to RPAPL §1355; and ORDERED, ADJUDGED AND DECREED that in case Plaintiff be the purchaser of in cash the entire amount the Property at the sale, the Referee shall not require Plaintiff to pay Property sold upon the bid atihe sale, but stiail execute and deliver only to Plaintiff a deed of the payment to the Refe ree of the sum awarded to him or her under the above provisions marked or in liew of the “FIRST”, "SECOND", and “THIRD” if such-expenses were paid by the Referee, of the proper payment of the last mentioned amounts, upon filing with the Referee receipts. municipal authorities showing payment thereof. The balance of the amount bid, after deducting. payments to the Referee for compensation and expenses, ‘laxes, therefrom the aforementioned shall be allowed to the assessments, sewer rents, water rates, and priority liens of a city agency, as specified in tiem PlaintitT and applicd by the Referee upon the amounts duc to the Plaintiff marked “FOURTH". [f upon so applying the balance of the amount bid, there shall be.a surplus over and above the amounts duc to the Plaintiff, the Plaintiff shall pay (o the Referee, upon by of the Referce’s deed, the amaunt of such surplus [which shall be applied delivery to Plaintiff proof satisfactory tw the th ¢ Referee, upon motion made pursuant to RPAPL § 1351(3) and to any subordinate mortgage duly recorded against the Referee of the sums duc thereon, shall be reported in the. Referees Report property. pursuant to RPAPL § 1354(3), which payment herein provided shall be deposited into of Sale.) Any surplus: re maining after all payments as shall immediately give. notice of Court in accotdance with RPAPL. § 1354(4) and the Referee such surplus to the owner of the Property as identified by Plaintiffat the time of the sale, and it is: further 4873-7481-8657. v. 1 @ of 19: 9 of 20 oFCG 7 AE Ts INDE NAO 594849962922 NeriBo .Nko. TER RBEREIYE DN WSGEF 06949962024 ORDERED, ADJUDGED AND DECREED, that the Referee take the receipt. of the Plaintiff or Plaintiff's attlomey for the amounts paid. as hereinbefore directed in item marked “EOURTH", and file it with him Repoit of Sale, that she-deposit the surplus monies, if any, with the Kings County Clerk’within five (5) days after'the same shall be received unless such period to be deemed extended by fiting of an application for. additional compensalion as set forth herein, the the eredit of this action, to be withdrawn only upon order of the Court, signed by a Justice of of the Court; that the Referee make him Report of such Sale under outh showing the disposition was mads, proceeds of the.sale, accompanied by the vouchers of the persons to whom payment Justice, and file it with. the Kings County. Clerk, with a copy to the Chambers of the Appointing within thirty (0) days afler completing the sate and executing the proper conveyance to the application purchaser or within thirty (30) days of the devision of the court with respect to any for. additional compensation; and it is further ORDERED, ADJUDGED AND DECREED. that if the proceeds of such sale be. as aforesaid, the insufficient to pay the amount reported due to Plaintiff with interest and costs BROOKLYN STANDARD IX LLC and Plaintiff may recover of the defendants, THE ROBERT CADOCH, the whole defiviency or so much thereof as the Court may determine to unsatisfied afler a sale of the be just and equitable of the residue of the mortgage debt remaining, for deficiency judgment Property and the.application of the procee ds. thereof, provided a. motion Actions and Proceedings Law shall be made as prescribed by Section 1371 of the Real Property and the amount thereof is within tiinety (90) duys of the delivery of the deed by the Referee, d for in the action; and it is further detetmined and awarded by an order of this. Court as provide ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such -it is further sule be | et into possession on production of the Referee’s deed or deeds; und 4873-7401-8657, v. 1 9 of 19 10 of 20 TI R= VThoo ee 7 ALES Ae aa Te INDDP dO 5 234849962022 i 7 SF HT /eg7e ef f-3 _me) NRE Uc Ho. HRs RBEL ERED WGGEF 009947062024 ORDERED, ADJUDGED AND DECREED, that each and all-of the defendants in this action, be action, and all persons claiming under any of them after the filing of such NOP of this title, interest and. and they are hereby: forever. barred and foreclosed of all right. claim, lien, is further equity of redemption in the Property and cach and every part thereof; and it ORDERED, ADJUDGED AND. DECREED, that the Property is to be’sold in one any state of facts that, parcel “as is” physical order-and condition on the day of the sale, subject to accurate survey of the an inspection of the premises would disclose, any state of facts that an ns, casements, right of premises would show, any coy cnants; restrictions, declarations, reservatia zoning ordinances of the way and public utility agreements of record, any: building and ns of same, any rights of municipality in which the. Property: is focated and possible. violatio tenants or persons in poss sion of the subject premises, prior liens of record, if any, except those law, und any: liens. addressed in section 1354 of the Real Property Actions and Proceedings. within 120 days equity of redemption of the United States of America to redeém the premises from the date of sale. Risk of | all not pass fo purchaser until closing of title. that in Absence of the Referee, the Court may Uesignale a. Substitute ORDERED, Referee forthwith; and it is further of Rule 36,2 ORDERED, that the Referee appointed herein is subject to the requirements from receiving an appointment pursuant (c) of the Chief Judge, and if the Referee is disqualified Appointing Judge forthwith: and it is to the provisions of that t Rule, the Referee: shall notify the further sold under the ORDERED, that pursuant to RPAPL §1351 (1) the Property is to be of this order: and it is further direction of the referee within ninety (90) days of the date 10 4073-7483-8657. v. 1 10 of 19 11 of 20 5 NEO EF 7 ALeEpiA ag ST? Ae "SAF 5 ers x Oy 6 THEIBE NINO 5 382849942922 NYSCEE DEES, Who “AR; RARECRIMER WNEEEF 0 8984 3962024 of the date of the ORDERED, that if the referee docs not conduct the sale within 90.days fixed by RPAPL §1351(1) is extended for judgment, in accordance with CPLR §2! 004, the time ably practicable; and it is further the referee to conduct the:sale as soon as reason purchaser and/or purchasers at the ORDERED, ADJUDGED AND DECREED, that the , City, Hamlet transfer taxes, New Yark foreclosure sale shall pa} y any and all: (i) Town, Village of title; and ed upon and/or arising from-the transfer State transfer taxes.and any-other tax itnpos the transfer of tite, including but not limited to (i) any other charges occurring us a resul t of title insurance costs shall be borne by dced stamps. recording fees. title continuation charges.and r the purchaser and/or purchasers; and itis furthe ORDERED, ADJUDGED AND DECREED, that if the successful bidder at the ction at the purchase price, he/she may be liable foreclosure sale defaults in concluding the transa to qu ently sold atauction for a sum which is ittadequate for-thy difference if the property is subse . Judgment. of Foreclosure and. Sale; cover all it ems allowed in this Final Order and consolidated and it is further that a cop: y of this consolidated Judgment of Forecl osure and Sale with ORDERED, designated. Referee, the owner of the equity of Notice of Entry shall be sceved. upon the r, uny tenants named in this action and. any other party redemption as of the date of this Order s than thirty. (30) days prior rita sale; entitled to notice within twenty (20) days of entry and no-les and it is: further of the Notice of Sale upon the owner of ORDE! RED, that the Plaintiff shall serve a copy wddress (affidavit of ef fast known address a nd the property equity Gf redemption at both his‘/h upon losure Clerk on or before the auction sale} and such service shall be p reserited. tw the Forec least ten (10) days prior to the seh eduled sale. the. Foreclosure Department at i 4873-7481 -8657. ¥. 1 ll of 19 12 of 20 b= 1 Nest GY Tye} 7 HE 735 75¢ moe THRE? 5 28449963922 NYRG NC RRELERE A WUSGEF 099849963024 The Property cammonly- known as:.26 St. Felix Street, Brooklyn, Ne