On August 31, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Nationstar Mortgage Llc D B A Champion Mortgage Company,
and
Capital One Bank Usa, N.A.,
Jane Gussoff,
Michael Gussoff As Executor Of The Estate Of Beverly Gussoff,
Michael Gussoff
As Executor Of The Estate Of Beverly Gussoff,
New York State Department Of Taxation And Finance,
Secretary Of Housing And Urban Development,
United States Of America, Internal Revenue Services,
for Foreclosure (residential mortgage)
in the District Court of Westchester County.
Preview
(FILED: WESTCHESTER COUNTY CLERK 0672072017 06:17 PM INDEX NO. 64188/2015
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/20/2017
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF WESTCHESTER
Reece saaieies cncisincee re cacninnenm mE EN SSH eeRNeRen meee
NATIONSTAR MORTGAGE LLC D/B/A Index No, 64188/2015
CHAMPION MORTGAGE COMPANY
NOTICE OF MOTION
Plaintiff.
Oral Argument
-against- is Not Requested.
MICHAEL GUSSOFF AS EXECUTOR OF THE
ESTATE OF BEVERLY GUSTOFF Name of Assigned
UNITED STATES OF AMERICA, INTERNAL Judge: MARY H. SMITH
REVENUE SERVICES
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT
CAPITAL ONE BANK USA, N.A.
JANE GUSSOFF
Defendants.
TAKE NOTICE that, upon the annexed attorney's statement of Matthew Smith, Esq.
dated June 9, 2017, the exhibits annexed thereto, and upon all of the pleadings and prior
proceedings heretofore had herein, we shall make a motion at a IAS Part of this Court, to be held
at the Westchester County Courthouse, Supreme Court Building, 111 Dr. Martin Luther King,
Jr. Blvd, White Plains, New York on the 26" day of July, 2017_at_9:30 a.m. or as soon
thereafter as counsel can be heard for an order (i) discontinuing the instant action; (ii) vacating
the judgment of foreclosure and sale entered herein; (iii) canceling the lis pendens filed against
the premises which are the subject of the instant foreclosure action and (iv) and for such other
relief as the Court deems just and equitable.
The above-entitled action is for the foreclosure of a mortgage.
TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if any, must
be served so that they will arrive at our offices at least seven (7) days before the time at which this motion
is noticed to be heard.
1 of 2
INDEX NO. 64188/2015
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/20/2017
TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if any, must
be served so that they will arrive at our offices at least seven (7) days before the time at which this motion
is noticed to be heard.
Dated: New Rochelle, New York
32017
UME McCABE, WEISBERG & CONWAY, P.C>
LE Ss
Cc
gif
on MATTHEW
Gi
fo
SMITH
Attorneys for Plaintiff
145 Huguenot St., Suite 210
New Rochelle, New York 10801
914-636-8900
914-636-8901 facsimile
To:
Michael Gussoff as executor of the Estate of Beverly Gustoff
80 Primrose Avenue
Scarsdale, New York 10583
Preet Bharara
United States Attorney for Southern District of New York
86 Chambers Street
New York, New York 10007
Attorney for United States of America, Internal Revenue Services
New York State Department of Taxation and Finance
W.A. Harriman State Campus, Building 9
Albany, New York 12227
Secretary of Housing and Urban Development
86 Chambers Street
New York, New York 10007
Capital One Bank USA, N.A.
80 State Street
Albany, New York 12207
Jane Gussoff
80 Primose Avenue
Scarsdale, New York 10583
John A. Sarcone III, Esq
Appointed Referee
222 Bloomingdale Rd Ste 308
White Plains, New York 10605
2 of 2
Document Filed Date
June 20, 2017
Case Filing Date
August 31, 2015
Category
Foreclosure (residential mortgage)
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Preview
(FILED: WESTCHESTER COUNTY CLERK 0672072017 06:17 PM INDEX NO. 64188/2015 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/20/2017 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF WESTCHESTER Reece saaieies cncisincee re cacninnenm mE EN SSH eeRNeRen meee NATIONSTAR MORTGAGE LLC D/B/A Index No, 64188/2015 CHAMPION MORTGAGE COMPANY NOTICE OF MOTION Plaintiff. Oral Argument -against- is Not Requested. MICHAEL GUSSOFF AS EXECUTOR OF THE ESTATE OF BEVERLY GUSTOFF Name of Assigned UNITED STATES OF AMERICA, INTERNAL Judge: MARY H. SMITH REVENUE SERVICES NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE SECRETARY OF HOUSING AND URBAN DEVELOPMENT CAPITAL ONE BANK USA, N.A. JANE GUSSOFF Defendants. TAKE NOTICE that, upon the annexed attorney's statement of Matthew Smith, Esq. dated June 9, 2017, the exhibits annexed thereto, and upon all of the pleadings and prior proceedings heretofore had herein, we shall make a motion at a IAS Part of this Court, to be held at the Westchester County Courthouse, Supreme Court Building, 111 Dr. Martin Luther King, Jr. Blvd, White Plains, New York on the 26" day of July, 2017_at_9:30 a.m. or as soon thereafter as counsel can be heard for an order (i) discontinuing the instant action; (ii) vacating the judgment of foreclosure and sale entered herein; (iii) canceling the lis pendens filed against the premises which are the subject of the instant foreclosure action and (iv) and for such other relief as the Court deems just and equitable. The above-entitled action is for the foreclosure of a mortgage. TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if any, must be served so that they will arrive at our offices at least seven (7) days before the time at which this motion is noticed to be heard. 1 of 2 INDEX NO. 64188/2015 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/20/2017 TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b) that answer affidavits, if any, must be served so that they will arrive at our offices at least seven (7) days before the time at which this motion is noticed to be heard. Dated: New Rochelle, New York 32017 UME McCABE, WEISBERG & CONWAY, P.C> LE Ss Cc gif on MATTHEW Gi fo SMITH Attorneys for Plaintiff 145 Huguenot St., Suite 210 New Rochelle, New York 10801 914-636-8900 914-636-8901 facsimile To: Michael Gussoff as executor of the Estate of Beverly Gustoff 80 Primrose Avenue Scarsdale, New York 10583 Preet Bharara United States Attorney for Southern District of New York 86 Chambers Street New York, New York 10007 Attorney for United States of America, Internal Revenue Services New York State Department of Taxation and Finance W.A. Harriman State Campus, Building 9 Albany, New York 12227 Secretary of Housing and Urban Development 86 Chambers Street New York, New York 10007 Capital One Bank USA, N.A. 80 State Street Albany, New York 12207 Jane Gussoff 80 Primose Avenue Scarsdale, New York 10583 John A. Sarcone III, Esq Appointed Referee 222 Bloomingdale Rd Ste 308 White Plains, New York 10605 2 of 2