On August 31, 2015 a
Order
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.
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FILED: WESTCHESTER COUNTY CLERK 03/25/2016 10:11 AM INDEX NO. 64188/2015
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/25/2016
ORDER
SUPREME COURT OF THE STATE OF NEW YORK
lAS PART, WESTCHESTER COUNTY
Present: HON. MARY H. SMITH
Supreme Court Justice
-----------------------------------------------------------------------)(
NATIONSTAR MORTGAGE LLC D/B/A CHAMPION
MORTGAGE COMPANY, Index No. 64188/15
Plaintiff,
-against-
MICHAEL GUSSOFF AS EXECUTOR OF THE
ESTATE OF BEVERLY GUSSOFF, UNITED STATES
OF AMERICA, INTERNAL REVENUE SERVICES,
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE, SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, CAPITAL ONE BANK USA,
N.A.,
"JOHN DOE #1" to "JOHN DOE #10," the last 10
names being fictitious and unknown to plaintiff, the
persons or parties intended being the persons or
parties, ifany, having or claiming an interest in or
lien upon the mortgaged premises described in the
verified complaint,
Defendants.
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Plaintiff's ex parte application for an Order of reference is denied without prejudice
to plaintiff's re-submission by way of Notice of Motion served upon Michael Gussoff, who,
in addition to his being the named Executor of the Estate of Beverly Gussoff, is her son
and a resident of the subject premises. Therefore, he properly should have been named
and served herein. The Court parenthetically notes that plaintiff's time to name and serve
any additional parties herein has expired. See CPLR 306-b. Although the Court
acknowledges that Mr. Gussof, as Executor, has defaulted in appearing herein, upon all
of the circumstances presenting, the Court finds that Mr. Gussoff, at the very least, should
be afforded notice of plaintiff's application for an Order of reference.
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Dated: March j if ,2016
White Plains, New York
MARY H. SMITH
J.S.C.
McCabe, Weisberg & Conway, P.C.
Attys. For Pitt.
145 Huguenot Street, Suite 210
New Rochelle, New York 10801
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Document Filed Date
March 25, 2016
Case Filing Date
August 31, 2015
Category
Foreclosure (residential mortgage)
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FILED: WESTCHESTER COUNTY CLERK 03/25/2016 10:11 AM INDEX NO. 64188/2015 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/25/2016 ORDER SUPREME COURT OF THE STATE OF NEW YORK lAS PART, WESTCHESTER COUNTY Present: HON. MARY H. SMITH Supreme Court Justice -----------------------------------------------------------------------)( NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Index No. 64188/15 Plaintiff, -against- MICHAEL GUSSOFF AS EXECUTOR OF THE ESTATE OF BEVERLY GUSSOFF, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICES, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, CAPITAL ONE BANK USA, N.A., "JOHN DOE #1" to "JOHN DOE #10," the last 10 names being fictitious and unknown to plaintiff, the persons or parties intended being the persons or parties, ifany, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, Defendants. ----------------------------------------------------------------------)( Plaintiff's ex parte application for an Order of reference is denied without prejudice to plaintiff's re-submission by way of Notice of Motion served upon Michael Gussoff, who, in addition to his being the named Executor of the Estate of Beverly Gussoff, is her son and a resident of the subject premises. Therefore, he properly should have been named and served herein. The Court parenthetically notes that plaintiff's time to name and serve any additional parties herein has expired. See CPLR 306-b. Although the Court acknowledges that Mr. Gussof, as Executor, has defaulted in appearing herein, upon all of the circumstances presenting, the Court finds that Mr. Gussoff, at the very least, should be afforded notice of plaintiff's application for an Order of reference. -1- 1 of 2 Dated: March j if ,2016 White Plains, New York MARY H. SMITH J.S.C. McCabe, Weisberg & Conway, P.C. Attys. For Pitt. 145 Huguenot Street, Suite 210 New Rochelle, New York 10801 I \ \ l -2- 2 of 2