Preview
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018
At an IAS of
the Supreme Court of the State of New York,
held in and for the County of Queens at the
Courthouse thereof, Supreme Court Building,
88-11 Sutphin Blvd., Queens, New York on
the day of ,2017
PRESENT:
Honorable
J. S .0 .
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF QUEENS
X Index No.: 708940/2015
CITIBANK, N.A., AS TRUSTEE FOR BEAR STEARNS ALT-A
TRUST 2006-6, ORDER GRANTING
Plaintiff,
SUMMARY JUDGMENT,
DEFAULT JUDGMENT
-against- AND APPOINTING
REFEREE TO COMPUTE
PEDRO CARDONA;
MANUEL PEREZ A/K/A MANEUL PEREZ;
ROSA ASITIMBAY;
Premises:
HSBC MORTGAGE CORPORATION (USA); 34-21 100th Street a/k/a
COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW 3421 100th Street
YORK SOCIAL SERVICES DISTRICT; Corona, New York 11368
UNITED STATES OF AMERICA INTERNAL REVENUE
SERVICE;
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD;
NEW YORK CITY PARKING VIOLATIONS BUREAU
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE;
CRIMINAL COURT OF THE CITY OF NEW YORK;
CAPITAL ONE BANK (USA), NA.;
ZAHMEL RESTAURANT SUPPLIES CORP A/K/A ZAHMEL'S
RESTAURANT SUPPLIES CORP.;
CITIMORTGAGE, INC.;
ALLIANCE FUNDING COMPANY, A DIVISION OF SUPERIOR
BANK;
CAPITAL ONE BANK;
"JOHN DOE #1" to "JOHN DOE 410," the last 10 names being
fictitious and unknown to plaintiff, the persons or parties intended being
the persons or parties, if any, having or claiming an interest in or lien
upon the mortgaged premises described in the complaint,
Defendants.
1 of 5
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018
Upon reading and filing the annexed attorney's statement of Heino J. Muller, Esq. dated
September 22, 2017, the affidavit of Andre Dickson, sworn to on August 22, 2017, the exhibits
annexed thereto, and upon the pleadings previously had herein, and it appearing that the defendants
having been duly served with the summons and complaint, and that all the defendants herein have
defaulted in pleading, or served a notice of appearance, and no answer or motion having been
directed to the sufficiency of the complaint has been interposed by any of the defendants and their
time to do so has expired except for an answer submitted by Defendant Rosa Asitimbay; and
FURTHER, it appearing that since the filing of the notice of pendency on August 25, 2015,
the complaint has not been amended in any manner whatsoever; and
FURTHER, it appearing that none of the defendants herein is an infant, incompetent or
absentee, and no one other than Defendant Rosa Asitimbay is entitled to notice of this application;
NOW upon motion of McCabe, Weisberg & Conway, LLC, attorneys for plaintiff it is
ORDERED, that the motion for summary judgment is hereby granted against Defendant
Rosa Asitimbay; and it is further
ORDERED, that the Answer interposed by Defendant Rosa Asitimbay is hereby 'stricken
from the record and shall be treated as a limited Notice of Appearance, and it is further
ORDERED, that pursuant to CPLR 3215 that the Plaintiff be granted a default judgment for
the relief demanded in the complaint for those Defendants who were served and have not appeared,
and it is further
ORDERED, that this action be and the same is hereby referred to Esq.,
of , New York
telephone number , as Referee to ascertain and compute the amount due to
1
2 of 5
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018
the plaintiff herein for principal, interest, and other disbursements advanced as provided for in the
note and mortgage, excluding attorney's fees, upon which this action was brought, to examine and
report whether or not the mortgaged premises can be sold in parcels, and that the Referee make
his/her report to the Court with all convenient speed; and it is further
ORDERED, that the Plaintiffs name be changed to Nationstar Mortgage LLC; and it is
further
ORDERED, that the caption be amended by substituting Diana Perez Asitimbay in place of
"John Doe #1", substituting Mercy Perez in place of "John Doe #2", and substituting Juan Carlos
Perez in place of "John Doe #3"; and by striking therefrom the remaining defendants sued herein as
"John Doe #4" to "John Doe 410", all without prejudice to the proceedings heretofore had herein;
and it is further,
ORDERED, that the caption shall read as follows:
!THIS SPACE IS INTENTIONALLY LEFT BLANK]
3 of 5
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF QUEENS Index No: 708940/2015
X
NATIONSTAR MORTGAGE LLC,
Plaintiff,
-against-
PEDRO CARDONA;
MANUEL PEREZ A/K/A MANEUL PEREZ;
ROSA ASITIMBAY;
FISBC MORTGAGE CORPORATION (USA);
COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW
YORK SOCIAL SERVICES DISTRICT;
UNITED STATES OF AMERICA INTERNAL REVENUE _
SERVICE;
NEW YORK CITY ENVIRONMENTAL CONTROL BOARD;
NEW YORK CITY PARKING VIOLATIONS BUREAU
NEW YORK STATE DEPARTMENT OF TAXATION AND
FINANCE;
CRIMINAL COURT OF THE CITY OF NEW YORK;
CAPITAL ONE BANK (USA), N.A.;
ZAHMEL RESTAURANT SUPPLIES CORP. A/K/A ZAHMEL'S
RESTAURANT SUPPLIES CORP.;
CITIMORTGAGE, INC.;
ALLIANCE FUNDING COMPANY, A DIVISION OF SUPERIOR
BANK;
CAPITAL ONE BANK;
DIANA PEREZ ASITIMBAY;
MERCY PEREZ;
JUAN CARLOS PEREZ
Defendants.
and it is further
ORDERED, that the referees computation may be had in any county of the State of New
York; and it is further
ORDERED that, pursuant to CPLR 8003(a) the statutory fee of $50 shall be paid to the
Referee for the computation stage and upon the filing of his/her report; and it is further
ORDERED that the Referee is prohibited from accepting or returning any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief
1
Administrative Judge; and it is further
4 of 5
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018
OfiDERED, that by accepting this appnmic the referee certifies that he/she in
compliance with Part 36 of the Rules of the Chief Judge (22NYCRR Part 36), including, but not
limited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d) ("Limitations
on appointments based upon compensation"); and it is further
ORDERED, that this motion be and the same is hereby granted, and that Plaintiff is awarded
summary judgment for the relief demanded in the complaint, and for such other and further relief as
this Court may deem just and proper.
ENTER
J.S.C.
dQ))
,
1 • . ? „, ÷ 21-1/4LoLzce)•
1-r,-Ast,•.÷Aptct7r-to3 Li—ak(stA_Q9ctsa„
vy„a , .te,to 0-,)1 /4_, ,o_o ._.,* •
aioa: l4s- - /13Z- \4_22buott,,- ,,, 44ficai .
5 of 5
Preview
FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018 At an IAS of the Supreme Court of the State of New York, held in and for the County of Queens at the Courthouse thereof, Supreme Court Building, 88-11 Sutphin Blvd., Queens, New York on the day of ,2017 PRESENT: Honorable J. S .0 . SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF QUEENS X Index No.: 708940/2015 CITIBANK, N.A., AS TRUSTEE FOR BEAR STEARNS ALT-A TRUST 2006-6, ORDER GRANTING Plaintiff, SUMMARY JUDGMENT, DEFAULT JUDGMENT -against- AND APPOINTING REFEREE TO COMPUTE PEDRO CARDONA; MANUEL PEREZ A/K/A MANEUL PEREZ; ROSA ASITIMBAY; Premises: HSBC MORTGAGE CORPORATION (USA); 34-21 100th Street a/k/a COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW 3421 100th Street YORK SOCIAL SERVICES DISTRICT; Corona, New York 11368 UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CRIMINAL COURT OF THE CITY OF NEW YORK; CAPITAL ONE BANK (USA), NA.; ZAHMEL RESTAURANT SUPPLIES CORP A/K/A ZAHMEL'S RESTAURANT SUPPLIES CORP.; CITIMORTGAGE, INC.; ALLIANCE FUNDING COMPANY, A DIVISION OF SUPERIOR BANK; CAPITAL ONE BANK; "JOHN DOE #1" to "JOHN DOE 410," the last 10 names being fictitious and unknown to plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. 1 of 5 FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018 Upon reading and filing the annexed attorney's statement of Heino J. Muller, Esq. dated September 22, 2017, the affidavit of Andre Dickson, sworn to on August 22, 2017, the exhibits annexed thereto, and upon the pleadings previously had herein, and it appearing that the defendants having been duly served with the summons and complaint, and that all the defendants herein have defaulted in pleading, or served a notice of appearance, and no answer or motion having been directed to the sufficiency of the complaint has been interposed by any of the defendants and their time to do so has expired except for an answer submitted by Defendant Rosa Asitimbay; and FURTHER, it appearing that since the filing of the notice of pendency on August 25, 2015, the complaint has not been amended in any manner whatsoever; and FURTHER, it appearing that none of the defendants herein is an infant, incompetent or absentee, and no one other than Defendant Rosa Asitimbay is entitled to notice of this application; NOW upon motion of McCabe, Weisberg & Conway, LLC, attorneys for plaintiff it is ORDERED, that the motion for summary judgment is hereby granted against Defendant Rosa Asitimbay; and it is further ORDERED, that the Answer interposed by Defendant Rosa Asitimbay is hereby 'stricken from the record and shall be treated as a limited Notice of Appearance, and it is further ORDERED, that pursuant to CPLR 3215 that the Plaintiff be granted a default judgment for the relief demanded in the complaint for those Defendants who were served and have not appeared, and it is further ORDERED, that this action be and the same is hereby referred to Esq., of , New York telephone number , as Referee to ascertain and compute the amount due to 1 2 of 5 FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018 the plaintiff herein for principal, interest, and other disbursements advanced as provided for in the note and mortgage, excluding attorney's fees, upon which this action was brought, to examine and report whether or not the mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court with all convenient speed; and it is further ORDERED, that the Plaintiffs name be changed to Nationstar Mortgage LLC; and it is further ORDERED, that the caption be amended by substituting Diana Perez Asitimbay in place of "John Doe #1", substituting Mercy Perez in place of "John Doe #2", and substituting Juan Carlos Perez in place of "John Doe #3"; and by striking therefrom the remaining defendants sued herein as "John Doe #4" to "John Doe 410", all without prejudice to the proceedings heretofore had herein; and it is further, ORDERED, that the caption shall read as follows: !THIS SPACE IS INTENTIONALLY LEFT BLANK] 3 of 5 FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF QUEENS Index No: 708940/2015 X NATIONSTAR MORTGAGE LLC, Plaintiff, -against- PEDRO CARDONA; MANUEL PEREZ A/K/A MANEUL PEREZ; ROSA ASITIMBAY; FISBC MORTGAGE CORPORATION (USA); COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK SOCIAL SERVICES DISTRICT; UNITED STATES OF AMERICA INTERNAL REVENUE _ SERVICE; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY PARKING VIOLATIONS BUREAU NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; CRIMINAL COURT OF THE CITY OF NEW YORK; CAPITAL ONE BANK (USA), N.A.; ZAHMEL RESTAURANT SUPPLIES CORP. A/K/A ZAHMEL'S RESTAURANT SUPPLIES CORP.; CITIMORTGAGE, INC.; ALLIANCE FUNDING COMPANY, A DIVISION OF SUPERIOR BANK; CAPITAL ONE BANK; DIANA PEREZ ASITIMBAY; MERCY PEREZ; JUAN CARLOS PEREZ Defendants. and it is further ORDERED, that the referees computation may be had in any county of the State of New York; and it is further ORDERED that, pursuant to CPLR 8003(a) the statutory fee of $50 shall be paid to the Referee for the computation stage and upon the filing of his/her report; and it is further ORDERED that the Referee is prohibited from accepting or returning any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief 1 Administrative Judge; and it is further 4 of 5 FILED: QUEENS COUNTY CLERK 07/17/2018 01:57 PM INDEX NO. 708940/2015 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 07/17/2018 OfiDERED, that by accepting this appnmic the referee certifies that he/she in compliance with Part 36 of the Rules of the Chief Judge (22NYCRR Part 36), including, but not limited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, that this motion be and the same is hereby granted, and that Plaintiff is awarded summary judgment for the relief demanded in the complaint, and for such other and further relief as this Court may deem just and proper. ENTER J.S.C. dQ)) , 1 • . ? „, ÷ 21-1/4LoLzce)• 1-r,-Ast,•.÷Aptct7r-to3 Li—ak(stA_Q9ctsa„ vy„a , .te,to 0-,)1 /4_, ,o_o ._.,* • aioa: l4s- - /13Z- \4_22buott,,- ,,, 44ficai . 5 of 5