On August 06, 2015 a
Order
was filed
involving a dispute between
Luxury Mortgage Corp.,
and
Stephen J. Beninati,
for Commercial (General)
in the District Court of New York County.
Preview
INDEX NO. 652746/2015
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/27/2015
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
present: MON. EILEEN A. RAKOWER PART Ke
Justice
Index Number : 652746/2015
INDEX NO.
LUXURY MORTGAGE CORP.
vs MOTION DATE
BENINATI, STEPHEN J
MOTION SEQ. NO.
Sequence Number : 001
- SUMMARY JUDGMENT/LIEU COMPLAINT
The following papers, numbered 1 to , Were read on this motion to/for
Notice of Motion/Order to Show Cause — Affidavits — Exhibits [ Noss).
Answering Affidavits — Exhibits [ No(s).
Replying Affidavits [Nojs).
Upon the foregoing papers, it is ordered that this motion is
DECIDED IN ACCORDANCE WITH
ACCOMPANYING DECISION / ORDER
ae
2Oo
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Qe
wor, TOWEL J.S.C.
HON. EILEEN A. RAKOWE!
1. CHECK
Qct 27 2015
ONE:.. 3S case DisPoseD (1 NON-FINAL DISPOSITION
2. CHECK AS APPROPRIATE: .MOTION IS: [“] GRANTED (DENIED CIGRANTED IN PART (OTHER
3. CHECK IF APPROPRIATE: CISETTLE ORDER (SUBMIT ORDER
(D0 NoT Post CIFIDUCIARY APPOINTMENT = [_] REFERENCE
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: PART 15
een nnn ene enn eee nen enone een cece cena een n ene K
LUXURY MORTGAGE CORP.,
Index No.
652746/2015
DECISION
Plaintiff, and ORDER
-V- Mot. Seq. 001
STEPHEN J. BENINATI,
Defendant.
ee connec ene en enn ene eee ener enn e ene eee ene nnn enn XK
HON. EILEEN A. RAKOWER, J.S.C.
Plaintiff, Luxury Mortgage Corp. (“Plaintiff”) moves for summary judgment
in lieu of a complaint pursuant to CPLR §3213 against defendant, Stephen J.
Beninati (“Defendant”), upon the ground that the action is based upon a judgment
secured in the State of New Jersey. The underlying action was commenced by
Plaintiff against Defendant in the Superior Court of New Jersey, Law Division:
Ocean County (Docket No. OCN-L-886-14) (the “New Jersey Action”). Plaintiff
submits the affidavit of Robert Grosser, Plaintiff's President, which annexes,
among other documents, a certified copy of the Judgment in the New Jersey Action
in favor of Plaintiff and against Defendant.
Defendant does not oppose.
Based upon the foregoing, it is hereby
ORDERED that Plaintiff’s motion for summary judgment in lieu of
complaint is granted without opposition; and it is further
ORDERED that the Clerk is directed to enter judgment in favor of plaintiff,
and against defendant, Stephen J. Beninati, in the sum of $249,781.16 together
1
with interest thereon, in the amount of $40.36 per day, from June 23, 2014, until
the date of the decision on this motion, and thereafter at the statutory rate, as
calculated by the Clerk, together with costs and disbursements to be taxed by the
Clerk upon submission of an appropriate bill of costs.
This constitutes the decision and order of the Court. All other relief
requested is denied.
Dated: OCTOBER #7 2015
J.S.C.
(OCT 27205 HON. EILEEN A. RAKOWER
Check one: x FINAL DISPOSITION NON-FINAL DISPOSITION
Check if appropriate: C1) DO NOT POST C] REFERENCE
Document Filed Date
October 27, 2015
Case Filing Date
August 06, 2015
Category
Commercial (General)
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INDEX NO. 652746/2015 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/27/2015 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY present: MON. EILEEN A. RAKOWER PART Ke Justice Index Number : 652746/2015 INDEX NO. LUXURY MORTGAGE CORP. vs MOTION DATE BENINATI, STEPHEN J MOTION SEQ. NO. Sequence Number : 001 - SUMMARY JUDGMENT/LIEU COMPLAINT The following papers, numbered 1 to , Were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits [ Noss). Answering Affidavits — Exhibits [ No(s). Replying Affidavits [Nojs). Upon the foregoing papers, it is ordered that this motion is DECIDED IN ACCORDANCE WITH ACCOMPANYING DECISION / ORDER ae 2Oo ws a2 gu Qe wor, TOWEL J.S.C. HON. EILEEN A. RAKOWE! 1. CHECK Qct 27 2015 ONE:.. 3S case DisPoseD (1 NON-FINAL DISPOSITION 2. CHECK AS APPROPRIATE: .MOTION IS: [“] GRANTED (DENIED CIGRANTED IN PART (OTHER 3. CHECK IF APPROPRIATE: CISETTLE ORDER (SUBMIT ORDER (D0 NoT Post CIFIDUCIARY APPOINTMENT = [_] REFERENCE SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 15 een nnn ene enn eee nen enone een cece cena een n ene K LUXURY MORTGAGE CORP., Index No. 652746/2015 DECISION Plaintiff, and ORDER -V- Mot. Seq. 001 STEPHEN J. BENINATI, Defendant. ee connec ene en enn ene eee ener enn e ene eee ene nnn enn XK HON. EILEEN A. RAKOWER, J.S.C. Plaintiff, Luxury Mortgage Corp. (“Plaintiff”) moves for summary judgment in lieu of a complaint pursuant to CPLR §3213 against defendant, Stephen J. Beninati (“Defendant”), upon the ground that the action is based upon a judgment secured in the State of New Jersey. The underlying action was commenced by Plaintiff against Defendant in the Superior Court of New Jersey, Law Division: Ocean County (Docket No. OCN-L-886-14) (the “New Jersey Action”). Plaintiff submits the affidavit of Robert Grosser, Plaintiff's President, which annexes, among other documents, a certified copy of the Judgment in the New Jersey Action in favor of Plaintiff and against Defendant. Defendant does not oppose. Based upon the foregoing, it is hereby ORDERED that Plaintiff’s motion for summary judgment in lieu of complaint is granted without opposition; and it is further ORDERED that the Clerk is directed to enter judgment in favor of plaintiff, and against defendant, Stephen J. Beninati, in the sum of $249,781.16 together 1 with interest thereon, in the amount of $40.36 per day, from June 23, 2014, until the date of the decision on this motion, and thereafter at the statutory rate, as calculated by the Clerk, together with costs and disbursements to be taxed by the Clerk upon submission of an appropriate bill of costs. This constitutes the decision and order of the Court. All other relief requested is denied. Dated: OCTOBER #7 2015 J.S.C. (OCT 27205 HON. EILEEN A. RAKOWER Check one: x FINAL DISPOSITION NON-FINAL DISPOSITION Check if appropriate: C1) DO NOT POST C] REFERENCE