On July 29, 2015 a
Motion-Secondary
was filed
involving a dispute between
Hsbc Bank Usa, N.A.,
and
Frank Palermo,
Ingrid Cognetta,
Isabella Palermo,
Nicholas Palermo,
Ronald Palermo,
for Foreclosure (residential mortgage)
in the District Court of Richmond County.
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FILED: RICHMOND COUNTY CLERK 09/17/2018 02:46 PM INDEX NO. 135718/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/17/2018
SUPREME COURT THE STATE OF NEW YORK:
COUNTY OF RICHMOND
---------------------------------------------------X
HSBC BANK USA, N.A. Index No. 135718/2015
Plaintiff. AFFIRMATION IN SUPPORT OF
MOTION TO DISCONTINUE
-against- VACATE JUDGMENT
ACTION,
AND CANCEL LIS PENDENS
RONALD PALERMO
ISABELLA PALERMO
INGRID COGNETTA
FRANK PALERMO
NICHOLAS PALERMO
Defendants.
---------------------------------------------------------X
ROBERT A. MEYERSON, ESQ., to CPLR Section 2106[NYCLS] and under the penalties of
perjury affirms as follows:
1. Iam an attorney at law and am an associate the firm of McCabe, Weisberg & Conway,
LLC, the attorneys of record for the plaintiff in the within action, and as such am fully familiar
with the facts of this case and the proceedings heretofore had herein. I submit this affirmation in
support of an order pursuant to CPLR Section 6514(d)[NYCLS] to cancel the notice of
pendency heretofore filed herein and to discontinue the within action without prejudice.
2. Heretofore, this action was instituted by service of a summons and complaint upon all
defendants, all of which more fully appears from the affidavits of service heretofore filed herein.
(Exhibit A).
3. Plaintiff avers that itis in the best interests of all parties and in the interests of judicial
economy to discontinue the action and cancel the notice of pendency heretofore filed in the
Office of the County Clerk of the County of Richmond on July 29, 2015 (Exhibit B), and to
1 of 2
FILED: RICHMOND COUNTY CLERK 09/17/2018 02:46 PM INDEX NO. 135718/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/17/2018
vacate the final judgment of foreclosure and sale entered herein on September 6, 2018 (Exhibit
C). This action is being discontinued due to a loan modification.
4. The within action is not on the calendar.
5. No similar requests have been made for the relief sought herein.
WHEREFORE, itis respectfully prayed that the order of this Court issue discontinuing
the action without prejudice, vacating the final judgment, and canceling the notice of pendency
heretofore filed herein without cost to any of the parties.
Dated: Melville, Ne York
,2018
McCABE, WE BERG & CONWAY, LLC
By:
ROBERT A. MEYERSON
Attorneys for Plaintiff
145 Huguenot Street, Suite 210
New Rochelle, NY 10801
914-636-8900
914-636-8901 facsimile
2 of 2
Preview
FILED: RICHMOND COUNTY CLERK 09/17/2018 02:46 PM INDEX NO. 135718/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/17/2018 SUPREME COURT THE STATE OF NEW YORK: COUNTY OF RICHMOND ---------------------------------------------------X HSBC BANK USA, N.A. Index No. 135718/2015 Plaintiff. AFFIRMATION IN SUPPORT OF MOTION TO DISCONTINUE -against- VACATE JUDGMENT ACTION, AND CANCEL LIS PENDENS RONALD PALERMO ISABELLA PALERMO INGRID COGNETTA FRANK PALERMO NICHOLAS PALERMO Defendants. ---------------------------------------------------------X ROBERT A. MEYERSON, ESQ., to CPLR Section 2106[NYCLS] and under the penalties of perjury affirms as follows: 1. Iam an attorney at law and am an associate the firm of McCabe, Weisberg & Conway, LLC, the attorneys of record for the plaintiff in the within action, and as such am fully familiar with the facts of this case and the proceedings heretofore had herein. I submit this affirmation in support of an order pursuant to CPLR Section 6514(d)[NYCLS] to cancel the notice of pendency heretofore filed herein and to discontinue the within action without prejudice. 2. Heretofore, this action was instituted by service of a summons and complaint upon all defendants, all of which more fully appears from the affidavits of service heretofore filed herein. (Exhibit A). 3. Plaintiff avers that itis in the best interests of all parties and in the interests of judicial economy to discontinue the action and cancel the notice of pendency heretofore filed in the Office of the County Clerk of the County of Richmond on July 29, 2015 (Exhibit B), and to 1 of 2 FILED: RICHMOND COUNTY CLERK 09/17/2018 02:46 PM INDEX NO. 135718/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/17/2018 vacate the final judgment of foreclosure and sale entered herein on September 6, 2018 (Exhibit C). This action is being discontinued due to a loan modification. 4. The within action is not on the calendar. 5. No similar requests have been made for the relief sought herein. WHEREFORE, itis respectfully prayed that the order of this Court issue discontinuing the action without prejudice, vacating the final judgment, and canceling the notice of pendency heretofore filed herein without cost to any of the parties. Dated: Melville, Ne York ,2018 McCABE, WE BERG & CONWAY, LLC By: ROBERT A. MEYERSON Attorneys for Plaintiff 145 Huguenot Street, Suite 210 New Rochelle, NY 10801 914-636-8900 914-636-8901 facsimile 2 of 2