On July 02, 2015 a
Motion-Secondary
was filed
involving a dispute between
Nationstar Mortgage Llc,
and
Bonnie L. Locking,
Harlan T. Locking,
John Doe "John Doe # 1 Through John Doe # 12, " The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premi,
for Foreclosure (residential mortgage)
in the District Court of Erie County.
Preview
INDEX NO. 808105/2015
FILED: ERIE COUNTY CLERK 03/17/2017 09:10 AM
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 03/17/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
nner eee nena eene nna nenennnnemeneeee,
AFFIRMATION IN SUPPORT
NATIONSTAR MORTGAGE LLC, OF DISCONTINUANCE OF
ACTION, CANCELLATION
OF NOTICE OF PENDENCY
Plaintiff, AND VACATUR OF
JUDGMENT OF
VS. FORECLOSURE AND SALE
INDEX NO. 808105/2015
BONNIE L. LOCKING; HARLAN T. LOCKING;
AMY DZIADASZEK, MORTGAGED PREMISES:
24 LORRAINE AVENUE
BUFFALO, NY 14220
Defendants.
Section: 133.4
Block: 5
weet en ee en ene nnn eee nena memen enna
Lot: 55
Daniel Greenbaum, Esq., pursuant to CPLR 2106, and under the penalties of perjury,
affirms as follows:
1 I am an attorney at law, and an associate with the law firm of RAS Boriskin, LLC,
the attorneys of record for the Plaintiff in the within mortgage foreclosure action. As such, I am
fully familiar with the facts and circumstances of this case and the proceedings heretofore had
herein.
2. This action was commenced to foreclose a mortgage on real property known as 24
LORRAINE AVENUE BUFFALO, NY 14220, Section 133.4, Block 5, Lot 55.
3. That the Summons, Complaint, and Notice of Pendency were filed in the Office of
the Erie County Clerk on July 2, 2015.
4. All of the Defendants have received notice of this application.
5. By order of this court, Keith B. Schulefand, Esq. was appointed Referee and has
received notice of this application.
1 of 2
INDEX NO. 808105/2015
FILED: ERIE COUNTY CLERK 03/17/2017 09:10 AM
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 03/17/2017
6. A Judgment of Foreclosure and Sale was granted by this Court on June 24, 2016, and
duly entered in the Office of the Clerk of the County of Erie on June 29, 2016.
7. Plaintiff requests that this action, and all causes of action alleged herein, be
discontinued and that any and all counterclaims and cross claims be dismissed as the subject loan
has been paid off in its entirety.
8. No party is an infant or an incompetent person for whom a conservatee has been
appointed. All persons having an interest in the subject matter in the action are named parties in
this action.
9. No prior application has been made for the same or similar relief as requested herein.
WHEREFORE, your affirmant prays for an order of this Court discontinuing the instant
action, cancelling the Notice of Pendency, vacating the Judgment of Foreclosure and Sale, and
for such other and further relief as the Court may deem just, equitable, and proper.
DATED: Westbury, New York
March + 2017
WL
Daniel Greenbaum, Esq.
2 of 2
Document Filed Date
March 17, 2017
Case Filing Date
July 02, 2015
Category
Foreclosure (residential mortgage)
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INDEX NO. 808105/2015 FILED: ERIE COUNTY CLERK 03/17/2017 09:10 AM NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 03/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE nner eee nena eene nna nenennnnemeneeee, AFFIRMATION IN SUPPORT NATIONSTAR MORTGAGE LLC, OF DISCONTINUANCE OF ACTION, CANCELLATION OF NOTICE OF PENDENCY Plaintiff, AND VACATUR OF JUDGMENT OF VS. FORECLOSURE AND SALE INDEX NO. 808105/2015 BONNIE L. LOCKING; HARLAN T. LOCKING; AMY DZIADASZEK, MORTGAGED PREMISES: 24 LORRAINE AVENUE BUFFALO, NY 14220 Defendants. Section: 133.4 Block: 5 weet en ee en ene nnn eee nena memen enna Lot: 55 Daniel Greenbaum, Esq., pursuant to CPLR 2106, and under the penalties of perjury, affirms as follows: 1 I am an attorney at law, and an associate with the law firm of RAS Boriskin, LLC, the attorneys of record for the Plaintiff in the within mortgage foreclosure action. As such, I am fully familiar with the facts and circumstances of this case and the proceedings heretofore had herein. 2. This action was commenced to foreclose a mortgage on real property known as 24 LORRAINE AVENUE BUFFALO, NY 14220, Section 133.4, Block 5, Lot 55. 3. That the Summons, Complaint, and Notice of Pendency were filed in the Office of the Erie County Clerk on July 2, 2015. 4. All of the Defendants have received notice of this application. 5. By order of this court, Keith B. Schulefand, Esq. was appointed Referee and has received notice of this application. 1 of 2 INDEX NO. 808105/2015 FILED: ERIE COUNTY CLERK 03/17/2017 09:10 AM NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 03/17/2017 6. A Judgment of Foreclosure and Sale was granted by this Court on June 24, 2016, and duly entered in the Office of the Clerk of the County of Erie on June 29, 2016. 7. Plaintiff requests that this action, and all causes of action alleged herein, be discontinued and that any and all counterclaims and cross claims be dismissed as the subject loan has been paid off in its entirety. 8. No party is an infant or an incompetent person for whom a conservatee has been appointed. All persons having an interest in the subject matter in the action are named parties in this action. 9. No prior application has been made for the same or similar relief as requested herein. WHEREFORE, your affirmant prays for an order of this Court discontinuing the instant action, cancelling the Notice of Pendency, vacating the Judgment of Foreclosure and Sale, and for such other and further relief as the Court may deem just, equitable, and proper. DATED: Westbury, New York March + 2017 WL Daniel Greenbaum, Esq. 2 of 2