Preview
•I
I
PROPOSED
ROPOSED OR
ORDER
At an IAS Part ____of ofthe Supreme Court of
the State of New York, held in and for the
County of New York, at the Courthouse
thereof, located at 60 Centre Street. New
York, New York on the day of
, 2018
PRESENT HON.
U.S. BANK NA, SUCCESSOR TRUSTEE TO BANK Index No. 850235/2015
OF AMERICA, NA, SUCCESSOR IN INTEREST TO
LASALLE BANK NA, AS TRUSTEE, ON BEHALF OF
THE HOLDERS OF THE WAMU MORTGAGE PASS-
ORDER GRANTING
THROUGH CERTIFICATES, SERIES 2007-HY3, SUMMARY JUDGMENT,
REFERENCEANDOTHER
Plaintiff, RELIEF
-AGAINST-
HOWARD WARSHAW; MIRIAM WARSHAW; THE Premises:
BOARD OF MANAGERS OF THE CHANNEL CLUB 455 East 86th #21E
Street,
CONDOMINIUM HOMEOWNERS ASSOCIATION; New York, New York 10028
FIA CARD SERVICES, N.A.; CITY OF NEW YORK
ENVIRONMENTAL CONTROL BOARD; CITY OF Block: 1566
BUREAU'
NEW YORK PARKING VIOLATIONS BUREAU; Lot: 1140
CITY OF NEW YORK TRANSIT ADJUDICATION
BUREAU, "JOHN DOE", SAID NAME BEING
FICTITIOUS, IT BEING THE INTENTION OF
PLAINTIFF TO DESIGNATE ANY AND ALL
OCCUPANTS OF PREMISES BEING FORECLOSED
HEREIN, AND ANY PARTIES, CORPORATIONS OR
ENTITIES, IF ANY, HAVING OR CLAIMING AN
INTEREST OR LIEN UPON THE MORTGAGED
PREMISES
Defendants.
UPON the Notice of Motion dated June 4, 2018, the Summons, Complaint, and Notice of
Pendency filed in this action on August 3, 2015, and upon the Affirmation of Geraldine A.
Cheverko, Esq. of Eckert Seamans Cherin & Mellott, LLC, counsel for Plaintiff, dated June 1,
25*
2018, the Affidavit of Madison DaRonche, sworn to the day of May, 2018, and it appearing
from the foregoing that this action was brought to foreclose a mortgage encumbering the real
property situated in the County of New York, State of New York located at 455 East 86th Street,
1
#21E, New York, New York 10028 (Block: 1566; Lot: 1140) by reason of certain defaults as
alleged in the Complaint, and it further appearing that all Defendants have been duly served with
a copy of the Summons and Complaint, copies of the affidavits of service which were filed with
the Clerk of this Court and annexed to Plaintiff's motion, and the time to respond to Plaintiff's
Complaint has expired and such time was not extended, and allDefendants having defaulted in
their pleading, and no Answer or objection to the Complaint having been timely served or filed,
except for defendants Miriam Warshaw and Howard Warshaw, who interposed an Answer, and
then withdrew same; and it appearing that no Defendant is an infant, incompetent, or absentee, or
was or is in the military, and that since the filing of the initial Notice of Pendency on August 3,
2015, the Complaint has not been amended in any manner whatsoever and no new Defendants
have been added; on the pleadings and papers heretofore filed herein, and upon no opposition
being received;
NOW, on the motion of Eckert Seamans Cherin 4 Mellott, LLC, attorneys of record for
the Plaintiff, itis
ORDERED, that Plaintiff's motion is granted in its entirety; and itis further
ORDERED, that the caption of this action be amended by excising the defendant named
herein as "John Doe", without prejudice to the proceedings heretofore had herein; and it is
further
ORDERED, that a default judgment in favor of the Plaintiff be granted as against
defendants HOWARD WARSHAW; MIRIAM WARSHAW; THE BOARD OF MANAGERS
OF THE CHANNEL CLUB CONDOMINIUM HOMEOWNERS ASSOCIATION; FIA CARD
SERVICES, N.A.; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; CITY
OF NEW YORK PARKING VIOLATIONS BUREAU; CITY OF NEW YORK TRANSIT
ADJUDICATION BUREAU, ; and itis further
ORDERED, that the caption of this action, as amended, shall read as follows:
2
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
U.S. BANK NA, SUCCESSOR TRUSTEE TO BANK Index No. 850235/2015
OF AMERICA, NA, SUCCESSOR IN INTEREST TO
LASALLE BANK NA, AS TRUSTEE, ON BEHALF OF
THE HOLDERS OF THE WAMU MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2007-HY3,
Plaintiff,
-AGAINST-
HOWARD WARSHAW; MIRIAM WARSHAW; THE
BOARD OF MANAGERS OF THE CHANNEL CLUB
CONDOMINIUM HOMEOWNERS ASSOCIATION;
FIA CARD SERVICES, N.A.; CITY OF NEW YORK
ENVIRONMENTAL CONTROL BOARD; CITY OF
NEW YORK PARKING VIOLATIONS BUREAU;
CITY OF NEW YORK TRANSIT ADJUDICATION
BUREAU, "JOHN DOE", SAID NAME BEING
FICTITIOUS, IT BEING THE INTENTION OF
PLAINTIFF TO DESIGNATE ANY AND ALL
OCCUPANTS OF PREMISES BEING FORECLOSED
HEREIN, AND ANY PARTIES, CORPORATIONS OR
ENTITIES, IF ANY, HAVING OR CLAIMING AN
INTEREST OR LIEN UPON THE MORTGAGED
PREMISES,
Defendants.
;and itis further
ORDERED, that this action be, and the same is hereby referred to
, with an address of
telephone number , as Referee to ascertain and compute the amount
due to the Plaintiff herein for principal, interest, water and sewer fees, insurance premiums,
taxes, and other disbursements advanced as provided for by statute and in the note and mortgage
upon which this action was brought, to examine and report whether or not the mortgaged
3
premises should be sold in parcels, and that the Referee make his/her report no later than sixty
(60) days of the date of this order and that, except for good cause shown, the Plaintiff shall move
for judgment no later than sixty (60) days of the date of the Referee's report; and itis further
ORDERED, that upon submission of the Referee's Report, Plaintiff shall pay $250.00 to
the Referee as compensation for his/her services, which sum may be recouped as a cost of
litigation; and itis further
ORDERED, that the Refbree appointed herein is subject to the requirements of Rule
36.2(c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment
pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith;
and itis further
ORDERED, that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not
limited to, Section 36.2(e) ("Disqualifications from appointment"), and Section 36.2(d)
("
("Limitations on appointments based upon compensation"); and itis further
ORDERED, that if required, said Referee take testimony pursuant to RPAPL 1321; and it
is further
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
designated Referee, the owner of the equity of redemption, any tenants named in this action and
any other party entitled to notice within twenty (20) days of entry and no less than thirty (30)
days prior to any hearing before the Referee. The Referee shall not proceed to take evidence as
4
provided herein without proof of such service, which proof must accompany any application for
Final Judgment of Foreclosure and Sale.
Dated: E N T E R
HON.
5
Preview
•I I PROPOSED ROPOSED OR ORDER At an IAS Part ____of ofthe Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse thereof, located at 60 Centre Street. New York, New York on the day of , 2018 PRESENT HON. U.S. BANK NA, SUCCESSOR TRUSTEE TO BANK Index No. 850235/2015 OF AMERICA, NA, SUCCESSOR IN INTEREST TO LASALLE BANK NA, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS- ORDER GRANTING THROUGH CERTIFICATES, SERIES 2007-HY3, SUMMARY JUDGMENT, REFERENCEANDOTHER Plaintiff, RELIEF -AGAINST- HOWARD WARSHAW; MIRIAM WARSHAW; THE Premises: BOARD OF MANAGERS OF THE CHANNEL CLUB 455 East 86th #21E Street, CONDOMINIUM HOMEOWNERS ASSOCIATION; New York, New York 10028 FIA CARD SERVICES, N.A.; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; CITY OF Block: 1566 BUREAU' NEW YORK PARKING VIOLATIONS BUREAU; Lot: 1140 CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU, "JOHN DOE", SAID NAME BEING FICTITIOUS, IT BEING THE INTENTION OF PLAINTIFF TO DESIGNATE ANY AND ALL OCCUPANTS OF PREMISES BEING FORECLOSED HEREIN, AND ANY PARTIES, CORPORATIONS OR ENTITIES, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PREMISES Defendants. UPON the Notice of Motion dated June 4, 2018, the Summons, Complaint, and Notice of Pendency filed in this action on August 3, 2015, and upon the Affirmation of Geraldine A. Cheverko, Esq. of Eckert Seamans Cherin & Mellott, LLC, counsel for Plaintiff, dated June 1, 25* 2018, the Affidavit of Madison DaRonche, sworn to the day of May, 2018, and it appearing from the foregoing that this action was brought to foreclose a mortgage encumbering the real property situated in the County of New York, State of New York located at 455 East 86th Street, 1 #21E, New York, New York 10028 (Block: 1566; Lot: 1140) by reason of certain defaults as alleged in the Complaint, and it further appearing that all Defendants have been duly served with a copy of the Summons and Complaint, copies of the affidavits of service which were filed with the Clerk of this Court and annexed to Plaintiff's motion, and the time to respond to Plaintiff's Complaint has expired and such time was not extended, and allDefendants having defaulted in their pleading, and no Answer or objection to the Complaint having been timely served or filed, except for defendants Miriam Warshaw and Howard Warshaw, who interposed an Answer, and then withdrew same; and it appearing that no Defendant is an infant, incompetent, or absentee, or was or is in the military, and that since the filing of the initial Notice of Pendency on August 3, 2015, the Complaint has not been amended in any manner whatsoever and no new Defendants have been added; on the pleadings and papers heretofore filed herein, and upon no opposition being received; NOW, on the motion of Eckert Seamans Cherin 4 Mellott, LLC, attorneys of record for the Plaintiff, itis ORDERED, that Plaintiff's motion is granted in its entirety; and itis further ORDERED, that the caption of this action be amended by excising the defendant named herein as "John Doe", without prejudice to the proceedings heretofore had herein; and it is further ORDERED, that a default judgment in favor of the Plaintiff be granted as against defendants HOWARD WARSHAW; MIRIAM WARSHAW; THE BOARD OF MANAGERS OF THE CHANNEL CLUB CONDOMINIUM HOMEOWNERS ASSOCIATION; FIA CARD SERVICES, N.A.; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; CITY OF NEW YORK PARKING VIOLATIONS BUREAU; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU, ; and itis further ORDERED, that the caption of this action, as amended, shall read as follows: 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK U.S. BANK NA, SUCCESSOR TRUSTEE TO BANK Index No. 850235/2015 OF AMERICA, NA, SUCCESSOR IN INTEREST TO LASALLE BANK NA, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-HY3, Plaintiff, -AGAINST- HOWARD WARSHAW; MIRIAM WARSHAW; THE BOARD OF MANAGERS OF THE CHANNEL CLUB CONDOMINIUM HOMEOWNERS ASSOCIATION; FIA CARD SERVICES, N.A.; CITY OF NEW YORK ENVIRONMENTAL CONTROL BOARD; CITY OF NEW YORK PARKING VIOLATIONS BUREAU; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU, "JOHN DOE", SAID NAME BEING FICTITIOUS, IT BEING THE INTENTION OF PLAINTIFF TO DESIGNATE ANY AND ALL OCCUPANTS OF PREMISES BEING FORECLOSED HEREIN, AND ANY PARTIES, CORPORATIONS OR ENTITIES, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PREMISES, Defendants. ;and itis further ORDERED, that this action be, and the same is hereby referred to , with an address of telephone number , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, water and sewer fees, insurance premiums, taxes, and other disbursements advanced as provided for by statute and in the note and mortgage upon which this action was brought, to examine and report whether or not the mortgaged 3 premises should be sold in parcels, and that the Referee make his/her report no later than sixty (60) days of the date of this order and that, except for good cause shown, the Plaintiff shall move for judgment no later than sixty (60) days of the date of the Referee's report; and itis further ORDERED, that upon submission of the Referee's Report, Plaintiff shall pay $250.00 to the Referee as compensation for his/her services, which sum may be recouped as a cost of litigation; and itis further ORDERED, that the Refbree appointed herein is subject to the requirements of Rule 36.2(c) of the Chief Judge, and if the Referee is disqualified from receiving an appointment pursuant to the provision of that Rule, the Referee shall notify the Appointing Judge forthwith; and itis further ORDERED, that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCCR Part 36), including but not limited to, Section 36.2(e) ("Disqualifications from appointment"), and Section 36.2(d) (" ("Limitations on appointments based upon compensation"); and itis further ORDERED, that if required, said Referee take testimony pursuant to RPAPL 1321; and it is further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the designated Referee, the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice within twenty (20) days of entry and no less than thirty (30) days prior to any hearing before the Referee. The Referee shall not proceed to take evidence as 4 provided herein without proof of such service, which proof must accompany any application for Final Judgment of Foreclosure and Sale. Dated: E N T E R HON. 5