Preview
FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020
F9-P
At a4erm, Part _}_, of the Supreme
Court of the State of New York, held
in and for the County of Kings at the
Courthouse located at 360 Adams
Stree Brooklyn, New York, on
day of March 2020.
P R E S E N T:
J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------- -------------------------------2---------------- --------X
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION
SUCCESSOR IN INTEREST BY PURCHASE FROM THE
DEPOSIT INSURANCE CORPORATION AS RECEIVER OF
WASHINGTON Index No. 506027/2014
MUTUAL BANK FKA WASHINGTON
FA.'
MUTUAL BANK, SUCCESSOR IN INTEREST TO NORTH
AMERICAN MORTGAGE COMPANY, ORDER TO SHOW
CAUSE WITH
. Plaintiff,
TEMPORARY
.against- RESTRAINING ORDER
PETER MCKENZIE; SHERREL FARNSWORTH A/K/A
SHERREL A. FARNSWORTH; JP; JP MORGAN CHASE BANK,
N.A; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN
EXPRESS; FSB, CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW YORK; NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW
.YORK CITY DEPARTMENT OF FINANCE - PARKING
VIOLATIONS BUREAU WILLIAM DOE; AND DANIELLE
MOORE,
Defendants,
--------------------------------- -- -- --- -------------X
UPON reading and filing the Affidavit of SHERREL FARNSWORTH, the Affirmation
in Support of Order to Show Cause of ALAN J. SASSON, Esq., for the defendant SHERREL
FARNSWORTH dated March 11, 2020; Affirmation in Support of Notification of the filing of
this Order to Show Cause ceñ'aiñing a stay and/or restraining order of ALAN J. SASSON, Esq.,
1 of 3
FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020
dated March 11, 2020, and upon allthe prior pleadings and proceedings heretofore had herein, as
well as all Fxhibite annexed and allExhibits hereto annexed to the respective Affidavits
thereto,
and Affirmations in Support of the instant application,
LET the plaintiff or its attornefshow cause at an IAS Part FRP1 thereof, in Room 756 of
the Supreme Court of the State of New York, held in and for the COUNTY OF KINGS, at the
Courthouse thereof, Supreme Court Building, 360 Adams Street, Brooklyn, New York on the
day of , 2020 at /frvC, or as soon as such party or attorney
may be heard, why an order should not be made, granting the Defendant, SHERREL
FARNSWORTH, following relief;to wit:
1. Pursuant to CPLR §2201 granting a stay of the sale of the property located
at 240 Greene Avenue, Brooklyn New York 11238 scheduled for March 12, 2020;
2. Under the equity principles espoused in.Jamaica Sav. Bank v M. S. Inv.
Co., 274 NY 215 (1937) (see also Indymac Bank v. Yano-Horoski, 26 Misc.3d 717, 2009 NY
Slip Op 52333(U), 890 N.Y.S.2d 313 (2009)) to stay the foreclosure sale to fmalize the
"A"
agreement created by SHERREL FARNSWORTH (see Fshibit and "B") resolving the
underlying dispute, outstañding debt and sale and, therefore, this matter in itsentirety.
3. for such other, further and different relief as to the Court may seem just
and proper.
NOW, on motion of ALAN J. SASSON, Esq., attorneys for defendant SHERREL
FARNSWORTH, and upon sufficient cause appearing therefore, itis,
ORDERED, that pending. the hearing and
of this motion, the referee and the plaintiff and its attorney and allpurporting to
b their behalf are hereby TEMPORARILY RESTRAINED from taking any steps to
2 of 3
FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020
auction the subject premises, 240 Greene Avenue, Brooklyn New York 11238 or take any action
. pursuant to it,including but not limited to conducting an auction of the property located at 240
Greene Avenue, Brooklyn New York 1 1238; and, itis further,
v.
Misc.5¢†14,-2009†ñf-
see also indymac Bank v. Yano-lloroski, b
Let ervice of a c y of this o d r together with the papers upon which it is based be
made, on or before the t 1 '
day of 440LRd, 2020 by serving a copy thereof to the
plaintiffs attorneys to Fein Such & Crane, LP, and that such
service be deemed sufficient and to the designated Referee, Joel Abramson, Esq and any other Me
parties entitled to it seedher-
notice; as
iceµmd 14is4urther .
a NYS CF dTeply-papers-en-er-before-the-
day
Te goo er
ENTER:
J.S. .
3 of 3
Preview
FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020 F9-P At a4erm, Part _}_, of the Supreme Court of the State of New York, held in and for the County of Kings at the Courthouse located at 360 Adams Stree Brooklyn, New York, on day of March 2020. P R E S E N T: J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------- -------------------------------2---------------- --------X JP MORGAN CHASE BANK, NATIONAL ASSOCIATION SUCCESSOR IN INTEREST BY PURCHASE FROM THE DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON Index No. 506027/2014 MUTUAL BANK FKA WASHINGTON FA.' MUTUAL BANK, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, ORDER TO SHOW CAUSE WITH . Plaintiff, TEMPORARY .against- RESTRAINING ORDER PETER MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JP; JP MORGAN CHASE BANK, N.A; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS; FSB, CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW .YORK CITY DEPARTMENT OF FINANCE - PARKING VIOLATIONS BUREAU WILLIAM DOE; AND DANIELLE MOORE, Defendants, --------------------------------- -- -- --- -------------X UPON reading and filing the Affidavit of SHERREL FARNSWORTH, the Affirmation in Support of Order to Show Cause of ALAN J. SASSON, Esq., for the defendant SHERREL FARNSWORTH dated March 11, 2020; Affirmation in Support of Notification of the filing of this Order to Show Cause ceñ'aiñing a stay and/or restraining order of ALAN J. SASSON, Esq., 1 of 3 FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020 dated March 11, 2020, and upon allthe prior pleadings and proceedings heretofore had herein, as well as all Fxhibite annexed and allExhibits hereto annexed to the respective Affidavits thereto, and Affirmations in Support of the instant application, LET the plaintiff or its attornefshow cause at an IAS Part FRP1 thereof, in Room 756 of the Supreme Court of the State of New York, held in and for the COUNTY OF KINGS, at the Courthouse thereof, Supreme Court Building, 360 Adams Street, Brooklyn, New York on the day of , 2020 at /frvC, or as soon as such party or attorney may be heard, why an order should not be made, granting the Defendant, SHERREL FARNSWORTH, following relief;to wit: 1. Pursuant to CPLR §2201 granting a stay of the sale of the property located at 240 Greene Avenue, Brooklyn New York 11238 scheduled for March 12, 2020; 2. Under the equity principles espoused in.Jamaica Sav. Bank v M. S. Inv. Co., 274 NY 215 (1937) (see also Indymac Bank v. Yano-Horoski, 26 Misc.3d 717, 2009 NY Slip Op 52333(U), 890 N.Y.S.2d 313 (2009)) to stay the foreclosure sale to fmalize the "A" agreement created by SHERREL FARNSWORTH (see Fshibit and "B") resolving the underlying dispute, outstañding debt and sale and, therefore, this matter in itsentirety. 3. for such other, further and different relief as to the Court may seem just and proper. NOW, on motion of ALAN J. SASSON, Esq., attorneys for defendant SHERREL FARNSWORTH, and upon sufficient cause appearing therefore, itis, ORDERED, that pending. the hearing and of this motion, the referee and the plaintiff and its attorney and allpurporting to b their behalf are hereby TEMPORARILY RESTRAINED from taking any steps to 2 of 3 FILED: KINGS COUNTY CLERK 03/12/2020 03:09 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 251 RECEIVED NYSCEF: 03/12/2020 auction the subject premises, 240 Greene Avenue, Brooklyn New York 11238 or take any action . pursuant to it,including but not limited to conducting an auction of the property located at 240 Greene Avenue, Brooklyn New York 1 1238; and, itis further, v. Misc.5¢†14,-2009†ñf- see also indymac Bank v. Yano-lloroski, b Let ervice of a c y of this o d r together with the papers upon which it is based be made, on or before the t 1 ' day of 440LRd, 2020 by serving a copy thereof to the plaintiffs attorneys to Fein Such & Crane, LP, and that such service be deemed sufficient and to the designated Referee, Joel Abramson, Esq and any other Me parties entitled to it seedher- notice; as iceµmd 14is4urther . a NYS CF dTeply-papers-en-er-before-the- day Te goo er ENTER: J.S. . 3 of 3