Preview
At IAS Part of the
Supreme Court of the State of
New York, held in and for the
County of New York, at the
New York County Court House,
60 Centre Street, New York,
New York 10007, on the ___
day of , 2020.
P R E S E N T:
The Hon. __, Justice.
- --- - --- --- - - ---- ---- -- -- - -- - - --- - -- - - - X
NYCTL 1998-2 TRUST and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian Index No. 156985/19
for the NYCTL 1998-2 Trust,
Plaintiffs,
- against -
CHONG SANG KIM; LISA S. KIM; SONIA S. KIM;
THE CITY OF NEW YORK - PARKING
VIOLATIONS BUREAU; THE CITY OF NEW
YORK - ENVIRONMENTAL CONTROL BOARD;
THE CITY OF NEW YORK - TRANSIT
ADJUDICATION BUREAU; THE BOARD OF
MANAGERS OF THE 325 FIFTH AVENUE
CONDOMINIUM;
1"
and "JOHN DOE No. through "JOHN DOE No.
100", inclusive, the names of the last 100 defendants, [PROPOSED]
being fictitious, the true names of said defendants ORDER OF
being unknown to plaintiffs, itbeing intended to REFERENCE
designate fee owners, tenants, or occupants of the
liened premises and/or persons or parties having or
claiming an interest in or lien upon the liened
premises, if the aforesaid individual defendants are
living, and if any or all of said individual defendants
be dead, their heirs at law, next of kin, distributees,
executors, administrators, trustees, committees,
devisees, legatees, and the assignees, lienors,
creditors and successors in interest of them, and
generally all persons having or claiming under,
by, through, or against said defendants named as a
class, of any right, title or interest in or lien upon the
premises described in the complaint herein,
Defendants.
- -- - - -- - - --------------------- - -- - - -- - - X
ON the Summons, Complaint and Notice of Pendency of this action duly
filed in the Office of the Clerk of the County of New York on July 17, 2019, and due proof
that all named defendants have been duly served with said process or have voluntarily
appeared in this action; and
UPON reading and filing the Notice of Motion dated February 4, 2020, the
Affirmation of Regularity of David P. Stich, Esq., attorney for plaintiff herein, dated January
February 4, 2020, and the exhibits annexed thereto; the Affidavit of Joseph Smith, sworn to
January 30, 2020, and the exhibits annexed thereto, showing what proceedings had
heretofore been had herein, and all papers on file in this action and due deliberation having
been had thereon;
NOW, on motion of David P. Stich, Esq., attorney for plaintiff, itis hereby,
ORDERED, that the application is granted without opposition; and itis
further
ORDERED, that is action be, and the same hereby is,referred to
__ of
as Referee to ascertain and compute
the amount due to Plaintiff on the Tax Lien upon which this action was brought, to examine
and report whether or not the premises can be sold in parcels, and that the Referee make
his/her report to the Court with all convenient speed; and itis further
ORDERED, that upon submission of the Referee's Report, Plaintiffs shall pay
-2-
$350.00 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 Referee appointed herein in subject to the requirements of Rule
36.2(c) of the Chief Judge, and ifthe Referee is disqualified from receiving an appointment
pursuant to the provisions of that Rule, the Referee shall notify the appointing Justice
forthwith; and itis further
ORDERED, that the caption of this action be amended by striking therefrom
1"
defendants "JOHN DOE No. through "JOHN DOE No. 100", all without prejudice to the
proceedings heretofore had herein; and itis further
ORDERED, that the titleof the action, as amended, shall henceforth read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------- ------------------- ---- - -- - - -- -X
NYCTL 1998-2 TRUST and THE BANK OF NEW
YORK MELLON as Collateral Agent and Custodian Index No. 156985/2019
for the NYCTL 1998-2 Trust,
Plaintiffs,
- against -
CHONG SANG KIM; LISA S. KIM; SONIA S. KIM;
THE CITY OF NEW YORK - PARKING
VIOLATIONS BUREAU; THE CITY OF NEW
YORK - ENVIRONMENTAL CONTROL BOARD;
THE CITY OF NEW YORK - TRANSIT
ADJUDICATION BUREAU; THE BOARD OF
MANAGERS OF THE 325 FIFTH AVENUE
CONDOMINIUM;
Defendants.
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-3-
and itis further
ORDERED, that a copy of this Order with Notice of Entry shall be served upon the
owner of the equity of redemption, any tenants named in this action and any other party
entitled to notice.
E N T E R,
J.S.C.
- 4 -
Preview
At IAS Part of the Supreme Court of the State of New York, held in and for the County of New York, at the New York County Court House, 60 Centre Street, New York, New York 10007, on the ___ day of , 2020. P R E S E N T: The Hon. __, Justice. - --- - --- --- - - ---- ---- -- -- - -- - - --- - -- - - - X NYCTL 1998-2 TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian Index No. 156985/19 for the NYCTL 1998-2 Trust, Plaintiffs, - against - CHONG SANG KIM; LISA S. KIM; SONIA S. KIM; THE CITY OF NEW YORK - PARKING VIOLATIONS BUREAU; THE CITY OF NEW YORK - ENVIRONMENTAL CONTROL BOARD; THE CITY OF NEW YORK - TRANSIT ADJUDICATION BUREAU; THE BOARD OF MANAGERS OF THE 325 FIFTH AVENUE CONDOMINIUM; 1" and "JOHN DOE No. through "JOHN DOE No. 100", inclusive, the names of the last 100 defendants, [PROPOSED] being fictitious, the true names of said defendants ORDER OF being unknown to plaintiffs, itbeing intended to REFERENCE designate fee owners, tenants, or occupants of the liened premises and/or persons or parties having or claiming an interest in or lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and the assignees, lienors, creditors and successors in interest of them, and generally all persons having or claiming under, by, through, or against said defendants named as a class, of any right, title or interest in or lien upon the premises described in the complaint herein, Defendants. - -- - - -- - - --------------------- - -- - - -- - - X ON the Summons, Complaint and Notice of Pendency of this action duly filed in the Office of the Clerk of the County of New York on July 17, 2019, and due proof that all named defendants have been duly served with said process or have voluntarily appeared in this action; and UPON reading and filing the Notice of Motion dated February 4, 2020, the Affirmation of Regularity of David P. Stich, Esq., attorney for plaintiff herein, dated January February 4, 2020, and the exhibits annexed thereto; the Affidavit of Joseph Smith, sworn to January 30, 2020, and the exhibits annexed thereto, showing what proceedings had heretofore been had herein, and all papers on file in this action and due deliberation having been had thereon; NOW, on motion of David P. Stich, Esq., attorney for plaintiff, itis hereby, ORDERED, that the application is granted without opposition; and itis further ORDERED, that is action be, and the same hereby is,referred to __ of as Referee to ascertain and compute the amount due to Plaintiff on the Tax Lien upon which this action was brought, to examine and report whether or not the premises can be sold in parcels, and that the Referee make his/her report to the Court with all convenient speed; and itis further ORDERED, that upon submission of the Referee's Report, Plaintiffs shall pay -2- $350.00 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 Referee appointed herein in subject to the requirements of Rule 36.2(c) of the Chief Judge, and ifthe Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall notify the appointing Justice forthwith; and itis further ORDERED, that the caption of this action be amended by striking therefrom 1" defendants "JOHN DOE No. through "JOHN DOE No. 100", all without prejudice to the proceedings heretofore had herein; and itis further ORDERED, that the titleof the action, as amended, shall henceforth read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------- ------------------- ---- - -- - - -- -X NYCTL 1998-2 TRUST and THE BANK OF NEW YORK MELLON as Collateral Agent and Custodian Index No. 156985/2019 for the NYCTL 1998-2 Trust, Plaintiffs, - against - CHONG SANG KIM; LISA S. KIM; SONIA S. KIM; THE CITY OF NEW YORK - PARKING VIOLATIONS BUREAU; THE CITY OF NEW YORK - ENVIRONMENTAL CONTROL BOARD; THE CITY OF NEW YORK - TRANSIT ADJUDICATION BUREAU; THE BOARD OF MANAGERS OF THE 325 FIFTH AVENUE CONDOMINIUM; Defendants. - -- - - - -- - - ----------- -- --- - -- - - -- - - -- - - X -3- and itis further ORDERED, that a copy of this Order with Notice of Entry shall be served upon the owner of the equity of redemption, any tenants named in this action and any other party entitled to notice. E N T E R, J.S.C. - 4 -