On June 29, 2016 a
Motion-Secondary
was filed
involving a dispute between
Cit Bank, N.A.,
and
1761 Rockaway Associates Llc,
Albert Edward As Heir And Distributee Of The Estate Of Dorothy U. Jordan If Living, And If She He Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon
The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely:,
Blanche Wier As Heir And Distributee Of The Estate Of Dorothy U. Jordan If Living, And If She He Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon
Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation,
Criminal Court Of The City Of New York,
Dorothy U. Jordan,
Internal Revenue Service,
Itria Ventures Llc,
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 Premises, Described In The Complaint,
Kings Supreme Court,
Nyc C Transit Adjudication Bureau,
Nyc Environmental Control Board,
Ny State Dept Of Taxation And Finance,
Patricia Winter As Heir And Distributee Of The Estate Of Dorothy U. Jordan If Living, And If She He Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property
Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation,
Patson Agard,
Phillip Neale As Heir And Distributee Of The Estate Of Dorothy U. Jordan; Unknown Heirs And Distributees Of The Estate Of Dorothy U. Jordan, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General
Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely:,
Secretary Of Housing And Urban Development,
Tony Edwards As Heir And Distributee Of The Estate Of Dorothy U. Jordan If Living, And If She He Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon
The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely:,
Workers' Compensation Board Of Ny State,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Preview
At IAS ____ of the Supreme Court of
the State ofNew York, held in and for
the County of KINGS at the
Courthouse thereof, 360 Adams
Street Brooklyn, NY 11201 on the
day of
201__.
P R E S E N T:
Honorable
J.S.C.
--------------------------------------------------------------------X Index No.: 511082/2016
CIT BANK, N.A.,
ORDER GRANTING
SUMMARY JUDGMENJ
DEFAULT JUDGMENT
AND APPOINTING
REFEREE TO COMPUTE
Plaintiff,
vs.
Premises:
DOROTHY U. JORDAN; PATSON AGARD; 5103 AVENUE H
SECRETARY OF HOUSING AND URBAN BROOKLYN, NY 11234
DEVELOPMENT,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
name being fictitious and unknown to plaintiff, the persons or
parties intended being the tenants, occupants, persons or
corporations, ifany, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendants.
-_____ __.---------------------··----------------------¬---------------X
Upon reading and filing of the Attorney Affirmation of Corey Vincent, Esq. dated June 24,
2019, the Affidavit of STEVE IRWIN, sworn on May 06, 2019, the exhibits annexed thereto, and
upon the pleadings previously had herein, and it appearing that the Defendants having been duly
served with the Summons and Complaint, and that all the Defendants herein have defaulted in
pleading, or served a notice of appearance, and no Answer or Motion having been directed to the
sufficiêñcy of the Complaiñt has been interposed by any of the Defendants and their time to do so
|llll111111111111111111Il11A1111 IHIIAllHMillllEllIllIllIIAllllAA IlllAAlllIIIIIlNIIII
16-046252 -VaG
has expired, with the exceptica of the Answer filed by Defendant Non-Borrower, PATSON
AGARD; and
Further, itappearing that the ComplMnt has not been amended in any manner whatsoever;
and
it that none of the Dafandanto herein is an incompetent or
Further, appearing infant,
absentee;
Further, upon motion by RAS Boriskin, LLC, itsattorneys for Plaintiff itis
Ordered, that Plaintiff is awarded summary judgment granting the relief sought in the
complaint; and itis further
Ordered, that the Answer interposed by Defendant Non-Borrower, PATSON AGARD, is
hereby stricken from the record and shall be treated as a limited notice of appearance; and it is
further
Ordered, that pursuant to CPLR §3215 that the Plaintiff be granted a Default Judgment
for the relief demanded in the Complaint against the remaining defendants; and itis further
Ordered, that this action be and the same is hereby referred to
, Esq., of , ,
, telephone number , as
Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and
attorneys'
other disbursements advanced as provided for in the Note and Mortgage, excluding fees,
upon which this action as brought, to examine and report whether or not the Mortgaged premises
can be sold in parcels, and that the Referee make his/her report to the Court with all convenient
speed; and itis further
16-046252 - VaG
Ordered, that the caption be smanded by substituting BANK OF NEW YORK MELLON
TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT
SERIES I TRUST in lieu of Plaintiff
by substituting PHILLIP NEAL and CHERON LINDSEY
#1" #2"
for "JOHN DOE through "JOHN DOE and by striking DOROTHY U. JORDAN and
#3" #12,"
"JOHN DOE through "JOHN DOE all without prejudice to the proceedings heretofore
had herein; and itis further,
Ordered, that the caption as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------X INDEX NO. 511082/2016
BANK OF NEW YORK MELLON TRUST COMPANY,
N.A. AS TRUSTEE FOR MORTGAGE ASSETS
MANAGEMENT SERIES I TRUST,
Plaintiff, Premises:
5103 AVENUE H
vs. BROOKLYN, NY 11234
PATSON ASGARD; SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; PHILLIP NEAL; CHERON
LINDSEY,
Defendants.
----------------------------------------
-------------------------------X
and itis further
Ordered, that the referee's computation may be had in any county of the State of New
York; and itis further
Ordered that, pursuant to CPLR § 8003(a) shall be
paid to the Referee for the computadons stage and upon filing of his/her report; and itis further
16-046252 - VaG
Ordered that the Referee is prohibited from accepting or returning any funds for
him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the
Chief Administrative Judge; and it isfurther
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 NYCRR Part 36), including, but not
limited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d)
("Limitations on appointmeñts based on compensation"); and itis further
Ordered, that this motion be and the same is hereby grañted, and that Plaintiff is awarded
Summary Judgment for the relief demanded in the Complaint.
E N T E R:
J.S.C.
16-046252 - VaG
Index No.: 511082/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CIT BANK, N.A.,
Plaintiff,
vs.
DOROTHY U. JORDAN; PATSON AGARD; SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve name being fictitious and unknown
to plaintiff the persons or parties intended the occupâñts, persons or
being tenants, corporations,
if any, having or claiming an interest in or lien upon the premises, described in the complaint,
Defendants.
_________-________________________-______________________
PROPOSED ORDER
RAS Boriskin, LLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
__________________________-__________________________
16-046252 - VaG
Preview
At IAS ____ of the Supreme Court of the State ofNew York, held in and for the County of KINGS at the Courthouse thereof, 360 Adams Street Brooklyn, NY 11201 on the day of 201__. P R E S E N T: Honorable J.S.C. --------------------------------------------------------------------X Index No.: 511082/2016 CIT BANK, N.A., ORDER GRANTING SUMMARY JUDGMENJ DEFAULT JUDGMENT AND APPOINTING REFEREE TO COMPUTE Plaintiff, vs. Premises: DOROTHY U. JORDAN; PATSON AGARD; 5103 AVENUE H SECRETARY OF HOUSING AND URBAN BROOKLYN, NY 11234 DEVELOPMENT, #1" #12," "JOHN DOE through "JOHN DOE the last twelve name being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. -_____ __.---------------------··----------------------¬---------------X Upon reading and filing of the Attorney Affirmation of Corey Vincent, Esq. dated June 24, 2019, the Affidavit of STEVE IRWIN, sworn on May 06, 2019, the exhibits annexed thereto, and upon the pleadings previously had herein, and it appearing that the Defendants having been duly served with the Summons and Complaint, and that all the Defendants herein have defaulted in pleading, or served a notice of appearance, and no Answer or Motion having been directed to the sufficiêñcy of the Complaiñt has been interposed by any of the Defendants and their time to do so |llll111111111111111111Il11A1111 IHIIAllHMillllEllIllIllIIAllllAA IlllAAlllIIIIIlNIIII 16-046252 -VaG has expired, with the exceptica of the Answer filed by Defendant Non-Borrower, PATSON AGARD; and Further, itappearing that the ComplMnt has not been amended in any manner whatsoever; and it that none of the Dafandanto herein is an incompetent or Further, appearing infant, absentee; Further, upon motion by RAS Boriskin, LLC, itsattorneys for Plaintiff itis Ordered, that Plaintiff is awarded summary judgment granting the relief sought in the complaint; and itis further Ordered, that the Answer interposed by Defendant Non-Borrower, PATSON AGARD, is hereby stricken from the record and shall be treated as a limited notice of appearance; and it is further Ordered, that pursuant to CPLR §3215 that the Plaintiff be granted a Default Judgment for the relief demanded in the Complaint against the remaining defendants; and itis further Ordered, that this action be and the same is hereby referred to , Esq., of , , , telephone number , as Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and attorneys' other disbursements advanced as provided for in the Note and Mortgage, excluding fees, upon which this action as brought, to examine and report whether or not the Mortgaged premises can be sold in parcels, and that the Referee make his/her report to the Court with all convenient speed; and itis further 16-046252 - VaG Ordered, that the caption be smanded by substituting BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST in lieu of Plaintiff by substituting PHILLIP NEAL and CHERON LINDSEY #1" #2" for "JOHN DOE through "JOHN DOE and by striking DOROTHY U. JORDAN and #3" #12," "JOHN DOE through "JOHN DOE all without prejudice to the proceedings heretofore had herein; and itis further, Ordered, that the caption as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------X INDEX NO. 511082/2016 BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS TRUSTEE FOR MORTGAGE ASSETS MANAGEMENT SERIES I TRUST, Plaintiff, Premises: 5103 AVENUE H vs. BROOKLYN, NY 11234 PATSON ASGARD; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PHILLIP NEAL; CHERON LINDSEY, Defendants. ---------------------------------------- -------------------------------X and itis further Ordered, that the referee's computation may be had in any county of the State of New York; and itis further Ordered that, pursuant to CPLR § 8003(a) shall be paid to the Referee for the computadons stage and upon filing of his/her report; and itis further 16-046252 - VaG Ordered that the Referee is prohibited from accepting or returning any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it isfurther 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 NYCRR Part 36), including, but not limited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d) ("Limitations on appointmeñts based on compensation"); and itis further Ordered, that this motion be and the same is hereby grañted, and that Plaintiff is awarded Summary Judgment for the relief demanded in the Complaint. E N T E R: J.S.C. 16-046252 - VaG Index No.: 511082/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CIT BANK, N.A., Plaintiff, vs. DOROTHY U. JORDAN; PATSON AGARD; SECRETARY OF HOUSING AND URBAN DEVELOPMENT, #1" #12," "JOHN DOE through "JOHN DOE the last twelve name being fictitious and unknown to plaintiff the persons or parties intended the occupâñts, persons or being tenants, corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. _________-________________________-______________________ PROPOSED ORDER RAS Boriskin, LLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 __________________________-__________________________ 16-046252 - VaG