Motion-Secondary: Cit Bank, N.A. v. 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, 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, 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:, 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:, 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:, Dorothy U. Jordan, Patson Agard, Secretary Of Housing And Urban Development, 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, Workers' Compensation Board Of Ny State, Criminal Court Of The City Of New York, Ny State Dept Of Taxation And Finance, 1761 Rockaway Associates Llc, Kings Supreme Court, Itria Ventures Llc, Internal Revenue Service, Nyc Parking Violation Bureau, Nyc Environmental Control Board, Nyc C Transit Adjudication Bureau

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                                Reverse Mortgage
Not F.S.C. Eligible

PRESENT:

Honorable

 

JSC

CIT BANK, N.A.,

 

Plaintiff,

vs.

DOROTHY U. JORDAN; PATSON AGARD;
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT,

"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,

Defendants.

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Atan IAS Term Part __ of the
Supreme Court of the State of
New York, held in and for the
County of Kings at the
Courthouse thereof, 88-11
Sutphin Blvd, Jamaica, NY on
the__ dayof. » 2017.

Index No.: 511082/2016

ORDER GRANTING
SUMMARY JUDGMENT,
DEFAULT JUDGMENT
AND APPOINTING

FE TO COMPUTE

Premises:
10834 UNION HALL STREET
BROOKLYN, NY 11234

Upon reading and filing of Notice of Motion and the Attorney Affirmation of Hans H.

Augustin, Esq., both dated March 10, 2017, the Affidavit of Justin Roland, sworn on January 18,

2017, 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 sufficiency of the Complaint has been interposed by any of the

Il TAC

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HHADefendants and their time to do so has expired, with the exception of the Verified Answer filed by
Defendant, Patson Agard; and

Further, it appearing that the Complaint has not been amended in any manner whatsoever;
and

Further, it appearing that none of the Defendants herein is an infant, incompetent or
absentee;

Further, upon motion by RAS BORISKIN, LLC, its attorneys for Plaintiff it is

ORDERED, that Plaintiff is awarded summary judgment granting the relief sought in the
complaint; and it is further

ORDERED, that the Verified Answer interposed by Defendant 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 it is further

ORDERED, that this action be and the same is hereby referred to

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Referee to ascertain and compute the amount due to the Plaintiff herein for principal, interest, and
other disbursements advanced as provided for in the Note and Mortgage, excluding attorneys’ 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 it is further

ORDERED, that the caption be amended by substituting Phillip Neal and Cheron Lindsey

in place and stead of "JOHN DOE #1" through "JOHN DOE #2" and by striking "JOHN DOE #3"

16-046252 - IaGthrough "JOHN DOE #12," all without prejudice to the proceedings heretofore had herein; and it
is further,
ORDERED, that the caption of this action as amended, shall read as follows:

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

 

INDEX NO. 511082/2016

 

CIT BANK, N.A.,

Plaintiff,

vs. Premises:
5103 AVENUE H
DOROTHY U. JORDAN; PATSON AGARD; BROOKLYN, NY 11234

SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; PHILLIP NEAL; CHERON
LINDSEY,

Defendants.

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and it is further
ORDERED, that the Referee's computation may be had in any county of the State of New
York; and it is further

ORDERED, that pursuant to CPLR § 8003(a) shall be

 

paid to the Referee for the computations stage and upon filing of his/her report; and it is further
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 is 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 NYCRR Part 36), including, but not

16-046252 - IaGlimited to, section 36.2(c) ("Disqualifications from appointment"), and section 36.2(d)
("Limitations on appointments based on compensation"); and it is further
ORDERED, that this motion be and the same is hereby granted, and that Plaintiff is
awarded Summary Judgment for the relief demanded in the Complaint; and it is further
ORDERED, that a copy of this Order with notice of entry shall be served upon any party

entitled thereto.

Dated: ENTER:

 

JSC

16-046252 - IaG