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NYSCEF DOC. NO. 58
SHORT FORM ORDER
RECEIVED NYSCEF: 02/23/2017
INDEX NO.: 64870/2014
SUPREME COURT - STATE OF NEW YORK
IAS PART 49
- SUFFOLK COUNTY
PRESENT: Hon. C. RANDALL HINRICHS
Justice of the Supreme Court
x
U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR
TRUSTEE TO WILMINGTON TRUST COMPANY, AS
SUCCESSOR TRUSTEE TO BANK OF AMERICA,
NATIONAL ASSOCIATION, SUCCESSOR BY MERGER
TO LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR LEHMAN XS TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-3
Plaintiff,
* -against-
JOSEPH A. GALLO, JEANETTE GALLO, CACV OF
COLORADO LLC, CAPITAL ONE BANK USA NA AS
SUCCESSOR IN INTEREST TO CAPITAL ONE BANK,
ESTHER PIMENTEL, HSBC BANK NEVADA NA,
MERRICK BANK CORPORATION, VELOCITY
INVESTMENTS LLC,
JOHN DOE (being fictitious, the names unknown to
Plaintiff intended to be tenants, occupants, persons or
corporations having or claiming an interest in or lien upon
the property described in the complaint or their heirs at law,
distributees, executors, administrators, trustees, guardians,
assignees, creditors or successors.)
Defendants.
MOTION DATE: 12/11/2015,
Mot. Seq. # 001 MG
HOGAN LOVELLS US LLP
Attorneys for Plaintiff
875 Third Avenue
New York, New York 10022
GRAUSSO & FOY, LLP
Attorney for Defendant
Jeannette Gallo
625 Middle Country Road, Suite 100
Coram, New York 11901
Upon the papers submitted on this motion for summary judgment and an order of reference, it is,
ORDERED that this motion by plaintiff for an order awarding it summary judgment against the
answering defendants, fixing the defaults against the remaining defendants joined by service of process,
identifying and/or deleting unknown defendants, amending the caption, and for an order appointing a referee
to compute, is considered under CPLR 3212, 3215, 1003 and RPAPL §1321, and is granted; and it is further
ORDERED that plaintiff shall forthwith serve an executed copy of the order of reference amending the
caption of this action upon the Calendar Clerk of this Court; and it is further
1 of 2NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 02/23/2017
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ORDERED that within 30 days of the entry date of this order, plaintiff shall serve a copy of the order
of reference with notice of entry upon all parties who have appeared i in this action and thereafter file the
affidavit of service with the Clerk of the Court.
Plaintiff's unopposed motion sufficiently demonstrates its entitlement to the relief requested (see
Deutsche Bank Natl. Trust Co. v Islar, 122 AD3d 566, 996 NYS2d 130 [2d Dept 2014]; Plaza Equities,
LLC v Lamberti, 118 AD3d 688, 986 NYS2d 843 [2d Dept 2014]; Jessabell Realty Corp. v Gonzalez 117
AD3d 908, 985 NYS2d 897 [2d Dept 2014]). The moving papers, which were not opposed by any party,
sufficiently demonstrated the plaintiff's entitlement to the relief requested on this motion, including the
dismissal of all counterclaims asserted against the plaintiff (see, Flagstar Bank v Bellafiore, 94 AD3d 1044,
943 NYS2d 551 [2d Dept 2012]; see also Aurora Loan Servs., LLC v Enaw, 126 AD3d 830, 7 NYS3d 146
[2d Dept 2015]). Defendants’ answer is insufficient, as a matter of law, to defeat plaintiff's unopposed
motion (see Flagstar Bank v Bellafiore, supra; Wells Fargo Bank Minn. Natl. Assn. v Perez, 41 AD3d 590,
837 NYS2d 877 [2d Dept 2007]). Where a defendant fails to oppose a motion for summary judgment, there
is, in effect, a concession that no question of fact exists, and the facts as alleged in the moving papers may be
deemed admitted (Kuehne & Nagel v Baiden, 36 NY2d 539, 369 NYS2d 667 [1975]).
The proposed order of reference, as modified by the Court, has been signed simultaneously with this
order. .
Dated: January 90, 2017 C- Wa
Hon. C. RANDALL HINRICHS, J.S.C.
FINAL DISPOSITION, X___ NON-FINAL DISPOSITION
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NYSCEF DOC. NO. 58 SHORT FORM ORDER RECEIVED NYSCEF: 02/23/2017 INDEX NO.: 64870/2014 SUPREME COURT - STATE OF NEW YORK IAS PART 49 - SUFFOLK COUNTY PRESENT: Hon. C. RANDALL HINRICHS Justice of the Supreme Court x U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO WILMINGTON TRUST COMPANY, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN XS TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-3 Plaintiff, * -against- JOSEPH A. GALLO, JEANETTE GALLO, CACV OF COLORADO LLC, CAPITAL ONE BANK USA NA AS SUCCESSOR IN INTEREST TO CAPITAL ONE BANK, ESTHER PIMENTEL, HSBC BANK NEVADA NA, MERRICK BANK CORPORATION, VELOCITY INVESTMENTS LLC, JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendants. MOTION DATE: 12/11/2015, Mot. Seq. # 001 MG HOGAN LOVELLS US LLP Attorneys for Plaintiff 875 Third Avenue New York, New York 10022 GRAUSSO & FOY, LLP Attorney for Defendant Jeannette Gallo 625 Middle Country Road, Suite 100 Coram, New York 11901 Upon the papers submitted on this motion for summary judgment and an order of reference, it is, ORDERED that this motion by plaintiff for an order awarding it summary judgment against the answering defendants, fixing the defaults against the remaining defendants joined by service of process, identifying and/or deleting unknown defendants, amending the caption, and for an order appointing a referee to compute, is considered under CPLR 3212, 3215, 1003 and RPAPL §1321, and is granted; and it is further ORDERED that plaintiff shall forthwith serve an executed copy of the order of reference amending the caption of this action upon the Calendar Clerk of this Court; and it is further 1 of 2NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 02/23/2017 ‘ . ORDERED that within 30 days of the entry date of this order, plaintiff shall serve a copy of the order of reference with notice of entry upon all parties who have appeared i in this action and thereafter file the affidavit of service with the Clerk of the Court. Plaintiff's unopposed motion sufficiently demonstrates its entitlement to the relief requested (see Deutsche Bank Natl. Trust Co. v Islar, 122 AD3d 566, 996 NYS2d 130 [2d Dept 2014]; Plaza Equities, LLC v Lamberti, 118 AD3d 688, 986 NYS2d 843 [2d Dept 2014]; Jessabell Realty Corp. v Gonzalez 117 AD3d 908, 985 NYS2d 897 [2d Dept 2014]). The moving papers, which were not opposed by any party, sufficiently demonstrated the plaintiff's entitlement to the relief requested on this motion, including the dismissal of all counterclaims asserted against the plaintiff (see, Flagstar Bank v Bellafiore, 94 AD3d 1044, 943 NYS2d 551 [2d Dept 2012]; see also Aurora Loan Servs., LLC v Enaw, 126 AD3d 830, 7 NYS3d 146 [2d Dept 2015]). Defendants’ answer is insufficient, as a matter of law, to defeat plaintiff's unopposed motion (see Flagstar Bank v Bellafiore, supra; Wells Fargo Bank Minn. Natl. Assn. v Perez, 41 AD3d 590, 837 NYS2d 877 [2d Dept 2007]). Where a defendant fails to oppose a motion for summary judgment, there is, in effect, a concession that no question of fact exists, and the facts as alleged in the moving papers may be deemed admitted (Kuehne & Nagel v Baiden, 36 NY2d 539, 369 NYS2d 667 [1975]). The proposed order of reference, as modified by the Court, has been signed simultaneously with this order. . Dated: January 90, 2017 C- Wa Hon. C. RANDALL HINRICHS, J.S.C. FINAL DISPOSITION, X___ NON-FINAL DISPOSITION 2 of 2