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INDEX NO. 521631/2018
NYSCEF DOC. NO. 40
e @ RECEIVED NYSCEF: 06/19/2019
At an JAS Term, Part FRE Ie the
Supreme Court of the State of
New York, held in and for the
County of KINGS, at the Court
House at 360 Adams Street,
Brgoklyn, New York, on the
day of a
PRESENT:
HON.
HON. NOACH DEAR JS.C.
STATE OF NEW YORK
SUPREME COURT COUNTY OF KINGS
WILMINGON SAVINGS FUNDS SOCIETY, FSB, D/B/A
CHRISTIANA TRUST, NOT INDIVIDUALLY BUT
AS TRUSTEE FOR HILLDALE TRUST,
ORDER DISCONTINUING
THE ACTION
Plaintiff, WITHOUT PREJUDICE AND
-vs- CANCELLING NOTICE OF
PENDENCY
Index #
5
521631/2018 02
BLOCK: 3457
LOT: 58
FREDERICK E. SMITH A/K/A FREDERICK SMITH;
THE BROOKLYN GROUP, LLC; NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD; NEW YORK
CITY TRANSIT ADJUDICATION BUREAU; NEW YORK
CITY PARKING VIOLATIONS BUREAU; “JOHN DOE”
AND “JANE DOE” said names being fictitious, it being
the intention of Plaintiff to designate any and all occupants
of premises being foreclosed herein,
Defendants. PROPERTY ADDRESS:
81 GRANITE STREET
BROOKLYN, NY 11207
THIS MATTER having been opened to the Court by way of Motion filed by FEIN,
SUCH & CRANE, LLP, attorneys for the Plaintiff for an Order (1) Discontinuing the current
action without prejudice and (2) canceling the Notice of Pendency filed in the KINGS County
Clerk’s Office on OCTOBER 26, 2018 and the Additional Notices of Pendency filed on
NOVEMBER 16, 2016 and MARCH 1, 2019 pursuant to RPAPL §1331, and the Court having
considered the supporting papers, any opposition filed thereto, and oral argument, if any, and it
appearing that Plaintiff is entitled to the relief requested and for other good cause shown;
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INDEX NO. 521631/2018
NYSCEF DOC. NO. 40
@ @ RECEIVED NYSCEF: 06/19/2019
ORDERED, that the Plaintiff's motion is granted in its entirety, and it is further,
ORDERED, that the above entitled action, and all causes of action alleged therein, and
any and all counterclaims and cross claims, be and the same hereby are discontinued, and it is
further,
ORDERED, that the action filed on OCTOBER 26, 2018 and the Additional Notices of
Pendency filed on NOVEMBER 16, 2016 and MARCH 1, 2019 pursuant to RPAPL §1331 be
and is hereby is discontinued without prejudice due to the loan being paid in full and it is further,
ORDERED, that the County Clerk of KINGS County is directed, upon payment of proper
fees, if any, to cancel and discharge a certain Notice of Pendency filed in this action on
OCTOBER 26, 2018 and the Additional Notices of Pendency filed on NOVEMBER 16, 2016
and MARCH 1, 2019 pursuant to RPAPL §1331 against real property known as Block 3457 and
Lot 58 and also known as 81 GRANITE STREET, BROOKLYN, NY 11207, and said Clerk is
hereby directed to enter upon the margin of the record of the same a Notice of Cancellation
referring to this Order; and it is further,
ORDERED, that the Clerk of the County of KINGS be served a copy of this Order with
Notice of Entry.
ENTER,
HON.
Supreme Court Justice
FILED HON NOAC EAR
JUN 49 2019
KINGS COUNTY CLERK'S OFFICE
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INDEX NO. 521631/2018 NYSCEF DOC. NO. 40 e @ RECEIVED NYSCEF: 06/19/2019 At an JAS Term, Part FRE Ie the Supreme Court of the State of New York, held in and for the County of KINGS, at the Court House at 360 Adams Street, Brgoklyn, New York, on the day of a PRESENT: HON. HON. NOACH DEAR JS.C. STATE OF NEW YORK SUPREME COURT COUNTY OF KINGS WILMINGON SAVINGS FUNDS SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR HILLDALE TRUST, ORDER DISCONTINUING THE ACTION Plaintiff, WITHOUT PREJUDICE AND -vs- CANCELLING NOTICE OF PENDENCY Index # 5 521631/2018 02 BLOCK: 3457 LOT: 58 FREDERICK E. SMITH A/K/A FREDERICK SMITH; THE BROOKLYN GROUP, LLC; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NEW YORK CITY TRANSIT ADJUDICATION BUREAU; NEW YORK CITY PARKING VIOLATIONS BUREAU; “JOHN DOE” AND “JANE DOE” said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. PROPERTY ADDRESS: 81 GRANITE STREET BROOKLYN, NY 11207 THIS MATTER having been opened to the Court by way of Motion filed by FEIN, SUCH & CRANE, LLP, attorneys for the Plaintiff for an Order (1) Discontinuing the current action without prejudice and (2) canceling the Notice of Pendency filed in the KINGS County Clerk’s Office on OCTOBER 26, 2018 and the Additional Notices of Pendency filed on NOVEMBER 16, 2016 and MARCH 1, 2019 pursuant to RPAPL §1331, and the Court having considered the supporting papers, any opposition filed thereto, and oral argument, if any, and it appearing that Plaintiff is entitled to the relief requested and for other good cause shown; 1 of 2 INDEX NO. 521631/2018 NYSCEF DOC. NO. 40 @ @ RECEIVED NYSCEF: 06/19/2019 ORDERED, that the Plaintiff's motion is granted in its entirety, and it is further, ORDERED, that the above entitled action, and all causes of action alleged therein, and any and all counterclaims and cross claims, be and the same hereby are discontinued, and it is further, ORDERED, that the action filed on OCTOBER 26, 2018 and the Additional Notices of Pendency filed on NOVEMBER 16, 2016 and MARCH 1, 2019 pursuant to RPAPL §1331 be and is hereby is discontinued without prejudice due to the loan being paid in full and it is further, ORDERED, that the County Clerk of KINGS County is directed, upon payment of proper fees, if any, to cancel and discharge a certain Notice of Pendency filed in this action on OCTOBER 26, 2018 and the Additional Notices of Pendency filed on NOVEMBER 16, 2016 and MARCH 1, 2019 pursuant to RPAPL §1331 against real property known as Block 3457 and Lot 58 and also known as 81 GRANITE STREET, BROOKLYN, NY 11207, and said Clerk is hereby directed to enter upon the margin of the record of the same a Notice of Cancellation referring to this Order; and it is further, ORDERED, that the Clerk of the County of KINGS be served a copy of this Order with Notice of Entry. ENTER, HON. Supreme Court Justice FILED HON NOAC EAR JUN 49 2019 KINGS COUNTY CLERK'S OFFICE 2 of 2