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INDEX NO. E156572/2015
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
merrermererinteienemnmen
meme nen ens Ni TESTS EES EE
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff NOTICE TO DISCONTINUE ACTION
AND TO CANCEL NOTICE OF
PENDENCY
vs
INDEX#: E156572/2015
TRUDI A. MOAG AS EXECUTRIX OF THE
ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES:
PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE
NORTH TONAWANDA, NY 14120
JOHN DOE (being fictitious, the names
unknown to Plaintiff intended to be tenants, SBL #: 175.20 - 1 - 56
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.)
Defendant(s)
x
Gross Polowy, LLC, the attorneys for the Plaintiff, hereby requests that the above captioned index number be
discontinued pursuant to CPLR 3217 and that the Niagara County Clerk in accordance with CPLR 6514(e) cancel the
Notice of Pendency filed in this action filed on August 6, 2015 including any predecessor filing, if applicable.
By this Notice, in addition Plaintiff hereby revokes the acceleration of the maturity of the loan that is the subject
of this foreclosure action and withdraws its prior demand for immediate payment of all sums secured by the mortgage and
reinstates the loan as an installment loan.
parent i pot] QoS f
Posdreh Cus
Amanda Rudroff-Lavis, Esq. -
Gross Polowy, LLC
Attorneys for Plaintiff
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
Sees es onan eeprom prereset eneenn rm etereneenertrrperrrenerene
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff AFFIRMATION IN SUPPORT
OF CANCELLATION OF NOTICE OF
PENDENCYAND DISCONTINUANCE
OF ACTION
vs
INDEX#: E156572/2015
TRUDI A. MOAG AS EXECUTRIX OF THE
ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES:
PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE
NORTH TONAWANDA NY 14120
JOHN DOE (being fictitious, the names unknown to
Plaintiff intended to be tenants, occupants, persons SBL #: 175.20 - 1 - 56
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.)
Defendant(s)
Amanda Rudroff-Lavis, Esq. pursuant to CPLR 2106, and under the penalties of perjury, affirms as follows:
1 1 am an attorney at law and an associate of Gross Polowy, LLC the attorneys of record for the Plaintiff. I
am fully familiar with the facts, court papers and proceedings of this action.
2 This action was brought to foreclose a mortgage on real property known as 326 OAKDALE DRIVE,
NORTH TONAWANDA NY 14120, SBL #: 175.20 - 1 - 56.
3 The Summons, Complaint, and Notice of Pendency were filed in the Office of the Niagara County Clerk
on August 06, 2015.
4 None of the Defendants have appeared, answered, or made any motion with respect to the Complaint in
this action and their time to do so has expired.
5 No Referee has been appointed in this action.
6 The reason this action and all causes of action alleged therein is being discontinued is that the Plaintiff is
voluntarily dismissing this matter because the parties have come to an amenable resolution of the underlying claims.
7. Plaintiff has not made any previous application for this or like relief.
WHEREFORE, your affirmant respectfully requests that the above captioned action, and all causes of action
alleged therein, be discontinued, and that any and all counterclaims and cross claims be dismissed and that the Notice of
Pendency be cancelled from the records of the Office of the Clerk of the County of Niagara, together with such other and
further relief as to this Court may seem just, equitable, and proper.
DATED: Quguas 1.201
\7.ce
(c
S
Willi nsville, New York y
Amanda Rudroff-Lavis, Esq.
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INDEX NO. E156572/2015 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA merrermererinteienemnmen meme nen ens Ni TESTS EES EE NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff NOTICE TO DISCONTINUE ACTION AND TO CANCEL NOTICE OF PENDENCY vs INDEX#: E156572/2015 TRUDI A. MOAG AS EXECUTRIX OF THE ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES: PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE NORTH TONAWANDA, NY 14120 JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, SBL #: 175.20 - 1 - 56 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.) Defendant(s) x Gross Polowy, LLC, the attorneys for the Plaintiff, hereby requests that the above captioned index number be discontinued pursuant to CPLR 3217 and that the Niagara County Clerk in accordance with CPLR 6514(e) cancel the Notice of Pendency filed in this action filed on August 6, 2015 including any predecessor filing, if applicable. By this Notice, in addition Plaintiff hereby revokes the acceleration of the maturity of the loan that is the subject of this foreclosure action and withdraws its prior demand for immediate payment of all sums secured by the mortgage and reinstates the loan as an installment loan. parent i pot] QoS f Posdreh Cus Amanda Rudroff-Lavis, Esq. - Gross Polowy, LLC Attorneys for Plaintiff SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA Sees es onan eeprom prereset eneenn rm etereneenertrrperrrenerene NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff AFFIRMATION IN SUPPORT OF CANCELLATION OF NOTICE OF PENDENCYAND DISCONTINUANCE OF ACTION vs INDEX#: E156572/2015 TRUDI A. MOAG AS EXECUTRIX OF THE ESTATE OF GERTRUDE S. BECKERICH , MORTGAGE PREMISES: PEOPLE OF THE STATE OF NEW YORK, 326 OAKDALE DRIVE NORTH TONAWANDA NY 14120 JOHN DOE (being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons SBL #: 175.20 - 1 - 56 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.) Defendant(s) Amanda Rudroff-Lavis, Esq. pursuant to CPLR 2106, and under the penalties of perjury, affirms as follows: 1 1 am an attorney at law and an associate of Gross Polowy, LLC the attorneys of record for the Plaintiff. I am fully familiar with the facts, court papers and proceedings of this action. 2 This action was brought to foreclose a mortgage on real property known as 326 OAKDALE DRIVE, NORTH TONAWANDA NY 14120, SBL #: 175.20 - 1 - 56. 3 The Summons, Complaint, and Notice of Pendency were filed in the Office of the Niagara County Clerk on August 06, 2015. 4 None of the Defendants have appeared, answered, or made any motion with respect to the Complaint in this action and their time to do so has expired. 5 No Referee has been appointed in this action. 6 The reason this action and all causes of action alleged therein is being discontinued is that the Plaintiff is voluntarily dismissing this matter because the parties have come to an amenable resolution of the underlying claims. 7. Plaintiff has not made any previous application for this or like relief. WHEREFORE, your affirmant respectfully requests that the above captioned action, and all causes of action alleged therein, be discontinued, and that any and all counterclaims and cross claims be dismissed and that the Notice of Pendency be cancelled from the records of the Office of the Clerk of the County of Niagara, together with such other and further relief as to this Court may seem just, equitable, and proper. DATED: Quguas 1.201 \7.ce (c S Willi nsville, New York y Amanda Rudroff-Lavis, Esq.