Preview
FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
________________________________________---------------X
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff(s),
Index No.: 850145/2018
NOTICE OF MOTION FOR
A DEFAULT JUDGMENT
AND ORDER OF
REFERENCE
MORTGAGED PROPERTY:
145 East 48th Street, Unit 18A, New
York. NY 10017
COUNTY: NEW YORK
Block: 1303 Lot: 1018
v.
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH,
DECEASED; BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
DOE"
"JOHN and "JANE DOE", said names being
fictitious, it being the intention of Plaintiff
to designate any and all occupants of premises
being foreclosed herein,
Defendant(s).
______________________________________----------------X
PLEASE TAKE NOTICE that, upon the affirmation of Mark K. Broyles, Esq. dated
May____, 2019 , the affidavit of Holly Freedman, sworn to April 29, 2019, the exhibits attached
thereto, and all prior proceedings in this case, Plaintiff JPMORGAN CHASE BANK,
19"'
NATIONAI ASSOCIATION will move this court on the day of June, 2019 at 9:30AM
before IAS Part_,atthe Supreme Court, NEW YORK County, 60 Centre Street. New York,
New York 10007 , or as soon thereafter as the parties may be heard, for an order:
1. Appointing a referee to compute the amount due to Plaintiff, examine whether
the mortgaged property known as 145 East 48th Street, Unit 18A, New York, NY
10017 may be sold as one parcel, and make his/her computation and report with
1 of 4
FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019
all convenient speed pursuant to RPAPL §l321;
Doe" Doe"
2. Removing "John and "Jane as parties defendant in this action as no
tenants reside at the property and amending the caption to reflect the removal of
Doe" Doe"
"John and "Jane as parties defendant;
3. Declaring that all non-appearing and non-answering defendants are in
default pursuant to CPLR 3215; and
4. Such additional relief as to the Court may deemjust and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b),
answering papers and notice of cross-motion. with supporting papers, if any, must be
served upon the undersigned at least seven (7) days prior to the return date ofthis
motion.
Dated: May 2019
Monroe County, New York
Ma K. Broyles s .
FEl SUCI CRANE, LLP
Attorneys for Plaintiff JPMORGAN CIIASE
BANK, NATIONAL ASSOCIATION
28 E. Main St., Suite 1800
Rochester, NY 14614
(585) 232-7400
TO:
Mary McGrath
Administratrix to the Estate of Sean P. McGrath
72 Pondfield Road West, Apt. 2F
Bronxville, NY 10708
Stiefel Cohen & Foote, P.C.
Attomeys for Defendant Board of Managers of the Cosmopolitan Condominium
6d'
770 Lexington Avenue, Floor
New York, NY 10065
New York State Department of Taxation and Finance
Harriman State Campus, Building 9
Albany, NY 12227
2 of 4
FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019
SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF NEW YORK
________________________________________----------------X
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff, Index No.: 850145/2018
AFFIDAVIT OF MAILING
MORTGAGED PROPERTY:
145 East 48th Street, Unit 18A, New York,
NY 10017
COUNTY:NEW YORK
Block: 1303 Lot: 1018
v.
MARY MCGRATH, AS ADMINISTRATRIX TO THE
ESTATE OF SEAN P. MCGRATH A/K/A SEAN
MCGRATH A/K/A SEAN PATRICK MCGRATH,
DECEASED; BOARD OF MANAGERS OF THE
COSMOPOLITAN CONDOMINIUM; NEW
YORK STATE DEPARTMENT OF TAXATION
AND FINANCE; UNITED STATES OF AMERICA;
DOE"
"JOHN and "JANE DOE", said names being
fictitious, itbeing the intention of Plaintiff
to designate any and all occupants of premises
being foreclosed herein,
Defendant(s).
-----------------------------------------------X
V[ busS , being duly sworn, deposes and says:
1 am not a party to the action, am over 18 years of age, and reside in Rochester, New York.
On May /Ò019, I mailed a copy of the Notice of Motion for Default Judgment and Order of
Reference and allaccompanying papers annexed thereto by mailing the same in a post office or
depository of the United States Postal Service within the State of New York, addressed to the last known
address of the addressee(s) as indicated below:
TO:
Mary McGrath
Administratrix to the Estate of Sean P. McGrath
72 Pondfield Road West, Apt. 2F
Bronxville, NY 10708
3 of 4
FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019
Stiefel Cohen & Foote, P.C.
Attorneys for Defendant Board of Managers of the Cosmopolitan Condominium
6d'
770 Lexington Avenue, Floor
New York, NY 10065
New York State Department of Taxation and Finance
Harriman State Campus, Building 9
Albany, NY 12227
s .Paralegal
Sworn to before me this
day of May, 2019 P c S ae
Neary county
QualitledIn Monroe
01806342119
No.
Commiselon Expires May it 2 -
Notary Public
Re: Affidavit of Mai ng of Motion for Order of Reference
JPMORGAN CHAS BANK, NATIONAL ASSOCIATION v. MCGRATHet al.
NEW YORK Co Sup Ct # 850145/2018
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ________________________________________---------------X JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff(s), Index No.: 850145/2018 NOTICE OF MOTION FOR A DEFAULT JUDGMENT AND ORDER OF REFERENCE MORTGAGED PROPERTY: 145 East 48th Street, Unit 18A, New York. NY 10017 COUNTY: NEW YORK Block: 1303 Lot: 1018 v. MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH, DECEASED; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; DOE" "JOHN and "JANE DOE", said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendant(s). ______________________________________----------------X PLEASE TAKE NOTICE that, upon the affirmation of Mark K. Broyles, Esq. dated May____, 2019 , the affidavit of Holly Freedman, sworn to April 29, 2019, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff JPMORGAN CHASE BANK, 19"' NATIONAI ASSOCIATION will move this court on the day of June, 2019 at 9:30AM before IAS Part_,atthe Supreme Court, NEW YORK County, 60 Centre Street. New York, New York 10007 , or as soon thereafter as the parties may be heard, for an order: 1. Appointing a referee to compute the amount due to Plaintiff, examine whether the mortgaged property known as 145 East 48th Street, Unit 18A, New York, NY 10017 may be sold as one parcel, and make his/her computation and report with 1 of 4 FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019 all convenient speed pursuant to RPAPL §l321; Doe" Doe" 2. Removing "John and "Jane as parties defendant in this action as no tenants reside at the property and amending the caption to reflect the removal of Doe" Doe" "John and "Jane as parties defendant; 3. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR 3215; and 4. Such additional relief as to the Court may deemjust and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214(b), answering papers and notice of cross-motion. with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date ofthis motion. Dated: May 2019 Monroe County, New York Ma K. Broyles s . FEl SUCI CRANE, LLP Attorneys for Plaintiff JPMORGAN CIIASE BANK, NATIONAL ASSOCIATION 28 E. Main St., Suite 1800 Rochester, NY 14614 (585) 232-7400 TO: Mary McGrath Administratrix to the Estate of Sean P. McGrath 72 Pondfield Road West, Apt. 2F Bronxville, NY 10708 Stiefel Cohen & Foote, P.C. Attomeys for Defendant Board of Managers of the Cosmopolitan Condominium 6d' 770 Lexington Avenue, Floor New York, NY 10065 New York State Department of Taxation and Finance Harriman State Campus, Building 9 Albany, NY 12227 2 of 4 FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF NEW YORK ________________________________________----------------X JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff, Index No.: 850145/2018 AFFIDAVIT OF MAILING MORTGAGED PROPERTY: 145 East 48th Street, Unit 18A, New York, NY 10017 COUNTY:NEW YORK Block: 1303 Lot: 1018 v. MARY MCGRATH, AS ADMINISTRATRIX TO THE ESTATE OF SEAN P. MCGRATH A/K/A SEAN MCGRATH A/K/A SEAN PATRICK MCGRATH, DECEASED; BOARD OF MANAGERS OF THE COSMOPOLITAN CONDOMINIUM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; UNITED STATES OF AMERICA; DOE" "JOHN and "JANE DOE", said names being fictitious, itbeing the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendant(s). -----------------------------------------------X V[ busS , being duly sworn, deposes and says: 1 am not a party to the action, am over 18 years of age, and reside in Rochester, New York. On May /Ò019, I mailed a copy of the Notice of Motion for Default Judgment and Order of Reference and allaccompanying papers annexed thereto by mailing the same in a post office or depository of the United States Postal Service within the State of New York, addressed to the last known address of the addressee(s) as indicated below: TO: Mary McGrath Administratrix to the Estate of Sean P. McGrath 72 Pondfield Road West, Apt. 2F Bronxville, NY 10708 3 of 4 FILED: NEW YORK COUNTY CLERK 05/10/2019 02:23 PM INDEX NO. 850145/2018 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 05/10/2019 Stiefel Cohen & Foote, P.C. Attorneys for Defendant Board of Managers of the Cosmopolitan Condominium 6d' 770 Lexington Avenue, Floor New York, NY 10065 New York State Department of Taxation and Finance Harriman State Campus, Building 9 Albany, NY 12227 s .Paralegal Sworn to before me this day of May, 2019 P c S ae Neary county QualitledIn Monroe 01806342119 No. Commiselon Expires May it 2 - Notary Public Re: Affidavit of Mai ng of Motion for Order of Reference JPMORGAN CHAS BANK, NATIONAL ASSOCIATION v. MCGRATHet al. NEW YORK Co Sup Ct # 850145/2018 4 of 4