FILED: KINGS COUNTY CLERK 03/27/ :49 PM INDEX NO. 3189/2016 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/27/2018

Transcription

1 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 NYSCEF DOC. NO. 69 RECEIVED NYSCEF 03/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Index No. 3189/2016 Plaintiff, - against - AFFIDAVIT OF SERVICE LISA A. RENAUD, Defendant, - agianst - CHASE BANK, N.A. Counterclaim Defendant X STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss. Annette Somwaru, being duly sworn, deposes and says that deponent is a disinterested party, is over 18 years of age, and resides in Queens County, New York and 21st that on the day of March, 2018, deponent served the within ORDER TO SHOW CAUSE, AFFIRMATION OF C. ZACHARY ROSENBERG, ESQ. IN SUPPORT OF DEFENDANT'S ORDER TO SHOW CAUSE and NOTICE OF ENTRY by having the same sent via overnight courier Federal Express in a sealed envelope, addressed to Annette Renaud Chase Bank, N.A. 80 Hancock Street c/o CT Corporation Brooklyn, New York th Avenue # 13 Plaintiff New York, ew York Registere gent for Service of Process for Counter m Defendant Chase Bank, N.A. Sworn to before me this 21st day of March, 2018 TE SOMWARU Notary Public ROBERT A. FREII.1CH Notary Public, State of New York No. 02FR Qualified in New York County Commission Expires 06/20/ of 14

2 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/ /09/ FAX UNITED LAWYERS 002 /003 NYSCEF DOC. NO. 69 RECEIVED NYSCEF 03/27/2018 At IAS Part of the Supreme Court of the State ofnew York, CountyofKilogs,atteCourthouse at 360 Adams Street, Brooklyn, New YAmiedhyof 2 ¹* C fj1ac0(5 9 ktttlla,~~ C SUPREME **y COURT OFTHE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Plaintiff, Index No. 3189/2016 I - against - ORDER TO SHOW CAUSE LISA A.RENAUD, a a I Defendant, - against - E BANK, N.A., Counterclaim Defendant. X Upon the annexed affirmation of C, Zachary Rosenberg,Esq. dated February 5, 2018; it is hereby pro se plaintiff, Annette Renaud, or her counsel, and countemlaim-defendant, Chase Bank, N.A., by its counsel, show cause at the Supreme Court of the State of 33 ork, ofkings, at an IASP atthe ouse located at 360 ~ tg Street ~ rooklyn, New York, on M Of Ch 9, 2018 at 4 D in the 10. or as soon thereafter as counsel may be heard, why an Order should not be entered (" Defendant" in favor of Lisa A. Renaud ("Defendant") pursuant to CPLR 2221 mod fang this Court's Order dated July 17, 2017, entered by the Office ofthe County Clerk on August 15, 2017 by naming a specific referee to whore this action is referred; and it is further 2 of 14

3 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/ /09/ FA X UNIT EO LAWYERS SERVIC / NYSCEF DOC. NO. 69 RECEIVED NYSCEF 03/27/2018., fbcient reason appearing ervice of a copy of this Order to Show Cause, the Petition in this Action, and the papers upon which this ~ Order to Show Cause is based, by personal or overnight courier service.upon pro ae plaintiff, Annette Rensud, and counterclaim-defendant, Chase Bank, N.A., or its registered agenê for service of process, on - - ~~t.d ~~rd ' ' ' ' or before the ~ni day f~ of d eel deemed goodand sufficient service thereof, I vs s i u ENTER), ENTERS! J $.C HON. FRANCOIS k RNERA 2 3 of 14

4 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Index No. 3189/2016 Plaintiff, AFFIRMATION OF LISA A. RENAUD, - against - C. ZACHARY ROSENBERG, ESQ.. IN SUPPORT OF DEFENDANT'S ORDER TO SHOW CAUSE Defendant, - against - CHASE BANK, N.A., Counterclaim Defendant X C. ZACHARY ROSENBERG, ESQ., an attorney duly admitted to practice law before the courts of the State of New York, does hereby affirm the following facts under penalty of perjury 1. I am associated with the firm Rottenberg Lipman Rich, P.C. ("RLR"), counsel for Defendant Lisa A. Renaud. I submit this affirmation, based on my personal knowledge of the matters discussed herein, in support of Defendant's order to show cause for an order pursuant to CPLR 2221 to modify this Court's Order dated July 17, 2017, entered by the "Order" Office of the County Clerk on August 15, 2017 (the "Order") to name a specific referee to whom the action is referred. A true and correct copy of the Order is attached hereto as Exhibit A. 2. In the Order, the Court granted Defendant's motion for a default judgment on her counterclaim for an accounting, partition, and sale pursuant to CPLR 3215 and RPAPL 901 et seg.. and ordered that "this matter is referred to a referee to (a) determine whether there is any creditor not a party who has a lien on the undivided share or interest of any party; 4 j of 14 2

5 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 DEX NO. 3189/2016 F I LED K INGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 and (b) upon such determination order the clerk to enter an interlocutory judgment of partition and sale under RPAPL 915." 3. Because the Order did not name a specific referee to whom the matter is referred, however, my office diligently attempted to obtain appointment of a referee and, to that end, contacted the County Clerk, the Clerk of the Court, and the Clerk of this Part, and has been informed that a specific referee cannot be appointed except by further order of this Court. 4. Defendant, therefore, respectfully requests that, pursuant to CPLR 2221, the Court modify the Order to name a specific referee to whom this case will be referred. A proposed modified order leaving a space in which the Court can insert the name of a referee is attached hereto as Exhibit B. CONCLUSION WHEREFORE, I respectfully that the Court grant in full the Defendant's Order to Show Cause to modify the Order to name a referee to whom the action is referred. Dated New York, New York January 31, 2018 ~-/-vt c / C. Zachary gosenberg, Esq. 52 of 14 2

6 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 EXHIBIT A 6 of 14

7 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NLSCEF 0OC. NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /23/2018 -g -5i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Index No. 3189/2016 Plaintiff, PROPOSED ORDER - against - LISA A. RENAUD, Defendant, - against - CHASE BANK, N.A., [Tl t Counterclaim Defendant X. (" Defendant" DEFENDANT, Lisa Renaud ("Defendant"), having applied for an Order (1) granting summary judgment pursuant to CPLR 3212 in favor of plaintiff Annette Renaud (" ("Plaintiff") on her claim for joint legal title to real property located at 80 Hancock Street, "Property" County of Kings, State of New York (the "Property") and (2) default judgment pursuant to C.P.L.R and RPAPL 901 et. seq. in favor of Defendant on her counterclaim for an "Counterclaim" accounting, partition, and sale (the "Counterclaim"); and UPON the annexed Affirmation of C. Zachary Rosenberg, Esq., dated March 31, 2017 and the exhibits thereto, the annexed Affidavit of Lisa Renaud, sworn to on March 31, 2017, and the exhibits thereto, the accompanying Memorandum of Law dated March 31, 2017, and upon all the pleadings and proceedings heretofore had herein, any opposition having been considered, due deliberation having been had thereon, and good and sufficient cause appearing; NOW, upon Application of Defendant, by its counsel, Rottenberg Lipman Rich, P.C., it is hereby 71 of 14 2

8 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF NXSCEF DOC. NO RECEIVED NYSCEF 03/27/ /23/2018 ORDERED, that Defendant's application for summary judgment in favor of Plaintiff on Plaintiff's claim for joint legal title to the Property is, in all respects, denied; and it is further ORDERED, that Defendant's application for default judgment in favor of Defendant on Defendant's claim for an accounting, partition, and sale of the Property is, in all respects, granted; and it is further ORDERED, that Defendant shall receive $284, of the proceeds of the sale of the Property before the remainder is split equally between Plaintiff and Defendant; and it is further ORDERED, that this matter is referred to a referee to (a) determine whether there is any creditor not a party who has a lien on the undivided share or interest of any party; and (b) upon such determination order the clerk to enter an interlocutory judgment of partition and sale under RPAPL 915; and it is further ORDERED, that, upon consent of Defendant, a judgment awarding legal title to the Property to Plaintiff and Defendant as tenants in common, each with a 50% interest in the Property, is to be entered concurrently with an interlocutory judgment of partition and sale pursuant to RPAPL 915; and it is further ORDERED, that a copy of this Order shall be served upon the judgment clerk, this Court and Defendant. Plaintiff shall be served with a copy of this Order within 10 days. Dated Brooklyn, New York htt i1, 2017 ' 983 t'3 P.1Hfllr. P., r." ".. "a'.in l. I 9 Hon Francois Rivera, J.S.C. IO6 N f.tlat 3-1 I 1 mou ramonsumme -"=- PALC 82 of 14 2

9 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 EXHIBIT B 9 of 14

10 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Index No. 3189/2016 Plaintiff, PROPOSED - against - ORDER MODIFIED LISA A. RENAUD, Defendant, - against - CHASE BANK, N.A., Counterclaim Defendant X (" Defendant" DEFENDANT, Lisa Renaud ("Defendant"), having applied for an Order (1) granting summary judgment pursuant to CPLR 3212 in favor of plaintiff Annette Renaud (" ("Plaintiff") on her claim for joint legal title to real property located at 80 Hancock Street, "Property" County of Kings, State of New York (the "Property") and (2) default judgment pursuant to C.P.L.R and RPAPL 901 et. seq. in favor of Defendant on her counterclaim for an "Counterclaim" accounting, partition, and sale (the "Counterclaim"); and UPON the annexed Affirmation of C. Zachary Rosenberg, Esq., dated March 31, 2017 and the exhibits thereto, the annexed Affidavit of Lisa Renaud, sworn to on March 31, 2017, and the exhibits thereto, the accompanying Memorandum of Law dated March 31, 2017, and upon all the pleadings and proceedings heretofore had herein, any opposition having been considered, due deliberation having been had thereon, and good and sufficient cause appearing; NOW, upon Application of Defendant, by its counsel, Rottenberg Lipman Rich, P.C., it is hereby 10 of 14

11 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK 01/31/ AM NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /31/2018 ORDERED, that Defendant's application for summary judgment in favor of Plaintiff on Plaintiff's claim for joint legal title to the Property is, in all respects, denied; and it is further ORDERED, that Defendant's application for default judgment in favor of Defendant on Defendant's claim for an accounting, partition, and sale of the Property is, in all respects, granted; and it is further ORDERED, that Defendant shall receive $284, of the proceeds of the sale of the Property before the remainder is split equally between Plaintiff and Defendant; and it is further ORDERED, that this matter is referred to Referee to (a) determine whether there is any creditor not a party who has a lien on the undivided share or interest of any party; and (b) upon such determination order the clerk to enter an interlocutory judgment of partition and sale under RPAPL 915; and it is further ORDERED, that, upon consent of Defendant, a judgment awarding legal title to the Property to Plaintiff and Defendant as tenants in common, each with a 50% interest in the Property, is to be entered concurrently with an interlocutory judgment of partition and sale pursuant to RPAPL 915; and it is further ORDERED, that a copy of this Order shall be served upon the judgment clerk, this Court and Defendant. Plaintiff shall be served with a copy of this Order within 10 days. Dated Brooklyn, New York, 2018 Hon. Francois Rivera, J.S.C. 11 of 14

12 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 NYSCEF DOC. NO. 69 RECEIVED NYSCEF 03/27/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X ANNETTE RENAUD, Plaintiff, Index No. 3189/ against - NOTICE OF ENTRY LISA A. RENAUD, Defendant, - against - CHASE BANK, N.A., Counterclaim Defendant X PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of an Order issued in the above-captioned action dated March 9, 2018 and entered in the office of the Clerk of the Supreme Court of the State of New York, Kings County, on March 12, Dated New York, New York March 20, 2018 ROTTENBERG LIPMAN RICH, P.C. By / / ( (W~m Harry %'.. Lipman Esq. Esq.' C. Zachary Rosenberg, Esq. The Helmsley Building 230 Park Avenue, 18* Floor New York, New York (212) Attorneys for Plaintifs Pearson Street LIC, LLC and Pearson Shlaf LLC 12 of 14

13 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 NYSCEF DOC. NO. 69 RECEIVED NYSCEF 03/27/2018 To Annette Renaud 80 Hancock Street Brooklyn, New York Chase Bank, N.A. c/o CT Corporation 111 8th Avenue # 13 New York, New York Registered Agent for Service of Process for Counterclaim Defe-ndant Chase Bank, NA. 13 of 14

14 FILED KINGS COUNTY CLERK 03/27/ PM INDEX NO. 3189/2016 FILED KINGS COUNTY CLERK INDEX NO. 3189/ /12/2018 NYSCEF DOC. NO RECEIVED NYSCEF 03/27/ /20/2018 s P R E S E N T Vff' Hon. Ron. «I.p) imp> /<1< ) Vff c1' 5J. cf k- ~ 5 Justice pd PCc,digctt S g, rji( Z Vtr V<r st At an 1.A.S. Trial Term, Part of the Supreme Court of the State of New York. held in and for the County of Kings. at the Courthouse, located at Civic Center, Borough of Brooklyn, City and State of New York, on the p/1 day of t 20 Ps~ pr,+ 20+ /p I fl...vp t'-p DVg Cal. Nn, No< Plaintiff(s) Index o. fl g'0/ df'0/ 22)Q 2'IPQ - against - P''/id ~'fm v4 v 4 Defendant(s) The following papers numbered 1 to read on this motion Papers Numbered Notice ofmotion -Order- to Show Cause and Affidavits (Affirmations) Annexed Answering Affidavit (Affirmation) Reply Affidavit (Affirmation) Affidavit Pleadings- â - Exhibits Stipulations- - Minutes Filed Papers (Affirmation) Ceo'tt Cnn ce (c. r rcieit Arri(ii) Ri¹.cfire -o -s IieinJi Jrtod< g-t QX gf'cv 5frti,ff Q. 4 0tft 0(r)rc trh I tst Ct 0iioi' 'j I cc trfr erf For Clerks use only c> A7 MG MD [T1 Motion Seq.. # a ' E N R p ~~ f"t~ r; C&l CO ro O C3 EJV-rev I1-04 J.S.C. SON FRANCOIS A E1VESAã ' G.S.C ;.~ J.S.C, ~ 14 1 of 14