COUNTY OF NEW YORK TRUSTEEFORTHEHOLDERSOFTHE. CATUOGNO A/K/A PAMELA CATUGNO A/K/A 353 West. NEW YORK CITY ENVIRONMENTAL CONTROL Lot: 1502
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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HSBC BANK USA, NATIONAL ASSOCIATION, AS Index No.: /2015 TRUSTEEFORTHEHOLDERSOFTHE DEUTSCHE ALT-A SECURITIES, INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA3, Plaintiff, NOTICE OF SETTLEMENT -against- PAMELA CATUOGNO A/K/A PAMELA M. Mortgaged Premises: CATUOGNO A/K/A PAMELA CATUGNO A/K/A 353 West 56th Street, Apt. 41 PAMELA M. CATUGNO, BOARD OF MANAGERS New York, New York OF THE PARC VENDOME CONDOMINIUM, BANK OF AMERICA, N.A., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, Block: NEW YORK CITY ENVIRONMENTAL CONTROL Lot: 1502 BOARD, NEW YORK CITY PARKING VIOLATIONS Unit: 41 BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, ALEXANDRA RICCARD, Defendants. PLEASE TAKE NOTICE that, pursuant to 22 NYCRR , annexed hereto is a true copy of a proposed judgment of foreclosure and sale which will be presented for signature to the Hon. Manuel J. Mendez, J.S.C., of the Supreme Court, New York County, located at 60 Centre Street, New York, New York on the 22nd day of February, 2019 at 9:30 a.m., or as soon thereafter as counsel can be heard, for settlement and signature. PLEASE TAKE FURTHER NOTICE that, pursuant to 22 NYCRR , any proposed counter-order shall be served on all parties, if by regular mail, not less than seven (7) days before the date of settlement and shall be submitted with a copy clearly marked to delineate each proposed change to the order which objection is made. [continued on next page]
2 Dated: White Plains, New York January 30, 2019 ECKERT SEAMANS CHERIN & MELLOTT, LLC SarÂJ. -IreTnl5erg, Esq. 10 Bank Street Suite 700 ite Plain ew York (914) Attorneys for Plaintiff HSBC Bank, USA, National Association, as Trustee for the Holders of the Deutsche ALT-A Securities, Inc., Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2007-OA3 To: David S. Lee, Esq. Karp & Kalamotousakis, LLP Seven Penn Plaza 370 Seventh Avenue, Suite 720 New York, New York Attorneys for Defendant Pamela Catuogno Elizabeth D. Schrero, Esq. Gershon Akennan, Esq. Seyfarth Shaw, LLP 620 Eighth Avenue New York, New York Attorneys for Defendant The Board of Managers of Parc Vendome Condominium Homeowners Association Bank of America, N.A 1800 Tapo Canyon Road Simi Valley, California NYS Department of Taxation and Finance W A Harriman Campus, Building 9 Albany, New York
3 NYC Environmental Control Board 100 Church Street New York, New York NYC Parking Violations Bureau 100 Church Street New York, New York NYC Transit Adjudication Bureau 130 Livingston Street Brooklyn, New York Thomas L. Tedeschi, Esq st Street Bellerose, New York Court-Appointed Referee Alexandria Riccard 56d' 353 West Street, Apt. 4I New York, New York
4 At Part of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse, at 60 Centre Street, New York, New York and held on the day of. PRESENT: JUSTICE OF THE SUPREME COURT HSBC BANK USA, NATIONAL ASSOCIATION, AS Index No.: /2015 TRUSTEEFORTHEHOLDERS OFTHEDEUTSCHE ALT-A SECURITIES, INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA3, -against- Plaintiff, JUDGMENT OF FORECLOSURE AND SALE PAMELA CATUOGNO A/K/A PAMELA M. Mortgaged Premises: 566' CATUOGNO A/K/A PAMELA CATUGNO A/K/A 353 West Street, Apt. 4I PAMELA M. CATUGNO, BOARD OF MANAGERS New York, New York OF THE PARC VENDOME CONDOMINIUM, BANK OF AMERICA, N.A., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW Block: YORK CITY ENVIRONMENTAL CONTROL BOARD, Lot: 1502 NEW YORK CITY PARKING VIOLATIONS Unit: 41 BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, ALEXANDRA RICCARD, Defendants. On the summons, complaint, and notice of pendency duly filed in this action on March 25, 2015, all proceedings thereon, the Order of Reference dated December 12, 2016, and on reading and filing the notice of motion dated December 21, 2018, and the affirmation of Sarah J. Greenberg, Esq., counsel for plaintiff HSBC Bank USA, National Association, as Trustee for the holders of the Deutsche ALT-A Securities, Inc., Mortgage Loan Trust, Mortgage Pass-Through Certificates Series 2007-OA3, December 21, 2018, from which it appears that each of the defendants herein have been duly served with the summons and complaint in this action, or have 4
5 voluntarily appeared personally or by their respective attorneys, and stating that more than the legally required number of days had elapsed since said defendants were so served and/or appeared; and that none of the defendants has served any answer to said complaint, nor has their time to do so been extended, with the exception of defendant Pamela Catuogno, who filed an answer with counterclaims, and defendant The Board of Managers of the Parc Vendome Condominium Homeowners Association, who filed a notice of appearance and waiver in foreclosure; and that the complaint herein and notice of pendency containing all the particulars required to be stated therein was duly filed in the Office of the Clerk of the County of New York on March 25, 2015, and has not been amended to add new parties or to embrace real property not described in the original complaint, and the Referee having been duly appointed to compute the amount due to the plaintiff upon the bond/note and mortgage set forth in the Complaint and to examine and report whether the mortgaged premises should be sold in parcels, AND, on the reading the report of THOMAS L. TEDESCHI, ESQ., the Referee named in said Order of Reference, by which report dated November 8, 2018, it appears that the sum of $983, was due thereon as of October 6, 2018, the date computed in said report and that the mortgaged premises should be sold in one parcel, NOW, upon proof of due notice of this application upon all parties who had not waived same, upon proof of service of the order of reference as provided therein, and pursuant to the decision and order of the Hon. Manuel J. Mendez, J.S.C., entered with the New York County Clerk's Office on January 28, 2019; ON MOTION of Eckert Seamans Cherin & Mellott, LLC, attorneys for the plaintiff, it is ORDERED, that the plaintiff's motion is hereby granted; and it is further ORDERED, ADJUDGED AND DECREED, that the mortgaged premises described in 5
6 the complaint and as hereinafter set forth, and if not sold sooner, any and all personal property which plaintiff has a security interest, be sold at or such part thereof at public auction at, in the County of New York, State of New York, by and under the direction of THOMAS L. TEDESCHI, ESQ., who is hereby appointed referee for that purpose and in the absence of the designated referee, the Court will designate a substitute referee forthwith; that the said referee give public notice of the time and pace of such sale according to the law and practices of the Court, by publishing same in the ; and it is further ORDERED, ADJUDGED AND DECREED, that the Referee at the time of sale may accept a written bid from the plaintiff's attorneys, just as thought the plaintiff were physically present to submit said bid; and it is further ORDERED, ADJUDGED AND DECREED, that the plaintiff or any other party that may become the purchaser or purchasers at such sale shall pay all transfer taxes and recording expenses, and that in the event a party, other than the plaintiff, becomes the purchaser or purchasers at such sale, the closing of title shall be had thirty (30) days after such sale unless otherwise stipulated by all parties to the sale, including plaintiff and that failure of the purchaser(s) to close within thirty (30) days may result in the forfeiture of any deposit tendered by purchaser(s), in lieu of a closing, and that plaintiff reserves the right to sell to the next highest bidder at said sale; that any purchaser, other than plaintiff, shall pay interest on the purchase price from the date of sale to the date of delivery of the deed and all payments for taxes, assessments, water and sewer charges, which are, or may become liens on the premises at the time of sale, shall be adjusted for at closing accordingly based on the fiscal period for which they 6
7 are assessed; that in case the plaintiff shall become the purchaser at the said sale, it shall not be required to make any deposit thereon; that plaintiff reserves the right to postpone the sale and readvertise the sale in accordance with RPAPL 231; that said referee execute to the purchaser or purchasers on such sale a deed to the premises sold at which time the referee shall forthwith pay the taxes, assessments, water and sewer rents which are or may become liens on the premises at the time of sale with such interest or penalties which may have lawfully accrued thereon to the date of payment, with the exception of any work that may have been performed on the premises by the City of New York or any demand made by the City for any work that may result in charges by the New York City Department of Health, which liens are not of record at the time of sale; or said referee may allow the same purchaser at the time of delivery of deed upon production to said referee of proper vouchers showing the payment thereof and redeem the property sold from any sales for unpaid taxes, assessments or water rents, which have not apparently become absolute, and that the referee then deposit the balance of said proceeds of sale in his own name as referee in any local banking institution insured by the FDIC and shall thereafter make the following payments and his checks drawn for that purpose shall be paid by said depository: FIRST: The statutory fees of the referee in the amount of $500.00; SECOND: The expenses of the sale including posting and advertising as shown on bills presented to and certified by the referee to be correct, duplicate copies of which shall be filed with this Court with the report of sale; THIRD: Said referee shall also pay to the plaintiff or its attomey the sum of WAIVED adjudged to the plaintiff for costs and disbursements in this action, to be taxed by the clerk, together with an additional allowance of $ hereby awarded to the plaintiff; and also 7
8 $983, the said amount reported due as aforesaid, together with interest on the principal balance due at the rate set forth in the note and mortgage from October 6, 2018 to the date of entry of judgment, then with interest on the whole at the legal rate from the date of entry of judgment to the date of transfer of the referee's deed, or so much thereof as the purchase money of the mortgaged premises will pay of the same, plus reasonable attorneys' fees in the amount of WAIVED and any maintenance, preservation or other expenses paid by the plaintiff as authorized by this judgment pursuant to the terms of the mortgage. FOURTH: That in the case the plaintiff be the purchaser of said mortgaged premises at said sale, the Referee shall not require the plaintiff to pay in cash the entire amount bid at said sale, but shall execute and deliver to the plaintiff a deed of the premises sold upon the payment to said Referee of the amounts specified above in items marked "FIRST" and "SECOND"; that the balance of the amount bid, after deducting the amounts paid by the plaintiff, for referee's fees, and for referee's fees, and advertising expenses, shall be allowed to the plaintiff and applied by said referee upon the amounts due to the plaintiff as specified above in item marked "THIRD"; that if after so applying the balance of the amount bid, there shall be a surplus over and above said amounts due to the plaintiff, the plaintiff shall pay to the Referee, upon delivery of said Referee's Deed, the amount of such surplus; that said Referee on receiving said several amounts from plaintiff shall than deposit the balance. FIFTH: That said Referee deposit the surplus money, if any, with the New York County Commission of Finance within five (5) days after the same shall be received and be ascertainable to the credit of this action, to be withdrawn only on the written order of this Court signed by a Justice of this Court, that the said referee make his report of such sale under oath showing that the disposition of the proceeds of the sale accompanied by the vouchers of the persons to whom 8
9 the payments were made and file it with the Clerk of the County of New York within thirty (30) days completing the sale and executing the proper conveyance to the purchaser; and it is further ORDERED, ADJUDGED AND DECREED, that the purchaser or purchasers at such sale be let into possession on producing the Referee's deed pursuant to CPLR 308; and it is further ORDERED, ADJUDGED AND DECREED, that each and all the defendants in this action and all persons claiming under them, or any or either of them, after the filing of such notice of pendency of this action, be and they hereby are, barred and foreclosed of all right, claim, lien, title, interest and equity of redemption in their said mortgaged premises and each and every part thereof; and it is further ORDERED, ADJUDGED AND DECREED, that said premises be sold in one parcel in "as is" physical condition, subject to any covenants, easements, encroachments, reservations and restrictions, violations and agreements of record, zoning regulations and ordinances of the city, town, or village wherein the premises are located, any state of facts an accurate survey would show, any state of facts a physical inspection will disclose, rights of tenants and other persons in possession of the mortgaged premises, prior judgments, liens, and mortgages of record, any and all rights of the United States on America to redeem the subject premises, the Tenns of Sale and purchase assumes all risk of loss or damage to the premises from the date of the foreclosure sale until the closing and thereafter. That a description of said mortgaged premises hereinbefore mentioned, and commonly known as 353 West 560' Street, Unit 41, New York, New York 10019, is annexed hereto as Schedule A - Legal Description. ORDERED, ADJUDGED AND DECREED, that pursuant to CPLR 8003(b), absent 9
10 application to the court, further court order, and compliance with Part 36 of the Rules of the Chief Judge, the referee shall not demand, accept or receive more than the statutory fee of $ otherwise payable to the Referee for the foreclosure sale stage, regardless of any adjournment, delay, or stay of the sale; and it is further ORDERED, ADJUDGED AND DECREED, that the referee is prohibited from accepting or retaining any funds for him/herself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, ADJUDGED AND DECREED, that by accepting this appointment the referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to, Section 36.2(c) ("Disqualifications from appointment"), and Section 36.2(d) ("Limitations on appointments based upon compensation"); and it is further ORDERED, ADJUDGED AND DECREED, that the Referee appointed to sell herein be served with a signed copy of the Judgment of Foreclosure and Sale with Notice of Entry. Dated: ENTER, J.S.C. 10
11 Title No. MAC Metropolis Abstract Corp. Schedule A Description of Mortgaged Land THE Residential Unit (the "Unit") known as Unit No, 41 in the premises linown as The Parc Vendome Condominium and as and by the street number 353 West 56th Street, Borough of Manhattan, County, City and State of New York, said Unit being designated and described as Unit No. 41 in the declaration ("Declaration") establishing a plan for condominium ownership of said premises made by Parc Vendome Associates Ltd. under Article 9-B of the Real Property Law of the State of New York (The "New York Condominium Act"), dated July 1983 and recorded in the Office of the City Register, New York County (The "City Register's Office") on August 22, 1983 in Reel 711 Page 7, as amended by the First Amendment to the Declaration recorded in Reel 1310 Page 2358, Second Amendment in Reel 2032 Page 1534, Third Amendment in Reel 2188 Page 685, Fourth Amendment in Reel 2303 Page 2415 and also designated as Tax Lot 1502 in Block 1047 Section 4 of the Borough of Manhattan on the tax map of the Real Property Assessment Department of the City of New York and on the floor plans of said building certified by Nathan Kirshenbaum P.E. Architects, on July 13, 1983 and filed in the City Register's Office on August 19, 1983, as Condominium Plan No All capitalized terms herein which are not separately defined herein shall have the meanings given to those terms in the Declaration or in the By-Laws of the Parc Vendome Condominium. TOGETHER with an undivided percent interest in the Common Elements of the property (as such term is defined in the Declaration). THE Land on which the Building containing the Unit is located is bounded and described as follows; ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of West 57th Street, distant 375 feet Westerly from the comer formed by the intersection of the southerly side of West 57th Street with the westerly side of Eighth Avenue; RUNNING THENCE Westerly along the southerly side of West 57th Street, 345 feet; THENCE Southerly parallel with the easterly side of Ninth Avenue and part of the way through a party wall, 100 feet 5 inches to the center line of the block; continued.,,
12 Title No. MAC "A" SCHEDULE (continued) Page 2 of 6 THENCE Westerly along the said center line of the block 30 feet to a point 50 feet easterly from the easterly side of Ninth Avenue; THENCE Southerly and parallel to the easterly side of Ninth Avenue, 100 feet 5 inches to the northerly side of West 56th Street; THENCE Easterly along the northerly side of West 56th Street, 375 feet; THENCE Northerly parallel with the westerly side of Eighth Avenue 200 feet 10 inches to the southerly side of.west 57th Street, at the point or place of BEGINNING. AND EXCEPTING THEREFROM ALL that certain plot, piece or parcel of land, situate, lying and being In the Borough of Manhattan, County, City and State of New York, which lies below a horizontal plane, the elevation of which is feet above the elevations referred to in the datum used by the Department of Highways of the City of New York in the Borough of Manhattan, (which is 2.75 feet above the United States Coast and Geodetic Survey Mean Sea Level Datum, Sandy Hook, New Jersey) and which IIes above a horizontal piane, the elevation of which is 38.0 feet above the elevations referred to in datum hereinafter mentioned and which is bounded by and lies within the vertical plan formed by projecting vertically between said horizontal planes, the boundaries of the parcel described as follows: COMMENCING at a point on the southerly side of West 57th Street distant 375 feet Westerly from the corner formed by the intersection of the southerly side of West 57th Street with the westerly side of Eighth Avenue; RUNNING THENCE Southerly parallel with the easterly side of Ninth Avenue, 58 feet 5 inches to the point or place of BEGINNING; RUNNING THENCE from said point of beginning, Southerly parallel with the easterly side of Ninth Avenue 80 feet 3 inches to a point; RUNNING THENCE Westerly parallel with the southerly side of West 57th Street, 32 feet 4 inches to a point; RUNNING THENCE Northerly parallel with the easterly side of Ninth Avenue 2 feet O inches to a point; continued...
13 Title No. MAC "A" SCHEDULE (continued) Page 3 of 6 RUNNING THENCE Westerly parallel with the southerly side of West 57th Street, 13 feet 2 inches to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 1 foot 0 inches to a point; RUNNING THENCE Westerly on a line parallel with the southerly side of 57th Street, 96 feet 6 inches to a point; RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue, 1 foot 0 inches to a point; RUNNING THENCE Westerly on a line parallel with the southerly side of West 57th Street, 13 feet 2 inches to a point; RUNNING THENCE Southerly parallel with the easterly side of Ninth Avenue 2 feet 0 inches to a point; RUNNING THENCE Westerly on a line parallel with the southerly side of West 57th Street, 64 feet 8 inches to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 2 feet 0 inches to a _point; RUNNING THENCE Westerly on a line parallel with the southerly side of West 57th Street, 13 feet 2 inches to a point; RUNNING THENCE Northeiiy on a line parallel with the easterly side of Ninth Avenue, 1 foot 0 inches to a point; RUNNING THENCE Westerly on a line parallel with the southerly side of West 57th Street, 97 feet 0 inches to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 71 feet 8 inches to a point; 21 feet 8 inches to a point; continued...
14 Title No. MAC "A" SCHEDULE (continued) Page 4 of 6 RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue, 0 feet 4 inches to a point; 15 feet 1 inch to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 0. feet 4 inches to a point; 69 feet 0 inches to a point; RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue, 0 feet 4 inches to a point; RUNNING THENCE Easterly on a line parallel with the southerly side of West 57th Street 16 feet 1 inch to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 5 feet 11 inches to a point; 71 feet 4 inches to a point;.. RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue, 5 feet 11 inches to a point; 16 feet 1 inch to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue 0 feet 4 inches to a point; 69 feet O inches to a point; RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue 0 feet 4 inches to a point; continued...
15 d Title No. NiAC "A" SCHEDULE (continued) Page 5 of 6 RUNNING THENCE Easterly on a Ilne parallej with the southerly side of West 57th Street, 15 feet 1 inch to a point; RUNNING THENCE Northerly on a line pai-allel with the easterly side of Ninth Avenue 5 feet 11 Inches to a point; RUNNING THENCE Easterly on a line parallelwith the southerly side of West 57th Street, 36 feet 8 inches to the point or place of BEGilNNING. EXCEPTING THEREFROM that area approximately 40 feet by 100 feet comprising approximately 4000 square feet and designated as Plaza J and more particularly described as follows: ALL that certain plot, piece or parcel of ladd, situate, lying and being in the Borough of Manhattan, County, City and State of New York, bounded and described as follows: COMMENCING at a point on the southei1y side of West 57th Street, distant 375 feet Westerly from the corner formed by the intersection of the southerly side of West 57th Street, with the westerly side of Eighth Avenue; RUNNING THENCE Southerty parallel wi i the easterly side of Ninth Avenue 58 feet 5 inches to the point or place of BEGINNING RUNNING THENCE from said point of BEGINNING, Southerly parallel with the easterly side of Ninth Avenue 80 feet 3 inches to oint; RUNNING THENCE Westerly parallel with he southerly side of West 57th Street, 32 feet 4 inches to a point; RUNNING THENCE Northerly parallel with the easterly side of Ninth Avenue, 2 feet 0 inches to a point; RUNNING THENCE Westerly parallel with.the southerly side of West 57th Street, 13 feet 2 inches to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue 1 foot 0 inches to a point; continued-.
16 Title No. MAC "A" SCHEDULE (continued) Page 6 of 6 RUNNING THENCE Westerly on a line parallel with the southerly side of West 57th Street, 15 feet 3 inches to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 71 feet 8 inches to a point;. 9 feet 0 inches to a point; RUNNING THENCE Southerly on a line parallel with the easterly side of Ninth Avenue, 0 feet 4 inches to a point;.. 15 feet 1 inch to a point; RUNNING THENCE Northerly on a line parallel with the easterly side of Ninth Avenue, 5 feet 11 inches to a point; 36 feet 8 inches to the point or place of BEGINNING.
17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK HSBC BANK USA, NATIONAL ASSOCIATION, AS Index No.: /2015 TRUSTEE FOR THE HOLDERS OF THE DEUTSCHE ALT-A SECURITIES, INC. MORTGAGE LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA3, Plaintiff, -against- PAMELA CATUOGNO A/K/A PAMELA M. CATUOGNO A/K/A PAMELA CATUGNO A/K/A PAMELA M. CATUGNO, BOARD OF MANAGERS OF THE PARC VENDOME CONDOMINIUM, BANK OF AMERICA, N.A., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, ALEXANDRA RICCARD, Defendants.... NOTICE OF SETTLEMENT ECKERT SEAMANS CHERIN & MELLOTT, LLC Attorneys for Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE 10 Bank Street, Suite 700 White Plains, New York (914) Fax (914)
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