FILED: BRONX COUNTY CLERK 12/14/ :42 AM INDEX NO /2016E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/14/2016

Transcription

1 FILED: BRON COUNTY CLERK 12/14/ :42 AM INDE NO /2016E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 12/14/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRON U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE Index No /2016E COMMERCIAL MORTGAGE CERTIFICATES, SERIES , PASS-THROUGH NOTICE OF ENTRY -against- Plaintiff, DIAZ, JOSE, STATE OF NEW YORK THE CAPITOL, PEOPLE OF THE STATE OF NEW YORK, LINCOLN HOSPITAL, CAPITAL ONE BANK (USA) N.A., BANGALLY KANUTEH AND CEESAY'S EPRESS, GE MONEY BANK, GREENPOINT MORTGAGE FUNDING, INC., TREMONT COMMONS, LLC, LENDERS CAPITAL LLC, CRIMINAL COURT OF THE CITY OF NEW YORK, BRON SUPREME COURT, MIDLAND FUNDING, LLC, NY STATE DEPARTMENT OF TAATION AND FINANCE, COLORADO CAPITAL INVESTMENTS, INC., COMISSIONER OF SOCIAL SERVICES OF NYC, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE, PARKING VIOLATIONS BUREAU, ENVIRONMENTAL CONTROL BOARD, TRANSIT ADJUDICATION BUREAU, NYC BUREAU OF HIGHWAY OPERATIONS, CHILD SUPPORT ENFORCEMENT SECTION, and "JOHN DOE #1" through "JOPIN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. PLEASE TAKE NOTICE: The within is a true copy of the Order of The Honorable Mary Ann Brigantti, dated November 28, 2016 and entered in the Bronx County Clerk's Office on December 13, of 9

2 Dated: Rye, New York December 14, 2016 DORF& NELSON LLP luflff"' Alvin F. Benton, Jr. TO: William J. Munier, Esq Linwood Avenue, Suite 100-A Fort Lee, New Jersey 07024/ State of New York The Capitol 200 Old Country Road Mineola, NY People of the State of New York The Office of the Bronx County District Attorney 200 Old Country Road Mineola, NY Lincoln Hospital 234 E. 149th St., 7m F1 Bronx, NY Capital One Bank (USA), N.A Cox Road, Glen Allen, VA Bangally Kanuteh and Ceesay's Express GE Money Bank 4125 Windward Plaza Drive Alpharetta, GA Greenpoint Mortgage Funding, Inc. 2 2 of 9

3 Tremont Commons, LLC Lenders Capital LLC Criminal Court of the City of New York 100 Centre Street New York, NY Bronx Supreme Court 215 E. 161 St., Bronx, NY Midland Funding, LLC NY State Department of Taxation and Finance W A Harriman State Campus, Bldg 9 Albany, NY Colorado Capital Investments, Inc. Secretary of State Commissioner of Social Services of NYC 100 Church Street, 1st F1 New York, NY Kathleen A. Zebrowski, Esq. Asst. U.S. Attorney for the Southern District of New York Attorneys for the United States ofamerica 86 Chambers Street 3 3 of 9

4 New York, NY Internal Revenue Service, Deer Park Post Office Carlls Path Deer Park, NY Parking Violations Bureau [Bronx] Traffic Violations Bureau 100 Church Street, 1st Floor New York, NY Environmental Control Board [Bronx] 100 Church Street, 1st F1 New York, NY Transit Adjudication Bureau 130 Livingston Street Brooklyn, NY NYC Bureau of Highway Operations 100 Church Street, 1st F1 New York, NY Child Support Enforcement Section WA Harriman State Campus, Bldg. 9 Albany, NY Neiser Mattress, sued herein as, "John Doe #1" Southern Blvd. Bronx, NY of 9

5 PM INDE NO /2016E FILED: BRON COUNTY CLERK 12/13/ :31 NYSCEF DOC. NO. 51 ^ ^RECEIVED NYSCEF: 12/13/2016 / PART 15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRON: Case Disposed Settle Order Schedule Appearance U.S. BANK NATIONAL Index Jfe /2016E -against- Hon. MARYANN BRIGANTTI, DIAZ, JOSE Justice Supreme Court The following papers numbered 1 to Read on this motion. AMEND PLEADINGS Noticed on September and duly submitted as No. on the Motion Calendar of PAPERS NUMBERED Notice of Motion - Order to Show Cause - Exhibits and Affidavits Annexed Answering Affidavit and Exhibits Replying Affidavit and Exhibits Affidavits and Exhibits Pleadings - Exhibit Stipulation(s) - Referee's Report - Minutes Filed Papers Memoranda of Law Upon the foregoing papers this -a <D t 01 >, Plaintiffs unopposed motion to amend the complaint granted to the extent provided in the annexed long-form Order. Leave to amend should be freely granted upon a showing that the amendment has merit, and there is an absence of prejudice or surprise (CPLR 3025 [b]; Centrifugal Assoc., Inc. v. Highland Metal Indus., Inc., 193 A.D.2d 385 [1st Dept. 1993]). Plaintiff is directed to serve its amended complaint within 30 days after receipt of a copy of this Order with Notice of Entry. a. T. 1) oi : 8 -a ' "S S Q 3ated: H,nl,\b i Ion. 11 MARYANN BRIGANTTI, J.S.< 51 of 95

6 i r 6 At Part jtof the Supreme Court of the State of New York, held in and for the PRESIDING: & County of Bronx, at the Courthouse thereof, 851 Grand Concourse, Bronx, New York on the <5^ day of j\2016. i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRON U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE 'ORDER FOR LEHMAN BROTHERS SMALL BALANCE Index No /20 16E COMMERCIAL CERTIFICATES, SERIES , MORTGAGE PASS-THROUGH h r Hon. y\ok\- -against- Plaintiff, DIAZ, JOSE, STATE OF NEW YORK THE CAPITOL, PEOPLE OF THE STATE OF NEW YORK, LINCOLN HOSPITAL, CAPITAL ONE BANK (USA) N.A., BANGALLY KANUTEH AND CEESAY'S EPRESS, GE MONEY BANK, GREENPOINT MORTGAGE FUNDING, INC., TREMONT COMMONS, LLC, LENDERS CAPITAL LLC, CRIMINAL COURT OF THE CITY OF NEW YORK, BRON SUPREME COURT, MIDLAND FUNDING, LLC, NY STATE DEPARTMENT OF TAATION AND FINANCE, COLORADO CAPITAL INVESTMENTS, INC., COMISSIONER OF SOCIAL SERVICES OF NYC, UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE, PARKING VIOLATIONS BUREAU, ENVIRONMENTAL CONTROL BOARD, TRANSIT ADJUDICATION BUREAU, NYC BUREAU OF HIGHWAY OPERATIONS, CHILD SUPPORT ENFORCEMENT SECTION, and "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. Upon reading the Notice of Motion by Plaintiff, U.S. BANK NATIONAL 1 of 3 26 of 59 2 of 5

7 ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES , ("Plaintiff") dated August 16, 2016, the Affirmation of Alvin F. Benton, Jr., Esq., dated August 16, 2016, with the attached exhibits and proof of service; and the Memorandum of Law in Support of Plaintiff's motion for leave to amend its pleadings in accordance Section 3025 of the New York Civil Practice Law and Rules ("CPLR") and this motion having been heard before this Court on September , and the aforesaid notice of motion and supporting documentation having been submitted to this Court for its deliberation; and due deliberation having been had thereon; and this Court having rendered its Decision and Order on u [gg 2016; NOW, upon motion of Dorf & Nelson LLP, attorneys for Plaintiff, it is: ORDERED that Plaintiff's motion for leave to amend its pleadings in accordance with 3 CPLR 3025(b) is granted in its entirety; and it is FURTHER ORDERED that the amended complaint in the form attached to the f! :! Affirmation of Alvin F. Benton, Jr., Esq., dated August 16, 2016 as Exhibit "A" is hereby deemed timely filed; and it is L.; h :1 FURTHER ORDERED that Plaintiff may serve the amended complaint in the form : : attached to the Affirmation of Avin F. Benton, Jr., Esq., dated August 16, 2016 as Exhibit "A" upon all parties that have appeared in this action and that the amended complaint be deemed served on the parties who have failed to appear; and it is 2 2 of 3 37 of 59 3 of 5

8 I.!. FURTHER ORDERED, that Defendants or their counsel be served with a copy of this Order with Notice of Entry. ENTER: J.S.C Honi i 3 3 Of 3 48 of 59 4 of 5

9 SUPREME COURT STATE OF NEW YORK, COUNTY OF BRON Index No. Year 16E U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERICAL MORTGAGE PASS- THROUGH CERTIFICATES, SERIES against- Plain tiff(s) DIAZ, JOSE, et al., Defendant^ PROPOSED ORDER Dorf & Nelson LLP Attorneys)for Plaintiff Office and Post Office Address, Telephone Dorf 5. Nelson LLP 5 55 Theodore Fremo Avenue Rye, New York I 0580 (9 I A) 3B I Fax: (9 I A) 38 I To Signature (Rule a) Print name beneath Alvin F. Benton, Jr., Esq. Service of a copy of the within is hereby admitted. Attorneyfs) for Dated: PLEASE TAKE NOTICE: NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on NOTICE OF SETTLEMENT that an order will be presented for settlement to the HON. within named Court, at of which the within is a true copy one of the judges of the on at M. Dated, Yours, etc. 59 of 59 5 of 5 Dorf & Nelson LLP