ROSCK, ROSCK cf ASSOCATES, P.C. ATTORNEYS A T LAW Main Office: 51 East Bethpage Road Plainviem, New< York 11803 Telephone (516) 741-2585 x121 March 20, 2018 Hon. Joan B. Lefkowitz Hon. Sam D. Walker Westchester Co. Supreme Court 111 Dr. Martin Luther King Jr. Blvd. White Plains, NY 10601 Re: HSBC Bank USA NA as trustee etc. v. Caesar, et al. ndex No.: 70104-2015 Dear Judges: This letter is submitted in opposition to the letter request, dated March 19, 2018, by Mr. "Defendants" Caesar and Lisa Caesar (the ) for leave to bring another motion to challenge the Amended Decision & Order entered May 13, 2016 (NYSCEF No. 77). The Defendants did not perfect an appeal from the Amended Decision & Order entered May 13, 2016. nstead, they have brought repeated motions which seek to undermine this ruling by Defendants' claiming that the plaintiff lacks standing. All of the motions have been denied. See Order dated February 17, 2017 (NYSCEF No. 163); Order dated May 8, 2017 (NYSCEF No.188); Order dated June 8, 2017 (NYSCEF No.197). The order and decision after trial also found that plaintiff has standing and reaffirms the Amended Decision & Order entered May 13, 2016 by denying motion No. 17 (NYSCEF No. 275). Due to their numerous motions, the Defendants need permission to bring any fiuther motions, as directed on page 17 of the order issued by Justice Walker filed January 22, 2018 (NYSCEF No. 275). This order found in favor of the plaintiff, after a non jury trial. After obtaining permission, Mr. Caesar recently brought motion No. 19 to vacate the defendants' Amended Decision & Order entered May 13, 2016 and for additional relief, The motion was denied by order dated March 12, 2018 (NYSCEF No. 311) which was served with notice of entry. The order, with notice of entry, is annexed. Less than two weeks after the most recent order was issued, the Defendants seek permission to bring yet another motion questioning the holding in the Amended Decision & Order entered May 13, 2016. Multiple motions attacking the same order, place a burden on the court and counsel and should not be condoned. Moreover, reconsideration of a prior order would be prejudicial as the parties have already proceeded to trial, in reliance on the prior rulings.
Hon. Joan B. Lefkowitz Hon, Sam D. Walker March 20, 2018 Page 2 The decision and order cited by the Defendants, HSBC Bank USA NA etc. v. Ehrenthal A.D,3d (2"~ Dept. 2018) does not warrant a different result. Defendants do not establish that this decision constitutes a change in the law as required by CPLR 2221 (d)(2). t is respectfully requested that Defendants' request for permission to bring another motion seeking to overturn the Amended Decision & Order entered May 13, 2016, be denied. Very Tru An rew Mor stern c: Francis M. Caesar Defendant pro se and attorney for defendant Lisa Caesar Via ECF
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------------------------------x HSBC BANK USA, N.A. SOLELY AS TRUSTEE OF THE ndex No.: 70104/2015 J.P. MORGAN MORTGAGE TRUST 2007-A2, Plaintiff, -against- NOTCE OF ENTRY FRANCS M. CAESAR, et al., Defendants. ------------------------------------------------------------------------x COUNSEL: PLEASE TAKE NOTCE that the within is a true copy of an Decision and Order dated March 12, 2018, duly entered in the office of the Clerk of Westchester County on March 12, 2018. Dated: March 12, 2018 Plainview, New York ROSCKl, ROSCKl 4 A S CATES, P.C. By: Christopher E. Medifa, Esq. Attorneys for Plaintiff 51 East Bethpage Road Plainview, New York 11803 516-741-2585 Francis M. Caesar, Esq,. Pro-Se Defendant and Attorney for Defendant Lisa Caesar 19 Hayrake, Lane Chappaqua, NY 10514 Vi a electronic filing
NYSCEF DOC. NO. 311.. NDEX NO. 70104/2015 RECEVED NYSCEF: 03/12/2018.. SUPREME COURT : STATE OF NEW YORK AS PART WESTCHESTER COUNTY : To con1mence the.statutory tinle period for PRESENT: HON. JOAN B. LEFKOWTZ, 1S.C. appeals as ofright (CPLR 55 3[a]), you are........... --- -- â â â â â â â â â -...X â â -- â advised to serve a copy of this order. with nptice ofentry, upon all parties. HSBC BANK USA, N.A. SOLELY AS TRUSTEE OF THE LP. MORTGAGE TRUST 2007-A2, Plaintiff DECSON 4 ORDER. ndex No: 70104/2015 -agamst- FRANCS M. CAESAR; et al '. Motion Return Date: Defendants. â ---X March 2, 2018 Motion Seq. 019 The following papers (e-filed documents 280-308) were read on the E-liled motion by defendants for an order declaring null and void or vacating prior orders of the court and prior submissions of plaintiff's counsel, and an order granting various other forms of relief, upon the grounds that the substitution of counsel filed on December 2, 2015, was improper. 1 Notice of Motion, Affirmation (Exhibits A-l) Memorandum of Law Affirmation in Opposition (Exhibits A-E) Reply Affirmation (Exhibit J) Reply Memorandum of Law Upon reading the foregoing papers it is ORDERED the motion is denied; and it is further ORDERED the parties are directed to appear on April 10, 2018, at 1 1:00 a.m. in the Courtroom 1600, Westchester County Supreme Court,.11 1 Martin Luther King Boulevard, White Plains, New York, prepared to conduct a status conference. ' By amended decision and order dated, May 13, 2016, the court granted the plaintifps t' motion to amend the complaint by changing the name of the plaintiff from U.S. Bank to the presently named plaintiff, HSBC Bank, USA, as Trustee of the J.P. Morgan Mortgage Trust 2007-A2. The court found that counsel established that it had misnamed the plaintiff in the complaint because a prior assignment had misnamed the holder of the note. The court permitted the amendment since the amendment was not a surprise to defendants who had previously made all their payments to HSBC Bank and who had acknowledged their default on the note (New ME' York State Thruway Auth. v CBE Contr. Corp, 280 AD2d 390 [2d.Dept 2001] MK W. St. Co. v [1" Meridian Hotels, 184 AD2d 312 Dept 1992]); see also, United Faii-ness v Town of Woodbury, 113 AD3d 754 [2d Dept 2014]; Fulgum v Town of Cortlandt, 19 AD3d 444 [2d Dept 1 of 2 '
..._.... NYSCEF DOC. NO. 311 NDEX NO. 70104/2015 RECEVED NYSCEF: 03/12/2018 2005};,JCD Forms, nc v Juul-Nielsen, 300 AD2d 4456 [2d Dept 2002];.Londo>~o ondono v Allenkirsch, 261 AD2d 589 [2d Dept 1999]). The defendants did not appeal the order permitting amendment of the caption.. After several more motions the matter was tried, and the court (Walker, J.) found plaintiff was entitled to judgment of foreclosure and sale. Now, the defendants move for an order vacating or annulling all proceedings in this case which occurred after the filing of a substitution of counsel on December 2, 2015. The defendants argue the substitution of counsel, which is signed by outgoing counsel, by incoming counsel and by the loan servicer, PHH Mortgage Corporation, is without force and effect because the caption on the substitution of counsel lists U.S. Bank as plaintiff. As a result, the defendants argue. the incoming attorneys had.no authority to act on.behalf of the plaintiff named in the subsequently amended complaint. The argument lacks merit. First, the court permitted the amendment of the complaint by changing the name of the plaintiff after the filing of the substitution. Thus, the substitution applied to this action with its subsequently amended caption. Second, the substitution is signed by the loan servicer, which has serviced this loan from the date the note was signed to the present. Third, even if the substitution were somehow irregular, the purported irregularity may be disregarded since defendants have not been prejudiced.' (Harrington v Brunson, 129 AD3d 1581 (2d Dept 2015] ; Bevilacqua v [15' Bloomberg, L.P.. 70 AD3d 411 Sept 2010]). E N T E R, Dated: White Plains, New York March 12, 20]8. -ON. JOAN B. LEFK /lt7 J.S.C...S,C, n fact, defendants make no claim of prejudice. -2- aof2 2 2
ndex No.: 70104/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER HSBC BANK USA, N.A. SOLELY AS TRUSTEE OF THE J.P. MORGAN MORTGAGE TRUST 2007-A2, Plaintiff, -against- FRANCS M. CAESAR, et al., Defendant(s). DECSON AND ORDER WTH NOTCE OF ENTRY ROSCK, ROSCK & ASSOCATES, P.C. By: hristopher E. ina, Esq. Attorneys for Plaintiff 51 East Bethpage Road Plainview, New York 11803 516-741-2585 R,RE>A 4: 13-005414