SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------------X X Index No.: 110033/2008 RONY ILAN as assignee of and successor-in-interest to PROGRESSIVE CREDIT UNION, -against- Plaintiff, ORDER TO SHOW CAUSE TO TERMINATE THE RECEIVERSHIP OF AVI A. NAVEH, ESQ. FOR THE PROPERTY KNOWN AS AND MONICA WASHINGTON AND LEAH GUNN, AS LOCATED AT 468 WEST ADMINISTRATORS OF THE ESTATE OF QUEEN E. DOBBINS, 468 WEST 145 STREET CORP. a/lda 468 WEST STREET, NEW YORK, NEW 145 ST. CORP., NEW YORK YORK STATE DEPARTMENT OF 10031, BLOCK NO. 2059, LOT NO. 0057 TAXATION AND FINANCE, KOJO GLOBAL LLC, JOHN KOJO ZI, VICTORIA KELLEY, THEODORE HUDSON, MAKONNEN HODGE, KASSINDA BRYANT, TERRANCE GLYNN, WILLIAM C. WISE, HENRY EDWARDS, HON. SHLOMO S. HAGLER TERRELL ~ E. ~ WELLS, nn EILEEN L/ SOLOMON, ~~~ATW~A ELISE WALLACE, JOSEPH ALLEN ROSS, JOHN SANDERS, #1" IAS PART 17 KEVIN STONE, CARLEASE CARMON, and "JOHN DOE through "JOHN DOE #12," the last twelve names being fictitious and unknown to the Plaintiff the persons or parties intended da L. l. being the tenants, occupants, persons, or corporations, if any, having or claiming an interest in or lien upon the mortgage premises described in the Complaint, Defendants. --------------------------------------------------------------------------X MONICA WASHINGTON and LEAH GUNN, as administrators of the estate of Queen E. Dobbins, X Petitioners, - against - 468 WEST 145 145 ST. CORP. a/k/a 468 WEST STREET CORP., VICTORIA KELLEY, JOHN KOJO ZI and KOJO GLOBAL, LLC, 145 145 Respondents.
UPON the application of court-appointed receiver Avi A. Naveh, Esq., dated January 5, 2018, and upon all of the exhibits annexed thereto, and upon all of the pleadings and proceedings heretofore had herein, IT IS ORDERED that Rony Ilan as assignee of and successor-in-interest to Progressive Credit Union, Monica Washington and Leah Gunn, as administrators of the Estate of Queen E. Dobbins, and 468 West Street Corp. a/k/a 468 West St. Corp., show cause before the Supreme Court of the State of New York, New York County, IAS Part 17, Room 335 of the Courthouse located at 60 Centre Street, New York, New York, on January, 2018, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an Order should not be made terminating the Receivership of Avi A. Naveh, Esq., and the secondary appointment of Darren R. Marks, Esq. and the law firm Borah, Goldstein, Altschuler, Nahins, & Goidel, P.C. as counsel to the Receiver, pursuant to this Order. SUFFICIENT CAUSE APPEARING, IT IS, THEREFORE: ORDERED THAT the receivership of Avi A. Naveh, Esq. (Fiduciary ID No.: 650259; the "Receiver" "Receiver") for the property known as and located at 468 West Street, New York, "Property" New York 10031, Block No. 2059, Lot No. 0057 (the "Property") is terminated forthwith. ORDERED THAT the secondary appointment of Darren R. Marks, Esq., Borah Goldstein, Altschuler, Nahins & Goidel, P.C. (Fiduciary ID No.: 586561; the "Receiver's Counsel" Counsel") is terminated forthwith. ORDERED THAT effective on the date of this Order, the Receiver, Receiver's Counsel, successors, assigns, affiliates, subsidiaries parents, partners, members, investors, officers, "Receiver" shareholders, directors, employees attorneys, and agents (collectively the "Receiver") are hereby released and forever discharged from their official duties without cost, expense or liability.
ORDERED THAT Receiver is divested of the receivership property, and the Receiver and Receiver's Counsel are fully exonerated from all liability for any act or omission authorized by the Court as provided by the appointing orders, law, the parties herein, and all third-party claimants. ORDERED THAT the Receiver may forthwith close all utility accounts in the Receiver's name or transfer such accounts to Monica Washington, and Leah Gunn, as administrators of the Estate of Queen E. Dobbins and de-register himself as the agent of record for the Property with any city and state agencies. ORDERED THAT Monica Washington, and Leah Gunn, as administrators of the Estate of Queen E. Dobbins, and or their assigns, affiliates, shareholders, partners, predecessors, employees, officers, directors, attorneys, parent corporations, subsidiaries and agents shall promptly: 1) register themselves with the appropriate city and state agencies as the agent(s) of record for the Property; and 2) have all utility, heating oil or other vendors supplying building services for the subject premises change the name of the account holder from the Receiver, to themselves and/or their assigns, affiliates, shareholders, partners, predecessors, employees, officers, directors, attorneys, parent corporations, subsidiaries and agents. ORDERED THAT Plaintiff Rony lian, and Defendants Monica Washington, and Leah Gunn, as administrators of the Estate of Queen E. Dobbins, shall hold harmless and joint and severally defend and indemnify the Receiver and Receiver's Counsel for any claim that arise during the Receivership for: 1) the Property being uninsured; and 2) the utilities to the Property being disconnected.
ORDERED THAT the Receiver shall not be liable in any manner for any outstanding obligations and debts of the receivership estate, known or unknown, and the Receiver shall not be liable to any person or entity, including taxing authorities. ORDERED THAT all agreements entered into by the Receiver on behalf of the receivership estate are confirmed, and those agreements that have not been formally confirmed are terminated. ORDERED THAT any obligation the Receiver may have had for reporting, including a final accounting, shall be deemed either satisfied or waived as there have been and are no monies in the Receiver's Account. ORDERED THAT the Court reserves exclusive jurisdiction over any claim or claims, including, but not limited to, actions arising out of or related to any contract, that may be asserted against the Receiver and Receiver's Counsel for their respective services herein and all issues that were a part of the subject matter of the receivership and this Order, or that have arisen or may arise therefrom. ORDERED THAT no individual or entity may take any action against the Receiver and Receiver's Counsel including, but not limited to, the commencement of an action arising out of or related to any contract, without first obtaining the permission of this Court. ORDERED THAT the Receiver and Receiver's Counsel are fully exonerated from all claims or liabilities relating to acts taken during the receivership as authorized by the Court. ORDERED THAT any funds advanced by the Plaintiff Rony Ilan as assignee of and successor-in-interest to Progressive Credit Union in the payment for managing, protecting, safeguarding, repairing, operating, insuring, taxes due, curing violations, legal fees and/or any other expenses which may be necessary for the preservation and protection of the Property by the
Receiver shall be secured by the Mortgage and added to and included in the debt thereupon due and in the judgment of foreclosure and sale. ORDERED THAT the Receiver's outstanding compensation for the period of April 2015, through January 2018 of $34,000.00 shall be secured by the Mortgage and shall be added to and included to the debt thereupon due and in the judgment of foreclosure and sale. If upon the foreclosure and sale of the Property there not enough funds to pay the Receiver's outstanding compensation, then any deficiency shall be paid by Plaintiff prior to any closing or deed transfer. ORDERED THAT Receiver's Counsel's outstanding compensation for professional services rendered for the period of April 2014, through January 2018 of $202,018.89 shall be secured by the Mortgage and shall be added to and included to the debt thereupon due and in the judgment of foreclosure and sale. If upon the foreclosure and sale of the Property there not enough funds to pay the Receiver's outstanding compensation, then any deficiency shall be paid by Plaintiff prior to any closing or deed transfer. ORDERED THAT if any party disputes the amount of Receiver's Counsel's outstanding compensation for professional services rendered, then the issue of Receiver's Counsel's outstanding compensation for professional services rendered shall be referred to a Special Referee to hear and report with recommendations. A copy of this order with notice of entry shall be served on the Clerk of the Reference Part (Room 119A) to arrange for a date for the reference to a Special Referee, and the Clerk shall notify all parties of the date of the hearing. ORDERED THAT no other parties are entitled to notice or consent for the discharging of the Receiver, discharging of any secondary appointments, and the dissolving of this receivership as ordered herein.
ORDERED THAT any opposition to this Order to Show Cause shall be served on Receiver's Counsel, Darren R. Marks, Esq. Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., by NYSECF by January 2018. ORDERED THAT reply to any opposition shall be served on Rony lian as assignee of and successor-in-interest to Progressive Credit Union's counsel Ryan O. Miller, Esq., Law Office of Kishner & Miller (rmiller@kishnerlegal.com) and Monica Washington and Leah Gunn, as administrators of the estate of Queen E. Dobbins' Dobbins counsel Robert L. Simms, Esq., attorney for (RLSJRattorney@aol.com), by NYSECF by January 2018. Dated: New York, New York January, 2018 E N T E R: J.S.C.